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diff --git a/16783-0.txt b/16783-0.txt new file mode 100644 index 0000000..1bcc28a --- /dev/null +++ b/16783-0.txt @@ -0,0 +1,23630 @@ +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 + + + + + +[Illustration: Book Spines, 1829 set of Jefferson Papers] + +MEMOIR, CORRESPONDENCE, AND MISCELLANIES, FROM THE PAPERS OF THOMAS +JEFFERSON. + +Edited by Thomas Jefferson Randolph. + + +[Illustration: Steel engraving by Longacre from painting of G. Stuart] + +[Illustration: Titlepage of Volume Three (of four)] + + +VOLUME III. + + + + +LETTER I.--TO JOHN JAY, July 19, 1789 + + +TO JOHN JAY. + +Paris, July 19, 1789. + +Dear Sir, + +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. + +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. + +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. + +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. + +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 _Arrêtè_, 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, _Garde des Sceaux_. 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 _Bourgeois_ 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 _Bourgeois_, 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 _Hôtel des Invalides_, to ask +arms for their _Garde Bourgeoise_. He was followed by, or he found +there, a great mob. The Governor of the _Invalides_ 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 _Invalides_ 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 _Palais Royal_. +About the same instant, a treacherous correspondence having been +discovered in Monsieur de Flesselles, _Prévôt des Marchands_, they +seized him in the _Hotel de Ville_, 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 +_Chateau_ 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 _Milice Bourgeoise_, +and Monsieur Bailly, former President of the States General, was called +for as _Prévôt des Marchands_. 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 _Prévôt des Marchands_, 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 _Bourgeois_ 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 _‘Vive la Nation;_’ but not a +single _‘Vive le Roy_’ was heard. The King stopped at the _Hôtel de +Ville_. 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 _‘Vive le Roy et la +Nation.’_ He was conducted by a _Garde Bourgeoise_ to his palace +at Versailles, and thus concluded such an _amende honorable_, 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 _Milice Bourgeoise_ +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. + +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 ‘_De projundis_’ and ‘_Requiems,_’ +‘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 +_Point du Jour_) which will give you some idea of the proceedings of the +National Assembly. It is but an indifferent thing; however, it is the +best. + +I have the honor to be, with great esteem and respect, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + +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. + + + + +LETTER II.--TO M. L’ABBE ARNOND, July 19, 1789 + + +TO M. L’ABBE ARNOND. + +Paris, July 19, 1789. + +Dear Sir, + +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. + +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 _esprit de corps_; 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. + +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, + +Th: Jefferson. + + +_Books, on the subject of Juries_. + +Complete Juryman, or a Compendium of the Laws relating to Jurors. + +Guide to English Juries. + +Hawles’s Englishman’s Right. + +Jurors Judges both of Law and Fact, by Jones. + +Security of Englishmen’s Lives, or the Duty of Grand Juries. + +Walwin’s Juries Justified. + + + + +LETTER III.--TO JOHN JAY, July 23, 1789 + + +TO JOHN JAY. + +Paris, July 23, 1789. + +SIR, + +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 _Point du Jour_, and am, with the +most perfect esteem and respect, Sir, your most obedient and most humble +servant, + +Th: Jefferson. + +P. S. I just now learn that Bertier de Chauvigny was brought to town +last night, and massacred immediately. + + + + +LETTER IV.--TO JOHN JAY, July 29, 1789 + + +TO JOHN JAY. + +Paris, July 29, 1789. + +Sir, + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER V.--TO JOHN JAY, August 5, 1789 + +TO JOHN JAY. + +Paris, August 5, 1789. + +Sir, + +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. + +Yesterday, the other ministers were named. The Archbishop of Bordeaux +is _Garde des Sceaux_, Monsieur de la Tour du Pin, minister of war, +the Prince of Beauvou is taken into the Council, and the _feuille +des bénéfices_ 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 _Arrêté_ 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. + +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. + +I have the honor to be, with the most perfect respect and esteem, Sir, +your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER VI.--TO MR. CARMICHAEL, August 9, 1789 + + +TO MR. CARMICHAEL. + +Paris, August 9, 1789. + +Dear Sir, + +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. _Quære_, 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. + +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. _Quære_, 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 _posse comitates_, 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. + +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. + +I have the honor to be, with great respect and attachment, Dear Sir, +your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER VII.--TO JOHN JAY, August 12, 1789 + + +TO JOHN JAY. + +Paris, August 12, 1789. + +Sir, + +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. + +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. + +I have the honor to be, with the most perfect esteem and respect, Sir, +your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER VIII.--TO COLONEL GOUVION, August 15,1789 + + +TO COLONEL GOUVION. + +Paris, August 15,1789. + +Sir, + +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. + +I have the honor to be, with sentiments of the most perfect esteem and +attachment, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER IX.--TO JOHN JAY, August 27, 1789 + + +TO JOHN JAY. + +Paris, August 27, 1789. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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. ‘_Parde, assurément_,’ was his answer. + +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, + +Th: Jefferson. + + + + +LETTER X.--TO JAMES MADISON, August 28,1789 + + +TO JAMES MADISON. + +Paris, August 28,1789. + +Dear Sir, + +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. + +***** + +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 _pis aller_ 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. + +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, ‘_Hie niger est; hunc +tu, Romane, caveto_.’ 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. + +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 _ipso +facto_ 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. + +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. + +I am, with great and sincere esteem, Dear Sir, your affectionate friend +and servant, + +Th: Jefferson. + +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. + + + + +LETTER XI.--TO JAMES MADISON, September 6, 1789 + + +TO JAMES MADISON. + +Paris, September 6, 1789. + +Dear Sir, + +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. + +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 _the earth belongs in usufruct to the living_: 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _et ceteras_; 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 _bonâ fide_ purchasers of what the seller had no right to +convey. + +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. + +I am always, with great and sincere esteem, Dear Sir, your affectionate +friend and servant, + +Th: Jefferson. + + + + +LETTER XII.--TO DR. GEM + + +THOMAS JEFFERSON TO DR. GEM. + +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. + +Then, the contracts, constitutions, and laws of every such society +become void in nineteen years from their date. + + + + +LETTER XIII.--TO GENERAL KNOX, September 12,1789 + + +TO GENERAL KNOX. + +Paris, September 12,1789. + +Sir, + +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. + +I have the honor to be, with sentiments of the most perfect esteem and +respect, Sir, your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER XIV.--TO E. RUTLEDGE, September 18, 1789 + + +TO E. RUTLEDGE. + +Paris, September 18, 1789. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +Th: Jefferson. + + + + +LETTER XV.--TO JOHN JAY, September 19, 1789 + + +TO JOHN JAY. + +Paris, September 19, 1789. + +Sir, + +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. + +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: + + Years. Vessels. Tons. Men. + + 1788. 255 75,436 10,710 + + 1789. 178 51,473 7,476 + + Difference. 77 23,963 3,234 + +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. + +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. + +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. + +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. + +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. + +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 _caisse +d’escompte_ 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. + +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. + +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. + +I have the honor to be, with sentiments of the most perfect esteem and +respect, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XVI.--TO MR. NECKER, September 26,1789 + + +TO MR. NECKER. + +Paris, September 26,1789. + +Sir, + +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. + +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 _Arrêt_ which shut the ports +of France to their oils. + +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 +_gabelles_ 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, _chargé des affaires_ 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. + +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, + +Th: Jefferson. + + + + +LETTER XVII.--TO JOHN JAY, September 30, 1789 + + +TO JOHN JAY. + +Havre, September 30, 1789. + +Dear Sir, + +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. + +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. + +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 _gabelles_. 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. + +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 _muid_, 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, + +Th: Jefferson. + + +***** + + + + +LETTER XVIII.--TO THE PRESIDENT, December 15,1789 + + +TO THE PRESIDENT. + +Chesterfield, December 15,1789. + +Sir, + +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. + +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, + +Th: Jefferson. + + + + +LETTER XIX.--TO HENRY LAURENS, ESQUIRE, March 31, 1790 + + +TO HENRY LAURENS, ESQUIRE. + +New York, March 31, 1790. + +Sir, + +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. + +I have the honor to be, with the greatest respect, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XX.--TO MR. VANDERKEMP, March 31, 1799 + + +TO MR. VANDERKEMP. + +New York, March 31, 1799. + +Sir, + +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. + +I have the honor to be, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XXI.--TO GEORGE JOY, March 31, 1790 + + +TO GEORGE JOY. + +New York, March 31, 1790. + +Sir, + +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, + +Th: Jefferson. + + + + +LETTER XXII.--TO THE COUNT DE MONTMORIN, April 6, 1790 + + +TO THE COUNT DE MONTMORIN. + +New York, April 6, 1790. + +Sir, + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER XXIII.--TO THE COUNT DE MONTMORIN, April 6,1790 + +TO THE COUNT DE MONTMORIN. + +New York, April 6,1790. + +Sir, + +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 _chargé des affaires_ 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, + +Th: Jefferson. + + + + +LETTER XXIV.--TO WILLIAM SHORT, April 6, 1790 + + +TO WILLIAM SHORT. + +New York, April 6, 1790. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +You will receive, herewith, the newspapers and other interesting papers, +as usual. + +I have the honor to be, with the most perfect esteem, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + + +LETTER XXV.--TO THE COUNT DE FLORIDA BLANCA, April 11, 1790 + + +TO THE COUNT DE FLORIDA BLANCA. + +New York, April 11, 1790. + +Sir, + +The President of the United States having thought proper to name Mr. +William Carmichael their _chargé des affaires_, 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, + +Th: Jefferson. + + + + +LETTER XXVI.--TO WILLIAM CARMICHAEL, April 11, 1789 + + +TO WILLIAM CARMICHAEL. + +New York, April 11, 1789. + +Sir, + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with sentiments of the most perfect esteem, Sir, +your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XXVII.--TO MR. GRAND, April 23, 1790 + + +TO MR. GRAND. + +New York, April 23, 1790. + +Dear Sir, + +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. + +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, + +Th: Jefferson. + + + + +LETTER XXVIII.--TO THE MARQUIS DE LA LUZERNE, April 30,1790 + + +TO THE MARQUIS DE LA LUZERNE. + +New York, April 30,1790. + +Sir, + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER XXIX.--TO WILLIAM SHORT, April 30, 1790 + + +TO WILLIAM SHORT. + +New York, April 30, 1790. + +Dear Sir, + +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. + +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 _chargé des affaires_, 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 +_chargé des affaires_ 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. + +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. + +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. + +The public papers, which accompany this, will give you fully the news of +this quarter. + +I am with great and sincere esteem, Dear Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER XXX.--TO MR. DUMAS, June 23, 1790 + + +TO MR. DUMAS. + +New York, June 23, 1790. + +Dear Sir, + +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. + +***** + +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. + +I have the honor to be, with great esteem, Dear Sir, your most obedient +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXI.--TO MR. DUMAS, July 13,1790 + + +TO MR. DUMAS. + +New York, July 13,1790. + +Sir, + +I wrote you last on the 23rd of June, since which I have received yours +of March the 24th to the 30th. + +***** + +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. + +I have the honor to be, with great esteem, Dear Sir, your most obedient +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXII--TO WILLIAM SHORT, July 26, 1790 + + +TO WILLIAM SHORT. + +New York, July 26, 1790. + +Dear Sir, + +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. + +***** + +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. + +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 +_Chargé des Affaires_ 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. + +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. + +The following appointments of Consuls have taken place. + +***** + +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. + +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. + +The newspapers, as usual, will accompany the present, which is to go by +Mr. Barrett. + +I have the honor to be, with great esteem and attachment, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXIII.--TO WILLIAM CARMICHAEL, August 2, 1790 + + +TO WILLIAM CARMICHAEL. + +New York, August 2, 1790. + +Dear Sir, + +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. + +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. + +I have the honor to be, with great esteem, Dear Sir, your most obedient +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXIV.--TO M. DE PINTO, August 7, 1790 + + +TO M. DE PINTO. + +New York, August 7, 1790. + +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. + +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 _Chargé des +Affaires_ 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 _Chargé des Affaires_ 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. + +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, + +Th: Jefferson. + + + + +LETTER XXXV.--TO JOSHUA JOHNSON, August 7,1790 + + +TO JOSHUA JOHNSON. + +New York, August 7,1790. + +Sir, + +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. + +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. + +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. + +I have the honor to be, with great esteem, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER XXXVI.--TO WILLIAM SHORT, August 10,1790 + + +TO WILLIAM SHORT. + +New York, August 10,1790. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER XXXVII.--TO COLONEL DAVID HUMPHREYS, August 11, 1790 + + +TO COLONEL DAVID HUMPHREYS. + +New York, August 11, 1790. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Th: Jefferson. + + + + +LETTER XXXVIII.--TO GOUVERNEUR MORRIS, August 12, 1790 + + +TO GOUVERNEUR MORRIS. + +New York, August 12, 1790. + +Dear Sir, + +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. + +I have the honor to be, with great respect and esteem, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXIX.--TO GOVERNOR HANCOCK, August 24, 1790 + + +TO GOVERNOR HANCOCK. + +New York, August 24, 1790. + +Sir, + +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: + +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. + +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, + +Th: Jefferson. + + + + +LETTER XL.--TO SYLVANUS BOURNE, August 25, 1790 + + +TO SYLVANUS BOURNE, _Consul at Hispaniola_. + +New York, August 25, 1790. + +Sir, + +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. + +I am, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XLI.--CIRCULAR TO THE CONSULS, August 26, 1790 + + +_Circular to the Consuls and Vice-Consuls of the United States_. + +New York, August 26, 1790. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XLII.--TO WILLIAM SHORT, August 26, 1790 + + +TO WILLIAM SHORT. + +New York, August 26, 1790. + +Dear. Sir, + +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. + +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 _Aubaines in France_, and consequently shall be exempted from +the _Droit d’Aubaine_, or other similar duty, under what name soever,’ +has been construed so rigorously to the letter, as to consider us +as _Aubaines_ 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 _Droit d’Aubaine_ +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. + +Considering this question under the second article of the treaty also, +we are exempted from the _Droit d’Aubaine_ 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, ‘_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_.’ +This gave to the English the general abolition of the _Droit d’Aubaine_, +enjoyed by the Hollanders under the first article of their treaty with +France of July the 23rd, 1773, which is in these words. ‘_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._ 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 _Droit +d’Aubaine_, ‘_dans les Etats de S. M. T. C._ 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. + +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. + +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. + +The newspapers, as usual, will accompany the present. + +I have the honor to be, with great esteem and attachment, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XLIII.--TO M. LA FOREST, August 30, 1790 + + +TO M. LA FOREST, _Consul of France_, + +New York, August 30, 1790. + +Sir, + +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 +_taxes on their persons_, 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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER XLIV.--TO WILLIAM SHORT, August 31,1790 + + +TO WILLIAM SHORT. + +New York, August 31,1790. + +Dear Sir, + +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. + +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. + +I am, with sincere and great esteem, Dear Sir, your most obedient, +humble servant, + +Th: Jefferson. + + + + +LETTER XLV.--TO GOUVERNEUR MORRIS, December 17, 1790 + + +TO GOUVERNEUR MORRIS. + +Philadelphia, December 17, 1790. + +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. + +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. + +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. + +You will, of course, have the goodness to inform us of whatever may have +passed further, since the date of your last. + +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, + +Th: Jefferson. + + + + +LETTER XLVI.--TO JOSHUA JOHNSON, December 17, 1790 + +TO JOSHUA JOHNSON. + +Philadelphia, December 17, 1790. + +Sir, + +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. + +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. + +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. + +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. + +I have the honor to be, with great esteem, your most obedient, humble +servant, + +Th: Jefferson. + + + + +LETTER XLVII.--TO JOSHUA JOHNSON, December 23, 1790 + +TO JOSHUA JOHNSON. + +Philadelphia, December 23, 1790. + +Dear Sir, + +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, + +Th: Jefferson. + + + + +LETTER XLVIII.--TO CHARLES HELLSTEDT, February 14,1791 + +TO CHARLES HELLSTEDT, Swedish Consul. + +Philadelphia, February 14,1791. + +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. + +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. + +I have the honor to be, with great esteem, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER XLIX.--TO M. DE PINTO, February 21,1791 + + +TO M. DE PINTO. + +Philadelphia, February 21,1791. + +Sir, + +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 _chargé +des affaires_, 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, + +Th: Jefferson. + + + + +LETTER L.--TO WILLIAM SHORT, March 8,1791 + + +TO WILLIAM SHORT. + +Philadelphia, March 8,1791. + +Dear Sir, + +A conveyance offering by which we can send large packets, you will +receive herewith the following articles. + +1. The newspapers. + +2. The acts of the second session of Congress. + +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. + +4. A letter from the President to the King, of which an open copy is +enclosed for your information. + +5. A letter from myself to the Count de Moustier, in answer to his to +the President and myself, taking leave. + +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. + +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. + +8. A correction of the report on weights and measures. + +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, + +Th: Jefferson. + + + + +LETTER LI.--TO THE PRESIDENT OF THE NATIONAL ASSEMBLY, March 8, 1791 + + +TO THE PRESIDENT OF THE NATIONAL ASSEMBLY OF FRANCE. + +Philadelphia, March 8, 1791. + +Sir, + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER LII.--TO WILLIAM CARMICHAEL, March 12, 1791 + +TO WILLIAM CARMICHAEL. + +Philadelphia, March 12, 1791, + +Sir, + +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. + +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? + +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. + +I have the honor to be, with great esteem, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER LIII.--TO WILLIAM SHORT, March 12,1791 + + +TO WILLIAM SHORT. + +Philadelphia, March 12,1791. + +Dear Sir, + +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. + +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. + +I am, with sincere and great esteem, Dear Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER LIV.--TO WILLIAM SHORT, March 15, 1791 + + +TO WILLIAM SHORT. + +Philadelphia, March 15, 1791. + +Dear Sir, + +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. + +It gives great satisfaction, that the _Arrêt du Conseil_ 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 _Arrêt_ 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. + +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. + +I am, with great and sincere esteem, Dear Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + +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. + + + + +LETTER LV.--TO WILLIAM CARMICHAEL, March 17,1791 + +TO WILLIAM CARMICHAEL. + +Philadelphia, March 17,1791. + +Sir, + +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. + +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. + +I have the honor to be, with great esteem, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER LVI.--TO WILLIAM SHORT, March 19, 1791 + + +TO WILLIAM SHORT. + +Philadelphia, March 19, 1791. + +Dear Sir, + +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 _entrepôt_ 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. + +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. + +I am, with great esteem, Dear Sir, your most obedient humble servant, + +Th: Jefferson. + + + + +LETTER LVII.--TO MR. OTTO, March 29, 1791 + + +TO MR. OTTO. + +Philadelphia, March 29, 1791. + +Sir, + +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. + +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. + +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. + +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, _dans l’exemption ci-dessus est nommément compris_, &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. + +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. + +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.’ + +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. + +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, _nommément_, 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. + +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. + +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. + +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. + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER--FROM THE PRESIDENT, April 4, 1791 + + +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. + +April 8, 1791. + + +[The annexed is the letter referred to.] + + +Mount Vernon, April 4, 1791. Gentlemen, + +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, + +On the 8th of April, at Fredericksburg, + +“11th” Richmond, + +“14th” Petersburg, + +“16th” Halifax, + +“18th” Tarborough, + +“20th” Newbern, ‘ + +“24th” Wilmington, + +“29th” Georgetown, South Carolina, + +On the 2nd of May, at Charleston, halting five days, + +“11th” Savannah, halting two days. + +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. + +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. + +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. + +I am, Gentlemen, your most obedient servant, + +G. Washington. + + +Thomas Jefferson, Alexander Hamilton, and Henry Knox, Esquires, +Secretaries of the United States for the departments of State, Treasury, +and War. + + + + +LETTER LVIII.--TO COLONEL HUMPHREYS, April 11, 1791 + + +TO COLONEL HUMPHREYS. + +Philadelphia, April 11, 1791. + +Dear Sir, + +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. + +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. + +I have the honor to be, with great and sincere esteem, Dear Sir, your +most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER LIX.--TO WILLIAM CARMICHAEL, April 11,1791 + + +TO WILLIAM CARMICHAEL. + +Philadelphia, April 11,1791. + +Sir, + +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. + +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. + +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. + +I have the honor to be, with great esteem, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER LX.--TO WILLIAM SHORT, April 25, 1791 + + +TO WILLIAM SHORT. + +Philadelphia, April 25, 1791. + +Dear Sir, + +My late letters to you have been of the 8th, 12th, 15th, and + +19th of March; yours received and acknowledged, are as follows, + +****** + +I consider the consular convention as securing clearly our right to +appoint Consuls in the French colonies. The words ‘_Etats du roi_’ +unquestionably extend to all his dominions. If they had been merely +synonymous with ‘_la France_,’ 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 _Exequatur_. 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. + +My letter of August, 1790, to Mr. Carmichael, was delivered to him by +Colonel Humphreys. + +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. + +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. + +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. + +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. + +I am, with great and sincere esteem, Dear Sir, your affectionate friend +and humble servant, + +Th: Jefferson. + + + + +LETTER LXI.--TO MR. OTTO, May 7, 1791 + + +TO MR. OTTO. + +Philadelphia, May 7, 1791. + +Sir, + +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. + +I have the honor to be, with sentiments of the most perfect esteem and +respect, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER LXII.--TO THE ATTORNEY OF THE DISTRICT OF KENTUCKY, May 7,1791 + + +TO THE ATTORNEY OF THE DISTRICT OF KENTUCKY. + +Philadelphia, May 7,1791. + +Sir, + +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. + +I have the honor to be, with great esteem, Sir, your most obedient, +humble servant, + +Th: Jefferson. + + + + +LETTER LXIII.--TO THOMAS BARCLAY, May 13,1791 + + +TO THOMAS BARCLAY. + +Philadelphia, May 13,1791. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +With your commission, you will receive a letter to the Emperor of +Morocco, a cipher, and a letter to Colonel Humphreys. + +I have the honor to be, with great esteem, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + +_A private Instruction which Mr. Barclay is to carry in his memory and +not on paper, lest it should come into improper hands_. + +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. + +May 13, 1791. + + +[Letter from the President to the Emperor of Morocco, referred to in the +letter to Mr Barclay.] + +Great and Magnanimous Friend, + +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. + +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. + +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. + +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. + +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. + +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. + +By the President. + +Th: Jefferson. + + + + +LETTER LXIV.--TO FULWAR SKIPWITH, May 13,1791 + + +TO FULWAR SKIPWITH. + +Philadelphia, May 13,1791. + +Sir, + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER LXV.--TO WILLIAM CARMICHAEL, May 16, 1791 + + +TO WILLIAM CARMICHAEL. + +Philadelphia, May 16, 1791. + +Sir, + +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. + +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. + +I have the honor to be, with great esteem and respect, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER LXVI.--TO COLONEL HUMPHREYS, July 13,1791 + +TO COLONEL HUMPHREYS. + +Philadelphia, July 13,1791. + +Sir, + +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. + +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. + +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. + +The President has returned from his southern tour in good health. You +will receive herewith the newspapers up to the present date. + +I have the honor to be, with great esteem Dear Sir, your most obedient +and most humble servant, + +Th; Jefferson. + + + + +LETTER LXVII.--TO M. VAN BERKEL, July 14,1791 + + +TO M. VAN BERKEL. + +Philadelphia, July 14,1791. + +Sir, + +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, + +Th: Jefferson. + + + + +LETTER LXVIII.--TO GOUVERNEUR MORRIS, July 26,1791 + + +TO GOUVERNEUR MORRIS. + +Philadelphia, July 26,1791. + +Dear Sir, + +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. + +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. + +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. + +I am, with very great esteem, Dear Sir, your most obedient and most +humble servant, + +Th: Jefferson. + + + + +LETTER LXIX.--TO WILLIAM SHORT, July 28,1791 + + +TO WILLIAM SHORT. + +Philadelphia, July 28,1791. + +Dear Sir, + +Since my last I have received letters from you as follows: + +***** + +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. + +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. + +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.* + + [* This paragraph was in cipher, but an explication of it + preserved with the copy.] + +The element of measure adopted by the National Assembly excludes, _ipso +facto_, 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. + +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. + +I will observe for your information, that the sustenance of our captives +at Algiers is committed to Colonel Humphreys. + +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. + +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. + +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. + +I am, with great and sincere esteem, Dear Sir, your sincere friend and +servant, + +Th: Jefferson. + + + + +LETTER LXX.--TO THE PRESIDENT, July 30,1791 + +TO THE PRESIDENT. + +Philadelphia, July 30,1791. + +Sir, I have the honor to enclose, for your perusal, a letter which I +have prepared for Mr. Short. + +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. + +I have the honor to be, with the most perfect respect and attachment, +Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXI.--TO GENERAL KNOX, August 10, 1791 + + +TO GENERAL KNOX. + +Philadelphia, August 10, 1791. + +Dear Sir, + +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. + +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. + +I have the honor to be, with sentiments of the most sincere and +respectful esteem, Dear Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXII.--TO THE MINISTER OF FRANCE, August 12, 1791 + + +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. + +As the Secretary of State will be with the President before that hour on +business, the Minister will find him there. + +August 12,1791. + + + + +LETTER LXXIII.--TO SYLVANUS BOURNE, August 14,1791 + + +TO SYLVANUS BOURNE. + +Philadelphia, August 14,1791. + +Sir, + +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. + +Though we have not received an authenticated copy of the decree of the +National Assembly of France, extending the repeal of the law of _Droit +d’Aubaine_, 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. + +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. + +I have the honor to be, with great regard, Sir, your most obedient, +humble servant, + +Th: Jefferson. + + + + +LETTER LXXIV.--TO WILLIAM SHORT, August 29, 1791 + + +TO WILLIAM SHORT. + +Philadelphia, August 29, 1791. + +Dear Sir, + +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. + +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. + +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. + +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. + +We have, as yet, no news of the event of our second expedition against +the Indians. + +I am, with great and sincere esteem, Dear Sir, your friend and servant, + +Th: Jefferson. + + + + +LETTER LXXV.--TO M. LA MOTTE, August 30, 1791 + + +TO M. LA MOTTE. + +Philadelphia, August 30, 1791. + +Sir, + +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. + +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. + +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. + +I have the honor to be, with great esteem, Sir, your most obedient +humble servant, + +Th: Jefferson. + + + + +LETTER LXXVI.--TO GOUVERNEUR MORRIS, August 30, 1791 + + +TO GOUVERNEUR MORRIS. + +Philadelphia, August 30, 1791. + +Dear Sir, + +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. + +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. + +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. + +Adieu, my dear Sir. Your affectionate, humble servant, + +Th: Jefferson. + + + + +LETTER LXXVII.--TO MONSIEUR DE TERNANT, September 1, 1791 + + +TO MONSIEUR DE TERNANT, _Minister Plenipotentiary of France_. + +Philadelphia, September 1, 1791. + +Sir, + +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 _assignats_ 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. + +I have the honor to be, with sentiments of the most perfect esteem and +respect, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXVIII.--TO T. NEWTON, September 8, 1791 + + +TO T. NEWTON. + +Georgetown, September 8, 1791. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with great esteem, your most obedient, humble +servant, + +Th: Jefferson. + + + + +LETTER LXXIX.--TO MR. HAMMOND, October 26,1791 + +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. + +October 26,1791. + + + + +LETTER LXXX.--TO WILLIAM CARMICHAEL, November 6, 1791 + + +TO WILLIAM CARMICHAEL. + +Philadelphia, November 6, 1791. + +Sir, + +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. + +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. + +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. + +I have the honor to be, with great esteem, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER LXXXI.--TO THE PRESIDENT, November 6, 1791 + +TO THE PRESIDENT. + +November 6, 1791. + +Sir, + +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. + +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? + +I have the honor to be, with the most sincere respect, Sir, your most +obedient, humble servant, + +Th: Jefferson + + + + +LETTER LXXXII.--TO MAJOR THOMAS PINCKNEY, November 6, 1791 + + +TO MAJOR THOMAS PINCKNEY. + +Philadelphia, November 6, 1791. + +Sir, + +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. + +I have the honor to be, with sentiments of the highest respect and +esteem, Sir, your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER LXXXIII.--TO THE PRESIDENT, November 7, 1791 + + +TO THE PRESIDENT. + +Philadelphia, November 7, 1791. + +Sir, + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with the most profound respect and attachment, +Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXXIV.--TO WILLIAM SHORT, November 24, 1791 + + +TO WILLIAM SHORT. + +Philadelphia, November 24, 1791. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +I am, with great and sincere esteem, Dear Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER LXXXV.--TO THE ATTORNEY GENERAL, December 5,1791 + + +TO THE ATTORNEY GENERAL. + +Philadelphia, December 5,1791. + +Dear Sir, + +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. + +I am, with great and sincere esteem, Dear Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + +[_The Memorial of the British minister_.] + +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. + +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. + +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.’ + +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. + +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. + +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. + +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. + +George Hammond, + +Philadelphia, November 26,1791. + + + + +LETTER LXXXVI.--TO MR. HAMMOND, December 5, 1791 + + +TO MR. HAMMOND, _Minister Plenipotentiary of Great Britain_, + +Philadelphia, December 5, 1791. + +Sir, + +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. + +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. + +1 have the honor to be, with the most perfect esteem, Sir, your most +obedient and most humble servant, + +Th: Jefferson, + + + + +LETTER LXXXVII.--TO MR. HAMMOND, December 12, 1791 + +TO MR. HAMMOND. + +Philadelphia, December 12, 1791. + +Sir, + +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. + +I have the honor to be, with great and sincere esteem, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXXVIII.--TO MR. HAMMOND, December 13, 1791 + +TO MR. HAMMOND. + +Philadelphia, December 13, 1791. + +Sir, + +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. + +I have the honor to be, with sentiments of the most perfect esteem and +respect. Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXXIX.--TO THE PRESIDENT, December 23, 1791 + + +TO THE PRESIDENT. + +Philadelphia, December 23, 1791. + +Sir, + +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. + +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. + +I have the honor to be, with the most perfect respect and attachment, +Sir, your most obedient and most humble servant, + +Th: Jefferson. + + +_Footing of the Commerce of the United States with France and England, +and with the French and English American Colonies._ + +[Illustration: page143] + +[Illustration: page144] + + + + +LETTER XC.--TO THE PRESIDENT, January 4, 1792 + + +TO THE PRESIDENT. + +Philadelphia, January 4, 1792, + +Sir, + +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 _Arrêt_ of 1789, permitting a free importation of our +flour till 1793, was still in force. He answered, that that _Arrêt_ 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 _Arrêts_, 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 _Arrêt_ till 1793, it should be rested on temporary +_Arrêts_ 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. + +I have the honor to be, with the most perfect respect and attachment, +Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XCI.--TO THOMAS PINCKNEY, January 17, 1792 + + +TO THOMAS PINCKNEY. + +Philadelphia, January 17, 1792. + +Sir, + +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. + +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. + +I have the honor to be, with the most perfect esteem and respect, Sir, +your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XCII.--TO WILLINKS, VAN STAPHORSTS, AND HUBARD, Jan. 23,1792 + + +TO MESSRS. WILLINKS, VAN STAPHORSTS, AND HUBARD. + +Philadelphia, January 23,1792. + +Gentlemen, + +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. + +***** + +I am, with great esteem, Gentlemen, your most obedient servant, + +Th: Jefferson. + + + + +LETTER XCIII.--TO WILLIAM SHORT, January 23, 1792 + + +TO WILLIAM SHORT. + +Philadelphia, January 23, 1792. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with sincere respect and esteem, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XCIV.--TO GOUVERNEUR MORRIS, January 23, 1792 + + +TO GOUVERNEUR MORRIS. + +Philadelphia, January 23, 1792. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +Mr. Short will receive by the same conveyance, his appointment as +Minister Resident at the Hague. + +I have the honor to be, with great esteem and respect, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XCV.--TO MR. HAMMOND, February 2, 1792 + + +TO MR. HAMMOND. + +Philadelphia, February 2, 1792. + +Sir, + +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. + +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. + +I have the honor to be, with great respect and esteem, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XCVI.--TO MR. HAMMOND, February 25, 1792 + + +TO MR. HAMMOND. + +Philadelphia, February 25, 1792. + +Sir, + +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. + +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. + +I have the honor to be, with the highest esteem, your most obedient and +most humble servant. + +Th: Jefferson. + + + + +LETTER XCVII.--TO MESSRS. JOHNSON, CARROL, AND STEWART, March 6, 1792 + + +TO MESSRS. JOHNSON, CARROL, AND STEWART. + +Philadelphia, March 6, 1792, + +Gentlemen, + +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. + +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. + +The cellars of both houses. + +The foundation of one, or both. + +Bridge over Rock Creek, and the post-road brought over it. + +Canal. + +Wharves. + +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. + +I have the honor to be, with the most perfect esteem and respect, +Gentlemen, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XCVIII.--TO GOUVERNEUR MORRIS, + + +TO GOUVERNEUR MORRIS. + +Philadelphia, March 10, 1792. + +Dear Sir, + +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 _in statu quo_, 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. + +I am, with great respect and esteem, Dear Sir, your most obedient and +most humble servant, + +Th: Jefferson. + +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. + + + + +LETTER XCIX.--TO MESSRS. CARMICHAEL AND SHORT, March 18, 1792 + + +TO MESSRS. CARMICHAEL AND SHORT. + +Philadelphia, March 18, 1792. + +Gentlemen, + +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. + +I have the honor to be, with great and sincere esteem, Gentlemen, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER C.--TO COLONEL PICKERING, March 28, 1792 + + +TO COLONEL PICKERING. + +Philadelphia, March 28, 1792. + +Sir, + +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. + +I am with great esteem, Sir, your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CI.--TO MR. HAMMOND, March 31, 1792 + + +TO MR. HAMMOND. + +Philadelphia, March 31, 1792. + +Sir, + +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. + +I have the honor to be, with sentiments of the most perfect esteem and +respect, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CII.--TO GOVERNOR PINCKNEY, April 1, 1792 + + +TO GOVERNOR PINCKNEY. + +Philadelphia, April 1, 1792. + +Sir, + +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, + +Th: Jefferson. + + + + +LETTER CIII.--TO COLONEL HUMPHREYS, April 9, 1792 + + +TO COLONEL HUMPHREYS. + +Philadelphia, April 9, 1792. + +Dear Sir, + +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. + +I am with great and sincere respect and esteem, Dear Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CIV.--TO MR. HAMMOND, April 12, 1792 + + +TO MR. HAMMOND. + +Philadelphia, April 12, 1792. + +Sir, + +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. + +I have the honor to be, with sentiments of the most perfect esteem and +respect, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CV.--TO MR. HAMMOND, April 13,1792 + + +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. + +April 13,1792. + + + + +LETTER CVI.--TO THE PRESIDENT, April 13, 1792 + + +TO THE PRESIDENT. + +Philadelphia, April 13, 1792, + +Sir, + +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. + +I have the honor to be, with sentiments of the most profound respect and +attachment, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CVII.--TO MESSRS. CARMICHAEL AND SHORT, April 24, 1792 + + +TO MESSRS. CARMICHAEL AND SHORT. + +Philadelphia, April 24, 1792. + +Gentlemen, + +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. + +I have the honor to be, with great respect, Gentlemen, your most +obedient and most humble servant, + +Th: Jefferson. + + [The annexed are the papers referred to in the preceding.] + + +_Project of a Convention with the Spanish Provinces_. + +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. + +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, +_mutatis mutandis_, and govern themselves by the same principles and +rules of law, as in cases of murder committed on the high seas. + +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 --------- + +Evidence on oath, though written and _ex parte_, 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. + +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. + +This convention shall continue in force --------- years, from the +exchange of ratifications, and shall not extend to any thing happening +previous to such exchange. + + + +_Heads of consideration on the establishment of conventions between the +United States and their neighbors, for the mutual delivery of fugitives +from justice._ + +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. + +The punishment of _piracy_, being provided for by our laws, need not be +so by convention. + +_Murder_. 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. + +_Incendiaries_, or those guilty of _arson_. 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? + +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. + +Answer. These cases are few. Laws are to be made for the mass of cases. + +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? + +1. _Treason_. 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. + +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. + +2. Crimes against _property_; the punishment in most countries, +immensely disproportionate to the crime. + +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. + +There is one crime, however, against property, pressed by its +consequences into more particular notice, to wit; + +_Forgery_, 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. + +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, + +3. _Flight from debts_. + +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. + +_Murder_, not amounting to treason, being the only case in which the +fugitive is to be delivered; + +On what _evidence_, and by _whom_, 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. + +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. + +In the British provinces adjoining us, the same proceedings will do. + +In the Spanish provinces, a proceeding adapted to the course of their +laws should be agreed on. + +March 22, 1792. + + + + +LETTER CVIII.--TO GOUVERNEUR MORRIS, April 28,1792 + +TO GOUVERNEUR MORRIS. + +Philadelphia, April 28,1792; + +Dear Sir, + +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. + +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. + +I am with great and sincere esteem, Dear Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER CIX.--CIRCULAR TO THE AMERICAN CONSULS, May 31, 1792 + + +CIRCULAR TO THE AMERICAN CONSULS. + +Philadelphia, May 31, 1792. + +Sir, + +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. + +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 _Chargé des +Affaires_ 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 _Chargé_ 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 _Chargé_ 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. + +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. + +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. + +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. + +I am, with great esteem, Sir, your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CX.--TO JOHN PAUL JONES, June 1, 1792 + + +TO JOHN PAUL JONES. + +Philadelphia, June 1, 1792. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +I am, with great esteem, Sir, your most obedient and most humble +servant, + +Th: Jefferson. + + + + +LETTER CXI.--TO MR. PINCKNEY, June 11, 1792 + + +TO MR. PINCKNEY. + +Philadelphia, June 11, 1792. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with great and sincere esteem, Dear sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXII.--TO THOMAS PINCKNEY, June 11, 1792 + + +TO THOMAS PINCKNEY. + +Philadelphia, June 11, 1792. + +Sir, + +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. + +I have the honor to be, with great and sincere esteem, Sir, your most +obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CXIII.--TO MR. PINCKNEY, June 14, 1792 + + +TO MR. PINCKNEY. + +Philadelphia, June 14, 1792. + +Sir, + +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. + +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. + +I have the honor to be, with great respect and much esteem, Dear Sir, +your most obedient and most humble servant, + +Th: Jefferson. + +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. + + + + +LETTER CXIV.--TO GOUVERNEUR MORRIS, June 16, 1792 + + +TO GOUVERNEUR MORRIS. + +Philadelphia, June 16, 1792. + +Dear Sir, + +My last to you was of March the 28th. Yours of April the 6th and 10th +came to hand three days ago. + +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’ _Arrêt_, 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. + +I am with great sincere esteem Dear Sir, your most obedient and most +humble servant, + +Th: Jefferson. + + +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. + + + + +LETTER CXV.--TO MR. VAN BERCKEL, July 2,1792 + + +TO MR. VAN BERCKEL. + +Philadelphia, July 2,1792. + +Sir, + +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. + +I have the honor to be, with sentiments of respect, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXVI.--TO MR. PALESKE, August 19,1792 + + +TO MR. PALESKE. + +Monticello, August 19,1792. + +Sir, + +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. + +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. + +I have the honor to be, with great respect, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER CXVII.--TO THE PRESIDENT, August 19, 1792 + + +TO THE PRESIDENT. + +Monticello, August 19, 1792. + +Sir, + +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. + +I have the honor to be, with sentiments of the most perfect respect and +attachment, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXVIII.--TO M. DE TERNANT, September 27,1792 + + +TO M. DE TERNANT. + +Philadelphia, September 27,1792. + +Sir, + +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. + +I have the honor to be, with sentiments of the most perfect esteem and +respect, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXIX.--TO MR. PINCKNEY, October 12,1792 + + +TO MR. PINCKNEY. + +Philadelphia, October 12,1792. + +Dear Sir, + +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. + +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. + +I have the honor to be, with great and sincere esteem, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXX.--TO MESSRS. CARMICHAEL AND SHORT, October 14,1792 + + +TO MESSRS. CARMICHAEL AND SHORT. + +Philadelphia, October 14,1792. + +Gentlemen, + +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. + +I have the honor to be, with great and sincere esteem, Gentlemen, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXI.--TO GOUVERNEUR MORRIS, October 15, 1792 + +TO GOUVERNEUR MORRIS. + +Philadelphia, October 15, 1792. + +Sir, + +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. + +***** + +I have the honor to be, with great respect and esteem, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXII.--TO M. DE TERNANT, October 16,1792 + + +TO M. DE TERNANT. + +Philadelphia, October 16,1792. + +Sir, + +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. + +Th: Jefferson. + + + + +LETTER CXXIII.--TO MESSRS. VIAR AND JAUDENES, November 1, 1792 + + +TO MESSRS. VIAR AND JAUDENES, _Commissioners of Spain_ + +Philadelphia, November 1, 1792. + +Gentlemen, + +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. + +I have the honor to be, with sentiments of great esteem and respect, +Gentlemen, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXIV.--TO THE PRESIDENT, November 2,1792 + + +TO THE PRESIDENT. + +Philadelphia, November 2,1792. + +Sir, + +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. + +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. + +I have the honor to be, with the most perfect respect and attachment, +Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXV.--TO MESSRS. CARMICHAEL AND SHORT, November 3, 1792 + + +TO MESSRS. CARMICHAEL AND SHORT. + +Philadelphia, November 3, 1792. + +Gentlemen, + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with sentiments of perfect esteem and respect, +Gentlemen, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXVI.--TO GOUVERNEUR MORRIS, November 7, 1792 + + +TO GOUVERNEUR MORRIS. + +Philadelphia, November 7, 1792. + +Dear Sir, + +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. + +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 _de +facto_; 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. + +I am, with great and sincere esteem, Dear Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER CXXVII.--TO M. DE TERNANT, November 20, 1792 + + +TO M. DE TERNANT. + +Philadelphia, November 20, 1792. + +Sir, + +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. + +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 _fide bonâ_ 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. + +I have the the honor to be, with sentiments of the most perfect esteem +and respect, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXVIII.--TO MR. RUTHERFORD, December 25, 1792 + + +TO MR. RUTHERFORD. + +Philadelphia, December 25, 1792. + +Sir, + +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. + +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. + +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. + +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. + +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. + +4th. For the same reason I propose to omit the words ‘or shall be ten +chains in length and one in breadth.’ + +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. + +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. + +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. + +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. + +I have the honor to be, with perfect respect, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER CXXIX.--TO THE SPEAKER OF THE HOUSE, January 2, 1793 + + +TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. + +Philadelphia, January 2, 1793. + +Sir, + +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: + +Dollars. George Taylor, jr. (of New York), chief clerk, his salary fixed +by law,................................................. 800 + +Jacob Blackwell (of New York), clerk,......................... 500 + +George Pfeiffer (of Pennsylvania), clerk,..................... 500 + +Philip Freneau (of New York), clerk for foreign languages,.... 250 + +Sampson Crosby (of Massachusetts), messenger and +office-keeper,................................................ 250 + + +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. + +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. + +I have the honor to be, with the most perfect respect, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXX.--CIRCULAR TO THE MINISTERS, February 13, 1793 + + +_Circular to the Ministers of France, the United Netherlands Great +Britain, &c._ + +Philadelphia, February 13, 1793. + +Sir, + +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. + +I am, with great and sincere esteem, Sir, your most obedient and most +humble servant, + +Th: Jefferson. + +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. + +_France_ receives favorably our bread-stuff, rice, wood, pot and pearl +ashes. + +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. + +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. + +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. + +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. + +They and their colonies consume what they receive from us. + +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. + +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. + +***** + +_The United Netherlands_ prohibit our pickled beef and pork, meals and +bread of all sorts, and lay a prohibitory duty on spirits distilled from +grain. + +All other of our productions are received on varied duties, which may be +reckoned, on a medium, at about three per cent. + +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. + +Foreign goods, except some East India articles, are received in the +vessels of any nation. + +Our ships may be sold and naturalized there, with exceptions of one or +two privileges, which scarcely lessen their value. + +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. + +***** + +_Great Britain_ 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. + +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. + +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. + +Our ships, though purchased and navigated by their own subjects, are not +permitted to be used, even in their trade with us. + +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. + +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. + +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. + +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. + +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. + +***** + +Of our commercial objects, _Spain_ 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. + +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. + +Themselves and their colonies are the actual consumers of what they +receive from us. + +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. + +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. + + + + +LETTER CXXXI.--TO MR. HAMMOND, February 16, 1793 + + +TO MR. HAMMOND. + +Philadelphia, February 16, 1793. + +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? + +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. + +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, + +Th: Jefferson. + + + + +LETTER CXXXII.--TO M. DE TERNANT, February 17, 1793 + + +TO M. DE TERNANT. + +Philadelphia, February 17, 1793. + +Sir, + +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. + +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, + +Th: Jefferson. + + + + +LETTER CXXXIII.--TO M. DE TERNANT, February 20, 1793 + + +TO M. DE TERNANT. + +Philadelphia, February 20, 1793. + +Sir, + +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. + +I am, with sincere esteem and respect, Sir, your most obedient and most +humble servant, + +Th: Jefferson. + + + + +LETTER CXXXIV.--TO THE SPEAKER OF THE HOUSE, February 20, 1793 + + +TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. + +Philadelphia, February 20, 1793. + +Sir, + +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. + +I have the honor to be, with sentiments of the most perfect esteem and +respect, Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXXV.--TO GOUVERNEUR MORRIS, March 12,1793 + + +TO GOUVERNEUR MORRIS. + +Philadelphia, March 12,1793. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with great esteem and respect, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXXVI.--TO GOUVERNEUR MORRIS, March 15, 1793 + +TO GOUVERNEUR MORRIS. + +Philadelphia, March 15, 1793. + +Dear Sir, + +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. + +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. + +I am, with great and sincere esteem, Dear Sir, your most obedient and +most humble servant, + +Th: Jefferson + + + + +LETTER CXXXVII.--TO MR. PINCKNEY, March 16, 1793 + + +TO MR. PINCKNEY. + +Philadelphia, March 16, 1793. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Mr. Barclay’s death is just made known to us, and measures are taking in +consequence of it. + +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. + +I am, with much respect, Dear Sir, your most obedient and most humble +servant, + +Th: Jefferson. + + + + +LETTER CXXXVIII.--TO COLONEL HUMPHREYS, March 21, 1793 + + +TO COLONEL HUMPHREYS. + +Philadelphia, March 21, 1793. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with much respect, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER CXXXIX.--TO COLONEL HUMPHREYS, March 22, 1793 + + +TO COLONEL HUMPHREYS. + +Philadelphia, March 22, 1793. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +I am, with great and sincere esteem and respect, Dear Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXL.*--TO MESSRS. CARMICHAEL AND SHORT, March 23, 1793 + + +TO MESSRS. CARMICHAEL AND SHORT. + +Philadelphia, March 23, 1793. + +Gentlemen, + +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. + +I am, with great respect and esteem, your most obedient, humble servant, + +Th: Jefferson. + + +** The above meets the approbation of George Washington. + + [* This letter was in cipher, but a literal copy of it + preserved.] + + [** This is in the hand-writing of General Washington.] + + + + +LETTER CXLI.--TO MR. HAMMOND, April 18, 1793 + + +TO MR. HAMMOND. + +Philadelphia, April 18, 1793. + +Sir, + +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, _bonâ fide_, +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. + +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. + +I have the honor to be, with due respect, Sir, your most humble servant, + +Th: Jefferson. + + [The letter of the Attorney General, referred to in the + preceding.] + +TO THE SECRETARY OF STATE. + +Philadelphia, April 12, 1793. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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 _re minime dubid_, 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. + +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, + +Edmond Randolph. + + + + +LETTER CXLII.--TO MR. PINCKNEY, April 20, 1793 + + +TO MR. PINCKNEY. + +Philadelphia, April 20, 1793. + +Dear Sir, + +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. + +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. + +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. + +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. + +I have the honor to be, with great and sincere esteem, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXLIII.--CIRCULAR TO MORRIS, PINCKNEY, AND SHORT, April 26,1793 + + +CIRCULAR TO MESSRS. MORRIS, PINCKNEY, AND SHORT. + +Philadelphia, April 26,1793. + +Sir, + +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. + +I have the honor to be, with great esteem and respect. Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXLIV.--TO M. DE TERNANT, April 27,1793 + + +TO M. DE TERNANT. + +Philadelphia, April 27,1793. + +Sir, + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with sentiments of great respect and esteem, +Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXLV.--TO M. DE TERNANT, May 3,1793 + + +TO M. DE TERNANT. + +Philadelphia, May 3,1793. + +Sir, + +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. + +I have the honor to be, with great respect, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER CXLVI.--TO MR. PINCKNEY, May 7, 1793 + + +TO MR. PINCKNEY. + +Philadelphia, May 7, 1793. + +Dear Sir, + +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. + +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. + +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. + +I have the honor to be, with great and sincere esteem, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson, + + + + +LETTER CXLVII.--TO MR. HAMMOND, May 15, 1793 + + +TO MR. HAMMOND. + +Philadelphia, May 15, 1793. + +Sir, + +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. + +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. + +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. + +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.’ + +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. + +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. + +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. + +I have the honor to be, with sentiments of respect, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXLVIII.*--TO M. DE TERNANT, May 15, 1793 + + +TO M. DE TERNANT. + +Philadelphia, May 15, 1793. + +Sir, + +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. + +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. + +***** + +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. + +***** + +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. + +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. + +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. + +I have the honor to be, with sentiments of great respect, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + +[* The parts of this letter which are mere repetitions of what is +contained in the preceding, to the British Minister, are omitted.] + + + + +LETTER CXLIX.--TO THE GOVERNOR OF VIRGINIA, May 21,1793 + + +TO THE GOVERNOR OF VIRGINIA. + +Philadelphia, May 21,1793. + +Sir, + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER CL.--TO MR. VAN BERCKEL, May 29,1793 + +TO MR. VAN BERCKEL. + +Philadelphia, May 29,1793. + +Sir, + +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. + +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. + +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. + +I have the honor to be, with great respect and esteem, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CLI.--TO MESSRS. CARMICHAEL AND SHORT, May 31, 1793 + + +TO MESSRS. CARMICHAEL AND SHORT. + +Philadelphia, May 31, 1793. + +Gentlemen, + +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. + +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. + +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. + +I have the honor to be, with great esteem and respect, Gentlemen, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CLII.--TO MR. GENET, June 5,1793 + + +TO MR. GENET, _Minister Plenipotentiary of France_. + +Philadelphia, June 5,1793. + +Sir, + +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. + +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. + +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. + +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. + +I have the honor to be, with sentiments of perfect esteem and respect, +Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CLIII.--TO MR. HAMMOND, June 5, 1793 + + +TO MR. HAMMOND. + +Philadelphia, June 5, 1793. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with sentiments of respect, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CLIV.--TO GOUVERNEUR MORRIS, June 13, 1793 + + +TO GOUVERNEUR MORRIS. + +Philadelphia, June 13, 1793, + +Dear Sir, + +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. + +I have the honor to be, with great and sincere esteem, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + +[The letter of the Secretary of the Treasury, and other papers, relative +to the lost million alluded to in the letter to Mr. Morris.] + + + + +LETTERS--RE THE LOST MILLION, June 10, 1793 + + +Treasury Department, June 10, 1793. Sir, + +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. + +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. + +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: + +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. + +In the account of Mr. Ferdinand Grand, banker of the United States, the +following sums are credited, viz. + + 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. + +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. + +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. + +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. + +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.’ + +And as explanatory of the transaction, he has sent me the documents +herewith transmitted. + +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. + +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. + +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. + +Alexander Hamilton. + + +_Letter from Mr. Grand to ------ ------_ + +Paris, September 9, 1786. + +Dear Sir, + +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.: + +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. + +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, + +Grand. + + +_Letter from Mr. Durival to Mr. Grand_. + +Versailles, August 30, 1786. + +Sir, + +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: + +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. + +I have the honor to be, with great respect, Sir, your most obedient and +most humble servant, + +DU RIVAL. + + +_Postscript from Mr. Grand_. + +Paris, September 12, 1786. + +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, + +Grand. + + +_Letter from Mr. Durival to Mr. Grand_. + +Versailles, September 5, 1786. + +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. + +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. + +I have the honor to be, with perfect attachment, Sir, your most +obedient, humble servant, + +Durival. + + +_Letter from Mr. Durival to Mr. Grand_. + +Versailles, September 10, 1786. + +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. + +I have the honor to be, with perfect attachment, Sir, your most obedient +and most humble servant, + +Durival. + + +_Extract of a letter from Benjamin Franklin to Mr. Grand, banker at +Paris, dated Philadelphia, July the 11th, 1786_. + +‘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 _don gratuit_, 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.’ + + +_Letter from Dr. Franklin to Charles Thomson_. + +Philadelphia, January 25, 1787. + +Dear Friend, + +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 _chef du bureau des fonds_ (and +has under his care _la finance des affaires étrangerès_). 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 _mystère +du cabinet_, 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. + +Pray tell me, has he dropped his demands, or does he still continue to +worry you with them? + +I should like to have these original letters returned to me, but you +may, if you please, keep copies of them. + +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. + +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. + +I am ever, my Dear Friend, yours most affectionately, + +Benjamin Franklin. + + + + +LETTER CLV.--TO GOUVERNEUR MORRIS, June 13, 1793 + +TO GOUVERNEUR MORRIS. + +Philadelphia, June 13, 1793. + +Dear Sir, + +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. + +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. + +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 _bonâ fide_ owned by American citizens _wholly_, +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 _bonâ fide_ 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. + +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. + +We shall endeavor to get your newspapers under the care of Major Read, +the bearer of this letter. + +I have the honor to be, with great respect and esteem, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CLVI.--TO MR. PINCKNEY, June 14, 1793 + + +TO MR. PINCKNEY. + +Philadelphia, June 14, 1793. + +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. + +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. + +I have the honor to be, with great and sincere esteem, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CLVII.--TO MR. GENET, June 17, X + + +TO MR. GENET. + +Philadelphia, June 17, 1793. + +Sir, + +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. + +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 ‘_Un vaisseau arme, en guerre, et pret a mettre a la +voile_;’ and describes her object in these expressions; ‘_Cet usage +étrange de la force publique contre les citoyens d’une nation amie qui +se réunissent ici pour aller defendre leur frères_,’ &c. and again; ‘_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_.’ 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. + +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. + +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. + +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. + +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. ‘_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_. + +‘_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_,’ &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, ‘_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_.’ +And Vattel, before cited, L. 3, 8, 15. ‘_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_.’ &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. + +I have the honor to be, with sentiments of great respect, and esteem, +Sir, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CLVIII.--TO MR. HAMMOND, June 19, 1793 + + +TO MR. HAMMOND. + +Philadelphia, June 19, 1793. + +Sir, + +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, + +Th: Jefferson. + + + + +LETTER CLIX.--TO MESSRS. CARMICHAEL AND SHORT, June 30, 1793 + + +TO MESSRS. CARMICHAEL AND SHORT. + +Philadelphia, June 30, 1793. + +Gentlemen, + +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. + +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. + +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. + +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. + +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: + +1. Exciting the Chickasaws to war on the Creeks. + +2. Furnishing them with provisions and arms. + +3. Aiming at the occupation of a post at the _Ecores Amargas_. + +4. Giving medals and marks of distinction to several Indians. + +5. Meddling with the affairs of such as are allies of Spain. + +6. Not using efficacious means to prevent these proceedings. I shall +make short observations on these charges. + +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. + +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. + +3. We are aiming, as is pretended, at an establishment on the +Mississippi, at the _Ecores Amargas_. 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 _statu +quo_, 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 _Ecores Amargas_. This charge then is false also. + +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. + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with sentiments of the most perfect esteem and +respect, Gentlemen, your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CLX.--TO THE SUPREME COURT OF THE UNITED STATES, July 18,1793 + + +_To the Chief Justice and Judges of the Supreme Court of the United +States_. + +Philadelphia, July 18,1793. + +Gentlemen, + +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. + +I have the honor to be, with sentiments of great esteem and respect, +Gentlemen, your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CLXI.--TO MR. GENET, July 24,1793 + + +TO MR. GENET. + +Philadelphia, July 24,1793. Sir, + +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. + +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. + +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. + +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. + +I have the honor to be, with great respect, Sir, your most obedient, +humble servant, + +Th: Jefferson. + + + + +LETTER CLXII.--TO MR. GENET, August 7, 1793 + + +TO MR. GENET. + +Philadelphia, August 7, 1793. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with great respect, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER CLXIII.--TO GOUVERNEUR MORRIS, August 16,1793 + + +TO GOUVERNEUR MORRIS. + +Philadelphia, August 16,1793. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +On the following expressions no commentary shall be made. + +July 9. ‘Les principes philosophiques proclames par le Président.’ + +June 22. ‘Les opinions privées ou publiques de M. le Président, et cette +égide ne paroissant pas suffisante.’ + +June 22. ‘Le gouvernement fédéral s’est empressé, poussé par je ne se gais +quelle influence.’ + +June 22. ‘Je ne puis attribuer des démarches de cette nature qu’a des +impressions étrangeres dont le terns et la vérité triompheront.’ + +June 25. ‘On poursuit avec acharnement, en vertu des instructions de M. +le Président, les armateurs Francais.’ + +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. + +June 8. ‘La lache abandon de ses amis.’ + +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. + +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. + +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. + +I have the honor to be, with great respect and esteem, Dear Sir, your +most obedient and most humble servant, + +Th: Jefferson.* + + * A copy of the preceding letter was sent, enclosed by the + Secretary of State, to Mr. Genet. + + + + +LETTER CLXIV.--CIRCULAR TO THE MERCHANTS OF THE U.S., August 23, 1793 + + +CIRCULAR TO THE MERCHANTS OF THE UNITED STATES. + +Philadelphia, August 23, 1793, + +Gentlemen, + +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. + +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. + +I have the honor to be, with great respect, Gentlemen, your most +obedient servant, + +Th: Jefferson. + + + + +LETTER CLXV.--TO MR. GORE, September 2, 1793 + + +TO MR. GORE. + +Philadelphia, September 2, 1793. + +Sir, + +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. + +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. + +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. + +I have the honor to be, with great respect, Sir, your most obedient +servant, + +Th: Jefferson. + + + + +LETTER CLXVI.--TO MR. HAMMOND, September 5, 1793 + + +TO MR. HAMMOND. + +Philadelphia, September 5, 1793. + +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. + +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. + +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. + +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. + +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. + +Your list of the privateers illicitly armed in our ports, is, I believe, +correct. + +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. + +I have the honor to be, with great respect, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER CLXVII.--TO MR. PINCKNEY, September 7,1793 + +TO MR. PINCKNEY. + +Philadelphia, September 7,1793. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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, + +Th: Jefferson. + + + + +LETTER CLXVIII.--TO MR. HAMMOND, September 9, 1793 + + +TO MR. HAMMOND. + +Philadelphia, September 9, 1793. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with great respect, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER CLXIX.--TO MR. GENET, September 9, 1793 + + +TO MR. GENET. + +Philadelphia, September 9, 1793. + +Sir, + +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. + +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. + +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? + +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. + +I have the honor to be, with great respect, Sir, your most obedient and +most humble servant, + +Th: Jefferson. + + + + +LETTER CLXX.--TO COLONEL HUMPHREYS, September 11, 1793 + + +TO COLONEL HUMPHREYS. + +Philadelphia, September 11, 1793. + +Dear Sir, + +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. + +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. + +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. + +I have the honor to be, with great and sincere esteem and respect, Dear +Sir, your affectionate friend and servant, + +Th: Jefferson. + + + + +LETTER CLXXI.--TO MR. GENET, October 3, 1793 + + +TO MR. GENET. + +Monticello, October 3, 1793. + +Sir, + +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. + +I have the honor to be, with great esteem and respect, your most +obedient and most humble servant, + +Th: Jefferson, + + + + +LETTER CLXXII.--TO MR. GENET, November 8,1793 + + +TO MR. GENET. + +Germantown, November 8,1793. + +Sir, + +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. + +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. + +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. + +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. + +I have the honor to be, with sentiments of respect and esteem, Sir, your +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CLXXIII.--TO MR. GENET, November 22, 1793 + + +TO MR. GENET. + +Germantown, November 22, 1793. + +Sir, + +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. + +I have the honor to be, with respect, Sir, your most obedient and most +humble servant, + +Th: Jefferson. + + + + +LETTER CLXXIV.--TO MR. GENET, December 9, 1793 + + +TO MR. GENET. + +Philadelphia, December 9, 1793. + +Sir, + +I have to acknowledge the receipt of your letter of the 3rd instant, +which has been duly laid before the President. + +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. + +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, ‘_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,_’ &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, ‘_a nos tres chers, &c. le President +et membres du Congres general des Etats-Unis_,’ &c. but ‘_a nos tres +chers, &c. les Etats-Unis de l’Amerique_,’ &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. + +I have the honor to be, with respect, Sir, your most obedient and most +humble servant, + +Th: Jefferson. + + + + +LETTER CLXXV.--TO THE ATTORNEY GENERAL OF THE U.S., December 18, 1793 + + +TO THE ATTORNEY GENERAL OF THE UNITED STATES. + +Philadelphia, December 18, 1793. + +Sir, + +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. + +I have the honor to be, with great respect and esteem, Sir, your most +obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CLXXVI.--TO E. RANDOLPH, February 3, 1794 + +TO E. RANDOLPH. + +Monticello, February 3, 1794. + +Dear Sir, + +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. + +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. + +This is the first letter I have written to Philadelphia since my arrival +at home, and yours the only ones I have received. + +Accept assurances of my sincere esteem and respect. Yours +affectionately, + +Th: Jefferson. + + + + +LETTER CLXXVII.--TO JAMES MADISON, April 3, 1794 + +TO JAMES MADISON. + +Monticello, April 3, 1794. + +Dear Sir, + +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. + +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. + +Accept sincere assurances of affection. + +Th: Jefferson. + + + + +LETTER CLXXVIII.--TO TENCH COXE, May 1,1794 + +TO TENCH COXE. + +Monticello, May 1,1794. + +Dear Sir, + +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. + +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. + +I am, with very sincere affection, Dear Sir, your friend and servant, + +Th: Jefferson. + + + + +LETTER CLXXIX.--TO THE PRESIDENT, May 14, 1794 + + +TO THE PRESIDENT. + +Monticello, May 14, 1794. + +Dear Sir, + +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, + +Th: Jefferson. + + + + +LETTER CLXXX.--TO THE SECRETARY OF STATE, September 7, 1794 + + +TO THE SECRETARY OF STATE. + +Monticello, September 7, 1794. + +Dear Sir, + +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, + +Th: Jefferson. + + + + +LETTER CLXXXI.--TO JAMES MADISON, December 28, 1794 + + +TO JAMES MADISON. + +Monticello, December 28, 1794. + +Dear Sir, + +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 _con gusto_. + +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. + +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. + +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. + +Th: Jefferson. + + + + +LETTER CLXXXII.--TO M. D’IVERNOIS, February 6,1795 + +TO M. D’IVERNOIS. + +Monticello, February 6,1795. + +Dear Sir, + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER CLXXXIII.--TO JAMES MADISON, April 27, 1795 + + +TO JAMES MADISON. + +Monticello, April 27, 1795. + +Dear Sir, + +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. + +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. + +Present my most respectful compliments to Mrs. Madison, and be assured +of the warm attachment of, Dear Sir, yours affectionately, + +Th: Jefferson. + + + + +LETTER CLXXXIV.--TO WILLIAM B. GILES, April 27, 1795 + + +TO WILLIAM B. GILES. + +Monticello, April 27, 1795, + +Dear Sir, + +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. + +Yours affectionately, + +Th: Jefferson. + + + + +LETTER CLXXXV.--TO MANN PAGE, August 30, 1795 + + +THOMAS JEFFERSON TO MANN PAGE. + +Monticello, August 30, 1795. + +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, _maturè +sanus_, 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. + + + + +LETTER CLXXXVI.--TO JAMES MADISON + + +THOMAS JEFFERSON TO JAMES MADISON. + +Monticello, September 21,1795. + +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. + + + + +LETTER CLXXXVII.--TO EDWARD RUTLEDGE, November 30, 1795 + + +TO EDWARD RUTLEDGE. + +Monticello, November 30, 1795, + +My Dear Sir, + +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, + +Th: Jefferson. + + + + +LETTER CLXXXVIII.--TO WILLIAM B. GILES, December 31, 1795 + + +TO WILLIAM B. GILES. + +Monticello, December 31, 1795. + +Dear Sir, + +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. + +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). + +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. + +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). + +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). + +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. + +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. + +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. + +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. + +My friendly respects to Mr. Madison, to whom the next week’s dose will +be directed. Adieu affectionately. + +Th: Jefferson. + + + + +LETTER CLXXXIX.--TO JAMES MADISON, March 6, 1796 + + +TO JAMES MADISON. + +Monticello, March 6, 1796. + +Dear Sir, + +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. + +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. + +My salutations to Mrs. Madison, friendly esteem to Mr. Giles, Page, &c. +I am, with sincere affection, yours, + +Th: Jefferson. + + +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. + + + + +LETTER CXC.--TO WILLIAM B. GILES, March 19,1796. + + +THOMAS JEFFERSON TO WILLIAM B. GILES. + +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, _ipso facto_, 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. + + + + +LETTER CXCI.--TO COLONEL MONROE, March 21, 1796 + +TO COLONEL MONROE. + +Monticello, March 21, 1796. + +Dear Sir, + +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. + +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. + +Th: Jefferson. + + + + +LETTER CXCII.--TO JAMES MADISON, March 27,1796 + +TO JAMES MADISON. + +Monticello, March 27,1796. + +Dear Sir, + +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. + +Th: Jefferson. + + + + +LETTER CXCIII.--TO JAMES MADISON, April 19, 1796 + +TO JAMES MADISON. + +Monticello, April 19, 1796. + +Dear Sir, + +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. + +Th: Jefferson. + + [The papers referred to in the preceding.] + +_Extract, verbatim, from last page but one and the last page_. + +‘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. + +‘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. + +‘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. + +‘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 _nem. con_., “that he retain the +journals and other papers subject to the order of the Congress, if ever +formed under the constitution.” + +‘The members then proceeded to sign the instrument,’ &c. + +‘In Senate, February 1, 1791. + +‘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, + +‘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.’ + +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. + +‘Gentlemen of the Senate, + +‘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. + +‘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.’ + +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. + +I find, among my press copies, the following in my hand-writing. + +‘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. + +‘April 9, 1792.’ + +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. + +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. + + + + +LETTER CXCIV.*--TO P. MAZZEI, April 24, 1796 + + +TO P. MAZZEI. + +Monticello, April 24, 1796. + +Mr Dear Friend, + +***** + +[* The first part of this letter is on private business, and is +therefore omitted.] + +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. + +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 _tedium vita_. 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, + +Th: Jefferson. + + + + +LETTER CXCV.--TO COLONEL MONROE, June 12, 1796 + + +TO COLONEL MONROE. + +Monticello, June 12, 1796. + +Dear Sir, + +***** + +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. + +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. + +Our best affections attend Mrs. Monroe, Eliza, and yourself. Adieu +affectionately. + +Th: Jefferson. + + + + +LETTER CXCVI.--TO THE PRESIDENT, June 19, 1796 + + +TO THE PRESIDENT. + +Monticello, June 19, 1796. + +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.* + + [* Here, in the margin of the copy, is written, apparently + at a later date, * General H. Lee.’] + +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. + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER CXCVII.--TO M. DE LA FAYETTE, June 19, 1796 + +TO M. DE LA FAYETTE. + +Monticello, June 19, 1796. + +Dear Sir, + +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, + +Th: Jefferson. + + + + +LETTER CXCVIII.--TO JONATHAN WILLIAMS, July 3,1796 + + +TO JONATHAN WILLIAMS. + +Monticello, July 3,1796. + +Dear Sir, + +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. + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER CXCIX.--TO COLONEL MONROE, July 10, 1796 + + +TO COLONEL MONROE. + +Monticello, July 10, 1796. + +Dear Sir, + +***** + +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. + +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. + +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. + +We all join in love to Mrs. Monroe; and accept for yourself assurances +of sincere and affectionate friendship. Adieu. + +Th: Jefferson. + + + + +LETTER CC.--TO JAMES MADISON + + +THOMAS JEFFERSON TO JAMES MADISON. + +Monticello, December 17, 1796. + +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. + +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. + +Present me in friendly terms to Messrs. Giles, Venable, and Page. Adieu +affectionately. + + + + +LETTER CCI.--TO EDWARD RUTLEDGE, December 27, 1796 + +TO EDWARD RUTLEDGE. + +Monticello, December 27, 1796. + +Mr Dear Sir, + +***** + +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. _Flumina amo sylvasque, inglorius_. 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. + +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. _Au diable les +Bougres!_ I am at the end of my curse and bottom of my page, so God bless +you and yours. _Adieu_ affectionately. + +Th: Jefferson. + + + + +LETTER CCII.--TO JOHN ADAMS, December 28,1796 + +Monticello, December 28,1796. + +_Statement, from memory, of a Letter I wrote to John Adams; copy omitted +to be retained_. + +Dear Sir, + +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. + +Th: Jefferson. + + + + +LETTER CCIII.--to James Madison, January 1, 1797 + +Monticello, January 1, 1797. + +_Statement, from memory, of a Letter I wrote to James Madison; copy +omitted to be retained_. + +Dear Sir, + +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. + +***** + +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 _bellum +omnium in omnia_ 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. + +Adieu. Yours affectionately. + +Th: Jefferson. + + + + +LETTER CCIV.--TO MR. VOLNEY, January 8, 1797 + + +TO MR. VOLNEY. + +Monticello, January 8, 1797. + +Dear Sir, + +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.’ + +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. + +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. + +The following is copied from my diary: + +[Illustration: page342] + +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. + +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 +‘_L’alte temo, l’humili non sdegno_.’ 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. + +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 _délassement_, 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. + +Th: Jefferson. + + + + +LETTER CCV.--TO HENRY TAZEWELL, January 16, 1797 + + +TO HENRY TAZEWELL. + +Monticello, January 16, 1797. + +Dear Sir, + +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. + +I am, with sincere respect, Dear Sir, your friend and servant, + +Th: Jefferson. + + + + +LETTER CCVI.--TO JAMES MADISON, January 16, 1797 + +TO JAMES MADISON. + +Monticello, January 16, 1797. + +Dear Sir, + +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. + +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, + +Th: Jefferson. + + + + +LETTER CCVII.--TO JAMES MADISON, January 22, 1797 + + +TO JAMES MADISON. + +Monticello, January 22, 1797. + +Dear Sir, + +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. + +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. + +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. + +Th: Jefferson. + + + + +LETTER CCVIII.--TO JAMES MADISON, January 30, 1797 + +TO JAMES MADISON, + +Monticello, January 30, 1797. + +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. + +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. + +Th: Jefferson. + + + + +LETTER CCIX.--TO JAMES SULLIVAN, February 9, 1797 + + +TO JAMES SULLIVAN. + +Monticello, February 9, 1797. + +Dear Sir, + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER CCX.--TO ELBRIDGE GERRY, May 13, 1797 + + +TO ELBRIDGE GERRY. + +Philadelphia, May 13, 1797. + +My Dear Friend, + +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. + +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. + +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. + +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. + +I remain, with constant and sincere esteem, Dear Sir, your affectionate +friend and servant, + +Th: Jefferson. + + + + +LETTER CCXI.--TO GENERAL GATES, May 30,1797 + + +TO GENERAL GATES. + +Philadelphia, May 30,1797. + +Dear General, + +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. + +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. + +Here, there, and every where else, I am, with great and sincere +attachment and respect, your friend and servant, + +Th: Jefferson. + + + + +LETTER CCXII.--TO JAMES MADISON, June 1, 1797 + + +TO JAMES MADISON. + +Philadelphia, June 1, 1797. + +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.’ + +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 + +***** + +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 + + [* A few lines ave here unintelligible.] + +Charleston have been assuming a different hue. Young Rutledge joining +Smith and Harper, is an ominous fact as to that whole interest. + +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. 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 _sine qua non_, and this will be decided on to-morrow, + +Yours affectionately, + +Th: Jefferson. + + + + +LETTER CCXIII.--TO COLONEL BURR, June 17,1797 + + +TO COLONEL BURR. + +Philadelphia, June 17,1797. + +Dear Sir, + +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. + +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. + +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. + +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, + +Th: Jefferson, + + +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. + + + + +LETTER CCXIV.--TO ELBRIDGE GERRY, June 21, 1797 + + +TO ELBRIDGE GERRY. + +Philadelphia, June 21, 1797. + +My Dear Friend, + +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. + +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, + +Th: Jefferson. + + + + +LETTER CCXV.--TO EDWARD RUTLEDGE, June 24, 1797 + + +TO EDWARD RUTLEDGE. + +Philadelphia, June 24, 1797. + + +My Dear Sir, + +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. + +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, + +Th: Jefferson. + + + + +LETTER, CCXVI.--TO JAMES MADISON, August 3, 1797 + + +THOMAS JEFFERSON TO JAMES MADISON. + +Monticello, August 3, 1797. + +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. + +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. + + + + +LETTER CCXVII.--TO COLONEL ARTHUR CAMPBELL, September 1, 1797 + + +TO COLONEL ARTHUR CAMPBELL. + +Monticello, September 1, 1797. + +Dear Sir, + +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, + +Th: Jefferson. + + + + +LETTER CCXVIII.--TO JAMES MONROE, September 7, 1797 + +THOMAS JEFFERSON TO JAMES MONROE. + +Monticello, September 7, 1797. + +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. + +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. + +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. + +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. + +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. + +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 _præmunire_ 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 +_præmunire_ for the attempt. + +Think further of the preceding part of this letter, and we will have +further conference on it. Adieu. + +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. + + + + +LETTER CCXIX.--TO JAMES MADISON, January 3, 1798 + + +TO JAMES MADISON. + +Philadelphia, January 3, 1798 + +Dear Sir, + +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. + +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. + +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. + +My affectionate respects to Mrs. Madison; to yourself, health and +friendship. Adieu. + +Th: Jefferson. + + + + +LETTER CCXX.--TO JAMES MADISON, January 25, 1798 + + +TO JAMES MADISON. + +Philadelphia, January 25, 1798. + +Dear Sir, + +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. + +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. + +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. + +Friendly salutations to Mrs. Madison. Adieu affectionately. + +Th: Jefferson. + + +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. + + + + +LETTER CCXXI.--TO JAMES MADISON, February 8, 1798 + + +TO JAMES MADISON. + +Philadelphia, February 8, 1798. + +Dear Sir, + +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. + +My friendly salutations to Mrs. Madison. Adieu affectionately. + +Th: Jefferson. + + + + +LETTER CCXXII.--TO JAMES MADISON, February 15, 1798 + + +TO JAMES MADISON. + +Philadelphia, February 15, 1798. + +Dear Sir, + +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. + +Th: Jefferson. + + + + +LETTER CCXXIII.--TO GENERAL GATES, February 21, 1798 + + +TO GENERAL GATES. + +Philadelphia, February 21, 1798. + +Dear General, + +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. + +***** + +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. + +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 _Arrêt_ 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, + +Th: Jefferson. + + + + +LETTER CCXXIV.--TO JAMES MADISON, February 22, 1798 + + +TO JAMES MADISON. + +Philadelphia, February 22, 1798. + +Dear Sir, + +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. + +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. + +My friendly salutations to Mrs. Madison and the family. To + +yourself, friendly adieus. + +Th: Jefferson. + + [* Here, in the margin of the copy filed, is written by the + author, in pencil, ‘Mr, Adams.’] + + + + +LETTER CCXXV.--TO JAMES MADISON, March 2, 1798 + + +TO JAMES MADISON. + +Philadelphia, March 2, 1798. + +Dear Sir, + +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. + +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. + +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. + +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? + +Salutations and adieu. + +Th: Jefferson. + + + + +LETTER CCXXVI.--TO JAMES MADISON, March 15, 1798 + +TO JAMES MADISON. + +Philadelphia, March 15, 1798. + +Dear Sir, + +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. + +Th: Jefferson. + + + + +LETTER CCXXVII.--TO JAMES MADISON, March 21, 1798 + + +TO JAMES MADISON. + +Philadelphia, March 21, 1798. + +Dear Sir, + +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. + +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. + +Th: Jefferson. + + + + +LETTER CCXXVIII.--TO JAMES MADISON, March 29, 1798 + + +TO JAMES MADISON. + +Philadelphia, March 29, 1798. + +Dear Sir, + +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. + +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. + +Th: Jefferson. + + + + +LETTER CCXXIX.--TO JAMES MADISON, April 5, 1798 + + +TO JAMES MADISON. + +Philadelphia, April 5, 1798. + +Dear Sir, + +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 _equilibrio_. 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. + +Th: Jefferson. + + + + +LETTER CCXXX.--TO JAMES MADISON, April 6, 1798 + + +TO JAMES MADISON. + +Philadelphia, April 6, 1798. + +Dear Sir, + +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 +_ne plus_, 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. + +Th: Jefferson. + + + + +LETTER CCXXXI.--TO JAMES MADISON, April 12, 1798 + + +TO JAMES MADISON. + +Philadelphia, April 12, 1798. + +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. + +Th: Jefferson. + + + + +LETTER CCXXXII.--TO JAMES MADISON, April 26, 1798 + + +TO JAMES MADISON, + +Philadelphia, April 26, 1798. + +Dear Sir, + +***** + +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. + +Salutations to Mrs. Madison; and to yourself, friendship and adieu. + +Th: Jefferson. + + + + +LETTER CCXXXIII.--TO JAMES MADISON, May 3, 1798 + +TO JAMES MADISON. + +Philadelphia, May 3, 1798. + +Dear Sir, + +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. + +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. + +***** + +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. + +My respectful salutations to Mrs. Madison. To yourself affectionate +friendship, and adieu, + +Th: Jefferson. + +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. + + + + +LETTER CCXXXIV.--TO JAMES LEWIS, JUNIOR, May 9, 1798 + +TO JAMES LEWIS, JUNIOR. + +Philadelphia, May 9, 1798. + +Dear Sir, + +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. + +I am, with much esteem, Dear Sir, your must obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CCXXXV.--TO JAMES MADISON, May 31, 1798 + + +TO JAMES MADISON. + +Philadelphia, May 31, 1798. + +Dear Sir, + +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.’ + +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. + +My respectful salutations and friendship to Mrs. Madison, to the family, +and to yourself. Adieu. + +Th: Jefferson. + +P. S. The President, it is said, has refused an Exequatur to the Consul +General of France, Dupont. T. J. + + + + +LETTER CCXXXVI.--TO JOHN TAYLOR, June 1, 1798 + +THOMAS JEFFERSON TO JOHN TAYLOR. + +Philadelphia, June 1, 1798. + +***** + +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. 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. + + + + +LETTER CCXXXVII.--TO GENERAL KOSCIUSKO, June 1, 1798 + + +TO GENERAL KOSCIUSKO. + +Philadelphia, June 1, 1798. + +Dear Sir, + +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. + + [* 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.’] + +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. + +Th: Jefferson. + + + + +LETTER CCXXXVIII.--TO JAMES MADISON, June 21, 1798 + +TO JAMES MADISON. + +Philadelphia, June 21, 1798. + +Dear Sir, + +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. + +My respectful salutations to Mrs. Madison, and cordial friendship to +yourself. + +Th: Jefferson. + + +P.M. A message to both Houses this day from the President, with the +following communications. + +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 _bonâ fide_, and not merely for procrastination, to break +up and come home, and at any rate to consent to no loan. + +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. + +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. + +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. + +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. + +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. + +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. + + + + +LETTER CCXXXIX.--TO SAMUEL SMITH, August 22, 1798 + + +TO SAMUEL SMITH. + +Monticello, August 22, 1798. + +Dear Sir, + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER CCXL.--TO A. H. ROWAN, September 26, 1798 + +TO A. H. ROWAN. + +Monticello, September 26, 1798. + +Sir, + +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 _habeas corpus_ 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, + +Th: Jefferson. + + + + +LETTER CCXLI.--TO STEPHENS THOMPSON MASON, October 11, 1798 + +TO STEPHENS THOMPSON MASON. + +Monticello, October 11, 1798. + +Dear Sir, + +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. + +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. + +Yours affectionately, + +Th: Jefferson. + + + + +LETTER CCXLII.--TO JOHN TAYLOR, November 26, 1798 + +TO JOHN TAYLOR. + +Monticello, November 26, 1798, + +Dear Sir, + +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 +_dehors_ 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. + +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. + +Th: Jefferson. + + + + +LETTER CCXLIII.--TO JAMES MADISON, January 3, 1799 + +TO JAMES MADISON. + +Philadelphia, January 3, 1799. + +Dear Sir, + +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. + +***** + +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. + +Th: Jefferson. + +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. + + + + +LETTER CCXLIV.--TO JAMES MADISON, January 16, 1799 + +TO JAMES MADISON. + +Philadelphia, January 16, 1799. + +Dear Sir, + +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! + +***** + +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. + +Th: Jefferson. + + + + +LETTER CCXLV.--TO ELBRIDGE GERRY + +TO ELBRIDGE GERRY. + +Philadelphia, January 26, 1799. + +Mr Dear Sir, + +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. + +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. + +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. + +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. + +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. + +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. + + + + +LETTER CCXLVI.--TO EDMUND PENDLETON, January 29, 1799 + +TO EDMUND PENDLETON. + +Philadelphia, January 29, 1799. + +Dear Sir, + +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. + +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. + +***** + +Accept my sincere prayers for long and happy years to you still, and my +affectionate salutations and adieu. + +Th: Jefferson. + + + + +LETTER CCXLVII.--TO JAMES MADISON, February 5, 1799 + +TO JAMES MADISON. + +Philadelphia, February 5, 1799. + +Dear Sir, + +I wrote you last on the 30th of January; since which yours of the 25th +has been received. + +********* + +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. + +***** + +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. + +Affectionate salutations to Mrs. Madison and yourself. Adieu. + +Th: Jefferson. + + + + +LETTER CCXLVIII.--TO EDMUND PENDLETON, February 14, 1799 + +TO EDMUND PENDLETON. + +Philadelphia, February 14, 1799. + +Dear Sir, + +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. + +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 _Arrêt_ 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 _Arrêt_ 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. + +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. + +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. + +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. + +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, + +Th: Jefferson. + + + + +LETTER CCXLIX.--TO JAMES MADISON, February 19, 1799 + +TO JAMES MADISON. + +Philadelphia, February 19, 1799. + +Dear Sir, + +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. + +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 _Chargé d’Affaires_ 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. + +Affectionate salutations to Mrs. Madison and yourself, and adieu. + +Th: Jefferson, + + + + +LETTER CCL.--TO GENERAL KOSCIUSKO, February 21, 1799 + + +TO GENERAL KOSCIUSKO. + +Philadelphia, February 21, 1799. + +My Dear Friend, + +***** + +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. + +Th: Jefferson. + + + + +LETTER CCLI.--TO JAMES MADISON, February 26, 1799 + +TO JAMES MADISON. + +Philadelphia, February 26, 1799. + +Dear Sir, + +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. + +Th: Jefferson. + + + + +LETTER CCLII.--TO T. LOMAX, March 12, 1799 + +TO T. LOMAX. + +Monticello, March 12, 1799. + +Dear Sir, + +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. + +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. + +Accept assurances of the constant and unaltered affection of, Dear Sir, +your sincere friend and servant, + +Th: Jefferson. + + + + +LETTER CCLIII.--TO EDMUND RANDOLPH, August 18, 1799 + + +TO EDMUND RANDOLPH. + +Monticello, August 18, 1799 + +Dear Sir, + +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, _ipso facto_, law on the new association; it could +only become so by a positive adoption, and so far only as they were +authorized to adopt. + +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. + +Th: Jefferson. + + + + +LETTER CCLIV.--TO WILSON C. NICHOLAS, September 5, 1799 + + +TO WILSON C. NICHOLAS. + +Monticello, September 5, 1799. + +Dear Sir, + +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. + +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, + +Th: Jefferson. + + + + +LETTER CCLV.--TO JAMES MADISON, November 22, 1799 + +TO JAMES MADISON. + +Monticello, November 22, 1799. + +Dear Sir, + +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. + +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. + +Th: Jefferson. + + + + +LETTER CCLVI.--TO COLONEL MONROE, January 12, 1800 + + +TO COLONEL MONROE. + +Philadelphia, January 12, 1800. + +Dear Sir, + +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. + +Th: Jefferson. + + + + +LETTER CCLVII.--TO SAMUEL ADAMS + + +TO SAMUEL ADAMS. + +Philadelphia, February 26,1800. + +Dear Sir, + +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. + +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, + +Th: Jefferson. + + + + +LETTER CCLVIII.--TO JAMES MADISON, March 4, 1800 + + +TO JAMES MADISON. + +Philadelphia, March 4, 1800. + +Dear Sir, + +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. + +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. + +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. + +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. + +Present my respectful salutations to Mrs. Madison, and be assured of my +constant and affectionate esteem, + +Th: Jefferson. + + + + +LETTER CCLIX.--TO JAMES MADISON, May 12, 1800 + +TO JAMES MADISON. + +Philadelphia, May 12, 1800. + +Dear Sir, + +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. + +***** + +Accept assurances of constant and affectionate esteem to Mrs. Madison +and yourself from, Dear Sir, your sincere friend and servant, + +Th: Jefferson. + + + + +LETTER CCLX.--TO GIDEON GRANGER, August 13, 1800 + +TO GIDEON GRANGER. + +Monticello, August 13, 1800. + +Dear Sir, + +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. + +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. + +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. + +How will the vote of your State and Rhode Island be as to A. and P.? + +I am, with great and sincere esteem, Dear Sir, your friend and servant, + +Th: Jefferson. + + + + +LETTER CCLXI.--TO URIAH M’GREGORY, August 13, 1800 + +TO URIAH M’GREGORY. + +Monticello, August 13, 1800. + +Sir, + +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. + +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. + +I am, Sir, your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CCLXII.--TO DOCTOR RUSH, September 23, 1800 + +TO DOCTOR RUSH. + +Monticello, September 23, 1800. + +Dear Sir, + +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. + +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. + +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 _genus +irritabile vatum_, 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. + +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. + +Th: Jefferson. + + + + +LETTER, CCLXIII.--TO ROBERT R. LIVINGSTON, December 14, 1800 + + +TO ROBERT R. LIVINGSTON. + +Washington, December 14, 1800. + +Dear Sir, + +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 _ossa innominata_, and _scapula_. 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. + +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 _travestie_. 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. + +Accept assurances of cordial esteem and respect, and my friendly +salutations. + +Th: Jefferson. + + + + +LETTER CCLXIV.--TO COLONEL BURR, December 15,1800 + +TO COLONEL BURR. + +Washington, December 15,1800. + +Dear Sir, + +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. + +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. + +Th: Jefferson. + + + + +LETTER CCLXV.--TO JUDGE BRECKENRIDGE, December 18,1800 + + +TO JUDGE BRECKENRIDGE. + +Washington, December 18,1800. + +Dear Sir, + +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. + +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. + +Accept assurances of the great respect of, Dear Sir, your most obedient +servant, + +Th: Jefferson. + + + + +LETTER CCLXVI.--TO JAMES MADISON, December 19,1800 + +TO JAMES MADISON. + +Washington, December 19,1800. + +Dear Sir, + +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, _pro tem_, 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. + +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. + +Th: Jefferson. + + + + +LETTER CCLXVII.--TO JAMES MADISON, December 26, 1800 + + +TO JAMES MADISON. + +Washington, December 26, 1800. + +Dear Sir, + +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. + +**** + +Cordial and affectionate salutations. Adieu. + +Th: Jefferson. + + + + +LETTER CCLXVIII.--TO COLONEL BURR, February 1, 1801 + +TO COLONEL BURR. + +Washington, February 1, 1801. + +Dear Sir, + +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. + +Accept assurances of my high respect and esteem. + +Th: Jefferson. + + + + +LETTER CCLXIX.--TO GOVERNOR M’KEAN, February 2, 1801 + + +TO GOVERNOR M’KEAN. + +Washington, February 2, 1801. + +Dear Sir, + +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. + +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. + +Accept assurances of my high consideration, respect, and esteem. + +Th: Jefferson. + + + + +LETTER CCLXX.--TO TENCH COXE, February 11,1801 + +TO TENCH COXE. + +Washington, February 11,1801. + +Dear Sir, + +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. + +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, + +Th: Jefferson. + + + + +LETTER CCLXXI.--TO JAMES MONROE, February 15, 1801 + +TO JAMES MONROE. + +Washington, February 15, 1801. + +Dear Sir, + +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 _previous_ advice of Senate. How this difficulty is to be +got over I know not. Accept for Mrs. Monroe and yourself my affectionate +salutations. Adieu. + +Th: Jefferson. + + + + +LETTER CCLXXII.--TO JAMES MADISON, February 18,1801 + + +TO JAMES MADISON. + +Washington, February 18,1801. + +Dear Sir, + +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. + +***** + +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 _cum multis aliis_, 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. + +Th: Jefferson. + + + + +LETTER CCLXXIII.--TO JOHN DICKINSON, March 6, 1801 + + +TO JOHN DICKINSON. + +Washington, March 6, 1801. + +Dear Sir, + +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. + +Th: Jefferson. + + + + +LETTER CCLXXIV.--TO COLONEL MONROE, March 7, 1801 + +TO COLONEL MONROE. + +Washington, March 7, 1801. + +Dear Sir, + +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 _à +tatons_, balancing our measures according to the impression we perceive +them to make. + +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. + +Present my respects to Mrs. Monroe, and accept assurances of my high and +affectionate consideration and attachment. + +Th: Jefferson. + + + + +LETTER CCLXXV.--TO GOVERNOR M’KEAN, March 9, 1801 + + +TO GOVERNOR M’KEAN. + +Washington, March 9, 1801. + +Dear Sir, + +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. + +Accept assurances of my high esteem and regard. + +Th: Jefferson. + + + + +LETTER CCLXXVI.--TO JOEL BARLOW, March 14, 1801 + +TO JOEL BARLOW. + +Washington, March 14, 1801. + +Dear Sir, + +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. + +Accept assurances of my constant esteem and high consideration. + +Th: Jefferson + + + + +LETTER CCLXXVII.--TO THOMAS PAINE, March 18, 1801 + + +TO THOMAS PAINE. + +Washington, March 18, 1801, + +Dear Sir, + +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. + +Accept assurances of my high esteem and affectionate attachment. + +Th: Jefferson. + + + + +LETTER CCLXXVIII.--TO M. DE REYNEVAL, March 20, 1801 + + +TO M. DE REYNEVAL. + +Washington, March 20, 1801. + +Dear Sir, + +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. + +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. + +***** + +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. + +Accept, I pray you, the assurances of my high consideration and constant +esteem. + +Th: Jefferson. + + + + +LETTER CCLXXIX.--TO DOCTOR JOSEPH PRIESTLEY, March 21, 1801 + + +TO DOCTOR JOSEPH PRIESTLEY. + +Washington, March 21, 1801. + +Dear Sir, + +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.* + + [* In the margin, is written by the author, ‘Alien law.’] + +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. + +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. + +Accept the homage of my high consideration and respect, and assurances +of affectionate attachment. + +Th: Jefferson. + + + + +LETTER CCLXXX.--TO MOSES ROBINSON, March 23,1801 + + +TO MOSES ROBINSON. + +Washington, March 23,1801. + +Dear Sir, + +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. + +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. + +I pray you to accept assurances of my high respect and esteem. + +Th: Jefferson. + + + + +LETTER CCLXXXI.--TO WILLIAM B. GILES, March 23, 1801 + + +TO WILLIAM B. GILES. + +Washington, March 23, 1801. + +Dear Sir, + +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. + +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. + +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. + +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. + +Accept assurances of my constant esteem and high consideration and +respect. + +Th: Jefferson. + + + + +LETTER CCLXXXII.--TO SAMUEL ADAMS, March 29, 1801 + + +TO SAMUEL ADAMS. + +Washington, March 29, 1801. + +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. + +Th: Jefferson* + + + + +LETTER CCLXXXIII..--TO ELBRIDGE GERRY, March 29, 1801 + + +TO ELBRIDGE GERRY. + +Washington, March 29, 1801, + +My Dear Sir, + +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. + +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. + +Th: Jefferson. + + + + +LETTER CCLXXXIV.--TO GIDEON GRANGER, May 3, 1801 + + +TO GIDEON GRANGER. + +Washington, May 3, 1801. + +Dear Sir, + +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. + +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. + +Accept assurances of my sincere attachment and high respect. + +Th: Jefferson. + + + + +LETTER CCLXXXV.--TO NATHANIEL MACON, May 14, 1801 + + +TO NATHANIEL MACON. + +Washington, May 14, 1801. + +Dear Sir, + +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, _seriatim_. + +Levees are done away. + +The first communication to the nest Congress will be, like all +subsequent ones, by message, to which no answer will be expected. + +The diplomatic establishment in Europe will be reduced to three +ministers. + +The compensations to collectors depend on you, and not on me. + +The army is undergoing a chaste reformation. + +The navy will be reduced to the legal establishment by the last of this +month. + +Agencies in every department will be revised. + +We shall push you to the uttermost in economizing. + +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. + +The arrival of Mr. Gallatin, yesterday, completed the organization of +our administration. + +Accept assurances of my sincere esteem and high respect. + +Th: Jefferson. + + + + +LETTER CCLXXXVI.--TO LEVI LINCOLN, July 11, 1801 + + +TO LEVI LINCOLN. + +Washington, July 11, 1801, + +Dear Sir, + +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. + +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. + +Accept assurances of my affectionate esteem and high respect. + +Th: Jefferson. + +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. + + + + +LETTER CCLXXXVII.--TO GOVERNOR MONROE, July 11, 1801 + + +TO GOVERNOR MONROE. + +Washington, July 11, 1801. + +Dear Sir, + +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. + +Th: Jefferson, + + + + +LETTER CCLXXXVIII.--TO A COMMITTEE OF MERCHANTS, July 12, 1801 + + +_To Elias Shipman and Others, a Committee of the Merchants of New +Haven_. + +Washington, July 12, 1801. + +Gentlemen, + +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. + +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. + +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. + +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? + +I tender you the homage of my high respect. + +Th: Jefferson. + + + + +LETTER CCLXXXIX.--TO LEVI LINCOLN, August 26, 1801 + + +TO LEVI LINCOLN. + +Monticello, August 26, 1801. + +Dear Sir, + +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. + +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. + +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. + +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. + +Th: Jefferson. + + + + +LETTER CCXC.--TO ROBERT R. LIVINGSTON, September 9, 1801 + + +TO ROBERT R. LIVINGSTON. + +Monticello, September 9, 1801. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Th: Jefferson + + + + +LETTER CCXCI.--TO WILLIAM SHORT, October 3, 1801 + + +TO WILLIAM SHORT. + +Washington, October 3, 1801. + +Dear Sir, + +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. + +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. + +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. + +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. + +Present my best respects to our amiable and mutual friend, and accept +yourself assurances of my sincere and constant affection. + +Th: Jefferson. + + + + +LETTER CCXCII.--TO THE HEADS OF THE DEPARTMENTS, November 6, 1801 + + +_Circular to the Heads of the Departments, and private_. + +Washington, November 6, 1801. + +Dear Sir, + +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. + +Accept for yourself particularly, my Dear Sir, assurances of my constant +and sincere affection and respect. + +Th: Jefferson. + + + + +LETTER CCXCIII.--TO JOHN DICKINSON, December 19, 1801 + + +TO JOHN DICKINSON. + +Washington, December 19, 1801. + +Dear Sir, + +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. + +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. + +Th: Jefferson. + + + + +LETTER CCXCIV.--TO ALBERT GALLATIN, April 1,1802 + + +TO ALBERT GALLATIN. + +Washington, April 1,1802. + +Dear Sir, + +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. + +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. + +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. + +Th: Jefferson. + + + + +LETTER CCXCV.--TO GENERAL KOSCIUSKO, April 2,1802 + + +TO GENERAL KOSCIUSKO. + +Washington, April 2,1802. + +Dear General, + +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. + + + + +LETTER CCXCVI.--TO ROBERT R. LIVINGSTON, April 18, 1802 + + +TO ROBERT R. LIVINGSTON. + +Washington, April 18, 1802. + +Dear Sir, + +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. + +***** + +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. + +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. + +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. + +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. + +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. + +Accept assurances of my affectionate esteem and high consideration. + +Th: Jefferson. + + + + +LETTER CCXCVII.--TO GOVERNOR MONROE, July 15, 1802 + +TO GOVERNOR MONROE. + +Washington, July 15, 1802. + +Dear Sir, + +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. + +Th: Jefferson. + + + + +LETTER CCXCVIII.--TO GOVERNOR MONROE, July 17, 1802 + + +TO GOVERNOR MONROE. + +Washington, July 17, 1802. + +Dear Sir, + +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. + +Accept assurances of my affectionate esteem and respect. + +Th: Jefferson. + + + + +LETTER CCXCIX.--TO ROBERT R. LIVINGSTON, October 10, 1802 + + +TO ROBERT R. LIVINGSTON. + +Washington, October 10, 1802. + +Dear Sir, + +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. + +My letters to you being merely private, I leave all details of business +to their official channel. + +Accept assurances of my constant friendship and high respect. + +Th: Jefferson. + + +P. S. We have received your letter announcing the arrival of Mr. Dupont. + + + + +LETTER CCC.--TO ALBERT GALLATIN, October 13, 1802 + + +THOMAS JEFFERSON TO ALBERT GALLATIN. + +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? + +Accept my affectionate salutations. October 13, 1802. + + + + +LETTER CCCI.--TO LEVI LINCOLN, October 25, 1802 + + +TO LEVI LINCOLN. + +Washington, October 25, 1802. + +Dear Sir, + +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. + +Th: Jefferson. + + + + +LETTER CCCII.--TO GOVERNOR MONROE, January 13,1803 + + +TO GOVERNOR MONROE. + +Washington, January 13,1803. + +Dear Sir, + +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. + +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. + +Accept assurances of my constant and affectionate attachment. + +Th: Jefferson. + + + + +LETTER CCCIII.--TO M. DUPONT, February 1, 1803 + + +TO M. DUPONT. + +Washington, February 1, 1803. + +Dear Sir, + +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, _omnibus horis_, 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. + +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. + +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. + +Th: Jefferson. + + + + +LETTER CCCIV.--TO DOCTOR BENJAMIN RUSH, April 21, 1803 + + +TO DOCTOR BENJAMIN RUSH. + +Washington, April 21, 1803. + +Dear Sir, + +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. + +Th: Jefferson. + + +_Syllabus of an Estimate of the Merit of the Doctrines of Jesus, +compared with those of others_. + +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. + +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. + +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. + +* 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. + + +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. + +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. + +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. + +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. + +The disadvantages under which his doctrines appear are remarkable. + +1. Like Socrates and Epictetus, he wrote nothing himself. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + + + + +LETTER CCCV.--TO GENERAL GATES, July 11, 1803 + + +TO GENERAL GATES. + +Washington, July 11, 1803. + +Dear General, + +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. + +***** + +Present me respectfully to Mrs. Gates, and accept yourself my +affectionate salutations, and assurances of great respect and esteem. + +Th: Jefferson. + + + + +LETTER CCCVI.--TO MR. BRECKENRIDGE, August 12, 1803 + +TO MR. BRECKENRIDGE. + +Monticello, August 12, 1803. + +Dear Sir, + +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. + +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. + +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. + +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. + +We have nothing later from Europe than the public papers give. I hope +yourself and all the western members will make a sacred point of being +at the first day of the meeting of Congress; for _vestra res regitur_. + +Accept my affectionate salutations and assurances of esteem and respect. + +Th: Jefferson. + + + + + +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 16783-0.txt or 16783-0.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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