diff options
Diffstat (limited to 'old/56313-0.txt')
| -rw-r--r-- | old/56313-0.txt | 26870 |
1 files changed, 0 insertions, 26870 deletions
diff --git a/old/56313-0.txt b/old/56313-0.txt deleted file mode 100644 index d407a9d..0000000 --- a/old/56313-0.txt +++ /dev/null @@ -1,26870 +0,0 @@ -The Project Gutenberg EBook of The Writings of Thomas Jefferson Vol. -VIII. (of 9), by Thomas Jefferson - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world 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. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Writings of Thomas Jefferson Vol. VIII. (of 9) - Being His Autobiography, Correspondence, Reports, Messages, - Addresses, and Other Writings, Official and Private - -Author: Thomas Jefferson - -Editor: H. A. Washington - -Release Date: January 5, 2018 [EBook #56313] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK WRITINGS OF THOMAS JEFFERSON, VOL 8 *** - - - - -Produced by David Edwards, Melissa McDaniel, and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive) - - - - - -Transcriber's Note: - - Inconsistent hyphenation and spelling in the original document have - been preserved. Obvious typographical errors have been corrected. - - Italic text is denoted by _underscores_. - - Inconsistent or incorrect accents and spelling in passages in French, - Latin and Italian have been left unchanged. - - Because of text width limitations, the table showing the geographical - locations of the Indian confederacies had to be split into three - sections. Accents in that table seem to indicate pronunciation. - - Sidenotes representing original page numbers in "The Batture at New - Orleans" have been moved before the paragraph at which they were - placed to avoid breaking up the flow of the text. - - [~c] is used to represent a c with an overbar. - - The section starting ""Logan's family" has no closing quotation mark. - - The section starting ""An act of" has no closing quotation mark. - - Accents in table on page 337 volume 8 seem to indicate pronunciation. - - The Table of Contents references a Special Message dated Mar. 21, - 1804. The corresponding entry itself is dated Mar. 20. - - Prevôté and vicomté should possibly not have accents. - - Soree. Ral-bird should possibly be Sora. Rail-bird. - - bueltas y tortuosidades should possibly be vueltas y tortuosidades. - - Cypriores should possibly be Cypriéres. - - Aligators should possibly be Alligators. - - [Sidenote: 43*] is missing. - - Part II ends with an unfinished sentence, and an incomplete address. - It has been left as printed. - - The dated sidenote "1778, Sept. 5." is out of order, and may be an - error. - - Text references indicated by (A.), (B.), (3.)...(7.) point to an - Appendix to the Notes on Virginia. - - The following possible inconsistencies/printer errors/archaic - spellings/different names for different entities were pointed - out by the proofers, and left as printed: - - Chippewas and Chippawas - - Muskingum and Muskinghum - - Rappahanoc, Rappahannoc, Rappahànoc - - Duponçeau and Duponceau - - Pawtomac, Potomac, Potomak, Powtomac, - - Pottawatomies, Powtawatamies, Powtewatamy - - Monongalia, Monongahela - - Mississippi, Missisipi - - Miller, Millar - - Maudan, Mandan - - levee and levée - - - - - THE - WRITINGS - OF - THOMAS JEFFERSON: - - BEING HIS - AUTOBIOGRAPHY, CORRESPONDENCE, REPORTS, MESSAGES, - ADDRESSES, AND OTHER WRITINGS, OFFICIAL - AND PRIVATE. - - - PUBLISHED BY THE ORDER OF THE JOINT COMMITTEE OF CONGRESS ON THE - LIBRARY, - FROM THE ORIGINAL MANUSCRIPTS, - DEPOSITED IN THE DEPARTMENT OF STATE. - - WITH EXPLANATORY NOTES, TABLES OF CONTENTS, AND A COPIOUS INDEX - TO EACH VOLUME, AS WELL AS A GENERAL INDEX TO THE WHOLE, - - BY THE EDITOR - H. A. WASHINGTON. - - - VOL. VIII. - - - NEW YORK: - PUBLISHED BY RIKER, THORNE & CO. - WASHINGTON, D.C.:--TAYLOR & MAURY. - 1854. - - - - - Entered, according to Act of Congress, in the year 1853, by - TAYLOR & MAURY, - In the Clerk's Office of the District Court for the District of - Columbia. - - - EZRA N. GROSSMAN, PRINTER, - 211 & 213 Centre st., N.Y. - - - - -CONTENTS TO VOL. VIII. - - - BOOK III.--PART II. - INAUGURAL ADDRESSES AND MESSAGES. - - PAGE - - First Inaugural Address March 4, 1801 1 - - First Annual Message Dec. 8, 1801 6 - - Second Annual Message Dec. 15, 1802 15 - - Special Message Jan. 28, 1802 21 - - Special Message Feb. 24, 1803 22 - - Third Annual Message Oct. 17, 1803 23 - - Special Message Oct. 21, 1803 29 - - Special Message Nov. 4, 1803 30 - - Special Message Nov. 25, 1803 31 - - Special Message Dec. 5, 1803 31 - - Special Message Jan. 16, 1804 32 - - Special Message Mar. 21, 1804 33 - - Fourth Annual Message Nov. 8, 1804 34 - - Second Inaugural Address Mar. 4, 1805 40 - - Fifth Annual Message Dec. 3, 1805 46 - - Special Message Jan. 13, 1806 54 - - Special Message Jan. 17, 1806 57 - - Special Message Feb. 3, 1806 58 - - Special Message Feb. 19, 1806 59 - - Special Message Mar. 20, 1806 60 - - Special Message April 14, 1806 61 - - Sixth Annual Message Dec. 2, 1806 62 - - Special Message Dec. 3, 1806 70 - - Special Message Jan. 22, 1807 71 - - Special Message Jan. 28, 1807 78 - - Special Message Jan. 31, 1807 78 - - Special Message Feb. 10, 1807 79 - - Seventh Annual Message Oct. 27, 1807 82 - - Special Message Nov. 23, 1807 89 - - Special Message Dec. 18, 1807 89 - - Special Message Jan. 20, 1808 90 - - Special Message Jan. 30, 1808 93 - - Special Message Jan. 30, 1808 94 - - Special Message Feb. 2, 1808 95 - - Special Message Feb. 4, 1808 95 - - Special Message Feb. 9, 1808 96 - - Special Message Feb. 15, 1808 97 - - Special Message Feb. 19, 1808 97 - - Special Message Feb. 25, 1808 98 - - Special Message Mar. 7, 1808 99 - - Special Message Mar. 17, 1808 100 - - Special Message Mar. 18, 1808 101 - - Special Message Mar. 22, 1808 101 - - Eighth Annual Message Nov. 8, 1808 103 - - Special Message Dec. 30, 1808 111 - - Special Message Jan. 6, 1809 111 - - Appendix--Confidential Message recommending - a Western Exploring - Expedition Jan. 18, 1803 241 - - - BOOK III--PART III. - REPLIES TO PUBLIC ADDRESSES. - - To the Committee of the Danbury Baptist Association of - Connecticut, 113. - - To William Judd, 114. - - To the Legislature of Tennessee, 115. - - To the Legislature of Massachusetts, 116. - - To the President of the Senate, and Speaker of the House - of Representatives of Massachusetts, 117. - - To Messrs. Thomas Ellicot and others, 118. - - To Captain John Thomas, 119. - - To Governor Smith, 120. - - To the Legislature of Vermont, 121. - - To the Legislature of New Jersey, 122. - - To the Tammany Society of Washington City, 124. - - To Messrs. Abner Walker and Bernard Todd, 124. - - To the General Assembly of North Carolina, 125. - - To the Society of Tammany of New York City, 127. - - To the Democratic Republicans of Philadelphia, 128. - - To the Legislature, Council, and House of Representatives of - the Territory of New Orleans, 129. - - To Governor Langdon, 131. - - To Governor Langdon, 132. - - To the Speaker of the House of Representatives of South - Carolina, 133. - - To the Inhabitants of Boston, Newburyport, and Providence, - &c., 133. - - To a Portion of the Citizens of Boston, 135. - - To the Baltimore Baptist Association, 137. - - To the Ketocton Baptist Association, 138. - - To the Six Baptist Associations represented at Chesterfield, - Virginia, 139. - - To Taber Finch, 140. - - To the Young Republicans of Petersburg and its vicinity, 141. - - To the Methodist Episcopal Church at Pittsburgh, Pennsylvania, - 142. - - To the Electors of the County of Ontario, New York, 143. - - To the Citizens of the County and City of Philadelphia, 144. - - To the Legislature of Georgia, 145. - - To the Methodist Episcopal Church at New London, Connecticut, - 147. - - To the General Assembly of Virginia, 147. - - To the Citizens of Wilmington and its vicinity, 149. - - To John Gassaway, 150. - - To the Republican Young Men of New London, 151. - - To the Republicans of Loudon county, Virginia, 152. - - To Governor Tompkins, 153. - - To General James Robertson, 154. - - To the Republicans of Niagara county, New York, 155. - - To Captain Quin Morton, 156. - - To the Tammany Society of Washington City, 156. - - To the Citizens of Washington City, 157. - - To the Republicans of Georgetown, 159. - - To the Republican Merchants of Leesburg and its vicinity, 161. - - To the Friends of the Administration in Bristol county, Rhode - Island, 162. - - To the Republican Delegates of Washington county, Pennsylvania, - 163. - - To the Citizens of Alleghany county, Maryland, 164. - - To the Republican Citizens of Washington county, Maryland, 165. - - To the President of the Ancient Plymouth Society of New - London, 166. - - To Governor Wright, 166. - - To the Legislature of the State of New York, 166. - - To the Republicans of Queen Ann's county, 168. - - To the members of the Baptist Church of Buck Mountain in - Albemarle, 168. - - To Jonathan Low, 169. - - To the Tammany Society of Baltimore. 170. - - BOOK III.--Part IV. - INDIAN ADDRESSES. - - To Brother John Baptiste de Coigne, 179. - - Speeches of John Baptiste de Coigne, Chief of the Wabash and - Illinois Indians, and other Chiefs, 176. - - To the Miamis, Powtewattamies, and Weeauks, 184. - - To the Delaware and Shawanee nations, 186. - - To Brother Handsome Lake, 187. - - To Brothers, the Miamis and Delawares, 189. - - To Brothers of the Choctaw nation, 192. - - To my children, White-hairs, chiefs and warriors of the Osage - nation, 195. - - To the Chiefs of the Chickasaw Nation, Minghey, Mataha, and - Tishohotana, 198. - - To the Wolf, and people of the Mandar nation, 200. - - To the Chiefs of the Osage nation, 203. - - To the Chiefs of the Shawanee nation, 205. - - To Kitchao Geboway, 208. - - To the Chiefs of the Ottawas, Chippewas, Powtewattamies, - Wyandots, and Senecas, of Sandusky, 210. - - To the Chief of the Upper Cherokees, 213. - - To Colonel Louis Cook and Jacob Francis of the St. Regis - Indians, 215. - - To the Delaware Chief, Captain Armstrong, 216. - - To the Miamis, Powtewattamies, Delawares, and Chippewas, 217. - - To Little Turtle, Chief of the Miamis, 218. - - To Manchol, the great war chief of the Powtewattamies, 220. - - To Beaver, the head warrior of the Delawares, 223. - - To Captain Hendrick, the Delawares, Mohiccons, and Munries, - 225. - - To Kitchard Geboway, 228. - - To the Deputies of the Cherokee Upper Towns, 228. - - To the Deputies of the Cherokees of the Upper and Lower Towns, - 230. - - To the Chiefs of the Wyandots, Ottawas, Chippewas, - Powtewattamies, and Shawanese, 232. - - To the Chiefs of the Ottawas, Chippewas, Powtewattamies, - Wyandots, and Shawanese, 238. - - - BOOK IV. - - MISCELLANEOUS. - - PART I. - Notes on Virginia, 249. - - - PART II. - BIOGRAPHICAL SKETCHES OF DISTINGUISHED MEN. - - 1. Biographical sketch of Peyton Randolph, 477. - - 2. Biographical sketch of Meriwether Lewis, 480. - - 3. Biographical sketch of General Kosciusko, 494. - - 4. Anecdotes of Dr. Franklin, 497. - - - PART III. - The Batture at New Orleans, 503. - - - - -PART II. - -INAUGURAL ADDRESSES AND MESSAGES. - - -INAUGURATION ADDRESS.--MARCH 4, 1801. - -_Friends and Fellow Citizens_:-- - -Called upon to undertake the duties of the first executive -office of our country, I avail myself of the presence of that portion -of my fellow citizens which is here assembled, to express -my grateful thanks for the favor with which they have been -pleased to look toward me, to declare a sincere consciousness -that the task is above my talents, and that I approach it with -those anxious and awful presentiments which the greatness of -the charge and the weakness of my powers so justly inspire. A -rising nation, spread over a wide and fruitful land, traversing all -the seas with the rich productions of their industry, engaged in -commerce with nations who feel power and forget right, advancing -rapidly to destinies beyond the reach of mortal eye--when I -contemplate these transcendent objects, and see the honor, the -happiness, and the hopes of this beloved country committed to -the issue and the auspices of this day, I shrink from the contemplation, -and humble myself before the magnitude of the undertaking. -Utterly indeed, should I despair, did not the presence -of many whom I here see remind me, that in the other high authorities -provided by our constitution, I shall find resources of -wisdom, of virtue, and of zeal, on which to rely under all difficulties. -To you, then, gentlemen, who are charged with the -sovereign functions of legislation, and to those associated with -you, I look with encouragement for that guidance and support -which may enable us to steer with safety the vessel in which we -are all embarked amid the conflicting elements of a troubled -world. - -During the contest of opinion through which we have passed, -the animation of discussion and of exertions has sometimes worn -an aspect which might impose on strangers unused to think freely -and to speak and to write what they think; but this being now -decided by the voice of the nation, announced according to the -rules of the constitution, all will, of course, arrange themselves -under the will of the law, and unite in common efforts for the -common good. All, too, will bear in mind this sacred principle, -that though the will of the majority is in all cases to prevail, that -will, to be rightful, must be reasonable; that the minority possess -their equal rights, which equal laws must protect, and to -violate which would be oppression. Let us, then, fellow citizens, -unite with one heart and one mind. Let us restore to social intercourse -that harmony and affection without which liberty and -even life itself are but dreary things. And let us reflect that -having banished from our land that religious intolerance under -which mankind so long bled and suffered, we have yet gained -little if we countenance a political intolerance as despotic, as -wicked, and capable of as bitter and bloody persecutions. During -the throes and convulsions of the ancient world, during the -agonizing spasms of infuriated man, seeking through blood and -slaughter his long-lost liberty, it was not wonderful that the agitation -of the billows should reach even this distant and peaceful -shore; that this should be more felt and feared by some and less -by others; that this should divide opinions as to measures of -safety. But every difference of opinion is not a difference of -principle. We have called by different names brethren of the -same principle. We are all republicans--we are federalists. If -there be any among us who would wish to dissolve this Union -or to change its republican form, let them stand undisturbed as -monuments of the safety with which error of opinion may be -tolerated where reason is left free to combat it. I know, indeed, -that some honest men fear that a republican government cannot -be strong; that this government is not strong enough. But -would the honest patriot, in the full tide of successful experiment, -abandon a government which has so far kept us free and firm, -on the theoretic and visionary fear that this government, the -world's best hope, may by possibility want energy to preserve itself? -I trust not. I believe this, on the contrary, the strongest -government on earth. I believe it is the only one where every -man, at the call of the laws, would fly to the standard of the -law, and would meet invasions of the public order as his own -personal concern. Sometimes it is said that man cannot be -trusted with the government of himself. Can he, then, be trusted -with the government of others? Or have we found angels in -the forms of kings to govern him? Let history answer this -question. - -Let us, then, with courage and confidence pursue our own -federal and republican principles, our attachment to our union -and representative government. Kindly separated by nature and -a wide ocean from the exterminating havoc of one quarter of the -globe; too high-minded to endure the degradations of the others; -possessing a chosen country, with room enough for our descendants -to the hundredth and thousandth generation; entertaining a -due sense of our equal right to the use of our own faculties, to -the acquisitions of our industry, to honor and confidence from -our fellow citizens, resulting not from birth but from our actions -and their sense of them; enlightened by a benign religion, professed, -indeed, and practiced in various forms, yet all of them including -honesty, truth, temperance, gratitude, and the love of -man; acknowledging and adoring an overruling Providence, -which by all its dispensations proves that it delights in the happiness -of man here and his greater happiness hereafter; with all -these blessings, what more is necessary to make us a happy and -prosperous people? Still one thing more, fellow citizens--a wise -and frugal government, which shall restrain men from injuring -one another, which shall leave them otherwise free to regulate -their own pursuits of industry and improvement, and shall not -take from the mouth of labor the bread it has earned. This is -the sum of good government, and this is necessary to close the -circle of our felicities. - -About to enter, fellow citizens, on the exercise of duties which -comprehend everything dear and valuable to you, it is proper -that you should understand what I deem the essential principles -of our government, and consequently those which ought to shape -its administration. I will compress them within the narrowest -compass they will bear, stating the general principle, but not all -its limitations. Equal and exact justice to all men, of whatever -state or persuasion, religious or political; peace, commerce, and -honest friendship, with all nations--entangling alliances with -none; the support of the state governments in all their rights, as -the most competent administrations for our domestic concerns -and the surest bulwarks against anti-republican tendencies; the -preservation of the general government in its whole constitutional -vigor, as the sheet anchor of our peace at home and safety -abroad; a jealous care of the right of election by the people--a -mild and safe corrective of abuses which are lopped by the -sword of the revolution where peaceable remedies are unprovided; -absolute acquiescence in the decisions of the majority--the -vital principle of republics, from which there is no appeal but to -force, the vital principle and immediate parent of despotism; a -well-disciplined militia--our best reliance in peace and for the -first moments of war, till regulars may relieve them; the supremacy -of the civil over the military authority; economy in the public -expense, that labor may be lightly burdened; the honest payment -of our debts and sacred preservation of the public faith; -encouragement of agriculture, and of commerce as its handmaid; -the diffusion of information and the arraignment of all abuses at -the bar of public reason; freedom of religion; freedom of the -press; freedom of person under the protection of the _habeas corpus_; -and trial by juries impartially selected--these principles -form the bright constellation which has gone before us, and -guided our steps through an age of revolution and reformation. -The wisdom of our sages and the blood of our heroes have been -devoted to their attainment. They should be the creed of our -political faith--the text of civil instruction--the touchstone by -which to try the services of those we trust; and should we wander -from them in moments of error or alarm, let us hasten to retrace -our steps and to regain the road which alone leads to peace, -liberty, and safety. - -I repair, then, fellow citizens, to the post you have assigned -me. With experience enough in subordinate offices to have seen -the difficulties of this, the greatest of all, I have learned to expect -that it will rarely fall to the lot of imperfect man to retire from -this station with the reputation and the favor which bring him -into it. Without pretensions to that high confidence reposed in -our first and great revolutionary character, whose preëminent -services had entitled him to the first place in his country's love, -and destined for him the fairest page in the volume of faithful -history, I ask so much confidence only as may give firmness and -effect to the legal administration of your affairs. I shall often go -wrong through defect of judgment. When right, I shall often be -thought wrong by those whose positions will not command a -view of the whole ground. I ask your indulgence for my own -errors, which will never be intentional; and your support against -the errors of others, who may condemn what they would not if -seen in all its parts. The approbation implied by your suffrage -is a consolation to me for the past; and my future solicitude will -be to retain the good opinion of those who have bestowed it in -advance, to conciliate that of others by doing them all the good -in my power, and to be instrumental to the happiness and freedom -of all. - -Relying, then, on the patronage of your good will, I advance -with obedience to the work, ready to retire from it whenever -you become sensible how much better choice it is in your power -to make. And may that Infinite Power which rules the destinies -of the universe, lead our councils to what is best, and give -them a favorable issue for your peace and prosperity. - -[In communicating his first message to Congress, President -Jefferson addressed the following letter to the presiding officer of -each branch of the national legislature.] - - December 8, 1801. - -SIR: The circumstances under which we find ourselves placed -rendering inconvenient the mode heretofore practised of making -by personal address the first communication between the legislative -and executive branches, I have adopted that by message, as -used on all subsequent occasions through the session. In doing -this, I have had principal regard to the convenience of the legislature, -to the economy of their time, to their relief from the embarrassment -of immediate answers on subjects not yet fully before -them, and to the benefits thence resulting to the public affairs. -Trusting that a procedure founded in these motives will -meet their approbation, I beg leave, through you, sir, to communicate -the enclosed message, with the documents accompanying it, -to the honorable the senate, and pray you to accept, for yourself -and them, the homage of my high respect and consideration. - -_The Hon. the President of the Senate._ - - -FIRST ANNUAL MESSAGE.--DECEMBER 8, 1801. - -_Fellow Citizens of the Senate and House of Representatives_: - -It is a circumstance of sincere gratification to me that on -meeting the great council of our nation, I am able to announce -to them, on the grounds of reasonable certainty, that the wars -and troubles which have for so many years afflicted our sister -nations have at length come to an end, and that the communications -of peace and commerce are once more opening among them. -While we devoutly return thanks to the beneficent Being who -has been pleased to breathe into them the spirit of conciliation -and forgiveness, we are bound with peculiar gratitude to be -thankful to him that our own peace has been preserved through -so perilous a season, and ourselves permitted quietly to cultivate -the earth and to practice and improve those arts which tend to -increase our comforts. The assurances, indeed, of friendly disposition, -received from all the powers with whom we have principal -relations, had inspired a confidence that our peace with -them would not have been disturbed. But a cessation of the -irregularities which had affected the commerce of neutral nations, -and of the irritations and injuries produced by them, cannot but -add to this confidence; and strengthens, at the same time, the -hope, that wrongs committed on unoffending friends, under a -pressure of circumstances, will now be reviewed with candor, -and will be considered as founding just claims of retribution for -the past and new assurance for the future. - -Among our Indian neighbors, also, a spirit of peace and friendship -generally prevails; and I am happy to inform you that the -continued efforts to introduce among them the implements and -the practice of husbandry, and of the household arts, have not -been without success; that they are becoming more and more -sensible of the superiority of this dependence for clothing and -subsistence over the precarious resources of hunting and fishing; -and already we are able to announce, that instead of that constant -diminution of their numbers, produced by their wars and -their wants, some of them begin to experience an increase of -population. - -To this state of general peace with which we have been -blessed, one only exception exists. Tripoli, the least considerable -of the Barbary States, had come forward with demands -unfounded either in right or in compact, and had permitted itself -to denounce war, on our failure to comply before a given -day. The style of the demand admitted but one answer. I -sent a small squadron of frigates into the Mediterranean, with -assurances to that power of our sincere desire to remain in peace, -but with orders to protect our commerce against the threatened -attack. The measure was seasonable and salutary. The bey -had already declared war in form. His cruisers were out. Two -had arrived at Gibraltar. Our commerce in the Mediterranean -was blockaded, and that of the Atlantic in peril. The arrival -of our squadron dispelled the danger. One of the Tripolitan -cruisers having fallen in with, and engaged the small schooner -Enterprise, commanded by Lieutenant Sterret, which had gone as -a tender to our larger vessels, was captured, after a heavy slaughter -of her men, without the loss of a single one on our part. -The bravery exhibited by our citizens on that element, will, I -trust, be a testimony to the world that it is not the want of that -virtue which makes us seek their peace, but a conscientious desire -to direct the energies of our nation to the multiplication of -the human race, and not to its destruction. Unauthorized by -the constitution, without the sanction of Congress, to go beyond -the line of defence, the vessel being disabled from committing -further hostilities, was liberated with its crew. The legislature -will doubtless consider whether, by authorizing measures of -offence, also, they will place our force on an equal footing with -that of its adversaries. I communicate all material information -on this subject, that in the exercise of the important function -confided by the constitution to the legislature exclusively, their -judgment may form itself on a knowledge and consideration of -every circumstance of weight. - -I wish I could say that our situation with all the other Barbary -states was entirely satisfactory. Discovering that some delays -had taken place in the performance of certain articles stipulated -by us, I thought it my duty, by immediate measures for -fulfilling them, to vindicate to ourselves the right of considering -the effect of departure from stipulation on their side. From the -papers which will be laid before you, you will be enabled to -judge whether our treaties are regarded by them as fixing at all -the measure of their demands, or as guarding from the exercise -of force our vessels within their power; and to consider how far -it will be safe and expedient to leave our affairs with them in -their present posture. - -I lay before you the result of the census lately taken of our -inhabitants, to a conformity with which we are to reduce the -ensuing rates of representation and taxation. You will perceive -that the increase of numbers during the last ten years, proceeding -in geometrical ratio, promises a duplication in little more -than twenty-two years. We contemplate this rapid growth, and -the prospect it holds up to us, not with a view to the injuries it -may enable us to do to others in some future day, but to the settlement -of the extensive country still remaining vacant within -our limits, to the multiplications of men susceptible of happiness, -educated in the love of order, habituated to self-government, and -valuing its blessings above all price. - -Other circumstances, combined with the increase of numbers, -have produced an augmentation of revenue arising from consumption, -in a ratio far beyond that of population alone, and -though the changes of foreign relations now taking place so desirably -for the world, may for a season affect this branch of -revenue, yet, weighing all probabilities of expense, as well as of -income, there is reasonable ground of confidence that we may -now safely dispense with all the internal taxes, comprehending -excises, stamps, auctions, licenses, carriages, and refined sugars, -to which the postage on newspapers may be added, to facilitate -the progress of information, and that the remaining sources of -revenue will be sufficient to provide for the support of government, -to pay the interest on the public debts, and to discharge -the principals in shorter periods than the laws or the general expectations -had contemplated. War, indeed, and untoward -events, may change this prospect of things, and call for expenses -which the imposts could not meet; but sound principles will not -justify our taxing the industry of our fellow citizens to accumulate -treasure for wars to happen we know not when, and which -might not perhaps happen but from the temptations offered by -that treasure. - -These views, however, of reducing our burdens, are formed -on the expectation that a sensible, and at the same time a salutary -reduction, may take place in our habitual expenditures. -For this purpose, those of the civil government, the army, and -navy, will need revisal. - -When we consider that this government is charged with the -external and mutual relations only of these states; that the states -themselves have principal care of our persons, our property, and -our reputation, constituting the great field of human concerns, -we may well doubt whether our organization is not too complicated, -too expensive; whether offices and officers have not been -multiplied unnecessarily, and sometimes injuriously to the service -they were meant to promote. I will cause to be laid before -you an essay toward a statement of those who, under public employment -of various kinds, draw money from the treasury or -from our citizens. Time has not permitted a perfect enumeration, -the ramifications of office being too multiplied and remote -to be completely traced in a first trial. Among those who are -dependent on executive discretion, I have begun the reduction -of what was deemed necessary. The expenses of diplomatic -agency have been considerably diminished. The inspectors of -internal revenue who were found to obstruct the accountability -of the institution, have been discontinued. Several agencies -created by executive authority, on salaries fixed by that also, -have been suppressed, and should suggest the expediency of -regulating that power by law, so as to subject its exercises to -legislative inspection and sanction. Other reformations of the -same kind will be pursued with that caution which is requisite -in removing useless things, not to injure what is retained. But -the great mass of public offices is established by law, and, -therefore, by law alone can be abolished. Should the legislature -think it expedient to pass this roll in review, and try all its parts -by the test of public utility, they may be assured of every aid -and light which executive information can yield. Considering -the general tendency to multiply offices and dependencies, -and to increase expense to the ultimate term of burden which -the citizen can bear, it behooves us to avail ourselves of every -occasion which presents itself for taking off the surcharge; that -it never may be seen here that, after leaving to labor the smallest -portion of its earnings on which it can subsist, government -shall itself consume the residue of what it was instituted to -guard. - -In our care, too, of the public contributions intrusted to our -direction, it would be prudent to multiply barriers against their -dissipation, by appropriating specific sums to every specific purpose -susceptible of definition; by disallowing all applications of -money varying from the appropriation in object, or transcending it -in amount; by reducing the undefined field of contingencies, and -thereby circumscribing discretionary powers over money; and -by bringing back to a single department all accountabilities for -money where the examination may be prompt, efficacious, and -uniform. - -An account of the receipts and expenditures of the last year, -as prepared by the secretary of the treasury, will as usual be laid -before you. The success which has attended the late sales of -the public lands, shows that with attention they may be made an -important source of receipt. Among the payments, those made -in discharge of the principal and interest of the national debt, -will show that the public faith has been exactly maintained. -To these will be added an estimate of appropriations necessary -for the ensuing year. This last will of course be effected by -such modifications of the systems of expense, as you shall think -proper to adopt. - -A statement has been formed by the secretary of war, on mature -consideration, of all the posts and stations where garrisons -will be expedient, and of the number of men requisite for each -garrison. The whole amount is considerably short of the present -military establishment. For the surplus no particular use -can be pointed out. For defence against invasion, their number -is as nothing; nor is it conceived needful or safe that a standing -army should be kept up in time of peace for that purpose. Uncertain -as we must ever be of the particular point in our circumference -where an enemy may choose to invade us, the only force -which can be ready at every point and competent to oppose -them, is the body of neighboring citizens as formed into a militia. -On these, collected from the parts most convenient, in -numbers proportioned to the invading foe, it is best to rely, not -only to meet the first attack, but if it threatens to be permanent, -to maintain the defence until regulars may be engaged to relieve -them. These considerations render it important that we should -at every session continue to amend the defects which from time -to time show themselves in the laws for regulating the militia, -until they are sufficiently perfect. Nor should we now or at any -time separate, until we can say we have done everything for the -militia which we could do were an enemy at our door. - -The provisions of military stores on hand will be laid before -you, that you may judge of the additions still requisite. - -With respect to the extent to which our naval preparations -should be carried, some difference of opinion may be expected to -appear; but just attention to the circumstances of every part of -the Union will doubtless reconcile all. A small force will probably -continue to be wanted for actual service in the Mediterranean. -Whatever annual sum beyond that you may think -proper to appropriate to naval preparations, would perhaps be -better employed in providing those articles which may be kept -without waste or consumption, and be in readiness when any -exigence calls them into use. Progress has been made, as will -appear by papers now communicated, in providing materials for -seventy-four gun ships as directed by law. - -How far the authority given by the legislature for procuring -and establishing sites for naval purposes has been perfectly understood -and pursued in the execution, admits of some doubt. A -statement of the expenses already incurred on that subject, shall -be laid before you. I have in certain cases suspended or slackened -these expenditures, that the legislature might determine -whether so many yards are necessary as have been contemplated. -The works at this place are among those permitted to go on; -and five of the seven frigates directed to be laid up, have been -brought and laid up here, where, besides the safety of their position, -they are under the eye of the executive administration, as -well as of its agents, and where yourselves also will be guided -by your own view in the legislative provisions respecting them -which may from time to time be necessary. They are preserved -in such condition, as well the vessels as whatever belongs to -them, as to be at all times ready for sea on a short warning. -Two others are yet to be laid up so soon as they shall have received -the repairs requisite to put them also into sound condition. -As a superintending officer will be necessary at each -yard, his duties and emoluments, hitherto fixed by the executive, -will be a more proper subject for legislation. A communication -will also be made of our progress in the execution of the law respecting -the vessels directed to be sold. - -The fortifications of our harbors, more or less advanced, present -considerations of great difficulty. While some of them are -on a scale sufficiently proportioned to the advantages of their -position, to the efficacy of their protection, and the importance -of the points within it, others are so extensive, will cost so much -in their first erection, so much in their maintenance, and require -such a force to garrison them, as to make it questionable what is -best now to be done. A statement of those commenced or projected, -of the expenses already incurred, and estimates of their -future cost, so far as can be foreseen, shall be laid before you, -that you may be enabled to judge whether any attention is necessary -in the laws respecting this subject. - -Agriculture, manufactures, commerce, and navigation, the four -pillars of our prosperity, are the most thriving when left most -free to individual enterprise. Protection from casual embarrassments, -however, may sometimes be seasonably interposed. If in -the course of your observations or inquiries they should appear to -need any aid within the limits of our constitutional powers, your -sense of their importance is a sufficient assurance they will occupy -your attention. We cannot, indeed, but all feel an anxious solicitude -for the difficulties under which our carrying trade will -soon be placed. How far it can be relieved, otherwise than by -time, is a subject of important consideration. - -The judiciary system of the United States, and especially that -portion of it recently erected, will of course present itself to the -contemplation of Congress; and that they may be able to judge -of the proportion which the institution bears to the business it -has to perform, I have caused to be procured from the several -States, and now lay before Congress, an exact statement of all -the causes decided since the first establishment of the courts, and -of those which were depending when additional courts and -judges were brought in to their aid. - -And while on the judiciary organization, it will be worthy -your consideration, whether the protection of the inestimable institution -of juries has been extended to all the cases involving the -security of our persons and property. Their impartial selection -also being essential to their value, we ought further to consider -whether that is sufficiently secured in those States where they -are named by a marshal depending on executive will, or designated -by the court or by officers dependent on them. - -I cannot omit recommending a revisal of the laws on the -subject of naturalization. Considering the ordinary chances of -human life, a denial of citizenship under a residence of fourteen -years is a denial to a great proportion of those who ask it, and -controls a policy pursued from their first settlement by many of -these States, and still believed of consequence to their prosperity. -And shall we refuse the unhappy fugitives from distress that hospitality -which the savages of the wilderness extended to our -fathers arriving in this land? Shall oppressed humanity find no -asylum on this globe? The constitution, indeed, has wisely -provided that, for admission to certain offices of important trust, -a residence shall be required sufficient to develop character and -design. But might not the general character and capabilities of -a citizen be safely communicated to every one manifesting a -_bonâ fide_ purpose of embarking his life and fortunes permanently -with us? with restrictions, perhaps, to guard against the fraudulent -usurpation of our flag; an abuse which brings so much -embarrassment and loss on the genuine citizen, and so much -danger to the nation of being involved in war, that no endeavor -should be spared to detect and suppress it. - -These, fellow citizens, are the matters respecting the state of -the nation, which I have thought of importance to be submitted -to your consideration at this time. Some others of less moment, -or not yet ready for communication, will be the subject of separate -messages. I am happy in this opportunity of committing -the arduous affairs of our government to the collected wisdom -of the Union. Nothing shall be wanting on my part to inform, -as far as in my power, the legislative judgment, nor to carry that -judgment into faithful execution. The prudence and temperance -of your discussions will promote, within your own walls, -that conciliation which so much befriends rational conclusion; -and by its example will encourage among our constituents that -progress of opinion which is tending to unite them in object and -in will. That all should be satisfied with any one order of things -is not to be expected, but I indulge the pleasing persuasion that -the great body of our citizens will cordially concur in honest and -disinterested efforts, which have for their object to preserve the -general and State governments in their constitutional form and -equilibrium; to maintain peace abroad, and order and obedience -to the laws at home; to establish principles and practices of administration -favorable to the security of liberty and property, and -to reduce expenses to what is necessary for the useful purposes -of government. - - -SECOND ANNUAL MESSAGE.--DECEMBER 15, 1802. - -_To the Senate and House of Representatives of the United -States_:-- - -When we assemble together, fellow citizens, to consider the -state of our beloved country, our just attentions are first drawn -to those pleasing circumstances which mark the goodness of that -Being from whose favor they flow, and the large measure of -thankfulness we owe for his bounty. Another year has come -around, and finds us still blessed with peace and friendship -abroad; law, order, and religion, at home; good affection and -harmony with our Indian neighbors; our burdens lightened, yet -our income sufficient for the public wants, and the produce of -the year great beyond example. These, fellow citizens, are the -circumstances under which we meet; and we remark with special -satisfaction, those which, under the smiles of Providence, result -from the skill, industry and order of our citizens, managing their -own affairs in their own way and for their own use, unembarrassed -by too much regulations, unoppressed by fiscal exactions. - -On the restoration of peace in Europe, that portion of the general -carrying trade which had fallen to our share during the -war, was abridged by the returning competition of the belligerent -powers. This was to be expected, and was just. But in addition -we find in some parts of Europe monopolizing discriminations, -which, in the form of duties, tend effectually to prohibit -the carrying thither our own produce in our own vessels. From -existing amities, and a spirit of justice, it is hoped that friendly -discussion will produce a fair and adequate reciprocity. But -should false calculations of interest defeat our hope, it rests with -the legislature to decide whether they will meet inequalities -abroad with countervailing inequalities at home, or provide for -the evil in any other way. - -It is with satisfaction I lay before you an act of the British -parliament anticipating this subject so far as to authorize a mutual -abolition of the duties and countervailing duties permitted -under the treaty of 1794. It shows on their part a spirit of justice -and friendly accommodation which it is our duty and our -interest to cultivate with all nations. Whether this would produce -a due equality in the navigation between the two countries, -is a subject for your consideration. - -Another circumstance which claims attention, as directly affecting -the very source of our navigation, is the defect or the -evasion of the law providing for the return of seamen, and particularly -of those belonging to vessels sold abroad. Numbers of -them, discharged in foreign ports, have been thrown on the -hands of our consuls, who, to rescue them from the dangers into -which their distresses might plunge them, and save them to their -country, have found it necessary in some cases to return them at -the public charge. - -The cession of the Spanish province of Louisiana to France, -which took place in the course of the late war, will, if carried -into effect, make a change in the aspect of our foreign relations -which will doubtless have a just weight in any deliberations of -the legislature connected with that subject. - -There was reason, not long since, to apprehend that the warfare -in which we were engaged with Tripoli might be taken up -by some others of the Barbary powers. A reinforcement, therefore, -was immediately ordered to the vessels already there. -Subsequent information, however, has removed these apprehensions -for the present. To secure our commerce in that sea with -the smallest force competent, we have supposed it best to watch -strictly the harbor of Tripoli. Still, however, the shallowness -of their coast, and the want of smaller vessels on our part, has -permitted some cruisers to escape unobserved; and to one of -these an American vessel unfortunately fell a prey. The captain, -one American seamen, and two others of color, remain -prisoners with them unless exchanged under an agreement formerly -made with the bashaw, to whom, on the faith of that, some -of his captive subjects had been restored. - -The convention with the State of Georgia has been ratified -by their legislature, and a repurchase from the Creeks has been -consequently made of a part of the Tallahassee county. In this -purchase has been also comprehended part of the lands within -the fork of Oconee and Oakmulgee rivers. The particulars of -the contract will be laid before Congress so soon as they shall be -in a state for communication. - -In order to remove every ground of difference possible with -our Indian neighbors, I have proceeded in the work of settling -with them and marking the boundaries between us. That with -the Choctaw nation is fixed in one part, and will be through the -whole in a short time. The country to which their title had -been extinguished before the revolution is sufficient to receive a -very respectable population, which Congress will probably see -the expediency of encouraging so soon as the limits shall be declared. -We are to view this position as an outpost of the United -States, surrounded by strong neighbors and distant from its -support. And how far that monopoly which prevents population -should here be guarded against, and actual habitation made -a condition of the continuance of title, will be for your consideration. -A prompt settlement, too, of all existing rights and -claims within this territory, presents itself as a preliminary operation. - -In that part of the Indian territory which includes Vincennes, -the lines settled with the neighboring tribes fix the extinction -of their title at a breadth of twenty-four leagues from east to -west, and about the same length parallel with and including the -Wabash. They have also ceded a tract of four miles square, including -the salt springs near the mouth of the river. - -In the department of finance it is with pleasure I inform you -that the receipts of external duties for the last twelve months -have exceeded those of any former year, and that the ratio of -increase has been also greater than usual. This has enabled us -to answer all the regular exigencies of government, to pay from -the treasury in one year upward of eight millions of dollars, -principal and interest, of the public debt, exclusive of upward -of one million paid by the sale of bank stock, and making in -the whole a reduction of nearly five millions and a half of -principal; and to have now in the treasury four millions and a -half of dollars, which are in a course of application to a further -discharge of debt and current demands. Experience, too, -so far, authorizes us to believe, if no extraordinary event supervenes, -and the expenses which will be actually incurred shall -not be greater than were contemplated by Congress at their last -session, that we shall not be disappointed in the expectations -then formed. But nevertheless, as the effect of peace on the -amount of duties is not yet fully ascertained, it is the more -necessary to practice every useful economy, and to incur no expense -which may be avoided without prejudice. - -The collection of the internal taxes having been completed in -some of the States, the officers employed in it are of course out -of commission. In others, they will be so shortly. But in a -few, where the arrangement for the direct tax had been retarded, -it will still be some time before the system is closed. It has not -yet been thought necessary to employ the agent authorized by -an act of the last session for transacting business in Europe relative -to debts and loans. Nor have we used the power confided -by the same act, of prolonging the foreign debts by reloans, and -of redeeming, instead thereof, an equal sum of the domestic -debt. Should, however, the difficulties of remittances on so -large a scale render it necessary at any time, the power shall be -executed, and the money thus unemployed abroad shall, in conformity -with that law, be faithfully applied here in an equivalent -extinction of domestic debt. When effects so salutary result -from the plans you have already sanctioned, when merely by -avoiding false objects of expense we are able, without a direct -tax, without internal taxes, and without borrowing, to make large -and effectual payments toward the discharge of our public debt -and the emancipation of our posterity from that moral canker, it -is an encouragement, fellow citizens, of the highest order, to -proceed as we have begun, in substituting economy for taxation, -and in pursuing what is useful for a nation placed as we are, -rather than what is practiced by others under different circumstances. -And whensoever we are destined to meet events which -shall call forth all the energies of our countrymen, we have the -firmest reliance on those energies, and the comfort of leaving -for calls like these the extraordinary resources of loans and internal -taxes. In the meantime, by payments of the principal of -our debt, we are liberating, annually, portions of the external -taxes, and forming from them a growing fund still further to -lessen the necessity of recurring to extraordinary resources. - -The usual accounts of receipts and expenditures for the last -year, with an estimate of the expenses of the ensuing one, will -be laid before you by the secretary of the treasury. - -No change being deemed necessary in our military establishment, -an estimate of its expenses for the ensuing year on its -present footing, as also of the sums to be employed in fortifications -and other objects within that department, has been prepared -by the secretary of war, and will make a part of the general -estimates which will be presented to you. - -Considering that our regular troops are employed for local purposes, -and that the militia is our general reliance for great and -sudden emergencies, you will doubtless think this institution -worthy of a review, and give it those improvements of which -you find it susceptible. - -Estimates for the naval department, prepared by the secretary -of the navy for another year, will in like manner be communicated -with the general estimates. A small force in the Mediterranean -will still be necessary to restrain the Tripoline cruisers, -and the uncertain tenure of peace with some other of the Barbary -powers, may eventually require that force to be augmented. -The necessity of procuring some smaller vessels for that service -will raise the estimate, but the difference in their maintenance -will soon make it a measure of economy. - -Presuming it will be deemed expedient to expend annually a -sum towards providing the naval defence which our situation -may require, I cannot but recommend that the first appropriations -for that purpose may go to the saving what we already possess. -No cares, no attentions, can preserve vessels from rapid decay -which lie in water and exposed to the sun. These decays require -great and constant repairs, and will consume, if continued, a -great portion of the money destined to naval purposes. To -avoid this waste of our resources, it is proposed to add to our -navy-yard here a dock, within which our vessels may be laid up -dry and under cover from the sun. Under these circumstances -experience proves that works of wood will remain scarcely at all -affected by time. The great abundance of running water which -this situation possesses, at heights far above the level of the tide, -if employed as is practised for lock navigation, furnishes the -means of raising and laying up our vessels on a dry and sheltered -bed. And should the measure be found useful here, similar depositories -for laying up as well as for building and repairing vessels -may hereafter be undertaken at other navy-yards offering the -same means. The plans and estimates of the work, prepared -by a person of skill and experience, will be presented to you -without delay; and from this it will be seen that scarcely more -than has been the cost of one vessel is necessary to save the -whole, and that the annual sum to be employed toward its completion -may be adapted to the views of the legislature as to naval -expenditure. - -To cultivate peace and maintain commerce and navigation in -all their lawful enterprises; to foster our fisheries and nurseries -of navigation and for the nurture of man, and protect the manufactures -adapted to our circumstances; to preserve the faith of -the nation by an exact discharge of its debts and contracts, expend -the public money with the same care and economy we -would practise with our own, and impose on our citizens no unnecessary -burden; to keep in all things within the pale of our -constitutional powers, and cherish the federal union as the only -rock of safety--these, fellow-citizens, are the landmarks by -which we are to guide ourselves in all our proceedings. By continuing -to make these our rule of action, we shall endear to our -countrymen the true principles of their constitution, and promote -a union of sentiment and of action equally auspicious to their -happiness and safety. On my part, you may count on a cordial -concurrence in every measure for the public good, and on -all the information I possess which may enable you to discharge -to advantage the high functions with which you are invested by -your country. - - -SPECIAL MESSAGE.--JANUARY 28, 1802.[1] - -_Gentlemen of the Senate and House of Representatives_:-- - -I lay before you the accounts of our Indian trading houses, -as rendered up to the first day of January, 1801, with a report -of the secretary of war thereon, explaining the effects and the -situation of that commerce, and the reasons in favor of its farther -extension. But it is believed that the act authorizing this trade -expired so long ago as the 3d of March, 1799. Its revival, therefore, -as well as its extension, is submitted to the consideration of -the legislature. - -The act regulating trade and intercourse with the Indian -tribes will also expire on the 3d day of March next. While on -the subject of its continuance, it will be worthy the consideration -of the legislature, whether the provisions of the law inflicting -on Indians, in certain cases, the punishment of death by -hanging, might not permit its commutation into death by military -execution, the form of the punishment in the former way -being peculiarly repugnant to their ideas, and increasing the obstacles -to the surrender of the criminal. - -These people are becoming very sensible of the baneful effects -produced on their morals, their health and existence, by the -abuse of ardent spirits, and some of them earnestly desire a prohibition -of that article from being carried among them. The -legislature will consider whether the effectuating that desire -would not be in the spirit of benevolence and liberality which -they have hitherto practised toward these our neighbors, and -which has had so happy an effect toward conciliating their -friendship. It has been found too, in experience, that the same -abuse gives frequent rise to incidents tending much to commit -our peace with the Indians. - -It is now become necessary to run and mark the boundaries -between them and us in various parts. The law last mentioned -has authorized this to be done, but no existing appropriation -meets the expense. - -Certain papers, explanatory of the grounds of this communication, -are herewith enclosed. - -FOOTNOTE: - - [1] See Confidential Message recommending a Western Exploring - Expedition in Appendix, p. 241 of this volume. - - -SPECIAL MESSAGE.--FEBRUARY 24, 1803. - -_Gentlemen of the Senate and House of Representatives_:-- - -I lay before you a report of the secretary of state on the case -of the Danish brigantine Henrick, taken by a French privateer -in 1799, retaken by an armed vessel of the United States, carried -into a British island and there adjudged to be neutral, but under -an allowance of such salvage and costs as absorbed nearly the -whole amount of sales of the vessel and cargo. Indemnification -for these losses, occasioned by our officers, is now claimed -by the sufferers, supported by the representation of their government. -I have no doubt the legislature will give to the subject -that just attention and consideration which it is useful as well as -honorable to practise in our transactions with other nations, and -particularly with one which has observed toward us the most -friendly treatment and regard. - - -THIRD ANNUAL MESSAGE.--OCTOBER 17, 1803. - -_To the Senate and House of Representatives of the United -States_:-- - -In calling you together, fellow citizens, at an earlier day than -was contemplated by the act of the last session of Congress, I -have not been insensible to the personal inconveniences necessarily -resulting from an unexpected change in your arrangements. -But matters of great public concernment have rendered this call -necessary, and the interest you feel in these will supersede in -your minds all private considerations. - -Congress witnessed, at their last session, the extraordinary agitation -produced in the public mind by the suspension of our right -of deposit at the port of New Orleans, no assignment of another -place having been made according to treaty. They were sensible -that the continuance of that privation would be more injurious -to our nation than any consequences which could flow -from any mode of redress, but reposing just confidence in the -good faith of the government whose officer had committed the -wrong, friendly and reasonable representations were resorted to, -and the right of deposit was restored. - -Previous, however, to this period, we had not been unaware -of the danger to which our peace would be perpetually exposed -while so important a key to the commerce of the western country -remained under foreign power. Difficulties, too, were presenting -themselves as to the navigation of other streams, which, -arising within our territories, pass through those adjacent. Propositions -had, therefore, been authorized for obtaining, on fair -conditions, the sovereignty of New Orleans, and of other possessions -in that quarter interesting to our quiet, to such extent as was -deemed practicable; and the provisional appropriation of two -millions of dollars, to be applied and accounted for by the president -of the United States, intended as part of the price, was considered -as conveying the sanction of Congress to the acquisition -proposed. The enlightened government of France saw, with -just discernment, the importance to both nations of such liberal -arrangements as might best and permanently promote the peace, -friendship, and interests of both; and the property and sovereignty -of all Louisiana, which had been restored to them, have on certain -conditions been transferred to the United States by instruments -bearing date the 30th of April last. When these shall -have received the constitutional sanction of the senate, they will -without delay be communicated to the representatives also, for -the exercise of their functions, as to those conditions which are -within the powers vested by the constitution in Congress. While -the property and sovereignty of the Mississippi and its waters secure -an independent outlet for the produce of the western States, -and an uncontrolled navigation through their whole course, free -from collision with other powers and the dangers to our peace -from that source, the fertility of the country, its climate and extent, -promise in due season important aids to our treasury, an -ample provision for our posterity, and a wide-spread field for the -blessings of freedom and equal laws. - -With the wisdom of Congress it will rest to take those ulterior -measures which may be necessary for the immediate occupation -and temporary government of the country; for its incorporation -into our Union; for rendering the change of government a blessing -to our newly-adopted brethren; for securing to them the -rights of conscience and of property; for confirming to the Indian -inhabitants their occupancy and self-government, establishing -friendly and commercial relations with them, and for ascertaining -the geography of the country acquired. Such materials -for your information, relative to its affairs in general, as the short -space of time has permitted me to collect, will be laid before you -when the subject shall be in a state for your consideration. - -Another important acquisition of territory has also been made -since the last session of Congress. The friendly tribe of Kaskaskia -Indians with which we have never had a difference, reduced -by the wars and wants of savage life to a few individuals -unable to defend themselves against the neighboring tribes, has -transferred its country to the United States, reserving only for its -members what is sufficient to maintain them in an agricultural -way. The considerations stipulated are, that we shall extend -to them our patronage and protection, and give them certain annual -aids in money, in implements of agriculture, and other articles -of their choice. This country, among the most fertile -within our limits, extending along the Mississippi from the -mouth of the Illinois to and up the Ohio, though not so necessary -as a barrier since the acquisition of the other bank, may yet -be well worthy of being laid open to immediate settlement, as -its inhabitants may descend with rapidity in support of the lower -country should future circumstances expose that to foreign enterprize. -As the stipulations in this treaty also involve matters -within the competence of both houses only, it will be laid before -Congress as soon as the senate shall have advised its ratification. - -With many other Indian tribes, improvements in agriculture -and household manufacture are advancing, and with all our -peace and friendship are established on grounds much firmer -than heretofore. The measure adopted of establishing trading -houses among them, and of furnishing them necessaries in exchange -for their commodities, at such moderated prices as leave -no gain, but cover us from loss, has the most conciliatory and -useful effect upon them, and is that which will best secure their -peace and good will. - -The small vessels authorized by Congress with a view to the -Mediterranean service, have been sent into that sea, and will be -able more effectually to confine the Tripoline cruisers within -their harbors, and supersede the necessity of convoy to our commerce -in that quarter. They will sensibly lessen the expenses -of that service the ensuing year. - -A further knowledge of the ground in the north-eastern and -north-western angles of the United States has evinced that the -boundaries established by the treaty of Paris, between the British -territories and ours in those parts, were too imperfectly described -to be susceptible of execution. It has therefore been -thought worthy of attention, for preserving and cherishing the -harmony and useful intercourse subsisting between the two nations, -to remove by timely arrangements what unfavorable incidents -might otherwise render a ground of future misunderstanding. -A convention has therefore been entered into, which provides -for a practicable demarkation of those limits to the satisfaction -of both parties. - -An account of the receipts and expenditures of the year ending -30th September last, with the estimates for the service of the -ensuing year, will be laid before you by the secretary of the -treasury so soon as the receipts of the last quarter shall be returned -from the more distant States. It is already ascertained -that the amount paid into the treasury for that year has been between -eleven and twelve millions of dollars, and that the revenue -accrued during the same term exceeds the sum counted on as -sufficient for our current expenses, and to extinguish the public -debt within the period heretofore proposed. - -The amount of debt paid for the same year is about three -millions one hundred thousand dollars, exclusive of interest, and -making, with the payment of the preceding year, a discharge of -more than eight millions and a half of dollars of the principal of -that debt, besides the accruing interest; and there remain in the -treasury nearly six millions of dollars. Of these, eight hundred -and eighty thousand have been reserved for payment of the first -instalment due under the British convention of January 8th, -1802, and two millions are what have been before mentioned as -placed by Congress under the power and accountability of the -president, toward the price of New Orleans and other territories -acquired, which, remaining untouched, are still applicable to -that object, and go in diminution of the sum to be funded for it. - -Should the acquisition of Louisiana be constitutionally confirmed -and carried into effect, a sum of nearly thirteen millions of -dollars will then be added to our public debt, most of which is -payable after fifteen years; before which term the present existing -debts will all be discharged by the established operation of -the sinking fund. When we contemplate the ordinary annual -augmentation of imposts from increasing population and wealth, -the augmentation of the same revenue by its extension to the -new acquisition, and the economies which may still be introduced -into our public expenditures, I cannot but hope that Congress -in reviewing their resources will find means to meet the -intermediate interests of this additional debt without recurring -to new taxes, and applying to this object only the ordinary -progression of our revenue. Its extraordinary increase in times -of foreign war will be the proper and sufficient fund for any -measures of safety or precaution which that state of things may -render necessary in our neutral position. - -Remittances for the instalments of our foreign debt having -been found practicable without loss, it has not been thought expedient -to use the power given by a former act of Congress of -continuing them by reloans, and of redeeming instead thereof -equal sums of domestic debt, although no difficulty was found -in obtaining that accommodation. - -The sum of fifty thousand dollars appropriated by Congress -for providing gun-boats, remains unexpended. The favorable -and peaceful turn of affairs on the Mississippi rendered an immediate -execution of that law unnecessary, and time was desirable -in order that the institution of that branch of our force might -begin on models the most approved by experience. The same -issue of events dispensed with a resort to the appropriation of a -million and a half of dollars contemplated for purposes which -were effected by happier means. - -We have seen with sincere concern the flames of war lighted -up again in Europe, and nations with which we have the most -friendly and useful relations engaged in mutual destruction. -While we regret the miseries in which we see others involved, -let us bow with gratitude to that kind Providence which, inspiring -with wisdom and moderation our late legislative councils -while placed under the urgency of the greatest wrongs, -guarded us from hastily entering into the sanguinary contest, and -left us only to look on and to pity its ravages. These will be -heaviest on those immediately engaged. Yet the nations pursuing -peace will not be exempt from all evil. In the course of -this conflict, let it be our endeavor, as it is our interest and desire, -to cultivate the friendship of the belligerent nations by -every act of justice and of incessant kindness; to receive their -armed vessels with hospitality from the distresses of the sea, but -to administer the means of annoyance to none; to establish in -our harbors such a police as may maintain law and order; to restrain -our citizens from embarking individually in a war in -which their country takes no part; to punish severely those persons, -citizen or alien, who shall usurp the cover of our flag for -vessels not entitled to it, infecting thereby with suspicion those -of real Americans, and committing us into controversies for the -redress of wrongs not our own; to exact from every nation the -observance, toward our vessels and citizens, of those principles -and practices which all civilized people acknowledge; to merit -the character of a just nation, and maintain that of an independent -one, preferring every consequence to insult and habitual -wrong. Congress will consider whether the existing laws enable -us efficaciously to maintain this course with our citizens in -all places, and with others while within the limits of our jurisdiction, -and will give them the new modifications necessary for -these objects. Some contraventions of right have already taken -place, both within our jurisdictional limits and on the high seas. -The friendly disposition of the governments from whose agents -they have proceeded, as well as their wisdom and regard for justice, -leave us in reasonable expectation that they will be rectified -and prevented in future; and that no act will be countenanced -by them which threatens to disturb our friendly intercourse. -Separated by a wide ocean from the nations of Europe, and -from the political interests which entangle them together, with -productions and wants which render our commerce and friendship -useful to them and theirs to us, it cannot be the interest of -any to assail us, nor ours to disturb them. We should be most -unwise, indeed, were we to cast away the singular blessings of -the position in which nature has placed us, the opportunity she -has endowed us with of pursuing, at a distance from foreign -contentions, the paths of industry, peace, and happiness; of -cultivating general friendship, and of bringing collisions of interest -to the umpirage of reason rather than of force. How desirable -then must it be, in a government like ours, to see its citizens -adopt individually the views, the interests, and the conduct -which their country should pursue, divesting themselves of those -passions and partialities which tend to lessen useful friendships, -and to embarrass and embroil us in the calamitous scenes of -Europe. Confident, fellow citizens, that you will duly estimate -the importance of neutral dispositions toward the observance of -neutral conduct, that you will be sensible how much it is our -duty to look on the bloody arena spread before us with commiseration -indeed, but with no other wish than to see it closed, I am -persuaded you will cordially cherish these dispositions in all discussions -among yourselves, and in all communications with your -constituents; and I anticipate with satisfaction the measures of -wisdom which the great interests now committed to _you_ will -give you an opportunity of providing, and _myself_ that of approving -and carrying into execution with the fidelity I owe to -my country. - - -SPECIAL MESSAGE.--OCTOBER 21, 1803. - -_To the Senate and House of Representatives of the United -States_:-- - -In my communication to you of the 17th instant, I informed -you that conventions had been entered into with the government -of France for the cession of Louisiana to the United -States. These, with the advice and consent of the Senate, -having now been ratified, and my ratification exchanged for -that of the first consul of France in due form, they are communicated -to you for consideration in your legislative capacity. -You will observe that some important conditions cannot be carried -into execution, but with the aid of the legislature; and that -time presses a decision on them without delay. - -The ulterior provisions, also suggested in the same communication, -for the occupation and government of the country, will -call for early attention. Such information relative to its government, -as time and distance have enabled me to obtain, will be -ready to be laid before you within a few days. But, as permanent -arrangements for this object may require time and deliberation, -it is for your consideration whether you will not, forthwith, -make such temporary provisions for the preservation, in the -meanwhile, of order and tranquillity in the country, as the case -may require. - - -SPECIAL MESSAGE.--NOVEMBER 4, 1803. - -_To the Senate and House of Representatives of the United -States_:-- - -By the copy now communicated of a letter from Captain Bainbridge -of the Philadelphia frigate, to our consul at Gibraltar, -you will learn that an act of hostility has been committed on a -merchant vessel of the United States by an armed ship of the -Emperor of Morocco. This conduct on the part of that power -is without cause and without explanation. It is fortunate that -Captain Bainbridge fell in with and took the capturing vessel -and her prize; and I have the satisfaction to inform you, that -about the date of this transaction such a force would be arriving -in the neighborhood of Gibraltar, both from the east and the -west, as leaves less to be feared for our commerce from the suddenness -of the aggression. - -On the 4th of September, the Constitution frigate, Captain -Preble, with Mr. Lear on board, was within two days' sail of -Gibraltar, where the Philadelphia would then be arrived with -her prize, and such explanations would probably be instituted as -the state of thing required, and as might perhaps arrest the progress -of hostilities. - -In the meanwhile it is for Congress to consider the provisional -authorities which may be necessary to restrain the depredations -of this power, should they be continued. - - -SPECIAL MESSAGE.--NOVEMBER 25, 1803. - -_To the Senate and House of Representatives of the United -States_:-- - -The treaty with the Kaskaskia Indians being ratified with -the advice and consent of the Senate, it is now laid before both -houses, in their legislative capacity. It will inform them of the -obligations which the United States thereby contract, and particularly -that of taking the tribe under their future protection; -and that the ceded country is submitted to their immediate possession -and disposal. - - -SPECIAL MESSAGE.--DECEMBER 5, 1803. - -_To the Senate and House of Representatives of the United -States_:-- - -I have the satisfaction to inform you that the act of hostility -mentioned in my message of the 4th of November to have -been committed by a cruiser of the emperor of Morocco on a -vessel of the United States, has been disavowed by the emperor. -All difficulties in consequence thereof have been amicably adjusted, -and the treaty of 1786, between this country and that, -has been recognized and confirmed by the emperor, each party -restoring to the other what had been detained or taken. I enclose -the emperor's orders given on this occasion. - -The conduct of our officers generally, who have had a part in -these transactions, has merited entire approbation. - -The temperate and correct course pursued by our consul, Mr. -Simpson, the promptitude and energy of Commodore Preble, the -efficacious co-operation of Captains Rodgers and Campbell of -the returning squadron, the proper decision of Captain Bainbridge -that a vessel which had committed an open hostility was -of right to be detained for inquiry and consideration, and the -general zeal of the other officers and men, are honorable facts -which I make known with pleasure. And to these I add what -was indeed transacted in another quarter--the gallant enterprise -of Captain Rodgers in destroying, on the coast of Tripoli, a corvette -of that power, of twenty-two guns. - -I recommended to the consideration of Congress a just indemnification -for the interest acquired by the captors of the -Mishouda and Mirboha, yielded by them for the public accommodation. - - -SPECIAL MESSAGE.--JANUARY 16, 1804. - -_To the Senate and House of Representatives of the United -States_:-- - -In execution of the act of the present session of Congress -for taking possession of Louisiana, as ceded to us by France, and -for the temporary government thereof, Governor Claiborne, of -the Mississippi territory, and General Wilkinson, were appointed -commissioners to receive possession. They proceeded with such -regular troops as had been assembled at Fort Adams, from the -nearest posts, and with some militia of the Mississippi territory, -to New Orleans. To be prepared for anything unexpected, -which might arise out of the transaction, a respectable body of -militia was ordered to be in readiness, in the States of Ohio, -Kentucky, and Tennessee, and a part of those of Tennessee -was moved on to Natchez. No occasion, however, arose for -their services. Our commissioners, on their arrival at New Orleans, -found the province already delivered by the commissaries -of Spain to that of France, who delivered it over to them on -the twentieth day of December, as appears by their declaratory -act accompanying it. Governor Claiborne being duly invested -with the powers heretofore exercised by the governor and intendant -of Louisiana, assumed the government on the same day, -and for the maintenance of law and order, immediately issued -the proclamation and address now communicated. - -On this important acquisition, so favorable to the immediate -interests of our western citizens, so auspicious to the peace and -security of the nation in general, which adds to our country territories -so extensive and fertile, and to our citizens new brethren -to partake of the blessings of freedom and self-government, I offer -to Congress and the country, my sincere congratulations. - - -SPECIAL MESSAGE.--MARCH 20, 1804. - -_To the Senate and House of Representatives of the United -States_:-- - -I communicate to Congress, a letter received from Captain -Bainbridge, commander of the Philadelphia frigate, informing us -of the wreck of that vessel on the coast of Tripoli, and that himself, -his officers, and men, had fallen into the hands of the Tripolitans. -This accident renders it expedient to increase our -force, and enlarge our expenses in the Mediterranean beyond -what the last appropriation for the naval service contemplated. -I recommend, therefore, to the consideration of Congress, such -an addition to that appropriation as they may think the exigency -requires. - - -FOURTH ANNUAL MESSAGE.--NOVEMBER 8, 1804. - -_To the Senate and House of Representatives of the United -States_:-- - -To a people, fellow citizens, who sincerely desire the happiness -and prosperity of other nations; to those who justly calculate -that their own well-being is advanced by that of the nations -with which they have intercourse, it will be a satisfaction to observe -that the war which was lighted up in Europe a little before -our last meeting has not yet extended its flames to other nations, -nor been marked by the calamities which sometimes stain -the footsteps of war. The irregularities too on the ocean, which -generally harass the commerce of neutral nations, have, in distant -parts, disturbed ours less than on former occasions. But in the -American seas they have been greater from peculiar causes; and -even within our harbors and jurisdiction, infringements on the -authority of the laws have been committed which have called -for serious attention. The friendly conduct of the governments -from whose officers and subjects these acts have proceeded, in -other respects and in places more under their observation and -control, gives us confidence that our representations on this subject -will have been properly regarded. - -While noticing the irregularities committed on the ocean by -others, those on our own part should not be omitted nor left unprovided -for. Complaints have been received that persons residing -within the United States have taken on themselves to arm -merchant vessels, and to force a commerce into certain ports and -countries in defiance of the laws of those countries. That individuals -should undertake to wage private war, independently -of the authority of their country, cannot be permitted in a well-ordered -society. Its tendency to produce aggression on the laws -and rights of other nations, and to endanger the peace of our -own is so obvious, that I doubt not you will adopt measures for -restraining it effectually in future. - -Soon after the passage of the act of the last session, authorizing -the establishment of a district and port of entry on the waters -of the Mobile, we learnt that its object was misunderstood on -the part of Spain. Candid explanations were immediately given, -and assurances that, reserving our claims in that quarter as a subject -of discussion and arrangement with Spain, no act was meditated, -in the meantime, inconsistent with the peace and friendship -existing between the two nations, and that conformably to these -intentions would be the execution of the law. That government -had, however, thought proper to suspend the ratification of the -convention of 1802. But the explanations which would reach -them soon after, and still more, the confirmation of them by the -tenor of the instrument establishing the port and district, may -reasonably be expected to replace them in the dispositions and -views of the whole subject which originally dictated the conviction. - -I have the satisfaction to inform you that the objections which -had been urged by that government against the validity of our -title to the country of Louisiana have been withdrawn, its exact -limits, however, remaining still to be settled between us. And -to this is to be added that, having prepared and delivered the -stock created in execution of the convention of Paris, of April -30, 1803, in consideration of the cession of that country, we -have received from the government of France an acknowledgment, -in due form, of the fulfilment of that stipulation. - -With the nations of Europe in general our friendship and intercourse -are undisturbed, and from the governments of the belligerent -powers especially we continue to receive those friendly -manifestations which are justly due to an honest neutrality, and -to such good offices consistent with that as we have opportunities -of rendering. - -The activity and success of the small force employed in the -Mediterranean in the early part of the present year, the reinforcement -sent into that sea, and the energy of the officers having -command in the several vessels, will, I trust, by the sufferings -of war, reduce the barbarians of Tripoli to the desire of -peace on proper terms. Great injury, however, ensues to ourselves -as well as to others interested, from the distance to which -prizes must be brought for adjudication, and from the impracticability -of bringing hither such as are not seaworthy. - -The bey of Tunis having made requisitions unauthorized by -our treaty, their rejection has produced from him some expressions -of discontent. But to those who expect us to calculate -whether a compliance with unjust demands will not cost us less -than a war, we must leave as a question of calculation for them, -also, whether to retire from unjust demands will not cost them -less than a war. We can do to each other very sensible injuries -by war, but the mutual advantages of peace make that the best -interest of both. - -Peace and intercourse with the other powers on the same -coast continue on the footing on which they are established by -treaty. - -In pursuance of the act providing for the temporary government -of Louisiana, the necessary officers for the territory of -Orleans were appointed in due time, to commence the exercise -of their functions on the first day of October. The distance, -however, of some of them, and indispensable previous arrangements, -may have retarded its commencement in some of its -parts; the form of government thus provided having been considered -but as temporary, and open to such improvements as -further information of the circumstances of our brethren there -might suggest, it will of course be subject to your consideration. - -In the district of Louisiana, it has been thought best to adopt -the division into subordinate districts, which had been established -under its former government. These being five in number, -a commanding officer has been appointed to each, according to -the provision of the law, and so soon as they can be at their station, -that district will also be in its due state of organization; -in the meantime their places are supplied by the officers before -commanding there. The functions of the governor and judges -of Indiana have commenced; the government, we presume, is -proceeding in its new form. The lead mines in that district offer -so rich a supply of that metal, as to merit attention. The report -now communicated will inform you of their state, and of -the necessity of immediate inquiry into their occupation and -titles. - -With the Indian tribes established within our newly-acquired -limits, I have deemed it necessary to open conferences for the -purpose of establishing a good understanding and neighborly relations -between us. So far as we have yet learned, we have -reason to believe that their dispositions are generally favorable -and friendly; and with these dispositions on their part, we have -in our own hands means which cannot fail us for preserving -their peace and friendship. By pursuing a uniform course of -justice toward them, by aiding them in all the improvements -which may better their condition, and especially by establishing -a commerce on terms which shall be advantageous to them and -only not losing to us, and so regulated as that no incendiaries of -our own or any other nation may be permitted to disturb the natural -effects of our just and friendly offices, we may render ourselves -so necessary to their comfort and prosperity, that the protection -of our citizens from their disorderly members will become -their interest and their voluntary care. Instead, therefore, of an -augmentation of military force proportioned to our extension of -frontier, I proposed a moderate enlargement of the capital employed -in that commerce, as a more effectual, economical, and -humane instrument for preserving peace and good neighborhood -with them. - -On this side the Mississippi an important relinquishment of -native title has been received from the Delawares. That tribe, -desiring to extinguish in their people the spirit of hunting, and -to convert superfluous lands into the means of improving what -they retain, have ceded to us all the country between the Wabash -and the Ohio, south of, and including the road from the -rapids towards Vincennes, for which they are to receive annuities -in animals and implements for agriculture, and in other -necessaries. This acquisition is important, not only for its extent -and fertility, but as fronting three hundred miles on the -Ohio, and near half that on the Wabash. The produce of the settled -countries descending those rivers, will no longer pass in review -of the Indian frontier but in a small portion, and with the -cession heretofore made with the Kaskaskias, nearly consolidates -our possessions north of the Ohio, in a very respectable breadth, -from Lake Erie to the Mississippi. The Piankeshaws having -some claim to the country ceded by the Delawares, it has been -thought best to quiet that by fair purchase also. So soon as the -treaties on this subject shall have received their constitutional -sanctions, they shall be laid before both houses. - -The act of Congress of February 28th, 1803, for building and -employing a number of gun-boats, is now in a course of execution -to the extent there provided for. The obstacle to naval enterprise -which vessels of this construction offer for our seaport -towns; their utility toward supporting within our waters the -authority of the laws; the promptness with which they will be -manned by the seamen and militia of the place the moment -they are wanting; the facility of their assembling from different -parts of the coast to any point where they are required in greater -force than ordinary; the economy of their maintenance and preservation -from decay when not in actual service; and the competence -of our finances to this defensive provision, without any -new burden, are considerations which will have due weight -with Congress in deciding on the expediency of adding to their -number from year to year, as experience shall test their utility, -until all our important harbors, by these and auxiliary means, -shall be insured against insult and opposition to the laws. - -No circumstance has arisen since your last session which calls -for any augmentation of our regular military force. Should any -improvement occur in the militia system, that will be always -seasonable. - -Accounts of the receipts and expenditures of the last year, -with estimates for the ensuing one, will as usual be laid before -you. - -The state of our finances continue to fulfil our expectations. -Eleven millions and a half of dollars, received in the course of -the year ending on the 30th of September last, have enabled us, -after meeting all the ordinary expenses of the year, to pay upward -of $3,600,000 of the public debt, exclusive of interest. -This payment, with those of the two preceding years, has extinguished -upward of twelve millions of the principal, and a greater -sum of interest, within that period; and by a proportional diminution -of interest, renders already sensible the effect of the -growing sum yearly applicable to the discharge of the principal. - -It is also ascertained that the revenue accrued during the last -year, exceeds that of the preceding; and the probable receipts -of the ensuing year may safely be relied on as sufficient, with -the sum already in the treasury, to meet all the current demands -of the year, to discharge upward of three millions and a half of -the engagements incurred under the British and French conventions, -and to advance in the farther redemption of the funded -debts as rapidly as had been contemplated. These, fellow -citizens, are the principal matters which I have thought it necessary -at this time to communicate for your consideration and -attention. Some others will be laid before you in the course of -the session, but in the discharge of the great duties confided to -you by our country, you will take a broader view of the field of -legislation. Whether the great interests of agriculture, manufactures, -commerce, or navigation, can, within the pale of your -constitutional powers, be aided in any of their relations; whether -laws are provided in all cases where they are wanting; whether -those provided are exactly what they should be; whether any -abuses take place in their administration, or in that of the public -revenues; whether the organization of the public agents or of -the public force is perfect in all its parts; in fine, whether anything -can be done to advance the general good, are questions -within the limits of your functions which will necessarily occupy -your attention. In these and other matters which you in your -wisdom may propose for the good of our country, you may -count with assurance on my hearty co-operation and faithful -execution. - - -SECOND INAUGURAL ADDRESS.--MARCH 4, 1805. - -Proceeding, fellow citizens, to that qualification which the -constitution requires, before my entrance on the charge again -conferred upon me, it is my duty to express the deep sense I entertain -of this new proof of confidence from my fellow citizens -at large, and the zeal with which it inspires me, so to conduct -myself as may best satisfy their just expectations. - -On taking this station on a former occasion, I declared the -principles on which I believed it my duty to administer the affairs -of our commonwealth. My conscience tells me that I have, -on every occasion, acted up to that declaration, according to its -obvious import, and to the understanding of every candid mind. - -In the transaction of your foreign affairs, we have endeavored -to cultivate the friendship of all nations, and especially of those -with which we have the most important relations. We have -done them justice on all occasions, favored where favor was lawful, -and cherished mutual interests and intercourse on fair and -equal terms. We are firmly convinced, and we act on that conviction, -that with nations, as with individuals, our interests -soundly calculated, will ever be found inseparable from our moral -duties; and history bears witness to the fact, that a just nation is -taken on its word, when recourse is had to armaments and wars -to bridle others. - -At home, fellow citizens, you best know whether we have -done well or ill. The suppression of unnecessary offices, of useless -establishments and expenses, enabled us to discontinue our -internal taxes. These covering our land with officers, and opening -our doors to their intrusions, had already begun that process -of domiciliary vexation which, once entered, is scarcely to be -restrained from reaching successively every article of produce -and property. If among these taxes some minor ones fell which -had not been inconvenient, it was because their amount would -not have paid the officers who collected them, and because, if -they had any merit, the state authorities might adopt them, instead -of others less approved. - -The remaining revenue on the consumption of foreign articles, -is paid cheerfully by those who can afford to add foreign luxuries -to domestic comforts, being collected on our seaboards and -frontiers only, and incorporated with the transactions of our mercantile -citizens, it may be the pleasure and pride of an American -to ask, what farmer, what mechanic, what laborer, ever sees a -tax-gatherer of the United States? These contributions enable -us to support the current expenses of the government, to fulfil -contracts with foreign nations, to extinguish the native right of -soil within our limits, to extend those limits, and to apply such -a surplus to our public debts, as places at a short day their final -redemption, and that redemption once effected, the revenue -thereby liberated may, by a just repartition among the states, and -a corresponding amendment of the constitution, be applied, _in -time of peace_, to rivers, canals, roads, arts, manufactures, education, -and other great objects within each state. _In time of war_, -if injustice, by ourselves or others, must sometimes produce war, -increased as the same revenue will be increased by population -and consumption, and aided by other resources reserved for that -crisis, it may meet within the year all the expenses of the year, -without encroaching on the rights of future generations, by burdening -them with the debts of the past. War will then be but -a suspension of useful works, and a return to a state of peace, a -return to the progress of improvement. - -I have said, fellow citizens, that the income reserved had enabled -us to extend our limits; but that extension may possibly -pay for itself before we are called on, and in the meantime, may -keep down the accruing interest; in all events, it will repay the -advances we have made. I know that the acquisition of Louisiana -has been disapproved by some, from a candid apprehension -that the enlargement of our territory would endanger its union. -But who can limit the extent to which the federative principle -may operate effectively? The larger our association, the less -will it be shaken by local passions; and in any view, is it not better -that the opposite bank of the Mississippi should be settled by -our own brethren and children, than by strangers of another family? -With which shall we be most likely to live in harmony -and friendly intercourse? - -In matters of religion, I have considered that its free exercise -is placed by the constitution independent of the powers of the -general government. I have therefore undertaken, on no occasion, -to prescribe the religious exercises suited to it; but have -left them, as the constitution found them, under the direction -and discipline of state or church authorities acknowledged by -the several religious societies. - -The aboriginal inhabitants of these countries I have regarded -with the commiseration their history inspires. Endowed with -the faculties and the rights of men, breathing an ardent love of -liberty and independence, and occupying a country which left -them no desire but to be undisturbed, the stream of overflowing -population from other regions directed itself on these shores; -without power to divert, or habits to contend against, they have -been overwhelmed by the current, or driven before it; now reduced -within limits too narrow for the hunter's state, humanity -enjoins us to teach them agriculture and the domestic arts; to -encourage them to that industry which alone can enable them -to maintain their place in existence, and to prepare them in time -for that state of society, which to bodily comforts adds the improvement -of the mind and morals. We have therefore liberally -furnished them with the implements of husbandry and household -use; we have placed among them instructors in the arts of -first necessity; and they are covered with the ægis of the law -against aggressors from among ourselves. - -But the endeavors to enlighten them on the fate which awaits -their present course of life, to induce them to exercise their -reason, follow its dictates, and change their pursuits with the -change of circumstances, have powerful obstacles to encounter; -they are combated by the habits of their bodies, prejudice of -their minds, ignorance, pride, and the influence of interested and -crafty individuals among them, who feel themselves something -in the present order of things, and fear to become nothing in any -other. These persons inculcate a sanctimonious reverence for -the customs of their ancestors; that whatsoever they did, must -be done through all time; that reason is a false guide, and to advance -under its counsel, in their physical, moral, or political -condition, is perilous innovation; that their duty is to remain as -their Creator made them, ignorance being safety, and knowledge -full of danger; in short, my friends, among them is seen the -action and counteraction of good sense and bigotry; they, too, -have their anti-philosophers, who find an interest in keeping -things in their present state, who dread reformation, and exert -all their faculties to maintain the ascendency of habit over the -duty of improving our reason, and obeying its mandates. - -In giving these outlines, I do not mean, fellow citizens, to arrogate -to myself the merit of the measures; that is due, in the -first place, to the reflecting character of our citizens at large, -who, by the weight of public opinion, influence and strengthen -the public measures; it is due to the sound discretion with which -they select from among themselves those to whom they confide -the legislative duties; it is due to the zeal and wisdom of the -characters thus selected, who lay the foundations of public happiness -in wholesome laws, the execution of which alone remains -for others; and it is due to the able and faithful auxiliaries, whose -patriotism has associated with me in the executive functions. - -During this course of administration, and in order to disturb -it, the artillery of the press has been levelled against us, charged -with whatsoever its licentiousness could devise or dare. These -abuses of an institution so important to freedom and science, are -deeply to be regretted, inasmuch as they tend to lessen its usefulness, -and to sap its safety; they might, indeed, have been -corrected by the wholesome punishments reserved and provided -by the laws of the several States against falsehood and defamation; -but public duties more urgent press on the time of public -servants, and the offenders have therefore been left to find their -punishment in the public indignation. - -Nor was it uninteresting to the world, that an experiment -should be fairly and fully made, whether freedom of discussion, -unaided by power, is not sufficient for the propagation and protection -of truth--whether a government, conducting itself in the -true spirit of its constitution, with zeal and purity, and doing no -act which it would be unwilling the whole world should witness, -can be written down by falsehood and defamation. The -experiment has been tried; you have witnessed the scene; our -fellow citizens have looked on, cool and collected; they saw the -latent source from which these outrages proceeded; they gathered -around their public functionaries, and when the constitution called -them to the decision by suffrage, they pronounced their verdict, -honorable to those who had served them, and consolatory to the -friend of man, who believes he may be intrusted with his own -affairs. - -No inference is here intended, that the laws, provided by the -State against false and defamatory publications, should not be -enforced; he who has time, renders a service to public morals -and public tranquillity, in reforming these abuses by the salutary -coercions of the law; but the experiment is noted, to prove that, -since truth and reason have maintained their ground against false -opinions in league with false facts, the press, confined to truth, -needs no other legal restraint; the public judgment will correct -false reasonings and opinions, on a full hearing of all parties; -and no other definite line can be drawn between the inestimable -liberty of the press and its demoralizing licentiousness. If there -be still improprieties which this rule would not restrain, its supplement -must be sought in the censorship of public opinion. - -Contemplating the union of sentiment now manifested so generally, -as auguring harmony and happiness to our future course, -I offer to our country sincere congratulations. With those, too, -not yet rallied to the same point, the disposition to do so is gaining -strength; facts are piercing through the veil drawn over them; -and our doubting brethren will at length see, that the mass of -their fellow citizens, with whom they cannot yet resolve to act, -as to principles and measures, think as they think, and desire -what they desire; that our wish, as well as theirs, is, that the -public efforts may be directed honestly to the public good, that -peace be cultivated, civil and religious liberty unassailed, law and -order preserved, equality of rights maintained, and that state of -property, equal or unequal, which results to every man from his -own industry, or that of his fathers. When satisfied of these -views, it is not in human nature that they should not approve -and support them; in the meantime, let us cherish them with -patient affection; let us do them justice, and more than justice, -in all competitions of interest; and we need not doubt that truth, -reason, and their own interests, will at length prevail, will gather -them into the fold of their country, and will complete their entire -union of opinion, which gives to a nation the blessing of harmony, -and the benefit of all its strength. - -I shall now enter on the duties to which my fellow citizens -have again called me, and shall proceed in the spirit of those -principles which they have approved. I fear not that any motives -of interest may lead me astray; I am sensible of no passion -which could seduce me knowingly from the path of justice; but -the weakness of human nature, and the limits of my own understanding, -will produce errors of judgment sometimes injurious to -your interests. I shall need, therefore, all the indulgence I have -heretofore experienced--the want of it will certainly not lessen -with increasing years. I shall need, too, the favor of that Being -in whose hands we are, who led our forefathers, as Israel of old, -from their native land, and planted them in a country flowing -with all the necessaries and comforts of life; who has covered -our infancy with his providence, and our riper years with his -wisdom and power; and to whose goodness I ask you to join -with me in supplications, that he will so enlighten the minds of -your servants, guide their councils, and prosper their measures, -that whatsoever they do, shall result in your good, and shall secure -to you the peace, friendship, and approbation of all nations. - - -FIFTH ANNUAL MESSAGE.--DECEMBER 3, 1805. - -_To the Senate and House of Representatives of the United -States_:-- - -At a moment when the nations of Europe are in commotion -and arming against each other, and when those with whom we -have principal intercourse are engaged in the general contest, -and when the countenance of some of them toward our peaceable -country threatens that even that may not be unaffected by -what is passing on the general theatre, a meeting of the representatives -of the nation in both houses of Congress has become -more than usually desirable. Coming from every section of our -country, they bring with them the sentiments and the information -of the whole, and will be enabled to give a direction to the -public affairs which the will and wisdom of the whole will approve -and support. - -In taking a view of the state of our country, we in the first -place notice the late affliction of two of our cities under the -fatal fever which in latter times has occasionally visited our -shores. Providence in his goodness gave it an early termination -on this occasion, and lessened the number of victims which have -usually fallen before it. In the course of the several visitations -by this disease it has appeared that it is strictly local; incident -to the cities and on the tide waters only; incommunicable in the -country, either by persons under the disease or by goods carried -from diseased places; that its access is with the autumn, and that -it disappears with the early frosts. These restrictions within -narrow limits of time and space give security even to our maritime -cities during three-fourths of the year, and to the country -always. Although from these facts it appears unnecessary, yet -to satisfy the fears of foreign nations, and cautions on their part -not to be complained of in a danger whose limits are yet unknown -to them, I have strictly enjoined on the officers at the -head of the customs to certify with exact truth for every vessel -sailing for a foreign port, the state of health respecting this fever -which prevails at the place from which she sails. Under every -motive from character and duty to certify the truth, I have no -doubt they have faithfully executed this injunction. Much real -injury has, however, been sustained from a propensity to identify -with this epidemic, and to call by the same name, fevers of very -different kinds, which have been known at all times and in all -countries, and never have been placed among those deemed contagious. -As we advance in our knowledge of this disease, as -facts develop the sources from which individuals receive it, the -state authorities charged with the care of the public health, and -Congress with that of the general commerce, will become able -to regulate with effect their respective functions in these departments. -The burden of quarantines is felt at home as well as -abroad; their efficacy merits examination. Although the health -laws of the States should be found to need no present revisal by -Congress, yet commerce claims that their attention be ever awake -to them. - -Since our last meeting the aspect of our foreign relations has -considerably changed. Our coasts have been infested and our -harbors watched by private armed vessels, some of them without -commissions, some with illegal commissions, others with those of -legal form but committing piratical acts beyond the authority of -their commissions. They have captured in the very entrance -of our harbors, as well as on the high seas, not only the vessels -of our friends coming to trade with us, but our own also. They -have carried them off under pretence of legal adjudication, but -not daring to approach a court of justice, they have plundered -and sunk them by the way, or in obscure places where no evidence -could arise against them; maltreated the crews, and abandoned -them in boats in the open sea or on desert shores without -food or covering. These enormities appearing to be unreached -by any control of their sovereigns, I found it necessary to equip a -force to cruise within our own seas, to arrest all vessels of these -descriptions found hovering on our coast within the limits of the -Gulf Stream, and to bring the offenders in for trial as pirates. - -The same system of hovering on our coasts and harbors under -color of seeking enemies, has been also carried on by public -armed ships, to the great annoyance and oppression of our commerce. -New principles, too, have been interloped into the law -of nations, founded neither in justice nor the usage or acknowledgment -of nations. According to these, a belligerent takes to -himself a commerce with its own enemy which it denies to a -neutral, on the ground of its aiding that enemy in the war. But -reason revolts at such an inconsistency, and the neutral having -equal right with the belligerent to decide the question, the interest -of our constituents and the duty of maintaining the authority -of reason, the only umpire between just nations, impose -on us the obligation of providing an effectual and determined -opposition to a doctrine so injurious to the rights of peaceable -nations. Indeed, the confidence we ought to have in the justice -of others, still countenances the hope that a sounder view of those -rights will of itself induce from every belligerent a more correct -observance of them. - -With Spain our negotiations for a settlement of differences -have not had a satisfactory issue. Spoliations during the former -war, for which she had formally acknowledged herself responsible, -have been refused to be compensated, but on conditions affecting -other claims in nowise connected with them. Yet the -same practices are renewed in the present war, and are already of -great amount. On the Mobile, our commerce passing through that -river continues to be obstructed by arbitrary duties and vexatious -searches. Propositions for adjusting amicably the boundaries of -Louisiana have not been acceded to. While, however, the right -is unsettled, we have avoided changing the state of things by -taking new posts or strengthening ourselves in the disputed territories, -in the hope that the other power would not, by contrary -conduct, oblige us to meet their example, and endanger conflicts -of authority the issue of which may not be easily controlled. -But in this hope we have now reason to lessen our confidence. -Inroads have been recently made into the territories of Orleans -and the Mississippi, our citizens have been seized and their -property plundered in the very parts of the former which had -been actually delivered up by Spain, and this by the regular officers -and soldiers of that government. I have therefore found it -necessary at length to give orders to our troops on that frontier -to be in readiness to protect our citizens, and to repel by arms -any similar aggression in future. Other details, necessary for -your full information of the state of things between this country -and that shall be the subject of another communication. - -In reviewing these injuries from some of the belligerent powers, -the moderation, the firmness, and the wisdom of the legislature -will be all called into action. We ought still to hope that -time and a more correct estimate of interest, as well as of character, -will produce the justice we are bound to expect. But -should any nation deceive itself by false calculations, and disappoint -that expectation, we must join in the unprofitable contest -of trying which party can do the other the most harm. Some -of these injuries may perhaps admit a peaceable remedy. Where -that is competent it is always the most desirable. But some of -them are of a nature to be met by force only, and all of them -may lead to it. I cannot, therefore, but recommend such preparations -as circumstances call for. The first object is to place -our seaport towns out of the danger of insult. Measures have -been already taken for furnishing them with heavy cannon for -the service of such land batteries as may make a part of their defence -against armed vessels approaching them. In aid of these -it is desirable that we should have a competent number of gunboats; -and the number, to be competent, must be considerable. -If immediately begun, they may be in readiness for service at -the opening of the next season. Whether it will be necessary -to augment our land forces will be decided by occurrences probably -in the course of your session. In the meantime, you will -consider whether it would not be expedient, for a state of peace -as well as of war, so to organize or class the militia as would -enable us, on a sudden emergency, to call for the services of the -younger portions, unencumbered with the old and those having -families. Upward of three hundred thousand able-bodied men, -between the ages of eighteen and twenty-six years, which the -last census shows we may now count within our limits, will furnish -a competent number for offence or defence in any point -where they may be wanted, and will give time for raising regular -forces after the necessity of them shall become certain; and -the reducing to the early period of life all its active service cannot -but be desirable to our younger citizens, of the present as -well as future times, inasmuch as it engages to them in more advanced -age a quiet and undisturbed repose in the bosom of their -families. I cannot, then, but earnestly recommend to your early -consideration the expediency of so modifying our militia system -as, by a separation of the more active part from that which is -less so, we may draw from it, when necessary, an efficient corps -fit for real and active service, and to be called to it in regular -rotation. - -Considerable provision has been made, under former authorities -from Congress, of materials for the construction of ships of war -of seventy-four guns. These materials are on hand, subject to -the further will of the legislature. - -An immediate prohibition of the exportation of arms and ammunition -is also submitted to your determination. - -Turning from these unpleasant views of violence and wrong, -I congratulate you on the liberation of our fellow citizens who -were stranded on the coast of Tripoli and made prisoners of war. -In a government bottomed on the will of all, the life and liberty -of every individual citizen become interesting to all. In the -treaty, therefore, which has concluded our warfare with that -State, an article for the ransom of our citizens has been agreed -to. An operation by land, by a small band of our countrymen, -and others--engaged for the occasion, in conjunction with the -troops of the ex-bashaw of that country, gallantly conducted by -our late consul Eaton, and their successful enterprise on the city -of Derne, contributed, doubtless, to the impression which produced -peace; and the conclusion of this prevented opportunities -of which the officers and men of our squadron destined for Tripoli -would have availed themselves, to emulate the acts of valor -exhibited by their brethren in the attack of the last year. Reflecting -with high satisfaction on the distinguished bravery displayed -whenever occasion permitted in the Mediterranean service, -I think it would be a useful encouragement, as well as a -just reward, to make an opening for some present promotion by -enlarging our peace establishment of captains and lieutenants. - -With Tunis some misunderstandings have arisen, not yet sufficiently -explained, but friendly discussions with their ambassador -recently arrived, and a mutual disposition to do whatever -is just and reasonable, cannot fail of dissipating these; so that -we may consider our peace on that coast, generally, to be on as -sound a footing as it has been at any preceding time. Still it -will not be expedient to withdraw, immediately, the whole of -our force from that sea. - -The law for providing a naval peace establishment fixes the -number of frigates which shall be kept in constant service in -time of peace, and prescribes that they shall not be manned by -more than two-thirds of their complement of seamen and ordinary -seamen. Whether a frigate may be trusted to two-thirds only -of her proper complement of men must depend on the nature of -the service on which she is ordered; that may sometimes, for -her safety, as well as to insure her object, require her fullest complement. -In adverting to this subject, Congress will perhaps -consider whether the best limitation on the executive discretion -in this case would not be by the number of seamen which may -be employed in the whole service, rather than by the number -of vessels. Occasions oftener arise for the employment of small -than of large vessels, and it would lessen risk as well as expense -to be authorized to employ them of preference. The limitation -suggested by the number of seamen would admit a selection of -vessels best adapted to the service. - -Our Indian neighbors are advancing, many of them with spirit -and others beginning to engage, in the pursuits of agriculture -and household manufacture. They are becoming sensible that -the earth yields subsistence with less labor and more certainty -than the forest, and find it their interest, from time to time, to -dispose of parts of their surplus and waste lands for the means -of improving those they occupy, and of subsisting their families -while they are preparing their farms. Since your last session, -the northern tribes have sold to us the lands between the Connecticut -reserve and the former Indian boundary; and those on -the Ohio, from the same boundary to the rapids, and for a considerable -depth inland. The Chickasaws and Cherokees have -sold us the country between and adjacent to the two districts of -Tennessee, and the Creeks, the residue of their lands in the fork -of Ocmulgee, up to the Ulcofauhatche. The three former purchases -are important, inasmuch as they consolidate disjointed -parts of our settled country, and render their intercourse secure; -and the second particularly so, as with the small point on the -river which we expect is by this time ceded by the Piankeshaws, -it completes our possession of the whole of both banks of the -Ohio, from its source to near its mouth, and the navigation of -that river is thereby rendered forever safe to our citizens settled -and settling on its extensive waters. The purchase from the -Creeks too has been for some time particularly interesting to the -State of Georgia. - -The several treaties which have been mentioned will be submitted -to both houses of Congress for the exercise of their respective -functions. - -Deputations now on their way to the seat of government, from -various nations of Indians inhabiting the Missouri and other -parts beyond the Mississippi, come charged with the assurances -of their satisfaction with the new relations in which they are -placed with us, of their disposition to cultivate our peace and -friendship, and their desire to enter into commercial intercourse -with us. A statement of our progress in exploring the principal -rivers of that country, and of the information respecting them -hitherto obtained, will be communicated so soon as we shall -receive some further relations which we have reason shortly to -expect. - -The receipts at the treasury during the year ending the -30th day of September last, have exceeded the sum of thirteen -millions of dollars, which, with not quite five millions in -the treasury at the beginning of the year, have enabled us, -after meeting other demands, to pay nearly two millions of -the debt contracted under the British treaty and convention, upward -of four millions of principal of the public debt, and four -millions of interest. These payments, with those which had -been made in three years and a half preceding, have extinguished -of the funded debt nearly eighteen millions of principal. -Congress, by their act of November 10th, 1803, authorized us to -borrow one million seven hundred and fifty thousand dollars, toward -meeting the claims of our citizens assumed by the convention -with France. We have not, however, made use of this authority, -because the sum of four millions and a half, which -remained in the treasury on the same 30th day of September -last, with the receipts which we may calculate on for the ensuing -year, besides paying the annual sum of eight millions of dollars -appropriated to the funded debts, and meeting all the current demands -which may be expected, will enable us to pay the whole -sum of three millions seven hundred and fifty thousand dollars -assumed by the French convention, and still leaves a surplus of -nearly a million of dollars at our free disposal. Should you concur -in the provisions of arms and armed vessels recommended -by the circumstances of the times, this surplus will furnish the -means of doing so. - -On this first occasion of addressing Congress, since, by the -choice of my constituents, I have entered on a second term of -administration, I embrace the opportunity to give this public assurance, -that I will exert my best endeavors to administer faithfully -the executive department, and will zealously co-operate -with you in every measure which may tend to secure the liberty, -property, and personal safety of our fellow citizens, and to consolidate -the republican forms and principles of our government. - -In the course of your session you shall receive all the aid -which I can give for the despatch of the public business, and -all the information necessary for your deliberations, of which the -interests of our own country and the confidence reposed in us -by others will admit a communication. - - -SPECIAL MESSAGE.--JANUARY 13, 1806. - -_To the Senate and House of Representatives of the United -States_:-- - -I lay before Congress the application of Hamet Caramalli, -elder brother of the reigning bashaw of Tripoli, soliciting from -the United States attention to his services and sufferings in the -late war against that State. And in order to possess them of -the ground on which that application stands, the facts shall be -stated according to the views and information of the executive. - -During the war with Tripoli, it was suggested that Hamet -Caramalli, elder brother of the reigning bashaw, and driven by -him from his throne, meditated the recovery of his inheritance, -and that a concert in action with us was desirable to him. We -considered that concerted operations by those who have a common -enemy were entirely justifiable, and might produce effects -favorable to both, without binding either to guaranty the objects -of the other. But the distance of the scene, the difficulties of -communication, and the uncertainty of our information, inducing -the less confidence in the measures, it was committed to our -agents as one which might be resorted to if it promised to promote -our success. - -Mr. Eaton, however (our late consul,) on his return from the -Mediterranean, possessing a personal knowledge of the scene, -and having confidence in the effect of a joint operation, we -authorized Commodore Barron, then proceeding with his squadron, -to enter into an understanding with Hamet if he should -deem it useful; and as it was represented that he would need -some aids of arms, and ammunition, and even of money, he -was authorized to furnish them to a moderate extent, according -to the prospect of utility to be expected from it. In order to -avail him of the advantages of Mr. Eaton's knowledge of circumstances, -an occasional employment was provided for the latter -as an agent for the navy in that sea. Our expectation was, -that an intercourse should be kept up between the ex-bashaw -and the commodore, that while the former moved on by land, -our squadron should proceed with equal pace so as to arrive at -their destination together, and to attack the common enemy by -land and sea at the same time. The instructions of June 6th, -to Commodore Barron, show that a co-operation only was intended, -and by no means a union of our object with the fortune of -the ex-bashaw, and the commodore's letters of March 22d and -May 19th proved that he had the most correct idea of our -intentions. His verbal instructions indeed to Mr. Eaton and -Captain Hull, if the expressions are accurately committed to -writing by those gentlemen, do not limit the extent of his co-operation -as rigorously as he probably intended; but it is certain, -from the ex-bashaw's letter of January 3d, written when he was -proceeding to join Mr. Eaton, and in which he says, "Your -operations should be carried on by sea, mine by land," that he -left the position in which he was with a proper idea of the nature -of the co-operation. If Mr. Eaton's subsequent convention -should appear to bring forward other objects, his letter of April -29th and May 1st views this convention but as provisional, the -second article, as he expressly states, guarding it against any ill -effect; and his letter of June 30th confirms this construction. - -In the event it was found that after placing the ex-bashaw in -possession of Derne, one of the most important cities and provinces -of the country, where he had resided himself as governor, -he was totally unable to command any resources, or to bear any -part in the co-operation with us. This hope was then at an end, -and we certainly had never contemplated, nor were we prepared -to land an army of our own, or to raise, pay, or subsist, an army -of Arabs, to march from Derne to Tripoli and to carry on a land -war at such a distance from our resources. Our means and our -authority was merely naval, and that such were the expectations -of Hamet, his letter of June 29th is an unexpected acknowledgment. -While, therefore, an impression from the capture of -Derne might still operate at Tripoli, and an attack on that place -from our squadron was daily expected, Colonel Lear thought it -the best moment to listen to overtures of peace then made by -the bashaw. He did so, and while urging provisions for the -United States, he paid attention also to the interests of Hamet; -but was able to effect nothing more than to engage the restitution -of his family, and even the persevering in this demand suspended -for some time the conclusion of the treaty. - -In operations at such a distance, it becomes necessary to leave -much to the discretion of the agents employed, but events may -still turn up beyond the limits of that discretion. Unable in -such case to consult his government, a zealous citizen will act as -he believes that would direct him were it apprized of the circumstances, -and will take on himself the responsibility. In all these -cases the purity and patriotism of the motives should shield the -agent from blame, and even secure the sanction where the error -is not too injurious. Should it be thought by any that the -verbal instructions said to have been given by Commodore Barron -to Mr. Eaton amount to a stipulation that the United States -should place Hamet Caramalli on the throne of Tripoli, a stipulation -so entirely unauthorized, so far beyond our views, and so -onerous, could not be sanctioned by our government; or should -Hamet Caramalli, contrary to the evidence of his letters of January -3d and June 29th, be thought to have left the position which -he now seems to regret, under a mistaken expectation that we -were at all events to place him on his throne, on an appeal to the -liberality of the nation something equivalent to the replacing him -in his former situation, might be worthy its consideration. - -A nation, by establishing a character of liberality and magnanimity, -gains in the friendship and respect of others more than the -worth of mere money. This appeal is now made by Hamet -Caramalli to the United States. The ground he has taken being -different not only from our views but from those expressed by -himself on former occasions, Mr. Eaton was desired to state -whether any verbal communications passed from him to Hamet, -which had varied what we saw in writing. His answer of December -5th is herewith transmitted, and has rendered it still more -necessary, that in presenting to the legislature the application of -Hamet, I should present them at the same time an exact statement -of the views and proceedings of the executive through this -whole business, that they may clearly understand the ground -on which we are placed. It is accompanied by all the papers -which bear any relation to the principles of the co-operation, -and which can inform their judgment in deciding on the application -of Hamet Caramalli. - - -SPECIAL MESSAGE--JANUARY 17, 1806. - -_To the Senate and House of Representatives of the United -States_:-- - -In my message to both houses of Congress at the opening of -their present session, I submitted to their attention, among other -subjects, the oppression of our commerce and navigation by the -irregular practices of armed vessels, public and private, and by -the introduction of new principles, derogatory of the rights of -neutrals, and unacknowledged by the usage of nations. - -The memorials of several bodies of merchants of the United -States are now communicated, and will develop these principles -and practices which are producing the most ruinous effects on -our lawful commerce and navigation. - -The rights of a neutral to carry on a commercial intercourse -with every part of the dominions of a belligerent, permitted by -the laws of the country (with the exception of blockaded ports -and contraband of war), was believed to have been decided between -Great Britain and the United States by the sentence of -the commissioners mutually appointed to decide on that and -other questions of difference between the two nations, and by -the actual payment of damages awarded by them against Great -Britain for the infractions of that right. When, therefore, it was -perceived that the same principle was revived with others more -novel, and extending the injury, instructions were given to the -minister plenipotentiary of the United States at the court of London, -and remonstrances duly made by him on this subject, as -will appear by documents transmitted herewith. These were -followed by a partial and temporary suspension only, without -any disavowal of the principle. He has therefore been instructed -to urge this subject anew, to bring it more fully to the bar of -reason, and to insist on the rights too evident and too important -to be surrendered. In the meantime, the evil is proceeding -under adjudications founded on the principle which is denied. -Under these circumstances the subject presents itself for the consideration -of Congress. - -On the impressment of our seamen our remonstrances have -never been intermitted. A hope existed at one moment of an -arrangement which might have been submitted to, but it soon -passed away, and the practice, though relaxed at times in the -distant seas, has been constantly pursued in those in our neighborhood. -The grounds on which the reclamations on this subject -have been urged, will appear in an extract from instructions -to our minister at London now communicated. - - -SPECIAL MESSAGE.--FEBRUARY 3, 1806. - -_To the Senate and House of Representatives of the United -States_:-- - -A letter has been received from the Governor of South Carolina, -covering an act of the legislature of that state, ceding to the -United States various forts and fortifications, and sites for the erection -of forts in that state, on the conditions therein expressed. This -letter and the act it covered are now communicated to Congress. - -I am not informed whether the positions ceded are the best -which can be taken for securing their respective objects. No -doubt is entertained that the legislature deemed them such. The -river of Beaufort particularly, said to be accessible to ships of -very large size, and capable of yielding them a protection which -they cannot find elsewhere, but very far to the north, is, from -these circumstances, so interesting to the Union in general, as to -merit particular attention and inquiry, as to the positions on it -best calculated for health as well as safety. - - -SPECIAL MESSAGE.--FEBRUARY 19, 1806. - -_To the Senate and House of Representatives of the United -States_:-- - -In pursuance of a measure submitted to Congress by a message -of January 18th, 1803, and sanctioned by their appropriation for -carrying it into execution, Captain Meriwether Lewis, of the -first regiment of infantry, was appointed, with a party of men, to -explore the river Missouri from its mouth to its source; and, -crossing the highlands by the shortest portage, to seek the best -water communication thence to the Pacific ocean; and Lieutenant -Clarke was appointed second in command. They were to -enter into conference with the Indian nation on their route, with -a view to the establishment of commerce with them. They entered -the Missouri, May 14th, 1804, and on the 1st of November, -took up their winter quarters near the Maudan towns, 1609 miles -above the mouth of the river, in latitude 47° 21´ 47´´ north, and -longitude 99° 24´ 45´´ west, from Greenwich. On the 8th of -April, 1805, they proceeded up the river in pursuance of the objects -prescribed to them. A letter of the preceding day, April -the 7th, from Captain Lewis, is herewith communicated. During -his stay among the Maudans', he had been able to lay down -the Missouri according to courses and distances taken under his -passage up it, corrected by frequent observations of longitude -and latitude, and to add to the actual survey of this portion of -the river, a general map of the country between the Mississippi -and Pacific, from the thirty-fourth to the fifty-fourth degrees of -latitude. These additions are from information collected from -Indians with whom he had opportunity of communicating during -his journey and residence among them. Copies of this map are -now presented to both houses of Congress. With these I communicate, -also, a statistical view, procured and forwarded by -him, of the Indian nations inhabiting the territory of Louisiana, -and the countries adjacent to its northern and western borders; -of their commerce, and of other interesting circumstances respecting -them. - -In order to render the statement as complete as may be, of the -Indians inhabiting the country west of the Mississippi, I add Dr. -Sibley's account of those residing in and adjacent to the territory -of Orleans. - -I communicate also, from the same person, an account of the -Red river, according to the best information he had been able to -collect. - -Having been disappointed, after considerable preparation, in -the purpose of sending an exploring expedition up that river in -the summer of 1804, it was thought best to employ the autumn -in that year in procuring a knowledge on an interesting branch -of the river called Washita. This was undertaken under the direction -of Mr. Dunbar, of Natchez, a citizen of distinguished -science, who had aided, and continues to aid us with his disinterested -valuable services in the prosecution of these enterprises. -He ascended the river to the remarkable hot springs near it, in -latitude 34° 31´ 4´´.16, longitude, 92° 50´ 45´´ west, from Greenwich, -taking its courses and distances, and correcting them by -frequent celestial observations. Extracts from his observations, -and copies of his map of the river, from its mouth to the hot -springs, make part of the present communications. The examination -of the Red river itself is but now commencing. - - -SPECIAL MESSAGE.--MARCH 20, 1806. - -_To the Senate and House of Representatives of the United -States_:-- - -It was reasonably expected, that while the limits between the -territories of the United States and of Spain were unsettled, -neither party would have innovated on the existing state of their -respective positions. Some time since, however, we learned that -the Spanish authorities were advancing into the disputed country -to occupy new posts and make new settlements. Unwilling -to take any measures which might preclude a peaceable accommodation -of differences, the officers of the United States were -ordered to confine themselves within the country on this side of -the Sabine river; which, by the delivery of its principal post -(Natchitoches), was understood to have been itself delivered up -by Spain; and at the same time to permit no adverse post to be -taken, nor armed men to remain within it. In consequence of -these orders, the commanding officer of Natchitoches, learning -that a party of Spanish troops had crossed the Sabine river and -were posting themselves on this side the Adais, sent a detachment -of his force to require them to withdraw to the other side -of the Sabine, which they accordingly did. - -I have thought it proper to communicate to Congress the letters -detailing this incident, that they may fully understand the -state of things in that quarter, and be enabled to make such provision -for its security as in their wisdom they shall deem sufficient. - - -SPECIAL MESSAGE.--APRIL 14, 1806. - -_To the Senate and House of Representatives of the United -States_:-- - -During the blockade of Tripoli by the squadron of the United -States, a small cruiser, under the flag of Tunis, with two prizes -(all of trifling value,) attempted to enter Tripoli, was turned back, -warned, and attempting again to enter, was taken and detained as -a prize by the squadron. Her restitution was claimed by the -bey of Tunis, with a threat of war so serious, that, on withdrawing -from the blockade of Tripoli, the commanding officer -of the squadron thought it his duty to repair to Tunis with his -squadron, and to require a categorical declaration whether peace -or war was intended. The bey preferred explaining himself -by an ambassador to the United States, who, on his arrival, renewed -the request that the vessel and her prizes should be restored. -It was deemed proper to give this proof of friendship -to the bey, and the ambassador was informed the vessels would -be restored. Afterward he made a requisition of naval stores to -be sent to the bey, in order to secure peace for the term of three -years, with a threat of war if refused. It has been refused, and -the ambassador is about to depart without receding from his -threat or demand. - -Under these circumstances, and considering that the several -provisions of the act, March 25th, 1804, will cease in consequence -of the ratification of the treaty of peace with Tripoli, -now advised to and consented to by the Senate, I have thought -it my duty to communicate these facts, in order that Congress -may consider the expediency of continuing the same provisions -for a limited time or making others equivalent. - - -SIXTH ANNUAL MESSAGE.--DECEMBER 2, 1806. - -_To the Senate and House of Representatives of the United -States in Congress assembled_:-- - -It would have given me, fellow citizens, great satisfaction to -announce in the moment of your meeting that the difficulties in -our foreign relations, existing at the time of your last separation, -had been amicably and justly terminated. I lost no time in taking -those measures which were most likely to bring them to such -a termination, by special missions charged with such powers and -instructions as in the event of failure could leave no imputation -on either our moderation or forbearance. The delays which -have since taken place in our negotiations with the British -government appears to have proceeded from causes which do -not forbid the expectation that during the course of the session I -may be enabled to lay before you their final issue. What will -be that of the negotiations for settling our differences with Spain, -nothing which had taken place at the date of the last despatches -enables us to pronounce. On the western side of the Mississippi -she advanced in considerable force, and took post at the settlement -of Bayou Pierre, on the Red river. This village was -originally settled by France, was held by her as long as she held -Louisiana, and was delivered to Spain only as a part of Louisiana. -Being small, insulated, and distant, it was not observed, at -the moment of redelivery to France and the United States, that -she continued a guard of half a dozen men which had been stationed -there. A proposition, however, having been lately made -by our commander-in-chief, to assume the Sabine river as a temporary -line of separation between the troops of the two nations -until the issue of our negotiation shall be known; this has been -referred by the Spanish commandant to his superior, and in the -meantime, he has withdrawn his force to the western side -of the Sabine river. The correspondence on this subject, now -communicated, will exhibit more particularly the present state of -things in that quarter. - -The nature of that country requires indispensably that an unusual -proportion of the force employed there should be cavalry -or mounted infantry. In order, therefore, that the commanding -officer might be enabled to act with effect, I had authorized -him to call on the governors of Orleans and Mississippi for a -corps of five hundred volunteer cavalry. The temporary arrangement -he has proposed may perhaps render this unnecessary. -But I inform you with great pleasure of the promptitude with -which the inhabitants of those territories have tendered their -services in defence of their country. It has done honor to themselves, -entitled them to the confidence of their fellow-citizens in -every part of the Union, and must strengthen the general determination -to protect them efficaciously under all circumstances -which may occur. - -Having received information that in another part of the United -States a great number of private individuals were combining -together, arming and organizing themselves contrary to law, to -carry on military expeditions against the territories of Spain, I -thought it necessary, by proclamations as well as by special orders, -to take measures for preventing and suppressing this enterprise, -for seizing the vessels, arms, and other means provided -for it, and for arresting and bringing to justice its authors and -abettors. It was due to that good faith which ought ever to be -the rule of action in public as well as in private transactions; it -was due to good order and regular government, that while the -public force was acting strictly on the defensive and merely to -protect our citizens from aggression, the criminal attempts of -private individuals to decide for their country the question of -peace or war, by commencing active and unauthorized hostilities, -should be promptly and efficaciously suppressed. - -Whether it will be necessary to enlarge our regular force will -depend on the result of our negotiation with Spain; but as it is -uncertain when that result will be known, the provisional measures -requisite for that, and to meet any pressure intervening in -that quarter, will be a subject for your early consideration. - -The possession of both banks of the Mississippi reducing to a -single point the defence of that river, its waters, and the country -adjacent, it becomes highly necessary to provide for that point a -more adequate security. Some position above its mouth, commanding -the passage of the river, should be rendered sufficiently -strong to cover the armed vessels which may be stationed there -for defence, and in conjunction with them to present an insuperable -obstacle to any force attempting to pass. The approaches to -the city of New Orleans, from the eastern quarter also, will require -to be examined, and more effectually guarded. For the -internal support of the country, the encouragement of a strong -settlement on the western side of the Mississippi, within reach -of New Orleans, will be worthy the consideration of the legislature. - -The gun-boats authorized by an act of the last session are so -advanced that they will be ready for service in the ensuing -spring. Circumstances permitted us to allow the time necessary -for their more solid construction. As a much larger number will -still be wanting to place our seaport towns and waters in that -state of defence to which we are competent and they entitled, a -similar appropriation for a further provision for them is recommended -for the ensuing year. - -A further appropriation will also be necessary for repairing fortifications -already established, and the erection of such works as -may have real effect in obstructing the approach of an enemy to -our seaport towns, or their remaining before them. - -In a country whose constitution is derived from the will of -the people, directly expressed by their free suffrages; where the -principal executive functionaries, and those of the legislature, -are renewed by them at short periods; where under the characters -of jurors, they exercise in person the greatest portion of the -judiciary powers; where the laws are consequently so formed -and administered as to bear with equal weight and favor on all, -restraining no man in the pursuits of honest industry, and securing -to every one the property which that acquires, it would not -be supposed that any safeguards could be needed against insurrection -or enterprise on the public peace or authority. The -laws, however, aware that these should not be trusted to moral -restraints only, have wisely provided punishments for these -crimes when committed. But would it not be salutary to give -also the means of preventing their commission? Where an enterprise -is meditated by private individuals against a foreign nation -in amity with the United States, powers of prevention to a -certain extent are given by the laws; would they not be as -reasonable and useful were the enterprise preparing against the -United States? While adverting to this branch of the law, it is -proper to observe, that in enterprises meditated against foreign -nations, the ordinary process of binding to the observance of the -peace and good behavior, could it be extended to acts to be done -out of the jurisdiction of the United States, would be effectual -in some cases where the offender is able to keep out of sight -every indication of his purpose which could draw on him the -exercise of the powers now given by law. - -The states on the coast of Barbary seem generally disposed at -present to respect our peace and friendship; with Tunis alone -some uncertainty remains. Persuaded that it is our interest to -maintain our peace with them on equal terms, or not at all, I propose -to send in due time a reinforcement into the Mediterranean, unless -previous information shall show it to be unnecessary. - -We continue to receive proofs of the growing attachment of -our Indian neighbors, and of their disposition to place all their -interests under the patronage of the United States. These dispositions -are inspired by their confidence in our justice, and in -the sincere concern we feel for their welfare; and as long as we -discharge these high and honorable functions with the integrity -and good faith which alone can entitle us to their continuance, we -may expect to reap the just reward in their peace and friendship. - -The expedition of Messrs. Lewis and Clarke, for exploring the -river Missouri, and the best communication from that to the -Pacific ocean, has had all the success which could have been -expected. They have traced the Missouri nearly to its source, -descended the Columbia to the Pacific ocean, ascertained with -accuracy the geography of that interesting communication across -our continent, learned the character of the country, of its commerce, -and inhabitants; and it is but justice to say that Messrs. -Lewis and Clarke, and their brave companions, have by this arduous -service deserved well of their country. - -The attempt to explore the Red river, under the direction of -Mr. Freeman, though conducted with a zeal and prudence meriting -entire approbation, has not been equally successful. After -proceeding up it about six hundred miles, nearly as far as the -French settlements had extended while the country was in their -possession, our geographers were obliged to return without completing -their work. - -Very useful additions have also been made to our knowledge -of the Mississippi by Lieutenant Pike, who has ascended to its -source, and whose journal and map, giving the details of the -journey, will shortly be ready for communication to both houses -of Congress. Those of Messrs. Lewis and Clarke, and Freeman, -will require further time to be digested and prepared. These -important surveys, in addition to those before possessed, furnish -materials for commencing an accurate map of the Mississippi, -and its western waters. Some principal rivers, however, remain -still to be explored, toward which the authorization of Congress, -by moderate appropriations, will be requisite. - -I congratulate you, fellow citizens, on the approach of the -period at which you may interpose your authority constitutionally, -to withdraw the citizens of the United States from all further -participation in those violations of human rights which have -been so long continued on the unoffending inhabitants of Africa, -and which the morality, the reputation, and the best interests of -our country, have long been eager to proscribe. Although no -law you may pass can take prohibitory effect till the first day of -the year one thousand eight hundred and eight, yet the intervening -period is not too long to prevent, by timely notice, expeditions -which cannot be completed before that day. - -The receipts at the treasury during the year ending on the -30th of September last, have amounted to near fifteen millions -of dollars, which have enabled us, after meeting the current demands, -to pay two millions seven hundred thousand dollars of -the American claims, in parts of the price of Louisiana; to pay -of the funded debt upward of three millions of principal, and -nearly four of interest; and in addition, to reimburse, in the -course of the present month, near two millions of five and a half -per cent. stock. These payments and reimbursements of the -funded debt, with those which have been made in four years -and a half preceding, will, at the close of the present year, have -extinguished upward of twenty-three millions of principal. - -The duties composing the Mediterranean fund will cease by -law at the end of the present season. Considering, however, -that they are levied chiefly on luxuries, and that we have an -impost on salt, a necessary of life, the free use of which otherwise -is so important, I recommend to your consideration the suppression -of the duties on salt, and the continuation of the -Mediterranean fund, instead thereof, for a short time, after which -that also will become unnecessary for any purpose now within -contemplation. - -When both of these branches of revenue shall in this way be -relinquished, there will still ere long be an accumulation of -moneys in the treasury beyond the instalments of public debt -which we are permitted by contract to pay. They cannot, then, -without a modification assented to by the public creditors, be -applied to the extinguishment of this debt, and the complete -liberation of our revenues--the most desirable of all objects; nor, -if our peace continues, will they be wanting for any other existing -purpose. The question, therefore, now comes forward,--to -what other objects shall these surpluses be appropriated, and the -whole surplus of impost, after the entire discharge of the public -debt, and during those intervals when the purposes of war shall -not call for them? Shall we suppress the impost and give that -advantage to foreign over domestic manufactures? On a few -articles of more general and necessary use, the suppression in due -season will doubtless be right, but the great mass of the articles -on which impost is paid is foreign luxuries, purchased by those -only who are rich enough to afford themselves the use of them. -Their patriotism would certainly prefer its continuance and application -to the great purposes of the public education, roads, -rivers, canals, and such other objects of public improvement as it -may be thought proper to add to the constitutional enumeration -of federal powers. By these operations new channels of communication -will be opened between the States; the lines of separation -will disappear, their interests will be identified, and their -union cemented by new and indissoluble ties. Education is -here placed among the articles of public care, not that it would -be proposed to take its ordinary branches out of the hands of -private enterprise, which manages so much better all the concerns -to which it is equal; but a public institution can alone supply -those sciences which, though rarely called for, are yet -necessary to complete the circle, all the parts of which contribute -to the improvement of the country, and some of them to its preservation. -The subject is now proposed for the consideration -of Congress, because, if approved by the time the State legislatures -shall have deliberated on this extension of the federal -trusts, and the laws shall be passed, and other arrangements -made for their execution, the necessary funds will be on hand -and without employment. I suppose an amendment to the constitution, -by consent of the States, necessary, because the objects -now recommended are not among those enumerated in the -constitution, and to which it permits the public moneys to be -applied. - -The present consideration of a national establishment for education, -particularly, is rendered proper by this circumstance also, -that if Congress, approving the proposition, shall yet think it more -eligible to found it on a donation of lands, they have it now in -their power to endow it with those which will be among the -earliest to produce the necessary income. This foundation would -have the advantage of being independent on war, which may -suspend other improvements by requiring for its own purposes -the resources destined for them. - -This, fellow citizens, is the state of the public interest at the -present moment, and according to the information now possessed. -But such is the situation of the nations of Europe, and such -too the predicament in which we stand with some of them, that -we cannot rely with certainty on the present aspect of our affairs -that may change from moment to moment, during the course of -your session or after you shall have separated. Our duty is, -therefore, to act upon things as they are, and to make a reasonable -provision for whatever they may be. Were armies to be -raised whenever a speck of war is visible in our horizon, we -never should have been without them. Our resources would -have been exhausted on dangers which have never happened, -instead of being reserved for what is really to take place. A -steady, perhaps a quickened pace in preparations for the defence -of our seaport towns and waters; an early settlement of the most -exposed and vulnerable parts of our country; a militia so organized -that its effective portions can be called to any point in the -Union, or volunteers instead of them to serve a sufficient time, -are means which may always be ready yet never preying on our -resources until actually called into use. They will maintain the -public interests while a more permanent force shall be in course -of preparation. But much will depend on the promptitude with -which these means can be brought into activity. If war be -forced upon us in spite of our long and vain appeals to the justice -of nations, rapid and vigorous movements in its outset will -go far toward securing us in its course and issue, and toward -throwing its burdens on those who render necessary the resort -from reason to force. - -The result of our negotiations, or such incidents in their course -as may enable us to infer their probable issue; such further -movements also on our western frontiers as may show whether -war is to be pressed there while negotiation is protracted elsewhere, -shall be communicated to you from time to time as they -become known to me, with whatever other information I possess -or may receive, which may aid your deliberations on the great -national interests committed to your charge. - - -SPECIAL MESSAGE--DECEMBER 3, 1806. - -_To the Senate and House of Representatives of the United -States_:-- - -I have the satisfaction to inform you that the negotiation depending -between the United States and the government of Great -Britain is proceeding in a spirit of friendship and accommodation -which promises a result of mutual advantage. Delays indeed -have taken place, occasioned by the long illness and subsequent -death of the British minister charged with that duty. But the -commissioners appointed by that government to resume the negotiation -have shown every disposition to hasten its progress. It -is, however, a work of time, as many arrangements are necessary -to place our future harmony on stable grounds. In the meantime, -we find by the communications of our plenipotentiaries, -that a temporary suspension of the act of the last session prohibiting -certain importations, would, as a mark of candid disposition -on our part, and of confidence in the temper and views -with which they have been met, have a happy effect on its -course. A step so friendly will afford further evidence that all -our proceedings have flowed from views of justice and conciliation, -and that we give them willingly that form which may -best meet corresponding dispositions. - -Add to this, that the same motives which produced the postponement -of the act till the fifteenth of November last, are in -favor of its further suspension; and as we have reason to hope -that it may soon yield to arrangements of mutual consent and -convenience, justice seems to require that the same measure may -be dealt out to the few cases which may fall within its short -course, as to all others preceding and following it. I cannot, -therefore, but recommend the suspension of this act for a reasonable -time, on considerations of justice, amity, and the public -interests. - - -SPECIAL MESSAGE.--JANUARY 22, 1807. - -_To the Senate and House of Representatives of the United -States_:-- - -Agreeably to the request of the House of Representatives, -communicated in their resolution of the sixteenth instant, I proceed -to state under the reserve therein expressed, information received -touching an illegal combination of private individuals -against the peace and safety of the Union, and a military expedition -planned by them against the territories of a power in amity -with the United States, with the measures I have pursued for -suppressing the same. - -I had for some time been in the constant expectation of receiving -such further information as would have enabled me to -lay before the legislature the termination as well as the beginning -and progress of this scene of depravity, so far as it has been -acted on the Ohio and its waters. From this the state and safety -of the lower country might have been estimated on probable -grounds, and the delay was indulged the rather, because no circumstance -had yet made it necessary to call in the aid of the -legislative functions. Information now recently communicated -has brought us nearly to the period contemplated. The mass of -what I have received, in the course of these transactions, is voluminous, -but little has been given under the sanction of an oath, -so as to constitute formal and legal evidence. It is chiefly in -the form of letters, often containing such a mixture of rumors, -conjectures, and suspicions, as render it difficult to sift out the -real facts, and unadvisable to hazard more than general outlines, -strengthened by concurrent information, or the particular credibility -of the relater. In this state of the evidence, delivered -sometimes too under the restriction of private confidence, neither -safety nor justice will permit the exposing names, except that -of the principal actor, whose guilt is placed beyond question. - -Some time in the latter part of September, I received intimations -that designs were in agitation in the western country, -unlawful and unfriendly to the peace of the Union; and that -the prime mover in these was Aaron Burr, heretofore distinguished -by the favor of his country. The grounds of these -intimations being inconclusive, the objects uncertain, and the -fidelity of that country known to be firm, the only measure taken -was to urge the informants to use their best endeavors to get -further insight into the designs and proceedings of the suspected -persons, and to communicate them to me. - -It was not until the latter part of October, that the objects of -the conspiracy began to be perceived, but still so blended and -involved in mystery that nothing distinct could be singled out -for pursuit. In this state of uncertainty as to the crime contemplated, -the acts done, and the legal course to be pursued, I thought -it best to send to the scene where these things were principally -in transaction, a person, in whose integrity, understanding, and -discretion, entire confidence could be reposed, with instructions -to investigate the plots going on, to enter into conference (for -which he had sufficient credentials) with the governors and all -other officers, civil and military, and with their aid to do on the -spot whatever should be necessary to discover the designs of the -conspirators, arrest their means, bring their persons to punishment, -and to call out the force of the country to suppress any -unlawful enterprise in which it should be found they were engaged. -By this time it was known that many boats were under -preparation, stores of provisions collecting, and an unusual number -of suspicious characters in motion on the Ohio and its waters. -Besides despatching the confidential agent to that quarter, orders -were at the same time sent to the governors of the Orleans and -Mississippi territories, and to the commanders of the land and -naval forces there, to be on their guard against surprise, and in -constant readiness to resist any enterprise which might be attempted -on the vessels, posts, or other objects under their care; -and on the 8th of November, instructions were forwarded to -General Wilkinson to hasten an accommodation with the Spanish -commander on the Sabine, and as soon as that was effected, -to fall back with his principal force to the hither bank of the -Mississippi, for the defence of the intersecting points on that -river. By a letter received from that officer on the 25th of November, -but dated October 21st, we learn that a confidential -agent of Aaron Burr had been deputed to him, with communications -partly written in cipher and partly oral, explaining his designs, -exaggerating his resources, and making such offers of -emolument and command, to engage him and the army in his -unlawful enterprise, as he had flattered himself would be successful. -The general, with the honor of a soldier and fidelity -of a good citizen, immediately despatched a trusty officer to me -with information of what had passed, proceeding to establish -such an understanding with the Spanish commandant on the -Sabine as permitted him to withdraw his force across the Mississippi, -and to enter on measures for opposing the projected enterprise. - -The general's letter, which came to hand on the 25th of November, -as has been mentioned, and some other information received -a few days earlier, when brought together, developed -Burr's general designs, different parts of which only had been -revealed to different informants. It appeared that he contemplated -two distinct objects, which might be carried on either -jointly or separately, and either the one or the other first, as circumstances -should direct. One of these was the severance of -the Union of these States by the Alleghany mountains; the -other, an attack on Mexico. A third object was provided, merely -ostensible, to wit: the settlement of a pretended purchase of a -tract of country on the Washita, claimed by a Baron Bastrop. -This was to serve as the pretext for all his preparations, an allurement -for such followers as really wished to acquire settlements -in that country, and a cover under which to retreat in the -event of final discomfiture of both branches of his real design. - -He found at once that the attachment of the western country -to the present Union was not to be shaken; that its dissolution -could not be effected with the consent of its inhabitants, and -that his resources were inadequate, as yet, to effect it by force. -He took his course then at once, determined to seize on New -Orleans, plunder the bank there, possess himself of the military -and naval stores, and proceed on his expedition to Mexico; and -to this object all his means and preparations were now directed. -He collected from all the quarters where himself or his agents -possessed influence, all the ardent, restless, desperate, and disaffected -persons who were ready for any enterprise analogous to -their characters. He seduced good and well-meaning citizens, -some by assurances that he possessed the confidence of the government -and was acting under its secret patronage, a pretence -which obtained some credit from the state of our differences -with Spain; and others by offers of land in Bastrop's claim on -the Washita. - -This was the state of my information of his proceedings about -the last of November, at which time, therefore, it was first possible -to take specific measures to meet them. The proclamation -of November 27th, two days after the receipt of General Wilkinson's -information, was now issued. Orders were despatched -to every intersecting point on the Ohio and Mississippi, from -Pittsburg to New Orleans, for the employment of such force -either of the regulars or of the militia, and of such proceedings -also of the civil authorities, as might enable them to seize on -all the boats and stores provided for the enterprise, to arrest the -persons concerned, and to suppress effectually the further progress -of the enterprise. A little before the receipt of these orders -in the State of Ohio, our confidential agent, who had been -diligently employed in investigating the conspiracy, had acquired -sufficient information to open himself to the governor of -that State, and apply for the immediate exertion of the authority -and power of the State to crush the combination. Governor -Tiffin and the legislature, with a promptitude, an energy, and -patriotic zeal, which entitle them to a distinguished place in the -affection of their sister States, effected the seizure of all the -boats, provisions, and other preparations within their reach, and -thus gave a first blow, materially disabling the enterprise in its -outset. - -In Kentucky, a premature attempt to bring Burr to justice, -without sufficient evidence for his conviction, had produced a -popular impression in his favor, and a general disbelief of his -guilt. This gave him an unfortunate opportunity of hastening -his equipments. The arrival of the proclamation and orders, -and the application and information of our confidential agent, at -length awakened the authorities of that State to the truth, and -then produced the same promptitude and energy of which the -neighboring State had set the example. Under an act of their -legislature of December 23d, militia was instantly ordered to -different important points, and measures taken for doing whatever -could yet be done. Some boats (accounts vary from five -to double or treble that number) and persons (differently estimated -from one to three hundred) had in the meantime passed -the falls of the Ohio, to rendezvous at the mouth of the Cumberland, -with others expected down that river. - -Not apprized, till very late, that any boats were building on -Cumberland, the effect of the proclamation had been trusted to -for some time in the State of Tennessee; but on the 19th of -December, similar communications and instructions with those -of the neighboring States were despatched by express to the -governor, and a general officer of the western division of the -State, and on the 23d of December our confidential agent left -Frankfort for Nashville, to put into activity the means of that -State also. But by information received yesterday, I learn that -on the 22d of December, Mr. Burr descended the Cumberland -with two boats merely of accommodation, carrying with him -from that State no quota toward his unlawful enterprise. Whether -after the arrival of the proclamation, of the orders, or of our -agent, any exertion which could be made by that State, or the -orders of the governor of Kentucky for calling out the militia at -the mouth of Cumberland, would be in time to arrest these boats, -and those from the falls of the Ohio, is still doubtful. - -On the whole, the fugitives from Ohio, with their associates -from Cumberland, or any other place in that quarter, cannot -threaten serious danger to the city of New Orleans. - -By the same express of December nineteenth, orders were -sent to the governors of New Orleans and Mississippi, supplementary -to those which had been given on the twenty-fifth -of November, to hold the militia of their territories in readiness -to co-operate for their defence, with the regular troops and armed -vessels then under command of General Wilkinson. Great -alarm, indeed, was excited at New Orleans by the exaggerated -accounts of Mr. Burr, disseminated through his emissaries, of the -armies and navies he was to assemble there. General Wilkinson -had arrived there himself on the 24th of November, and had -immediately put into activity the resources of the place for the -purpose of its defence; and on the tenth of December he was -joined by his troops from the Sabine. Great zeal was shown -by the inhabitants generally, the merchants of the place readily -agreeing to the most laudable exertions and sacrifices for manning -the armed vessels with their seamen, and the other citizens -manifesting unequivocal fidelity to the Union, and a spirit of -determined resistance to their expected assailants. - -Surmises have been hazarded that this enterprise is to receive -aid from certain foreign powers. But these surmises are without -proof or probability. The wisdom of the measures sanctioned -by Congress at its last session had placed us in the paths of peace -and justice with the only powers with whom we had any differences, -and nothing has happened since which makes it either -their interest or ours to pursue another course. No change of -measures has taken place on our part; none ought to take -place at this time. With the one, friendly arrangement was -then proposed, and the law deemed necessary on the failure of -that was suspended to give time for a fair trial of the issue. -With the same power, negotiation is still preferred, and provisional -measures only are necessary to meet the event of rupture. -While, therefore, we do not deflect in the slightest degree from -the course we then assumed, and are still pursuing, with mutual -consent, to restore a good understanding, we are not to impute -to them practices as irreconcilable to interest as to good faith, -and changing necessarily the relations of peace and justice between -us to those of war. These surmises are, therefore, to be -imputed to the vauntings of the author of this enterprise, to -multiply his partisans by magnifying the belief of his prospects -and support. - -By letters from General Wilkinson, of the 14th and 18th of -September, which came to hand two days after date of the resolution -of the House of Representatives, that is to say, on the -morning of the 18th instant, I received the important affidavit, a -copy of which I now communicate, with extracts of so much of -the letters as come within the scope of the resolution. By these -it will be seen that of three of the principal emissaries of Mr. -Burr, whom the general had caused to be apprehended, one had -been liberated by _habeas corpus_, and the two others, being those -particularly employed in the endeavor to corrupt the general and -army of the United States, have been embarked by him for our -ports in the Atlantic States, probably on the consideration that -an impartial trial could not be expected during the present agitations -of New Orleans, and that that city was not as yet a safe -place of confinement. As soon as these persons shall arrive, -they will be delivered to the custody of the law, and left to such -course of trial, both as to place and process, as its functionaries -may direct. The presence of the highest judicial authorities, -to be assembled at this place within a few days, the means of -pursuing a sounder course of proceedings here than elsewhere, -and the aid of the executive means, should the judges have occasion -to use them, render it equally desirable for the criminals -as for the public, that being already removed from the place -where they were first apprehended, the first regular arrest should -take place here, and the course of proceedings receive here its -proper direction. - - -SPECIAL MESSAGE.--JANUARY 28, 1807. - -_To the Senate and House of Representatives of the United -States_:-- - -By the letters of Captain Bissel, who commands at Fort Massac, -and of Mr. Murrell, to General Jackson, of Tennessee, copies -of which are now communicated to Congress, it will be seen that -Aaron Burr passed Fort Massac on the 31st December, with -about ten boats, navigated by about six hands each, without any -military appearance, and that three boats with ammunition were -said to have been arrested by the militia at Louisville. - -As the guards of militia posted on various points on the Ohio -will be able to prevent any further aids passing through that -channel, should any be attempted, we may now estimate, with -tolerable certainty, the means derived from the Ohio and its waters, -toward the accomplishment of the purposes of Mr. Burr. - - -SPECIAL MESSAGE.--JANUARY 31, 1807. - -_To the Senate and House of Representatives of the United -States_:-- - -In execution of the act of the last session of Congress, entitled, -"An act to regulate the laying out and making a road from -Cumberland, in the State of Maryland, to the State of Ohio," I -appointed Thomas Moore, of Maryland, Joseph Kerr, of Ohio, -and Eli Williams, of Maryland, commissioners to lay out the said -road, and to perform the other duties assigned to them by the -act. The progress which they made in the execution of the -work, during the last session, will appear in their report, now -communicated to Congress. On the receipt of it, I took measures -to obtain consent for making the road, of the States of Pennsylvania, -Maryland, and Virginia, through which the commissioners -proposed to lay it out. I have received acts of the legislatures -of Maryland and Virginia, giving the consent desired; that -of Pennsylvania has the subject still under consideration, as is -supposed. Until I receive full consent to a free choice of route -through the whole distance, I have thought it safest neither to -accept, nor reject, finally, the partial report of the commissioners. -Some matters suggested in the report belong exclusively to the -legislature. - - -SPECIAL MESSAGE.--FEBRUARY 10, 1807. - -_To the Senate and House of Representatives of the United -States_:-- - -In compliance with the request of the House of Representatives, -expressed in their resolution of the 5th instant, I proceed to give -such information as is possessed, of the effect of gun-boats in the -protection and defense of harbors, of the numbers thought necessary, -and of the proposed distribution of them among the ports -and harbors of the United States. - -Under the present circumstances, and governed by the intentions -of the legislature, as manifested by their annual appropriations -of money for the purposes of defence, it has been concluded -to combine--1st, land batteries, furnished with heavy cannon -and mortars, and established on all the points around the place -favorable for preventing vessels from lying before it; 2d, movable -artillery which may be carried, as an occasion may require, -to points unprovided with fixed batteries; 3d, floating batteries; -and 4th, gun-boats, which may oppose an enemy at its entrance -and co-operate with the batteries for his expulsion. - -On this subject professional men were consulted as far as we -had opportunity. General Wilkinson, and the late General Gates, -gave their opinions in writing, in favor of the system, as will be -seen by their letters now communicated. The higher officers of -the navy gave the same opinions in separate conferences, as their -presence at the seat of government offered occasions of consulting -them, and no difference of judgment appeared on the subjects. -Those of Commodore Barron and Captain Tingey, now -here, are recently furnished in writing, and transmitted herewith -to the legislature. - -The efficacy of gun-boats for the defence of harbors, and of -other smooth and enclosed waters, may be estimated in part from -that of galleys, formerly much used, but less powerful, more costly -in their construction and maintenance, and requiring more -men. But the gun-boat itself is believed to be in use with every -modern maritime nation for the purpose of defence. In the Mediterranean, -on which are several small powers, whose system like -ours is peace and defence, few harbors are without this article of -protection. Our own experience there of the effect of gun-boats -for harbor service, is recent. Algiers is particularly known to -have owed to a great provision of these vessels the safety of its -city, since the epoch of their construction. Before that it had -been repeatedly insulted and injured. The effect of gun-boats -at present in the neighborhood of Gibraltar, is well known, and -how much they were used both in the attack and defence of that -place during a former war. The extensive resort to them by -the two greatest naval powers in the world, on an enterprise of -invasion not long since in prospect, shows their confidence in -their efficacy for the purposes for which they are suited. By the -northern powers of Europe, whose seas are particularly adapted -to them, they are still more used. The remarkable action between -the Russian flotilla of gun-boats and galleys, and a Turkish -fleet of ships-of-the-line and frigates, in the Liman sea, 1788, -will be readily recollected. The latter, commanded by their -most celebrated admiral, were completely defeated, and several -of their ships-of-the-line destroyed. - -From the opinions given as to the number of gun-boats necessary -for some of the principal seaports, and from a view of all the -towns and ports from Orleans to Maine inclusive, entitled to protection, -in proportion to their situation and circumstances, it is -concluded, that to give them a due measure of protection in time -of war, about two hundred gun-boats will be requisite. According -to first ideas, the following would be their general distribution, -liable to be varied on more mature examination, and as circumstances -shall vary, that is to say:-- - -To the Mississippi and its neighboring waters, forty gun-boats. - -To Savannah and Charleston, and the harbors on each side, -from St. Mary's to Currituck, twenty-five. - -To the Chesapeake and its waters, twenty. - -To Delaware bay and river, fifteen. - -To New York, the Sound, and waters as far as Cape Cod, -fifty. - -To Boston and the harbors north of Cape Cod, fifty. - -The flotilla assigned to these several stations, might each be -under the care of a particular commandant, and the vessels -composing them would, in ordinary, be distributed among the -harbors within the station in proportion to their importance. - -Of these boats a proper proportion would be of the larger size, -such as those heretofore built, capable of navigating any seas, -and of reinforcing occasionally the strength of even the most -distant port when menaced with danger. The residue would be -confined to their own or the neighboring harbors, would be -smaller, less furnished for accommodation, and consequently less -costly. Of the number supposed necessary, seventy-three are -built or building, and the hundred and twenty-seven still to be -provided, would cost from five to six hundred thousand dollars. -Having regard to the convenience of the treasury, as well as to -the resources of building, it has been thought that one half of -these might be built in the present year, and the other year the -next. With the legislature, however, it will rest to stop where -we are, or at any further point, when they shall be of opinion -that the number provided shall be sufficient for the object. - -At times when Europe as well as the United States shall be at -peace, it would not be proposed that more than six or eight of -these vessels should be kept afloat. When Europe is in war, -treble that number might be necessary to be distributed among -those particular harbors which foreign vessels of war are in the -habit of frequenting, for the purpose of preserving order therein. - -But they would be manned, in ordinary, with only their complement -for navigation, relying on the seamen and militia of the -port if called into action on sudden emergency. It would be -only when the United States should themselves be at war, that -the whole number would be brought into actual service, and -would be ready in the first moments of the war to co-operate -with other means for covering at once the line of our seaports. -At all times, those unemployed would be withdrawn into places -not exposed to sudden enterprise, hauled up under sheds from -the sun and weather, and kept in preservation with little expense -for repairs or maintenance. - -It must be superfluous to observe, that this species of naval -armament is proposed merely for defensive operation; that it can -have but little effect toward protecting our commerce in the open -seas even on our coast; and still less can it become an excitement -to engage in offensive maritime war, toward which it -would furnish no means. - - -SEVENTH ANNUAL MESSAGE.--OCTOBER 27, 1807. - -_To the Senate and House of Representatives of the United -States_:-- - -Circumstances, fellow citizens, which seriously threatened the -peace of our country, have made it a duty to convene you at an -earlier period than usual. The love of peace, so much cherished -in the bosoms of our citizens, which has so long guided the proceedings -of the public councils, and induced forbearance under -so many wrongs, may not insure our continuance in the quiet -pursuits of industry. The many injuries and depredations committed -on our commerce and navigation upon the high seas for -years past, the successive innovations on those principles of public -law which have been established by the reason and usage of -nations as the rule of their intercourse, and the umpire and security -of their rights and peace, and all the circumstances which -induced the extraordinary mission to London, are already known -to you. The instructions given to our ministers were framed in -the sincerest spirit of amity and moderation. They accordingly -proceeded, in conformity therewith, to propose arrangements -which might embrace and settle all the points in difference between -us, which might bring us to a mutual understanding on -our neutral and national rights, and provide for a commercial intercourse -on conditions of some equality. After long and fruitless -endeavors to effect the purposes of their mission, and to obtain -arrangements within the limits of their instructions, they -concluded to sign such as could be obtained, and to send them -for consideration, candidly declaring to the other negotiators, at -the same time, that they were acting against their instructions, -and that their government, therefore, could not be pledged for -ratification. Some of the articles proposed might have been admitted -on a principle of compromise, but others were too highly -disadvantageous, and no sufficient provision was made against -the principal source of the irritations and collisions which were -constantly endangering the peace of the two nations. The -question, therefore, whether a treaty should be accepted in that -form could have admitted but of one decision, even had no -declarations of the other party impaired our confidence in it. -Still anxious not to close the door against friendly adjustment, -new modifications were framed, and further concessions authorized -than could before have been supposed necessary; and our -ministers were instructed to resume their negotiations on these -grounds. On this new reference to amicable discussion, we -were reposing in confidence, when on the 22d day of June last, -by a formal order from the British admiral, the frigate Chesapeake, -leaving her port for distant service, was attacked by one -of those vessels which had been lying in our harbors under the -indulgences of hospitality, was disabled from proceeding, had -several of her crew killed, and four taken away. On this outrage -no commentaries are necessary. Its character has been -pronounced by the indignant voice of our citizens with an emphasis -and unanimity never exceeded. I immediately, by proclamation, -interdicted our harbors and waters to all British armed -vessels, forbade intercourse with them, and uncertain how far -hostilities were intended, and the town of Norfolk, indeed, being -threatened with immediate attack, a sufficient force was ordered -for the protection of that place, and such other preparations -commenced and pursued as the prospect rendered proper. An -armed vessel of the United States was despatched with instructions -to our ministers at London to call on that government for -the satisfaction and security required by the outrage. A very -short interval ought now to bring the answer, which shall be -communicated to you as soon as received; then also, or as soon -after as the public interests shall be found to admit, the unratified -treaty, and the proceedings relative to it, shall be made -known to you. - -The aggression thus begun has been continued on the part -of the British commanders, by remaining within our waters, in -defiance of the authority of the country, by habitual violations -of its jurisdiction, and at length by putting to death one of the -persons whom they had forcibly taken from on board the Chesapeake. -These aggravations necessarily lead to the policy, either -of never admitting an armed vessel into our harbors, or of maintaining -in every harbor such an armed force as may constrain -obedience to the laws, and protect the lives and property of our -citizens, against their armed guests. But the expense of such a -standing force, and its inconsistence with our principles, dispense -with those courtesies which would necessarily call for it, and -leave us equally free to exclude the navy, as we are the army -of a foreign power, from entering our limits. - -To former violations of maritime rights, another is now added -of very extensive effect. The government of that nation has -issued an order interdicting all trade by neutrals between ports -not in amity with them; and being now at war with nearly -every nation on the Atlantic and Mediterranean seas, our vessels -are required to sacrifice their cargoes at the first port they touch, -or to return home without the benefit of going to any other market. -Under this new law of the ocean, our trade on the Mediterranean -has been swept away by seizures and condemnations, -and that in other seas is threatened with the same fate. - -Our differences with Spain remain still unsettled; no measure -having been taken on her part, since my last communication to -Congress, to bring them to a close. But under a state of things -which may favor a reconsideration, they have been recently -pressed, and an expectation is entertained that they may now -soon be brought to an issue of some sort. With their subjects -on our borders, no new collisions have taken place nor seem -immediately to be apprehended. To our former grounds of complaint -has been added a very serious one, as you will see by the -decree, a copy of which is now communicated. Whether this -decree, which professes to be conformable to that of the French -government of November 21st, 1806, heretofore communicated -to Congress, will also be conformed to that in its construction -and application in relation to the United States, had not been -ascertained at the date of our last communications. These, -however, gave reason to expect such a conformity. - -With the other nations of Europe our harmony has been uninterrupted, -and commerce and friendly intercourse have been -maintained on their usual footing. - -Our peace with the several States on the coast of Barbary appears -as firm as at any former period, and is as likely to continue -as that of any other nation. - -Among our Indian neighbors in the north-western quarter, -some fermentation was observed soon after the late occurrences, -threatening the continuance of our peace. Messages were said -to be interchanged, and tokens to be passing, which usually denote -a state of restlessness among them, and the character of the -agitators pointed to the sources of excitement. Measures were -immediately taken for providing against that danger; instructions -were given to require explanations, and with assurances of our -continued friendship, to admonish the tribes to remain quiet at -home, taking no part in quarrels not belonging to them. As far -as we are yet informed, the tribes in our vicinity, who are most -advanced in the pursuits of industry, are sincerely disposed to -adhere to their friendship with us, and to their peace with all -others; while those more remote do not present appearances sufficiently -quiet to justify the intermission of military precaution -on our part. - -The great tribes on our south-western quarter, much advanced -beyond the others in agriculture and household arts, appear tranquil, -and identifying their views with ours, in proportion to their -advancement. With the whole of these people, in every quarter, -I shall continue to inculcate peace and friendship with all their -neighbors, and perseverance in those occupations and pursuits -which will best promote their own well-being. - -The appropriations of the last session, for the defence of our -seaport towns and harbors, were made under expectation that a -continuance of our peace would permit us to proceed in that -work according to our convenience. It has been thought better -to apply the sums then given, toward the defence of New York, -Charleston, and New Orleans chiefly, as most open and most -likely first to need protection; and to leave places less immediately -in danger to the provisions of the present session. - -The gun-boats, too, already provided, have on a like principle -been chiefly assigned to New York, New Orleans, and the Chesapeake. -Whether our movable force on the water, so material -in aid of the defensive works on the land, should be augmented -in this or any other form, is left to the wisdom of the legislature. -For the purpose of manning these vessels in sudden attacks on -our harbors, it is a matter for consideration, whether the seamen -of the United States may not justly be formed into a special -militia, to be called on for tours of duty in defence of the harbors -where they shall happen to be; the ordinary militia of the place -furnishing that portion which may consist of landsmen. - -The moment our peace was threatened, I deemed it indispensable -to secure a greater provision of those articles of military -stores with which our magazines were not sufficiently furnished. -To have awaited a previous and special sanction by law would -have lost occasions which might not be retrieved. I did not -hesitate, therefore, to authorize engagements for such supplements -to our existing stock as would render it adequate to the emergencies -threatening us; and I trust that the legislature, feeling -the same anxiety for the safety of our country, so materially advanced -by this precaution, will approve, when done, what they -would have seen so important to be done if then assembled. -Expenses, also unprovided for, arose out of the necessity of calling -all our gun-boats into actual service for the defence of our -harbors; of all which accounts will be laid before you. - -Whether a regular army is to be raised, and to what extent, -must depend on the information so shortly expected. In the -meantime, I have called on the States for quotas of militia, to -be in readiness for present defence; and have, moreover, encouraged -the acceptance of volunteers; and I am happy to inform -you that these have offered themselves with great alacrity in -every part of the Union. They are ordered to be organized, and -ready at a moment's warning to proceed on any service to which -they may be called, and every preparation within the executive -powers has been made to insure us the benefit of early exertions. - -I informed Congress at their last session of the enterprises -against the public peace, which were believed to be in preparation -by Aaron Burr and his associates, of the measures taken to -defeat them, and to bring the offenders to justice. Their enterprises -were happily defeated by the patriotic exertions of the -militia wherever called into action, by the fidelity of the army, -and energy of the commander-in-chief in promptly arranging -the difficulties presenting themselves on the Sabine, repairing to -meet those arising on the Mississippi, and dissipating, before their -explosion, plots engendering there. I shall think it my duty to -lay before you the proceedings and the evidence publicly exhibited -on the arraignment of the principal offenders before the -circuit court of Virginia. You will be enabled to judge whether -the defeat was in the testimony, in the law, or in the administration -of the law; and wherever it shall be found, the legislature -alone can apply or originate the remedy. The framers of -our constitution certainly supposed they had guarded, as well -their government against destruction by treason, as their citizens -against oppression, under pretence of it; and if these ends are -not attained, it is of importance to inquire by what means, more -effectual, they may be secured. - -The accounts of the receipts of revenue, during the year ending -on the thirtieth day of September last, being not yet made -up, a correct statement will be hereafter transmitted from the -treasury. In the meantime, it is ascertained that the receipts -have amounted to near sixteen millions of dollars, which, with -the five millions and a half in the treasury at the beginning of -the year, have enabled us, after meeting the current demands -and interest incurred, to pay more than four millions of the -principal of our funded debt. These payments, with those of -the preceding five and a half years, have extinguished of the -funded debt twenty-five millions and a half of dollars, being the -whole which could be paid or purchased within the limits of -the law and of our contracts, and have left us in the treasury -eight millions and a half of dollars. A portion of this sum may -be considered as a commencement of accumulation of the surpluses -of revenue, which, after paying the instalments of debts -as they shall become payable, will remain without any specific -object. It may partly, indeed, be applied toward completing the -defence of the exposed points of our country, on such a scale as -shall be adapted to our principles and circumstances. This object -is doubtless among the first entitled to attention, in such a -state of our finances, and it is one which, whether we have -peace or war, will provide security where it is due. Whether -what shall remain of this, with the future surpluses, may be -usefully applied to purposes already authorized, or more usefully -to others requiring new authorities, or how otherwise they shall -be disposed of, are questions calling for the notice of Congress, -unless indeed they shall be superseded by a change in our public -relations now awaiting the determination of others. Whatever -be that determination, it is a great consolation that it will become -known at a moment when the supreme council of the nation is -assembled at its post, and ready to give the aids of its wisdom -and authority to whatever course the good of our country shall -then call us to pursue. - -Matters of minor importance will be the subjects of future -communications; and nothing shall be wanting on my part -which may give information or despatch to the proceedings of -the legislature in the exercise of their high duties, and at a moment -so interesting to the public welfare. - - -SPECIAL MESSAGE.--NOVEMBER 23, 1807. - -_To the Senate and House of Representatives of the United -States_:-- - -Agreeably to the assurance in my message at the opening of -the present session of Congress, I now lay before you a copy of -the proceedings, and of the evidence exhibited on the arraignment -of Aaron Burr, and others, before the circuit court of the -United States, held in Virginia, in the course of the present year, -in as authentic form as their several parts have admitted. - - -SPECIAL MESSAGE.--DECEMBER 18, 1807. - -_To the Senate and House of Representatives of the United -States_:-- - -The communications now made, showing the great and increasing -dangers with which our vessels, our seamen, and merchandise, -are threatened on the high seas and elsewhere, from -the belligerent powers of Europe, and it being of great importance -to keep in safety these essential resources, I deem it my -duty to recommend the subject to the consideration of Congress, -who will doubtless perceive all the advantages which may be -expected from an inhibition of the departure of our vessels from -the ports of the United States. - -Their wisdom will also see the necessity of making every -preparation for whatever events may grow out of the present -crisis. - - -SPECIAL MESSAGE.--JANUARY 20, 1808. - -_To the House of Representatives of the United States_:-- - -Some days previous to your resolution of the 13th instant, a -court of inquiry had been instituted at the request of General -Wilkinson, charged to make the inquiry into his conduct which -the first resolution desires, and had commenced their proceedings. -To the judge-advocate of that court the papers and information -on that subject, transmitted to me by the House of Representatives, -have been delivered, to be used according to the rules and -powers of that court. - -The request of a communication of any information, which -may have been received at any time since the establishment of -the present government, touching combinations with foreign nations -for dismembering the Union, or the corrupt receipt of -money by any officer of the United States from the agents of -foreign governments, can be complied with but in a partial degree. - -It is well understood that, in the first or second year of the -presidency of General Washington, information was given to him -relating to certain combinations with the agents of a foreign government -for the dismemberment of the Union; which combinations -had taken place before the establishment of the present -federal government. This information, however, is believed -never to have been deposited in any public office, or left in that -of the president's secretary, these having been duly examined, -but to have been considered as personally confidential, and, therefore, -retained among his private papers. A communication from -the governor of Virginia to General Washington, is found in the -office of the president's secretary, which, although not strictly -within the terms of the request of the House of Representatives, -is communicated, inasmuch as it may throw some light on the -subjects of the correspondence of that time, between certain foreign -agents and citizens of the United States. - -In the first or second year of the administration of President -Adams, Andrew Ellicott, then employed in designating, in conjunction -with the Spanish authorities, the boundaries between -the territories of the United States and Spain, under the treaty -with that nation, communicated to the executive of the United -States papers and information respecting the subjects of the present -inquiry, which were deposited in the office of State. Copies -of these are now transmitted to the House of Representatives, -except of a single letter and a reference from the said Andrew -Ellicott, which being expressly desired to be kept secret, is therefore -not communicated, but its contents can be obtained from -himself in a more legal form, and directions have been given to -summon him to appear as a witness before the court of inquiry. - -A paper "on the commerce of Louisiana," bearing date of the -18th of April, 1798, is found in the office of State, supposed to -have been communicated by Mr. Daniel Clark, of New Orleans, -then a subject of Spain, and now of the House of Representatives -of the United States, stating certain commercial transactions -of General Wilkinson, in New Orleans; an extract from this is -now communicated, because it contains facts which may have -some bearing on the questions relating to him. - -The destruction of the war-office, by fire, in the close of 1800, -involved all information it contained at that date. - -The papers already described, therefore, constitute the whole -information on the subjects, deposited in the public offices, during -the preceding administrations, as far as has yet been found; but -it cannot be affirmed that there may be no others, because, the -papers of the office being filed, for the most part, alphabetically, -unless aided by the suggestion of any particular name which may -have given such information, nothing short of a careful examination -of the papers in the offices generally, could authorize such -affirmation. - -About a twelvemonth after I came to the administration of the -government, Mr. Clark gave some verbal information to myself, -as well as to the Secretary of State, relating to the same combinations -for the dismemberment of the Union. He was listened -to freely, and he then delivered the letter of Governor Gagoso, -addressed to himself, of which a copy is now communicated. -After his return to New Orleans, he forwarded to the Secretary -of State other papers, with a request that, after perusal, they -should be burned. This, however, was not done, and he was -so informed by the Secretary of State, and that they would be -held subject to his order. These papers have not yet been found -in the office. A letter, therefore, has been addressed to the former -chief clerk, who may, perhaps, give information respecting them. -As far as our memories enables us to say, they related only to -the combinations before spoken of, and not at all to the corrupt -receipt of money by any officer of the United States; consequently, -they respected what was considered as a dead matter, known -to the preceding administrations, and offering nothing new to -call for investigations, which those nearest the dates of the transactions -had not thought proper to institute. - -In the course of the communications made to me on the subject -of the conspiracy of Aaron Burr, I sometimes received letters, -some of them anonymous, some under names true or false, expressing -suspicions and insinuations against General Wilkinson. -But one only of them, and that anonymous, specified any particular -fact, and that fact was one of those which had already been -communicated to a former administration. - -No other information within the purview of the request of the -house is known to have been received by any department of the -government from the establishment of the present federal government. -That which has recently been communicated to the -House of Representatives, and by them to me, is the first direct -testimony ever made known to me, charging General Wilkinson -with the corrupt receipt of money; and the House of Representatives -may be assured that the duties which this information devolves -on me shall be exercised with rigorous impartiality. -Should any want of power in the court to compel the rendering -of testimony, obstruct that full and impartial inquiry, which -alone can establish guilt or innocence, and satisfy justice, the -legislative authority only will be competent to the remedy. - - -SPECIAL MESSAGE.--JANUARY 30, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -The Choctaws being indebted to their merchants beyond what -could be discharged by the ordinary proceeds of their huntings, -and pressed for payment, proposed to the United States to cede -lands to the amount of their debts, and designated them in two -different portions of their country. These designations not at all -suiting us, were declined. Still, urged by their creditors, as well -as their own desire to be liberated from debt, they at length proposed -to make a cession which should be to our convenience. -By a treaty signed at Pooshapakonuk, on the 16th November, -1805, they accordingly ceded all their lands south of a line to be -run from their and our boundary at the Omochita, eastwardly to -their boundary with the Creeks on the ridge between the Tombigbee -and Alabama, as is more particularly described in the -treaty, containing about five millions of acres, as is supposed, -and uniting our possessions there from Adams to Washington -county. - -The location contemplated in the instructions to the commissioners -was on the Mississippi. That in the treaty being entirely -different, I was, at that time, disinclined to its ratification, and -have suffered it to be unacted on. But progressive difficulties in -our foreign relations have brought into view considerations others -than those which then prevailed. It is perhaps now as interesting -to obtain footing for a strong settlement of militia along our -southern frontier, eastward of the Mississippi, as on the west of -that river, and more so than higher up the river itself. The consolidation -of the Mississippi territory, and the establishment of a -barrier of separation between the Indians and our southern neighbors, -are also important objects; and the Choctaws and their -creditors being still anxious that the sale should be made, I submitted -the treaty to the Senate, who have advised and consented -to its ratification. I, therefore, now lay it before both houses -of Congress for the exercise of their constitutional powers as to -the means of fulfilling it. - - -SPECIAL MESSAGE.--JANUARY 30, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -The posts of Detroit and Mackinac, having been originally -intended by the governments which established and held them, -as mere depôts for the commerce with the Indians, very small -cessions of land around were obtained or asked from the native -proprietors, and these posts depended for protection on the -strength of their garrisons. The principle of our government -leading us to the employment of such moderate garrisons in time -of peace, as may merely take care of the post, and to a reliance -on the neighboring militia for its support in the first moments -of war, I have thought it would be important to obtain from the -Indians such a cession of the neighborhood of these posts as -might maintain a militia proportioned to this object; and I have -particularly contemplated, with this view, the acquisition of the -eastern moiety of the peninsula between the lakes Huron, -Michigan, and Erie, extending it to the Connecticut reserve, so -soon as it could be effected with the perfect good will of the natives. - -By a treaty concluded at Detroit, on the 17th of November -last, with the Ottawas, Chippewas, Wyandots, and Pottawatomies, -so much of this country has been obtained as extends from -about Saguina bay southwardly to the Miami of the lakes, supposed -to contain upward of five millions of acres, with a prospect -of obtaining, for the present, a breadth of two miles for a -communication from the Miami to the Connecticut reserve. - -The Senate having advised and consented to the ratification -of this treaty, I now lay it before both houses of Congress for -the exercise of their constitutional powers as to the means of -fulfilling it. - - -SPECIAL MESSAGE.--FEBRUARY 2, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -Having received an official communication of certain orders -of the British government against the maritime rights of neutrals, -bearing date of the 11th of November, 1807, I transmitted to -Congress, as a further proof of the increasing dangers to our navigation -and commerce which led to the provident measures of -the present session, laying an embargo on our own vessels. - - -SPECIAL MESSAGE.--FEBRUARY 4, 1808. - -_To the House of Representatives of the United States_:-- - -In my message, January 20th, I stated that some papers forwarded -by Mr. Daniel Clark, of New Orleans, to the Secretary -of State, in 1803, had not then been found in the office of State; -and that a letter had been addressed to the former chief clerk, in -the hope that he might advise where they should be sought for. -By indications received from him they are now found. Among -them are two letters from the Baron de Carondelet to an officer -serving under him at a separate post, in which his views of a dismemberment -of our Union are expressed. Extracts of so much -of these letters as are within the scope of the resolutions of the -house, are now communicated. With these were found the letters -from Mr. Clark, to the Secretary of State, in 1803. A part -of one only of these relates to this subject, and is extracted and -enclosed for the information of the house. In no part of the -papers communicated by Mr. Clark, which are voluminous, and -in different languages, nor in his letters, have we found any intimation -of the corrupt receipt of money by any officer of the -United States from any foreign nation. As to the combinations -with foreign agents for the dismemberment of the Union, these -papers and letters offer nothing which was not probably known -to my predecessors, or which could call anew for inquiries, which -they had not thought necessary to institute, when the facts were -recent and could be better proved. They probably believed it -best to let pass into oblivion transactions, which, however culpable, -had commenced before this government existed, and had -been finally extinguished by the treaty of 1795. - - -SPECIAL MESSAGE.--FEBRUARY 9, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -I communicate to Congress, for their information, a letter from -the person acting in the absence of our consul at Naples, giving -reason to believe, on the affidavit of a Captain Sheffield of the -American schooner Mary Ann, that the dey of Algiers had commenced -war against the United States. For this no just cause -has been given on our part within my knowledge. We may -daily expect more authentic and particular information on the -subject from Mr. Lear, who was residing as our consul at Algiers. - - -SPECIAL MESSAGE.--FEBRUARY 15, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -I communicate for the information of Congress a letter from the -consul of the United States at Malaga, to the Secretary of State, -covering one from Mr. Lear, our consul at Algiers, which gives -information, that the rupture threatened on the part of the dey -of Algiers has been amicably settled, and the vessels seized by -him are liberated. - - -SPECIAL MESSAGE.--FEBRUARY 19, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -The States of Pennsylvania, Maryland, and Virginia, having, -by their several acts, consented that the road from Cumberland -to the State of Ohio, authorized by the act of Congress of the -29th March, 1806, should pass through those States, and the report -of the commissioners communicated to Congress with my -message of the 31st January, 1807, having been duly considered, -I have approved of the route therein proposed for the said road, -as far as Brownsville, with a single deviation since located, which -carries it through Uniontown. - -From thence the course of the Ohio, and the point within the -legal limits at which it shall strike that river, is still to be decided. -In forming this decision, I shall pay material regard to -the interests and wishes of the populous part of the State of -Ohio, and to a future and convenient connection with the road -which is to lead from the Indian boundary near Cincinnati, by -Vincennes to the Mississippi, at St. Louis, under authority of the -act, 21st April, 1806. In this way we may accomplish a continued -and advantageous line of communication from the seat -of the general government to St. Louis, passing through several -very interesting points of the western country. - -I have thought it advisable also to secure from obliteration the -trace of the road so far as it has been approved, which has been -executed at such considerable expense, by opening one half of -its breadth through its whole length. - -The report of the commissioners, herewith transmitted, will -give particular information of their proceedings, under the act of -the 29th March, 1806, since the date of my message of the 31st -January, 1807, and will enable Congress to adopt further measures -relative thereto, as they may deem proper under existing circumstances. - - -SPECIAL MESSAGE.--FEBRUARY 25, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -The dangers of our country, arising from the contests of other -nations and the urgency of making preparation for whatever -events might affect our relations with them, have been intimated -in preceding messages to Congress. To secure ourselves by due -precautions, an augmentation of our military force, as well regular -as of volunteer militia, seems to be expedient. The precise -extent of that augmentation cannot as yet be satisfactorily suggested, -but that no time may be lost, and especially at a season -deemed favorable to the object, I submit to the wisdom of the -legislature whether they will authorize a commencement of this -precautionary work by a present provision for raising and organizing -some additional force; reserving to themselves to decide -its ultimate extent on such views of our situation as I may -be enabled to present at a future day of the session. - -If an increase of force be now approved, I submit to their consideration -the outlines of a plan proposed in the enclosed letter -from the Secretary of War. - -I recommend, also, to the attention of Congress, the term at -which the act of April 18th, 1806, concerning the militia, will -expire, and the effect of that expiration. - - -SPECIAL MESSAGE.--MARCH 7, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -In the city of New Orleans, and adjacent to it, are sundry -parcels of ground, some of them with buildings and other improvements -on them, which it is my duty to present to the attention -of the legislature. The title to those grounds appear to -have been retained in the former sovereigns of the province of -Louisiana, as public fiduciaries, and for the purposes of the province. -Some of them were used for the residence of the governor, -for public offices, hospitals, barracks, magazines, fortifications, -levees, &c., others for the townhouse, schools, markets, -landings, and other purposes of the city of New Orleans; some -were held by religious corporations or persons; others seem to -have been reserved for future disposition. To these must be -added a parcel called the Batture, which requires more particular -description. It is understood to have been a shoal or elevation -of the bottom of the river, adjacent to the bank of the suburbs -of St. Mary, produced by the successive depositions of mud during -the annual inundations of the river, and covered with water -only during those inundations. At all other seasons it has been -used by the city, immemorially to furnish earth for raising their -streets and courtyards, for mortar, and other necessary purposes, -and as a landing or quay for unlading firewood, lumber, and other -articles brought by water. This having been lately claimed -by a private individual, the city opposed the claim on a supposed -legal title in itself; but it has been adjudged that the legal title -was not in the city. It is, however, alleged that that title, originally -in the former sovereigns, was never parted with by them, -but was retained in them for the uses of the city and province, -and consequently has now passed over to the United States. -Until this question can be decided under legislative authority, -measures have been taken, according to law, to prevent any -change in the state of things, and to keep the grounds clear of -intruders. The settlement of this title, the appropriations of -the grounds and improvements formerly occupied for provincial -purposes to the same or such other objects as may be better suited -to present circumstances; the confirmation of the uses in other -parcels to such bodies, corporate or private, as may of right, or -other reasonable considerations, expect them, are matters now -submitted to the legislature. - -The papers and plans now transmitted, will give them such -information on the subject as I possess, and being mostly originals, -I must request that they may be communicated from the one -to the other house to answer the purposes of both. - - -SPECIAL MESSAGE.--MARCH 17, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -I have heretofore communicated to Congress the decrees of the -government of France, of November 21st, 1806, and of Spain, -February 19th, 1807, with the orders of the British government, -of January and November, 1807. - -I now transmit a decree of the Emperor of France, of December -17th, 1807, and a similar decree of the 3d January last, by -his Catholic Majesty. Although the decree of France has not -been received by official communication, yet the different channels -of promulgation through which the public are possessed of -it, with the formal testimony furnished by the government of -Spain, in their decree, leave us without a doubt that such a one -has been issued. These decrees and orders, taken together, want -little of amounting to a declaration that every neutral vessel found -on the high seas, whatsoever be her cargo, and whatsoever foreign -port be that of her departure or destination, shall be deemed -lawful prize; and they prove, more and more, the expediency of -retaining our vessels, our seamen, and property, within our own -harbors, until the dangers to which they are exposed can be removed -or lessened. - - -SPECIAL MESSAGE.--MARCH 18, 1808. - -_To the Senate and House of Representatives of the United -States_: - -The scale on which the military academy at West Point was -originally established, is become too limited to furnish the number -of well-instructed subjects in the different branches of artillery -and engineering which the public service calls for. The want -of such characters is already sensibly felt, and will be increased -with the enlargement of our plans of military preparation. The -chief engineer having been instructed to consider the subject, -and to propose an augmentation which might render the establishment -commensurate with the present circumstances of our -country, has made the report I now transmit for the consideration -of Congress. - -The idea suggested by him of removing the institution to this -place, is also worthy of attention. Beside the advantage of -placing it under the immediate eye of the government, it may -render its benefits common to the naval department, and will -furnish opportunities of selecting on better information, the characters -most qualified to fulfil the duties which the public service -may call for. - - -SPECIAL MESSAGE.--MARCH 22, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -At the opening of the present session I informed the legislature -that the measures which had been taken with the government -of Great Britain for the settlement of our neutral and national -rights, and of the conditions of commercial intercourse -with that nation, had resulted in articles of a treaty which could -not be acceded to on our part; that instructions had consequently -been sent to our ministers there to resume the negotiations, -and to endeavor to obtain certain alterations; and that this was -interrupted by the transaction which took place between the -frigates Leopard and Chesapeake. The call on that government -for reparation of this wrong produced, as Congress have already -been informed, the mission of a special minister to this country, -and the occasion is now arrived when the public interest permits -and requires that the whole of these proceedings should be made -known to you. - -I therefore now communicate the instructions given to our -minister resident at London, and his communications to that government -on the subject of the Chesapeake, with the correspondence -which has taken place here between the Secretary of State -and Mr. Rose, the special minister charged with the adjustment -of that difference; the instructions to our ministers for the formation -of a treaty; their correspondence with the British commissioners -and with their own government on that subject; the -treaty itself, and written declaration of the British commissioners -accompanying it, and the instructions given by us for resuming -the negotiations, with the proceedings and correspondence subsequent -thereto. To these I have added a letter lately addressed -to the Secretary of State from one of our late ministers, which, -though not strictly written in an official character, I think it my -duty to communicate, in order that his views of the proposed -treaty and its several articles may be fairly presented and understood. - -Although I have heretofore and from time to time made such -communications to Congress as to keep them possessed of a general -and just view of the proceedings and dispositions of the government -of France toward this country, yet, in our present critical -situation, when we find no conduct on our part, however impartial -and friendly, has been sufficient to insure from either belligerent -a just respect for our rights, I am desirous that nothing -shall be omitted on my part which may add to your information -on this subject, or contribute to the correctness of the views -which should be formed. The papers which for these reasons -I now lay before you embrace all the communications, official or -verbal, from the French government, respecting the general relations -between the two countries which have been transmitted -through our minister there, or through any other accredited -channel, since the last session of Congress, to which time all information -of the same kind had from time to time been given -them. Some of these papers have already been submitted to -Congress; but it is thought better to offer them again, in order -that the chain of communications, of which they make a part, -may be presented unbroken. - -When, on the 26th of February, I communicated to both -houses the letter of General Armstrong to M. Champagny, I desired -it might not be published, because of the tendency of that -practice to restrain injuriously the freedom of our foreign correspondence. -But perceiving that this caution, proceeding purely -from a regard for the public good, has furnished occasion for -disseminating unfounded suspicions and insinuations, I am induced -to believe that the good which will now result from its -publication, by confirming the confidence and union of our fellow -citizens, will more than countervail the ordinary objection to -such publications. It is my wish, therefore, that it may be now -published. - - -EIGHTH ANNUAL MESSAGE.--NOVEMBER 8, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -It would have been a source, fellow citizens, of much gratification, -if our last communications from Europe had enabled me -to inform you that the belligerent nations, whose disregard of -neutral rights has been so destructive to our commerce, had become -awakened to the duty and true policy of revoking their -unrighteous edicts. That no means might be omitted to produce -this salutary effect, I lost no time in availing myself of the act -authorizing a suspension, in whole or in part, of the several embargo -laws. Our ministers at London and Paris were instructed -to explain to the respective governments there, our disposition to -exercise the authority in such manner as would withdraw the -pretext on which the aggressions were originally founded, and -open the way for a renewal of that commercial intercourse which -it was alleged on all sides had been reluctantly obstructed. As -each of those governments had pledged its readiness to concur -in renouncing a measure which reached its adversary through -the incontestable rights of neutrals only, and as the measure had -been assumed by each as a retaliation for an asserted acquiescence -in the aggressions of the other, it was reasonably expected that -the occasion would have been seized by both for evincing the -sincerity of their profession, and for restoring to the commerce -of the United States its legitimate freedom. The instructions to -our ministers with respect to the different belligerents were necessarily -modified with reference to their different circumstances, -and to the condition annexed by law to the executive power of -suspension, requiring a degree of security to our commerce which -would not result from a repeal of the decrees of France. Instead -of a pledge, therefore, of a suspension of the embargo as to her -in case of such a repeal, it was presumed that a sufficient inducement -might be found in other considerations, and particularly in -the change produced by a compliance with our just demands by -one belligerent, and a refusal by the other, in the relations between -the other and the United States. To Great Britain, whose -power on the ocean is so ascendant, it was deemed not inconsistent -with that condition to state explicitly, that on her rescinding -her orders in relation to the United States their trade would -be opened with her, and remain shut to her enemy, in case of -his failure to rescind his decrees also. From France no answer -has been received, nor any indication that the requisite change -in her decrees is contemplated. The favorable reception of the -proposition to Great Britain was the less to be doubted, as her -orders of council had not only been referred for their vindication -to an acquiescence on the part of the United States no longer to -be pretended, but as the arrangement proposed, while it resisted -the illegal decrees of France, involved, moreover, substantially, -the precise advantages professedly aimed at by the British orders. -The arrangement has nevertheless been rejected. - -This candid and liberal experiment having thus failed, and no -other event having occurred on which a suspension of the embargo -by the executive was authorized, it necessarily remains in -the extent originally given to it. We have the satisfaction, -however, to reflect, that in return for the privations by the measure, -and which our fellow citizens in general have borne with -patriotism, it has had the important effects of saving our mariners -and our vast mercantile property, as well as of affording -time for prosecuting the defensive and provisional measures called -for by the occasion. It has demonstrated to foreign nations the -moderation and firmness which govern our councils, and to our -citizens the necessity of uniting in support of the laws and the -rights of their country, and has thus long frustrated those usurpations -and spoliations which, if resisted, involve war; if submitted -to, sacrificed a vital principle of our national independence. - -Under a continuance of the belligerent measures which, in defiance -of laws which consecrate the rights of neutrals, overspread -the ocean with danger, it will rest with the wisdom of Congress -to decide on the course best adapted to such a state of things; -and bringing with them, as they do, from every part of the -Union, the sentiments of our constituents, my confidence is -strengthened, that in forming this decision they will, with an -unerring regard to the essential rights and interests of the nation, -weigh and compare the painful alternatives out of which a choice -is to be made. Nor should I do justice to the virtues which on -other occasions have marked the character of our fellow citizens, -if I did not cherish an equal confidence that the alternative -chosen, whatever it may be, will be maintained with all the fortitude -and patriotism which the crisis ought to inspire. - -The documents containing the correspondences on the subject -of the foreign edicts against our commerce, with the instructions -given to our ministers at London and Paris, are now laid before you. - -The communications made to Congress at their last session -explained the posture in which the close of the discussion relating -to the attack by a British ship of war on the frigate Chesapeake -left a subject on which the nation had manifested so honorable -a sensibility. Every view of what had passed authorized a -belief that immediate steps would be taken by the British government -for redressing a wrong, which, the more it was investigated, -appeared the more clearly to require what had not been -provided for in the special mission. It is found that no steps -have been taken for the purpose. On the contrary, it will be -seen, in the documents laid before you, that the inadmissible -preliminary which obstructed the adjustment is still adhered to; -and, moreover, that it is now brought into connection with the -distinct and irrelative case of the orders in council. The instructions -which had been given to our ministers at London -with a view to facilitate, if necessary, the reparation claimed by -the United States, are included in the documents communicated. - -Our relations with the other powers of Europe have undergone -no material changes since your last session. The important -negotiations with Spain, which had been alternately suspended -and resumed, necessarily experience a pause under the -extraordinary and interesting crisis which distinguished her internal -situation. - -With the Barbary powers we continue in harmony, with the -exception of an unjustifiable proceeding of the dey of Algiers -toward our consul to that regency. Its character and circumstances -are now laid before you, and will enable you to decide -how far it may, either now or hereafter, call for any measures -not within the limits of the executive authority. - -With our Indian neighbors the public peace has been steadily -maintained. Some instances of individual wrong have, as at -other times, taken place, but in nowise implicating the will of -the nation. Beyond the Mississippi, the Iowas, the Sacs, and -the Alabamas, have delivered up for trial and punishment individuals -from among themselves accused of murdering citizens of -the United States. On this side of the Mississippi, the Creeks -are exerting themselves to arrest offenders of the same kind; and -the Choctaws have manifested their readiness and desire for -amicable and just arrangements respecting depredations committed -by disorderly persons of their tribe. And, generally, -from a conviction that we consider them as part of ourselves, -and cherish with sincerity their rights and interests, the attachment -of the Indian tribes is gaining strength daily--is extending -from the nearer to the more remote, and will amply requite us -for the justice and friendship practised towards them. Husbandry -and household manufacture are advancing among them, -more rapidly with the southern than the northern tribes, from -circumstances of soil and climate; and one of the two great -divisions of the Cherokee nation have now under consideration -to solicit the citizenship of the United States, and to be identified -with us in laws and government, in such progressive manner -as we shall think best. - -In consequence of the appropriations of the last session of -Congress for the security of our seaport towns and harbors, such -works of defence have been erected as seemed to be called for by -the situation of the several places, their relative importance, and -the scale of expense indicated by the amount of the appropriation. -These works will chiefly be finished in the course of the present -season, except at New York and New Orleans, where most was to -be done; and although a great proportion of the last appropriation -has been expended on the former place, yet some further views -will be submitted to Congress for rendering its security entirely -adequate against naval enterprise. A view of what has been -done at the several places, and of what is proposed to be done, -shall be communicated as soon as the several reports are received. - -Of the gun-boats authorized by the act of December last, it -has been thought necessary to build only one hundred and three -in the present year. These, with those before possessed, are sufficient -for the harbors and waters exposed, and the residue will -require little time for their construction when it is deemed necessary. - -Under the act of the last session for raising an additional military -force, so many officers were immediately appointed as were -necessary for carrying on the business of recruiting, and in proportion -as it advanced, others have been added. We have reason -to believe their success has been satisfactory, although such returns -have not yet been received as enable me to present to you -a statement of the numbers engaged. - -I have not thought it necessary in the course of the last -season to call for any general detachments of militia or volunteers -under the law passed for that purpose. For the ensuing -season, however, they will require to be in readiness should their -services be wanted. Some small and special detachments have -been necessary to maintain the laws of embargo on that portion -of our northern frontier which offered peculiar facilities for -evasion, but these were replaced as soon as it could be done by -bodies of new recruits. By the aid of these, and of the armed -vessels called into actual service in other quarters, the spirit of -disobedience and abuse which manifested itself early, and with -sensible effect while we were unprepared to meet it, has been -considerably repressed. - -Considering the extraordinary character of the times in which -we live, our attention should unremittingly be fixed on the -safety of our country. For a people who are free, and who -mean to remain so, a well-organized and armed militia is their -best security. It is, therefore, incumbent on us, at every meeting, -to revise the condition of the militia, and to ask ourselves if -it is prepared to repel a powerful enemy at every point of our -territories exposed to invasion. Some of the States have paid a -laudable attention to this object; but every degree of neglect is -to be found among others. Congress alone have power to produce -a uniform state of preparation in this great organ of defence; -the interests which they so deeply feel in their own and -their country's security will present this as among the most important -objects of their deliberation. - -Under the acts of March 11th and April 23d, respecting arms, -the difficulty of procuring them from abroad, during the present -situation and dispositions of Europe, induced us to direct our -whole efforts to the means of internal supply. The public factories -have, therefore, been enlarged, additional machineries -erected, and in proportion as artificers can be found or formed, -their effect, already more than doubled, may be increased so as -to keep pace with the yearly increase of the militia. The annual -sums appropriated by the latter act, have been directed to -the encouragement of private factories of arms, and contracts -have been entered into with individual undertakers to nearly the -amount of the first year's appropriation. - -The suspension of our foreign commerce, produced by the injustice -of the belligerent powers, and the consequent losses and -sacrifices of our citizens, are subjects of just concern. The situation -into which we have thus been forced, has impelled us to -apply a portion of our industry and capital to internal manufactures -and improvements. The extent of this conversion is daily increasing, -and little doubt remains that the establishments formed and -forming will--under the auspices of cheaper materials and subsistence, -the freedom of labor from taxation with us, and of protecting -duties and prohibitions--become permanent. The commerce -with the Indians, too, within our own boundaries, is likely -to receive abundant aliment from the same internal source, and -will secure to them peace and the progress of civilization, undisturbed -by practices hostile to both. - -The accounts of the receipts and expenditures during the -year ending on the 30th day of September last, being not yet -made up, a correct statement will hereafter be transmitted from -the Treasury. In the meantime, it is ascertained that the receipts -have amounted to near eighteen millions of dollars, which, with -the eight millions and a half in the treasury at the beginning of -the year, have enabled us, after meeting the current demands -and interest incurred, to pay two millions three hundred thousand -dollars of the principal of our funded debt, and left us in -the treasury, on that day, near fourteen millions of dollars. Of -these, five millions three hundred and fifty thousand dollars will -be necessary to pay what will be due on the first day of January -next, which will complete the reimbursement of the eight per -cent. stock. These payments, with those made in the six years -and a half preceding, will have extinguished thirty-three millions -five hundred and eighty thousand dollars of the principal of the -funded debt, being the whole which could be paid or purchased -within the limits of the law and our contracts; and the amount -of principal thus discharged will have liberated the revenue from -about two millions of dollars of interest, and added that sum annually -to the disposable surplus. The probable accumulation of -the surpluses of revenue beyond what can be applied to the payment -of the public debt, whenever the freedom and safety of our -commerce shall be restored, merits the consideration of Congress. -Shall it lie unproductive in the public vaults? Shall the -revenue be reduced? Or shall it rather be appropriated to the -improvements of roads, canals, rivers, education, and other great -foundations of prosperity and union, under the powers which -Congress may already possess, or such amendment of the constitution -as may be approved by the States? While uncertain of -the course of things, the time may be advantageously employed -in obtaining the powers necessary for a system of improvement, -should that be thought best. - -Availing myself of this the last occasion which will occur of -addressing the two houses of the legislature at their meeting, I -cannot omit the expression of my sincere gratitude for the repeated -proofs of confidence manifested to me by themselves and -their predecessors since my call to the administration, and the -many indulgences experienced at their hands. The same grateful -acknowledgments are due to my fellow citizens generally, -whose support has been my great encouragement under all embarrassments. -In the transaction of their business I cannot have -escaped error. It is incident to our imperfect nature. But I may -say with truth, my errors have been of the understanding, not -of intention; and that the advancement of their rights and interests -has been the constant motive for every measure. On -these considerations I solicit their indulgence. Looking forward -with anxiety to their future destinies, I trust that, in their -steady character unshaken by difficulties, in their love of liberty, -obedience to law, and support of the public authorities, I see a -sure guaranty of the permanence of our republic; and retiring -from the charge of their affairs, I carry with me the consolation -of a firm persuasion that Heaven has in store for our beloved -country long ages to come of prosperity and happiness. - - -SPECIAL MESSAGE.--DECEMBER 30, 1808. - -_To the Senate and House of Representatives of the United -States_:-- - -I lay before the legislature a letter from Governor Claiborne, -on the subject of a small tribe of Alabama Indians, on the western -side of the Mississippi, consisting of about a dozen families. -Like other erratic tribes in that country, it is understood that -they have hitherto moved from place to place, according to their -convenience, without appropriating to themselves exclusively -any particular territory. But having now become habituated to -some of the occupations of civilized life, they wish for a fixed -residence. I suppose it will be the interest of the United States -to encourage the wandering tribes of that country to reduce -themselves to fixed habitations, whenever they are so disposed. -The establishment of towns, and growing attachment to them, -will furnish, in some degree, pledges of their peaceable and -friendly conduct. The case of this particular tribe is now submitted -to the consideration of Congress. - - -SPECIAL MESSAGE.--JANUARY 6, 1809. - -_To the Senate and House of Representatives of the United -States_:-- - -I now lay before Congress a statement of the works of defence -which it has been thought necessary to provide in the first -instance, for the security of our seaports, towns, and harbors, and -of the progress toward their completion; their extent has been -adapted to the scale of the appropriation, and to the circumstances -of the several places. - -The works undertaken at New York are calculated to annoy -and endanger any naval force which shall enter the harbor, and, -still more, one which should attempt to lie before the city. To -prevent altogether the entrance of large vessels, a line of blocks -across the harbor has been contemplated, and would, as is believed, -with the auxiliary means already provided, render that -city safe against naval enterprise. The expense, as well as the -importance of the work, renders it a subject proper for the special -consideration of Congress. - -At New Orleans, two separate systems of defence are necessary; -the one for the river, the other for the lake, which, at present, -can give no aid to one another. The canal now leading -from the lake, if continued into the river, would enable the -armed vessels in both stations to unite, and to meet in conjunction -an attack from either side; half the aggregate force would -then have the same effect as the whole; or the same force double -the effect of what either can have. It would also enable the -vessels stationed in the lake, when attacked by superior force, to -retire to a safer position in the river. The same considerations -of expense and importance renders this also a question for the -special decision of Congress. - - * * * * * - -Circumstances, fellow citizens, which seriously threatened the -peace of our country, have made it a duty to convene you at an -earlier period than usual. The love of peace, so much cherished -in the bosoms of our citizens, which has so long guided the proceedings -of the public councils, and induced forbearance under -so many wrongs, may not insure our continuance in the quiet -_States_:-- - - - - -PART III. - -REPLIES TO PUBLIC ADDRESSES. - - -MESSRS. NEHEMIAH DODGE, EPHRAIM ROBBINS, AND STEPHEN S. NELSON, A -COMMITTEE OF THE DANBURY BAPTIST ASSOCIATION, IN THE STATE OF CONNECTICUT. - - January 1, 1802. - -GENTLEMEN,--The affectionate sentiments of esteem and approbation -which you are so good as to express towards me, on -behalf of the Danbury Baptist Association, give me the highest -satisfaction. My duties dictate a faithful and zealous pursuit of -the interests of my constituents, and in proportion as they are -persuaded of my fidelity to those duties, the discharge of them -becomes more and more pleasing. - -Believing with you that religion is a matter which lies solely -between man and his God, that he owes account to none other -for his faith or his worship, that the legislative powers of government -reach actions only, and not opinions, I contemplate with -sovereign reverence that act of the whole American people which -declared that their legislature should "make no law respecting an -establishment of religion, or prohibiting the free exercise thereof," -thus building a wall of separation between church and State. -Adhering to this expression of the supreme will of the nation in -behalf of the rights of conscience, I shall see with sincere satisfaction -the progress of those sentiments which tend to restore to -man all his natural rights, convinced he has no natural right in -opposition to his social duties. - -I reciprocate your kind prayers for the protection and blessing -of the common Father and Creator of man, and tender you for -yourselves and your religious association, assurances of my high -respect and esteem. - - -TO WILLIAM JUDD, ESQUIRE, CHAIRMAN. - - WASHINGTON, November 15, 1802. - -Expressions of confidence from the respectable description of -my fellow citizens, in whose name you have been pleased to address -me, are received with that cordial satisfaction which kindred -principles and sentiments naturally inspire. - -The proceedings which they approve were sincerely intended -for the general good; and if, as we hope, they should in event -produce it, they will be indebted for it to the wisdom of our legislative -councils, and of those distinguished fellow laborers whom -the laws have permitted me to associate in the general administration. - -Exercising that discretion which the constitution has confided -to me in the choice of public agents, I have been sensible, -on the one hand, of the justice done to those who have been systematically -excluded from the service of their country, and attentive, -on the other, to restore justice in such a way as might least -affect the sympathies and the tranquillity of the public mind. -Deaths, resignations, delinquencies, malignant and active opposition -to the order of things established by the will of the nation, -will, it is believed, within a moderate space of time, make room -for a just participation in the management of the public affairs; -and that being once effected, future changes at the helm will be -viewed with tranquillity by those in subordinate station. - -Every wish of my heart will be completely gratified when -that portion of my fellow citizens which has been misled as to -the character of our measures and principles, shall, by their salutary -effects, be corrected in their opinions, and joining with good -will the great mass of their fellow citizens, consolidate an union -which cannot be too much cherished. - -I pray you, Sir, to accept for yourself, and for the general -meeting of the Republicans of the State of Connecticut at New -Haven, whose sentiments you have been so good as to convey -to me, assurances of my high consideration and respect. - - -TO THE LEGISLATURE OF THE STATE OF TENNESSEE. - - December 24, 1803. - -Amidst the anxieties which are felt for the favorable issue of -measures adopted for promoting the public good, it is a consolation -to meet the approbation of those on whose behalf they are -instituted. I shall certainly endeavor to merit a continuance of -the good opinion which the legislature of Tennessee have been -pleased to express in their address of the 8th November, by a -zealous attention to the interests of my constituents; and shall -count on a candid indulgence whenever untoward events may -happen to disappoint well-founded expectations. - -In availing our western brethren of those circumstances which -occur for promoting their interests, we only perform that duty -which we owe to every portion of the Union, under occurrences -equally favorable; and, impressed with the inconveniences to -which the citizens of Tennessee are subjected by a want of contiguity -in the portions composing their State, I shall be ready to -do for their relief, whatever the general legislature may authorize, -and justice to our neighbors permit. - -The acquisition of Louisiana, although more immediately -beneficial to the western States, by securing for their produce a -certain market, not subject to interruption by officers over whom -we have no control, yet is also deeply interesting to the maritime -portion of our country, inasmuch as by giving the exclusive -navigation of the Mississippi, it avoids the burthens and sufferings -of a war, which conflicting interests on that river would inevitably -have produced at no distant period. It opens, too, a fertile -region for the future establishments in the progress of that multiplication -so rapidly taking place in all parts. - -I have seen with great satisfaction the promptitude with which -the first portions of your militia repaired to the standard of their -country. It was deemed best to provide a force equal to any -event which might arise out of the transaction, and especially to -the preservation of order, among our newly-associated brethren, -in the first moments of their transition from one authority to another. -I tender to the legislature of Tennessee assurances of my -high respect and consideration. - - -TO THE TWO BRANCHES OF THE LEGISLATURE OF MASSACHUSETTS. - - February 14, 1807. - -It is with sincere pleasure that I receive, from the two branches -of the legislature of Massachusetts, an address, expressive of their -satisfaction with the administration of our government. The -approbation of my constituents is truly the most valued reward -for any services it has fallen to my lot to render them--their confidence -and esteem, the greatest consolation of my life. The -measures which you have been pleased particularly to note, I -have believed to have been for the best interests of our country. -But far from assuming their merit to myself, they belong first, to -a wise and patriotic legislature, which has given them the form -and sanction of law, and next, to my faithful and able fellow-laborers -in the Executive administration. - -The progression of sentiment in the great body of our fellow -citizens of Massachusetts, and the increasing support of their -opinion, I have seen with satisfaction, and was ever confident I -should see; persuaded that an enlightened people, whenever they -should view impartially the course we have pursued, could never -wish that our measures should have been reversed; could never -desire that the expenses of the government should have been increased, -taxes multiplied, debt accumulated, wars undertaken, -and the tomahawk and scalping knife left in the hands of our -neighbors, rather than the hoe and plough. In whatever tended -to strengthen the republican features of our constitution, we -could not fail to expect from Massachusetts, the cradle of our -revolutionary principles, an ultimate concurrence; and cultivating -the peace of nations, with justice and prudence, we yet were always -confident that, whenever our rights would be to be vindicated -against the aggression of foreign foes, or the machinations -of internal conspirators, the people of Massachusetts, so prominent -in the military achievements which placed our country in the -right of self-government, would never be found wanting in their -duty to the calls of their country, or the requisitions of their -government. - -During the term, which yet remains, of my continuance in the -station assigned me, your confidence shall not be disappointed, -so far as faithful endeavors for your service can merit it. - -I feel with particular sensibility your kind expressions towards -myself personally; and I pray that that Providence in whose -hand are the nations of the earth, may continue towards ours -his fostering care, and bestow on yourselves the blessings of His -protection and favor. - - -TO THE PRESIDENT OF THE SENATE, AND SPEAKER OF THE HOUSE OF -REPRESENTATIVES OF MASSACHUSETTS. - - WASHINGTON, February 14, 1807. - -GENTLEMEN,--I acknowledge, in the first moment it has been -in my power, the receipt of your joint letter of January 26th, -with the address of the two branches of legislature of Massachusetts, -expressing their approbation of the proceedings of our government. -This declaration cannot fail to give particular and -general satisfaction to our fellow citizens, and to produce wholesome -effects at home and abroad. The remarkable union of -sentiment which pervaded nearly the whole of the States and -territories composing our nation, was such, indeed, as to inspire -a just confidence in the course we had to pursue. Yet something -was sensibly wanting to fill up the measure of our happiness, -while a member so important, so esteemed as Massachusetts, -had not yet declared its participation in the common sentiment. -That it is now done, will be a subject of mutual congratulation. - -I am sensible that the terms in which you have been pleased -to make this communication, are not merely those of official duty. -I feel how much I am indebted to the kind and friendly disposition -they manifest; and I cherish them as proofs of an esteem -highly valued. - -Permit me, through you, to return to the two branches of the -legislature the enclosed answer, and accept the assurances of my -esteem and high consideration. - - -TO MESSRS. THOMAS, ELLICOT, AND OTHERS. - - November 13, 1807. - -FRIENDS AND FELLOW CITIZENS,--I thank you for the address -you have kindly presented me, on behalf of that portion of the -Society of Friends of which you are the representatives, and I -learn with satisfaction their approbation of the principles which -have influenced the councils of the general government in their -decisions on several important subjects confided to them. - -The desire to preserve our country from the calamities and -ravages of war, by cultivating a disposition, and pursuing a conduct, -conciliatory and friendly to all nations, has been sincerely -entertained and faithfully followed. It was dictated by the principles -of humanity, the precepts of the gospel, and the general -wish of our country, and it was not to be doubted that the Society -of Friends, with whom it is a _religious_ principle, would sanction -it by their support. - -The same philanthropic motives have directed the public endeavors -to ameliorate the condition of the Indian natives, by introducing -among them a knowledge of agriculture and some of -the mechanic arts, by encouraging them to resort to these as -more certain, and less laborious resources for subsistence than the -chase; and by withholding from them the pernicious supplies of -ardent spirits. They are our brethren, our neighbors; they may -be valuable friends, and troublesome enemies. Both duty and -interest then enjoin, that we should extend to them the blessings -of civilized life, and prepare their minds for becoming useful -members of the American family. In this important work I owe -to your society an acknowledgment that we have felt the benefits -of their zealous co-operation, and approved its judicious direction -towards producing among those people habits of industry, -comfortable subsistence, and civilized usages, as preparatory to -religious instruction and the cultivation of letters. - -Whatever may have been the circumstances which influenced -our forefathers to permit the introduction of personal bondage -into any part of these States, and to participate in the wrongs -committed on an unoffending quarter of the globe, we may rejoice -that such circumstances, and such a sense of them, exist no -longer. It is honorable to the nation at large that their legislature -availed themselves of the first practicable moment for arresting -the progress of this great moral and political error; and I sincerely -pray with you, my friends, that all the members of the -human family may, in the time prescribed by the Father of us -all, find themselves securely established in the enjoyment of life, -liberty, and happiness. - - -TO CAPTAIN JOHN THOMAS. - - WASHINGTON, November 18, 1807. - -SIR,--I received on the 14th instant your favor of August 31, -and I beg you to assure my fellow citizens of the Baptist church -of Newhope meeting-house, that I learn with great satisfaction -their approbation of the principles which have guided the present -administration of the government. To cherish and maintain the -rights and liberties of our citizens, and to ward from them the -burthens, the miseries, and the crimes of war, by a just and -friendly conduct towards all nations, were among the most obvious -and important duties of those to whom the management of -their public interests have been confided; and happy shall we be -if a conduct guided by these views on our part, shall secure to us -a reciprocation of peace and justice from other nations. - -Among the most inestimable of our blessings, also, is that you -so justly particularize, of liberty to worship our Creator in the -way we think most agreeable to his will; a liberty deemed in -other counties incompatible with good government, and yet -proved by our experience to be its best support. - -Your confidence in my dispositions to befriend every human -right is highly grateful to me, and is rendered the more so by a -consciousness that these dispositions have been sincerely entertained -and pursued. I am thankful for the kindness expressed -towards me personally, and pray you to return to the society in -whose name you have addressed me, my best wishes for their -happiness and prosperity; and to accept for yourself assurances -of my great esteem and respect. - - -TO HIS EXCELLENCY GOVERNOR SMITH. - - WASHINGTON, December 1, 1807. - -SIR,--The Secretary of State has communicated to me your -letter to him of the 14th of November, covering the resolutions -of the General Assembly of Vermont of the 4th of the same -month. - -The sentiments expressed by the General Assembly of Vermont -on the late hostile attack on the Chesapeake by the Leopard -ship-of-war, as well as on other violations of our maritime and -territorial rights, are worthy of their known patriotism; and their -readiness to rally around the constituted authorities of their country, -and to support its rights with their lives and fortunes, is the -more honorable to them as exposed by their position, in front of -the contest. The issue of the present misunderstandings cannot -now be foreseen; but the measures adopted for their settlement -have been sincerely directed to maintain the rights, the honor, -the peace of our country; and the approbation of them expressed -by the General Assembly is to me a confirmation of their correctness. - -The confidence they are pleased to declare in my personal -care of the public interests, is highly gratifying to me, and gives -a new claim to everything which zeal can effect for their service. - -I beg leave to tender to the General Assembly of Vermont, and -to yourself, the assurances of my high consideration and respect. - - -TO THE LEGISLATURE OF VERMONT. - - December 10, 1807. - -I received in due season the _address_ of the Legislature of -Vermont, bearing date the 5th of November 1806, in which, with -their approbation of the general course of my administration, -they were so good as to express their desire that I would consent -to be proposed again, to the public voice, on the expiration of -my present term of office. Entertaining, as I do, for the legislature -of Vermont those sentiments of high respect which would -have prompted an immediate answer, I was certain, nevertheless, -they would approve a delay which had for its object to avoid a -premature agitation of the public mind, on a subject so interesting -as the election of a chief magistrate. - -That I should lay down my charge at a proper period, is as -much a duty as to have borne it faithfully. If some termination -to the services of the chief magistrate be not fixed by the -constitution, or supplied by practice, his office, nominally for -years, will, in fact, become for life; and history shows how easily -that degenerates into an inheritance. Believing that a representative -government, responsible at short periods of election, is that -which produces the greatest sum of happiness to mankind, I feel -it a duty to do no act which shall essentially impair that principle; -and I should unwillingly be the person who, disregarding -the sound precedent set by an illustrious predecessor, should furnish -the first example of prolongation beyond the second term -of office. - -Truth, also, requires me to add, that I am sensible of that decline -which advancing years bring on; and feeling their physical, -I ought not to doubt their mental effect. Happy if I am the -first to perceive and to obey this admonition of nature, and to -solicit a retreat from cares too great for the wearied faculties -of age. - -For the approbation which the legislature of Vermont has been -pleased to express of the principles and measures pursued in the -management of their affairs, I am sincerely thankful; and should -I be so fortunate as to carry into retirement the equal approbation -and good will of my fellow citizens generally, it will be the -comfort of my future days, and will close a service of forty -years with the only reward it ever wished. - - * * * * * - -"Addresses approving the general course of his administration, were also -received from Georgia, December 6th, 1806; from Rhode Island, February -27th, 1807; from New York, March 13th, 1807; from Pennsylvania, March -13th, 1807; and from Maryland, January 3d, 1807; to all which answers -like that sent to Vermont, were returned."--_Ed._ - - -TO THE REPRESENTATIVES OF THE PEOPLE OF NEW JERSEY IN -THEIR LEGISLATURE. - - December 10, 1807. - -The sentiments, fellow citizens, which you are pleased to express -in your address of the 4th inst., of attachment and esteem -for the general government, and of confidence and approbation -of those who direct its councils, cannot but be pleasing to the -friends of union generally, and give a new claim on all those -who direct the public affairs, for everything which zeal can effect -for the good of their country. - -It is indeed to be deplored that distant as we are from the -storms and convulsions which agitate the European world, the -pursuit of an honest neutrality, beyond the reach of reproach, -has been insufficient to secure to us the certain enjoyment of -peace with those whose interests as well as ours would be promoted -by it. What will be the issue of present misunderstandings -cannot as yet be foreseen; but the measures adopted for -their settlement have been sincerely directed to maintain the -rights, the honor, and the peace of our country. Should they -fail, the ardor of our citizens to obey the summons of their -country, and the offer which you attest, of their lives and fortunes -in its support, are worthy of their patriotism, and are -pledges of our safety. - -The suppression of the late conspiracy by the hand of the -people, uplifted to destroy it whenever it reared its head, manifests -their fitness for self-government, and the power of a nation, -of which every individual feels that his own will is a part of -the public authority. - -The effect of the public contributions in reducing the national -debt, and liberating our resources from the canker of interest, -has been so far salutary, and encourages us to continue in the -same course; or, if necessarily interrupted, to resume it as soon -as practicable. - -I perceive with sincere pleasure that my conduct in the chief -magistracy has so far met your approbation, that my continuance -in that office, after its present term, would be acceptable to you. -But that I should lay down my charge at a proper period is as -much a duty as to have borne it faithfully. If some termination -to the services of the chief magistrate be not fixed by the constitution, -or supplied by practice, his office, nominally for years, -will, in fact, become for life, and history shows how easily that -degenerates into an inheritance. Believing that a representative -government, responsible at short periods of election, is that -which produces the greatest sum of happiness to mankind, I feel -it a duty to do no act which shall essentially impair that principle; -and I should unwillingly be the person who, disregarding the -sound precedent set by an illustrious predecessor, should furnish -the first example of prolongation beyond the second term of office. - -Truth also obliges me to add, that I am sensible of that decline -which advancing years bring on, and feeling their physical, -I ought not to doubt their mental effect. Happy if I am the -first to perceive and to obey this admonition of nature, and to -solicit a retreat from cares too great for the wearied faculties of -age. - -Declining a re-election on grounds which cannot but be approved, -I am sincerely thankful for the approbation which the -Legislature of New Jersey are pleased to manifest of the principles -and measures pursued in the management of their affairs; -and should I be so fortunate as to carry into retirement the equal -approbation and good will of my fellow citizens generally, it -will be the comfort of my future days, and will close a service -of forty years with the only reward it ever wished. - - -TO THE TAMMANY SOCIETY OF THE CITY OF WASHINGTON. - - December 14, 1807. - -The appearances for some time past, threatening our peace, -fellow citizens, have justly excited a general anxiety; and I have -been happy to receive from every quarter of the Union the most -satisfactory assurances of fidelity to our country, and of devotion -to the support of its rights. Your concurrence in these sentiments, -expressed in the address you have been pleased to present -me, is a proof of your patriotism, and of that firm spirit which -constitutes the ultimate appeal of nations. What will be the -issue of present misunderstandings, is, as yet, unknown. But, willing -ourselves to do justice to others, we ought to expect it from -them. If any among us view erroneously the rights which late -events have brought into question, let us hope that they will be -corrected by the further investigation of reason; but, at all -events, that they will acquiesce in what their country shall -authoritatively decide, and arrange themselves faithfully under -the banners of the law. - -Your approbation of the measures which have been pursued, -is a pleasing confirmation of their correctness; and, with particular -thankfulness for the kind expressions of your address towards -myself personally, I reciprocate sincere wishes for your welfare. - - -TO MESSRS. ABNER WATKINS AND BERNARD TODD. - - December 21st, 1807. - -I have duly received, fellow citizens, the address of October -21st, which you have been so kind as to forward me on the -part of the society of Baptists, of the Appomatox Association, and -it is with great satisfaction when I learn from my constituents -that the measures pursued in the administration of their affairs, -during the time I have occupied the presidential chair, have met -their approbation. Of the wisdom of these measures, it belongs -to others to judge; that they have always been dictated by a desire -to do what should be most for the public good, I may conscientiously -affirm. Believing that a definite period of retiring -from this station will tend materially to secure our elective form -of government; and sensible, too, of that decline which advancing -years bring on, I have felt it a duty to withdraw at the close -of my present term of office; and to strengthen by practice a -principle which I deem salutary. That others may be found -whose talents and integrity render them proper deposits of the -public liberty and interests, and who have made themselves -known by their eminent services, we can all affirm, of our -personal knowledge. To us it will belong, fellow citizens, -when their country shall have called them to its helm, to give -them our support while there, to facilitate their honest efforts for -the public good, even where other measures might seem to us -more direct, to strengthen the arm of our country by union under -them, and to reserve ourselves for judging them at the constitutional -period of election. - -I pray you to tender to your society, of which you are a committee, -my thanks for the indulgence with which they have -viewed my conduct, with the assurance of my high respect, and -to accept yourselves my friendly and respectful salutations. - - -TO THE GENERAL ASSEMBLY OF NORTH CAROLINA. - - January 10, 1808. - -The wrongs our country has suffered, fellow citizens, by violations -of those moral rules which the Author of our nature has -implanted in man as the law of his nature, to govern him in his -associated, as well as individual character, have been such as -justly to excite the sensibilities you express, and a deep abhorrence -at indications threatening a substitution of power for right -in the intercourse between nations. Not less worthy of your -indignation have been the machinations of parricides who have -endeavored to bring into danger the union of these States, and -to subvert, for the purposes of inordinate ambition, a government -founded in the will of its citizens, and directed to no object -but their happiness. - -I learn, with the liveliest sentiments of gratitude and respect, -your approbation of my conduct, in the various charges which -my country has been pleased to confide to me at different times; -and especially that the administration of our public affairs, since -my accession to the chief magistracy, has been so far satisfactory, -that my continuance in that office after its present term, would -be acceptable to you. But, that I should lay down my charge -at a proper period, is as much a duty as to have borne it faithfully. -If some termination to the services of the chief magistrate -be not fixed by the constitution, or supplied by practice, his -office, nominally for years, will in fact become for life; and history -shows how easily that degenerates into an inheritance. -Believing that a representative government, responsible at short -periods of election, is that which produces the greatest sum of -happiness to mankind, I feel it a duty to do no act which shall -essentially impair that principle; and I should unwillingly be the -person who, disregarding the sound precedent set by an illustrious -predecessor, should furnish the first example of prolongation -beyond the second term of office. - -Truth also obliges me to add, that I am sensible of that decline -which advancing years bring on; and feeling their physical, -I ought not to doubt their mental effect. Happy if I am -the first to perceive and obey this admonition of nature, and to -solicit a retreat from cares too great for the wearied faculties of -age. - -Declining a re-election on grounds which cannot but be approved, -it will be the great comfort of my future days, and the -satisfactory reward of a service of forty years, to carry into retirement -such testimonies as you have been pleased to give, of -the approbation and good will of my fellow citizens generally. -And I supplicate the Being in whose hands we all are, to preserve -our country in freedom and independence, and to bestow -on yourselves the blessings of his favor. - - -TO THE SOCIETY OF TAMMANY, OR COLUMBIAN ORDER, NO. 1, OF -THE CITY OF NEW YORK. - - February 29, 1808. - -I have received your address, fellow citizens, and, thankful -for the expressions so personally gratifying to myself, I contemplate -with high satisfaction the ardent spirit it breathes of -love to our country, and of devotion to its liberty and independence. -The crisis in which it is placed, cannot but be unwelcome -to those who love peace, yet spurn at a tame submission to -wrong. So fortunately remote from the theatre of European -contests, and carefully avoiding to implicate ourselves in them, -we had a right to hope for an exemption from the calamities -which have afflicted the contending nations, and to be permitted -unoffendingly to pursue paths of industry and peace. - -But the ocean, which, like the air, is the common birth-right -of mankind, is arbitrarily wrested from us, and maxims consecrated -by time, by usage, and by an universal sense of right, are -trampled on by superior force. To give time for this demoralizing -tempest to pass over, one measure only remained which -might cover our beloved country from its overwhelming fury: -an appeal to the deliberate understanding of our fellow citizens -in a cessation of all intercourse with the belligerent nations, -until it can be resumed under the protection of a returning sense -of the moral obligations which constitute a law for nations as -well as individuals. There can be no question, in a mind truly -American, whether it is best to send our citizens and property -into certain captivity, and then wage war for their recovery, or -to keep them at home, and to turn seriously to that policy which -plants the manufacturer and the husbandman side by side, and -establishes at the door of every one that exchange of mutual -labors and comforts, which we have hitherto sought in distant -regions, and under perpetual risk of broils with them. Between -these alternatives your address has soundly decided, and I doubt -not your aid, and that of every real and faithful citizen, towards -carrying into effect the measures of your country, and enforcing -the sacred principle, that in opposing foreign wrong there must -be but one mind. - -I receive with sensibility your kind prayers for my future happiness, -and I supplicate a protecting providence to watch over -your own and our country's freedom and welfare. - - -TO THE DELEGATES OF THE DEMOCRATIC REPUBLICANS OF THE CITY -OF PHILADELPHIA IN GENERAL WARD COMMITTEE ASSEMBLED. - - May 25, 1808. - -The epoch, fellow citizens, into which our lot has fallen, has -indeed been fruitful of events, which require vigilance, and embarrass -deliberation. That during such a period of difficulty, -and amidst the perils surrounding us, the public measures which -have been pursued should meet your approbation, is a source of -great satisfaction. It was not expected in this age, that nations -so honorably distinguished by their advances in science and civilization, -would suddenly cast away the esteem they had merited -from the world, and, revolting from the empire of morality, assume -a character in history, which all the tears of their posterity -will never wash from its pages. But during this delirium of the -warring powers, the ocean having become a field of lawless violence, -a suspension of our navigation for a time was equally necessary -to avoid contest, or enter it with advantage. This measure -will, indeed, produce some temporary inconvenience; but -promises lasting good by promoting among ourselves the establishment -of manufactures hitherto sought abroad, at the risk of -collisions no longer regulated by the laws of reason or morality. - -It is to be lamented that any of our citizens, not thinking with -the mass of the nation as to the principles of our government, or -of its administration, and seeing all its proceedings with a prejudiced -eye, should so misconceive and misrepresent our situation -as to encourage aggressions from foreign nations. Our expectation -is, that their distempered views will be understood by others -as they are by ourselves; but should wars be the consequence -of these delusions, and the errors of our dissatisfied citizens find -atonement only in the blood of their sounder brethren, we must -meet it as an evil necessarily flowing from that liberty of speaking -and writing which guards our other liberties; and I have entire -confidence in the assurances that your ardor will be animated, -in the conflicts brought on, by considerations of the necessity, -honor, and justice of our cause. - -I sincerely thank you, fellow citizens, for the concern you so -kindly express for my future happiness. It is a high and abundant -reward for endeavors to be useful; and I supplicate the care -of Providence over the well-being of yourselves and our beloved -country. - - -TO THE LEGISLATURE, COUNCIL, AND HOUSE OF REPRESENTATIVES OF -THE TERRITORY OF ORLEANS. - - WASHINGTON, June 18, 1808. - -I received, fellow citizens, with a just sensibility, the expressions -of esteem and approbation, communicated in your kind address -of the 29th of March, and am thankful for them. The -motives which have led to my retirement from office were dictated -by a sense of duty, and will, I trust, be approved by my -fellow citizens generally. - -It is, indeed, a source of real concern that an impartial neutrality -scrupulously observed towards the belligerent nations of Europe, -has not been sufficient to protect us against encroachments -on our rights; and, although deprecating war, should no alternative -be presented us but disgraceful submission to unlawful pretensions, -I have entire confidence in your assurances that you -will cheerfully submit to whatever sacrifices and privations may -be necessary for vindicating the rights, the honor, and independence -of our nation. - -Far from a disposition to avail ourselves of the peculiar situation -of any belligerent nation to ask concessions incompatible -with their rights, with justice, or reciprocity, we have never proposed -to any the sacrifice of a single right; and in consideration -of existing circumstances, we have ever been willing, where our -duty to other nations permitted us, to relax for a time, and in -some cases, that strictness of right which the laws of nature, the -acknowledgments of the civilized world, and the equality and -independence of nations entitle us to. Should, therefore, excessive -and continued injury compel at length a resort to the means -of self-redress, we are strong in the consciousness that no wrong -committed on our part, no precipitancy in repelling the wrongs -committed by others, no want of moderation in our exactions of -voluntary justice, but undeniable aggressions on us, and the -avowed purpose of continuing them, will have produced a recurrence -so little consonant with our principles or inclinations. - -To carry with me into retirement the approbation and esteem -of my fellow citizens, will, indeed, be the highest reward they -can confer on me, and certainly the only one I have ever desired. -I invoke the favor of heaven, fellow citizens, towards yourselves -and our beloved country. - - -TO THE LEGISLATURE OF NEW HAMPSHIRE. - - August 2, 1808. - -In the review, fellow citizens, which, in your address of the -14th of June, you have taken of the measures pursued since I -have been charged with their direction, I read with great satisfaction -and thankfulness, the approbation you have bestowed on -them; and I feel it an ample reward for any services I may have -been able to render. - -The present moment is certainly eventful, and one which -peculiarly requires that the bond of confederation connecting us -as a nation should receive all the strength which unanimity between -the national councils and the State legislatures can give it. - -The depredations committed on our vessels and property on -the high seas, the violences to the persons of our citizens employed -on that element, had long been the subject of remonstrance -and complaint, when, instead of reparation, new declarations -of wrong are issued, subjecting our navigation to general -plunder. In this state of things our first duty was to withdraw -our sea-faring citizens and property from abroad, and to keep at -home resources so valuable at all times, and so essential, if resort -must ultimately be had to force. - -It gave us time, too, to make a last appeal to the reason and -reputation of nations. In the meanwhile I see with satisfaction -that this measure of self-denial is approved and supported by the -great body of our real citizens; that they meet with cheerfulness -the temporary privations it occasions, and are preparing with -spirit to provide for themselves those comforts and conveniences -of life, for which it would be unwise evermore to recur to distant -countries. How long this course may be preferable to a -more serious appeal, must depend for decision on the wisdom of -the legislature; unless, indeed, a return to established principles -should remove the existing obstacles to a peaceable intercourse -with foreign nations. In every event, fellow citizens, my confidence -is entire that your resolution to maintain our national independence -and sovereignty will be as firm as it has been forbearing; -and looking back on our history, I am assured by the -past, that its future pages will present nothing unworthy of the -former. - -I am happy that you approve of the motives of my retirement. -I shall carry into it ardent prayers for the welfare of my country, -and the sincerest wishes for that of yourselves personally. - - -TO HIS EXCELLENCY GOVERNOR LANGDON. - - August 2, 1808. - -I received in due time your favor of June 24th, covering the -address of the House of Representatives and Senate of New -Hampshire, and I ask leave, through the same channel, to return -the enclosed answer, to be communicated to them in whatever -way you think most acceptable. Highly gratified by this approbation -of the legislature of your State, as it respects myself personally, -the moment at which it is expressed gives it peculiar -value as a public document. It is the testimony of a respectable -legislature in favor of a measure submitting our fellow citizens -to some present sufferings to preserve them from future and -greater, and cannot fail to strengthen the disposition to maintain -it which I am happy to perceive is so general. I tender you -my affectionate salutations, and with every wish for your health -and happiness, the assurance of my high respect and consideration. - - -TO HIS EXCELLENCY GOVERNOR LANGDON. (PRIVATE.) - - MONTICELLO, August 2, 1808. - -MY DEAR SIR,--The enclosed are formal, and for the public; -but in sending them to you I cannot omit the occasion of indulging -my friendship in a more familiar way, and of recalling -myself to your recollection. How much have I wished to have -had you still with us through the years of my employment at -Washington. I have seen with great pleasure the moderation -and circumspection with which you have been kind enough to -act under my letter of May 6th, and I have been highly gratified -with the late general expressions of public sentiment in favor of -a measure which alone could have saved us from immediate war, -and give time to call home eighty millions of property, twenty -or thirty thousand seamen, and two thousand vessels. These -are now nearly at home, and furnish a great capital, much of -which will go into manufactures and seamen to man a fleet of -privateers, whenever our citizens shall prefer war to a longer continuance -of the embargo. Perhaps, however, the whale of the -ocean may be tired of the solitude it has made on that element, -and return to honest principles, and his brother robber on the -land may see that, as to us, the grapes are sour. I think one war -enough for the life of one man; and you and I have gone through -one which at least may lessen our impatience to embark in -another. Still, if it becomes necessary, we must meet it like -men, old men indeed, but yet good for something. But whether -in peace or war, may you have as many years of life as you -desire, with health and prosperity to make them happy years. I -salute you with constant affection and great esteem and respect. - - -TO THE HONORABLE JOSEPH ALSTON, SPEAKER OF THE HOUSE OF -REPRESENTATIVES OF SOUTH CAROLINA. - - MONTICELLO, August 4, 1808. - -SIR,--I have duly received your letter of July 6th, covering -the resolutions of the legislature of South Carolina of June 29th, -and I see in those resolutions a new manifestation of the national -spirit of which South Carolina has given so many proofs. It is -the more exemplary, as it is certain that no State sacrifices more -by the operation of a measure which, whether to avoid war, or -to prepare for it, has been deemed equally necessary. The -unanimity too of these resolutions, does peculiar honor to those -individuals, who differing from the mass of their fellow citizens -in their opinions of government, yet forget all differences when -the rights of their country are in question; who when it is assailed -by foreign wrong, and menaced with the evils of war, instead -of encouraging enemies by forebodings of weakness and -division, present to them one common and undivided front. -Persuaded that the sentiments expressed in these resolutions are -a true specimen of those entertained by the great mass of our -fellow citizens, we may regret the evils which a contrary opinion -in others may produce, but we cannot fear the result of any -trial they may put us to. - -I receive with particular gratification assurances of approbation -from the legislature of South Carolina, and will not cease in my -endeavors to merit a continuance of it. I pray you to accept -my salutations and assurances of great respect and consideration. - - -TO THE INHABITANTS OF THE TOWN OF BOSTON, NEWBURYPORT AND -PROVIDENCE, IN LEGAL TOWN MEETING ASSEMBLED. - - August 26, 1808. - -Your representation and request were received on the 22d inst., -and have been considered with the attention due to every expression -of the sentiments and feelings of so respectable a body -of my fellow citizens. No person has seen, with more concern -than myself, the inconveniences brought on our country in general -by the circumstances of the times in which we happen to -live; times to which the history of nations presents no parallel. -For years we have been looking as spectators on our brethren of -Europe, afflicted by all those evils which necessarily follow an -abandonment of the moral rules which bind men and nations together. -Connected with them in friendship and commerce, we -have happily so far kept aloof from their calamitous conflicts, by -a steady observance of justice towards all, by much forbearance -and multiplied sacrifices. At length, however, all regard to the -rights of others having been thrown aside, the belligerent powers -have beset the highway of commercial intercourse with edicts -which, taken together, expose our commerce and mariners, under -almost every destination, a prey to their fleets and armies. -Each party, indeed, would admit our commerce with themselves, -with the view of associating us in their war against the other. -But we have wished war with neither. Under these circumstances -were passed the laws of which you complain, by those -delegated to exercise the powers of legislation for you, with every -sympathy of a common interest in exercising them faithfully. -In reviewing these measures, therefore, we should advert to the -difficulties out of which a choice was of necessity to be made. -To have submitted our rightful commerce to prohibitions and -tributary exactions from others, would have been to surrender -our independence. To resist them by arms was war, without -consulting the state of things or the choice of the nation. The -alternative preferred by the legislature of suspending a commerce -placed under such unexampled difficulties, besides saving to our -citizens their property, and our mariners to their country, has the -peculiar advantage of giving time to the belligerent nations to -revise a conduct as contrary to their interests as it is to our -rights. - -"In the event of such peace, or suspension of hostilities between -the belligerent powers of Europe, or of such change in -their measures affecting neutral commerce, as may render that -of the United States sufficiently safe, in the judgment of the -President," he is authorized to suspend the embargo. But no -peace or suspension of hostilities, no change of measures affecting -neutral commerce, is known to have taken place. The orders -of England, and the decrees of France and Spain, existing -at the date of these laws, are still unrepealed, as far as we know. -In Spain, indeed, a contest for the government appears to have -arisen; but of its course or prospects we have no information on -which prudence would undertake a hasty change in our policy, -even were the authority of the Executive competent to such a -decision. - -You desire that, in this defect of power, Congress may be specially -convened. It is unnecessary to examine the evidence or -the character of the facts which are supposed to dictate such a -call; because you will be sensible, on an attention to dates, that -the legal period of their meeting is as early as, in this extensive -country, they could be fully convened by a special call. - -I should, with great willingness, have executed the wishes of -the inhabitants of the town of Boston, Newburyport, and Providence, -had peace, or a repeal of the obnoxious edicts, or other -charges, produced the case in which alone the laws have given -me that authority; and so many motives of justice and interest -lead to such changes, that we ought continually to expect them. -But while these edicts remain, the legislature alone can prescribe -the course to be pursued. - - -TO A PORTION OF THE CITIZENS OF BOSTON. - -SIR,--I have duly received the address of that portion of the -citizens of [Boston] who have declared their approbation of the -present suspension of our commerce, and their dissent from the -representation of those of the same place, who wished its removal. -A division of sentiment was not unexpected. On no -question can a perfect unanimity be hoped, or certainly it would -have been on that between war and embargo, the only alternatives -presented to our choice. For the general capture of our -vessels would have been war on one side, which reason and interest -would repel by war and reprisal on our part. - -Of the several interests composing those of the United States, -that of manufactures would of course prefer to war a state of -non-intercourse, so favorable to their rapid growth and prosperity. -Agriculture, although sensibly feeling the loss of market for its produce, -would find many aggravations in a state of war. Commerce and navigation, -or that portion which is foreign, in the inactivity to which they are -reduced by the present state of things, certainly experience their full -share in the general inconvenience; but whether war would to them be -a preferable alternative, is a question their patriotism would never -hastily propose. It is to be regretted, however, that overlooking the -real sources of their sufferings, the British and French edicts, which -constitute the actual blockade of our foreign commerce and navigation, -they have, with too little reflection, imputed them to laws which have -saved them from greater, and have preserved for our own use our vessels, -property and seamen, instead of adding them to the strength of those -with whom we might eventually have to contend. - -The embargo, giving time to the belligerent powers to revise -their unjust proceedings, and to listen to the dictates of justice, -of interest and reputation, which equally urge the correction of -their wrongs, has availed our country of the only honorable expedient -for avoiding war; and should a repeal of these edicts -supersede the cause for it, our commercial brethren will become -sensible that it has consulted their interests, however against -their own will. It will be unfortunate for their country if, in -the meantime, these their expressions of impatience should have -the effect of prolonging the very sufferings which have produced -them, by exciting a fallacious hope that we may, under any -pressure, relinquish our equal right of navigating the ocean, go -to such ports only as others may prescribe, and there pay the -tributary exactions they may impose; an abandonment of national -independence and of essential rights, revolting to every -manly sentiment. While these edicts are in force, no American -can ever consent to a return of peaceable intercourse with those -who maintain them. - -I am happy, in the approach of the period when the feelings -and the wisdom of the nation will be collected in their representatives -assembled together. To them are committed our rights, -to them our wrongs are known, and they will pronounce the -remedy they call for; and I hear with pleasure from all, as well -those who approve, as who disapprove of the present measures, -assurances of an implicit acquiescence in their enunciation of the -general will. - -I beg leave through you to communicate this answer to the -address on which your signature held the first place, and to add -the assurances of my respect. - - -TO THE MEMBERS OF THE BALTIMORE BAPTIST ASSOCIATION. - - October 17, 1808. - -I receive with great pleasure the friendly address of the Baltimore -Baptist Association, and am sensible how much I am indebted -to the kind dispositions which dictated it. - -In our early struggles for liberty, religious freedom could not -fail to become a primary object. All men felt the right, and a -just animation to obtain it was exhibited by all. I was one -only among the many who befriended its establishment, and am -entitled but in common with others to a portion of that approbation -which follows the fulfilment of a duty. - -Excited by wrongs to reject a foreign government which directed -our concerns according to its own interests, and not to -ours, the principles which justified us were obvious to all understandings, -they were imprinted in the breast of every human -being; and Providence ever pleases to direct the issue of our -contest in favor of that side where justice was. Since this happy -separation, our nation has wisely avoided entangling itself in the -system of European interests, has taken no side between its rival -powers, attached itself to none of its ever-changing confederacies. -Their peace is desirable; and you do me justice in saying that to -preserve and secure this, has been the constant aim of my administration. -The difficulties which involve it, however, are -now at their ultimate term, and what will be their issue, time -alone will disclose. But be it what it may, a recollection of -our former vassalage in religion and civil government, will unite -the zeal of every heart, and the energy of every hand, to preserve -that independence in both which, under the favor of heaven, a -disinterested devotion to the public cause first achieved, and a -disinterested sacrifice of private interests will now maintain. - -I am happy in your approbation of my reasons for determining -to retire from a station, in which the favor of my fellow citizens -has so long continued and supported me: I return your kind -prayers with supplications to the same almighty Being for your -future welfare and that of our beloved country. - - -TO THE MEMBERS OF THE KETOCTON BAPTIST ASSOCIATION. - - October 18, 1808. - -I received with great pleasure the affectionate address of the -Ketocton Baptist Association, and am sensible how much I am -indebted to the kind dispositions which dictated it. - -In our early struggles for liberty, religious freedom could not -fail to become a primary object. All men felt the right, and a -just animation to obtain it was excited in all. And although -your favor selected me as the organ of your petition to abolish the -religious denomination of a privileged church, yet I was but one -of the many who befriended its object, and am entitled but in -common with them to a portion of that approbation which follows -the fulfilment of a duty. - -The views you express of the conduct of the belligerent powers -are as correct as they are afflicting to the lovers of justice and -humanity. Those moral principles and conventional usages -which have heretofore been the bond of civilized nations, which -have so often preserved their peace by furnishing common rules -for the measure of their rights, have now given way to force, the -law of Barbarians, and the nineteenth century dawns with the -Vandalism of the fifth. Nothing has been spared on our part to -preserve the peace of our country, during this distempered state of -the world. But the difficulties which involve it are now at their -ultimate term, and what will be their issue, time alone will disclose. -But be that what it may, a recollection of our former -vassalage in religion and civil government will unite the zeal of -every heart, and the energy of every hand, to preserve that independence -in both, which, under the favor of heaven, a disinterested -devotion to the public cause first achieved, and a disinterested -sacrifice of private interests will now maintain. - -I am happy in your approbation of my reasons for determining -to retire from a station in which the favor of my fellow citizens -has so long continued and supported me; and I return your kind -prayers by supplications to the same Almighty being for your -future welfare, and that of our beloved country. - - -TO THE GENERAL MEETING OF CORRESPONDENCE OF THE SIX BAPTIST -ASSOCIATIONS REPRESENTED AT CHESTERFIELD, VIRGINIA. - - November 21, 1808. - -Thank you, fellow citizens, for your affectionate address, and -I receive with satisfaction your approbation of my motives for retirement. -In reviewing the history of the times through which -we have past, no portion of it gives greater satisfaction, on reflection, -than that which presents the efforts of the friends of religious -freedom, and the success with which they were crowned. -We have solved by fair experiment, the great and interesting -question whether freedom of religion is compatible with order in -government, and obedience to the laws. And we have experienced -the quiet as well as the comfort which results from leaving -every one to profess freely and openly those principles of religion -which are the inductions of his own reason, and the serious -convictions of his own inquiries. - -It is a source of great contentment to me to learn that the -measures which have been pursued in the administration of your -affairs have met your approbation. Too often we have had but a -choice among difficulties; and this situation characterizes remarkably -the present moment. But, fellow citizens, if we are -faithful to our country, if we acquiesce, with good will, in the -decisions of the majority, and the nation moves in mass in the -same direction, although it may not be that which every individual -thinks best, we have nothing to fear from any quarter. - -I thank you sincerely for your kind wishes for my welfare, -and with equal sincerity implore the favor of a protecting Providence -for yourselves. - - -TO TABER FITCH, ESQ., CHAIRMAN. - - WASHINGTON, November 21, 1808. - -SIR,--I have received with great pleasure the address of the -republicans of the State of Connecticut, and am particularly sensible -of the kindness with which they have viewed my conduct -in the direction of their affairs. Having myself highly approved -the example of an illustrious predecessor, in voluntarily retiring -from a trust, which, if too long continued in the same hands, -might become a subject of reasonable uneasiness and apprehension, -I could not mistake my own duty when placed in a similar -situation. - -Our experience so far, has satisfactorily manifested the competence -of a republican government to maintain and promote the -best interests of its citizens; and every future year, I doubt not, -will contribute to settle a question on which reason, and a knowledge -of the character and circumstances of our fellow citizens, -could never admit a doubt, and much less condemn them as fit -subjects to be consigned to the dominion of wealth and force. -Although under the pressure of serious evils at this moment, the -governments of the other hemisphere cannot boast a more favorable -situation. We certainly do not wish to exchange our difficulties -for the sanguinary distresses of our fellow men beyond -the water. In a state of the world unparalleled in times past, -and never again to be expected, according to human probabilities, -no form of government has, so far, better shielded its citizens -from the prevailing afflictions. By withdrawing awhile -from the ocean we have suffered some loss; but we have gathered -home our immense capital. Exposed to foreign depredation, we -have saved our seamen from the jails of Europe, and gained time -to prepare for the defence of our country. The questions of submission, -of war, or embargo, are now before our country as unembarrassed -as at first. Submission and tribute, if that be our -choice, will be no baser now than at the date of the embargo. -But if, as I trust, that idea be spurned, we may now decide on -the other alternatives of war and embargo, with the advantage -of possessing all the means which have been rescued from the -grasp of capture. These advantages certainly justify the approbation -of the embargo declared in your address, and I have no -doubt will ensure that of every candid citizen, who will correctly -trace the consequences of any other course. - -I thank you for the kind concern you are pleased to express -for my future happiness, and offer my sincere prayers for your -welfare and prosperity. - - -TO THE YOUNG REPUBLICANS OF PITTSBURG AND ITS VICINITIES. - - December 2, 1808. - -The sentiments which you express in your address of October -27th, of attachment to the rights of your country, of your determination -to support them with your lives and fortunes, and of -disregard of the inconveniences which must be encountered in -resisting insult and aggression, are honorable to yourselves, and -encouraging to your country. They are particularly solacing to -those who, having labored faithfully in establishing the right of -self-government, see in the rising generation, into whose hands -it is passing, that purity of principle, and energy of character, -which will protect and preserve it through their day, and deliver -it over to their sons as they receive it from their fathers. The -measure of a temporary suspension of commerce was adopted -to cover us from greater evils. It has rescued from capture an -important capital, and our seamen from the jails of Europe. It -has given time to prepare for defence, and has shown to the aggressors -of Europe that evil, as well as good actions, recoil on -the doers. If these evils have involved our inoffending neighbors -also, towards whom we have not a sentiment but of friendship -and useful intercourse, it results from that state of violence -by which the interests of the American hemisphere are directed -to the objects of Europe. Endowed by nature with a system of -interests and connections of its own, it is drawn from these by -the unnatural bonds which enchain its different parts to the conflicting -interests and fortunes of another world, and render its inhabitants -strangers and enemies, to their neighbors and mutual -friends. - -Believing that the happiness of mankind is best promoted by -the useful pursuits of peace, that on these alone a stable prosperity -can be founded, that the evils of war are great in their -endurance, and have a long reckoning for ages to come, I have -used my best endeavors to keep our country uncommitted in the -troubles which afflict Europe, and which assail us on every side. -Whether this can be done longer, is to be doubted. I am happy -that so far my conduct meets the approbation of my fellow citizens. -It is the highest reward I can receive for my endeavors to -serve them; and I am particularly thankful to yourselves for the -kind expressions of esteem and confidence, and tender my best -wishes for your personal happiness and prosperity. - - -TO THE SOCIETY OF THE METHODIST EPISCOPAL CHURCH AT -PITTSBURG, PENNSYLVANIA. - - WASHINGTON, December 9, 1808. - -I am much indebted, fellow citizens, for your friendly address -of November 20th, and gratified by its expressions of personal -regard to myself. Having ever been an advocate for the freedom -of religious opinion and exercise, from no person, certainly, was -an abridgment of these sacred rights to be apprehended less than -from myself. - -In justice, too, to our excellent constitution, it ought to be observed, -that it has not placed our religious rights under the -power of any public functionary. The power, therefore, was -wanting, not less than the will, to injure these rights. - -The times in which we live, fellow citizens, are indeed times -of trouble, such as no age has yet seen, or perhaps will ever see -again. To avoid their calamitous influence, has been our duty -and endeavor, and to effect it, great sacrifices of our citizens have -been necessary. They have seen that these necessities were -forced by the wrongs of others, and they have met them with -the zeal which the crisis called for. What course we are finally -to take, cannot yet be foreseen; but reading, reflecting, and examining -for yourselves, you will find your public functionaries, -according to the best of their judgments, directing your affairs, -without passion or partiality, with a single view to your rights -and best interests. And it is the approbation of those who so -read, reflect, and examine for themselves, which is so truly consoling -to the persons charged with the guidance of your affairs. -For that portion of your approbation which you are pleased to -bestow on my conduct, I am truly thankful, and I offer my sincere -prayers for your welfare, and a happy issue of our country -from the difficulties impending over it. - - -TO THE ELECTORS OF THE COUNTY OF ONTARIO, IN THE STATE OF -NEW YORK. - - December 13, 1808. - -The wrongs which we have sustained, fellow citizens, from -the belligerent powers of Europe, and of which you have taken -so just a view in your address, received by me on the 27th of -the last month, could not fail to excite in the bosoms of freemen -the sentiments of high indignation expressed by you. The love -of peace had long induced us to bear with these aggressions, -and the hope of a return to a spirit of justice had encouraged us -to persevere in endeavors at amicable adjustment. Their outrages, -however, have at length forced us to suspend all intercourse with -them, to gather home our resources, and to prepare for whatever -may happen. Your approbation of these measures is gratifying -to your public functionaries, and the readiness you express to -encounter the privations and sacrifices which these aggressions -occasion, is honorable to yourselves. The legislature of the -nation now assembled together, will decide how long the state -of non-intercourse may be preferable to a more serious appeal. -The decided support which you tender either of the present, or -such other measures as they shall adopt for the good of the -Union, and the pledge of your lives, your fortunes and honor for -that purpose, are calculated to inspire them with firmness in their -deliberations, and an assurance that the result will be supported -by their country. The confidence you are so good as to express -in the conduct of the administration, is highly gratifying to -them, and encourages a perseverance in their best endeavors for -the public good. That these may issue in effecting your happiness, -and the peace and prosperity of our country, is my sincere -prayer. - - -TO THE CITIZENS OF THE CITY AND COUNTY OF PHILADELPHIA IN -TOWN-MEETING ASSEMBLED. - - February 3, 1809. - -In the resolutions and address which you have been pleased -to present to me, I recognize with great satisfaction the sentiments -of faithful citizens, devoted to the maintenance of the -rights of their country, to the sacred bond which unites these -States together, and rallying round their government in support of -its laws. After the intolerable assault on our maritime rights, by -the declarations of the belligerent powers, that we should navigate -the ocean only as they should permit, the recall of our seamen, -recovery of our property abroad, and putting ourselves into a state -of defence, should perseverance on their parts force us to the -last appeal, were duties to first obligation. No other course was -left us but to reduce our navigation within the limits they dictated, -and to hold even that subject to such further restrictions -as their interests or will should prescribe. To this no friend to -the independence of his country should submit. - -Your resolution to aid in bringing to justice all violators of the -laws of their country, and particularly of the embargo laws, and -to be ready at all times to assist in carrying them into effect, is -worthy of the patriotism which distinguishes the city and county -of Philadelphia. This voluntary support of laws, formed by -persons of our own choice, distinguishes peculiarly the minds -capable of self-government. The contrary spirit is anarchy, -which of necessity produces despotism. It is from the supporters -of regular government only that the pledge of life, fortune, and -honor is worthy of confidence. - -I learn with great satisfaction your approbation of the several -measures passed by the government, and enumerated in your address. -For the advantages flowing from them you are indebted -principally to a wise and patriotic legislature, and to the able and -inestimable coadjutors with whom it has been my good fortune -to be associated in the direction of your affairs. That these -measures may be productive of the ends intended, must be the -wish of every friend of his country; and the belief that everything -has been done to preserve our peace, secure the rights of -our fellow citizens, and to promote their best interests, will be a -consolation under every situation to which the great disposer of -events may destine us. - -Your approbation of the motives for my retirement from the -station so long confided to me, is a confirmation of their correctness. -In no office can rotation be more expedient; and none -less admits the indulgence of age. I am peculiarly sensible of -your kind wishes for my happiness in the tranquillity of retirement. -Nothing will contribute more to it than the hope of -carrying with me the approbation of my fellow citizens, of the -endeavors which I have faithfully exerted to be useful to them. -To the all-protecting favor of heaven I commit yourselves and -our common country. - - -TO THE LEGISLATURE OF THE STATE OF GEORGIA. - - February 3, 1809. - -The address which the Legislature of Georgia, the immediate -organ of the will of their constituents, has been pleased to present -to me, is received with that high satisfaction which the approbation -of so respectable a State is calculated to inspire. During the -unexampled contest which has so long afflicted Europe, which -has prostrated all the laws which have hitherto been deemed -sacred among nations, and have so long constituted the rule of -their intercourse, we had vainly hoped that our distance from -the scene of carnage, and the invariable justice with which we -have conducted ourselves towards all parties, would shield us -from its baleful effects. But that commerce indispensably necessary -for the exchange of the produce of this great agricultural -country for the things which we want, increased by a temporary -succession to the commerce of other nations, as being ourselves -the only neutrals, has brought us into contact with the lawless -belligerents in every sea, and threatens to involve us in the vortex -of their contests. The privations for the want of a vent for -our produce, have been the unavoidable result of the edicts of the -belligerent powers. Should the measure adopted in consequence -of them, and which meets your approbation, still save the lives -and property of our brethren from the insults and rapacity of -these powers, it will be a fortunate addition to the other benefits -derived from it. On the other hand, should our present embarrassments -eventuate in war, I am satisfied that the State of Georgia -will zealously emulate her sister States in supporting the -government of their choice, and in maintaining the rights and -interests of the nation. Our soil, our industry, and our numbers, -with the bravery which will be engaged in the cause, can never -leave us without resources to maintain such a contest. - -To no events which can concern the future welfare of my -country, can I ever become an indifferent spectator; her prosperity -will be my joy, her calamities my affliction. - -Thankful for the indulgence with which my conduct has been -viewed by the Legislature of Georgia, and for the kind expressions -of their good will, I supplicate the favor of heaven towards -them and our beloved country. - - -TO THE SOCIETY OF THE METHODIST EPISCOPAL CHURCH AT NEW -LONDON, CONNECTICUT. - - February 4, 1809. - -The approbation you are so good as to express of the measures -which have been recommended and pursued during the -course of my administration of the national concerns, is highly -acceptable. The approving voice of our fellow citizens, for endeavors -to be useful, is the greatest of all earthly rewards. - -No provision in our constitution ought to be dearer to man -than that which protects the rights of conscience against the -enterprises of the civil authority. It has not left the religion of -its citizens under the power of its public functionaries, were it -possible that any of these should consider a conquest over the -consciences of men either attainable or applicable to any desirable -purpose. To me no information could be more welcome -than that the minutes of the several religious societies should -prove, of late, larger additions than have been usual, to their -several associations, and I trust that the whole course of my -life has proved me a sincere friend to religious as well as civil -liberty. - -I thank you for your affectionate good wishes for my future -happiness. Retirement has become essential to it; and one of -its best consolations will be to witness the advancement of my -country in all those pursuits and acquisitions which constitute -the character of a wise and virtuous nation; and I offer sincere -prayers to heaven that its benediction may attend yourselves, -our country and all its sons. - - -TO THE GENERAL ASSEMBLY OF VIRGINIA. - - February 16, 1809. - -I receive with peculiar sensibility the affectionate address of -the General Assembly of my native State, on my approaching -retirement from the office with which I have been honored by -the nation at large. Having been one of those who entered -into public life at the commencement of an æra the most extraordinary -which the history of man has ever yet presented to his -contemplation, I claim nothing more, for the part I have acted in -it, than a common merit of having, with others, faithfully endeavored -to do my duty in the several stations allotted me. In -the measures which you are pleased particularly to approve, I -have been aided by the wisdom and patriotism of the national -legislature, and the talents and virtues of the able coadjutors with -whom it has been my happiness to be associated, and to whose -valuable and faithful services I with pleasure and gratitude bear -witness. - -From the moment that to preserve our rights a change of government -became necessary, no doubt could be entertained that a -republican form was most consonant with reason, with right, with -the freedom of man, and with the character and situation of our -fellow citizens. To the sincere spirit of republicanism are -naturally associated the love of country, devotion to its liberty, -its rights, and its honor. Our preference to that form of government -has been so far justified by its success, and the prosperity -with which it has blessed us. In no portion of the earth were -life, liberty and property ever so securely held; and it is with infinite -satisfaction that withdrawing from the active scenes of -life, I see the sacred design of these blessings committed to those -who are sensible of their value and determined to defend them. - -It would have been a great consolation to have left the nation -under the assurance of continued peace. Nothing has been -spared to effect it; and at no other period of history would such -efforts have failed to ensure it. For neither belligerent pretends -to have been injured by us, or can say that we have in any instance -departed from the most faithful neutrality; and certainly -none will charge us with a want of forbearance. - -In the desire of peace, but in full confidence of safety from -our unity, our position, and our resources, I shall retire into the -bosom of my native State, endeared to me by every tie which -can attach the human heart. The assurances of your approbation, -and that my conduct has given satisfaction to my fellow -citizens generally, will be an important ingredient in my future -happiness; and that the supreme ruler of the universe may have -our country under his special care, will be among the latest of -my prayers. - - -TO THE CITIZENS OF WILMINGTON AND ITS VICINITY IN TOWN -MEETING ASSEMBLED. - - February 16, 1809. - -The resolutions which have been entered into by the citizens -of Wilmington and its vicinity, are worthy of the well-known -patriotism of that place. - -The storm which with little intermission has been raging for -so many years, which has immolated the ancient dynasties and -institutions of Europe, and prostrated the principles of public -law heretofore respected, has hitherto been felt but in a secondary -degree by us. But threatening at length to involve us in its -vortex, it is time for all good citizens to rally round the constituted -authorities by a public expression of their determination to -support the laws and government of their choice, and to frown -into silence all disorganizing movements. Strong in our numbers, -our position and resources, we can never be endangered but -by schisms at home. It has been the anxious care of the government -to preserve the United States from this destructive contest; -but whether it can yet be done depends on a return to reason -by those who have so long rejected its dictates. On our part, -there is no doubt of a continuance of the same desire to conduct -the nation quietly through the political storms prevailing, and to -lead it in safety through the perils with which we are menaced -by the ambition of foreign nations. - -I am thankful for the great indulgence with which you have -viewed the measures of my administration. Of their wisdom -others must judge; but I may truly say they have been pursued -with honest intentions, unbiassed by any personal or interested -views. It is a consolation to know that the motives for my retirement -are approved; and although I withdraw from public -functions, I shall continue an anxious spectator of passing events, -and offer to heaven my constant prayers for the preservation of -our republic, and especially of those its best principles which secure -to all its citizens a perfect equality of rights. - - -TO JOHN GASSAWAY, ESQ. - - WASHINGTON, February 17, 1809. - -SIR,--I have duly received the resolutions of the republican -citizens of Annapolis and Anne-Arundel county, of the 4th inst., -which you were so kind as to forward to me. - -That the aggressions and injuries of the belligerent nations -have been the real obstructions which have interrupted our commerce, -and now threaten our peace, and that the embargo laws -were salutary and indispensably necessary to meet those obstructions, -are truths as evident to every candid man, as it is worthy -of every good citizen to declare his reprobation of that system -of opposition which goes to an avowed and practical resistance -of these laws. To such a resistance I trust that the patriotism -of our faithful citizens in no section of the Union will give any -countenance. Where the law of majority ceases to be acknowledged, -there government ends, the law of the strongest takes its -place, and life and property are his who can take them. - -I receive with particular pleasure and thankfulness the testimony -of the republican citizens of Annapolis and Anne-Arundel, -in favor of the course of proceedings during my administration -of the public affairs. And I can truly say, in their words, that -they have been conducted with the purest regard and devotion -to the interests of the people and the national safety and honor; -and I pray you, with my acknowledgments for these favorable -sentiments, to accept the assurances of my high respect and consideration. - - -TO CAPTAIN JOSEPH ----, JR. - - WASHINGTON, February 17, 1809. - -SIR,--The resolutions entered into at a meeting of the officers -of the Legionary Brigade of the 1st Division of Massachusetts -militia, on the 31st ult., which you have been pleased to forward -to me, breathe that spirit of fidelity to our common country -which must ever be peculiarly the spirit of its militia, and which -renders that the safest and last reliance of a republican nation. -The perils with which we have been for some time environed, -have been such as ought to have induced every faithful citizen -to unite in support of the rights of his country, laying aside little -differences, political or personal, till they might be indulged without -hazarding the safety of our country. Assailed in our essential -rights by two of the most powerful nations on the globe, we -have remonstrated, negotiated, and at length retired to the last -stand, in the hope of peaceably preserving our rights. In this -extremity I have entire confidence that no part of _the people_ in -any section of the Union, will desert the banners of their country, -and co-operate with the enemies who are threatening its existence. -The subscribing officers of the legionary brigade have -furnished an honorable example of declaring their attachment to -the constitution, the laws, and the union of the States, that they -will at the call of law, rally around the standard of their country, -and protect its constitution, laws, right and liberties, against all -foes. I thank them, in the name of their country, for these patriotic -resolutions, the pledge of support they tender will lead -them to no more than the honor of a soldier and fidelity of a citizen -would of itself require. I salute yourself and the subscribing -offices with esteem and respect. - - -TO THE REPUBLICAN YOUNG MEN OF NEW LONDON, BENJAMIN -HEMPSTEAD CHAIRMAN. - - February 24, 1809. - -The approbation which you are pleased to express of my past -administration, is highly gratifying to me. That in a free government -there should be differences of opinion as to public measures -and the conduct of those who direct them, is to be expected. -It is much, however, to be lamented, that these differences should -be indulged at a crisis which calls for the undivided councils -and energies of our country, and in a form calculated to encourage -our enemies in the refusal of justice, and to force their country -into war as the only resource for obtaining it. - -You do justice to the government in believing that their utmost -endeavors have been used to steer us clear of wars with -other nations, and honor to yourselves in declaring that if these -endeavors prove ineffectual, and your country is called upon to -defend its rights and injured honor by an appeal to arms, you -will be ready for the contest, and will meet our enemies at the -threshold of our country. While prudence will endeavor to -avoid this issue, bravery will prepare to meet it. - -I thank you, fellow citizens, for your kind expressions of -regard for myself, and prayers for my future happiness, and I -join in supplications to that Almighty Being who has heretofore -guarded our councils, still to continue his gracious benedictions -towards our country, and that yourselves may be under the protection -of his divine favor. - - -TO THE REPUBLICANS OF LOUDON COUNTY, CONVENED AT LEESBURG, -FEBRUARY, 13, 1809. - - February 24, 1809. - -The measures lately pursued in preference either to war or an -ignominious surrender of our rights as an independent people, -have undoubtedly produced the beneficial effects of saving our -property and seamen, of lengthening the term of our peace, and -of giving time for defensive preparations. Other efficacious results -would probably have been produced, in a much higher degree, -had not the measures been counteracted by unworthy -passions. It is still possible that the blessings of peace may be -continued to us, should sounder calculations of interest induce a -return to justice by the aggressive nations. But should we be -disappointed in what ought to be so justly expected, the solemn -pledge of life and fortune in vindication of our violated rights -received from yourselves as well as from other citizens, leaves -us without apprehension as to the issue of any contest into -which we may be forced. - -I thank you particularly for the approbation you manifest of -my conduct and motives, and the kind concern you express for -my future happiness, and I beg leave to tender you my best -wishes and assurances of respect. - - -TO GOVERNOR TOMPKINS. - - WASHINGTON, February 24, 1809. - -SIR,--I received, a few days ago, your Excellency's favor of -the 9th inst., covering the patriotic resolutions of the Legislature -of New York, of the 3d. The times do certainly render it incumbent -on all good citizens, attached to the rights and honor -of their country, to bury in oblivion all internal differences, and -rally around the standard of their country in opposition to the -outrages of foreign nations. All attempts to enfeeble and destroy -the exertions of the General Government, in vindication of our -national rights, or to loosen the bands of union by alienating the -affections of the people, or opposing the authority of the laws at -so eventful a period, merit the discountenance of all. - -The confidence which the Legislature expresses in the national -administration is highly consolatory, and their determination -to support the just rights of their country with their lives and -fortunes, are worthy of the high character of the State of New -York. - -By all, I trust, the union of these States will ever be considered -as the Palladium of their safety, their prosperity and glory, -and all attempts to sever it will be frowned on with reprobation -and abhorrence. And I have equal confidence, that all moved -by the sacred principles of liberty and patriotism will prepare -themselves for any crisis we may be able to meet, and will be -ready to co-operate with each other, and with the constituted -authorities, in resisting and repelling the aggressions of foreign -nations. - -The Legislature may be assured that every exertion will be -used to put the United States in the best condition of defence, -that we may be fully prepared to meet the dangers which menace -the peace of our country. I avail myself with pleasure of -every occasion to tender to your Excellency the assurances of -my high respect and consideration. - - -TO GENERAL JAMES ROBERTSON. - - WASHINGTON, February 24, 1809. - -SIR,--I have duly received your letter covering the resolutions -of the citizens of West Tennessee, assembled in the town of -Nashville. Every friend of his country must feel the regret and -indignation they so laudably express at the unjust and unprecedented -measures adopted by the belligerent powers of Europe, -violating our maritime rights as a free and independent nation, -and compelling us for their preservation to resort to measures -the effects of which we must all feel. And all must see with -pleasure their honorable declaration against receding from the -grounds taken with regard to the belligerent nations, and their -reprobation of the surrender of any essential points in difference -between us and those nations. - -Should the embargo be continued, or a non-intercourse be -substituted, it is pleasing to know that our fellow citizens will -afford every aid in their power to render it effectual; and if war -must at length be resorted to, I have entire confidence in their -declarations, that as citizen soldiers they will be ready at the -call of their country to prove to their enemies that they know -how to value and defend their rights. - -I am happy to learn their approbation of the measures adopted -by the General Government in relation to Great Britain and -France, and particularly thankful for the satisfaction they express -with the course I have pursued in the discharge of the arduous -duties which devolved on me as chief magistrate of the United -States. - -I pray you to accept for yourself and them the assurances of -my great respect and consideration. - - -THE REPUBLICANS OF THE COUNTY OF NIAGARA, CONVENED -AT CLARENCE ON THE 26TH OF JANUARY, 1809. - - February 24, 1809. - -The eventful crisis in our national affairs so truly portrayed in -your very friendly address, has justly excited your serious attention. -The nations of the earth prostrated at the foot of power, -the ocean submitted to the despotism of a single nation, the laws -of nature and the usages which have hitherto regulated the intercourse -of nations and interposed some restraint between power -and right, now totally disregarded. Such is the state of things -when the United States are left single-handed to maintain the -rights of neutrals, and the principles of public right against a -warring world. Under these circumstances, it is a great consolation -to receive the assurances of our faithful citizens that they -will unite their destiny with their government, will rally under -the banners of their country, and with their lives and fortunes, -defend and support their civil and religious rights. This declaration, -too, is the more honorable from those whose frontier residence -will expose them particularly to the inroads of a foe. - -I receive with great pleasure your approbation of the impartial -neutrality we have so invariably pursued, and of the trying -measure of embargo rendered necessary by the belligerent edicts, -which has saved our seamen and our property, has given us time -to prepare for vindicating our honor and preserving our national -independence, and has excited the spirit of manufacturing for -ourselves those things which, though we raised the raw material, -we have hitherto sought from other countries at the risk -of war and rapine. - -I thank you for your kind wishes for my future happiness in -retiring from public life to the bosom of my family. Nothing -will contribute more to it than the assurance that my fellow -citizens approve of my endeavors to serve them, and the hope -that we shall be continued in the blessings we have enjoyed -under the favor of Heaven. - - -TO CAPTAIN QUIN MORTON. - - WASHINGTON, February 24, 1809. - -SIR,--I have duly received your favor tendering the service -of fifty citizens of Tennessee as a company of volunteer riflemen. -There are two acts of Congress which regulate the acceptances -of these tenders; that of the last year (1808) is for a -service of six months, and authorizes the governors to accept; -and that of 1807, for a service of twelve months, authorizing the -President to accept, who has delegated that power to the governors -of the several States. Under whichever of these, therefore, -your tender was meant to be made, I must pray you to repeat -it to the governor of the State; expressing, at the same time, -my great satisfaction at the readiness and patriotism with which -I see my fellow citizens resort to the standard of their country -when danger threatens it. Accept for your company my thanks -on the public behalf, and for yourself the assurances of my respect. - - -TO THE TAMMANY SOCIETY OR COLUMBIAN ORDER OF THE CITY OF -WASHINGTON. - - March 2, 1809. - -The observations are but too just which are made in your -friendly address, on the origin and progress of those abuses of -public confidence and power which have so often terminated in -a suppression of the rights of the people, and the mere aggrandizement -and emolument of their oppressors. Taught by these -truths, and aware of the tendency of power to degenerate into -abuse, the worthies of our own country have secured its independence -by the establishment of a constitution and form of -government for our nation, calculated to prevent as well as to -correct abuse. - -Beyond the great water the torch of discord has been long -lighted up, and long and unremitting have been the endeavors -of the belligerents to immerge us in the evils they were inflicting -on each other, and to make us parties in their quarrels. Whether -it will be possible much longer to escape these evils, is difficult -to decide; but you do me justice in believing that no efforts on -my part have been spared to effect this purpose, and to preserve -for our nation the blessings of peace. - -I learn with sincere pleasure that the measures I have pursued -in directing the affairs of our nation have met with approbation. -Their sole object has certainly been the good of my fellow citizens, -which sometimes may have been mistaken, but never intentionally -disregarded. This approbation is the more valued -as being the spontaneous effusion of the feelings of those who -have lived in the same city with myself, and having examined -carefully and even jealously my conduct through every passing -day, bear testimony to their belief in its fidelity. - -I am happy, in my retirement, to carry with me your esteem -and your prayers for my health, peace and happiness; and I sincerely -supplicate Heaven that your own personal welfare may -long make a part of the general prosperity of a great, a free, and -a happy people. - - -TO THE CITIZENS OF WASHINGTON. - - March 4, 1809. - -I received with peculiar gratification the affectionate address -of the citizens of Washington, and in the patriotic sentiments it -expresses, I see the true character of the national metropolis. - -The station which we occupy among the nations of the earth -is honorable, but awful. Trusted with the destinies of this solitary -republic of the world, the only monument of human rights, -and the sole depository of the sacred fire of freedom and self-government, -from hence it is to be lighted up in other regions -of the earth, if other regions of the earth shall ever become susceptible -of its benign influence. All mankind ought then, with -us, to rejoice in its prosperous, and sympathize in its adverse fortunes, -as involving everything dear to man. And to what sacrifices -of interest, or convenience, ought not these considerations -to animate us? To what compromises of opinion and inclination, -to maintain harmony and union among ourselves, and to -preserve from all danger this hallowed ark of human hope and -happiness. That differences of opinion should arise among men, -on politics, on religion, and on every other topic of human inquiry, -and that these should be freely expressed in a country where all -our faculties are free, is to be expected. But these valuable -privileges are much prevented when permitted to disturb the -harmony of social intercourse, and to lesson the tolerance of -opinion. To the honor of society here, it has been characterized -by a just and generous liberality, and an indulgence of those -affections which, without regard to political creeds, constitute -the happiness of life. That the improvement of this city must -proceed with sure and steady steps, follows from its many obvious -advantages, and from the enterprizing spirit of its inhabitants, -which promises to render it the fairest seat of wealth and -science. - -It is very gratifying to me that the general course of my administration -is approved by my fellow citizens, and particularly -that the motives of my retirement are satisfactory. I part with -the powers entrusted to me by my country, as with a burthen -of heavy bearing; but it is with sincere regret that I part with -the society in which I have lived here. It has been the source -of much happiness to me during my residence at the seat of -government, and I owe it much for its kind dispositions. I -shall ever feel a high interest in the prosperity of the city, and -an affectionate attachment to its inhabitants. - - -TO THE REPUBLICANS OF GEORGETOWN. - - March 8, 1809. - -The affectionate address of the republicans of Georgetown on -my retirement from public duty, is received with sincere pleasure. -In the review of my political life, which they so indulgently -take, if it be found that I have done my duty as other -faithful citizens have done, it is all the merit I claim. Our lot -has been cast on an awful period of human history. The contest -which began with us, which ushered in the dawn of our -national existence and led us through various and trying scenes, -was for everything dear to free-born man. The principles on -which we engaged, of which the charter of our independence -is the record, were sanctioned by the laws of our being, and we -but obeyed them in pursuing undeviatingly the course they -called for. It issued finally in that inestimable state of freedom -which alone can ensure to man the enjoyment of his equal rights. -From the moment which scaled our peace and independence, -our nation has wisely pursued the paths of peace and justice. -During the period in which I have been charged with its concerns, -no effort has been spared to exempt us from the wrongs -and the rapacity of foreign nations, and with you I feel assured -that no American will hesitate to rally round the standard of his -insulted country, in defence of that freedom and independence -achieved by the wisdom of sages, and consecrated by the blood -of heroes. - -The favorable testimony of those among whom I have lived, -and lived happily as a fellow citizen, as a neighbor, and in the -various relations of social life, will enliven the days of my retirement, -and be felt and cherished with affection and gratitude. - -I thank you, fellow citizens, for your kind prayers for my future -happiness. I shall ever retain a lively sense of your friendly -attentions, and continue to pray for your prosperity and well -being. - - -TO STEPHEN CROSS, ESQ., TOPSHAM. - - MONTICELLO, March 28, 1809. - -To the delegates from the various towns in the county of -Essex and commonwealth of Massachusetts, assembled on the -20th of February, at Topsham. - -The receipt of your kind address in the last moments of the -session of Congress, will, I trust, offer a just apology for this late -acknowledgment of it. I am very sensible of the indulgence -with which you are so good as to review the measures of my -late administration, and I feel for that indulgence the sentiments -of gratitude it so justly calls for. The stand which has been -made on behalf of our seamen enslaved and incarcerated in -foreign ships, and against the prostration of our rights on the -ocean under laws of nature acknowledged by all civilized nations, -was an effort due to the protection of our commerce, and -to that portion of our fellow citizens engaged in the pursuits of -navigation. The opposition of the same portion to the vindication -of their peculiar rights, has been as wonderful as the loyalty -of their agricultural brethren in the assertion of them has been -disinterested and meritorious. If the honor of the nation can -be forgotten, whether the abandonment of the right of navigating -the ocean may not be compensated by exemption from the -wars it would produce, may be a question for our future councils, -which the disclaimer of our navigating citizens may, if continued, -relieve from the embarrassment of their rights. - -Sincerely and affectionately attached to our national constitution, -as the ark of our safety, and grand palladium of our peace -and happiness, I learn with pleasure that the number of those in -the county of Essex, who read and think for themselves, is -great, and constituted of men who will never surrender but with -their lives, the invaluable liberties achieved by their fathers. -Their elevated minds put all to the hazard for a three penny -duty on tea, by the same nation which now exacts a tribute -equal to the value of half our exported produce. - -I thank you, fellow citizens, for the kind interest you take in -my future happiness, and I sincerely supplicate that overruling -providence which governs the destinies of men and nations, to -dispense his choicest blessings on yourselves and our beloved -country. - - -TO THE REPUBLICAN MECHANICS OF THE TOWN OF LEESBURG AND -ITS VICINITY, ASSEMBLED ON THE 27TH OF FEBRUARY LAST. - - MONTICELLO, March 29, 1809. - -The receipt of your kind address in the last moments of the -session of Congress, will, I trust, offer a just apology for its late -acknowledgment. - -Your friendly salutations on the close of my public life, and -approbation of the motives which dictated my retirement, are received -with great satisfaction. - -That there should be a contrariety of opinions respecting the -public agents and their measures, and more especially respecting -that which recently suspended our commerce and produced temporary -privations, is ever to be expected among free men; and I -am happy to find you are in the number of those who are satisfied -that the course pursued was marked out by our country's -interest, and called for by her dearest rights. While the principles -of our constitution give just latitude to inquiry, every citizen -faithful to it will, with you, deem embodied expressions of -discontent, and open outrages of law and patriotism, as dishonorable -as they are injurious; and there is reason to believe -that had the efforts of the government against the innovations -and tyranny of the belligerent powers been unopposed among -ourselves, they would have been more effectual towards the establishment -of our rights. - -Unconscious of partiality between the different callings of my -fellow citizens, I trust that a fair review of my attention to the -interests of commerce in particular, in every station of my political -life, will afford sufficient proofs of my just estimation of -its importance in the social system. What has produced our -present difficulties, and what will have produced the impending -war, if that is to be our lot? Our efforts to save the rights of -commerce and navigation. From these, solely and exclusively, -the whole of our present dangers flow. - -With just reprobations of the resistance made or menaced -against the laws of our country, I applaud your patriotic resolution -to meet hostility to them with the energy and dignity of -freemen; and thankful for your solicitude for my health and -happiness, I salute you with affectionate sentiments of respect. - - -TO THE FRIENDS OF THE ADMINISTRATION OF THE UNITED STATES -IN BRISTOL COUNTY, RHODE ISLAND. - - MONTICELLO, March 20, 1809. - -The receipt of your friendly address in the last moments of the -session of Congress, will, I trust, offer a just apology for its late -acknowledgment. - -We have certainly cause to rejoice that since the waves of affliction -and peril, raised from the storm of war by the rival belligerents -of Europe, have undulated on our shores, the councils -of the nation have been able to preserve it from the numerous -evils which have awfully menaced, and otherwise might have -fallen upon us. How long we may yet retain this desirable position -is difficult to be foreseen. But confident I am that as long -as it can be done consistently with the honor and interest of our -country, it will be maintained by those to whom you have confided -the helm of government. A surer pledge for this cannot -be found than in the public and private virtues of the successor -to the chair of government, which you so justly recognize. Your -reflections are certainly correct on the importance of a good administration -in a republican government, towards securing to us -our dearest rights, and the practical enjoinment of all our liberties; -and such an one can never fail to give consolation to the -friends of free government, and mortification to its enemies. In -retiring from the duties of my late station, I have the consolation -of knowing that such is the character of those into whose hands -they are transferred, and of a conviction that all will be done for -us which wisdom and virtue can do. - -I thank you, fellow citizens, for the kind sentiments of your -address, and am particularly gratified by your approbation of the -course I have pursued; and I pray heaven to keep you under its -holy favor. - - -TO THE DEMOCRATIC REPUBLICAN DELEGATES FROM THE TOWNSHIPS OF WASHINGTON -COUNTY, IN PENNSYLVANIA, CONVENED ON THE 21ST OF FEBRUARY, 1809. - - MONTICELLO, March 31, 1809. - -The satisfaction you express, fellow citizens, that my endeavors -have been unremitting to preserve the peace and independence -of our country, and that a faithful neutrality has been observed -towards all the contending powers, is highly grateful to -me; and there can be no doubt that in any common times they -would have saved us from the present embarrassments, thrown in -the way of our national prosperity by the rival powers. - -It is true that the embargo laws have not had all the effect in -bringing the powers of Europe to a sense of justice, which a -more faithful observance of them might have produced. Yet -they have had the important effects of saving our seamen and -property, of giving time to prepare for defence; and they will -produce the further inestimable advantage of turning the attention -and enterprise of our fellow citizens, and the patronage of -our State legislatures, to the establishment of useful manufactures -in our country. They will have hastened the day when an -equilibrium between the occupations of agriculture, manufactures, -and commerce, shall simplify our foreign concerns to the exchange -only of that surplus which we cannot consume for those -articles of reasonable comfort or convenience which we cannot -produce. - -Our lot has been cast, by the favor of heaven, in a country -and under circumstances, highly auspicious to our peace and -prosperity, and where no pretence can arise for the degrading -and oppressive establishments of Europe. It is our happiness -that honorable distinctions flow only from public approbation; -and that finds no object in titled dignitaries and pageants. Let -us then, fellow citizens, endeavor carefully to guard this happy -state of things, by keeping a watchful eye over the disaffection -of wealth and ambition to the republican principles of our constitution, -and by sacrificing all our local and personal interests to -the cultivation of the Union, and maintenance of the authority -of the laws. - -My warmest thanks are due to you, fellow citizens, for the affectionate -sentiments expressed in your address, and my prayers -will ever be offered for your welfare and happiness. - - -TO THE CITIZENS OF ALLEGHANY COUNTY, IN MARYLAND. - - MONTICELLO, March 31, 1809. - -The sentiments of attachment, respect, and esteem, expressed -in your address of the 20th ult., have been read with pleasure, -and would sooner have received my thanks, but for the mass of -business engrossing the last moments of a session of Congress. I -am gratified by your approbation of our efforts for the general -good, and our endeavors to promote the best interests of our -country, and to place them on a basis firm and lasting. The -measures respecting our intercourse with foreign nations were the -result, as you suppose, of a choice between two evils, either to -call and keep at home our seamen and property, or suffer them -to be taken under the edicts of the belligerent powers. How a -difference of opinion could arise between these alternatives is -still difficult to explain on any acknowledged ground; and I am -persuaded, with you, that when the storm and agitation characterizing -the present moment shall have subsided, when passion -and prejudice shall have yielded to reason its usurped place, and -especially when posterity shall pass its sentence on the present -times, justice will be rendered to the course which has been pursued. -To the advantages derived from the choice which was -made will be added the improvements and discoveries made and -making in the arts, and the establishments in domestic manufacture, -the effects whereof will be permanent and diffused through -our wide-extended continent. That we may live to behold the -storm which seems to threaten us, pass like a summer's cloud -away, and that yourselves may continue to enjoy all the blessings -of peace and prosperity, is my fervent prayer. - - -TO THE REPUBLICAN CITIZENS OF WASHINGTON COUNTY, MARYLAND, -ASSEMBLED AT HAGERSTOWN ON THE 6TH INSTANT. - - MONTICELLO, March 31, 1809. - -The affectionate sentiments you express on my retirement -from the high office conferred upon me by my country, are -gratefully received and acknowledged with thankfulness. Your -approbation of the various measures which have been pursued, -cannot but be highly consolatory to myself, and encouraging to -future functionaries, who will see that their honest endeavors for -the public good will receive due credit with their constituents. -That the great and leading measure respecting our foreign intercourse -was the most salutary alternative, and preferable to the -submission of our rights as a free and independent republic, or to -a war at that period, cannot be doubted by candid minds. Great -and good effects have certainly flowed from it, and greater would -have been produced, had they not been, in some degree, frustrated -by unfaithful citizens. - -If, in my retirement to the humble station of a private citizen, -I am accompanied with the esteem and approbation of my fellow -citizens, trophies obtained by the blood-stained steel, or the tattered -flags of the tented field, will never be envied. The care -of human life and happiness, and not their destruction, is the -first and only legitimate object of good government. - -I salute you, fellow citizens, with every wish for your welfare, -and the perpetual duration of our government, in all the purity -of its republican principles. - - -TO JAMES HOCHIE, ESQ., PRESIDENT OF THE ANCIENT PLYMOUTH -SOCIETY OF NEW LONDON. - - MONTICELLO, April 2, 1809. - -SIR,--I have duly received your favor of March 17th, covering -resolutions of the Ancient Plymouth Society of New London, -approving my conduct, as well during the period of my late administration, -as the preceding portion of my public services. - -Our lot has been cast in times which called for the best exertions -of all our citizens to recover and preserve the rights which -nature had given them; and we may say with truth, that the -mass of our fellow citizens have performed with zeal and effect -the duties called for. If I have been fortunate enough to give -satisfaction in the performance of those allotted to me by our -country, I find an ample reward in the assurances of that satisfaction. -Possessed of the blessing of self-government, and of -such a portion of civil liberty as no other civilized nation enjoys, -it now behooves us to guard and preserve them by a continuance -of the sacrifices and exertions by which they were acquired, and -especially to nourish that union which is their sole guarantee. -I pray you to accept for yourself and your associates the assurances -of my high consideration and respect. - - -TO HIS EXCELLENCY GOVERNOR WRIGHT. - - MONTICELLO, April 3, 1809. - -DEAR SIR,--Your friendly note of March 3d, was delivered -to me on that day. You know the pressure of the last moments -of a session of Congress, and can judge of that of my own departure -from Washington, and of my first attentions here. This -must excuse my late acknowledgment of your note. The assurances -of your approbation of the course I have observed are -highly flattering, and the more so, as you have been sometimes -an eye-witness and long of the vicinage of the public councils. -The testimony of my fellow citizens, and especially of one who, -having been himself in the high departments, to the means of -information united the qualifications to judge, is a consolation -which will sweeten the residue of my life. The fog which arose -in the east in the last moments of my service, will doubtless clear -away and expose under a stronger light the rocks and shoals -which have threatened us with danger. It is impossible the -good citizens of the east should not see the agency of England, -the tools she employs among them, and the criminal arts and -falsehoods of which they have been the dupes. I still trust and -pray that our union may be perpetual, and I beg you to accept -the assurances of my high esteem and respect. - - -TO THE LEGISLATURE OF THE STATE OF NEW YORK. - - MONTICELLO, April 12, 1809. - -I receive with respect and gratitude, from the Legislature of -New York, on my retirement from the office of chief magistrate -of the United States, the assurances of their esteem, and of their -satisfaction with the services I have endeavored to render. The -welfare of my fellow citizens, and the perpetuation of our republican -institutions, having been the governing principles of my -public life, the favorable testimony borne by the Legislature of a -State so respectable as that of New York, gives me the highest -consolation. And this is much strengthened by an intimate conviction -that the same principles will govern the conduct of my -successor, whose talents, and eminent services, are a certain -pledge that the confidence in him expressed by the Legislature -of New York, will never be disappointed. - -Sole depositories of the remains of human liberty, our duty to -ourselves, to posterity, and to mankind, call on us by every motive -which is sacred or honorable, to watch over the safety of -our beloved country during the troubles which agitate and convulse -the residue of the world, and to sacrifice to that all personal -and local considerations. While the boasted energies of monarchy -have yielded to easy conquest the people they were to -protect, should our fabric of freedom suffer no more than the -slight agitations we have experienced, it will be an useful lesson -to the friends as well as the enemies of self-government. That -it may stand the shocks of time and accident, and that your own -may make a distinguished part of the mass of prosperity it may -dispense, will be my latest prayer. - - -TO THE REPUBLICANS OF QUEEN ANNE'S COUNTY. - - MONTICELLO, April 13, 1809. - -I have received, fellow citizens, your farewell address, with -those sentiments of respect and satisfaction which its very friendly -terms are calculated to inspire. With the consciousness of having -endeavored to serve my fellow citizens according to their -best interests, these testimonies of their good will are the sole -and highest remuneration my heart has ever desired. - -I am sensible of the indulgence with which you review the -measures which have been pursued; and approving our sincere -endeavors to observe a strict neutrality with respect to foreign -powers. It is with reason you observe that, if hostilities must -succeed, we shall have the consolation that justice will be on -our side. War has been avoided from a due sense of the miseries, -and the demoralization it produces, and of the superior -blessings of a state of peace and friendship with all mankind. -But peace on our part, and war from others, would neither be -for our happiness or honor; and should the lawless violences of -the belligerent powers render it necessary to return their hostilities, -no nation has less to fear from a foreign enemy. - -I thank you, fellow citizens, for your very kind wishes for my -happiness, and pray you to accept the assurances of my cordial -esteem, and grateful sense of your favor. - - -TO THE MEMBERS OF THE BAPTIST CHURCH OF BUCK MOUNTAIN IN -ALBEMARLE. - - MONTICELLO, April 13, 1809. - -I thank you, my friends and neighbors, for your kind congratulations -on my return to my native home, and on the opportunities -it will give me of enjoying, amidst your affections, -the comforts of retirement and rest. Your approbation of my -conduct is the more valued as you have best known me, and is -an ample reward for any services I may have rendered. We -have acted together from the origin to the end of a memorable -revolution, and we have contributed, each in the line allotted us, -our endeavors to render its issue a permanent blessing to our -country. That our social intercourse may, to the evening of -our days, be cheered and cemented by witnessing the freedom -and happiness for which we have labored, will be my constant -prayer. Accept the offering of my affectionate esteem and respect. - - -TO JONATHAN LOW, ESQ., HARTFORD, CONNECTICUT. - - MONTICELLO, April 13, 1809. - -SIR,--I received on the 6th instant your favor covering the -resolutions of the general meeting of the republicans of the State -of Connecticut who had been convened at Hartford; and I see -with pleasure the spirit they breathe. They express with truth -the wrongs we have sustained, the forbearance we have exercised, -and the duty of rallying round the constituted authorities, -for the protection of our Union. Surrounded by such difficulties -and dangers, it is really deplorable that any should be found -among ourselves vindicating the conduct of the aggressors; co-operating -with them in multiplying embarrassments to their own -country, and encouraging disobedience to the laws provided for -its safety. But a spirit which should go further, and countenance -the advocates for a dissolution of the Union, and for setting in -hostile array one portion of our citizens against another, would -require to be viewed under a more serious aspect. It would -prove indeed that it is high time for every friend to his country, -in a firm and decided manner, to express his sentiments of the -measures which government has adopted to avert the impending -evils, unhesitatingly to pledge himself for the support of the laws, -liberties and independence of his country; and, with the general -meeting of the republicans of Connecticut, to resolve that, for -the preservation of the Union, the support and enforcement of -the laws, and for the resistance and repulsion of every enemy, -they will hold themselves in readiness, and put at stake, if necessary, -their lives and fortunes, on the pledge of their sacred honor. - -With my thanks for the mark of attention in making this -communication, I pray you to accept for yourself and my respectable -fellow citizens from whom it proceeds, the assurance -of my high consideration, and my prayers for their welfare. - - -TO THE TAMMANY SOCIETY OF THE CITY OF BALTIMORE. - - MONTICELLO, May 25, 1809. - -Your free and cordial salutations in my retirement are received, -fellow citizens, with great pleasure, and the happiness of that retirement -is much heightened by assurances of satisfaction with -the course I have pursued in the transaction of the public affairs, -and that the confidence my fellow citizens were pleased to repose -in me, has not been disappointed. - -Great sacrifices of interest have certainly been made by our -nation under the difficulties latterly forced upon us by transatlantic -powers. But every candid and reflecting mind must agree -with you, that while these were temporary and bloodless, they -were calculated to avoid permanent subjection to foreign law and -tribute, relinquishment of independent rights, and the burthens, -the havoc, and desolations of war. That these will be ultimately -avoided, we have now some reason to hope; and the successful -example of recalling nations to the practice of justice by -peaceable appeals to their interests, will doubtless have salutary -effects on our future course. As a countervail, too, to our short-lived -sacrifices, when these shall no longer be felt, we shall permanently -retain the benefit they have prompted, of fabricating -for our own use the materials of our own growth, heretofore -carried to the work-houses of Europe, to be wrought and returned -to us. - -The hope you express that my successor will continue in the -same system of measures, is guaranteed, as far as future circumstances -will permit, by his enlightened and zealous participation -in them heretofore, and by the happy pacification he is now effecting -for us. Your wishes for my future happiness are very -thankfully felt, and returned by the sincerest desires that yourselves -may experience the favors of the great dispenser of all -good. - - - - -PART IV. - -INDIAN ADDRESSES. - - -I. - - CHARLOTTESVILLE, June 1781. - -_To Brother John Baptist de Coigne_:-- - -BROTHER JOHN BAPTIST DE COIGNE,--I am very much pleased -with the visit you have made us, and particularly that it has -happened when the wise men from all parts of our country were -assembled together in council, and had an opportunity of hearing -the friendly discourse you held to me. We are all sensible of -your friendship, and of the services you have rendered, and I -now, for my countrymen, return you thanks, and, most particularly, -for your assistance to the garrison which was besieged by -the hostile Indians. I hope it will please the great being above -to continue you long in life, in health and in friendship to us; -and that your son will afterwards succeed you in wisdom, in -good disposition, and in power over your people. I consider the -name you have given as particularly honorable to me, but I value -it the more as it proves your attachment to my country. We, -like you, are Americans, born in the same land, and having the -same interests. I have carefully attended to the figures represented -on the skins, and to their explanation, and shall always -keep them hanging on the walls in remembrance of you and -your nation. I have joined with you sincerely in smoking the -pipe of peace; it is a good old custom handed down by your ancestors, -and as such I respect and join in it with reverence. I -hope we shall long continue to smoke in friendship together. -You find us, brother, engaged in war with a powerful nation. -Our forefathers were Englishmen, inhabitants of a little island -beyond the great water, and, being distressed for land, they came -and settled here. As long as we were young and weak, the -English whom we had left behind, made us carry all our wealth -to their country, to enrich them; and, not satisfied with this, -they at length began to say we were their slaves, and should do -whatever they ordered us. We were now grown up and felt ourselves -strong, we knew we were free as they were, that we came -here of our own accord and not at their biddance, and were -determined to be free as long as we should exist. For this -reason they made war on us. They have now waged that war -six years, and have not yet won more land from us than will -serve to bury the warriors they have lost. Your old father, -the king of France, has joined us in the war, and done many -good things for us. We are bound forever to love him, and -wish you to love him, brother, because he is a good and true -friend to us. The Spaniards have also joined us, and other -powerful nations are now entering into the war to punish the -robberies and violences the English have committed on them. -The English stand alone, without a friend to support them, hated -by all mankind because they are proud and unjust. This quarrel, -when it first began, was a family quarrel between us and the -English, who were then our brothers. We, therefore, did not -wish you to engage in it at all. We are strong enough of ourselves -without wasting your blood in fighting our battles. The -English, knowing this, have been always suing to the Indians to -help them fight. We do not wish you to take up the hatchet. -We love and esteem you. We wish you to multiply and be -strong. The English, on the other hand, wish to set you and -us to cutting one another's throats, that when we are dead they -may take all our land. It is better for you not to join in this -quarrel, unless the English have killed any of your warriors or -done you any other injury. If they have, you have a right to -go to war with them, and revenge the injury, and we have none -to restrain you. Any free nation has a right to punish those who -have done them an injury. I say the same, brother, as to the -Indians who treat you ill. While I advise you, like an affectionate -friend, to avoid unnecessary war, I do not assume the -right of restraining you from punishing your enemies. If the -English have injured you, as they have injured the French and -Spaniards, do like them and join us in the war. General Clarke -will receive you and show you the way to their towns. But if -they have not injured you, it is better for you to lie still and be -quiet. This is the advice which has been always given by the -great council of the Americans. We must give the same, because -we are but one of thirteen nations, who have agreed to -act and speak together. These nations keep a council of wise -men always sitting together, and each of us separately follow -their advice. They have the care of all the people and the -lands between the Ohio and Mississippi, and will see that no -wrong be committed on them. The French settled at Kaskaskias, -St. Vincennes, and the Cohos, are subject to that council, -and they will punish them if they do you any injury. If you -will make known to me any just cause of complaint against -them, I will represent it to the great council at Philadelphia, and -have justice done you. - -Our good friend, your father, the King of France, does not lay -any claim to them. Their misconduct should not be imputed to -him. He gave them up to the English the last war, and we -have taken them from the English. The Americans alone have -a right to maintain justice in all the lands on this side the -Mississippi,--on the other side the Spaniards rule. You complain, -brother, of the want of goods for the use of your people. We -know that your wants are great, notwithstanding we have done -everything in our power to supply them, and have often grieved -for you. The path from hence to Kaskaskias is long and dangerous; -goods cannot be carried to you in that way. New Orleans -has been the only place from which we could get goods -for you. We have bought a great deal there; but I am afraid -not so much of them have come to you as we intended. Some -of them have been sold of necessity to buy provisions for our -posts. Some have been embezzled by our own drunken and -roguish people. Some have been taken by the Indians and -many by the English. - -The Spaniards, having now taken all the English posts on the -Mississippi, have opened that channel free for our commerce, -and we are in hopes of getting goods for you from them. I will -not boast to you, brother, as the English do, nor promise more -than we shall be able to fulfil. I will tell you honestly, what -indeed your own good sense will tell you, that a nation at war -cannot buy so many goods as when in peace. We do not make -so many things to send over the great waters to buy goods, as -we made and shall make again in time of peace. When we buy -those goods, the English take many of them, as they are coming -to us over the great water. What we get in safe, are to be divided -among many, because we have a great many soldiers, -whom we must clothe. The remainder we send to our brothers -the Indians, and in going, a great deal of it is stolen or lost. -These are the plain reasons why you cannot get so much from -us in war as in peace. But peace is not far off. The English -cannot hold out long, because all the world is against them. -When that takes place, brother, there will not be an Englishman -left on this side the great water. What will those foolish nations -then do, who have made us their enemies, sided with the English, -and laughed at you for not being as wicked as themselves? -They are clothed for a day, and will be naked forever after; -while you, who have submitted to short inconvenience, will be -well supplied through the rest of your lives. Their friends will -be gone and their enemies left behind; but your friends will be -here, and will make you strong against all your enemies. For -the present you shall have a share of what little goods we can -get. We will order some immediately up the Mississippi for -you and for us. If they be little, you will submit to suffer a -little as your brothers do for a short time. And when we shall -have beaten our enemies and forced them to make peace, we -will share more plentifully. General Clarke will furnish you -with ammunition to serve till we can get some from New Orleans. -I must recommend to you particular attention to him. He is -our great, good, and trusty warrior; and we have put everything -under his care beyond the Alleghanies. He will advise you in -all difficulties, and redress your wrongs. Do what he tells you, -and you will be sure to do right. You ask us to send schoolmasters -to educate your son and the sons of your people. We -desire above all things, brother, to instruct you in whatever we -know ourselves. We wish to learn you all our arts and to make -you wise and wealthy. As soon as there is peace we shall be -able to send you the best of schoolmasters; but while the war is -raging, I am afraid it will not be practicable. It shall be done, -however, before your son is of an age to receive instruction. - -This, brother, is what I had to say to you. Repeat it from -me to all your people, and to our friends, the Kickapous, Piorias, -Piankeshaws and Wyattanons. I will give you a commission -to show them how much we esteem you. Hold fast the chain -of friendship which binds us together, keep it bright as the sun, -and let them, you and us, live together in perpetual love. - - -II. - -_Speeches of John Baptist de Coigne, Chief of the Wabash and -Illinois Indians, and other Indian Chiefs._ - -Thomas Jefferson has the honor to send to the President the -speech of De Coigne, written at length from his notes very exactly. -He thinks he can assure the President that not a sentiment delivered -by the French interpreter is omitted, nor a single one inserted -which was not expressed. It differs often from what the -English interpreter delivered, because he varied much from the -other, who alone was regarded by Thomas Jefferson. - - February 1, 1793. The President having addressed the chiefs - of the Wabash and Illinois Indians, John Baptist De Coigne, - chief of Kaskaskia, spoke as follows:-- - -FATHER,--I am about to open to you my heart. I salute first -the Great Spirit, the Master of life, and then you. - -I present you a black pipe on the death of chiefs who have -come here and died in your bed. It is the calumet of the dead--take -it and smoke it in remembrance of them. The dead pray -you to listen to the living, and to be their friends. They are -gone, we cannot recall them. Let us then be contented; for, as -you have said, to-morrow, perhaps, it may be our turn. Take -then their pipe, and as I have spoken for the dead, let me now -address you for the living. [He delivered the black pipe.] - -[Here Three-Legs, a Piankeshaw chief, came forward and carried -round a white pipe, from which every one smoked.] - -John Baptist De Coigne spoke again: - -_Father_,--The sky is now cleared. I am about to open my -heart to you again. I do it in the presence of the Great Spirit, -and I pray you to attend. - -You have heard the words of our father, General Putnam. -We opened our hearts to him, we made peace with him, and he -has told you what we said. - -This pipe is white, I pray you to consider it as of the -Wyattanons, Piankeshaws, and the people of Eel river. The -English at Detroit are very jealous of our father. I have used -my best endeavors to keep all the red men in friendship with -you, but they have drawn over the one-half, while I have kept -the other. Be friendly then to those I have kept. - -I have long known you, General Washington, the Congress, -Jefferson, Sinclair. I have labored constantly for you to preserve -peace. - -You see your children on this side, [pointing to the friends of -the dead chief,] they are now orphans. Take care, then, of the -orphans of our dead friends. - -_Father_,--Your people of Kentucky are like mosquitos, and try -to destroy the red men. The red men are like mosquitos also, -and try to injure the people of Kentucky. But I look to you as -to a good being. Order your people to be just. They are always -trying to get our lands. They come on our lands, they hunt -on them; kill our game, and kill us. Keep them then on one side -of the line, and us on the other. Listen, father, to what we say, -and protect the nations of the Wabash and Mississippi in their lands. - -The English have often spoken to me, but I shut my ears to -them. I despise their money, it is nothing to me. I am attached -to my lands. I love to eat in tranquillity, and not like -a bird on a bough. - -The Piankeshaws, Wyattanons, Wiaws, and all the Indians of -the Mississippi and Wabash, pray you to open your heart and ears -to them, and as you befriend them, to give them Captain Prior -for their father. We love him, men, women, and children of us. -He has always been friendly to us, always taken care of us, and -you cannot give us a better proof of your friendship than in leaving -him with us. - -[Here Three-Legs handed round the white pipe to be -smoked.] De Coigne, then, taking a third pipe, proceeded: - -This pipe, my father, is sent you by the great chief of all the -Wiaws, called Crooked-Legs. He is old, infirm, and cannot -walk, therefore is not come. But he prays you to be his friend, -and to take care of his people. He tells you there are many red -people jealous of you, but you need not fear them. If he could -have walked he would have come; but he is old and sick, and -cannot walk. The English have a sugar mouth, but Crooked-Legs -would never listen to them. They threatened us to send -the red men to cut off him and his people, and they sent the red -men who threatened to do it, unless he would join the English. -But he would not join them. - -The chiefs of the Wabash, father, pray you to listen. They -send you this pipe from afar. Keep your children quiet at the -Falls of Ohio. We know you are the head of all. We appeal -to you. Keep the Americans on one side of the Ohio, from the -falls downwards, and us on the other; that we may have something -to live on according to your agreement in the treaty which -you have. And do not take from the French the lands we have -given them. - -Old Crooked-Legs sends you this pipe, [here he presented it,] -and he prays you to send him Captain Prior for his father, for -he is old, and you ought to do this for him. - -_Father_,--I pray you to listen. So far I have spoken for -others, and now will speak for myself. I am of Kaskaskia, and -have always been a good American from my youth upwards. -Yet the Kentuckians take my lands, eat my stock, steal my -horses, kill my game, and abuse our persons. I come far with -all these people. My nation is not numerous. No people can -fight against you father, but the Great God himself. All the red -men together cannot do it; but have pity on us. I am now old. -Do not let the Kentuckians take my lands nor injure me, but -give me a line to them to let me alone. - -_Father_,--The Wyattanons, Piankeshaws, Piorias, Powtewatamies, -Mosquitoes, Kaskaskias, have now made a road to you. It -is broad and white. Take care of it then, and keep it open. - -_Father_,--You are powerful. You said you would wipe away -our tears. We thank you for this. Be firm, and take care of -your children. - -The hatchet has been long buried. I have been always for -peace. I have done what I could, given all the money I had to -procure it. - -The half of my heart, father, is black. I brought the Piorias -to you. Half of them are dead. I fear they will say it was my -fault; but, father, I look upon you, my heart is white again, and -I smile. - -The Shawanese, the Delawares, and the English, are always -persuading us to take up the hatchet against you, but I have -been always deaf to their words. [Here he gave a belt.] - -Great Joseph who came with us is dead. Have compassion -on his niece, his son-in-law, and his chiefs, [pointing to them.] -It is a dead man who speaks to you, father; accept, therefore, -these black beads. [Here he presented several strands of dark -colored beads.] I have now seen General Washington, I salute -and regard him next after the Great Spirit. - -Como, a Powtewatamy chief, then said, that as the President -had already been long detained, and the hour was advanced, he -would resume what he had to say at another day. - -Shawas, the Little Doe, a Kickapou chief, though very sick, -had attended the conference, and now carried the pipe round to -be smoked. He then addressed the President. - -_Father_,--I am still very ill, and unable to speak. I am a -Kickapou, and drink of the waters of the Wabash and Mississippi. -I have been to the Wabash and treatied with General Putnam, -and I came not to do ill, but to make peace. Send to us Captain -Prior to be our father, and no other. He possesses all our love. - -_Father_,--I am too ill to speak. You will not forget what the -others have said. - -_February 2._--The day being cloudy, the Indians did not -choose to meet. - -_February 4._--The morning was cloudy, they gave notice -that if it should clear up they would attend at the President's -at 2 o'clock. Accordingly, the clouds having broke away about -noon, they attended a little after 2, except Shawas and another, -who were sick, and one woman. - -Como, a Powtewatamy chief, spoke. - -_Father_,--I am opening my heart to speak to you, open yours -to receive my words. I first address you from a dead chief, who -when he was about to die, called us up to him and charged us -never to part with our lands. So I have done for you, my children, -and so do you for yours. For what have we come so far? -Not to ruin our nation, nor yet that we might carry goods home -to our women and children; but to procure them lasting good, to -open a road between them and the whites, solicit our father to -send Captain Prior to us. He has taken good care of us, and -we all love him. - -Now, Father, I address you for our young people, but there -remains not much to say, for I spoke to you through General -Putnam, and you have what I said on paper. I have buried the -hatchet forever, so must your children. I speak the truth, and -you must believe me. We all pray you to send Captain Prior -to us, because he has been so very kind to us all. [Here he delivered -strands of dark colored beads.] - -_Father_,--Hear me and believe me. I speak the truth, and -from my heart; receive my words then into yours. I am come -from afar for the good of my women and children, for their -present and future good. When I was at home in the midst of -them, my heart sunk within me, I saw no hope for them. The -heavens were gloomy and lowering, and I could not tell why. -But General Putnam spoke to us, and called us together. I rejoiced -to hear him, and determined immediately to come and -see my father. Father, I am happy to see you. The heavens -have cleared away, the day is bright, and I rejoice to hear your -voice. These beads [holding up a bundle of white strands] are -a road between us. Take you hold at one end, I will at the -other, and hold it fast. I will visit this road every day, and -sweep it clean. If any blood be on it, I will cover it up; if -stumps, I will cut them out. Should your children and mine -meet in this road they shall shake hands and be good friends. -Some of the Indians who belong to the English will be trying -to sow harm between us, but we must be on our guard and prevent -it. - -_Father_,--I love the land on which I was born, the trees which -cover it, and the grass growing on it. It feeds us well. I am -not come here to ask gifts. I am young, and by hunting on my -own land, can kill what I want and feed my women and children -in plenty. I come not to beg. But if any of your traders -would wish to come among us, let them come. For who will -hurt them? Nobody, I will be there before them. - -_Father_,--I take you by the hand with all my heart. I will -never forget you; do not you forget me. - -[Here he delivered the bundle of white strands.] - -The Little Beaver, a Wyattanon, on the behalf of Crooked-Legs, -handed round the pipe, and then spoke. - -_Father_,--Listen now to me as you have done to others. I am -not a very great chief; I am a chief of war, and leader of the -young people. - -_Father_,--I wished much to hear you; you have spoken comfort -to us, and I am happy to have heard it. The sun has -shone out, and all is well. This makes us think it was the -Great Spirit speaking truth through you. Do then what you -have said, restrain your people if they do wrong, as we will ours -if they do wrong. - -_Father_,--We gave to our friend (Prior) who came with us, -our name of Wyattanon, and he gave us his name of American. -We are now Americans, give him then unto us as a father. He -has loved us and taken care of us. He had pity on our women -and children, and fed them. Do not forget to grant us this request. -You told us to live in quiet, and to do right. We will -do what you desire, and let Prior come to us. - -Now that we have come so far to hear you, write a line to -your people to keep the river open between us, that we may go -down in safety, and that our women and children may work in -peace. When I go back, I will bear to them good tidings, and -our young men will no longer hunt in fear for the support of our -women and children. - -_Father_,--All of us who have heard you are made happy, all -are in the same sentiment with me, all are satisfied. Be assured -that, when we return, the Indians and Americans will be one -people, will hunt, and play, and laugh together. For me, I never -will depart one step from Prior. We are come from afar to make -a stable peace, to look forward to our future good. Do not refuse -what we solicit, we will never forget you. - -Here I will cease. The father of life might otherwise think -I babbled too much, and so might you. I finish then, in giving -you this pipe. It is my own, and from myself alone. I am but -a warrior. I give it to you to smoke in. Let its fumes ascend -to the Great Spirit in heaven. - -[He delivered the pipe to the President.] - -The wife of the soldier, a Wyattanon, speaks: - -_Father_,--I take you by the hand with all my heart because -you have spoken comfort to us. I am but a woman, yet you -must listen. - -The village chiefs, and chiefs of war, have opened their bodies -and laid naked their hearts to you. Let them too see your heart -and listen to them. - -We have come, men and women, from afar to beseech you to -let no one take our lands. That is one of our children, [pointing -to General Putnam.] It was he who persuaded us to come. -We thought he spoke the truth, we came, and we hope that good -will come of it. - -_Father_,--We know you are strong, have pity on us. Be firm -in your words. They have given us courage. The father of -life has opened our hearts on both sides for good. - -He who was to have spoken to you is dead, Great Joseph. If -he had lived you would have heard a good man, and good words -flowing from his mouth. He was my uncle, and it has fallen to -me to speak for him. But I am ignorant. Excuse, then, these -words, it is but a woman who speaks. - -[She delivers white strands.] - -Three-Legs, a Piankeshaw spoke. - -I speak for a young chief whom I have lost here. He came -to speak to you, father, but he had not that happiness. He died. -I am not a village chief, but only a chief of war. - -We are come to seek all our good, and to be firm in it. If -our father is firm, we will be so. It was a dark and gloomy -day in which I lost my young chief. The master of life saw -that he was good, and called him to himself. We must submit -to his will. [He gave a black strand.] I pray you all who are -present to say, as one man, that our peace is firm, and to let it be -firm. Listen to us if you love us. We live on the river on one -side, and shall be happy to see Captain Prior on the other, and -to have a lasting peace. Here is our father Putnam. He -heard me speak at Au Porte. If I am false let him say so. - -My land is but small. If any more be taken from us, I will -come again to you and complain, for we shall not be able to live. -Have pity on us father. You have many red children there, -and they have little whereon to live. Leave them land enough -to labor, to hunt, and to live on, and the lands which we have -given to the French, let them be to them forever. - -_Father_,--We are very poor, we have traders among us, but -they will sell too dear. We have not the means of supplying -our wants at such prices. Encourage your traders then to come, -and to bring us guns, powder, and other necessaries, and send -Captain Prior also to us. - -[He gave a string of white beads.] De Coigne spoke: - -Jefferson, I have seen you before, and we have spoken together. -Sinclair, we have opened our hearts to one another. Putnam, -we did the same at Au Porte. - -_Father_,--You have heard these three speak of me, and you -know my character. The times are gloomy in my town. We -have no commander, no soldier, no priest. Have you no concern -for us, father? If you have, put a magistrate with us to -keep the peace. I cannot live so. I am of French blood. When -there are no priests among us we think that all is not well. -When I was small we had priests, now that I am old we have -none; am I to forget, then, how to pray? Have pity on me and -grant what I ask. I have spoken on your behalf to all the nations. -I am a friend to all, and hurt none. For what are we -on this earth? But as a small and tender plant of corn; even -as nothing. God has made this earth for you as well as for us; -we are then but as one family, and if any one strikes you, it is -as if he had struck us. If any nation strikes you, father, we -will let you know what nation it is. - -_Father_,--We fear the Kentuckians. They are headstrong, -and do us great wrong. They are not content to come on our -lands, to hunt on them, to steal and destroy our stocks, as the -Shawanese and Delawares do, but they go further, and abuse our -persons. Forbid them to do so. Sinclair, you know that the -Shawanese and Delawares came from the Spanish side of the -river, destroyed our corn, and killed our cattle. We cannot live -if things go so. - -_Father_,--You are rich, you have all things at command, you -want for nothing, you promised to wipe away our tears. I commend -our women and children to your care. - -[He gave strands of white beads.] - -The President then assured them that he would take in consideration -what they had said, and would give them an answer -on another day; whereupon the conference ended for the present. - - -III. - - January 7, 1802. - -_Brothers and friends of the Miamis, Powtewatamies, and Weeauks:--_ - -I receive with great satisfaction the visit you have been so -kind as to make us at this place, and I thank the Great Spirit who -has conducted you to us in health and safety. It is well that -friends should sometimes meet, open their minds mutually, and -renew the chain of affection. Made by the same Great Spirit, -and living in the same land with our brothers, the red men, we -consider ourselves as of the same family; we wish to live with -them as one people, and to cherish their interests as our own. -The evils which of necessity encompass the life of man are sufficiently -numerous. Why should we add to them by voluntarily -distressing and destroying one another? Peace, brothers, is better -than war. In a long and bloody war, we lose many friends, -and gain nothing. Let us then live in peace and friendship together, -doing to each other all the good we can. The wise and -good on both sides desire this, and we must take care that the -foolish and wicked among us shall not prevent it. On our part, -we shall endeavor in all things to be just and generous towards -you, and to aid you in meeting those difficulties which a change -of circumstances is bringing on. We shall, with great pleasure, -see your people become disposed to cultivate the earth, to raise -herds of the useful animals, and to spin and weave, for their food -and clothing. These resources are certain; they will never disappoint -you: while those of hunting may fail, and expose your -women and children to the miseries of hunger and cold. We -will with pleasure furnish you with implements for the most -necessary arts, and with persons who may instruct you how to -make and use them. - -I consider it as fortunate that you have made your visit at this -time, when our wise men from the sixteen States are collected -together in council, who being equally disposed to befriend you, -can strengthen our hands in the good we all wish to render you. - -The several matters you opened to us in your speech the other -day, and those on which you have since conversed with the -Secretary of War, have been duly considered by us. He will -now deliver answers, and you are to consider what he says, as -if said by myself, and that what we promise we shall faithfully -perform. - - -IV. - - February 10, 1802. - -_Brothers of the Delaware and Shawanee nations_:-- - -I thank the Great Spirit that he has conducted you hither in -health and safety, and that we have an opportunity of renewing -our amity, and of holding friendly conference together. It is a -circumstance of great satisfaction to us that we are in peace and -good understanding with all our red brethren, and that we discover -in them the same disposition to continue so which we feel -ourselves. It is our earnest desire to merit, and possess their -affections, by rendering them strict justice, prohibiting injury from -others, aiding their endeavors to learn the culture of the earth, -and to raise useful animals, and befriending them as good neighbors, -and in every other way in our power. By mutual endeavors -to do good to each other, the happiness of both will be better -promoted than by efforts of mutual destruction. We are all -created by the same Great Spirit; children of the same family. -Why should we not live then as brothers ought to do? - -I am peculiarly gratified by receiving the visit of some of your -most ancient and greatest warriors, of whom I have heard much -good. It is a long journey which they have taken at their age, -and in this season, and I consider it as a proof that their affections -for us are sincere and strong. I hope that the young men, -who have come with them, to make acquaintance with us, judging -our dispositions towards them by what they see themselves, -and not what they may hear from others, will go hand in hand -with us, through life, in the cultivation of mutual peace, friendship, -and good offices. - -The speech which the Blackhoof delivered us, in behalf of -your nation, has been duly considered. The answer to all its -particulars will now be delivered you by the Secretary of War. -Whatever he shall say, you may consider as if said by myself, -and that what he promises our nation will perform. - - -V. - - WASHINGTON, November 3, 1802. - -_To Brother Handsome Lake_:-- - -I have received the message in writing which you sent me -through Captain Irvine, our confidential agent, placed near you -for the purpose of communicating and transacting between us, -whatever may be useful for both nations. I am happy to learn -you have been so far favored by the Divine spirit as to be made -sensible of those things which are for your good and that of your -people, and of those which are hurtful to you; and particularly -that you and they see the ruinous effects which the abuse of -spirituous liquors have produced upon them. It has weakened -their bodies, enervated their minds, exposed them to hunger, -cold, nakedness, and poverty, kept them in perpetual broils, and -reduced their population. I do not wonder then, brother, at -your censures, not only on your own people, who have voluntarily -gone into these fatal habits, but on all the nations of white -people who have supplied their calls for this article. But these -nations have done to you only what they do among themselves. -They have sold what individuals wish to buy, leaving to every -one to be the guardian of his own health and happiness. Spirituous -liquors are not in themselves bad, they are often found to -be an excellent medicine for the sick; it is the improper and intemperate -use of them, by those in health, which makes them -injurious. But as you find that your people cannot refrain from -an ill use of them, I greatly applaud your resolution not to use -them at all. We have too affectionate a concern for your happiness -to place the paltry gain on the sale of these articles in competition -with the injury they do you. And as it is the desire -of your nation, that no spirits should be sent among them, -I am authorized by the great council of the United States to prohibit -them. I will sincerely coöperate with your wise men in -any proper measures for this purpose, which shall be agreeable to -them. - -You remind me, brother, of what I said to you, when you -visited me the last winter, that the lands you then held would -remain yours, and shall never go from you but when you should -be disposed to sell. This I now repeat, and will ever abide by. -We, indeed, are always ready to buy land; but we will never ask -but when you wish to sell; and our laws, in order to protect you -against imposition, have forbidden individuals to purchase lands -from you; and have rendered it necessary, when you desire to -sell, even to a State, that an agent from the United States should -attend the sale, see that your consent is freely given, a satisfactory -price paid, and report to us what has been done, for our approbation. -This was done in the late case of which you complain. -The deputies of your nation came forward, in all the forms -which we have been used to consider as evidence of the will of -your nation. They proposed to sell to the State of New York -certain parcels of land, of small extent, and detached from the -body of your other lands; the State of New York was desirous -to buy. I sent an agent, in whom we could trust, to see that -your consent was free, and the sale fair. All was reported to be -free and fair. The lands were your property. The right to sell -is one of the rights of property. To forbid you the exercise of -that right would be a wrong to your nation. Nor do I think, -brother, that the sale of lands is, under all circumstances, injurious -to your people. While they depended on hunting, the -more extensive the forest around them, the more game they -would yield. But going into a state of agriculture, it may be as -advantageous to a society, as it is to an individual, who has more -land than he can improve, to sell a part, and lay out the money -in stocks and implements of agriculture, for the better improvement -of the residue. A little land well stocked and improved, -will yield more than a great deal without stock or improvement. -I hope, therefore, that on further reflection, you will see this -transaction in a more favorable light, both as it concerns the interest -of your nation, and the exercise of that superintending -care which I am sincerely anxious to employ for their subsistence -and happiness. Go on then, brother, in the great reformation -you have undertaken. Persuade our red brethren then to be -sober, and to cultivate their lands; and their women to spin and -weave for their families. You will soon see your women and -children well fed and clothed, your men living happily in peace -and plenty, and your numbers increasing from year to year. It -will be a great glory to you to have been the instrument of so -happy a change, and your children's children, from generation -to generation, will repeat your name with love and gratitude forever. -In all your enterprises for the good of your people, you may -count with confidence on the aid and protection of the United -States, and on the sincerity and zeal with which I am myself -animated in the furthering of this humane work. You are our -brethren of the same land; we wish your prosperity as brethren -should do. Farewell. - - -VI. - - January 8, 1803. - -_Brothers Miamis and Delawares_:-- - -I am happy to see you here, to take you by the hand, and to -renew the assurances of our friendship. The journey which you -have taken is long; but it leads to a right understanding of what -either of us may have misunderstood; it will be useful for all. -For, living in the same land, it is best for us all that we should -live together in peace, friendship, and good neighborhood. - -I have taken into serious consideration the several subjects on -which you spoke to me the other day, and will now proceed to -answer them severally. - -You know, brothers, that, in ancient times, your former fathers -the French settled at Vincennes, and lived and traded with your -ancestors, and that those ancestors ceded to the French a tract -of country, on the Wabash river, seventy leagues broad, and extending -in length from Point Coupee to the mouth of White -river. The French, at the close of a war between them and the -English, ceded this country to the English; who, at the close of -a war between them and us, ceded it to us. The remembrance -of these transactions is well preserved among the white people; -they have been acknowledged in a deed signed by your fathers; -and you also, we suppose, must have heard it from them. Sincerely -desirous to live in peace and brotherhood with you, and -that the hatchet of war may never again be lifted, we thought -it prudent to remove from between us whatever might at any -time produce misunderstanding. The unmarked state of our -boundaries, and mutual trespasses on each others' lands, for want -of their being known to all our people, have at times threatened -our peace. We therefore instructed Governor Harrison to call a -meeting of the chiefs of all the Indian nations around Vincennes, -and to propose that we should settle and mark the boundary between -us. The chiefs of these nations met. They appeared to -think hard that we should claim the whole of what their ancestors -had ceded and sold to the white men, and proposed to mark -off for us from Point Coupee to the mouth of White river, a -breadth of twenty-four leagues only, instead of seventy. His -offer was a little more than a third of our right. But the desire -of being in peace and friendship with you, and of doing nothing -which should distress you, prevailed in our minds, and we agreed -to it. This was the act of the several nations, original owners -of the soil, and by men duly authorized by the body of those -nations. You, brothers, seem not to have been satisfied with it. -But it is a rule in all countries that what is done by the body -of a nation must be submitted to by all its members. We have -no right to alter, on a partial deputation, what we have settled -by treaty with the body of the nations concerned. The lines -too, which are agreed on, are to be run and marked in the presence -of your chiefs, who will see that they are fairly run. Your -nations were so sensible of the moderation of our conduct towards -them, that they voluntarily offered to lend us forever the salt -springs, and four miles square of land near the mouth of the -Wabash, without price. But we wish nothing without price. -And we propose to make a reasonable addition to the annuity -we pay to the owners. - -You complain that our people buy your lands individually, -and settle and hunt on them without leave. To convince you -of the care we have taken to guard you against the injuries and -arts of interested individuals, I now will give you a copy of a -law, of our great council the Congress, forbidding individuals to -buy lands from you, or to settle or hunt on your lands; and making -them liable to severe punishment. And if you will at any -time seize such individuals, and deliver them to any officer of the -United States, they will be punished according to law. - -We have long been sensible, brothers, of the great injury you -receive from an immoderate use of spirituous liquors; and although -it be profitable to us to make and sell these liquors, yet -we value more the preservation of your health and happiness. -Heretofore we apprehended you would be displeased, were we to -withhold them from you. But leaving it to be your desire, we -have taken measures to prevent their being carried into your -country; and we sincerely rejoice at this proof of your wisdom. -Instead of spending the produce of your hunting in purchasing -this pernicious drink, which produces poverty, broils and murders, -it will now be employed in procuring food and clothing -for your families, and increasing instead of diminishing your -numbers. - -You have proposed, brothers, that we should deduct from your -next year's annuity, the expenses of your journey here; but this -would be an exactness we do not practise with our red brethren. -We will bear with satisfaction the expenses of your journey, -and of whatever is necessary for your personal comfort; and -will not, by deducting them, lessen the amount of the necessaries -which your women and children are to receive the next -year. - -From the same good will towards you, we shall be pleased to -see you making progress in raising stock and grain, and making -clothes for yourselves. A little labor in this way, performed at -home and at ease, will go further towards feeding and clothing -you, than a great deal of labor in hunting wild beasts. - -In answer to your request of a smith to be stationed in some -place convenient to you, I can inform you that Mr. Wells, our -agent, is authorized to make such establishments, and also to furnish -you with implements of husbandry and manufacture, whenever -you shall be determined to use them. The particulars on -this subject, as well as of some others mentioned in your speech, -and in the written speech you brought me from Buckangalah -and others, will be communicated and settled with you by the -Secretary at War. And I shall pray you in your return, to be -the bearers to your countrymen and friends of assurances of my -sincere friendship, and that our nation wishes to befriend them -in everything useful, and to protect them against all injuries -committed by lawless persons from among our citizens, either on -their lands, their lives or their property. - - -VII. - - December 17, 1803. - -_Brothers of the Choctaw nation_:-- - -We have long heard of your nation as a numerous, peaceable, -and friendly people; but this is the first visit we have had from -its great men at the seat of our government. I welcome you -here; am glad to take you by the hand, and to assure you, for -your nation, that we are their friends. Born in the same land, -we ought to live as brothers, doing to each other all the good we -can, and not listening to wicked men, who may endeavor to -make us enemies. By living in peace, we can help and prosper -one another; by waging war, we can kill and destroy many on -both sides; but those who survive will not be the happier for -that. Then, brothers, let it forever be peace and good neighborhood -between us. Our seventeen States compose a great and -growing nation. Their children are as the leaves of the trees, -which the winds are spreading over the forest. But we are just -also. We take from no nation what belongs to it. Our growing -numbers make us always willing to buy lands from our red -brethren, when they are willing to sell. But be assured we -never mean to disturb them in their possessions. On the contrary, -the lines established between us by mutual consent, shall -be sacredly preserved, and will protect your lands from all encroachments -by our own people or any others. We will give -you a copy of the law, made by our great Council, for punishing -our people, who may encroach on your lands, or injure you -otherwise. Carry it with you to your homes, and preserve it, -as the shield which we spread over you, to protect your land, -your property and persons. - -It is at the request which you sent me in September, signed -by Puckshanublee and other chiefs, and which you now repeat, -that I listen to your proposition, to sell us lands. You say you -owe a great debt to your merchants, that you have nothing to -pay it with but lands, and you pray us to take lands, and pay -your debt. The sum you have occasion for, brothers, is a very -great one. We have never yet paid as much to any of our red -brethren for the purchase of lands. You propose to us some on -the Tombigbee, and some on the Mississippi. Those on the -Mississippi suit us well. We wish to have establishments on -that river, as resting places for our boats, to furnish them provisions, -and to receive our people who fall sick on the way to or -from New Orleans, which is now ours. In that quarter, therefore, -we are willing to purchase as much as you will spare. But -as to the manner in which the line shall be run, we are not -judges of it here, nor qualified to make any bargain. But we -will appoint persons hereafter to treat with you on the spot, who, -knowing the country and quality of the lands, will be better able -to agree with you on a line which will give us a just equivalent -for the sum of money you want paid. - -You have spoken, brothers, of the lands which your fathers -formerly sold and marked off to the English, and which they -ceded to us with the rest of the country they held here; and -you say that, though you do not know whether your fathers -were paid for them, you have marked the line over again for us, -and do not ask repayment. It has always been the custom, -brothers, when lands were bought of the red men, to pay for -them immediately, and none of us have ever seen an example of -such a debt remaining unpaid. It is to satisfy their immediate -wants that the red men have usually sold lands; and in such a -case, they would not let the debt be unpaid. The presumption -from custom then is strong; so it is also from the great length -of time since your fathers sold these lands. But we have, moreover, -been informed by persons now living, and who assisted the -English in making the purchase, that the price was paid at the -time. Were it otherwise, as it was their contract, it would be -their debt, not ours. - -I rejoice, brothers, to hear you propose to become cultivators -of the earth for the maintenance of your families. Be assured -you will support them better and with less labor, by raising -stock and bread, and by spinning and weaving clothes, than by -hunting. A little land cultivated, and a little labor, will procure -more provisions than the most successful hunt; and a woman -will clothe more by spinning and weaving, than a man by hunting. -Compared with you, we are but as of yesterday in this -land. Yet see how much more we have multiplied by industry, -and the exercise of that reason which you possess in common -with us. Follow then our example, brethren, and we will aid -you with great pleasure. - -The clothes and other necessaries which we sent you the last -year, were, as you supposed, a present from us. We never meant -to ask land or any other payment for them; and the store which -we sent on, was at your request also; and to accommodate you -with necessaries at a reasonable price, you wished of course to -have it on your land; but the land would continue yours, not -ours. - -As to the removal of the store, the interpreter, and the agent, -and any other matters you may wish to speak about, the Secretary -at War will enter into explanations with you, and whatever -he says, you may consider as said by myself, and what he promises -you will be faithfully performed. - -I am glad, brothers, you are willing to go and visit some other -parts of our country. Carriages shall be ready to convey you, -and you shall be taken care of on your journey; and when you -shall have returned here and rested yourselves to your own mind, -you shall be sent home by land. We had provided for your -coming by land, and were sorry for the mistake which carried -you to Savannah instead of Augusta, and exposed you to the -risks of a voyage by sea. Had any accident happened to you, -though we could not help it, it would have been a cause of great -mourning to us. But we thank the Great Spirit who took care -of you on the ocean, and brought you safe and in good health -to the seat of our great Council; and we hope His care will accompany -and protect you, on your journey and return home; -and that He will preserve and prosper your nation in all its just -pursuits. - - -VIII. - -_My Children, White-hairs, Chiefs, and Warriors of the Osage -Nation_:-- - -I repeat to you assurances of the satisfaction it gives me to receive -you here. Besides the labor of such a journey, the confidence -you have shown in the honor and friendship of my countrymen -is peculiarly gratifying, and I hope you have seen that your -confidence was justly placed, that you have found yourselves, -since you crossed the Mississippi, among brothers and friends, -with whom you were as safe as at home. - -_My Children_,--I sincerely weep with you over the graves of -your chiefs and friends, who fell by the hands of their enemies -lately descending the Osage river. Had they been prisoners, -and living, we would have recovered them. But no voice can -awake the dead; no power undo what is done. On this side the -Mississippi, where our government has been long established, -and our authority organized, our friends visiting us are safe. -We hope it will not be long before our voice will be heard -and our arm respected, by those who meditate to injure our -friends on the other side of that river. In the meantime, Governor -Harrison will be directed to take proper measures to inquire -into the circumstances of the transaction, to report them to -us for consideration, and for the further measures they may require. - -_My Children_,--By late arrangements with France and Spain, -we now take their place as your neighbors, friends, and fathers; -and we hope you will have no cause to regret the change. It is -so long since our forefathers came from beyond the great water, -that we have lost the memory of it, and seem to have grown out -of this land, as you have done. Never more will you have occasion -to change your fathers. We are all now of one family, -born in the same land, and bound to live as brothers; and the -strangers from beyond the great water are gone from among us. -The Great Spirit has given you strength, and has given us -strength; not that we might hurt one another, but to do each -other all the good in our power. Our dwellings, indeed, are -very far apart, but not too far to carry on commerce and useful -intercourse. You have furs and peltries which we want, and we -have clothes and other useful things which you want. Let us -employ ourselves, then, in mutually accommodating each other. -To begin this on our part, it was necessary to know what nations -inhabited the great country called Louisiana, which embraces -all the waters of the Mississippi and Missouri, what number -of peltries they could furnish, what quantities and kind of -merchandize they would require, where would be the deposits -most convenient for them, and to make an exact map of all those -waters. For this purpose I sent a beloved man, Captain Lewis, -one of my own household, to learn something of the people with -whom we are now united, to let you know we were your friends, -to invite you to come and see us, and to tell us how we can be -useful to you. I thank you for the readiness with which you -have listened to his voice, and for the favor you have showed -him in his passage up the Missouri. I hope your countrymen -will favor and protect him as far as they extend. On his return -we shall hear what he has seen and learnt, and proceed to establish -trading houses where our red brethren shall think best, -and to exchange commodities with them on terms with which -they will be satisfied. - -With the same views I had prepared another party to go up -the Red River to its source, thence to the source of the Arkansas, -and down it to its mouth. But I will now give orders that they -shall only go a small distance up the Red River this season, and -return to tell us what they have seen, and that they shall not set -out for the head of that river till the ensuing spring, when you -will be at home, and will, I hope, guide and guard them in their -journey. I also propose the next year to send another small -party up the river of the Kansas to its source, thence to the head -of the river of the Panis, and down to its mouth; and others up -the rivers on the north side of the Missouri. For guides along -these rivers, we must make arrangements with the nations inhabiting -them. - -_My Children_,--I was sorry to learn that a schism had taken -place in your nation, and that a part of your people had withdrawn -with the Great-Track to the Arkansas river. We will send -an agent to them, and will use our best offices to induce them to -return, and to live in union with you. We wish to make them -also our friends, and to make that friendship, and the weight it -may give us with them, useful to you and them. - -We propose, my children, immediately to establish an agent -to reside with you, who will speak to you our words, and convey -yours to us, who will be the guardian of our peace and friendship, -convey truths from one to the other, dissipate all falsehoods -which might tend to alienate and divide us, and maintain a good -understanding and friendship between us. As the distance is -too great for you to come often and tell us your wants, you will -tell them to him on the spot, and he will convey them to us in -writing, so that we shall be sure that they come from you. -Through the intervention of such an agent we shall hope that -our friendship will forever be preserved. No wrong will ever be -done you by our nation, and we trust that yours will do none to -us. And should ungovernable individuals commit unauthorized -outrage on either side, let them be duly punished; or if they escape, -let us make to each other the best satisfaction the case -admits, and not let our peace be broken by bad men. For all -people have some bad men among them, whom no laws can restrain. - -As you have taken so long a journey to see your father, we -wish you not to return till you shall have visited our country -and towns toward the sea coast. This will be new and satisfactory -to you, and it will give you the same knowledge of the -country on this side the Mississippi, which we are endeavoring -to acquire of that on the other side, by sending trusty persons to -explore them. We propose to do in your country only what we -are desirous you should do in ours. We will provide accommodations -for your journey, for your comfort while engaged in it, -and for your return in safety to your own country, carrying with -you those proofs of esteem with which we distinguish our friends, -and shall particularly distinguish you. On your return tell your -people that I take them all by the hand; that I become their -father hereafter; that they shall know our nation only as friends -and benefactors; that we have no views upon them but to carry -on a commerce useful to them and us; to keep them in peace -with their neighbors, that their children may multiply, may grow -up and live to a good old age, and their women no more fear the -tomahawk of any enemy. - -My children, these are my words, carry them to your nation, -keep them in your memories, and our friendship in your hearts, -and may the Great Spirit look down upon us and cover us with -the mantle of his love. - - -IX. - - March 7, 1805. - -_My Children, Chiefs of the Chickasaw nation, Minghey, Mataha, and -Tishohotana_:-- - -I am happy to receive you at the seat of the government of -the twenty-two nations, and to take you by the hand. Your -friendship to the Americans has long been known to me. Our -fathers have told us that your nation never spilled the blood of -an American, and we have seen you fighting by our side and -cementing our friendship by mixing our blood in battle against -the same enemies. I rejoice, therefore, that the Great Spirit has -covered you with his protection through so long a journey and -so inclement a season, and brought you safe to the dwelling of -a father who wishes well to all his red children, and to you especially. -It would have been also pleasing to have received the -other chiefs who had proposed to come with you, and to have -known and become known to them, had it been convenient for -them to come. I have long wished to see the beloved men of -your nation, to renew the friendly conferences of former times, -to assure them that we remain constant in our attachment to -them, and to prove it by our good offices. - -Your country, like all those on this side the Mississippi, has -no longer game sufficient to maintain yourselves, your women -and children, comfortably by hunting. We, therefore, wish to -see you undertake the cultivation of the earth, to raise cattle, -corn, and cotton, to feed and clothe your people. A little labor -in the earth will produce more food than the best hunts you can -now make, and the women will spin and weave more clothing -than the men can procure by hunting. We shall very willingly -assist you in this course by furnishing you with the necessary -tools and implements, and with persons to instruct you in the -use of them. - -We have been told that you have contracted a great debt to -some British traders, which gives you uneasiness, and which you -honestly wish to pay by the sale of some of your lands. Whenever -you raise food from the earth, and make your own clothing, -you will find that you have a great deal of land more than -you can cultivate or make useful, and that it will be better for -you to sell some of that, to pay your debts, and to have something -over to be paid to you annually to aid you in feeding and -clothing yourselves. Your lands are your own, my children, -they shall never be taken from you by our people or any others. -You will be free to keep or to sell as yourselves shall think most -for your own good. If at this time you think it will be better -for you to dispose of some of them to pay your debts, and to -help your people to improve the rest, we are willing to buy on -reasonable terms. Our people multiply so fast that it will suit us -to buy as much as you wish to sell, but only according to your -good will. We have lately obtained from the French and Spaniards -all the country beyond the Mississippi called Louisiana, in -which there is a great deal of land unoccupied by any red men. -But it is very far off, and we would prefer giving you lands -there, or money and goods as you like best, for such parts of your -land on this side the Mississippi as you are disposed to part with. -Should you have anything to say on this subject now, or at any -future time, we shall be always ready to listen to you. - -I am obliged, within a few days, to set out on a long journey; -but I wish you to stay and rest yourselves according to your own -convenience. The Secretary at War will take care of you, will -have you supplied with whatever you may have occasion for, -and will provide for your return at your own pleasure. And I -hope you will carry to your countrymen assurances of the sincere -friendship of the United States to them, and that we shall -always be disposed to render them all the service in our power. -This, my children, is all I had proposed to say at this time. - - -X. - -_To the Wolf and people of the Mandar nation._ - - WASHINGTON, December 30, 1806. - -_My Children, the Wolf and people of the Mandar nation._--I -take you by the hand of friendship and give you a hearty -welcome to the seat of the government of the United States. -The journey which you have taken to visit your fathers on -this side of our island is a long one, and your having undertaken -it is a proof that you desired to become acquainted with -us. I thank the Great Spirit that he has protected you through -the journey and brought you safely to the residence of your -friends, and I hope He will have you constantly in his safe keeping, -and restore you in good health to your nations and families. - -My friends and children, we are descended from the old nations -which live beyond the great water, but we and our forefathers -have been so long here that we seem like you to have -grown out of this land. We consider ourselves no longer of the -old nations beyond the great water, but as united in one family -with our red brethren here. The French, the English, the Spaniards, -have now agreed with us to retire from all the country which -you and we hold between Canada and Mexico, and never more -to return to it. And remember the words I now speak to you, -my children, they are never to return again. We are now your -fathers; and you shall not lose by the change. As soon as Spain -had agreed to withdraw from all the waters of the Missouri and -Mississippi, I felt the desire of becoming acquainted with all my -red children beyond the Mississippi, and of uniting them with -us as we have those on this side of that river, in the bonds of -peace and friendship. I wished to learn what we could do to -benefit them by furnishing them the necessaries they want in -exchange for their furs and peltries. I therefore sent our beloved -man, Captain Lewis, one of my own family, to go up the -Missouri river to get acquainted with all the Indian nations in its -neighborhood, to take them by the hand, deliver my talks to them, -and to inform us in what way we could be useful to them. Your -nation received him kindly, you have taken him by the hand and -been friendly to him. My children, I thank you for the services -you rendered him, and for your attention to his words. He will -now tell us where we should establish trading houses to be convenient -to you all, and what we must send to them. - -My friends and children, I have now an important advice to -give you. I have already told you that you and all the red men -are my children, and I wish you to live in peace and friendship -with one another as brethren of the same family ought to -do. How much better is it for neighbors to help than to -hurt one another; how much happier must it make them. If you -will cease to make war on one another, if you will live in friendship -with all mankind, you can employ all your time in providing -food and clothing for yourselves and your families. Your men -will not be destroyed in war, and your women and children will -lie down to sleep in their cabins without fear of being surprised -by their enemies and killed or carried away. Your numbers will -be increased instead of diminishing, and you will live in plenty -and in quiet. My children, I have given this advice to all your -red brethren on this side of the Mississippi; they are following -it, they are increasing in their numbers, are learning to clothe and -provide for their families as we do. Remember then my advice, -my children, carry it home to your people, and tell them that -from the day that they have become all of the same family, from -the day that we became father to them all, we wish, as a true -father should do, that we may all live together as one household, -and that before they strike one another, they should go to their -father and let him endeavor to make up the quarrel. - -My children, you are come from the other side of our great -island, from where the sun sets, to see your new friends at the -sun rising. You have now arrived where the waters are constantly -rising and falling every day, but you are still distant from -the sea. I very much desire that you should not stop here, but -go and see your brethren as far as the edge of the great water. -I am persuaded you have so far seen that every man by the way -has received you as his brothers, and has been ready to do you -all the kindness in his power. You will see the same thing quite -to the sea shore; and I wish you, therefore, to go and visit our -great cities in that quarter, and see how many friends and brothers -you have here. You will then have travelled a long line -from west to east, and if you had time to go from north to south, -from Canada to Florida, you would find it as long in that direction, -and all the people as sincerely your friends. I wish you, -my children, to see all you can, and to tell your people all you -see; because I am sure the more they know of us, the more -they will be our hearty friends. I invite you, therefore, to pay -a visit to Baltimore, Philadelphia, New York, and the cities still -beyond that, if you are willing to go further. We will provide -carriages to convey you and a person to go with you to see that -you want for nothing. By the time you come back the snows -will be melted on the mountains, the ice in the rivers broken up, -and you will be wishing to set out on your return home. - -My children, I have long desired to see you; I have now -opened my heart to you, let my words sink into your hearts and -never be forgotten. If ever lying people or bad spirits should -raise up clouds between us, call to mind what I have said, and -what you have seen yourselves. Be sure there are some lying -spirits between us; let us come together as friends and explain -to each other what is misrepresented or misunderstood, the clouds -will fly away like morning fog, and the sun of friendship appear -and shine forever bright and clear between us. - -My children, it may happen that while you are here occasion -may arise to talk about many things which I do not now particularly -mention. The Secretary at War will always be ready to -talk with you, and you are to consider whatever he says as said by -myself. He will also take care of you and see that you are furnished -with all comforts here. - - -XI. - - WASHINGTON, December 31, 1806. - -_To the Chiefs of the Osage nation_:-- - -_My Children, Chiefs of the Osage nation_,--I welcome you -sincerely to the seat of the government of the United States. -The journey you have taken is long and fatiguing, and proved -your desire to become acquainted with your new brothers of this -country. I thank the master of life, who has preserved you by -the way and brought you safely here. I hope you have found -yourselves, through the whole journey, among brothers and -friends, who have used you kindly, and convinced you they -wish to live always in peace and harmony with you. - -My children, your forefathers have doubtless handed it down -to you that in ancient times the French were the fathers of all -the red men in the country called Louisiana, that is to say, all -the country on the Mississippi and on all its western waters. In -the days of your fathers France ceded that country to the Spaniards -and they became your fathers; but six years ago they restored -it to France and France ceded it to us, and we are now -become your fathers and brothers; and be assured you will have -no cause to regret the change. It is so long since our forefathers -came from beyond the great water, that we have lost the -memory of it, and seem to have grown out of this land as you -have done. Never more will you have occasion to change your -fathers. We are all now of one family, born in the same land, -and bound to live as brothers, and to have nothing more to do -with the strangers who live beyond the great water. The Great -Spirit has given you strength and has given us strength, not that -we should hurt one another, but to do each other all the good -in our power. Our dwellings indeed are very far apart, but not -too far to carry on commerce and useful intercourse. You have -furs and peltries which we want, and we have clothes and other -useful things which you want. Let us employ ourselves, then, -in making exchanges of these articles useful to both. In order -to prepare ourselves for this commerce with our new children, -we have found it necessary to send some of our trusty men up -the different rivers of Louisiana, to see what nations live upon -them, what number of peltries they can furnish, what quantities -and kinds of merchandize they want, and where are the places -most convenient to establish trading houses with them. With -this view we sent a party to the head of the Missouri and the -great water beyond that, who are just returned. We sent another -party up the Red river, and we propose, the ensuing spring, to -send one up the Arkansas as far as its head. This party will -consist, like the others, of between twenty and thirty persons. -I shall instruct them to call and see you at your towns, to talk -with my son the Big Track, who, as well as yourselves and your -people, will I hope receive them kindly, protect them and give -them all the information they can as to the people on the same -river above you. When they return they will be able to tell us -how we can best establish a trade with you, and how otherwise -we can be useful to them. - -My children, I was sorry to learn that a difference had arisen -among the people of your nation, and that a part of them had -separated and removed to a great distance on the Arkansa. This -is a family quarrel with which I do not pretend to intermeddle. -Both parties are my children, and I wish equally well to both. -But it would give me great pleasure if they could again reunite, -because a nation, while it holds together, is strong against its -enemies, but, breaking into parts, it is easily destroyed. However -I hope you will at least make friends again, and cherish -peace and brotherly love with one another. If I can be useful -in restoring friendship between you, I shall do it with great -pleasure. It is my wish that all my red children live together -as one family, that when differences arise among them, their old -men should meet together and settle them with justice and in -peace. In this way your women and children will live in safety, -your nation will increase and be strong. - -As you have taken so long a journey to see your fathers, we -wish you not to return till you have visited our country and -towns towards the sea coast. This will be new and satisfactory -to you, and it will give you the same knowledge of the country -on this side of the Mississippi, which we are endeavoring to acquire -of that on the other side, by sending trusty persons to explore -them. We propose to do in your country only what we -are desirous you should do in ours. We will provide accommodations -for your journey, for your comfort while engaged in it, -and for your return in safety to your own country, carrying with -you those proofs of esteem with which we distinguish our -friends, and shall particularly distinguish you. On your return, -tell your chief, the Big Track, and all your people, that I take -them by the hand, that I become their father hereafter, that they -shall know our nation only as friends and benefactors, that we -have no views upon them but to carry on a commerce useful to -them and us, to keep them in peace with their neighbors, that -their children may multiply, may grow up and live to a good old -age, and their women no longer fear the tomahawk of any enemy. - -My children, these are my words, carry them to your nation, -keep them in your memories and our friendship in your hearts, -and may the Great Spirit look down upon us and cover us with -the mantle of his love. - - -XII. - - February 19, 1807. - -_To the Chiefs of the Shawanee Nation_:-- - -_My children, Chiefs of the Shawanee nation_,--I have listened -to the speeches of the Blackhoof, Blackbeard, and the other head -chiefs of the Shawanese, and have considered them well. As all -these speeches relate to the public affairs of your nation, I will -answer them together. - -You express a wish to have your lands laid off separately to -yourselves, that you may know what is your own, may have a -fixed place to live on, of which you may not be deprived after -you shall have built on it, and improved it; you would rather -that this should be towards Fort Wayne, and to include the three -reserves; you ask a strong writing from us, declaring your right, -and observe that the writing you had was taken from you by -the Delawares. - -After the close of our war with the English, we wished to establish -peace and friendship with our Indian neighbors also. In -order to do this, the first thing necessary was to fix a firm -boundary between them and us, that there might be no trespasses -across that by either party. Not knowing then what parts on -our border belonged to each Indian nation particularly, we -thought it safest to get all those in the north to join in one -treaty, and to settle a general boundary line between them and -us. We did not intermeddle as to the lines dividing them one -from another, because this was their concern, not ours. We -therefore met the chiefs of the Wyandots, Delawares, Shawanese, -Ottaways, Chippeways, Powtewatamies, Miamis, Eel-Rivers, -Weaks, Kickapoos, Pianteshaws, and Kaskaskies, at Greeneville, -and agreed on a general boundary which was to divide their -lands from those of the whites, making only some particular reserves, -for the establishment of trade and intercourse with them. -This treaty was eleven years ago, as Blackbeard has said. Since -that, some of them have thought it for their advantage to sell us -portions of their lands, which has changed the boundaries in -some parts; but their rights in the residue remain as they were, -and must always be settled among themselves. If the Shawanese -and Delawares, and their other neighbors, choose to settle the -boundaries between their respective tribes, and to have them -marked and recorded in our books, we will mark them as they -shall agree among themselves, and will give them strong writings -declaring the separate right of each. After which, we will protect -each tribe in its respective lands, as well as against other -tribes who might attempt to take them from them, as against our -own people. The writing which you say the Delawares took -from you, must have been the copy of the treaty of Greeneville. -We will give you another copy to be kept by your nation. - -With respect to the reserves, you know they were made for -the purpose of establishing convenient stations for trade and intercourse -with the tribes within whose boundaries they are. -And as circumstances shall render it expedient to make these -establishments, it is for your interest, as well as ours, that the -possession of these stations should enable us to make them. - -You complain that Blue-jacket, and a part of your people at -Greeneville, cheat you in the distribution of your annuity, and -take more of it than their just share. It will be difficult to remedy -this evil while your nation is living in different settlements. -We will, however, direct our agent to enquire, and inform us -what are your numbers in each of your settlements, and will -then divide the annuities between the settlements justly, according -to their numbers. And if we can be of any service in bringing -you all together into one place, we will willingly assist you -for that purpose. Perhaps your visit to the settlement of your -people on the Mississippi under the Flute may assist towards -gathering them all into one place from which they may never -again remove. - -You say that you like our mode of living, that you wish to -live as we do, to raise a plenty of food for your children, and to -bring them up in good principles; that you adopt our mode of -living, and ourselves as your brothers. My children, I rejoice to -hear this; it is the wisest resolution you have ever formed, to -raise corn and domestic animals, by the culture of the earth, and -to let your women spin and weave clothes for you all, instead -of depending for these on hunting. Be assured that half the -labor and hardships you go through to provide your families by -hunting, with food and clothing, if employed in a farm would -feed and clothe them better. When the white people first came -to this land, they were few, and you were many: now we are -many, and you few; and why? because, by cultivating the -earth, we produce plenty to raise our children, while yours, -during a part of every year, suffer for want of food, are forced to -eat unwholesome things, are exposed to the weather in your -hunting camps, get diseases and die. Hence it is that your -numbers lessen. - -You ask for instruction in our manner of living, for carpenters -and blacksmiths. My children, you shall have them. We will -do everything in our power to teach you to take care of your -wives and children, that you may multiply and be strong. We -are sincerely your friends and brothers, we are as unwilling to -see your blood spilt in war, as our own. Therefore, we encourage -you to live in peace with all nations, that your women and -children may live without danger, and without fear. The greatest -honor of a man is in doing good to his fellow men, not in -destroying them. We have placed Mr. Kirk among you, who -will have other persons under him to teach you how to manage -farms, and to make clothes for yourselves; and we expect you -will put some of your young people to work with the carpenters -and smiths we place among you, that they may learn the trades. -In this way only can you have a number of tradesmen sufficient -for all your people. - -You wish me to name to you the person authorized to speak -to you in our name, that you may know whom to believe, and -not be deceived by impostors. My children, Governor Harrison -is the person we authorize to talk to you in our name. You -may depend on his advice, and that it comes from us. He stands -between you and us, to convey with truth whatever either of us -wishes to say to the other. - -My children, I wish you a safe return to your friends and -families, that you may retain your resolution of learning to live -in our way, that it may give health and comfort to your families, -and add members to your nation. In me you will always -find a sincere and true friend. - - -XIII. - - WASHINGTON, February 27, 1808. - -_To Kitchao Geboway_:-- - -_My son Kitchao Geboway_,--I have received the speech which -you sent me through General Gansevoort from Albany on the 13th -of this month, and now return you my answer. It would have -given me great pleasure to have been able to converse with and -understand you, when you visited me at Washington; but the -want of an interpreter rendered that impossible. - -My son, tell your nation, the Chippewas, that I take them by -the hand, and consider them as a part of the great family of the -United States, which extends to the great Lakes and the Lake -of the Woods, northwardly, and from the rising to the setting -sun; that the United States wish to live in peace with them, to -consider them as a part of themselves, to establish a commerce -with them, as advantageous to the Chippewas as they can make -it, and in all cases to render them every service in our power. -We shall never ask them to enter into our quarrels, nor to spill -their blood in fighting our enemies. My son, in visiting this -quarter of the United States, you have seen a part of our country, -and some of our people from East to West. If you had travelled -also from North to South, you would have seen it the -same. You see that we are as numerous as the leaves of the -trees, that we are strong enough to fight our own battles, and -too strong to fear any enemy. When, therefore, we wish you -to live in peace with all people, red and white, we wish it because -it is for your good, and because it is our desire that your -women and children shall live in safety, not fearing the tomahawk -of any enemy, that they may learn to raise food enough -to support their families, and that your nation may multiply and -be strong. If any white men advise you to go to war for them, -it is a proof they are too weak to defend themselves, that they -are in truth your enemies, wishing to sacrifice you to save themselves; -and when they shall be driven away, my son, what is to -become of the red men who may join in their battles? Take -the advice then of a father, and meddle not in the quarrels of -the white people, should any war take place between them; but -stay at home in peace, taking care of your wives and children. -In that case not a hair of your heads shall be touched. Never -will we do you an injury unprovoked, or disturb you in your -towns or lands by any violence. - -My son, I confirm everything which your father, Governor -Hall, said to you at Detroit on my part: and in all your difficulties -and dangers apply to him, and take his advice. If some -of your principal chiefs will pay me a visit at Washington, I -shall be very happy to receive them, to smoke the pipe of friendship -with them, to take them by the hand and never to let go -their friendship. They shall see that I want nothing from them -but their good will, and to do them all the good in my power. - -My son, the Secretary at War will comply with your request -in giving you a chief's coat with epaulettes, and a stand of the -colors of the United States, to plant in your town, to let all the -world see that you are a part of the family of the United States. - -My son, I wish you a pleasant journey, and a safe return to -your family and friends. - - -XIV. - - WASHINGTON, April 22, 1808. - -_To the Chiefs of the Ottawas, Chippewas, Powtewattamies, Wyandots, -and Senecas of Sandusky_:-- - -_My Children_,--I received your message of July last, and I am -glad of the opportunity it gives me of explaining to you the sentiments -of the government of the United States towards you. - -Many among you must remember the time when we were -governed by the British nation, and the war by which we separated -ourselves from them. Your old men must remember also -that while we were under that government we were constantly -kept at war with the red men our neighbors. Many of these -took side in the English war against us; so that after we had -made peace with the English, ill blood remained between us for -some time; and it was not till the treaty of Greeneville that we -could come to a solid peace and perfect good understanding with -all our Indian neighbors. This being once done and fixed lines -drawn between them and us, laying off their lands to themselves, -and ours to ourselves, so that each might know their own, and -nothing disturb our future peace, we have from that moment, -my children, looked upon you heartily as our brothers, and as a -part of ourselves. We saw that your game was becoming too -scarce to support you, and that unless we could persuade you to -cultivate the earth, to raise the tame animals, and to spin and -weave clothes for yourselves as we do, you would disappear from -the earth. To encourage you, therefore, to save yourselves has -been our constant object; and we have hoped that the day would -come when every man among you would have his own farm -laid off to himself as we have, would maintain his family by -labor as we do, and would make one people with us. But in all -these things you have been free to do as you please; your lands -are your own; your right to them shall never be violated by us; -they are yours to keep or to sell as you please. Whenever you -find it your interest to dispose of a part to enable you to improve -the rest, and to support your families in the meantime, we are -willing to buy, because our people increase fast. When a want -of land in a particular place induces us to ask you to sell, still -you are always free to say "No," and it will never disturb our -friendship for you. We will never be angry with others for -exercising their own rights according to what they think their -own interests. You say you were told at Swan's Creek, that if -you would not let us have lands, we should be angry with you, -and would force you. Those, my children, who told you so, -said what was false, and what never had been said or thought -of by us. We never meant to control your free will; we never -will do it. I will explain to you the ground of our late application -to you for lands. You know that the posts of Detroit and -Macinac have very little lands belonging to them. It is for -your interest as well as ours that these posts should be maintained -for the purposes of our trade with one another. We were -desirous therefore to purchase as much land around them as -would enable us to have sufficient settlements there to support -the posts; and that this might be so laid off as to join with our -possessions on Lake Erie. But we expressly instructed our beloved -man, Governor Hall, not to press you beyond your own convenience, -nor to buy more than you would spare with good will. -He accordingly left you to your own inclinations, using no -threats whatever, as you tell me in your message. You agreed -to let us have a part of what we wished to buy. We are contented -with it my children. We find no fault with you for -what you did not do, but thank you for what you did. - -You complain, my children, that your annuities are not regularly -paid, that the goods delivered you are often bad in kind, that -they sometimes arrive damaged, and are dear, and that you would -rather receive them in money. You shall have them in money. -We had no interest in laying out your money in goods for you. - -It cost us considerable trouble in the purchase and transportation, -and as we could not be everywhere with them to take care -of them ourselves, we could not prevent their being injured sometimes -by accident, sometimes by carelessness. To pay money -therefore, is more convenient to us, and as it will please you better, -it shall be done. - -I am now, my children, to address you on a very serious subject, -one which greatly concerns your happiness. Open your -ears, therefore, let my words sink deeply into your bosoms, and -never forget them. For be assured that I will not, and that I -will fulfil them to their uttermost import. We have for sometime -had a misunderstanding with the English, and we do not -yet know whether it will end in peace or in war. But in either -case, my children, do you remain quiet at home, taking no part -in these quarrels. We do not wish you to shed your blood in -our battles. We are able to fight them ourselves. And if others -press you to take part against us, it is because they are weak, -not able to protect themselves nor you. Consider well then -what you do. Since we have freed ourselves from the English -government, and made our peace with our Indian neighbors, we -have cultivated that peace with sincerity and affection. We -have done them such favors as were in our power, and promoted -their interest and peace wherever we could. We consider them -now as a part of ourselves, and we look to their welfare as our -own. But if there be among you any nation whom no benefits -can attach, no good offices on our part can convert into faithful -friends, if relinquishing their permanent connection with us for -the fugitive presents or promises of others, they shall prefer our -enmity to our friendship, and engage in war against us, that nation -must abandon forever the land of their fathers. No nation -rejecting our friendship, and commencing wanton and unprovoked -war against us, shall ever after remain within our reach; -it shall never be in their power to strike us a second time. These -words, my children, may appear harsh; but they are spoken in -kindness; they are intended to warn you beforehand of the ruin -into which those will rush, who shall once break the chain of -friendship with us. You know they are not spoken from fear. -We fear no nation. We love yours. We wish you to live forever -in peace with all men, and in brotherly affection with us; -to be with us as one family; to take care of your women and -children, feed and clothe them well, multiply and be strong with -your friends and your enemies. - -My children, I salute you with fatherly concern for your welfare. - - -XV. - - May 4, 1808. - -_To the Chiefs of the Upper Cherokees_:-- - -_My Children, Chiefs of the Upper Cherokees_,--I am glad -to see you at the seat of government, to take you by the hand, -and to assure you in person of the friendship of the United -States towards all their red children, and of their desire to extend, -to them all, their protection of good offices. The journey -you have come is a long one, and the object expressed in -our conference of the other day is important. I have listened -to it with attention, and given it the consideration it deserves. -You complain that you do not receive your just proportion of the -annuities we pay your nation; that the chiefs of the lower towns -take for them more than their share. My children, this distribution -is made by the authority of the Cherokee nation, and according -to their own rules over which we have no control. We -do our duty in delivering the annuities to the head men of the -nation, and we pretend to no authority over them, to no right of -directing how they are to be distributed. But we will instruct -our agent, Colonel Meigs, to exhort the chiefs to do justice to all -the parts of their nation in the distribution of these annuities, -and to endeavor that every town shall have its due share. We -would willingly pay these annuities in money, which could be -more equally divided, if the nation would prefer that, and if we -can be assured that the money will not be laid out in strong -drink instead of necessaries for your wives and children. We -wish to do whatever will best secure your people from suffering -for want of clothes or food. It is these wants which bring -sickness and death into your families, and prevent you from multiplying -as we do. In answer to your question relating to the -lands we have purchased from your nation at different times, I -inform you that the payments have for the most part been made -in money, which has been left, as the annuities are, to the discharge -of your debts, and to distribute according to the rules of -the nation. - -You propose, my children, that your nation shall be divided -into two, and that your part, the upper Cherokees, shall be separated -from the lower by a fixed boundary, shall be placed under -the government of the United States, become citizens thereof, -and be ruled by our laws; in fine, to be our brothers instead of -our children. My children, I shall rejoice to see the day when -the red men, our neighbors, become truly one people with us, -enjoying all the rights and privileges we do, and living in peace -and plenty as we do, without any one to make them afraid, to -injure their persons, or to take their property without being punished -for it according to fixed laws. But are you prepared for -this? Have you the resolution to leave off hunting for your living, -to lay off a farm for each family to itself, to live by industry, -the men working that farm with their hands, raising stock, -or learning trades as we do, and the women spinning and weaving -clothes for their husbands and children? All this is necessary -before our laws can suit you or be of any use to you. However, -let your people take this matter into consideration. If they -think themselves prepared for becoming citizens of the United -States, for living in subjection to laws and under their protection -as we do, let them consult the lower towns, come with them to -an agreement of separation by a fixed boundary, and send to this -place a few of the chiefs they have most confidence in, with -powers to arrange with us regulations concerning the protection -of their persons, punishment of crimes, assigning to each family -their separate farms, directing how these shall go to the family -as they die one after another, in what manner they shall be -governed, and all other particulars necessary for their happiness -in their new condition. On our part I will ask the assistance of -our great council, the Congress, whose authority is necessary to -give validity to these arrangements, and who wish nothing more -sincerely than to render your condition secure and happy. -Should the principal part of your people determine to adopt this -alteration, and a smaller part still choose to continue the hunter's -life, it may facilitate the settlement among yourselves to be told -that we will give to those leave to go, if they choose it, and settle -on our lands beyond the Mississippi, where some Cherokees -are already settled, and where game is plenty, and we will take -measures for establishing a store there among them, where they -may obtain necessaries in exchange for their peltries, and we -will still continue to be their friends there as much as here. - -My children, carry these words to your people, advise with -Colonel Meigs in your proceedings, ask him to inform me from -time to time how you go on, and I will further advise you in what -may be necessary. Tell your people I take them all by the -hand; that I leave them free to do as they choose, and that whatever -choice they make, I will still be their friend and father. - - -XVI. - - May 5, 1808. - -_To Colonel Louis Cook and Jacob Francis of the St. Regis Indians_:-- - -_My Children_,--I take you by the hand, and all the people of -St. Regis within the limits of the United States, and I desire to -speak to them through you. A great misunderstanding has taken -place between the English and the United States, and although -we desire to live in peace with all the world and unmolested, yet -it is not quite certain whether this difference will end in peace or -war. Should war take place, do you, my children, remain at home -in peace, taking care of your wives and children. You have no -concern in our quarrel, take therefore no part in it. We do not -wish you to spill your blood in our battles. We can fight them -ourselves. Say the same to your red brethren everywhere, let -them remain neutral and quiet, and we will never disturb them. -Should the English insist on their taking up the hatchet against -us, if they choose rather to break up their settlements and come -over to live in peace with us, we will find other settlements for -them, and they shall become our children. The red nations -who shall remain in peace with the United States, shall forever -find them true friends and fathers. Those who commence -against them an unprovoked war, must expect their lasting enmity. - -My children, I wish you well, and a safe return to your own -country. - - -XVII. - - WASHINGTON, December 2, 1808. - -_To the Delaware Chief, Captain Armstrong_:-- - -I have received your letter of October 20th, wherein you -express a wish to obtain a deed for the thirteen sections of lands -reserved for the Delawares in the State of Ohio, by an act of -Congress. I accordingly now send you an authentic deed designating -the thirteen sections, and signed by the Secretary of -the Treasury, who was authorized for this purpose by the act of -Congress. Under this you are free to settle on the lands when -you please, and to occupy them according to your own rules. -You cannot, indeed, sell them to the white citizens of the United -States. Knowing how liable you would be to be cheated and -deceived, were we to permit our citizens to purchase your lands, -our government acting as your friends and patrons, and desirous -of guarding your interests against the frauds that would surround -you, does not permit white persons to purchase your lands from -you. In every other way they are yours, free to be used as you -please; and their possession will be protected and guaranteed to -you by the United States. I salute you and my children, the -Delawares, with friendship. - - -XVIII. - - December 21, 1808. - -_To the Miamis, Powtewatamies, Delawares and Chippeways._ - -_My Children_:--Some of you are old enough to remember, -and the youngest have heard from their fathers, that the country -was formerly governed by the English. While they governed -it there were constant wars between the white and the red people. -To such a height was the hatred of both parties carried -that they thought it no crime to kill one another in cold blood -whenever they had an opportunity. This spirit led many of -the Indians to take side against us in the war; and at the close -of it the English made peace for themselves, and left the Indians -to get out of it as well as they could. It was not till twelve -years after that we were able by the treaty of Greeneville to close -our wars with all our red neighbors. From that moment, my -children, the policy of this country towards you has been entirely -changed. General Washington, our first President, began a line -of just and friendly conduct towards you. Mr. Adams, the -second, continued it; and from the moment I came into the administration -I have looked upon you with the same good will as -my own fellow citizens, have considered your interests as our -interests, and peace and friendship as a blessing to us all. Seeing -with sincere regret that your people were wasting away, believing -that this proceeded from your frequent wars, and the -destructive use of spirituous liquors, and scanty supplies of food, -I have inculcated peace with all your neighbors, have endeavored -to prevent the introduction of spirituous liquors among you, and -pressed on you to rely for food on the culture of the earth more than -on hunting. On the contrary, my children, the English persuade -you to hunt, they supply you with spirituous liquors, and are now -endeavoring to engage you to join them in the war against us, -should a war take place. You possess reason, my children, as we -do, and you will judge for yourselves which of us advise you as -friends. The course they advise has worn you down to your present -numbers, but temperance, peace and agriculture will raise you -up to be what your forefathers were, will prepare you to possess -property, to wish to live under regular laws, to join us in our -government, to mix with us in society, and your blood and ours -united will spread again over the great island. - -My children, this is the last time I shall speak to you as your -father, it is the last counsel I shall give. I am now too old to -watch over the extensive concerns of the seventeen States and -their territories. I have, therefore, requested my fellow citizens -to permit me to retire, to live with my family and to choose -another chief and another father for you, and in a short time I -shall retire and resign into his hands the care of your and our -concerns. Be assured, my children, that he will have the same -friendly disposition towards you which I have had, and that you -will find in him a true and affectionate father. Entertain, therefore, -no uneasiness on account of this change, for there will be -no change as to you. Indeed, my children, this is now the disposition -towards you of all our people. They look upon you as -brethren, born in the same land, and having the same interests. -In your journey to this place you have seen many of them. I -am certain they have received you as brothers and been ready to -show you every kindness. You will see the same on the road -by which you will return; and were you to pass from north to -south, or east to west in any part of the United States, you would -find yourselves always among friends. Tell this, therefore, to -your people on your return home, assure them that no change -will ever take place in our dispositions towards them; deliver to -them my adieux and my prayers to the Great Spirit for their happiness, -tell them that during my administration I have held their -hand fast in mine, that I will put it into the hand of their new -father, who will hold it as I have done. - - -XIX. - -_To Little Turtle, Chief of the Miamis_:-- - -_My Son_,--It is always with pleasure that I receive you here -and take you by the hand, and that to the assurances of friendship -to your nation I can add those of my personal respect and -esteem for you. Our confidence in your friendship has been the -stronger, as your enlarged understanding could not fail to see the -advantages resulting to your nation as well as to us from a mutual -good understanding. We ask nothing from them but their -peace and good will, and it is a sincere solicitude for their welfare -which has induced us, from time to time, to warn them of -the decay of their nation by continuing to rely on the chase for -food, after the deer and buffalo are become too scanty to subsist -them, and to press them before they are reduced too low, to begin -the culture of the earth and the raising of domestic animals. -A little of their land in corn and cattle will feed them much better -than the whole of it in deer and buffalo, in their present -scarce state, and they will be scarcer every year. I have, therefore, -always believed it an act of friendship to our red brethren -whenever they wished to sell a portion of their lands, to be ready -to buy whether we wanted them or not, because the price enables -them to improve the lands they retain, and turning their industry -from hunting to agriculture, the same exertions will support -them more plentifully. - -You inform me, my son, that your nation claims all the land -on the Wabash and the Miami of the Lake and their waters, and -that a small portion of that which was sold to us by the Ottaways, -Wyandots, and other tribes of Michigan belonged to you. -My son, it is difficult for us to know the exact boundaries which -divide the lands of the several Indian tribes, and indeed it appears -often that they do not know themselves, or cannot agree -about them. I have long thought it desirable that they should -settle their boundaries with one another, and let them be written -on paper and preserved by them and by us, to prevent disputes -among themselves. The tribes who made that sale certainly -claim the lands on both sides of the Miami, some distance up -from the mouth, as they have since granted us two roads from -the rapids to the Miami, the one eastwardly to the line of the -treaty of Fort Industry, and the other south eastwardly to the -line of the treaty of Greeneville. I observe, moreover, that in -the late conveyance of lands on the White River branch of the -Wabash, to the Delawares, the Powtewatamies join you in the -conveyance, which is an acknowledgment that all the lands on -the waters of the Wabash do not belong to the Miamis alone. -If, however, the Ottaways and others who sold to us had no -right themselves, they could convey none to us, and we acknowledge -we cannot acquire lands by buying them of those who have -no title themselves. This question cannot be determined here, -where we have no means of inquiring from those who have -knowledge of the facts. We will instruct Governor Hull to collect -the evidence from both parties, and from others, and to report -it to us. And if it shall appear that the lands belonged to -you and not to those who sold them, be assured we will do you -full justice. We ask your friendship and confidence no longer -than we shall merit it by our justice. On this subject, therefore, -my son, your mind may be tranquil. You have an opportunity -of producing before Governor Hull all the evidences of your -right, and they shall be fairly weighed against the opposite -claims. - -My son, I salute your nation with constant friendship, and assure -you of my particular esteem. - - -XX. - -_To Manchol, the great War Chief of the Powtewatamies_:-- - -_My Son_,--I am happy to receive you at the seat of Government -of the United States, to take you and your nation by the -hand, and to welcome you to this place. It has long been my -desire to see the distinguished men of the Powtewatamies, and -to give them the same assurances of friendship and good will -which I have given to all my other red children. I wish to see -them living in plenty and prosperity, beginning to cultivate the -earth and raise domestic animals for their comfortable subsistence. -In this way they will raise up young people in abundance -to succeed to the old, and to keep their nation strong. For this -reason I recommend to them to live in peace with all men, and -not, by destroying one another, to make the whole race of red -men disappear from the land. - -You say, my son, that you have engaged in a war with the -Osages, and that the war club is now in your hand for that purpose; -but you do not tell me for what cause you are waging -war with the Osages. I have never heard that they have crossed -the Mississippi and attacked your villages, killed your women -and children, or destroyed the game on your lands. What is the -injury then which they have done you and for which you wish -to cross the Mississippi and to destroy them? If they have done -you no wrong, have you a right to make war upon innocent and -unoffending people? Be assured that the Great Spirit will not -approve of this,--He did not make men strong that they might -destroy all other men. If your young people think that in this -way they will acquire honor as great warriors, they are mistaken. -Nobody can acquire honor by doing what is wrong. - -You say, my son, that it is not the wish of my red children -to meddle in the wars between the whites, nor that we should -meddle in the wars among our red children. If your wars in no -wise affect our rights, or our relations with those on whom you -make war, we do not meddle with them but by way of advice, -as your father and friend submitting it to your own consideration. -But my son, your war parties cannot pass from your towns to -the country of the Osages, nor can the Osages come to revenge -themselves on your towns without traversing extensively a country -which is ours. They must cross the Mississippi which is -always covered with our boats, our people and property. All -the produce of the western parts of Pennsylvania, Virginia, Kentucky, -Ohio, Indiana, Tennessee, and Louisiana, goes down the -river Mississippi to New Orleans. It cannot be indifferent to us -that this should be exposed to danger from unruly young men -going to war. Our interests require that the Mississippi shall -be a river of peace, not to be crossed by men seeking to shed -blood. We have a right then to say that no war parties shall -cross our river or our country without our consent. The Sacs -and Foxes, besides the country from the Illinois to the Wisconsin -on the east side of the Mississippi, ceded to us the country -on the west side of the Mississippi, between that river and -the Missouri, for about one hundred miles up each. The Osages -have ceded to us all the country from the south side of the Missouri -to the Arkansas, more than two hundred miles up each -river. Surely, my son, we are justifiable in so far meddling -with your wars as to say that, in carrying them on neither the -Osages nor you must cross that country which is ours, to get at -one another, and in doing so to endanger our people and our -property, and to stain our land with blood; and friendship requires -that we should give you this warning. - -My son, I wish you to consider this subject maturely, and to -tell your nation that I request them to consider it also. I am -ready to do them every favor in my power, and to give them -every aid, but not aids to carry war across our territory. Do -not suppose that in refusing this I am not your friend. If I were -your enemy, what could I do better than to encourage you in -tomahawking one another till not a man should be left. Neither -must you suppose this to proceed from partiality to the Osages. -You are nearer to me than the Osages, and on that account I -should be more ready to do you good offices. But my desire to -keep you in peace arises from my sincere wish to see you happy -and prosperous, increasing in numbers, supplying your families -plentifully with food and clothing, and relieving them from the -constant chance of being destroyed by their enemies. - -My son, the Secretary at War will give to you those tokens of -our good will by which we manifest our friendship to the distinguished -men among our red children who visit us. Be assured -that I shall set a great value on your friendship; and convey -for me to your nation assurances that I wish nothing more -than their welfare. You shall return by the way of Baltimore -and Philadelphia as you desire. I wish you to see as many of -your brothers of the United States as you can. You will find -them all to be your friends, and that they will receive you hospitably. - - -XXI. - - December 21, 1808. - -_To Beaver, the head warrior of the Delawares_:-- - -_My Son_,--I am glad to see you here to take you by the hand. -I am the friend of your nation, and sincerely wish them well. -I shall now speak to them as their friend, and advise them for -their good. - -I have read your speech to the Secretary at War, and considered -it maturely. You therein say that after the conclusion -of the treaty of Greenville, the Wapanakies and other tribes of -Indians mutually agreed to maintain peace among themselves -and with the United States. This, my son, was wise, and I -entirely approve of it. And I equally commend you for what -you further say, that yours and the other tribes have constantly -maintained the articles of peace with us, and have ceased to -listen to bad advice. I hope, my son, that you will continue in -this good line of conduct, and I assure you the United States -will forever religiously observe the treaty on their part, not only -because they have agreed to it, but because they esteem you; -they wish you well, and would endeavor to promote your welfare -even if there were no treaty; and rejoicing that you have -ceased to listen to bad advice, they hope you will listen to that -which is good. - -My son, you say that the Osage nation has refused to be at -peace with your nation or any others; that they have refused -the offers of peace, and extended their aggressions to all people. -This is all new to me. I never heard of an Osage coming to -war on this side of the Mississippi. Have they attacked your -towns, killed your people, or destroyed your game? Tell me in -what year they did this? or what is the aggression they have -committed on yours and the other tribes on this side the Mississippi? -But if they have defended themselves and their country, -when your tribes have gone over to destroy them, they have -only done what brave men ought to do, and what just men -ought never to have forced them to do. Your having committed -one wrong on them gives you no right to commit a second; and -be assured, my son, that the Almighty Spirit which is above will -not look down with indifference on your going to war against -his children on the other side the Mississippi, who have never -come to attack you. He is their father as well as your father, -and He did not make the Osages to be destroyed by you. I tell -you that if you make war unjustly on the Osages, He will punish -your nation for it. He will send upon your nation famine, sickness, -or the tomahawk of a stronger nation, who will cut you off -from the land. Consider this thing well, then, before it is too -late, and before you strike. His hand is uplifted over your -heads, and His stroke will follow yours. My son, I tell you -these things because I wish your nation well. I wish them to -become a peaceable, prosperous, and happy nation; and if this -war against the Osages concerned yourselves alone, I would confine -myself to giving you advice, and leave it to yourselves to -profit by it. But this war deeply concerns the United States. -Between you and the Osages is a country of many hundred -miles extent belonging to the United States. Between you also -is the Mississippi, the river of peace. On this river are floating -the boats, the people, and all the produce of the western States -of the Union. This commerce must not be exposed to the -alarm of war parties crossing the river, nor must a path of blood -be made across our country. What we say to you, my son, we -say also to the Osages. We tell them that armed bands of warriors, -entering on the lands or waters of the United States without -our consent, are the enemies of the United States. If, therefore, -considerations of your own welfare are not sufficient to restrain -you from this unauthorized war, let me warn you on the -part of the United States to respect their rights, not to violate -their territory. - -You request, my son, to be informed of our warfares, that you -may be enabled to inform your nation on your return. We are -yet at peace, and shall continue so, if the injustice of the other -nations will permit us. The war beyond the water is universal. -We wish to keep it out of our island. But should we go to war, -we wish our red children to take no part in it. We are able to -fight our own battles, and we know that our red children cannot -afford to spill their blood in our quarrels. Therefore, we do not -ask it, but wish them to remain home in quiet, taking care of -themselves and their families. - -You complain that the white people in your neighborhood -have stolen a number of your horses. My son, the Secretary of -War will take measures for inquiring into the truth of this, and -if it so appears, justice shall be done you. - -The two swords which you ask shall be given to you; and -we shall be happy to give you every other proof that we esteem -you personally, my son, and shall always be ready to do anything -which may advance your comfort and happiness. I hope -you will deliver to your nation the words I have spoken to you, -and assure them that in everything which can promote their -welfare and prosperity they shall ever find me their true and -faithful friend and father, that I hold them fast by the hand of -friendship, which I hope they will not force me to let go. - - -XXII. - -_To Captain Hendrick, the Delawares, Mohiccons, and Munries_:-- - -_My Son and my Children_,--I am glad to see you here to receive -your salutations, and to return them by taking you by the -hand, and renewing to you the assurances of my friendship. I -learn with pleasure that the Miamis and Powtawatamies have -given you some of their lands on the White River to live on, -and that you propose to gather there your scattered tribes, and -to dwell on it all your days. - -The picture which you have drawn, my son, of the increase -of our numbers and the decrease of yours is just, the causes are -very plain, and the remedy depends on yourselves alone. You -have lived by hunting the deer and buffalo--all these have been -driven westward; you have sold out on the sea-board and moved -westwardly in pursuit of them. As they became scarce there, -your food has failed you; you have been a part of every year -without food, except the roots and other unwholesome things you -could find in the forest. Scanty and unwholesome food produce -diseases and death among your children, and hence you have -raised few and your numbers have decreased. Frequent wars, -too, and the abuse of spirituous liquors, have assisted in lessening -your numbers. The whites, on the other hand, are in the habit -of cultivating the earth, of raising stocks of cattle, hogs, and -other domestic animals, in much greater numbers than they could -kill of deer and buffalo. Having always a plenty of food and -clothing they raise abundance of children, they double their -numbers every twenty years, the new swarms are continually -advancing upon the country like flocks of pigeons, and so they -will continue to do. Now, my children, if we wanted to diminish -our numbers, we would give up the culture of the earth, pursue -the deer and buffalo, and be always at war; this would soon -reduce us to be as few as you are, and if you wish to increase -your numbers you must give up the deer and buffalo, live in -peace, and cultivate the earth. You see then, my children, that -it depends on yourselves alone to become a numerous and great -people. Let me entreat you, therefore, on the lands now given -you to begin to give every man a farm; let him enclose it, cultivate -it, build a warm house on it, and when he dies, let it belong -to his wife and children after him. Nothing is so easy as -to learn to cultivate the earth; all your women understand it, -and to make it easier, we are always ready to teach you how to -make ploughs, hoes, and necessary utensils. If the men will -take the labor of the earth from the women they will learn to -spin and weave and to clothe their families. In this way -you will also raise many children, you will double your numbers -every twenty years, and soon fill the land your friends have -given you, and your children will never be tempted to sell the -spot on which they have been born, raised, have labored and -called their own. When once you have property, you will want -laws and magistrates to protect your property and persons, and -to punish those among you who commit crimes. You will find -that our laws are good for this purpose; you will wish to live -under them, you will unite yourselves with us, join in our great -councils and form one people with us, and we shall all be Americans; -you will mix with us by marriage, your blood will run in -our veins, and will spread with us over this great island. Instead, -then, my children, of the gloomy prospect you have drawn -of your total disappearance from the face of the earth, which is -true, if you continue to hunt the deer and buffalo and go to war, -you see what a brilliant aspect is offered to your future history, -if you give up war and hunting. Adopt the culture of the earth -and raise domestic animals; you see how from a small family -you may become a great nation by adopting the course which -from the small beginning you describe has made us a great -nation. - -My children, I will give you a paper declaring your right to -hold, against all persons, the lands given you by the Miamis and -Powtewatamies, and that you never can sell them without their -consent. But I must tell you that if ever they and you agree to -sell, no paper which I can give you can prevent your doing what -you please with your own. The only way to prevent this is to -give to every one of your people a farm, which shall belong to -him and his family, and which the nation shall have no right to -take from them and sell; in this way alone can you ensure the -lands to your descendants through all generations, and that it -shall never be sold from under their feet. It is not the keeping -your lands which will keep your people alive on them after the -deer and buffalo shall have left them; it is the cultivating them -alone which can do that. The hundredth part in corn and cattle -will support you better than the whole in deer and buffalo. - -My son Hendrick, deliver these words to your people. I have -spoken to them plainly, that they may see what is before them, -and that it is in their own power to go on dwindling to nothing, -or to become again a great people. It is for this reason I wish -them to live in peace with all people, to teach their young men -to love agriculture, rather than war and hunting. Let these -words sink deep in their hearts, and let them often repeat them -and consider them. Tell them that I hold them fast by the -hand, and that I will ever be their friend to advise and to assist -them in following the true path to their future happiness. - - -XXIII. - -_To Kitchao Geboway_:-- - -_My Son_,--I am happy to receive your visit at the seat of our -government, and to repeat to you the assurances of my friendly -dispositions towards your nation. I am the more pleased to see -you again, as at your last visit we could not converse together -for want of an interpreter. This difficulty is now removed by -the presence of Mr. Ryley. I approve of your disposition, my -son, to live at peace with all the world. It is what we wish all -our red children to do, and to consider themselves as brethren of -the same family, and forming with us but one nation. The -Great Spirit did not make men that they might destroy one another, -but doing to each other all the good in their power, and -thus filling the land with happiness instead of misery and murder. -This is the way in which we wish all our red children to -live with one another, and with us; and this is what I wish you -to say to your nation from me, when you deliver to them what I -said to you the last winter. I am sorry you have not been able -to carry it to them; they would have seen by that, that you -came here as the friend of your own nation, and of all your red -brethren. My son, I take by the hand the young man, the son -of your friend, whom you brought with you. He is now young, -and I hope will live to be old, and through his life will be steadfast -in encouraging his nation to live in peace and friendship with -their white brethren of the United States. - -The Secretary at War will provide for your journey back, and -your father Governor Hull will be glad to see you on your way. -He will always give good advice to your nation in my name, and -will guide them in the paths of peace and friendship with all men. - - -XXIV. - - January 9, 1809. - -_To the Deputies of the Cherokee Upper Towns_:-- - -_My Children_,--I have maturely considered the speeches you -have delivered me, and will now give you answers to the several -matters they contain. - -You inform me of your anxious desires to engage in the industrious -pursuits of agriculture and civilized life. That finding -it impracticable to induce the nation at large to join in this, you -wish a line of separation to be established between the upper -and lower towns, so as to include all the waters of the Hiwassee -in your part, and that having thus contracted your society within -narrower limits, you propose within these to begin the establishment -of fixed laws and of regular government. You say that -the lower towns are satisfied with the division you propose; and -on these several matters you ask my advice and aid. - -With respect to the line of division between yourselves and -the lower towns, it must rest on the joint consent of both parties. -The one you propose seems moderate, reasonable, and -well defined. We are willing to recognize those on each side of -that line as distinct societies, and if our aid shall be necessary to -mark it more plainly than nature has done, you shall have it. I -think with you, that on this reduced scale it will be more easy -for you to introduce the regular administration of laws. - -In proceeding to the establishment of laws, you wish to adopt -them from ours, and such only for the present as suit your present -condition; chiefly, indeed, those for the punishment of -crimes, and the protection of property. But who is to determine -which of our laws suit your condition, and shall be in force -with you? All of you being equally free, no one has a right to -say what shall be law for the others. Our way is to put these -questions to the vote, and to consider that as law for which the -majority votes. The fool has as great a right to express his -opinion by vote as the wise, because he is equally free, and equally -master of himself. But as it would be inconvenient for all your -men to meet in one place, would it not be better for every town to -do as we do, that is to say, choose by the vote of the majority of -the town and of the country people nearer to that than to any -other town, one, two, three, or more, according to the size of the -town, of those whom each voter thinks the wisest and honestest -men of their place, and let these meet together and agree which -of our laws suit them. But these men know nothing of our -laws; how then can they know which to adopt. Let them associate -in their council our beloved man living with them, -Colonel Meigs, and he will tell them what our law is on any -point they desire. He will inform them, also, of our methods -of doing business in our councils, so as to preserve order, and to -obtain the vote of every member fairly. This council can make -a law for giving to every head of a family a separate parcel of -land, which, when he has built upon and improved, it shall belong -to him and his descendants forever, and which the nation -itself shall have no right to sell from under his feet; they will -determine, too, what punishment shall be inflicted for every -crime. In our States, generally, we punish murder only by -death, and all other crimes by solitary confinement in a prison. - -But when you shall have adopted laws, who are to execute -them? Perhaps it may be best to permit every town and the -settlers in its neighborhood attached to it, to select some of their -best men, by a majority of its votes, to be judges in all differences, -and to execute the law according to their own judgment. -Your council of representatives will decide on this or such other -mode as may best suit you. I suggest these things, my children, -for the consideration of the upper towns of your nation, to be decided -on as they think best; and I sincerely wish you may succeed -in your laudable endeavors to save the remains of your nation -by adopting industrious occupations and a government of -regular law. In this you may always rely on the counsel and -assistance of the government of the United States. Deliver these -words to your people in my name, and assure them of my friendship. - - -XXV. - - January 9, 1809. - -_To the Deputies of the Cherokees of the Upper and Lower Towns_:-- - -_My Children_,--I understand from the speeches which you -have delivered me, that there is a difference of disposition among -the people of both parts of your nation, some of them desiring to -remain on their lands, to betake themselves to agriculture, and -the industrious occupations of civilized life, while others, retaining -their attachment to the hunter life, and having little game -on their present lands, are desirous to remove across the Mississippi, -to some of the vacant lands of the United States, where -game is abundant. I am pleased to find so many disposed to -ensure, by the cultivation of the earth, a plentiful subsistence -for their families, and to improve their minds by education; but -I do not blame those who, having been brought up from their -infancy to the pursuit of game, desire still to follow it to distant -countries. I know how difficult it is for men to change the -habits in which they have been raised. The United States, my -children, are the friends of both parties, and as far as can reasonably -be asked, they will be willing to satisfy the wishes of -both. Those who remain may be assured of our patronage, our -aid, and good neighborhood; those who wish to remove, are permitted -to send an exploring party to reconnoitre the country on -the waters of the Arkansas and White rivers, and the higher up -the better, as they will be the longer unapproached by our settlements, -which will begin at the mouths of those rivers. The -regular districts of the government of St. Louis are already laid -off to the St. Francis. When this party shall have found a tract -of country suiting the emigrants, and not claimed by other Indians, -we will arrange with them and you the exchange of that -for a just portion of the country they leave, and to a part of -which proportioned to their numbers they have a right. Every -aid towards their removal, and what will be necessary for them -there, will then be freely administered to them, and when established -in their new settlements, we shall still consider them as -our children, give them the benefit of exchanging their peltries -for what they want at our factories, and always hold them firmly -by the hand. - -I will now, my children, proceed to answer your kind address -on my retiring from the government. Sensible that I am become -too old to watch over the extensive concerns of the seventeen -States and their territories, I requested my fellow citizens -to permit me to retire, to live with my family, and to choose -another President for themselves and father for you. They have -done so; and in a short time I shall retire, and resign into his -hands the care of your and our concerns. Be assured, my children, -that he will have the same friendly dispositions towards you -which I have had, and that you will find in him a true and affectionate -father. Indeed, this is now the disposition of all our people -towards you; they look upon you as brethren, born in the same -land, and having the same interests. Tell your people, therefore, -to entertain no uneasiness on account of this change, for -there will be no change as to them. Deliver to them my adieux, -and my prayers to the Great Spirit for their happiness. Tell -them that during my administration I have held their hand fast -in mine, and that I will put it into the hand of their new father, -who will hold it as I have done. - - -XXVI. - - January 10, 1809. - -_To the Chiefs of the Wyandots, Ottawas, Chippewas, Powtewatamies -and Shawanese_:-- - -_My Children_,--This is the first time I have had the pleasure -of seeing the distinguished men of our neighbors the Wyandots, -Ottawas and Chippewas, at the seat of our government. I welcome -you to it as well as the Powtewatamies and Shawanese, and -thank the Great Spirit for having conducted you hither in safety -and health. I take you and your people by the hand and salute -you as my children; I consider all my red children as forming -one family with the whites, born in the same land with them, -and bound to live like brethren, in peace, friendship and good -neighborhood. In former times, my children, we were not our -own masters, but were governed by the English. Then we -were often at war with our neighbors. Ill blood was raised and -kept up between us, and in the war in which we threw off the -English government, many of the red people, mistaking their -brothers and real friends, took sides with the English government -against us; and it was not till many years after we made peace with -the English, that the treaty of Grenville closed our last wars with -our Indian neighbors. From that time, my children, we have -looked on you as a part of ourselves, and have cherished your -prosperity as our own. We saw that these things were wasting -away your numbers to nothing; that the intemperate use of -ardent spirits produced poverty, trouble and murders among you; -your wars with one another were lessening your numbers, and -attachment to the hunter life, after game had nearly left you, -produced famine, sickness and deaths among you in the scarce -season of every year. It has been our endeavor, therefore, like -true fathers and brothers, to withhold strong liquors from you, to -keep you in peace with one another, and to encourage and aid -you in the culture of the earth, and raising domestic animals, to -take the place of the wild ones. This we have done, my children, -because we are your friends, and wish you well. If we -feared you, if we were your enemies, we should have furnished -you plentifully with whiskey, let the men destroy one another -in perpetual wars, and the women and children waste away for -want of food, and remain insensible that they could raise it out -of the earth. We have been told, my children, that some of -you have been doubting whether we or the English were your -truest friends. What do the English do for you? They furnish -you with plenty of whiskey, to keep you in idleness, drunkenness -and poverty; and they are now exciting you to join them -in war against us, if war should take place between them and -us. But we tell you to stay at home in quiet, to take no part -in quarrels which do not concern you. The English are now at -war with all the world but us, and it is not yet known whether -they will not force us also into it. They are strong on the -water, but weak on the land. We live on the land and we fear -them not. We are able to fight our own battles; therefore we -do not ask you to spill your blood in our quarrels, much less do -we wish to be forced to spill it with our own hands. You have -travelled through our country from the lakes to the tide waters. -You have seen our numbers in that direction, and were you to -pass along the sea shore you would find them much greater. -You know the English numbers, their scattered forts and string -of people, along the borders of the lakes and the St. Lawrence, -how long do you think it will take us to sweep them out of the -country? and when they are swept away, what is to become of -those who join them in their war against us? My children, if -you love the land in which you were born, if you wish to inhabit -the earth which covers the bones of your fathers, take no part -in the war between the English and us, if we should have war. -Never will we do an unjust act towards you. On the contrary, -we wish to befriend you in every possible way; but the tribe -which shall begin an unprovoked war against us, we will extirpate -from the earth, or drive to such a distance as that they shall -never again be able to strike us. I tell you these things my -children, not to make you afraid. I know you are brave men -and therefore cannot fear. But you are also wise men and prudent -men. I say it, therefore, that, in your wisdom and prudence, -you may look forward. That you may go to the graves -of your fathers and say, "fathers, shall we abandon you?" That -you may look in the faces of your wives and children and ask, -"shall we expose these our own flesh and blood to perish from -want in a distant country and have our race and name extinguished -from the face of the earth?" Think of these things, -my children, as wise men, and as men loving their fathers, their -wives and children, and the name and memory of their nation. -I repeat, that we will never do an unjust act towards you. On -the contrary, we wish you to live in peace, to increase in numbers, -to learn to labor as we do, and furnish food for your increasing -numbers, when the game shall have left you. We wish -to see you possessed of property, and protecting it by regular -laws. In time, you will be as we are; you will become one -people with us. Your blood will mix with ours; and will spread, -with ours, over this great island. Hold fast then, my children, -the chain of friendship which binds us together, and join us in -keeping it forever bright and unbroken. - -I invite you to come here, my children, that you might hear -with your own ears, the words of your father; that you might -see with your own eyes, the sincere disposition of the United -States towards you. In your journey to this place you have seen -great numbers of your white brothers; you have been received -by them as brothers, have been treated kindly and hospitably, -and you have seen and can tell your people that their hearts are -now sincerely with you. This is the first time I have ever addressed -your chiefs, in person, at the seat of Government,--it -will also be the last. Sensible that I am become too old to -watch over the extensive concerns of the seventeen States and -their territories, I requested my fellow citizens to permit me to -retire to live with my family, and to choose another President -for themselves, and father for you. They have done so; and in -a short time I shall retire and resign into his hands the care of -your and our concerns. Be assured, my children, that he will -have the same friendly dispositions towards you which I have -had, and that you will find in him a true and affectionate father. -Indeed this is now the disposition of all our people towards you; -they look upon you as brethren, born in the same land, and having -the same interests. Tell your people, therefore, to entertain -no uneasiness on account of this change, for there will be no -change as to them. Deliver to them my adieus, and my prayers -to the Great Spirit for their happiness. Tell them that during -my administration, I have held their hand fast in mine; and that -I will put it into the hand of their new father, who will hold it -as I have done. - - -XXVII. - - January 18, 1809. - -_To the Chiefs of the Ottawas, Chippewas, Powtewatamies, Shawanese and -Wyandots_:-- - -_My Children_,--I have considered the speech you have delivered -me, and will now make answer to it. You have gone -back to ancient times, and given a true history of the uses made -of you by the French, who first inhabited your country, and -afterwards by the English; and how they used you as dogs to -set upon those whom they wanted to destroy. They kept the -hatchet always in your hand, exposing you to be killed in their -quarrels, and then gave you whiskey that you might quarrel and -kill one another. I am glad you understand these things, and -are determined no more to fight their battles. We shall never -wish you to fight ours, but to stay at home in peace and take care -of yourselves. You still wish, however, to keep up a correspondence -with the English, because you say your young -people find an advantage in it. The less you have to do with -them the better, because all their endeavors will be, as you -know, to persuade you to go to war for them. If they owe you -for lands, they ought to pay you once for all and be done with -it. With respect to your people on the English side of the -water, should we have war with the English, let them remain -neutral and we shall not disturb them; but if the English should -endeavor to force them into the war, you would do well to receive -them and let them live with you till we can clear the way -for them to go back again, which will not take long. - -You ask me what passed between this Government and the -Little Turtle, the chiefs of the Chippewas, Powtewatamies, -Shawanese, Ottawas, Isaac Williams, the Crane and the Delawares, -at their visits to the seat of this Government many years -ago. Those visits were in the time of my predecessors, so that -I did not hear their speeches, and they did not leave them in -writing. It is not in my power, therefore, to tell you what they -were. But I can assure you that when the Little Turtle visited -me, and in like manner when the chiefs of other tribes have -visited me, not one word was ever said to the prejudice of the -other Indians. I have no reason to believe they wished to speak -to me in that way, but if they did, they knew I would not listen -to them, and therefore did not do it. My advice to them all has -been constantly to live in peace and friendship with one another, -to begin to cultivate the earth, to raise domestic animals, -and leave off the use of ardent spirits: in short, precisely what I -have said to yourselves. - -You ask whether the treaties at Swan's creek, and those of -the last fall, and the fall before, were made by my desire. I -will explain the subject to you. We consider your lands as belonging -fully to yourselves, and that we have no right to purchase -them but with your own free consent. Whenever you -wish to sell, we are willing to buy, although it may be lands -which we do not immediately want. We believe it to be for -your benefit to sell a part of your lands for annuities, which may -enable you to improve farms, and in the meantime to support -yourselves. While you keep such large tracts of country, the -few deer which remain tempt you to continue hunters, and are -yet not enough to maintain you plentifully through the year. -A small part of the land cultivated in corn, with the cattle, hogs, -and sheep it would enable you to raise, would maintain you better -through the year, than the whole does in game. A thorough -persuasion, therefore, that it is better for you to turn your surplus -lands from time to time into money, induces us to buy when you -desire to sell. On this principle, at the treaty of Swan's creek -we purchased the slip of land which laid between what you sold -to the Connecticut company and our former lines. We had no -particular desire to buy it, but were told that it would be convenient -to you to sell that parcel, and therefore we bought it. - -The lands which were purchased of you near Detroit the last -fall and the fall before, we did wish to purchase, provided you -were willing freely to sell. At Detroit, you know, we keep a -garrison to watch the English, and to protect the factory we -establish there, to carry on trade with you. It is very desirable -for us, therefore, to obtain so much land in the neighborhood as -would receive settlers sufficient to raise provisions for the garrison, -and to strengthen the garrison if attacked by the English. -But still we instructed Governor Hull, however much we wished -to get some land there, not to press it on you if you were not entirely -willing to accommodate us. The settlement of our people -there will be a great advantage to you if you become cultivators -of the earth. You saw the Cherokees who were here when you -arrived, my children. These were wealthy men, and became -wealthy merely by living near our settlements. Their mother -towns of Chota and Chilowee, are but twelve miles from our -principal town of Knoxville. The Cherokees there have good -farms, good houses, and abundance of cattle and horses. If a -family raises more cattle or corn than they want for their own -use, instead of letting it be eaten by their own lazy people who -will not work, they carry it to Knoxville, sell it to our people, -and purchase with the money clothes and other comforts for themselves. -Our settlements around Detroit will give you the same -advantages. If you become farmers and raise cattle, hogs, sheep, -fowls, and such things to spare, you can immediately exchange -them for clothing and other necessaries. I am satisfied, therefore, -my children, that the accommodating us with that land was as -beneficial to you as to us. But, notwithstanding, I believe it to -be better for you to sell your surplus lands from time to time; -yet I repeat to you the assurances that although we may go so -far, sometimes, as to say we would be willing to buy such a -piece of land, yet we will never press you to sell, until you shall -desire yourselves to sell it. - -I have thus, my children, answered the particulars of your -speech. I have done it with truth and an open heart, and I hope -it will be satisfactory to you. - - -XXVIII. - - January 31, 1809. - -_To the Chiefs of the Ottawas, Chippewas, Powtewatamies, Wyandots, and -Shawanese_:-- - -_My Children_,--I have considered the speech you have delivered -me, and I will now give you an answer to it. - -You have told us on former occasions of certain promises -made to you at the treaty of Grenville, by General Wayne, respecting -certain lands whereon you and your friends live. But -when we looked into the treaty of Grenville, we found no such -promises there; and as it is our custom to put all our agreements -into writing, that they may never be forgotten or mistaken, we -concluded no such promises had been made. But you now explain -that the chiefs of the Wyandots near Detroit did not arrive -at Grenville till after the treaty was signed--that they then convinced -General Wayne that provision ought to be made for securing -to them possession of the lands they lived on, so long as -they and their descendants shall choose to live on them, and that -he agreed to it. Of this, besides other evidence, you now produce -the belt of wampum reserved by you, in memory of it, the -counter-belt given us having probably been destroyed in the fire -which consumed our war office in the year 1800. Such evidence, -therefore, being now produced as induces a belief of the -agreement, it shall be committed to writing, according to what -has passed between the Secretary at War and yourselves; and -we will also put into writing what has passed respecting the reserves -for the Indians, and you shall have a copy of these writings -which shall be firm and good to you forever. - -You complain that white people go on your lands and settle -without your consent. This is entirely against our will, and I -earnestly desire you, my children, as soon as any intruder of the -whites sets down on your lands, that you will not delay a moment -to inform our agent, who will always be instructed in the -measures to be taken for their immediate removal; and I desire -you to do this, on your return, as to the intruders you now complain -of. - -The Secretary at War has explained to you the circumstances -which attended the running the boundary line near Sandusky, -under the treaty at Swan's creek, so as to satisfy you that no -variation of it was intended; and you may be assured that when -we proceed to run the lines for the roads granted us the last fall, -you shall have notice, in order that your chiefs may attend and -see it fairly done. - -For these roads, with which your nations have been so friendly -as to accommodate us, and which you wished us to accept as a -present, I return you my thanks, and I accept them; and I request -you, on our part, to accept as a token of our good will, the -sum of a thousand dollars, of which five hundred dollars will be -paid you here. And we shall be happy if you can employ this -sum to your benefit or comfort in any way. Our settlements are -now extending so much in every direction, that we shall be -obliged to ask roads from our Indian brethren, that we may pass -conveniently from one settlement to another, for which we will -always gladly pay them the full value. - -You have been informed, as you desired, of the exact amount -of your annuities. - -I have thus, my children, answered all the parts of your -speech, and I have done it sincerely and with good will to you. -I have not filled you with whiskey, as the English do, to make -you promise, or give up what is against your interest, when out -of your senses. I have listened to your complaints and proposals, -I have found them reasonable, and I have given you the answers -which a just and a reasonable nation ought to do. And this you -may be assured is the way in which we shall always do business -with you, because we do not consider you as another nation, -but as a part of us, living indeed under your own laws, but having -the same interests with us. I hope you will tell these things -to your people, and that they will sink deep into their minds. - - -APPENDIX TO PART II, OF BOOK III. - -CONFIDENTIAL MESSAGE RECOMMENDING A WESTERN EXPLORING -EXPEDITION--JANUARY 18, 1803. - -_Gentlemen of the Senate and of the House of Representatives_:-- - -As the continuance of the act for establishing trading-houses -with the Indian tribes, will be under the consideration of the -legislature at its present session, I think it my duty to communicate -the views which have guided me in the execution of that -act, in order that you may decide on the policy of continuing it, -in the present or any other form, or discontinue it altogether, if -that shall, on the whole, seem most for the public good. - -The Indian tribes residing within the limits of the United -States, have, for a considerable time, been growing more and -more uneasy at the constant diminution of the territory they occupy, -although effected by their own voluntary sales; and the -policy has long been gaining strength with them, of refusing absolutely -all further sale, on any conditions; insomuch that, at this -time, it hazards their friendship, and excites dangerous jealousies -and perturbations in their minds to make any overture for the -purchase of the smallest portions of their land. A very few -tribes only are not yet obstinately in these dispositions. In order -peaceably to counteract this policy of theirs, and to provide an -extension of territory which the rapid increase of our numbers -will call for, two measures are deemed expedient. First: to -encourage them to abandon hunting, to apply to the raising -stock, to agriculture and domestic manufactures, and thereby -prove to themselves that less land and labor will maintain them -in this, better than in their former mode of living. The extensive -forests necessary in the hunting life will then become useless, -and they will see advantage in exchanging them for the -means of improving their farms and of increasing their domestic -comforts. Secondly: to multiply trading-houses among them, -and place within their reach those things which will contribute -more to their domestic comfort than the possession of extensive -but uncultivated wilds. Experience and reflection will develop -to them the wisdom of exchanging what they can spare and -we want, for what we can spare and they want. In leading -them thus to agriculture, to manufactures, and civilization; in -bringing together their and our settlements, and in preparing -them ultimately to participate in the benefits of our government, -I trust and believe we are acting for their greatest good. At -these trading-houses we have pursued the principles of the act -of Congress, which directs that the commerce shall be carried -on liberally, and requires only that the capital stock shall not be -diminished. We consequently undersell private traders, foreign -and domestic; drive them from the competition; and thus, with -the good will of the Indians, rid ourselves of a description of men -who are constantly endeavoring to excite in the Indian mind -suspicions, fears, and irritations toward us. A letter now enclosed, -shows the effect of our competition on the operations of -the traders, while the Indians, perceiving the advantage of purchasing -from us, are soliciting generally our establishment of -trading houses among them. In one quarter this is particularly -interesting. The legislature, reflecting on the late occurrences -on the Mississippi, must be sensible how desirable it is to possess -a respectable breadth of country on that river, from our southern -limit to the Illinois at least, so that we may present as firm a -front on that as on our eastern border. We possess what is below -the Yazoo, and can probably acquire a certain breadth from -the Illinois and Wabash to the Ohio; but between the Ohio and -Yazoo, the country all belongs to the Chickasaws, the most -friendly tribe within our limits, but the most decided against the -alienation of lands. The portion of their country most important -for us is exactly that which they do not inhabit. Their settlements -are not on the Mississippi, but in the interior country. -They have lately shown a desire to become agricultural, and this -leads to the desire of buying implements and comforts. In the -strengthening and gratifying of these wants, I see the only prospect -of planting on the Mississippi itself, the means of its own -safety. Duty has required me to submit these views to the judgment -of the legislature; but as their disclosure might embarrass -and defeat their effect, they are committed to the special confidence -of the two houses. - -While the extension of the public commerce among the Indian -tribes, may deprive of that source of profit such of our citizens as -are engaged in it, it might be worthy the attention of Congress, -in their care of individual as well as of the general interest, to -point in another direction the enterprize of these citizens, as profitably -for themselves, and more usefully for the public. The -river Missouri, and the Indians inhabiting it, are not as well -known as is rendered desirable by their connection with the -Mississippi, and consequently with us. It is, however, understood, -that the country on that river is inhabited by numerous -tribes, who furnish great supplies of furs and peltry to the trade -of another nation, carried on in a high latitude, through an infinite -number of portages and lakes, shut up by ice through a -long season. The commerce on that line could bear no competition -with that of the Missouri, traversing a moderate climate, -offering, according to the best accounts, a continued navigation -from its source, and possibly with a single portage, from the -western ocean, and finding to the Atlantic a choice of channels -through the Illinois or Wabash, the lakes and Hudson, through -the Ohio and Susquehanna, or Potomac or James rivers, and -through the Tennessee and Savannah rivers. An intelligent -officer, with ten or twelve chosen men, fit for the enterprize, and -willing to undertake it, taken from our posts, where they may -be spared without inconvenience, might explore the whole line, -even to the western ocean; have conferences with the natives -on the subject of commercial intercourse; get admission -among them for our traders, as others are admitted; agree on -convenient deposits for an interchange of articles; and return -with the information acquired, in the course of two summers. -Their arms and accoutrements, some instruments of observation, -and light and cheap presents for the Indians, would be all the -apparatus they could carry, and with an expectation of a soldier's -portion of land on their return, would constitute the whole expense. -Their pay would be going on, whether here or there. -While other civilized nations have encountered great expense to -enlarge the boundaries of knowledge, by undertaking voyages -of discovery, and for other literary purposes, in various parts and -directions, our nation seems to owe to the same object, as well -as to its own interests, to explore this, the only line of easy communication -across the continent, and so directly traversing our -own part of it. The interests of commerce place the principal -object within the constitutional powers and care of Congress, and -that it should incidentally advance the geographical knowledge -of our own continent, can not but be an additional gratification. -The nation claiming the territory, regarding this as a literary -pursuit, which it is in the habit of permitting within its own dominions, -would not be disposed to view it with jealousy, even if -the expiring state of its interests there did not render it a matter -of indifference. The appropriation of two thousand five hundred -dollars, "for the purpose of extending the external commerce of -the United States," while understood and considered by the executive -as giving the legislative sanction, would cover the undertaking -from notice, and prevent the obstructions which interested -individuals might otherwise previously prepare in its way. - - - - -BOOK IV. - -MISCELLANEOUS. - - - PART I.--NOTES ON VIRGINIA. - " II.--BIOGRAPHICAL SKETCHES OF DISTINGUISHED MEN. - " III.--THE BATTURE AT NEW ORLEANS. - " IV.--JEFFERSON'S MANUAL. - " V.--THE ANAS. - " VI.--MISCELLANEOUS PAPERS. - - -INTRODUCTORY TO BOOK IV. - -This fourth and last division of the work contains a large mass of very valuable -and interesting miscellaneous matter--everything, indeed, valuable and interesting -written by Mr. Jefferson, and not embraced in the previous divisions -of the work. To the general reader, it will be found much the most instructive -and entertaining portion of the publication, ranging, as it does, over a vast field -of discussion--unless, perhaps, the latter portion of Mr. Jefferson's Correspondence -be excepted, say, from 1812 to the end of his life. Among the interesting papers -contained in this division of the work, may be enumerated the "Notes on Virginia," -biographical sketches of distinguished Revolutionary characters, Mr. Jefferson's -argument in vindication of his official action while President of the United -States in connection with the Batture at New Orleans--the celebrated Anas, -Resolutions defining the relations between the State and Federal Governments, -and believed to be the originals of the Kentucky Resolutions of 1799, &c. These -are but a few of the interesting papers comprised in Book IV. There are many -others possessing great intrinsic interest and a very considerable historical value, -as throwing much light upon the early history of our country. And nowhere -does the genius of the distinguished Author, and the richness and diversity of his -resources, more impress the reader than in the mass of miscellaneous matter collected -in this last division of the work. - - -CONTENTS - -TO - -NOTES ON VIRGINIA. - - PAGE - - I.--An exact description of the limits and boundaries of - the State of Virginia, 249 - - II.--A notice of the rivers, rivulets, and how far they - are navigable, 250 - - III.--A notice of the best seaports of the State, and how - big are the vessels they can receive, 263 - - IV.--A notice of its mountains, 263 - - V.--Its cascades and caverns, 266 - - VI.--A notice of the mines and other subterraneous riches; - its trees, plants, fruits, &c., 270 - - VII.--A notice of all that can increase the progress of - human knowledge, 320 - - VIII.--The number of its inhabitants, 328 - - IX.--The number and condition of the militia and regular - troops, and their pay, 334 - - X.--The marine, 334 - - XI.--A description of the Indians established in that State, 336 - - XII.--A notice of the counties, cities, townships and villages, 350 - - XIII.--The constitution of the State, and its several charters, 352 - - XIV.--The administration of justice and the description of - the laws, 372 - - XV.--The colleges and public establishments, the roads, - buildings, &c., 391 - - XVI.--The measures taken with regard to the estates and - possessions of the rebels, commonly called tories, 396 - - XVII.--The different religions received into that State, 398 - - XVIII.--The particular customs and manners that may happen to - be received in that State, 403 - - XIX.--The present state of manufactures, commerce, interior - and exterior trade, 404 - - XX.--A notice of the commercial productions particular to - the State, and of those objects which the inhabitants - are obliged to get from Europe and from other parts - of the world 406 - - XXI.--The weights, measures, and the currency of the hard - money. Some details relating to exchange with Europe, 409 - - XXII.--The public income and expenses, 410 - - XXIII.--The histories of the State, the memorials published - in its name in the time of its being a colony, - and the pamphlets relating to its interior or - exterior affairs, present or ancient, 415 - - Appendix, 429 - - - - -PART I. - -NOTES ON VIRGINIA. - - -QUERY I. - -_An exact description of the limits and boundaries of the State -of Virginia?_ - -_Virginia_ is bounded on the east by the Atlantic; on the north -by a line of latitude crossing the eastern shore through Watkin's -Point, being about 37° 57' north latitude; from thence by a -straight line to Cinquac, near the mouth of Potomac; thence by -the Potomac, which is common to Virginia and Maryland, to the -first fountain of its northern branch; thence by a meridian line, -passing through that fountain till it intersects a line running -east and west, in latitude 39° 43' 42.4" which divides Maryland -from Pennsylvania, and which was marked by Messrs. -Mason and Dixon; thence by that line, and a continuation of -it westwardly to the completion of five degrees of longitude -from the eastern boundary of Pennsylvania, in the same latitude, -and thence by a meridian line to the Ohio; on the west -by the Ohio and Mississippi, to latitude 36° 30' north, and -on the south by the line of latitude last mentioned. By admeasurements -through nearly the whole of this last line, and -supplying the unmeasured parts from good data, the Atlantic -and Mississippi are found in this latitude to be seven hundred -and fifty-eight miles distant, equal to 30° 38' of longitude, -reckoning fifty-five miles and three thousand one hundred and -forty-four feet to the degree. This being our comprehension -of longitude, that of our latitude, taken between this and Mason -and Dixon's line, is 3° 13' 42.4" equal to two hundred and -twenty-three and one-third miles, supposing a degree of a great -circle to be sixty-nine miles, eight hundred and sixty-four feet, -as computed by Cassini. These boundaries include an area -somewhat triangular of one hundred and twenty-one thousand -five hundred and twenty-five square miles, whereof seventy-nine -thousand six hundred and fifty lie westward of the Alleghany -mountains, and fifty-seven thousand and thirty-four westward of -the meridian of the mouth of the Great Kanhaway. This State -is therefore one-third larger than the islands of Great Britain and -Ireland, which are reckoned at eighty-eight thousand three hundred -and fifty-seven square miles. - -These limits result from, 1. The ancient charters from the -crown of England. 2. The grant of Maryland to the Lord -Baltimore, and the subsequent determinations of the British court -as to the extent of that grant. 3. The grant of Pennsylvania -to William Penn, and a compact between the general assemblies -of the commonwealths of Virginia and Pennsylvania as to the -extent of that grant. 4. The grant of Carolina, and actual location -of its northern boundary, by consent of both parties. -5. The treaty of Paris of 1763. 6. The confirmation of the -charters of the neighboring States by the convention of _Virginia_ -at the time of constituting their commonwealth. 7. The -cession made by _Virginia_ to Congress of all the lands to which -they had title on the north side of the Ohio. - - -QUERY II. - -_A notice of its rivers, rivulets, and how far they are navigable?_ - -An inspection of a map of _Virginia_, will give a better idea -of the geography of its rivers, than any description in writing. -Their navigation may be imperfectly noted. - -_Roanoke_, so far as it lies within the State, is nowhere -navigable but for canoes, or light batteaux; and even for these -in such detached parcels as to have prevented the inhabitants -from availing themselves of it at all. - -_James River_, and its waters, afford navigation as follows: - -The whole of _Elizabeth River_, the lowest of those which -run into James River, is a harbor, and would contain upwards of -three hundred ships. The channel is from one hundred and fifty -to two hundred fathoms wide, and at common flood tide affords -eighteen feet water to Norfolk. The Stafford, a sixty gun ship, -went there, lightening herself to cross the bar at Sowel's Point. -The Fier Rodrigue, pierced for sixty-four guns, and carrying -fifty, went there without lightening. Craney Island, at the -mouth of this river, commands its channel tolerably well. - -_Nansemond River_ is navigable to Sleepy Hole for vessels of -two hundred and fifty tons; to Suffolk for those of one hundred -tons; and to Milner's for those of twenty-five. - -_Pagan Creek_ affords eight or ten feet water to Smithfield, -which admits vessels of twenty tons. - -_Chickahominy_ has at its mouth a bar, on which is only twelve -feet water at common flood tide. Vessels passing that, may go -eight miles up the river; those of ten feet draught may go four -miles further, and those of six tons burden twenty miles further. - -_Appomattox_ may be navigated as far as Broadways, by any vessel -which has crossed Harrison's bar in James River; it keeps eight -or ten feet water a mile or two higher up to Fisher's bar, and four -feet on that and upwards to Petersburg, where all navigation ceases. - -_James River_ itself affords a harbor for vessels of any size in -Hampton Road, but not in safety through the whole winter; and -there is navigable water for them as far as Mulberry Island. A -forty gun ship goes to Jamestown, and, lightening herself, may -pass Harrison's bar; on which there is only fifteen feet water. -Vessels of two hundred and fifty tons may go to Warwick; -those of one hundred and twenty-five go to Rocket's, a mile below -Richmond; from thence is about seven feet water to Richmond; -and about the centre of the town, four feet and a half, -where the navigation is interrupted by falls, which in a course -of six miles, descend about eighty-eight feet perpendicular; above -these it is resumed in canoes and batteaux, and is prosecuted -safely and advantageously to within ten miles of the Blue Ridge; -and even through the Blue Ridge a ton weight has been brought; -and the expense would not be great, when compared with its -object, to open a tolerable navigation up Jackson's river and Carpenter's -creek, to within twenty-five miles of Howard's creek of -Green Briar, both of which have then water enough to float vessels -into the Great Kanhaway. In some future state of population -I think it possible that its navigation may also be made to -interlock with that of the Potomac, and through that to communicate -by a short portage with the Ohio. It is to be noted -that this river is called in the maps _James River_, only to its confluence -with the Rivanna; thence to the Blue Ridge it is called -the Fluvanna; and thence to its source Jackson's river. But in -common speech, it is called James River to its source. - -The _Rivanna_, a branch of James River, is navigable for -canoes and batteaux to its intersection with the South-West mountains, -which is about twenty-two miles; and may easily be -opened to navigation through these mountains to its fork above -Charlottesville. - -_York River_, at Yorktown, affords the best harbor in the State -for vessels of the largest size. The river there narrows to the -width of a mile, and is contained within very high banks, close -under which vessels may ride. It holds four fathom water at -high tide for twenty-five miles above York to the mouth of -Poropotank, where the river is a mile and a half wide, and the -channel only seventy-five fathom, and passing under a high -bank. At the confluence of _Pamunkey_ and _Mattapony_, it is -reduced to three fathom depth, which continues up Pamunkey -to Cumberland, where the width is one hundred yards, and up -Mattapony to within two miles of Frazier's ferry, where it becomes -two and a half fathom deep, and holds that about five -miles. Pamunkey is then capable of navigation for loaded flats -to Brockman's bridge, fifty miles above Hanover town, and -Mattapony to Downer's bridge, seventy miles above its mouth. - -_Piankatank_, the little rivers making out of _Mobjack Bay_ and -those of the eastern shore, receive only very small vessels, and -these can but enter them. - -_Rappahannock_ affords four fathom water to Hobb's hole, and -two fathom from thence to Fredericksburg. - -_Potomac_ is seven and a half miles wide at the mouth; four -and a half at Nomony bay; three at Aquia; one and a half at -Hallowing point; one and a quarter at Alexandria. Its soundings -are seven fathom at the mouth; five at St. George's island; four -and a half at Lower Matchodic; three at Swan's point, and -thence up to Alexandria; thence ten feet water to the falls, -which are thirteen miles above Alexandria. These falls are fifteen -miles in length, and of very great descent, and the navigation -above them for batteaux and canoes is so much interrupted -as to be little used. It is, however, used in a small degree up -the Cohongoronta branch as far as fort Cumberland, which was -at the mouth of Willis's creek; and is capable, at no great expense, -of being rendered very practicable. The Shenandoah -branch interlocks with James river about the Blue Ridge, and -may perhaps in future be opened. - -The _Mississippi_ will be one of the principal channels of future -commerce for the country westward of the Alleghany. -From the mouth of this river to where it receives the Ohio, is -one thousand miles by water, but only five hundred by land, -passing through the Chickasaw country. From the mouth of -the Ohio to that of the Missouri, is two hundred and thirty miles -by water, and one hundred and forty by land, from thence to the -mouth of the Illinois river, is about twenty-five miles. The -Mississippi, below the mouth of the Missouri, is always muddy, -and abounding with sand bars, which frequently change their -places. However, it carries fifteen feet water to the mouth of -the Ohio, to which place it is from one and a half to two miles -wide, and thence to Kaskaskia from one mile to a mile and a -quarter wide. Its current is so rapid, that it never can be -stemmed by the force of the wind alone, acting on sails. Any -vessel, however, navigated with oars, may come up at any time, -and receive much aid from the wind. A batteau passes from -the mouth of Ohio to the mouth of Mississippi in three weeks, -and is from two to three months getting up again. During its -floods, which are periodical as those of the Nile, the largest vessels -may pass down it, if their steerage can be insured. These -floods begin in April, and the river returns into its banks early -in August. The inundation extends further on the western than -eastern side, covering the lands in some places for fifty miles -from its banks. Above the mouth of the Missouri it becomes -much such a river as the Ohio, like it clear and gentle in its current, -not quite so wide, the period of its floods nearly the same, -but not rising to so great a height. The streets of the village at -Cohoes are not more than ten feet above the ordinary level of -the water, and yet were never overflowed. Its bed deepens -every year. Cohoes, in the memory of many people now living, -was insulated by every flood of the river. What was the eastern -channel has now become a lake, nine miles in length and -one in width, into which the river at this day never flows. This -river yields turtle of a peculiar kind, perch, trout, gar, pike, mullets, -herrings, carp, spatula-fish of fifty pounds weight, cat-fish -of one hundred pounds weight, buffalo fish, and sturgeon. Aligators -or crocodiles have been seen as high up as the Acansas. -It also abounds in herons, cranes, ducks, brant, geese, and swans. -Its passage is commanded by a fort established by this State, five -miles below the mouth of the Ohio, and ten miles above the -Carolina boundary. - -The _Missouri_, since the treaty of Paris, the Illinois and northern -branches of the Ohio, since the cession to Congress, are no -longer within our limits. Yet having been so heretofore, and -still opening to us channels of extensive communication with the -western and north-western country, they shall be noted in their -order. - -The Missouri is, in fact, the principal river, contributing more -to the common stream than does the Mississippi, even after its -junction with the Illinois. It is remarkably cold, muddy, and -rapid. Its overflowings are considerable. They happen during -the months of June and July. Their commencement being so -much later than those of the Mississippi, would induce a belief -that the sources of the Missouri are northward of those of the -Mississippi, unless we suppose that the cold increases again with -the ascent of the land from the Mississippi westwardly. That -this ascent is great, is proved by the rapidity of the river. Six -miles above the mouth, it is brought within the compass of a -quarter of a mile's width; yet the Spanish merchants at Pancore, -or St. Louis, say they go two thousand miles up it. It heads far -westward of the Rio Norte, or North River. There is, in the -villages of Kaskaskia, Cohoes, and St. Vincennes, no inconsiderable -quantity of plate, said to have been plundered during the -last war by the Indians from the churches and private houses of -Santa Fé, on the North river, and brought to the villages for -sale. From the mouth of the Ohio to Santa Fé are forty days -journey, or about one thousand miles. What is the shortest distance -between the navigable waters of the Missouri, and those -of the North river, or how far this is navigable above Santa Fé, -I could never learn. From Santa Fé to its mouth in the Gulf -of Mexico is about twelve hundred miles. The road from New -Orleans to Mexico crosses this river at the post of Rio Norte, eight -hundred miles below Santa Fé, and from this post to New Orleans -is about twelve hundred miles; thus making two thousand -miles between Santa Fé and New Orleans, passing down the -North river, Red river, and Mississippi; whereas it is two thousand -two hundred and thirty through the Missouri and Mississippi. -From the same post of Rio Norte, passing near the mines -of La Sierra and Laiguana, which are between the North river, -and the river Salina to Sartilla, is three hundred and seventy-five -miles, and from thence, passing the mines of Charcas, Zaccatecas, -and Potosi, to the city of Mexico, is three hundred and seventy-five -miles; in all, one thousand five hundred and fifty miles from -Santa Fé to the city of Mexico. From New Orleans to the city -of Mexico is about one thousand nine hundred and fifty miles; -the roads after setting out from the Red river, near Natchitoches, -keeping generally parallel with the coast, and about two hundred -miles from it, till it enters the city of Mexico. - -The _Illinois_ is a fine river, clear, gentle, and without rapids; -insomuch that it is navigable for batteaux to its source. From -thence is a portage of two miles only to the Chicago, which affords -a batteau navigation of sixteen miles to its entrance into -lake Michigan. The Illinois, about ten miles above its mouth, -is three hundred yards wide. - -The _Kaskaskia_ is one hundred yards wide at its entrance into -the Mississippi, and preserves that breadth to the Buffalo plains, -seventy miles above. So far, also, it is navigable for loaded batteaux, -and perhaps much further. It is not rapid. - -The _Ohio_ is the most beautiful river on earth. Its current -gentle, waters clear, and bosom smooth and unbroken by rocks -and rapids, a single instance only excepted. - -It is one-quarter of a mile wide at Fort Pitt, five hundred -yards at the mouth of the Great Kanhaway, one mile and -twenty-five poles at Louisville, one-quarter of a mile on the -rapids three or four miles below Louisville, half a mile where -the low country begins, which is twenty miles above Green -river, a mile and a quarter at the receipt of the Tennessee, and a -mile wide at the mouth. - -Its length, as measured according to its meanders by Captain -Hutchins, is as follows:-- - - From Fort Pitt - - To Log's Town 18½ - Big Beaver Creek 10¾ - Little Beaver Creek 13½ - Yellow Creek 11¾ - Two Creeks 21¾ - Long Reach 53¾ - End Long Reach 16½ - Muskingum 25½ - Little Kanhaway 12¼ - Hockhocking 16 - Great Kanhaway 82½ - Guiandot 43¾ - Sandy Creek 14½ - Sioto 48¼ - Little Miami 126¼ - Licking Creek 8 - Great Miami 26¾ - Big Bones 32½ - Kentucky 44¼ - Rapids 77¼ - Low Country 155¾ - Buffalo River 64½ - Wabash 97¼ - Big Cave 42¾ - Shawanee River 52½ - Cherokee River 13 - Massac 11 - Mississippi 46 - ----- - 1188 - -In common winter and spring tides it affords fifteen feet water -to Louisville, ten feet to Le Tarte's rapids, forty miles above the -mouth of the great Kanhaway, and a sufficiency at all times for -light batteaux and canoes to Fort Pitt. The rapids are in latitude -38° 8'. The inundations of this river begin about the last -of March, and subside in July. During these, a first-rate man-of-war -may be carried from Louisville to New Orleans, if the -sudden turns of the river and the strength of its current will admit -a safe steerage. The rapids at Louisville descend about -thirty feet in a length of a mile and a half. The bed of the -river there is a solid rock, and is divided by an island into two -branches, the southern of which is about two hundred yards -wide, and is dry four months in the year. The bed of the northern -branch is worn into channels by the constant course of the -water, and attrition of the pebble stones carried on with that, so -as to be passable for batteaux through the greater part of the -year. Yet it is thought that the southern arm may be the most -easily opened for constant navigation. The rise of the waters -in these rapids does not exceed ten or twelve feet. A part of -this island is so high as to have been never overflowed, and to -command the settlement at Louisville, which is opposite to it. -The fort, however, is situated at the head of the falls. The -ground on the south side rises very gradually. - -The _Tennessee_, Cherokee, or Hogohege river, is six hundred -yards wide at its mouth, a quarter of a mile at the mouth of -Holston, and two hundred yards at Chotee, which is twenty -miles above Holston, and three hundred miles above the mouth -of the Tennessee. This river crosses the southern boundary of -Virginia, fifty-eight miles from the Mississippi. Its current is moderate. -It is navigable for loaded boats of any burden to the -Muscle shoals, where the river passes through the Cumberland -mountain. These shoals are six or eight miles long, passable -downwards for loaded canoes, but not upwards, unless there be a -swell in the river. Above these the navigation for loaded canoes -and batteaux continues to the Long island. This river has its -inundations also. Above the Chickamogga towns is a whirlpool -called the Sucking-pot, which takes in trunks of trees or boats, -and throws them out again half a mile below. It is avoided by -keeping very close to the bank, on the south side. There are -but a few miles portage between a branch of this river and the -navigable waters of the river Mobile, which runs into the Gulf -of Mexico. - -_Cumberland_, or Shawanee river, intersects the boundary between -Virginia and North Carolina sixty-seven miles from the -Mississippi, and again one hundred and ninety-eight miles from -the same river, a little above the entrance of Obey's river into -the Cumberland. Its Clear fork crosses the same boundary about -three hundred miles from the Mississippi. Cumberland is a very -gentle stream, navigable for loaded batteaux eight hundred miles, -without interruption; then intervene some rapids of fifteen miles -in length, after which it is again navigable seventy miles upwards, -which brings you within ten miles of the Cumberland -mountains. It is about one hundred and twenty yards wide -through its whole course, from the head of its navigation to its -mouth. - -The _Wabash_ is a very beautiful river, four hundred yards -wide at the mouth, and three hundred at St. Vincennes, which -is a post one hundred miles above the mouth, in a direct line. -Within this space there are two small rapids, which give very -little obstruction to the navigation. It is four hundred yards -wide at the mouth, and navigable thirty leagues upwards for -canoes and small boats. From the mouth of Maple river to that -of Eel river is about eighty miles in a direct line, the river continuing -navigable, and from one to two hundred yards in width. -The Eel river is one hundred and fifty yards wide, and affords -at all times navigation for periaguas, to within eighteen miles of -the Miami of the Lake. The Wabash, from the mouth of Eel -river to Little river, a distance of fifty miles direct, is interrupted -with frequent rapids and shoals, which obstruct the navigation, -except in a swell. Little river affords navigation during a swell -to within three miles of the Miami, which thence affords a similar -navigation into Lake Erie, one hundred miles distant in a -direct line. The Wabash overflows periodically in correspondence -with the Ohio, and in some places two leagues from its banks. - -_Green River_ is navigable for loaded batteaux at all times fifty -miles upwards; but it is then interrupted by impassable rapids, -above which the navigation again commences and continues -good thirty or forty miles to the mouth of Barren river. - -_Kentucky River_ is ninety yards wide at the mouth, and also -at Boonsborough, eighty miles above. It affords a navigation -for loaded batteaux one hundred and eighty miles in a direct -line, in the winter tides. - -The _Great Miami_ of the Ohio, is two hundred yards wide at -the mouth. At the Piccawee towns, seventy-five miles above, it -is reduced to thirty yards; it is, nevertheless, navigable for loaded -canoes fifty miles above these towns. The portage from its -western branch into the Miami of Lake Erie, is five miles; that -from its eastern branch into Sandusky river, is of nine miles. - -_Salt River_ is at all times navigable for loaded batteaux seventy -or eighty miles. It is eighty yards wide at its mouth, and keeps -that width to its fork, twenty-five miles above. - -The _Little Miami_ of the Ohio, is sixty or seventy yards wide -at its mouth, sixty miles to its source, and affords no navigation. - -The _Sioto_ is two hundred and fifty yards wide at its mouth, -which is in latitude 38° 22', and at the Saltlick towns, two hundred -miles above the mouth, it is yet one hundred yards wide. -To these towns it is navigable for loaded batteaux, and its eastern -branch affords navigation almost to its source. - -_Great Sandy River_ is about sixty yards wide, and navigable -sixty miles for loaded batteaux. - -_Guiandot_ is about the width of the river last mentioned, but -is more rapid. It may be navigated by canoes sixty miles. - -The _Great Kanhaway_ is a river of considerable note for the -fertility of its lands, and still more, as leading towards the head -waters of James river. Nevertheless, it is doubtful whether its -great and numerous rapids will admit a navigation, but at an expense -to which it will require ages to render its inhabitants -equal. The great obstacles begin at what are called the Great -Falls, ninety miles above the mouth, below which are only five -or six rapids, and these passable, with some difficulty, even at -low water. From the falls to the mouth of Greenbriar is one -hundred miles, and thence to the lead mines one hundred and -twenty. It is two hundred and eighty yards wide at its mouth. - -_Hockhocking_ is eighty yards wide at its mouth, and yields -navigation for loaded batteaux to the Press-place, sixty miles -above its mouth. - -The _Little Kanhaway_ is one hundred and fifty yards wide -at the mouth. It yields a navigation of ten miles only. Perhaps -its northern branch, called Junius' creek, which interlocks -with the western of Monongahela, may one day admit a shorter -passage from the latter into the Ohio. - -The _Muskingum_ is two hundred and eighty yards wide at its -mouth, and two hundred yards at the lower Indian towns, one -hundred and fifty miles upwards. It is navigable for small batteaux -to within one mile of a navigable part of Cuyahoga river, -which runs into Lake Erie. - -At Fort Pitt the river Ohio loses its name, branching into the -Monongahela and Alleghany. - -The _Monongahela_ is four hundred yards wide at its mouth. -From thence is twelve or fifteen miles to the mouth of Yohogany, -where it is three hundred yards wide. Thence to Redstone -by water is fifty miles, by land thirty. Then to the mouth -of Cheat river by water forty miles, by land twenty-eight, the -width continuing at three hundred yards, and the navigation -good for boats. Thence the width is about two hundred yards -to the western fork, fifty miles higher, and the navigation frequently -interrupted by rapids, which, however, with a swell of -two or three feet, become very passable for boats. It then admits -light boats, except in dry seasons, sixty-five miles further -to the head of Tygart's valley, presenting only some small rapids -and falls of one or two feet perpendicular, and lessening in its -width to twenty yards. The _Western fork_ is navigable in the -winter ten or fifteen miles towards the northern of the Little -Kanhaway, and will admit a good wagon road to it. The _Yahogany_ -is the principal branch of this river. It passes through -the Laurel mountain, about thirty miles from its mouth; is so -far from three hundred to one hundred and fifty yards wide, and -the navigation much obstructed in dry weather by rapids and -shoals. In its passage through the mountain it makes very great -falls, admitting no navigation for ten miles to the Turkey Foot. -Thence to the Great Crossing, about twenty miles, it is again -navigable, except in dry seasons, and at this place is two hundred -yards wide. The sources of this river are divided from -those of the Potomac by the Alleghany mountain. From the -falls, where it intersects the Laurel mountain, to Fort Cumberland, -the head of the navigation on the Potomac, is forty miles -of very mountainous road. Wills' creek, at the mouth of which -was Fort Cumberland, is thirty or forty yards wide, but affords -no navigation as yet. _Cheat_ river, another considerable branch -of the Monongahela, is two hundred yards wide at its mouth, -and one hundred yards at the _Dunkard's_ settlement, fifty miles -higher. It is navigable for boats, except in dry seasons. The -boundary between Virginia and Pennsylvania crosses it about -three or four miles above its mouth. - -The _Alleghany_ river, with a slight swell, affords navigation -for light batteaux to Venango, at the mouth of French Creek, -where it is two hundred yards wide, and is practised even to Le -Bœuf, from whence there is a portage of fifteen miles to Presque -Isle on the Lake Erie. - -The country watered by the Mississippi and its eastern -branches, constitutes five-eighths of the United States, two of -which five-eighths are occupied by the Ohio and its waters; the -residuary streams which run into the Gulf of Mexico, the Atlantic, -and the St. Lawrence, water the remaining three-eighths. - -Before we quit the subject of the western waters, we will take -a view of their principal connections with the Atlantic. These -are three; the Hudson river, the Potomac, and the Mississippi -itself. Down the last will pass all heavy commodities. But the -navigation through the Gulf of Mexico is so dangerous, and that -up the Mississippi so difficult and tedious, that it is thought probable -that European merchandise will not return through that -channel. It is most likely that flour, timber, and other heavy -articles will be floated on rafts, which will themselves be an article -for sale as well as their loading, the navigators returning by -land, or in light batteaux. There will, therefore, be a competition -between the Hudson and Potomac rivers for the residue of -the commerce of all the country westward of Lake Erie, on the -waters of the lakes, of the Ohio, and upper parts of the Mississippi. -To go to New York, that part of the trade which comes -from the lakes or their waters, must first be brought into Lake -Erie. Between Lake Superior and its waters and Huron, are the -rapids of St. Mary, which will permit boats to pass, but not larger -vessels. Lakes Huron and Michigan afford communication with -Lake Erie by vessels of eight feet draught. That part of the -trade which comes from the waters of the Mississippi must pass -from them through some portage into the waters of the lakes. -The portage from the Illinois river into a water of Michigan is -of one mile only. From the Wabash, Miami, Muskingum, or -Alleghany, are portages into the waters of Lake Erie, of from one -to fifteen miles. When the commodities are brought into, and -have passed through Lake Erie, there is between that and Ontario -an interruption by the falls of Niagara, where the portage -is of eight miles; and between Ontario and the Hudson river are -portages at the falls of Onondago, a little above Oswego, of a -quarter of a mile; from Wood creek to the Mohawks river two -miles; at the little falls of the Mohawks river half a mile; and -from Schenectady to Albany sixteen miles. Besides the increase -of expense occasioned by frequent change of carriage, there is an -increased risk of pillage produced by committing merchandise -to a greater number of hands successively. The Potomac offers -itself under the following circumstances: For the trade of the -lakes and their waters westward of Lake Erie, when it shall -have entered that lake, it must coast along its southern shore, on -account of the number and excellence of its harbors; the northern, -though shortest, having few harbors, and these unsafe. -Having reached Cuyahoga, to proceed on to New York it will -have eight hundred and twenty-five miles and five portages; -whereas it is but four hundred and twenty-five miles to Alexandria, -its emporium on the Potomac, if it turns into the Cuyahoga, -and passes through that, Big Beaver, Ohio, Yohogany, (or -Monongahela and Cheat,) and Potomac, and there are but two -portages; the first of which, between Cuyahoga and Beaver, may -be removed by uniting the sources of these waters, which are -lakes in the neighborhood of each other, and in a champaign -country; the other from the waters of Ohio to Potomac will be -from fifteen to forty miles, according to the trouble which shall -be taken to approach the two navigations. For the trade of the -Ohio, or that which shall come into it from its own waters or -the Mississippi, it is nearer through the Potomac to Alexandria -than to New York by five hundred and eighty miles, and it is -interrupted by one portage only. There is another circumstance -of difference too. The lakes themselves never freeze, but the -communications between them freeze, and the Hudson river is -itself shut up by the ice three months in the year; whereas the -channel to the Chesapeake leads directly into a warmer climate. -The southern parts of it very rarely freeze at all, and whenever -the northern do, it is so near the sources of the rivers, that the frequent -floods to which they are there liable, break up the ice immediately, -so that vessels may pass through the whole winter, -subject only to accidental and short delays. Add to all this, -that in case of war with our neighbors, the Anglo-Americans or -the Indians, the route to New York becomes a frontier through -almost its whole length, and all commerce through it ceases -from that moment. But the channel to New York is already -known to practice, whereas the upper waters of the Ohio and the -Potomac, and the great falls of the latter, are yet to be cleared -of their fixed obstructions. (A.) - - -QUERY III. - -_A notice of the best Seaports of the State, and how big are the -vessels they can receive?_ - -Having no ports but our rivers and creeks, this _Query_ has -been answered under the preceding one. - - -QUERY IV. - -_A notice of its Mountains?_ - -For the particular geography of our mountains I must refer -to Fry and Jefferson's map of Virginia; and to Evans' analysis -of this map of America, for a more philosophical view of them -than is to be found in any other work. It is worthy of notice, -that our mountains are not solitary and scattered confusedly over -the face of the country; but that they commence at about one -hundred and fifty miles from the sea-coast, are disposed in -ridges, one behind another, running nearly parallel with the sea-coast, -though rather approaching it as they advance north-eastwardly. -To the south-west, as the tract of country between the -sea-coast and the Mississippi becomes narrower, the mountains -converge into a single ridge, which, as it approaches the Gulf of -Mexico, subsides into plain country, and gives rise to some of -the waters of that gulf, and particularly to a river called the -Apalachicola, probably from the Apalachies, an Indian nation -formerly residing on it. Hence the mountains giving rise to -that river, and seen from its various parts, were called the Appalachian -mountains, being in fact the end or termination only of -the great ridges passing through the continent. European geographers, -however, extended the name northwardly as far as the -mountains extended; some giving it, after their separation into -different ridges, to the Blue Ridge, others to the North Mountain, -others to the Alleghany, others to the Laurel Ridge, as may be -seen by their different maps. But the fact I believe is, that none -of these ridges were ever known by that name to the inhabitants, -either native or emigrant, but as they saw them so called -in European maps. In the same direction, generally, are the -veins of limestone, coal, and other minerals hitherto discovered; -and so range the falls of our great rivers. But the courses of the -great rivers are at right angles with these. James and Potomac -penetrate through all the ridges of mountains eastward of the -Alleghany; that is, broken by no water course. It is in fact the -spine of the country between the Atlantic on one side, and the -Mississippi and St. Lawrence on the other. The passage of the -Potomac through the Blue Ridge is, perhaps, one of the most stupendous -scenes in nature. You stand on a very high point of land. -On your right comes up the Shenandoah, having ranged along the -foot of the mountain an hundred miles to seek a vent. On your left -approaches the Potomac, in quest of a passage also. In the moment -of their junction, they rush together against the mountain, -rend it asunder, and pass off to the sea. The first glance of this -scene hurries our senses into the opinion, that this earth has been -created in time, that the mountains were formed first, that the -rivers began to flow afterwards, that in this place, particularly, -they have been dammed up by the Blue Ridge of mountains, -and have formed an ocean which filled the whole valley; that -continuing to rise they have at length broken over at this spot, -and have torn the mountain down from its summit to its base. -The piles of rock on each hand, but particularly on the Shenandoah, -the evident marks of their disrupture and avulsion from -their beds by the most powerful agents of nature, corroborate the -impression. But the distant finishing which nature has given to -the picture, is of a very different character. It is a true contrast -to the foreground. It is as placid and delightful as that is wild -and tremendous. For the mountain being cloven asunder, she -presents to your eye, through the cleft, a small catch of smooth -blue horizon, at an infinite distance in the plain country, inviting -you, as it were, from the riot and tumult roaring around, to pass -through the breach and participate of the calm below. Here -the eye ultimately composes itself; and that way, too, the road -happens actually to lead. You cross the Potomac above the -junction, pass along its side through the base of the mountain -for three miles, its terrible precipices hanging in fragments over -you, and within about twenty miles reach Fredericktown, and the -fine country round that. This scene is worth a voyage across -the Atlantic. Yet here, as in the neighborhood of the Natural -Bridge, are people who have passed their lives within half a -dozen miles, and have never been to survey these monuments of -a war between rivers and mountains, which must have shaken -the earth itself to its centre. (B.) - -The height of our mountains has not yet been estimated with -any degree of exactness. The Alleghany being the great ridge -which divides the waters of the Atlantic from those of the Mississippi, -its summit is doubtless more elevated above the ocean than -that of any other mountain. But its relative height, compared -with the base on which it stands, is not so great as that of some -others, the country rising behind the successive ridges like the -steps of stairs. The mountains of the Blue Ridge, and of these -the Peaks of Otter, are thought to be of a greater height, measured -from their base, than any others in our country, and perhaps -in North America. From data, which may found a tolerable -conjecture, we suppose the highest peak to be about four thousand -feet perpendicular, which is not a fifth part of the height of the -mountains of South America, nor one-third of the height which -would be necessary in our latitude to preserve ice in the open -air unmelted through the year. The ridge of mountains next -beyond the Blue Ridge, called by us the North mountain, is of -the greatest extent; for which reason they were named by the -Indians the endless mountains. - -A substance supposed to be Pumice, found floating on the -Mississippi, has induced a conjecture that there is a volcano on -some of its waters; and as these are mostly known to their -sources, except the Missouri, our expectations of verifying the conjecture -would of course be led to the mountains which divide -the waters of the Mexican Gulf from those of the South Sea; -but no volcano having ever yet been known at such a distance -from the sea, we must rather suppose that this floating substance -has been erroneously deemed Pumice. - - -QUERY V. - -_Its Cascades and Caverns?_ - -The only remarkable cascade in this country is that of the -Falling Spring in Augusta. It is a water of James' river where -it is called Jackson's river, rising in the warm spring mountains, -about twenty miles south west of the warm spring, and flowing -into that valley. About three-quarters of a mile from its source -it falls over a rock two hundred feet into the valley below. The -sheet of water is broken in its breadth by the rock, in two or -three places, but not at all in its height. Between the sheet and -the rock, at the bottom, you may walk across dry. This cataract -will bear no comparison with that of Niagara as to the -quantity of water composing it; the sheet being only twelve or -fifteen feet wide above and somewhat more spread below; but -it is half as high again, the latter being only one hundred and -fifty-six feet, according to the mensuration made by order of -M. Vaudreuil, Governor of Canada, and one hundred and thirty -according to a more recent account. - - [Illustration: An eye draught of Madison's cave on a scale of - 67 feet to the inch. The arrows show - where it descends or ascends.] - -In the lime-stone country there are many caverns of very considerable -extent. The most noted is called Madison's Cave, and is on the north side -of the Blue Ridge, near the intersection of the Rockingham and Augusta -line with the south fork of the southern river of Shenandoah. It is in -a hill of about two hundred feet perpendicular height, the ascent of -which, on one side, is so steep that you may pitch a biscuit from its -summit into the river which washes its base. The entrance of the cave -is, in this side, about two-thirds of the way up. It extends into the -earth about three hundred feet, branching into subordinate caverns, -sometimes ascending a little, but more generally descending, and at length -terminates, in two different places, at basins of water of unknown extent, -and which I should judge to be nearly on a level with the water of the -river; however, I do not think they are formed by refluent water from -that, because they are never turbid; because they do not rise and fall -in correspondence with that in times of flood or of drought; and because -the water is always cool. It is probably one of the many reservoirs with -which the interior parts of the earth are supposed to abound, and yield -supplies to the fountains of water, distinguished from others only by -being accessible. The vault of this cave is of solid lime-stone, from -twenty to forty or fifty feet high; through which water is continually -percolating. This, trickling down the sides of the cave, has incrusted -them over in the form of elegant drapery; and dripping from the top -of the vault generates on that and on the base below, stalactites of a -conical form, some of which have met and formed massive columns. - -Another of these caves is near the north mountain, in the county -of Frederic, on the lands of Mr. Zane. The entrance into -this is on the top of an extensive ridge. You descend thirty or -forty feet, as into a well, from whence the cave extends, nearly -horizontally, four hundred feet into the earth, preserving a breadth -of from twenty to fifty feet, and a height of from five to twelve -feet. After entering this cave a few feet, the mercury, which in -the open air was 50°, rose to 57° of Fahrenheit's thermometer, -answering to 11° of Reaumur's, and it continued at that to the -remotest parts of the cave. The uniform temperature of the -cellars of the observatory of Paris, which are ninety feet deep, -and of all subterraneous cavities of any depth, where no chemical -agencies may be supposed to produce a factitious heat, has -been found to be 10° of Reaumur, equal to 54½° of Fahrenheit. -The temperature of the cave above mentioned so nearly corresponds -with this, that the difference may be ascribed to a difference -of instruments. - -At the Panther gap, in the ridge which divides the waters of -the Crow and the Calf pasture, is what is called the _Blowing -Cave_. It is in the side of a hill, is of about one hundred feet -diameter, and emits constantly a current of air of such force as -to keep the weeds prostrate to the distance of twenty yards before -it. This current is strongest in dry, frosty weather, and in -long spells of rain weakest. Regular inspirations and expirations -of air, by caverns and fissures, have been probably enough -accounted for by supposing them combined with intermitting -fountains; as they must of course inhale air while their reservoirs -are emptying themselves, and again emit it while they are filling. -But a constant issue of air, only varying in its force as the -weather is drier or damper, will require a new hypothesis. There -is another blowing cave in the Cumberland mountain, about a -mile from where it crosses the Carolina line. All we know of -this is, that it is not constant, and that a fountain of water issues -from it. - -The _Natural Bridge_, the most sublime of nature's works, -though not comprehended under the present head, must not be -pretermitted. It is on the ascent of a hill, which seems to have -been cloven through its length by some great convulsion. The -fissure, just at the bridge, is, by some admeasurements, two hundred -and seventy feet deep, by others only two hundred and five. -It is about forty-five feet wide at the bottom and ninety feet at -the top; this of course determines the length of the bridge, -and its height from the water. Its breadth in the middle is -about sixty feet, but more at the ends, and the thickness of the -mass, at the summit of the arch, about forty feet. A part of -this thickness is constituted by a coat of earth, which gives -growth to many large trees. The residue, with the hill on both -sides, is one solid rock of lime-stone. The arch approaches the -semi-elliptical form; but the larger axis of the ellipsis, which -would be the cord of the arch, is many times longer than the -transverse. Though the sides of this bridge are provided in some -parts with a parapet of fixed rocks, yet few men have resolution -to walk to them, and look over into the abyss. You involuntarily -fall on your hands and feet, creep to the parapet, and peep -over it. Looking down from this height about a minute, gave -me a violent head-ache. If the view from the top be painful -and intolerable, that from below is delightful in an equal extreme. -It is impossible for the emotions arising from the sublime -to be felt beyond what they are here; so beautiful an arch, -so elevated, so light, and springing as it were up to heaven! the -rapture of the spectator is really indescribable! The fissure continuing -narrow, deep, and straight, for a considerable distance -above and below the bridge, opens a short but very pleasing view -of the North mountain on one side and the Blue Ridge on the -other, at the distance each of them of about five miles. This -bridge is in the county of Rockbridge, to which it has given -name, and affords a public and commodious passage over a valley -which cannot be crossed elsewhere for a considerable distance. -The stream passing under it is called Cedar-creek. It is -a water of James' river, and sufficient in the driest seasons to -turn a grist-mill, though its fountain is not more than two miles -above.[2] - -FOOTNOTE: - - [2] Don Ulloa mentions a break, similar to this, in the - province of Angaraez, in South America. It is from sixteen - to twenty-two feet wide, one hundred and eleven feet deep, - and of 1.3 miles continuance, English measure. Its breadth - at top is not sensibly greater than at bottom. But the - following fact is remarkable, and will furnish some light - for conjecturing the probable origin of our natural bridge. - "Esta caxa, ó cauce está cortada en péna viva con tanta - precision, que las desigualdades del un lado entrantes, - corresponden á las del otro lado salientes, como si aquella - altura se hubiese abierto expresamente, con sus bueltas y - tortuosidades, para darle transito á los aguas por entre - los dos morallones que la forman; siendo tal su igualdad, - que si llegasen á juntarse se endentarian uno con otro sin - dextar hueco." Not. Amer. ii. § 10. Don Ulloa inclines to - the opinion that this channel has been effected by the - wearing of the water which runs through it, rather than - that the mountain should have been broken open by any - convulsion of nature. But if it had been worn by the running - of water, would not the rocks which form the sides, have - been worn plain? or if, meeting in some parts with veins - of harder stone, the water had left prominences on the one - side, would not the same cause have sometimes, or perhaps - generally, occasioned prominences on the other side also? - Yet Don Ulloa tells us, that on the other side there are - always corresponding cavities, and that these tally with the - prominences so perfectly, that, were the two sides to come - together they would fit in all their indentures, without - leaving any void. I think that this does not resemble the - effect of running water, but looks rather as if the two - sides had parted asunder. The sides of the break, over which - is the natural bridge of Virginia, consisting of a veiny - rock which yields to time, the correspondence between the - salient and re-entering inequalities, if it existed at all, - has now disappeared. This break has the advantage of the - one described by Don Ulloa in its finest circumstance; no - portion in that instance having held together, during the - separation of the other parts, so as to form a bridge over - the abyss. - - -QUERY VI. - -_A notice of the mines and other subterraneous riches; its trees, -plants, fruits, &c._ - -I knew a single instance of gold found in this State. It was -interspersed in small specks through a lump of ore of about four -pounds weight, which yielded seventeen pennyweights of gold, of -extraordinary ductility. This ore was found on the north side -of Rappahanoc, about four miles below the falls. I never heard -of any other indication of gold in its neighborhood. - -On the Great Kanhaway, opposite to the mouth of Cripple -creek, and about twenty-five miles from our southern boundary, -in the county of Montgomery, are mines of lead. The metal is -mixed, sometimes with earth, and sometimes with rock, which -requires the force of gunpowder to open it; and is accompanied -with a portion of silver too small to be worth separation under -any process hitherto attempted there. The proportion yielded is -from fifty to eighty pounds of pure metal from one hundred -pounds of washed ore. The most common is that of sixty to -one hundred pounds. The veins are sometimes most flattering, -at others they disappear suddenly and totally. They enter -the side of the hill and proceed horizontally. Two of them are -wrought at present by the public, the best of which is one hundred -yards under the hill. These would employ about fifty laborers -to advantage. We have not, however, more than thirty -generally, and these cultivate their own corn. They have produced -sixty tons of lead in the year; but the general quantity -is from twenty to twenty-five tons. The present furnace is a -mile from the ore bank and on the opposite side of the river. -The ore is first wagoned to the river, a quarter of a mile, then -laden on board of canoes and carried across the river, which is -there about two hundred yards wide, and then again taken into -wagons and carried to the furnace. This mode was originally -adopted that they might avail themselves of a good situation on -a creek for a pounding mill; but it would be easy to have -the furnace and pounding mill on the same side of the river, -which would yield water, without any dam, by a canal of about -half a mile in length. From the furnace the lead is transported -one hundred and thirty miles along a good road, leading through -the peaks of Otter to Lynch's ferry, or Winston's on James' river, -from whence it is carried by water about the same distance to -Westham. This land carriage may be greatly shortened, by delivering -the lead on James' river, above the Blue Ridge, from -whence a ton weight has been brought on two canoes. The -Great Kanhaway has considerable falls in the neighborhood of -the mines. About seven miles below are three falls, of three -or four feet perpendicular each; and three miles above is a rapid -of three miles continuance, which has been compared in its descent -to the great falls of James' river. Yet it is the opinion, -that they may be laid open for useful navigation, so as to reduce -very much the portage between the Kanhaway and James' -river. - -A valuable lead mine is said to have been lately discovered in -Cumberland, below the mouth of Red river. The greatest, -however, known in the western country, are on the Mississippi, -extending from the mouth of Rock river one hundred and fifty -miles upwards. These are not wrought, the lead used in that -country being from the banks on the Spanish side of the Mississippi, -opposite to Kaskaskia. - -A mine of copper was once opened in the county of Amherst, -on the north side of James' river, and another in the opposite -country, on the south side. However, either from bad management -or the poverty of the veins, they were discontinued. We -are told of a rich mine of native copper on the Ouabache, below -the upper Wiaw. - -The mines of iron worked at present are Callaway's, Ross's, -and Ballendine's, on the south side of James' river; Old's on the -north side, in Albemarle; Miller's in Augusta, and Zane's in -Frederic. These two last are in the valley between the Blue -Ridge and North mountain. Callaway's, Ross's, Miller's, and -Zane's make about one hundred and fifty tons of bar iron each, -in the year. Ross's makes also about sixteen hundred tons of -pig iron annually; Ballendine's one thousand; Callaway's, Miller's, -and Zane's, about six hundred each. Besides these, a -forge of Mr. Hunter's, at Fredericksburg, makes about three hundred -tons a year of bar iron, from pigs imported from Maryland; -and Taylor's forge on Neapsco of Potomac, works in the same -way, but to what extent I am not informed. The indications -of iron in other places are numerous, and dispersed through all -the middle country. The toughness of the cast iron of Ross's -and Zane's furnaces is very remarkable. Pots and other utensils, -cast thinner than usual, of this iron, may be safely thrown -into, or out of the wagons in which they are transported. Salt-pans -made of the same, and no longer wanted for that purpose, -cannot be broken up, in order to be melted again, unless previously -drilled in many parts. - -In the western country, we are told of iron mines between the -Muskingum and Ohio; of others on Kentucky, between the -Cumberland and Barren rivers, between Cumberland and Tennessee, -on Reedy creek, near the Long Island, and on Chesnut -creek, a branch of the Great Kanhaway, near where it crosses -the Carolina line. What are called the iron banks, on the Mississippi, -are believed, by a good judge, to have no iron in them. -In general, from what is hitherto known of that country, it seems -to want iron. - -Considerable quantities of black lead are taken occasionally -for use from Winterham in the county of Amelia. I am not -able, however, to give a particular state of the mine. There is -no work established at it; those who want, going and procuring -it for themselves. - -The country on James' river, from fifteen to twenty miles -above Richmond, and for several miles northward and southward, -is replete with mineral coal of a very excellent quality. -Being in the hands of many proprietors, pits have been opened, -and, before the interruption of our commerce, were worked to -an extent equal to the demand. - -In the western country coal is known to be in so many places, -as to have induced an opinion, that the whole tract between the -Laurel mountain, Mississippi, and Ohio, yields coal. It is also -known in many places on the north side of the Ohio. The -coal at Pittsburg is of very superior quality. A bed of it at that -place has been a-fire since the year 1765. Another coal-hill on -the Pike-run of Monongahela has been a-fire ten years; yet it -has burnt away about twenty yards only. - -I have known one instance of an emerald found in this country. -Amethysts have been frequent, and crystals common; yet -not in such numbers any of them as to be worth seeking. - -There is very good marble, and in very great abundance, on -James' river, at the mouth of Rockfish. The samples I have -seen, were some of them of a white as pure as one might expect -to find on the surface of the earth; but most of them were variegated -with red, blue, and purple. None of it has been ever -worked. It forms a very large precipice, which hangs over a -navigable part of the river. It is said there is marble at Kentucky. - -But one vein of limestone is known below the Blue Ridge. -Its first appearance, in our country, is in Prince William, two -miles below the Pignut ridge of mountains; thence it passes on -nearly parallel with that, and crosses the Rivanna about five -miles below it, where it is called the South-west ridge. It then -crosses Hard-ware, above the mouth of Hudson's creek, James' -river at the mouth of Rockfish, at the marble quarry before -spoken of, probably runs up that river to where it appears again -at Ross's iron-works, and so passes off south-westwardly by Flat -Creek of Otter river. It is never more than one hundred yards -wide. From the Blue Ridge westwardly, the whole country -seems to be founded on a rock of limestone, besides infinite -quantities on the surface, both loose and fixed. This is cut into -beds, which range, as the mountains and sea-coast do, from -south-west to north-east, the lamina of each bed declining from -the horizon towards a parallelism with the axis of the earth. -Being struck with this observation, I made, with a quadrant, a -great number of trials on the angles of their declination, and -found them to vary from 22° to 60°; but averaging all my -trials, the result was within one-third of a degree of the elevation -of the pole or latitude of the place, and much the greatest part -of them taken separately were little different from that; by which -it appears, that these lamina are, in the main, parallel with the -axis of the earth. In some instances, indeed, I found them perpendicular, -and even reclining the other way; but these were -extremely rare, and always attended with signs of convulsion, -or other circumstances of singularity, which admitted a possibility -of removal from their original position. These trials were -made between Madison's cave and the Potomac. We hear of -limestone on the Mississippi and Ohio, and in all the mountainous -country between the eastern and western waters, not on the -mountains themselves, but occupying the valleys between them. - -Near the eastern foot of the North mountain are immense bodies -of _Schist_; containing impressions of shells in a variety of -forms. I have received petrified shells of very different kinds -from the first sources of Kentucky, which bear no resemblance -to any I have ever seen on the tide-waters. It is said that shells -are found in the Andes, in South America, fifteen thousand feet -above the level of the ocean. This is considered by many, both -of the learned and unlearned, as a proof of an universal deluge. -To the many considerations opposing this opinion, the following -may be added: The atmosphere, and all its contents, whether -of water, air, or other matter, gravitate to the earth; that is to -say, they have weight. Experience tells us, that the weight of -all these together never exceeds that of a column of mercury of -thirty-one inches height, which is equal to one of rain water of -thirty-five feet high. If the whole contents of the atmosphere, -then, were water, instead of what they are, it would cover the -globe but thirty-five feet deep; but as these waters, as they fell, -would run into the seas, the superficial measure of which is to -that of the dry parts of the globe, as two to one, the seas would -be raised only fifty-two and a half feet above their present level, -and of course would overflow the lands to that height only. In -Virginia this would be a very small proportion even of the champaign -country, the banks of our tide-waters being frequently, if -not generally, of a greater height. Deluges beyond this extent, -then, as for instance, to the North mountain or to Kentucky, -seem out of the laws of nature. But within it they may have -taken place to a greater or less degree, in proportion to the combination -of natural causes which may be supposed to have produced -them. History renders probably some instances of a partial -deluge in the country lying round the Mediterranean sea. -It has been often[3] supposed, and it is not unlikely, that that sea -was once a lake. While such, let us admit an extraordinary -collection of the waters of the atmosphere from the other parts -of the globe to have been discharged over that and the countries -whose waters run into it. Or without supposing it a lake, admit -such an extraordinary collection of the waters of the atmosphere, -and an influx from the Atlantic ocean, forced by long-continued -western winds. The lake, or that sea, may thus have -been so raised as to overflow the low lands adjacent to it, as -those of Egypt and Armenia, which, according to a tradition of -the Egyptians and Hebrews, were overflowed about two thousand -three hundred years before the Christian era; those of -Attica, said to have been overflowed in the time of Ogyges, -about five hundred years later; and those of Thessaly, in the -time of Deucalion, still three hundred years posterior. But such -deluges as these will not account for the shells found in the -higher lands. A second opinion has been entertained, which is, -that in times anterior to the records either of history or tradition, -the bed of the ocean, the principal residence of the shelled tribe, -has, by some great convulsion of nature, been heaved to the -heights at which we now find shells and other marine animals. -The favorers of this opinion do well to suppose the great events -on which it rests to have taken place beyond all the eras of history; -for within these, certainly, none such are to be found; and -we may venture to say farther, that no fact has taken place, either -in our own days, or in the thousands of years recorded in history, -which proves the existence of any natural agents, within or -without the bowels of the earth, of force sufficient to heave, to -the height of fifteen thousand feet, such masses as the Andes. -The difference between the power necessary to produce such an -effect, and that which shuffled together the different parts of -Calabria in our days, is so immense, that from the existence of -the latter, we are not authorized to infer that of the former. - -M. de Voltaire has suggested a third solution of this difficulty. -(Quest. Encycl. Coquilles.) He cites an instance in Touraine, -where, in the space of eighty years, a particular spot of earth -had been twice metamorphosed into soft stone, which had become -hard when employed in building. In this stone shells of -various kinds were produced, discoverable at first only with a -microscope, but afterwards growing with the stone. From this -fact, I suppose, he would have us infer, that, besides the usual -process for generating shells by the elaboration of earth and -water in animal vessels, nature may have provided an equivalent -operation, by passing the same materials through the pores of -calcareous earths and stones; as we see calcareous drop-stones -generating every day, by the percolation of water through limestone, -and new marble forming in the quarries from which the -old has been taken out. And it might be asked, whether is it -more difficult for nature to shoot the calcareous juice into the -form of a shell, than other juices into the forms of crystals, plants, -animals, according to the construction of the vessels through -which they pass? There is a wonder somewhere. Is it greatest -on this branch of the dilemma; on that which supposes the -existence of a power, of which we have no evidence in any -other case; or on the first, which requires us to believe the creation -of a body of water and its subsequent annihilation? The -establishment of the instance, cited by M. de Voltaire, of the -growth of shells unattached to animal bodies, would have been -that of his theory. But he has not established it. He has not -even left it on ground so respectable as to have rendered it an -object of inquiry to the _literati_ of his own country. Abandoning -this fact, therefore, the three hypotheses are equally unsatisfactory; -and we must be contented to acknowledge, that this -great phenomenon is as yet unsolved. Ignorance is preferable -to error; and he is less remote from the truth who believes nothing, -than he who believes what is wrong. - -There is great abundance (more especially when you approach -the mountains) of stone, white, blue, brown, &c., fit for the chisel, -good mill-stone, such also as stands the fire, and slate stone. We -are told of flint, fit for gun-flints, on the Meherrin in Brunswick, -on the Mississippi between the mouth of the Ohio and Kaskaskia, -and on others of the western waters. Isinglass or mica is in -several places; loadstone also; and an Asbestos of a ligneous texture, -is sometimes to be met with. - -Marle abounds generally. A clay, of which, like the Sturbridge -in England, bricks are made, which will resist long the -violent action of fire, has been found on Tuckahoe creek of -James' river, and no doubt will be found in other places. Chalk -is said to be in Botetourt and Bedford. In the latter county is some -earth believed to be gypseous. Ochres are found in various parts. - -In the lime-stone country are many caves, the earthy floors -of which are impregnated with nitre. On Rich creek, a branch -of the Great Kanhaway, about sixty miles below the lead mines, -is a very large one, about twenty yards wide, and entering a hill -a quarter or half a mile. The vault is of rock, from nine to fifteen -or twenty feet above the floor. A Mr. Lynch, who gives -me this account, undertook to extract the nitre. Besides a coat -of the salt which had formed on the vault and floor, he found -the earth highly impregnated to the depth of seven feet in some -places, and generally of three, every bushel yielding on an average -three pounds of nitre. Mr. Lynch having made about ten -hundred pounds of the salt from it, consigned it to some others, -who have since made ten thousand pounds. They have done -this by pursuing the cave into the hill, never trying a second -time the earth they have once exhausted, to see how far or soon -it receives another impregnation. At least fifty of these caves -are worked on the Greenbriar. There are many of them known -on Cumberland river. - -The country westward of the Alleghany abounds with springs -of common salt. The most remarkable we have heard of are -at Bullet's-lick, the Big-bones, the Blue-licks, and on the north -fork of Holston. The area of Bullet's-lick is of many acres. -Digging the earth to the depth of three feet the water begins to -boil up, and the deeper you go and the drier the weather, the -stronger is the brine. A thousand gallons of water yield from a -bushel to a bushel and a half of salt, which is about eighty -pounds of water to one pound of salt. So that sea-water is -more than three times as strong as that of these springs. A salt -spring has been lately discovered at the Turkey foot on Yohogany, -by which river it is overflowed, except at very low water. -Its merit is not yet known. Dunning's lick is also as yet untried, -but it is supposed to be the best on this side the Ohio. The salt -springs on the margin of the Onondago lake are said to give a -saline taste to the waters of the lake. - -There are several medicinal springs, some of which are indubitably -efficacious, while others seem to owe their reputation -as much to fancy and change of air and regimen, as to their real -virtues. None of them having undergone a chemical analysis -in skilful hands, nor been so far the subject of observations as to -have produced a reduction into classes of the disorders which -they relieve; it is in my power to give little more than an enumeration -of them. - -The most efficacious of these are two springs in Augusta near -the first sources of James' river, where it is called Jackson's river. -They rise near the foot of the ridge of mountains generally -called the Warm spring mountains, but in the maps Jackson's -mountains. The one distinguished by the name of the Warm -spring, and the other of the Hot spring. The Warm spring issues -with a very bold stream, sufficient to work a grist mill and -to keep the waters of its basin, which is thirty feet in diameter, -at the vital warmth, viz. 96° of Fahrenheit's thermometer. The -matter with which these waters is allied is very volatile; its -smell indicates it to be sulphureous, as also does the circumstance -of its turning silver black. They relieve rheumatisms. Other -complaints also of very different natures have been removed or -lessened by them. It rains here four or five days in every -week. - -The _Hot spring_ is about six miles from the Warm, is much -smaller, and has been so hot as to have boiled an egg. Some -believe its degree of heat to be lessened. It raises the mercury -in Fahrenheit's thermometer to 112 degrees, which is fever heat. -It sometimes relieves where the Warm fails. A fountain of common -water, issuing within a few inches of its margin, gives it a -singular appearance. Comparing the temperature of these with -that of the Hot springs of Kamschatka, of which Krachininnikow -gives an account, the difference is very great, the latter raising -the mercury to 200° which is within 12° of boiling water. -These springs are very much resorted to in spite of a total want -of accommodation for the sick. Their waters are strongest in -the hottest months, which occasions their being visited in July and -August principally. - -The Sweet springs are in the county of Botetourt, at the eastern -foot of the Alleghany, about forty-two miles from the Warm -springs. They are still less known. Having been found to relieve -cases in which the others had been ineffectually tried, it is -probable their composition is different. They are different also -in their temperature, being as cold as common water; which is -not mentioned, however, as a proof of a distinct impregnation. -This is among the first sources of James' river. - -On Potomac river, in Berkley county, above the North mountain, -are medicinal springs, much more frequented than those of -Augusta. Their powers, however, are less, the waters weakly -mineralized, and scarcely warm. They are more visited, because -situated in a fertile, plentiful, and populous country, better provided -with accommodations, always safe from the Indians, and -nearest to the more populous States. - -In Louisa county, on the head waters of the South Ann branch -of York river, are springs of some medicinal virtue. They are -not much used however. There is a weak chalybeate at Richmond; -and many others in various parts of the country, which -are of too little worth, or too little note, to be enumerated after -those before mentioned. - -We are told of a sulphur spring on Howard's creek of Greenbriar, -and another at Boonsborough on Kentucky. - -In the low grounds of the Great Kanhaway, seven miles above -the mouth of Elk river, and sixty-seven above that of the Kanhaway -itself, is a hole in the earth of the capacity of thirty or -forty gallons, from which issues constantly a bituminous vapor, -in so strong a current as to give to the sand about its orifice the -motion which it has in a boiling spring. On presenting a lighted -candle or torch within eighteen inches of the hole it flames -up in a column of eighteen inches in diameter, and four or five -feet height, which sometimes burns out within twenty minutes, -and at other times has been known to continue three days, and -then has been still left burning. The flame is unsteady, of the -density of that of burning spirits, and smells like burning pit -coal. Water sometimes collects in the basin, which is remarkably -cold, and is kept in ebullition by the vapor issuing through -it. If the vapor be fired in that state, the water soon becomes -so warm that the hand cannot bear it, and evaporates wholly in -a short time. This, with the circumjacent lands, is the property -of His Excellency General Washington and of General Lewis. - -There is a similar one on Sandy river, the flame of which is -a column of about twelve inches diameter, and three feet high. -General Clarke, who informs me of it, kindled the vapor, staid -about an hour, and left it burning. - -The mention of uncommon springs leads me to that of Syphon -fountains. There is one of these near the intersection of -the Lord Fairfax's boundary with the North mountain, not far -from Brock's gap, on the stream of which is a grist mill, which -grinds two bushel of grain at every flood of the spring; another -near Cow-pasture river, a mile and a half below its confluence -with the Bull-pasture river, and sixteen or seventeen miles from -Hot springs, which intermits once in every twelve hours; one -also near the mouth of the north Holston. - -After these may be mentioned the _Natural Well_, on the lands -of a Mr. Lewis in Frederick county. It is somewhat larger than -a common well; the water rises in it as near the surface of the -earth as in the neighboring artificial wells, and is of a depth as -yet unknown. It is said there is a current in it tending sensibly -downwards. If this be true, it probably feeds some fountain, -of which it is the natural reservoir, distinguished from others, -like that of Madison's cave, by being accessible. It is used -with a bucket and windlass as an ordinary well. - -A complete catalogue of the trees, plants, fruits, &c., is probably -not desired. I will sketch out those which would principally -attract notice, as being first, Medicinal; second, Esculent; -third, Ornamental; or four, useful for fabrication; adding the -Linnæan to the popular names, as the latter might not convey -precise information to a foreigner. I shall confine myself too to -native plants. - - 1. Senna. Cassia ligustrina. - Arsmart. Polygonum Sagittatum. - Clivers, or goose-grass. Galium spurium. - Lobelia of several species. - Palma Christi. Ricinus. - (3,) Jamestown weed. Datura Stramonium. - Mallow. Malva rotundafolia. - Syrian mallow. Hibiscus moschentos. - Hibiscus Virginicus. - Indian mallow. Sida rhombifolia. - Sida abutilon. - Virginia marshmallow. Napæa hermaphrodita. - Napæa dioica. - Indian physic. Spirea trifoliata. - Euphorbia Ipecacuanhæ. - Pleurisy root. Asclepias decumbens. - Virginia snake-root. Aristolochia serpentaria. - Black snake-root. Actæa racemosa. - Seneca rattlesnake-root. Polygala Senega. - Valerian. Valeriana locusta radiata. - Gentiana, Saponaria, Villosa & Centaurium. - Ginseng. Panax quinquefolius. - Angelica. Angelica sylvestris. - Cassava. Jatropha urens. - - 2. Tuckahoe. Lycoperdon tuber. - Jerusalem artichoke. Helianthus tuberosus. - Long potatoes. Convolvulus batatas. - Granadillas. Maycocks, Maracocks, Passiflora incarnata. - Panic. Panicum of many species. - Indian millet. Holcus laxus. - Indian millet. Holcus striosus. - Wild oat. Zizania aquatica. - Wild pea. Dolichos of Clayton. - Lupine. Lupinus perennis. - Wild hop. Humulus lupulus. - Wild cherry. Prunus Virginiana. - Cherokee plum. Prunus sylvestris fructu majori. Clayton.} - Wild plum. Prunus sylvestris fructu minori. Clayton. } - Wild crab apple. Pyrus coronaria. - Red mulberry. Morus rubra. - Persimmon. Diospiros Virginiana. - Sugar maple. Acer saccarinum. - Scaly bark hiccory. Juglans alba cortice squamoso. Clayton. - Common hiccory. Juglans alba, fructu minore rancido. Clayton. - Paccan, or Illinois nut. Not described by Linnæus, Millar, or Clayton. - Were I to venture to describe this, speaking of the fruit from memory, - and of the leaf from plants of two years' growth, I should specify it as - Juglans alba, foliolis lanceolatis, acuminatis, serratis, tomentosis, fructu - minore, ovato, compresso, vix insculpto, dulci, putamine tenerrimo. It - grows on the Illinois, Wabash, Ohio, and Mississippi. It is spoken of - by Don Ulloa under the name of Pacanos, in his Noticias Americanas. - Entret. 6. - Black walnut. Juglans nigra. - White walnut. Juglans alba. - Chesnut. Fagus castanea. - Chinquapin. Fagus pumila. - Hazlenut. Corylus avellana. - Grapes. Vitis. Various kinds; though only three described by Clayton. - Scarlet strawberries. Fragaria Virginiana of Millar. - Whortleberries. Vaccinium uliginosum. - Wild gooseberries. Ribes grossularia. - Cranberries. Vaccinium oxycoccos. - Black raspberries. Rubus occidentalis. - Blackberries. Rubus fruticosus. - Dewberries. Rubus cæsius. - Cloudberries. Rubus Chamæmorus. - - 3. Plane tree. Platanus occidentalis. - Poplar. Liriodendron tulipifera. - Populus heterophylla. - Black poplar. Populus nigra. - Aspen. Populus tremula. - Linden, or lime. Telia Americana. - Red flowering maple. Acer rubrum. - Horse-chesnut, or buck's-eye. Æsculus pavia. - Catalpa. Bignonia catalpa. - Umbrella. Magnolia tripetala. - Swamp laurel. Magnolia glauca. - Cucumber-tree. Magnolia acuminata. - Portugal bay. Laurus indica. - Red bay. Laurus borbonia. - Dwarf-rose bay. Rhododendron maximum. - Laurel of the western country. Qu. species? - Wild pimento. Laurus benzoin. - Sassafras. Laurus sassafras. - Locust. Robinia pseudo-acacia. - Honey-locust. Gleditsia. 1. _b_ - Dogwood. Cornus florida. - Fringe, or snow-drop tree. Chionanthus Virginica. - Barberry. Barberis vulgaris. - Redbud, or Judas-tree. Cercis Canadensis. - Holly. Ilex aquifolium. - Cockspur hawthorn. Cratægus coccinea. - Spindle-tree. Euonymus Europæus. - Evergreen spindle-tree. Euonymus Americanus. - Itea Virginica. - Elder. Sambucus nigra. - Papaw. Annona triloba. - Candleberry myrtle. Myrica cerifera. - Dwarf laurel. Kalmia angustifolia} called ivy with us. - Kalmia latifolia } - Ivy. Hedera quinquefolia. - Trumpet honeysuckle. Lonicera sempervirens. - Upright honeysuckle. Azalea nudiflora. - Yellow jasmine. Bignonia sempervirens. - Calycanthus floridus. - American aloe. Agave Virginica. - Sumach. Rhus. Qu. species? - Poke. Phytolacca decandra. - Long moss. Tillandsia Usneoides. - - 4. Reed. Arundo phragmitis. - Virginia hemp. Acnida cannabina. - Flax. Linum Virginianum. - Black, or pitch-pine. Pinus tæda. - White pine. Pinus strobus. - Yellow pine. Pinus Virginica. - Spruce pine. Pinus foliis singularibus. Clayton. - Hemlock spruce Fir. Pinus Canadensis. - Arbor vitæ. Thuya occidentalis. - Juniper. Juniperus Virginica (called cedar with us.) - Cypress. Cupressus disticha. - White cedar. Cupressus Thyoides. - Black oak. Quercus nigra. - White oak. Quercus alba. - Red oak. Quercus rubra. - Willow oak. Quercus phellos. - Chesnut oak. Quercus prinus. - Black jack oak. Quercus aquatica. Clayton. - Ground oak. Quercus pumila. Clayton. - Live oak. Quercus Virginiana. Millar. - Black birch. Betula nigra. - White birch. Betula alba. - Beach. Fagus sylvatica. - Ash. Fraxinus Americana. - Fraxinus Novæ Angliæ. Millar. - Elm. Ulmus Americana. - Willow. Salix. Qu. species? - Sweet gum. Liquidambar styraciflua. - -The following were found in Virginia when first visited by -the English; but it is not said whether of spontaneous growth, -or by cultivation only. Most probably they were natives of -more southern climates, and handed along the continent from -one nation to another of the savages. - - Tobacco. Nicotiana. - Maize. Zea mays. - Round potatoes. Solanum tuberosum. - Pumpkins. Cucurbita pepo. - Cymlings. Cucurbita verrucosa. - Squashes. Cucurbita melopepo. - -There is an infinitude of other plants and flowers, for an -enumeration and scientific description of which I must refer to -the Flora Virginica of our great botanist, Dr. Clayton, published -by Gronovius at Leyden, in 1762. This accurate observer was -a native and resident of this State, passed a long life in exploring -and describing its plants, and is supposed to have enlarged -the botanical catalogue as much as almost any man who has -lived. - -Besides these plants, which are native, our _farms_ produce -wheat, rye, barley, oats, buck-wheat, broom corn, and Indian -corn. The climate suits rice well enough, wherever the lands -do. Tobacco, hemp, flax, and cotton, are staple commodities. -Indigo yields two cuttings. The silk-worm is a native, and the -mulberry, proper for its food, grows kindly. - -We cultivate, also, potatoes, both the long and the round, turnips, -carrots, parsnips, pumkins, and ground nuts (Arachis.) -Our grasses are lucerne, st. foin, burnet, timothy, ray, and -orchard grass; red, white, and yellow clover; greensward, blue -grass, and crab grass. - -The _gardens_ yield musk-melons, water-melons, tomatoes, -okra, pomegranates, figs, and the esculant plants of Europe. - -The _orchards_ produce apples, pears, cherries, quinces, peaches, -nectarines, apricots, almonds, and plums. - -Our quadrupeds have been mostly described by Linnæus and -Mons. de Buffon. Of these the mammoth, or big buffalo, as -called by the Indians, must certainly have been the largest. -Their tradition is, that he was carnivorous, and still exists in the -northern parts of America. A delegation of warriors from the -Delaware tribe having visited the Governor of Virginia, during -the revolution, on matters of business, after these had been discussed -and settled in council, the Governor asked them some -questions relative to their country, and among others, what they -knew or had heard of the animal whose bones were found at the -Saltlicks on the Ohio. Their chief speaker immediately put -himself into an attitude of oratory, and with a pomp suited to -what he conceived the elevation of his subject, informed him -that it was a tradition handed down from their fathers, "That -in ancient times a herd of these tremendous animals came to the -Big-bone licks, and began an universal destruction of the bear, -deer, elks, buffaloes, and other animals which had been created -for the use of the Indians; that the Great Man above, looking -down and seeing this, was so enraged that he seized his lightning, -descended on the earth, seated himself on a neighboring -mountain, on a rock of which his seat and the print of his feet -are still to be seen, and hurled his bolts among them till the -whole were slaughtered, except the big bull, who presenting his -forehead to the shafts, shook them off as they fell; but missing -one at length, it wounded him in the side; whereon, springing -round, he bounded over the Ohio, over the Wabash, the Illinois, -and finally over the great lakes, where he is living at this day." -It is well known, that on the Ohio, and in many parts of America -further north, tusks, grinders, and skeletons of unparalleled magnitude, -are found in great numbers, some lying on the surface of -the earth, and some a little below it. A Mr. Stanley, taken -prisoner near the mouth of the Tennessee, relates, that after being -transferred through several tribes, from one to another, he was -at length carried over the mountains west of the Missouri to a -river which runs westwardly; that these bones abounded there, -and that the natives described to him the animal to which they -belonged as still existing in the northern parts of their country; -from which description he judged it to be an elephant. Bones -of the same kind have been lately found, some feet below the -surface of the earth, in salines opened on the North Holston, a -branch of the Tennessee, about the latitude of 36½° north. From -the accounts published in Europe, I suppose it to be decided -that these are of the same kind with those found in Siberia. -Instances are mentioned of like animal remains found in the -more southern climates of both hemispheres; but they are either -so loosely mentioned as to leave a doubt of the fact, so inaccurately -described as not to authorize the classing them with the -great northern bones, or so rare as to found a suspicion that they -have been carried thither as curiosities from the northern regions. -So that, on the whole, there seem to be no certain vestiges of -the existence of this animal farther south than the salines just -mentioned. It is remarkable that the tusks and skeletons have -been ascribed by the naturalists of Europe to the elephant, while -the grinders have been given to the hippopotamus, or river horse. -Yet it is acknowledged, that the tusks and skeletons are much -larger than those of the elephant, and the grinders many times -greater than those of the hippopotamus, and essentially different -in form. Wherever these grinders are found, there also we find -the tusks and skeleton; but no skeleton of the hippopotamus nor -grinders of the elephant. It will not be said that the hippopotamus -and elephant came always to the same spot, the former to -deposit his grinders, and the latter his tusks and skeleton. For -what became of the parts not deposited there? We must agree -then, that these remains belong to each other, that they are of -one and the same animal, that this was not a hippopotamus, because -the hippopotamus had no tusks, nor such a frame, and because -the grinders differ in their size as well as in the number -and form of their points. That this was not an elephant, I think -ascertained by proofs equally decisive. I will not avail myself -of the authority of the celebrated[4] anatomist, who, from an examination -of the form and structure of the tusks, has declared -they were essentially different from those of the elephant; because -another[5] anatomist, equally celebrated, has declared, on a -like examination, that they are precisely the same. Between -two such authorities I will suppose this circumstance equivocal. -But, 1. The skeleton of the mammoth (for so the incognitum -has been called) bespeaks an animal of five or six times the cubic -volume of the elephant, as Mons. de Buffon has admitted. 2. -The grinders are five times as large, are square, and the grinding -surface studded with four or five rows of blunt points; whereas those -of the elephant are broad and thin, and their grinding surface flat. -3. I have never heard an instance, and suppose there has been -none, of the grinder of an elephant being found in America. 4. -From the known temperature and constitution of the elephant, -he could never have existed in those regions where the remains -of the mammoth have been found. The elephant is a native -only of the torrid zone and its vicinities; if, with the assistance -of warm apartments and warm clothing, he has been preserved -in the temperate climates of Europe, it has only been for a -small portion of what would have been his natural period, and -no instance of his multiplication in them has ever been known. -But no bones of the mammoth, as I have before observed, have -been ever found further south than the salines of Holston, and -they have been found as far north as the Arctic circle. Those, -therefore, who are of opinion that the elephant and mammoth -are the same, must believe, 1. That the elephant known to us -can exist and multiply in the frozen zone; or, 2. That an eternal -fire may once have warmed those regions, and since abandoned -them, of which, however, the globe exhibits no unequivocal indications; -or, 3. That the obliquity of the ecliptic, when these -elephants lived, was so great as to include within the tropics all -those regions in which the bones are found; the tropics being, -as is before observed, the natural limits of habitation for the elephant. -But if it be admitted that this obliquity has really decreased, -and we adopt the highest rate of decrease yet pretended, -that is, of one minute in a century, to transfer the northern tropic -to the Arctic circle, would carry the existence of these supposed -elephants two hundred and fifty thousand years back; a period -far beyond our conception of the duration of animal bones less -exposed to the open air than these are in many instances. Besides, -though these regions would then be supposed within the -tropics, yet their winters would have been too severe for the -sensibility of the elephant. They would have had, too, but one -day and one night in the year, a circumstance to which we have -no reason to suppose the nature of the elephant fitted. However, -it has been demonstrated, that, if a variation of obliquity -in the ecliptic takes place at all, it is vibratory, and never exceeds -the limits of nine degrees, which is not sufficient to bring -these bones within the tropics. One of these hypotheses, or -some other equally voluntary and inadmissible to cautious philosophy, -must be adopted to support the opinion that these are the -bones of the elephant. For my own part, I find it easier to believe -that an animal may have existed, resembling the elephant -in his tusks, and general anatomy, while his nature was in other -respects extremely different. From the 30th degree of south -latitude to the 30th degree of north, are nearly the limits which -nature has fixed for the existence and multiplication of the elephant -known to us. Proceeding thence northwardly to 36½ degrees, -we enter those assigned to the mammoth. The farther -we advance north, the more their vestiges multiply as far as the -earth has been explored in that direction; and it is as probable -as otherwise, that this progression continues to the pole itself, if -land extends so far. The centre of the frozen zone, then, may -be the acme of their vigor, as that of the torrid is of the elephant. -Thus nature seems to have drawn a belt of separation -between these two tremendous animals, whose breadth, indeed, -is not precisely known, though at present we may suppose it -about 6½ degrees of latitude; to have assigned to the elephant -the regions south of these confines, and those north to the -mammoth, founding the constitution of the one in her extreme -of heat, and that of the other in the extreme of cold. -When the Creator has therefore separated their nature as far as -the extent of the scale of animal life allowed to this planet would -permit, it seems perverse to declare it the same, from a partial -resemblance of their tusks and bones. But to whatever animal -we ascribe these remains, it is certain such a one has existed in -America, and that it has been the largest of all terrestrial beings. -It should have sufficed to have rescued the earth it inhabited, -and the atmosphere it breathed, from the imputation of impotence -in the conception and nourishment of animal life on a large -scale; to have stifled, in its birth, the opinion of a writer, the -most learned, too, of all others in the science of animal history, -that in the new world, "La nature vivante est beaucoup moins -agissante, beaucoup moins forte:"[6] that nature is less active, less -energetic on one side of the globe than she is on the other. As -if both sides were not warmed by the same genial sun; as if a -soil of the same chemical composition was less capable of elaboration -into animal nutriment; as if the fruits and grains from -that soil and sun yielded a less rich chyle, gave less extension -to the solids and fluids of the body, or produced sooner in the -cartilages, membranes, and fibres, that rigidity which restrains all -further extension, and terminates animal growth. The truth is, -that a pigmy and a Patagonian, a mouse and a mammoth, derive -their dimensions from the same nutritive juices. The difference -of increment depends on circumstances unsearchable to beings -with our capacities. Every race of animals seems to have received -from their Maker certain laws of extension at the time of -their formation. Their elaborate organs were formed to produce -this, while proper obstacles were opposed to its further progress. -Below these limits they cannot fall, nor rise above them. What -intermediate station they shall take may depend on soil, on -climate, on food, on a careful choice of breeders. But all the -manna of heaven would never raise the mouse to the bulk of -the mammoth. - -The opinion advanced by the Count de Buffon,[7] is 1. That -the animals common both to the old and new world are smaller -in the latter. 2. That those peculiar to the new are on a smaller -scale. 3. That those which have been domesticated in both -have degenerated in America; and 4. That on the whole it exhibits -fewer species. And the reason he thinks is, that the heats -of America are less; that more waters are spread over its surface -by nature, and fewer of these drained off by the hand of man. -In other words, that _heat_ is friendly, and _moisture_ adverse to the -production and development of large quadrupeds. I will not -meet this hypothesis on its first doubtful ground, whether the -climate of America be comparatively more humid? Because -we are not furnished with observations sufficient to decide this -question. And though, till it be decided, we are as free to deny -as others are to affirm the fact, yet for a moment let it be supposed. -The hypothesis, after this supposition, proceeds to another; -that _moisture_ is unfriendly to animal growth. The truth of -this is inscrutable to us by reasonings _à priori_. Nature has -hidden from us her _modus agendi_. Our only appeal on such -questions is to experience; and I think that experience is against -the supposition. It is by the assistance of _heat_ and _moisture_ -that vegetables are elaborated from the elements of earth, air, -water, and fire. We accordingly see the more humid climates -produce the greater quantity of vegetables. Vegetables are mediately -or immediately the food of every animal; and in proportion -to the quantity of food, we see animals not only multiplied -in their numbers, but improved in their bulk, as far as the -laws of their nature will admit. Of this opinion is the Count -de Buffon himself in another part of his work;[8] "en general il -paroit ques les pays un peu _froids_ conviennent mieux á nos -boeufs que les pays chauds, et qu'ils sont d'autant plus gross et -plus grands que le climat est plus _humide_ et plus abondans en -paturages. Les boeufs de Danemarck, de la Podolie, de l'Ulkraine -et de la Tartarie qu habitent les Calmouques sont les plus -grands de tous." Here then a race of animals, and one of the -largest too, has been increased in its dimensions by _cold_ and -_moisture_, in direct opposition to the hypothesis, which supposes -that these two circumstances diminish animal bulk, and that it is -their contraries _heat_ and _dryness_ which enlarge it. But when -we appeal to experience we are not to rest satisfied with a single -fact. Let us, therefore, try our question on more general -ground. Let us take two portions of the earth, Europe and -America for instance, sufficiently extensive to give operation to -general causes; let us consider the circumstances peculiar to -each, and observe their effect on animal nature. America, running -through the torrid as well as temperate zone, has more _heat_ -collectively taken, than Europe. But Europe, according to our -hypothesis, is the _dryest_. They are equally adapted then to -animal productions; each being endowed with one of those -causes which befriend animal growth, and with one which opposes -it. If it be thought unequal to compare Europe with -America, which is so much larger, I answer, not more so than to -compare America with the whole world. Besides, the purpose -of the comparison is to try an hypothesis, which makes the size -of animals depend on the _heat_ and _moisture_ of climate. If, -therefore, we take a region so extensive as to comprehend a sensible -distinction of climate, and so extensive too as that local accidents, -or the intercourse of animals on its borders, may not -materially affect the size of those in its interior parts, we shall -comply with those conditions which the hypothesis may reasonably -demand. The objection would be the weaker in the present -case, because any intercourse of animals which may take place -on the confines of Europe and Asia, is to the advantage of the -former, Asia producing certainly larger animals than Europe. -Let us then take a comparative view of the quadrupeds of Europe -and America, presenting them to the eye in three different -tables, in one of which shall be enumerated those found in both -countries; in a second, those found in one only; in a third, -those which have been domesticated in both. To facilitate the -comparison, let those of each table be arranged in gradation according -to their sizes, from the greatest to the smallest, so far as -their sizes can be conjectured. The weights of the large animals -shall be expressed in the English avoirdupois and its decimals; -those of the smaller, in the same ounce and its decimals. -Those which are marked thus *, are actual weights of particular -subjects, deemed among the largest of their species. Those -marked thus †, are furnished by judicious persons, well acquainted -with the species, and saying, from conjecture only, what the -largest individual they had seen would probably have weighed. -The other weights are taken from Messrs. Buffon and D'Aubenton, -and are of such subjects as came casually to their hands for -dissection. This circumstance must be remembered where their -weights and mine stand opposed; the latter being stated not to -produce a conclusion in favor of the American species, but to -justify a suspension of opinion until we are better informed, and -a suspicion, in the meantime, that there is no uniform difference -in favor of either; which is all I pretend. - -_A comparative view of the Quadrupeds of Europe and of -America._ - - I. ABORIGINALS OF BOTH. - - Europe. America. - lb. lb. - Mammoth - Buffalo. Bison *1800 - White Bear. Ours blanc - Carribou. Renne - Bear. Ours 153.7 *410 - Elk. Elan. Original palmated - Red deer. Cerf 288.8 *273 - Fallow Deer. Daim 167.8 - Wolf. Loup 69.8 - Roe. Chevreuil 56.7 - Glutton. Glouton. Carcajou - Wild cat. Chat sauvage †30 - Lynx. Loup cervier 25. - Beaver. Castor 18.5 *45 - Badger. Blaireau 13.6 - Red fox. Renard 13.5 - Gray fox. Isatis - Otter. Loutre 8.9 †12 - Monax. Marmotte 6.5 - Vison. Fouine 2.8 - Hedgehog. Herisson 2.2 - Marten. Marte 1.9 †6 - oz. - Water rat. Rat d'eau 7.5 - Weasel. Belette 2.2 oz. - Flying squirrel. Polatouche 2.2 †4 - Shrew mouse. Musaraigne 1. - - II. ABORIGINALS OF ONE ONLY. - - EUROPE. - lb. - Sanglier. Wild boar 280. - Mouflon. Wild sheep 56. - Bouquetin. Wild goat - Lievre. Hare 7.6 - Lapin. Rabbit 3.4 - Putois. Polecat 3.3 - Genette 3.1 - Desman. Muskrat oz. - Ecureuil. Squirrel 12. - Hermine. Ermin 8.2 - Rat. Rat 7.5 - Loirs 3.1 - Lerot. Dormouse 1.8 - Taupe. Mole 1.2 - Hampster .6 - Zisel - Leming - Souris. Mouse .6 - - AMERICA - lb. - Tapir 534. - Elk, round horned †450. - Puma - Jaguar 218. - Cabiai 109. - Tamanoir 109. - Tammandua 65.4 - Cougar of North-America 75. - Cougar of South-America 59.4 - Ocelot - Pecari 46.3 - Jaguaret 43.6 - Alco - Lama - Paco - Paca 32.7 - Serval - Sloth. Unau 27.25 - Saricovienne - Kincajou - Tatou Kabassou 21.8 - Urson. Urchin - Raccoon. Raton 16.5 - Coati - Coendou 16.3 - Sloth. Aï 13. - Sapajou Ouarini - Sapajou Coaita 9.8 - Tatou Encubert - Tatou Apar - Tatou Cachiea 7. - Little Coendou 6.5 - Opossum. Sarigu - Tapeti - Margay - Crabier - Agouti 4.2 - Sapajou Saï 3.5 - Tatou Cirquinçon - Tatou Tatouate 3.3 - Mouffette Squash - Mouffette Chinche - Mouffette Conepate - Scunk - Mouffette. Zorilla - Whabus. Hare. Rabbit - Aperea - Akouchi - Ondatra. Muskrat - Pilori - Great gray squirrel †2.7 - Fox squirrel of Virginia †2.625 - Surikate 2. - Mink †2. - Sapajou. Sajou 1.8 - Indian pig. Cochon d'Inde 1.6 - Sapajou Saïmiri 1.5 - Phalanger - Coqualain - Lesser gray squirrel †1.5 - Black squirrel †1.5 - oz. - Red squirrel 10. - Sagoin Saki - Sagoin Pinche - Sagoin Tamarin - Sagoin Ouistiti 4.4 - Sagoin Marakine - Sagoin Mico - Cayopollin - Fourmillier - Marmose - Sarigue of Cayenne - Tucan - Red mole - Ground squirrel 4. - - III. DOMESTICATED IN BOTH. - - Europe. America. - lb. lb. - Cow 765. *2500 - Horse *1366 - Ass - Hog *1200 - Sheep *125 - Goat *80 - Dog 67.6 - Cat 7. - -I have not inserted in the first table the Phoca,[9] nor leather-winged -bat, because the one living half the year in the water, -and the other being a winged animal, the individuals of each -species may visit both continents. - -Of the animals in the first table, Monsieur de Buffon himself -informs us, [XXVII. 130, XXX. 213,] that the beaver, the -otter, and shrew mouse, though of the same species, are larger -in America than in Europe. This should therefore have corrected -the generality of his expressions, XVIII. 145, and elsewhere, -that the animals common to the two countries, are considerably -less in America than in Europe, "et cela sans aucune -exception." He tells us too, [Quadrup. VIII. 334, edit. Paris, -1777,] that on examining a bear from America, he remarked no -difference, "dans _la forme_ de cet ours d'Amerique comparé a -celui d'Europe," but adds from Bartram's journal, that an American -bear weighed four hundred pounds, English, equal to three -hundred and sixty-seven pounds French; whereas we find the European -bear examined by Mons. D'Aubenton, [XVII. 82,] weighed -but one hundred and forty-one pounds French. That the palmated -elk is larger in America than in Europe, we are informed -by Kalm,[10] a naturalist, who visited the former by public appointment, -for the express purpose of examining the subjects of natural -history. In this fact Pennant concurs with him. [Barrington's -Miscellanies.] The same Kalm tells us[11] that the black moose, or -renne of America, is as high as a tall horse; and Catesby,[12] that it is -about the bigness of a middle-sized ox. The same account of -their size has been given me by many who have seen them. -But Monsieur D'Aubenton says[13] that the renne of Europe is -about the size of a red deer. The weasel is larger in America -than in Europe, as may be seen by comparing its dimensions as -reported by Monsieur D'Aubenton[14] and Kalm. The latter tells -us,[15] that the lynx, badger, red fox, and flying squirrel, are the -_same_ in America as in Europe; by which expression I understand, -they are the same in all material circumstances, in size as -well as others; for if they were smaller, they would differ from -the European. Our gray fox is, by Catesby's account,[16] little -different in size and shape from the European fox. I presume -he means the red fox of Europe, as does Kalm, where he says,[17] -that in size "they do not quite come up to our foxes." For -proceeding next to the red fox of America, he says, "they are -entirely the same with the European sort;" which shows he had -in view one European sort only, which was the red. So that -the result of their testimony is, that the American gray fox is -somewhat less than the European red; which is equally true of -the gray fox of Europe, as may be seen by comparing the measures -of the Count de Buffon and Monsieur D'Aubenton.[18] The -white bear of America is as large as that of Europe. The bones -of the mammoth which has been found in America, are as large -as those found in the old world. It may be asked, why I insert -the mammoth, as if it still existed? I ask in return, why I should -omit it, as if it did not exist? Such is the economy of nature, -that no instance can be produced, of her having permitted any -one race of her animals to become extinct; of her having formed -any link in her great work so weak as to be broken. To add -to this, the traditionary testimony of the Indians, that this animal -still exists in the northern and western parts of America, would -be adding the light of a taper to that of the meridian sun. Those -parts still remain in their aboriginal state, unexplored and undisturbed -by us, or by others for us. He may as well exist there -now, as he did formerly where we find his bones. If he be a -carnivorous animal, as some anatomists have conjectured, and -the Indians affirm, his early retirement may be accounted for -from the general destruction of the wild game by the Indians, -which commences in the first instant of their connection with -us, for the purpose of purchasing match-coats, hatchets, and firelocks, -with their skins. There remain then the buffalo, red -deer, fallow deer, wolf, roe, glutton, wild cat, monax, bison, -hedgehog, marten, and water-rat, of the comparative sizes of -which we have not sufficient testimony. It does not appear -that Messieurs de Buffon and D'Aubenton have measured, weighed, -or seen those of America. It is said of some of them, by some -travellers, that they are smaller than the European. But who -were these travellers? Have they not been men of a very different -description from those who have laid open to us the other -three quarters of the world? Was natural history the object of -their travels? Did they measure or weigh the animals they -speak of? or did they not judge of them by sight, or perhaps -even from report only? Were they acquainted with the animals -of their own country, with which they undertake to compare -them? Have they not been so ignorant as often to mistake the -species? A true answer to these questions would probably lighten -their authority, so as to render it insufficient for the foundation -of an hypothesis. How unripe we yet are, for an accurate comparison -of the animals of the two countries, will appear from the -work of Monsieur de Buffon. The ideas we should have formed -of the sizes of some animals, from the information he had received -at his first publications concerning them, are very different -from what his subsequent communications give us. And indeed -his candor in this can never be too much praised. One sentence -of his book must do him immortal honor. "J'aime autant une -personne qui me releve d'une erreur, qu'une autre qui m'apprend -une verité, parce qu'en effet une erreur corrigée est une verité."[19] -He seems to have thought the cabiai he first examined wanted -little of its full growth. "Il n'etoit pas encore tout-a-fait -adulte."[20] Yet he weighed but forty-six and a half pounds, and -he found afterwards,[21] that these animals, when full grown, weigh -one hundred pounds. He had supposed, from the examination -of a jaguar,[22] said to be two years old, which weighed but sixteen -pounds twelve ounces, that when he should have acquired -his full growth, he would not be larger than a middle-sized dog. -But a subsequent account[23] raises his weight to two hundred -pounds. Further information will, doubtless, produce further -corrections. The wonder is, not that there is yet something in -this great work to correct, but that there is so little. The result -of this view then is, that of twenty-six quadrupeds common to -both countries, seven are said to be larger in America, seven of -equal size, and twelve not sufficiently examined. So that the -first table impeaches the first member of the assertion, that of -the animals common to both countries, the American are smallest, -"et cela sans aucune exception." It shows it is not just, in all the -latitude in which its author has advanced it, and probably not to -such a degree as to found a distinction between the two countries. - -Proceeding to the second table, which arranges the animals -found in one of the two countries only, Monsieur de Buffon observes, -that the tapir, the elephant of America, is but of the size -of a small cow. To preserve our comparison, I will add, that -the wild boar, the elephant of Europe, is little more than half -that size. I have made an elk with round or cylindrical horns -an animal of America, and peculiar to it; because I have seen -many of them myself, and more of their horns; and because I -can say, from the best information, that, in Virginia, this kind -of elk has abounded much, and still exists in smaller numbers; -and I could never learn that the palmated kind had been seen -here at all. I suppose this confined to the more northern latitudes.[24] -I have made our hare or rabbit peculiar, believing it -to be different from both the European animals of those denominations, -and calling it therefore by its Algonquin name, -Whabus, to keep it distinct from these. Kalm is of the same -opinion.[25] I have enumerated the squirrels according to our own -knowledge, derived from daily sight of them, because I am not -able to reconcile with that the European appellations and descriptions. -I have heard of other species, but they have never -come within my own notice. These, I think, are the only instances -in which I have departed from the authority of Monsieur -de Buffon in the construction of this table. I take him for my -ground work, because I think him the best informed of any -naturalist who has ever written. The result is, that there are -eighteen quadrupeds peculiar to Europe; more than four times -as many, to wit, seventy four, peculiar to America; that the[26] -first of these seventy-four weighs more than the whole column -of Europeans; and consequently this second table disproves the -second member of the assertion, that the animals peculiar to the -new world are on a smaller scale, so far as that assertion relied -on European animals for support; and it is in full opposition to -the theory which makes the animal volume to depend on the -circumstances of _heat_ and _moisture_. - -The third table comprehends those quadrupeds only which -are domestic in both countries. That some of these, in some -parts of America, have become less than their original stock, is -doubtless true; and the reason is very obvious. In a thinly-peopled -country, the spontaneous productions of the forests, and -waste fields, are sufficient to support indifferently the domestic -animals of the farmer, with a very little aid from him, in the severest -and scarcest season. He therefore finds it more convenient -to receive them from the hand of nature in that indifferent -state, than to keep up their size by a care and nourishment -which would cost him much labor. If, on this low fare, these -animals dwindle, it is no more than they do in those parts of -Europe where the poverty of the soil, or the poverty of the owner, -reduces them to the same scanty subsistence. It is the uniform -effect of one and the same cause, whether acting on this or that -side of the globe. It would be erring, therefore, against this rule -of philosophy, which teaches us to ascribe like effects to like -causes, should we impute this diminution of size in America to -any imbecility or want of uniformity in the operations of nature. -It may be affirmed with truth, that, in those countries, and with -those individuals in America, where necessity or curiosity has -produced equal attention, as in Europe, to the nourishment of -animals, the horses, cattle, sheep, and hogs, of the one continent -are as large as those of the other. There are particular instances, -well attested, where individuals of this country have imported -good breeders from England, and have improved their size by -care in the course of some years. To make a fair comparison -between the two countries, it will not answer to bring together -animals of what might be deemed the middle or ordinary size of -then species; because an error in judging of that middle or ordinary -size, would vary the result of the comparison. Thus Mons. -D'Aubenton[27] considers a horse of 4 feet five inches high and -400 lb. weight French, equal to 4 feet 8.6 inches and 436 lb. -English, as a middle-sized horse. Such a one is deemed a small -horse in America. The extremes must therefore be resorted to. -The same anatomist[28] dissected a horse of 5 feet 9 inches height, -French measure, equal to 6 feet 1.7 English. This is near 6 -inches higher than any horse I have seen; and could it be supposed -that I had seen the largest horses in America, the conclusion -would be, that ours have diminished, or that we have bred -from a smaller stock. In Connecticut and Rhode Island, where -the climate is favorable to the production of grass, bullocks have -been slaughtered which weighed 2,500, 2,200, and 2,100 lbs. -nett; and those of 1,800 lbs. have been frequent. I have seen -a hog[29] weigh 1,050 lbs. after the blood, bowels, and hair had -been taken from him. Before he was killed, an attempt was -made to weigh him with a pair of steel yards, graduated to -1,200 lbs., but he weighed more. Yet this hog was probably -not within fifty generations of the European stock. I am well informed -of another which weighed 1,100 lbs. gross. Asses have been -still more neglected than any other domestic animal in America. -They are neither fed or housed in the most rigorous season of -the year. Yet they are larger than those measured by Mons. -D'Aubenton,[30] of 3 feet 7¼ inches, 3 feet 4 inches, and 3 feet -2½ inches, the latter weighing only 215.8 lbs. These sizes, I -suppose, have been produced by the same negligence in Europe, -which has produced a like diminution here. Where care -has been taken of them on that side of the water, they have -been raised to a size bordering on that of the horse; not by the -_heat_ and _dryness_ of the climate, but by good food and shelter. -Goats have been also much neglected in America. Yet they are -very prolific here, bearing twice or three times a year, and from -one to five kids at a birth. Mons. de Buffon has been sensible -of a difference in this circumstance in favor of America.[31] But -what are their greatest weights, I cannot say. A large sheep -here weighs 100 lbs. I observe Mons. D'Aubenton calls a ram -of 62 lbs. one of the middle size.[32] But to say what are the extremes -of growth in these and the other domestic animals of -America, would require information of which no one individual -is possessed. The weights actually known and stated in the -third table preceding will suffice to show, that we may conclude -on probable grounds, that, with equal food and care, the climate -of America will preserve the races of domestic animals as large -as the European stock from which they are derived; and, consequently, -that the third member of Mons. de Buffon's assertion -that the domestic animals are subject to degeneration from the -climate of America, is as probably wrong as the first and second -were certainly so. - -That the last part of it is erroneous, which affirms that the -species of American quadrupeds are comparatively few, is evident -from the tables taken together. By these it appears that there -are an hundred species aboriginal in America. Mons. de Buffon -supposes about double that number existing on the whole earth.[33] -Of these Europe, Asia, and Africa, furnish suppose one hundred -and twenty-six; that is, the twenty-six common to Europe and -America, and about one hundred which are not in America at -all. The American species, then, are to those of the rest of the -earth, as one hundred to one hundred and twenty-six, or four to -five. But the residue of the earth being double the extent of -America, the exact proportion would have been but as four to eight. - -Hitherto I have considered this hypothesis as applied to brute -animals only, and not in its extension to the man of America, -whether aboriginal or transplanted. It is the opinion of Mons. -de Buffon that the former furnishes no exception to it.[34] - - "Quoique le sauvage du nouveau monde soit à peu près de - même stature que l'homme de notre monde, cela ne suffit pas - pour qu'il puisse faire une exception au fait général du - rapetissement de la nature vivante dans tout ce continent; le - sauvage est foible et petit par les organes de la génération; - il n'a ni poil, ni barbe, and nulle ardeur pour sa femelle. - Quoique plus léger que l'Européen, parce qu'il a plus d'habitude - à courir, il est cependant beaucoup moins fort de corps; il - est aussi bien moins sensible, et cependant plus craintif et - plus lâche; il n'a nulle vivacité, nulle activité dans l'ame; - celle du corps est moins un exercise, un mouvement volontaire - qu'une nécessité d'action causée par le besoin; ôtez lui la faim - et la soif, vous détruirez en même tems le principe actif de - tous ses mouvemens; il demeurera stupidement en repos sur ses - jambes ou couché pendant des jours entiers. Il ne faut pas aller - chercher plus loin à cause de la vie dispersée des sauvages - et de leur éloignement pour la société; la plus précieuse - étincelle du feu de la nature leur a été refusée; ils manquent - d'ardeur pour leur femelle, et par consequent d'amour pour - leur semblables; ne connoissant pas l'attachment le plus vif, - le plus tendre de tous, leurs autres sentimens de ce genre, - sont froids et languissans; ils aiment foiblement leurs pères - et leurs enfans; la société la plus intime de toutes, celle - de la même famille, n'a donc chez eux que de foibles liens; - la société d'une famille à l'autre n'en a point de tout; dès - lors nulle réunion, nulle république, nulle état social. La - physique de l'amour fait chez eux le moral des mœurs; leur cœur - est glacé, leur societé et leur empire dur. Ils ne regardent - leurs femmes que comme des servantes de peine ou des bêtes de - somme qu'ils chargent, sans ménagement, du fardeau de leur - chasse, et qu'ils forcent, sans pitié, sans reconnoissance, - à des ouvrages qui souvent sont au dessus de leurs forces; - ils n'ont que peu d'enfans; ils en out peu de soin; tout se - ressent de leur premier defaut; ils sont indifférents parce - qu'ils sont peu puissants, et cette indifference pour le sexe - est la tache originelle qui flétrit la nature, qui l'empeche - de s'épanouir, et qui detruisant les germes de la vie, coupe - en même temps la racine de société. L'homme ne fait donc point - d'exception ici. La nature en lui refusant les puissances - de l'amour l'a plus maltraité et plus rapetissé qu'aucun des - animaux." - -An afflicting picture, indeed, which for the honor of human -nature, I am glad to believe has no original. Of the Indian of -South America I know nothing; for I would not honor with the -appellation of knowledge, what I derive from the fables published -of them. These I believe to be just as true as the fables -of Æsop. This belief is founded on what I have seen of man, -white, red, and black, and what has been written of him by -authors, enlightened themselves, and writing among an enlightened -people. The Indian of North America being more within -our reach, I can speak of him somewhat from my own knowledge, -but more from the information of others better acquainted -with him, and on whose truth and judgment I can rely. From -these sources I am able to say, in contradiction to this representation, -that he is neither more defective in ardor, nor more impotent -with his female, than the white reduced to the same diet -and exercise; that he is brave, when an enterprise depends on -bravery; education with him making the point of honor consist -in the destruction of an enemy by stratagem, and in the preservation -of his own person free from injury; or, perhaps, this is nature, -while it is education which teaches us to[35] honor force more -than finesse; that he will defend himself against a host of enemies, -always choosing to be killed, rather than to surrender,[36] -though it be to the whites, who he knows will treat him well; -that in other situations, also, he meets death with more deliberation, -and endures tortures with a firmness unknown almost to -religious enthusiasm with us; that he is affectionate to his children, -careful of them, and indulgent in the extreme; that his -affections comprehend his other connections, weakening, as with -us, from circle to circle, as they recede from the centre; that his -friendships are strong and faithful to the uttermost[37] extremity; -that his sensibility is keen, even the warriors weeping most bitterly -on the loss of their children, though in general they endeavor -to appear superior to human events; that his vivacity and -activity of mind is equal to ours in the same situation; hence his -eagerness for hunting, and for games of chance. The women -are submitted to unjust drudgery. This I believe is the case -with every barbarous people. With such, force is law. The -stronger sex imposes on the weaker. It is civilization alone -which replaces women in the enjoyment of their natural equality. -That first teaches us to subdue the selfish passions, and to respect -those rights in others which we value in ourselves. Were -we in equal barbarism, our females would be equal drudges. -The man with them is less strong than with us, but their women -stronger than ours; and both for the same obvious reason; because -our man and their woman is habituated to labor, and -formed by it. With both races the sex which is indulged with -ease is the least athletic. An Indian man is small in the hand -and wrist, for the same reason for which a sailor is large and -strong in the arms and shoulders, and a porter in the legs and -thighs. They raise fewer children than we do. The causes of -this are to be found, not in a difference of nature, but of circumstance. -The women very frequently attending the men in their -parties of war and of hunting, child-bearing becomes extremely -inconvenient to them. It is said, therefore, that they have -learned the practice of procuring abortion by the use of some -vegetable; and that it even extends to prevent conception for a -considerable time after. During these parties they are exposed -to numerous hazards, to excessive exertions, to the greatest extremities -of hunger. Even at their homes the nation depends -for food, through a certain part of every year, on the gleanings -of the forest; that is, they experience a famine once in every -year. With all animals, if the female be badly fed, or not fed at -all, her young perish; and if both male and female be reduced to -like want, generation becomes less active, less productive. To -the obstacles, then, of want and hazard, which nature has opposed -to the multiplication of wild animals, for the purpose of -restraining their numbers within certain bounds, those of labor -and of voluntary abortion are added with the Indian. No wonder, -then, if they multiply less than we do. Where food is -regularly supplied, a single farm will show more of cattle, than -a whole country of forests can of buffaloes. The same Indian -women, when married to white traders, who feed them and their -children plentifully and regularly, who exempt them from excessive -drudgery, who keep them stationary and unexposed to accident, -produce and raise as many children as the white women. -Instances are known, under these circumstances, of their rearing -a dozen children. An inhuman practice once prevailed in this -country, of making slaves of the Indians. It is a fact well -known with us, that the Indian women so enslaved produced -and raised as numerous families as either the whites or blacks -among whom they lived. It has been said that Indians have -less hair than the whites, except on the head. But this is a fact -of which fair proof can scarcely be had. With them it is disgraceful -to be hairy on the body. They say it likens them to -hogs. They therefore pluck the hair as fast as it appears. But -the traders who marry their women, and prevail on them to discontinue -this practice, say, that nature is the same with them as -with the whites. Nor, if the fact be true, is the consequence -necessary which has been drawn from it. Negroes have notoriously -less hair than the whites; yet they are more ardent. But -if cold and moisture be the agents of nature for diminishing the -races of animals, how comes she all at once to suspend their -operation as to the physical man of the new world, whom the -Count acknowledges to be "à peu près de même stature que -l'homme de notre monde," and to let loose their influence on his -moral faculties? How has this "combination of the elements -and other physical causes, so contrary to the enlargement of -animal nature in this new world, these obstacles to the development -and formation of great germs,"[38] been arrested and suspended, -so as to permit the human body to acquire its just dimensions, -and by what inconceivable process has their action -been directed on his mind alone? To judge of the truth of this, -to form a just estimate of their genius and mental powers, more -facts are wanting, and great allowance to be made for those circumstances -of their situation which call for a display of particular -talents only. This done, we shall probably find that they -are formed in mind as well as in body, on the same module with -the[39] "Homo sapiens Europæus." The principles of their society -forbidding all compulsion, they are to be led to duty and -to enterprise by personal influence and persuasion. Hence eloquence -in council, bravery and address in war, become the -foundations of all consequence with them. To these acquirements -all their faculties are directed. Of their bravery and address -in war we have multiplied proofs, because we have been -the subjects on which they were exercised. Of their eminence -in oratory we have fewer examples, because it is displayed -chiefly in their own councils. Some, however, we have, of very -superior lustre. I may challenge the whole orations of Demosthenes -and Cicero, and of any more eminent orator, if Europe -has furnished more eminent, to produce a single passage, superior -to the speech of Logan, a Mingo chief, to Lord Dunmore, then -governor of this State. And as a testimony of their talents in -this line, I beg leave to introduce it, first stating the incidents -necessary for understanding it. - -In the spring of the year 1774, a robbery was committed by -some Indians on certain land-adventurers on the river Ohio. The -whites in that quarter, according to their custom, undertook to -punish this outrage in a summary way. Captain Michael Cresap, -and a certain Daniel Greathouse, leading on these parties, surprised, -at different times, travelling and hunting parties of the Indians, -having their women and children with them, and murdered -many. Among these were unfortunately the family of Logan, -a chief celebrated in peace and war, and long distinguished as -the friend of the whites. This unworthy return provoked his -vengeance. He accordingly signalized himself in the war which -ensued. In the autumn of the same year a decisive battle was -fought at the mouth of the Great Kanhaway, between the collected -forces of the Shawanese, Mingoes and Delawares, and a -detachment of the Virginia militia. The Indians were defeated -and sued for peace. Logan, however, disdained to be seen -among the suppliants. But lest the sincerity of a treaty should -be disturbed, from which so distinguished a chief absented himself, -he sent, by a messenger, the following speech, to be delivered -to Lord Dunmore. - -"I appeal to any white man to say, if ever he entered Logan's -cabin hungry, and he gave him not meat; if ever he came cold -and naked, and he clothed him not. During the course of the -last long and bloody war Logan remained idle in his cabin, an -advocate for peace. Such was my love for the whites, that my -countrymen pointed as they passed, and said, "Logan is the -friend of white men." I had even thought to have lived with -you, but for the injuries of one man. Colonel Cresap, the last -spring, in cold blood, and unprovoked, murdered all the relations -of Logan, not even sparing my women and children. There -runs not a drop of my blood in the veins of any living creature. -This called on me for revenge. I have sought it: I have killed -many: I have fully glutted my vengeance: for my country I rejoice -at the beams of peace. But do not harbor a thought that -mine is the joy of fear. Logan never felt fear. He will not -turn on his heel to save his life. Who is there to mourn for -Logan?--Not one."[40] - -Before we condemn the Indians of this continent as wanting -genius, we must consider that letters have not yet been introduced -among them. Were we to compare them in their present state -with the Europeans, north of the Alps, when the Roman arms -and arts first crossed those mountains, the comparison would be -unequal, because, at that time, those parts of Europe were swarming -with numbers; because numbers produce emulation, and -multiply the chances of improvement, and one improvement begets -another. Yet I may safely ask, how many good poets, how -many able mathematicians, how many great inventors in arts or -sciences, had Europe, north of the Alps, then produced? And -it was sixteen centuries after this before a Newton could be -formed. I do not mean to deny that there are varieties in the -race of man, distinguished by their powers both of body and -mind. I believe there are, as I see to be the case in the races -of other animals. I only mean to suggest a doubt, whether the -bulk and faculties of animals depend on the side of the Atlantic -on which their food happens to grow, or which furnishes the elements -of which they are compounded? Whether nature has -enlisted herself as a Cis- or Trans-Atlantic partisan? I am induced -to suspect there has been more eloquence than sound -reasoning displayed in support of this theory; that it is one of -those cases where the judgment has been seduced by a glowing -pen; and whilst I render every tribute of honor and esteem to -the celebrated zoologist, who has added, and is still adding, so -many precious things to the treasures of science, I must doubt -whether in this instance he has not cherished error also, by lending -her for a moment his vivid imagination and bewitching language. (4.) - -So far the Count de Buffon has carried this new theory of the -tendency of nature to belittle her productions on this side the -Atlantic. Its application to the race of whites transplanted from -Europe, remained for the Abbé Raynal. "On doit etre etonné -(he says) que l'Amerique n'ait pas encore produit un bon poëte, -un habile mathematicien, un homme de genie dans un seul art, -ou seule science." Hist. Philos. p. 92, ed. Maestricht, 1774. -"America has not yet produced one good poet." When we shall -have existed as a people as long as the Greeks did before they -produced a Homer, the Romans a Virgil, the French a Racine -and Voltaire, the English a Shakespeare and Milton, should this -reproach be still true, we will inquire from what unfriendly -causes it has proceeded, that the other countries of Europe and -quarters of the earth shall not have inscribed any name in the -roll of poets.[41] But neither has America produced "one able -mathematician, one man of genius in a single art or a single -science." In war we have produced a Washington, whose -memory will be adored while liberty shall have votaries, whose -name shall triumph over time, and will in future ages assume its -just station among the most celebrated worthies of the world, -when that wretched philosophy shall be forgotten which would -have arranged him among the degeneracies of nature. In -physics we have produced a Franklin, than whom no one of the -present age has made more important discoveries, nor has enriched -philosophy with more, or more ingenious solutions of the -phenomena of nature. We have supposed Mr. Rittenhouse -second to no astronomer living; that in genius he must be the -first, because he is self-taught. As an artist he has exhibited as -great a proof of mechanical genius as the world has ever produced. -He has not indeed made a world; but he has by imitation -approached nearer its Maker than any man who has lived -from the creation to this day.[42] As in philosophy and war, so in -government, in oratory, in painting, in the plastic art, we might -show that America, though but a child of yesterday, has already -given hopeful proofs of genius, as well as of the nobler kinds, -which arouse the best feelings of man, which call him into action, -which substantiate his freedom, and conduct him to happiness, -as of the subordinate, which serve to amuse him only. We -therefore suppose, that this reproach is as unjust as it is unkind: -and that, of the geniuses which adorn the present age, America -contributes its full share. For comparing it with those countries -where genius is most cultivated, where are the most excellent -models for art, and scaffoldings for the attainment of science, as -France and England for instance, we calculate thus: The United -States contains three millions of inhabitants; France twenty -millions; and the British islands ten. We produce a Washington, -a Franklin, a Rittenhouse. France then should have half -a dozen in each of these lines, and Great Britain half that number, -equally eminent. It may be true that France has; we are -but just becoming acquainted with her, and our acquaintance so -far gives us high ideas of the genius of her inhabitants. It -would be injuring too many of them to name particularly a Voltaire, -a Buffon, the constellation of Encyclopedists, the Abbé -Raynal himself, &c. &c. We, therefore, have reason to believe -she can produce her full quota of genius. The present war having -so long cut off all communication with Great Britain, we are -not able to make a fair estimate of the state of science in that -country. The spirit in which she wages war, is the only sample -before our eyes, and that does not seem the legitimate offspring -either of science or of civilization. The sun of her -glory is fast descending to the horizon. Her philosophy has -crossed the channel, her freedom the Atlantic, and herself seems -passing to that awful dissolution whose issue is not given human -foresight to scan.[43] - -Having given a sketch of our minerals, vegetables, and quadrupeds, -and being led by a proud theory to make a comparison -of the latter with those of Europe, and to extend it to the man -of America, both aboriginal and emigrant, I will proceed to the -remaining articles comprehended under the present query. - -Between ninety and a hundred of our birds have been described -by Catesby. His drawings are better as to form and attitude -than coloring, which is generally too high. They are the following: - -BIRDS OF VIRGINIA. - - ---------------+---------------------+--------------------+--------- - Linnæan |Catesby's | Popular Names. |Buffon - Designation. |Designation. | |oiseaux. - | | | - ---------------+---------------------+--------------------+--------- - Lanius |Muscicapa |Tyrant. Field martin| 8.398 - tyrannus |coronâ rubrâ 1.55| | - | | | - Vultur |Buteo specie |Turkey buzzard | 1.246 - aura |Gallo pavonis 1.6| | - | | | - | | | - Falco |Aquila capite |Bald eagle | 1.138 - leucocephalus |albo 1.1| | - | | | - | | | - Falco |Accipiter minor 1.5|Little hawk. | - sparverius | |Sparrow hawk | - | | | - Falco |Accipiter |Pigeon hawk | 1.338 - columbarious |palumbarius 1.3| | - | | | - Falco |Accipiter | | - furcatus |caudâ furcatâ 1.4|Forked tail hawk |1.286.312 - | | | - |Accipiter |Fishing hawk | 1.199 - |piscatorius 1.2| | - | | | - Strix |Noctua |Little owl | 1.141 - asio |aurita minor 1.7| | - | | | - Psittacus |Psittacus |Parrot of Carolina. | - Caroliniensis |Carolinensus 1.11|Parroquet | 11.383 - | | | - Corvus |Pica glandaria, |Blue jay | 5.164 - cristatus |cærulea, cristata 1.1| | - | | | - Oriolus |Icterus ex aureo |Baltimore bird | 5.318 - Baltimore |nigroque varius 1.48| | - | | | - Oriolus |Icterus minor 1.49|Bastard Baltimore | 5.321 - spurius | | | - | | | - Gracula |Monedula |Purple jackdaw. | 5.134 - quiscula |purpurea 1.12|Crow blackbird | - | | | - Cuculus |Cuculus |Carolina cuckow | 12.62 - Americanus |Caroliniensis 1.9| | - | | | - Picus |Picus maximus |White bill | 13.69 - principalis |rostro albo 1.16|woodpecker | - | | | - Picus |Picus niger maximus, |Larger red-crested | 13.72 - pileatus |capite rubro 1.17|woodpecker | - | | | - Picus |Picus capite |Red headed | 13.83 - erythrocephalus|toto rubro 1.20|woodpecker | - | | | - Picus |Picus major |Gold winged | 13.59 - auratus |alis aureis 1.18|woodpecker. Yucker | - | | | - Picus |Picus ventre |Red-bellied | 13.105 - Carolinus |rubro 1.19|woodpecker | - | | | - Picus |Picus varius |Smallest | 13.113 - pubescens |minimus 1.21|spotted woodpecker | - | | | - Picus |Picus medius |Hairy woodpecker. | 13.111 - villosus |quasi-villosus 1.19|Spec. woodpecker | - | | | - Picus |Picus varius minor |Yellow-bellied | 13.115 - varius |ventre luteo 1.21|woodpecker. | - | | | - Sitta |{Sitta capite nigro 1.22 |Nuthatch | 10.213 - Europæa |{Sitta capite fusco 1.22 |Small Nuthatch | 10.214 - | | | - Alcedo |Ispida 1.69|Kingfisher | 13.310 - alcyon | | | - | | | - Certhia |Parus Americanus |Pine-Creeper | 9.433 - pinus |lutescens 1.61| | - | | | - Trochilus |Mellivora avis |Humming bird | 11.16 - colubris |Caroliniensis 1.65| | - | | | - Anas |Anser |Wild goose | 17.122 - Canadensis |Canadensis 1.92| | - | | | - Anas |Anas minor |Buffel's-head duck | 17.356 - bucephala |purpureo capite 1.95| | - | | | - Anas |Anas minor ex albo |Little brown duck | 17.413 - rustica |& fusco vario 1.98| | - | | | - Anas discors |Querquedula Americana|White face teal | 17.403 - _a_ |variegata 1.10| - | | | - Anas discors |Querquedula |Blue wing teal | 17.405 - _b_ |Americana fusca 1.99| | - | | | - Anas sponsa |Anas Americanus 1.97|Summer duck | 17.351 - |cristatus elegans | | - | | | - |Anas Americanus |Blue wing shoveler | 17.275 - |lato rostro 1.96| | - | | | - Mergus |Anas cristatus |Round crested duck | 15.437 - cucullatus | 1.94| | - | | | - Columbus |Prodicipes minor |Pied bill dopchick | 15.383 - podiceps |rostro vario 1.91| | - | | | - Ardea |Ardea cristata maxima|Largest crested | 14.113 - Herodias |American 3.10|heron | - | | | - Ardea |Ardea stellaris |Crested bittern | 14.134 - violacea |cristata | | - |Americana 1.79| | - | | | - Ardea cærulea |Ardea cærulea 1.76|Blue heron. Crane | 14.131 - | | | - Ardea |Ardea stellaris |Small bittern | 14.142 - virescens | minima 1.80| | - | | | - Ardea |Ardea alba minor |Little white heron | 14.136 - æquinoctialis |Caroliniensis 1.77| | - | | | - |Ardea stellaris |Brown bittern. | 14.175 - |Americana 1.78|Indian hen | - | | | - Tantalus |Pelicanus |Wood pelican | 13.403 - loculator |Americanus 1.81| | - | | | - Tantalus alber |Numenius albus 1.82|White curlew | 15.62 - | | | - Tantalus fuscus|Numenius fuscus 1.83|Brown curlew | 15.64 - | | | - Charadrius |Pluvialis |Chattering plover. | 15.151 - vociferus |vociferus 1.71|Kildee | - | | | - Hæmatopus |Hæmatopus 1.85|Oyster-catcher | 15.185 - ostralegus | | | - | | | - Rallus |Gallinula |Soree. Ral-bird | 15.256 - Virginianus |Americana 1.70| | - | | | - Meleagris |Gallopavo |Wild Turkey |3.187.229 - Gallopavo |Sylvestris xliv.| | - | | | - Tetrao |Perdix Sylvestris |American partridge. | 4.237 - Virginianus |Virginiana 3.12|American quail | - | | | - |Urgallus minor, or |Pheasant. | 3.409 - |kind of Lagopus 3.1|Mountain partridge | - | | | - Columba |Turtur minimus |Ground dove | 4.404 - passerina |guttatus 1.26| | - | | | - Columba |Palumbus |Pigeon of passage. | 4.351 - migratorio |migratorius 1.23|Wild pigeon | - | | | - Columba |Turtur |Turtle. Turtle dove | 4.401 - Caroliniensis |Caroliniensis 1.24| | - | | | - Alauda |Alauda gutture |Lark. Sky lark | 9.79 - alpestris |flavo 1.32| | - | | | - Alauda magna ||Alauda magna 1.33|Field lark. | 6.59 - | |Large lark | - | | | - |Sturnus niger alis |Red wing. | 5.293 - |supernis |Starling. | - |rubentibus 1.13|Marsh blackbird | - | | | - Turdus |Turdus pilaris |Fieldfare of Carolina. {5.426 - migratorius |migratorius 1.29|Robin redbreast | {9.257 - | | | - Turdus rufus |Turdus rufus 1.28|Fox colored thrush. | 5.449 - | |Thrush | - | | | - Turdus |Turdus minor cinereo |Mocking bird | 5.451 - polyglottos |albus non | | - |maculatus 1.27| | - | | | - |Turdus minimus 1.31|Little thrush | 5.400 - | | | - Ampelis |Garrulus |Chatterer | 6.162 - garrulus _b_ |Caroliniensis 1.46| | - | | | - Loxia |Coccothraustes |Red bird. | 6.185 - Cardinalis |rubra 1.38|Virginia nightingale| - | | | - Loxia Cærulea |Coccothraustes |Blue gross beak | 8.125 - |cærulea 1.39| | - | | | - Emberiza |Passer nivalis 1.36|Snow bird | 8.47 - hyemalis | | | - | | | - Emberiza |Hortulanus |Rice Bird | 8.49 - Oryzivora |Caroliniensis 1.14| | - | | | - Emberiza Ciris |Fringilla |Painted finch | 7.247 - |tricolor 1.44| | - | | | - Tanagra cyanea |Linaria cærulea 1.45|Blue linnet | 7.122 - | | | - |Passerculus 1.35|Little sparrow | 7.120 - | | | - |Passer fuscus 1.34|Cowpen bird | 7.196 - | | | - Fringilla |Passer niger oculis |Towhe bird | 7.201 - erythrophthalma|rubris 1.34| | - | | | - Fringilla |Carduelis |American goldfinch. | 7.297 - tristis |Americanus 1.43|Lettuce bird | - | | | - |Fringilla |Purple finch | 8.129 - |purpurea 1.41| | - | | | - Muscicapa |Muscicapa cristata |Crested flycatcher | 8.379 - crinita |ventre luteo 1.52| | - | | | - Muscicapa rubra|Muscicapa rubra 1.56|Summer red bird | 8.410 - | | | - Muscicapa |Ruticilla |Red start | { 8.349 - ruticilla |Americana 1.67| | { 9.259 - | | | - Muscicapa |Muscicapa vertice |Cat bird | 8.372 - Caroliniensis |nigro 1.66| | - | | | - |Muscicapa |Black cap flycatcher| 8.341 - |nigrescens 1.53| | - | | | - |Muscicapa fusca 1.54|Little brown | 8.344 - | |flycatcher | - | | | - |Muscicapa oculis |Red-eyed flycatcher | 8.337 - |rubris 1.54| | - | | | - Motacilla |Rubicula Americana |Blue bird | 9.308 - Sialis |cærulea 1.47| | - | | | - Motacilla |Regulus |Wren | 10.58 - regulus |cristatus 3.13| | - | | | - Motacilla |Oenanthe Americana |Yellow breasted chat| 6.96 - trochilus _b_ |pectore luteo 1.50| | - | | | - Parus bicolor |Parus cristatus 1.57|Crested titmouse | 10.181 - | | | - Parus |Parus |Finch creeper | 9.442 - Americanus |fringillaris 1.64| | - | | | - Parus |Parus uropygeo |Yellow rump | 10.184 - Virginianus |luteo 1.58| | - | | | - |Parus cucullo |Hooded titmouse | 10.183 - |nigro 1.60| | - | | | - |Parus Americanus |Yellow throated | - |gutture luteo 1.62|creeper | - | | | - |Parus |Yellow titmouse | 9.431 - |aroliniensis 1.63| | - | | | - Hirundo |Hirundo cauda |American swallow | 12.478 - Pelasgia |aculeata | | - |Americana 3.8| | - | | | - Hirundo |Hirundo purpurea 1.51|Purple marten. | 12.445 - purpurea | |House marten | - | | | - Caprimulgus |Caprimulgus 1.8|Goatsucker. | 12.243 - Europæus _a_ | |Great bat | - | | | - Caprimulgus |Caprimulgus minor |Whip poor Will | 12.246 - Europæus _b_ |Americanus 3.16| | - -Besides these, we have, - - The Royston crow. Corvus cornix. - Crane. Ardea Canadensis. - House swallow, Hirundo rustica. - Ground swallow. Hirundo riparia. - Greatest gray eagle. - Smaller turkey buzzard, with a feathered head. - Greatest owl, or night hawk. - Wet hawk, which feeds flying. - Raven. - Water Pelican of the Mississippi, whose pouch holds a peck. - Swan. - Loon. - Cormorant. - Duck and mallard. - Widgeon. - Sheldrach, or Canvas back. - The Black head. - Ballcoot. - Sprigtail. - Didapper, or dopehick. - Spoon-billed duck. - Water-witch. - Water-pheasant. - Mow-bird. - Blue Peter. - Water Wagtail. - Yellow-legged Snipe. - Squatting Snipe. - Small Plover. - Whistling Plover. - Woodcock. - Red bird, with black head, wings and tail. - -And doubtless many others which have not yet been described -and classed. - -To this catalogue of our indigenous animals, I will add a -short account of an anomaly of nature, taking place sometimes in -the race of negroes brought from Africa, who, though black -themselves, have, in rare instances, white children, called Albinos. -I have known four of these myself, and have faithful accounts -of three others. The circumstances in which all the individuals -agree are these. They are of a pallid cadaverous white, untinged -with red, without any colored spots or seams; their hair -of the same kind of white, short, coarse, and curled as is that of -the negro; all of them well formed, strong, healthy, perfect in -their senses, except that of sight, and born of parents who had -no mixture of white blood. Three of these Albinos were sisters, -having two other full sisters, who were black. The youngest -of the three was killed by lightning, at twelve years of age. -The eldest died at about 27 years of age, in child-bed, with her -second child. The middle one is now alive, in health, and has -issue, as the eldest had, by a black man, which issue was black. -They are uncommonly shrewd, quick in their apprehensions and -in reply. Their eyes are in a perpetual tremulous vibration, -very weak, and much affected by the sun; but they see much -better in the night than we do. They are of the property of -Colonel Skipwith, of Cumberland. The fourth is a negro -woman, whose parents came from Guinea, and had three other -children, who were of their own color. She is freckled, her -eye-sight so weak that she is obliged to wear a bonnet in the -summer; but it is better in the night than day. She had an -Albino child by a black man. It died at the age of a few weeks. -These were the property of Col. Carter, of Albemarle. A sixth -instance is a women the property of a Mr. Butler, near Petersburg. -She is stout and robust, has issue a daughter, jet black, -by a black man. I am not informed as to her eye-sight. The -seventh instance is of a male belonging to a Mr. Lee of Cumberland. -His eyes are tremulous and weak. He is tall of stature, -and now advanced in years. He is the only male of the Albinos -which have come within my information. Whatever be the -cause of the disease in the skin, or in its coloring matter, which -produces this change, it seems more incident to the female than -male sex. To these I may add the mention of a negro man -within my own knowledge, born black, and of black parents; -on whose chin, when a boy, a white spot appeared. This continued -to increase till he became a man, by which time it had -extended over his chin, lips, one cheek, the under jaw, and neck -on that side. It is of the Albino white, without any mixture of -red, and has for several years been stationary. He is robust and -healthy, and the change of color was not accompanied with any -sensible disease, either general or topical. - -Of our fish and insects there has been nothing like a full description -or collection. More of them are described in Catesby -than in any other work. Many also are to be found in Sir Hans -Sloane's Jamaica, as being common to that and this country. -The honey-bee is not a native of our continent. Marcgrave, indeed, -mentions a species of honey-bee in Brazil. But this has -no sting, and is therefore different from the one we have, which -resembles perfectly that of Europe. The Indians concur with -us in the tradition that it was brought from Europe; but when, -and by whom, we know not. The bees have generally extended -themselves into the country, a little in advance of the -white settlers. The Indians, therefore, call them the white -man's fly, and consider their approach as indicating the approach -of the settlements of the whites. A question here occurs, How -far northwardly have these insects been found? That they are -unknown in Lapland, I infer from Scheffer's information, that -the Laplanders eat the pine bark, prepared in a certain way, instead -of those things sweetened with sugar. "Hoc comedunt -pro rebus saccharo conditis." Scheff. Lapp. c. 18. Certainly if -they had honey, it would be a better substitute for sugar than -any preparation of the pine bark. Kalm tells us[44] the honey-bee -cannot live through the winter in Canada. They furnish then -an additional fact first observed by the Count de Buffon, and -which has thrown such a blaze of light on the field of natural -history, that no animals are found in both continents, but those -which are able to bear the cold of those regions where they probably -join. - -FOOTNOTES: - - [3] 2 Buffon Epoques, 96. - - [4] Hunter. - - [5] D'Aubenton. - - [6] Buffon, xviii. 112 edit. Paris, 1764. - - [7] Buffon, xviii. 100, 156. - - [8] viii. 134. - - [9] It is said that this animal is seldom seen above thirty - miles from shore, or beyond the 56th degree of latitude. - The interjacent islands between Asia and America admit his - passing from one continent to the other without exceeding - these bounds. And in fact, travellers tell us that these - islands are places of principal resort for them, and - especially in the season of bringing forth their young. - - [10] I. 233, Lon. 1772. - - [11] Ib. 233. - - [12] l. xxvii. - - [13] XXIV. 162. - - [14] XV. 42. - - [15] I. 359. I. 48, 221, 251. II. 52. - - [16] II. 78. - - [17] I. 220. - - [18] XXVII. 63. XIV. 119. Harris, II. 387. Buffon, Quad. IX. 1. - - [19] Quad. IX. 158. - - [20] XXV. 184. - - [21] Quad. IX. 132. - - [22] XIX. 2. - - [23] Quad. IX. 41. - - [24] The descriptions of Theodat, Denys and La Honton, cited - by Monsieur de Buffon, under the article Elan, authorize - the supposition, that the flat-horned elk is found in the - northern parts of America. It has not however extended - to our latitudes. On the other hand, I could never learn - that the round-horned elk has been seen further north - than the Hudson's river. This agrees with the former elk - in its general character, being, like that, when compared - with a deer, very much larger, its ears longer, broader, - and thicker in proportion, its hair much longer, neck and - tail shorter, having a dewlap before the breast (caruncula - gutturalis Linnæi) a white spot often, if not always, of - a foot diameter, on the hinder part of the buttocks round - the tail; its gait a trot, and attended with a rattling - of the hoofs; but distinguished from that decisively by - its horns, which are not palmated, but round and pointed. - This is the animal described by Catesby as the Cervus major - Americanus, the stag of America, le Cerf de l'Amerique. But - it differs from the Cervus as totally as does the palmated - elk from the dama. And in fact it seems to stand in the - same relation to the palmated elk, as the red deer does - to the fallow. It has abounded in Virginia, has been seen, - within my knowledge, on the eastern side of the Blue Ridge - since the year 1765, is now common beyond those mountains, - has been often brought to us and tamed, and its horns are - in the hands of many. I should designate it as the "Alces - Americanus cornibus teretibus." It were to be wished, that - naturalists, who are acquainted with the renne and elk of - Europe, and who may hereafter visit the northern parts - of America, would examine well the animals called there - by the names of gray and black moose, caribou, original - and elk. Monsieur de Buffon has done what could be done - from the materials in his hands, toward clearing up the - confusion introduced by the loose application of these names - among the animals they are meant to designate. He reduces - the whole to the renne and flat-horned elk. From all the - information I have been able to collect, I strongly suspect - they will be found to cover three, if not four distinct - species of animals. I have seen skins of a moose, and of - the caribou: they differ more from each other, and from - that of the round-horned elk, than I ever saw two skins - differ which belonged to different individuals of any wild - species. These differences are in the color, length, and - coarseness of the hair, and in the size, texture, and marks - of the skin. Perhaps it will be found that there is, 1, - the moose, black and gray, the former being said to be the - male, and the latter the female; 2, the caribou or renne; - 3, the flat-horned elk, or original; 4, the round-horned - elk. Should this last, though possessing so nearly the - characters of the elk, be found to be the same with the - Cerf d'Ardennes or Brandhitz of Germany, still there will - remain the three species first enumerated. - - [25] Kalm II. 340, I. 82. - - [26] The Tapir is the largest of the animals peculiar to America. - I collect his weight thus: Monsieur de Buffon says, XXIII. - 274, that he is of the size of a Zebu, or a small cow. - He gives us the measures of a Zebu, ib. 4, as taken by - himself, viz. five feet seven inches from the muzzle to - the root of the tail, and five feet one inch circumference - behind the fore-legs. A bull, measuring in the same way - six feet nine inches and five feet two inches, weighed six - hundred pounds, VIII. 153. The Zebu then, and of course - the Tapir, would weigh about five hundred pounds. But one - individual of every species of European peculiars would - probably weigh less than four hundred pounds. These are - French measures and weights. - - [27] VII. 432. - - [28] VII. 474. - - [29] In Williamsburg, April, 1769. - - [30] VIII. 48, 55, 66. - - [31] XVIII. 96. - - [32] IX. 41. - - [33] XXX. 219. - - [34] XVIII. 146. - - [35] Sol Rodomonte sprezza di venire - Se non, dove la via meno o fieura.--ARISTO, 14, 117. - - - [36] In so judicious an author as Don Ulloa, and one to whom we - are indebted for the most precise information we have of - South America, I did not expect to find such assertions as - the following: "Los Indios vencidos son los mas cobardes - y pusilanimes que se pueden vér: Se hacen inöcentes, le - humillan hasta el desprecio, disculpan su inconsiderado - arrojo, y con las suplicas y los ruegos dán seguras pruebas - de su pusilanimidad. Ó lo que resieren las historias de - la Conquista, sobre sus grandes acciones, es en un sendito - figurado, ó el caracter de estas gentes no es ahora segun - era entonces; pero lo que no tiene duda es, que las Naciones - de la parte Septentrional subsisten en la misma libertad - que siempre han tenido, sin haber sido sojuzgados por algon - Principe extrano, y que viven segun su régimen y costumbres - de toda la vida, sin que haya habido motivo para que muden - de caracter; y en estos se vé lo mismo, que sucede en los - Peru, y de toda la América Meridional, reducidos, y que - nunca lo han estado." Noticias Americanas, Entretenimiento - xviii. §. 1. Don Ulloa here admits, that the authors who - have described the Indians of South America, before they - were enslaved, had represented them as a brave people, - and therefore seems to have suspected that the cowardice - which he had observed in those of the present race might - be the effect of subjugation. But, supposing the Indians - of North America to be cowards also, he concludes the - ancestors of those of South America to have been so too, - and, therefore, that those authors have given fictions - for truth. He was probably not acquainted himself with - the Indians of North America, and had formed his opinion - from hear-say. Great numbers of French, of English, and - of Americans, are perfectly acquainted with these people. - Had he had an opportunity of inquiring of any of these, - they would have told him, that there never was an instance - known of an Indian begging his life when in the power - of his enemies; on the contrary, that he courts death - by every possible insult and provocation. His reasoning, - then, would have been reversed thus: "Since the present - Indian of North America is brave, and authors tell us that - the ancestors of those of South America were brave also, - it must follow that the cowardice of their descendants - is the effect of subjugation and ill treatment." For he - observes, ib. §. 27, that "los obrages los aniquillan por - la inhumanidad con que se les trata." - - [37] XVIII. 146. - - [38] Linn. Syst. Definition of a Man. - - [39] A remarkable instance of this appeared in the case of the - late Colonel Byrd, who was sent to the Cherokee nation to - transact some business with them. It happened that some of - our disorderly people had just killed one or two of that - nation. It was therefore proposed in the council of the - Cherokees that Colonel Byrd should be put to death, in - revenge for the loss of their countrymen. Among them was - a chief named Silòuee, who, on some former occasion, had - contracted an acquaintance and friendship with Colonel Byrd. - He came to him every night in his tent, and told him not - to be afraid, they should not kill him. After many days' - deliberation, however, the determination was, contrary to - Silòuee's expectation, that Byrd should be put to death, - and some warriors were despatched as executioners. Silòuee - attended them, and when they entered the tent, he threw - himself between them and Byrd, and said to the warriors, - "This man is my friend; before you get at him, you must - kill me." On which they returned, and the council respected - the principle so much as to recede from their determination. - - [40] PHILADELPHIA, December 31, 1797. - - DEAR SIR,--Mr. Tazewell has communicated to me the inquiries - you have been so kind as to make, relative to a passage - in the "Notes on Virginia," which has lately excited some - newspaper publications. I feel, with great sensibility, - the interest you take in this business, and with pleasure, - go into explanations with one whose objects I know to be - truth and justice alone. Had Mr. Martin thought proper - to suggest to me, that doubts might be entertained of the - transaction respecting Logan, as stated in the "Notes on - Virginia," and to inquire on what grounds that statement - was founded, I should have felt myself obliged by the - inquiry; have informed him candidly of the grounds, and - cordially have co-operated in every means of investigating - the fact, and correcting whatsoever in it should be found - to have been erroneous. But he chose to step at once into - the newspapers, and in his publications there and the - letters he wrote to me, adopted a style which forbade the - respect of an answer. Sensible, however, that no act of - his could absolve me from the justice due to others, as - soon as I found that the story of Logan could be doubted, - I determined to inquire into it as accurately as the - testimony remaining, after a lapse of twenty odd years, - would permit, and that the result should be made known, - either in the first new edition which should be printed of - the "Notes on Virginia," or by publishing an appendix. I - thought that so far as that work had contributed to impeach - the memory of Cresap, by handing on an erroneous charge it - was proper it should be made the vehicle of retribution. - Not that I was at all the author of the injury; I had - only concurred, with thousands and thousands of others, - in believing a transaction on authority which merited - respect. For the story of Logan is only repeated in the - "Notes on Virginia," precisely as it had been current for - more than a dozen years before they were published. When - Lord Dunmore returned from the expedition against the - Indians, in 1774, he and his officers brought the speech - of Logan, and related the circumstances of it. These were - so affecting, and the speech itself so fine a morsel of - eloquence, that it became the theme of every conversation, - in Williamsburg particularly, and generally, indeed, - wheresoever any of the officers resided or resorted. I - learned it in Williamsburg, I believe at Lord Dunmore's; - and I find in my pocket-book of that year (1774) an entry - of the narrative, as taken from the mouth of some person, - whose name, however, is not noted, nor recollected, - precisely in the words stated in the "Notes on Virginia." - The speech was published in the Virginia Gazette of that - time, (I have it myself in the volume of gazettes of that - year,) and though it was the translation made by the common - interpreter, and in a style by no means elegant, yet it - was so admired, that it flew through all the public papers - of the continent, and through the magazines and other - periodical publications of Great Britain; and those who - were boys at that day will now attest, that the speech - of Logan used to be given them as a school exercise for - repetition. It was not till about thirteen or fourteen - years after the newspaper publications, that the "Notes on - Virginia" were published in America. Combating, in these, - the contumelious theory of certain European writers, whose - celebrity gave currency and weight to their opinions, that - our country from the combined effects of soil and climate, - degenerated animal nature, in the general, and particularly - the moral faculties of man, I considered the speech of - Logan as an apt proof of the contrary, and used it as - such; and I copied, verbatim, the narrative I had taken - down in 1774, and the speech as it had been given us in a - better translation by Lord Dunmore. I knew nothing of the - Cresaps, and could not possibly have a motive to do them - an injury with design. I repeated what thousands had done - before, on as good authority as we have for most of the - facts we learn through life, and such as, to this moment, - I have seen no reason to doubt. That any body questioned - it, was never suspected by me, till I saw the letter of - Mr. Martin in the Baltimore paper. I endeavored then to - recollect who among my contemporaries, of the same circle - of society, and consequently of the same recollections, - might still be alive; three and twenty years of death - and dispersion had left very few. I remembered, however, - that General Gibson was still living, and knew that he - had been the translator of the speech. I wrote to him - immediately. He, in answer, declares to me, that he was - the very person sent by Lord Dunmore to the Indian town; - that, after he had delivered his message there, Logan - took him out to a neighboring wood; sat down with him, and - rehearsing, with tears, the catastrophe of his family, gave - him that speech for Lord Dunmore; that he carried it to - Lord Dunmore; translated it for him; has turned to it in - the Encyclopedia, as taken from the "Notes on Virginia," - and finds that it was his translation I had used, with - only two or three verbal variations of no importance. - These, I suppose, had arisen in the course of successive - copies. I cite General Gibson's letter by memory, not - having it with me; but I am sure I cite it substantially - right. It establishes unquestionably, that the speech of - Logan is genuine; and that being established, it is Logan - himself who is author of all the important facts. "Colonel - Cresap," says he, "in cold blood and unprovoked, murdered - all the relations of Logan, not sparing even my women - and children; there runs not a drop of my blood in the - veins of any living creature." The person and the fact, - in all its material circumstances, are here given by Logan - himself. General Gibson, indeed, says, that the title was - mistaken; that Cresap was a Captain, and not a Colonel. - This was Logan's mistake. He also observes, that it was on - another water of the Ohio, and not on the Kanhaway, that - his family was killed. This is an error which has crept - into the traditionary account; but surely of little moment - in the moral view of the subject. The material question - is, was Logan's family murdered, and by whom? That it - was murdered has not, I believe, been denied; that it was - by one of the Cresaps, Logan affirms. This is a question - which concerns the memories of Logan and Cresap; to the - issue of which I am as indifferent as if I had never heard - the name of either. I have begun and shall continue to - inquire into the evidence additional to Logan's, on which - the fact was founded. Little, indeed, can now be heard - of, and that little dispersed and distant. If it shall - appear on inquiry, that Logan has been wrong in charging - Cresap with the murder of his family, I will do justice - to the memory of Cresap, as far as I have contributed to - the injury, by believing and repeating what others had - believed and repeated before me. If, on the other hand, I - find that Logan was right in his charge, I will vindicate, - as far as my suffrage may go, the truth of a Chief, whose - talents and misfortunes have attached to him the respect - and commiseration of the world. - - I have gone, my dear Sir, into this lengthy detail to - satisfy a mind, in the candor and rectitude of which I have - the highest confidence. So far as you may incline to use - the communication for rectifying the judgments of those - who are willing to see things truly as they are, you are - free to use it. But I pray that no confidence which you may - repose in any one, may induce you to let it go out of your - hands, so as to get into a newspaper: against a contest - in that field I am entirely decided. I feel extraordinary - gratification, indeed, in addressing this letter to you, - with whom shades of difference in political sentiment have - not prevented the interchange of good opinion, nor cut off - the friendly offices of society and good correspondence. - This political tolerance is the more valued by me, who - consider social harmony as the first of human felicities, - and the happiest moments, those which are given to the - effusions of the heart. Accept them sincerely, I pray you, - from one who has the honor to be, with sentiments of high - respect and attachment, dear Sir, your most obedient, and - most humble servant. - - [41] Has the world as yet produced more than two poets, - acknowledged to be such by all nations? An Englishman only - reads Milton with delight, an Italian, Tasso, a Frenchman, - the Henriade; a Portuguese, Camoens; but Homer and Virgil - have been the rapture of every age and nation; they are - read with enthusiasm in their originals by those who can - read the originals, and in translations by those who cannot. - - [42] There are various ways of keeping truth out of sight. Mr. - Rittenhouse's model of the planetary system has the plagiary - application of an Orrery; and the quadrant invented by - Godfrey, an American also, and with the aid of which the - European nations traverse the globe, is called Hadley's - quadrant. - - [43] In a later edition of the Abbé Raynal's work, he has - withdrawn his censure from that part of the new world - inhabited by the Federo-Americans; but has left it still - on the other parts. North America has always been more - accessible to strangers than South. If he was mistaken - then as to the former, he may be so as to the latter. The - glimmerings which reach us from South America enable us - to see that its inhabitants are held under the accumulated - pressure of slavery, superstition and ignorance. Whenever - they shall be able to rise under this weight, and to show - themselves to the rest of the world, they will probably - show they are like the rest of the world. We have not yet - sufficient evidence that there are more lakes and fogs in - South America than in other parts of the earth. As little - do we know what would be their operation on the mind - of man. That country has been visited by Spaniards and - Portuguese chiefly, and almost exclusively. These, going - from a country of the old world remarkably dry in its soil - and climate, fancied there were more lakes and fogs in - South America than in Europe. An inhabitant of Ireland, - Sweden, or Finland would have formed the contrary opinion. - Had South America then been discovered and settled by a - people from a fenny country, it would probably have been - represented as much drier than the old world. A patient - pursuit of facts, and cautious combination and comparison - of them, is the drudgery to which man is subjected by his - Maker, if he wishes to attain sure knowledge. - - [44] I. 126. - - -QUERY VII. - -_A notice of all that can increase the progress of Human -Knowledge?_ - -Under the latitude of this query, I will presume it not improper -nor unacceptable to furnish some data for estimating the -climate of Virginia. Journals of observations on the quantity -of rain, and degree of heat, being lengthy, confused, and too -minute to produce general and distinct ideas, I have taken five -years' observations, to wit, from 1772 to 1777, made in Williamsburg -and its neighborhood, have reduced them to an average -for every month in the year, and stated those averages in the -following table, adding an analytical view of the winds during -the same period. - -The rains of every month, (as of January, for instance,) -through the whole period of years, were added separately, and -an average drawn from them. The coolest and warmest point -of the same day in each year of the period, were added separately, -and an average of the greatest cold and greatest heat of -that day was formed. From the averages of every day in the -month, a general average was formed. The point from which -the wind blew, was observed two or three times in every day. -These observations, in the month of January, for instance, -through the whole period, amounted to three hundred and thirty-seven. -At seventy-three of these, the wind was from the north; -forty-seven from the north-east, &c. So that it will be easy to -see in what proportion each wind usually prevails in each month; -or, taking the whole year, the total of observations through the -whole period having been three thousand six hundred and ninety-eight, -it will be observed that six hundred and eleven of them -were from the north, five hundred and fifty-eight from the -north-east, &c. - - - ------+-------+--------------+----------------------------------------- - |Fall |Least and | WINDS. - |of |greatest +---+----+---+----+---+----+---+----+----- - |rain, |daily heat, by| - |etc., |Fahrenheit's | | | | | | | | | - |in |thermometer. |N. |N.E.| E.|S.E.| S.|S.W.| W.|N.W.|Total. - |inches.| | | | | | | | | | - ------+-------+--------------+---+----+---+----+---+----+---+----+------ - Jan. | 3.192 | 38½ to 44 | 73| 47 | 32| 10 | 11| 78 | 40| 46 | 337 - Feb. | 2.049 | 41 .. 47½ | 61| 52 | 24| 11 | 4| 63 | 30| 31 | 276 - March | 3.95 | 48 .. 54½ | 49| 44 | 38| 28 | 14| 83 | 29| 33 | 318 - April | 3.68 | 56 .. 62½ | 35| 44 | 54| 19 | 9| 58 | 18| 20 | 257 - May | 2.871 | 63 .. 70½ | 27| 36 | 62| 23 | 7| 74 | 32| 20 | 281 - June | 3.751 | 71½ .. 78¼ | 22| 34 | 43| 24 | 13| 81 | 25| 25 | 267 - July | 4.497 | 77 .. 82½ | 41| 44 | 75| 15 | 7| 95 | 32| 19 | 328 - August| 9.153 | 76¼ .. 81 | 43| 52 | 40| 30 | 9|103 | 27| 30 | 334 - Sept. | 4.761 | 69½ .. 74¼ | 70| 60 | 51| 18 | 10| 81 | 18| 37 | 345 - Oct. | 3.633 | 61¼ .. 66½ | 52| 77 | 64| 15 | 6| 56 | 23| 34 | 327 - Nov. | 2.617 | 47¾ .. 53½ | 74| 21 | 20| 14 | 9| 63 | 35| 58 | 294 - Dec. | 2.877 | 43 .. 48¾ | 64| 37 | 18| 16 | 10| 91 | 42| 56 | 334 - +-------+--------------+---+----+---+----+---+----+---+----+----- - Total.|47.038 | 8 A.M. |611|548 |521|223 |109|926 |351|409 |3,698 - | | to 4 P. M. | | | | | | | | | - ------+-------+--------------+---+----+---+----+---+----+---+----+----- - -Though by this table it appears we have on an average forty-seven -inches of rain annually, which is considerably more than -usually falls in Europe, yet from the information I have collected, -I suppose we have a much greater proportion of sunshine -here than there. Perhaps it will be found, there are twice as -many cloudy days in the middle parts of Europe, as in the -United States of America. I mention the middle parts of Europe, -because my information does not extend to its northern or -southern parts. - -In an extensive country, it will of course be expected that the -climate is not the same in all its parts. It is remarkable, that -proceeding on the same parallel of latitude westwardly, the -climate becomes colder in like manner as when you proceed -northwardly. This continues to be the case till you attain the -summit of the Alleghany, which is the highest land between the -ocean and the Mississippi. From thence, descending in the -same latitude to the Mississippi, the change reverses; and, if we -may believe travellers, it becomes warmer there than it is in the -same latitude on the sea-side. Their testimony is strengthened -by the vegetables and animals which subsist and multiply there -naturally, and do not on the sea-coast. Thus Catalpas grow -spontaneously on the Mississippi, as far as the latitude of 37°, -and reeds as far as 38°. Parroquets even winter on the Scioto, -in the 39th degree of latitude. In the summer of 1779, when -the thermometer was at 90° at Monticello, and 96° at Williamsburg, -it was 110° at Kaskaskia. Perhaps the mountain, -which overhangs this village on the north side, may, by its reflection, -have contributed somewhat to produce this heat. The -difference of temperature of the air at the sea-coast, or on the -Chesapeake bay, and at the Alleghany, has not been ascertained; -but contemporary observations, made at Williamsburg, or in its -neighborhood, and at Monticello, which is on the most eastern -ridge of the mountains, called the South-West, where they are -intersected by the Rivanna, have furnished a ratio by which that -difference may in some degree be conjectured. These observations -make the difference between Williamsburg and the nearest -mountains, at the position before mentioned, to be on an -average 6⅓° of Fahrenheit's thermometer. Some allowance, -however, is to be made for the difference of latitude between -these two places, the latter being 38° 8' 17", which is 52' 22" -north of the former. By contemporary observations of between -five and six weeks, the averaged and almost unvaried difference -of the height of mercury in the barometer, at those two places, -was .784 of an inch, the atmosphere at Monticello being so -much the lightest, that is to say, about one-thirty-seventh of its -whole weight. It should be observed, however, that the hill of -Monticello is of five hundred feet perpendicular height above the -river which washes its base. This position being nearly central -between our northern and southern boundaries, and between the -bay and Alleghany, may be considered as furnishing the best -average of the temperature of our climate. Williamsburg is -much too near the south-eastern corner to give a fair idea of our -general temperature. - -But a more remarkable difference is in the winds which prevail -in the different parts of the country. The following table -exhibits a comparative view of the winds prevailing at Williamsburg, -and at Monticello. It is formed by reducing nine months' -observations at Monticello to four principal points, to wit, the -north-east, south-east, south-west, and north-west; these points -being perpendicular to, or parallel with our coast, mountains, and -rivers; and by reducing in like manner, an equal number of observations, -to wit, four hundred and twenty-one from the preceding -table of winds at Williamsburg, taking them proportionably -from every point: - - N.E. S.E. S.W. N.W. Total. - Williamsburg 127 61 132 101 421 - Monticello 32 91 126 172 421 - -By this it may be seen that the south-west wind prevails -equally at both places; that the north-east is, next to this, the -principal wind towards the sea-coast, and the north-west is the -predominant wind at the mountains. The difference between -these two winds to sensation, and in fact, is very great. The -north-east is loaded with vapor, insomuch, that the salt-makers -have found that their crystals would not shoot while that blows; -it brings a distressing chill, and is heavy and oppressive to the -spirits. The north-west is dry, cooling, elastic, and animating. -The eastern and south-eastern breezes come on generally in the -afternoon. They have advanced into the country very sensibly -within the memory of people now living. They formerly did -not penetrate far above Williamsburg. They are now frequent -at Richmond, and every now and then reach the mountains. -They deposit most of their moisture, however, before they get -that far. As the lands become more cleared, it is probable they -will extend still further westward. - -Going out into the open air, in the temperate, and warm -months of the year, we often meet with bodies of warm air, -which passing by us in two or three seconds, do not afford time -to the most sensible thermometer to seize their temperature. -Judging from my feelings only, I think they approach the ordinary -heat of the human body. Some of them, perhaps, go a -little beyond it. They are of about twenty to thirty feet diameter -horizontally. Of their height we have no experience, but -probably they are globular volumes wafted or rolled along with -the wind. But whence taken, where found, or how generated? -They are not to be ascribed to volcanos, because we have none. -They do not happen in the winter when the farmers kindle large -fires in clearing up their grounds. They are not confined to the -spring season, when we have fires which traverse whole counties, -consuming the leaves which have fallen from the trees. And -they are too frequent and general to be ascribed to accidental -fires. I am persuaded their cause must be sought for in the atmosphere -itself, to aid us in which I know but of these constant -circumstances: a dry air; a temperature as warm, at least, as that -of the spring or autumn; and a moderate current of wind. -They are most frequent about sun-set; rare in the middle parts -of the day; and I do not recollect having ever met with them in -the morning. - -The variation in the weight of our atmosphere, as indicated -by the barometer, is not equal to two inches of mercury. During -twelve months' observation at Williamsburg, the extremes -29 and 30.86 inches, the difference being 1.86 of an inch; and -in nine months, during which the height of the mercury was -noted at Monticello, the extremes were 28.48 and 29.69 inches, -the variation being 1.21 of an inch. A gentleman, who has observed -his barometer many years, assures me it has never varied -two inches. Contemporary observations made at Monticello and -Williamsburg, proved the variations in the weight of air to be -simultaneous and corresponding in these two places. - -Our changes from heat to cold, and cold to heat, are very sudden -and great. The mercury in Fahrenheit's thermometer has -been known to descend from 92° to 47° in thirteen hours. - -It was taken for granted, that the preceding table of average -heat will not give a false idea on this subject, as it proposes to -state only the ordinary heat and cold of each month, and not -those which are extraordinary. At Williamsburg, in August -1766, the mercury in Fahrenheit's thermometer was at 98°, corresponding -with 29⅓ of Reaumur. At the same place in January -1780, it was 6°, corresponding with 11½ below zero of Reaumur. -I believe[45] these may be considered to be nearly the extremes -of heat and cold in that part of the country. The latter -may most certainly, as that time York river, at Yorktown, was -frozen over, so that people walked across it; a circumstance -which proves it to have been colder than the winter of 1740, -1741, usually called the cold winter, when York river did not -freeze over at that place. In the same season of 1780, Chesapeake -bay was solid, from its head to the mouth of Potomac. -At Annapolis, where it is 5¼ miles over between the nearest -points of land, the ice was from five to seven inches thick quite -across, so that loaded carriages went over on it. Those, our extremes -of heat and cold, of 6° and 98°, were indeed very distressing -to us, and were thought to put the extent of the human -constitution to considerable trial. Yet a Siberian would have -considered them as scarcely a sensible variation. At Jenniseitz -in that country, in latitude 58° 27', we are told that the cold in -1735 sunk the mercury by Fahrenheit's scale to 126° below nothing; -and the inhabitants of the same country use stove rooms -two or three times a week, in which they stay two hours at a -time, the atmosphere of which raises the mercury to 135° above -nothing. Late experiments show that the human body will -exist in rooms heated to 140° of Reaumur, equal to 347° of -Fahrenheit's, and 135° above boiling water. The hottest point -of the twenty-four hours is about four o'clock, P. M., and the -dawn of day the coldest. - -The access of frost in autumn, and its recess the spring, do -not seem to depend merely on the degree of cold; much less on -the air's being at the freezing point. White frosts are frequent -when the thermometer is at 47°, have killed young plants of -Indian corn at 48°, and have been known at 54°. Black frost, -and even ice, have been produced at 38½°, which is 6½ degrees -above the freezing point. That other circumstances must be -combined with this cold to produce frost, is evident from this -also, on the higher parts of mountains, where it is absolutely -colder than in the plains on which they stand, frosts do not appear -so early by a considerable space of time in autumn, and go -off sooner in the spring, than in the plains. I have known frosts -so severe as to kill the hickory trees round about Monticello, and -yet not injure the tender fruit blossoms then in bloom on the top -and higher parts of the mountain; and in the course of forty -years, during which it had been settled, there have been but -two instances of a general loss of fruit on it; while in the circumjacent -country, the fruit has escaped but twice in the last -seven years. The plants of tobacco, which grow from the roots -of those which have been cut off in the summer, are frequently -green here at Christmas. This privilege against the frost is undoubtedly -combined with the want of dew on the mountains. -That the dew is very rare on their higher parts, I may say with -certainty, from twelve years' observations, having scarcely ever, -during that time, seen an unequivocal proof of its existence on -them at all during summer. Severe frosts in the depth of winter -prove that the region of dews extends higher in that season than -the tops of the mountains; but certainly, in the summer season, -the vapors, by the time they attain that height, are so attenuated -as not to subside and form a dew when the sun retires. - -The weavil has not yet ascended the high mountains. - -A more satisfactory estimate of our climate to some, may perhaps -be formed, by noting the plants which grow here, subject, -however, to be killed by our severest colds. These are the fig, -pomegranate, artichoke, and European walnut. In mild winters, -lettuce and endive require no shelter; but, generally, they need a -slight covering. I do not know that the want of long moss, -reed, myrtle, swamp laurel, holly, and cypress, in the upper -country proceeds from a greater degree of cold, nor that they -were ever killed with any degree of cold, nor that they were -ever killed with any degree of cold in the lower country. The -aloe lived in Williamsburg, in the open air, through the severe -winter of 1779, 1780. - -A change in our climate, however, is taking place very sensibly. -Both heats and colds are become much more moderate -within the memory even of the middle-aged. Snows are less -frequent and less deep. They do not often lie, below the mountains, -more than one, two, or three days, and very rarely a week. -They are remembered to have been formerly frequent, deep, and -of long continuance. The elderly inform me, the earth used to be -covered with snow about three months in every year. The -rivers, which then seldom failed to freeze over in the course of -the winter, scarcely ever do so now. This change has produced -an unfortunate fluctuation between heat and cold, in the spring -of the year, which is very fatal to fruits. From the year 1741 -to 1769, an interval of twenty-eight years, there was no instance -of fruit killed by the frost in the neighborhood of Monticello. -An intense cold, produced by constant snows, kept the buds -locked up till the sun could obtain, in the spring of the year, so -fixed an ascendency as to dissolve those snows, and protect the -buds, during their development, from every danger of returning -cold. The accumulated snows of the winter remaining to be -dissolved all together in the spring, produced those overflowings -of our rivers, so frequent then, and so rare now. - -Having had occasion to mention the particular situation of -Monticello for other purposes, I will just take notice that its elevation -affords an opportunity of seeing a phenomenon which is -rare at land, though frequent at sea. The seamen call it _looming_. -Philosophy is as yet in the rear of the seamen, for so far -from having accounted for it, she has not given it a name. Its -principal effect is to make distant objects appear larger, in opposition -to the general law of vision, by which they are diminished. -I knew an instance, at Yorktown, from whence the -water prospect eastwardly is without termination, wherein a -canoe with three men, at a great distance was taken for a ship -with its three masts. I am little acquainted with the phenomenon -as it shows itself at sea; but at Monticello it is familiar. -There is a solitary mountain about forty miles off in the South, -whose natural shape, as presented to view there, is a regular -cone; but by the effect of looming, it sometimes subsides almost -totally in the horizon; sometimes it rises more acute and more -elevated; sometimes it is hemispherical; and sometimes its sides -are perpendicular, its top flat, and as broad as its base. In short, -it assumes at times the most whimsical shapes, and all these perhaps -successively in the same morning. The blue ridge of -mountains comes into view, in the north-east, at about one hundred -miles distance, and approaching in a direct line, passes by -within twenty miles, and goes off to the south-west. This phenomenon -begins to show itself on these mountains, at about -fifty miles distance, and continues beyond that as far as they are -seen. I remark no particular state, either in the weight, moisture, -or heat of the atmosphere, necessary to produce this. The -only constant circumstances are its appearance in the morning -only, and on objects at least forty or fifty miles distant. In this -latter circumstance, if not in both, it differs from the looming on -the water. Refraction will not account for the metamorphosis. -That only changes the proportions of length and breadth, base -and altitude, preserving the general outlines. Thus it may -make a circle appear elliptical, raise or depress a cone, but by -none of its laws, as yet developed, will it make a circle appear a -square, or a cone a sphere. - -FOOTNOTE: - - [45] At Paris, in 1753, the mercury in Reaumur's thermometer - was at 30½ above zero, and in 1776, it was at 16 below - zero. The extremities of heat and cold therefore at Paris, - are greater than at Williamsburg, which is in the hottest - part of Virginia. - - -QUERY VIII. - -_The number of its inhabitants?_ - -The following table shows the number of persons imported -for the establishment of our colony in its infant state, and the -census of inhabitants at different periods, extracted from our historians -and public records, as particularly as I have had opportunities -and leisure to examine them. Successive lines in the -same year show successive periods of time in that year. I have -stated the census in two different columns, the whole inhabitants -having been sometimes numbered, and sometimes the _tythes_ -only. This term, with us, includes the free males above sixteen -years of age, and slaves above that age of both sexes. A further -examination of our records would render this history of our population -much more satisfactory and perfect, by furnishing a greater -number of intermediate terms. These, however, which are -here stated will enable us to calculate, with a considerable degree -of precision, the rate at which we have increased. During -the infancy of the colony, while numbers were small, wars, importations, -and other accidental circumstances render the progression -fluctuating and irregular. By the year 1654, however, -it becomes tolerably uniform, importations having in a great -measure ceased from the dissolution of the company, and the inhabitants -become too numerous to be sensibly affected by Indian -wars. Beginning at that period, therefore, we find that from -thence to the year 1772, our tythes had increased from 7,209 to -153,000. The whole term being of one hundred and eighteen -years, yields a duplication once in every twenty-seven and a -quarter years. The intermediate enumerations taken in 1700, -1748, and 1759, furnish proofs of the uniformity of this progression. -Should this rate of increase continue, we shall have -between six and seven millions of inhabitants within ninety-five -years. If we suppose our country to be bounded, at some -future day, by the meridian of the mouth of the Great Kanhaway, -(within which it has been before conjectured, are 64,461 -square miles) there will then be one hundred inhabitants for -every square mile, which is nearly the state of population in the -British Islands. - - --------+--------------------+------------------------+----------- - Years. | Settlers Imported. | Census of Inhabitants. | Census of - | | | Tythes. - --------|--------------------+------------------------+----------- - 1607 | 100 | ... | ... - | ... | 40 | ... - | 120 | ... | ... - 1608 | ... | 130 | ... - | 70 | ... | ... - 1609 | ... | 490 | ... - | 16 | ... | ... - | ... | 60 | ... - 1610 | 150 | ... | ... - | ... | 200 | ... - 1611 | 3 ship loads. | ... | ... - | 300 | ... | ... - 1612 | 80 | ... | ... - 1617 | ... | 400 | ... - 1618 | 200 | ... | ... - | 40 | ... | ... - | ... | 600 | ... - 1619 | 1,216 | ... | ... - 1621 | 1,300 | ... | ... - 1622 | ... | 3,800 | ... - | ... | 2,500 | ... - 1628 | ... | 3,000 | ... - 1632 | ... | ... | 2,000 - 1644 | ... | ... | 4,822 - 1645 | ... | ... | 5,000 - 1652 | ... | ... | 7,000 - 1654 | ... | ... | 7,209 - 1700 | ... | ... | 22,000 - 1748 | ... | ... | 82,100 - 1759 | ... | ... | 105,000 - 1772 | ... | ... | 153,000 - 1782 | ... | 567,614 | - --------+--------------------+------------------------+----------- - -Here I will beg leave to propose a doubt. The present desire -of America is to produce rapid population by as great importations -of foreigners as possible. But is this founded in good -policy? The advantage proposed is the multiplication of numbers. -Now let us suppose (for example only) that, in this state, -we could double our numbers in one year by the importation of -foreigners; and this is a greater accession than the most sanguine -advocate for emigration has a right to expect. Then I -say, beginning with a double stock, we shall attain any given -degree of population only twenty-seven years, and three months -sooner than if we proceed on our single stock. If we propose -four millions and a half as a competent population for this State, -we should be fifty-four and a half years attaining it, could we at -once double our numbers; and eighty-one and three quarter -years, if we rely on natural propagation, as may be seen by the -following tablet: - - Proceeding on Proceeding on - our present stock. a double stock. - - 1781 567,614 1,135,228 - 1808¼ 1,135,228 2,270,456 - 1835½ 2,270,456 4,540,912 - 1862¾ 4,540,912 - - -In the first column are stated periods of twenty-seven and a -quarter years; in the second are our numbers at each period, as -they will be if we proceed on our actual stock; and in the third -are what they would be, at the same periods, were we to set out -from the double of our present stock. I have taken the term of -four million and a half of inhabitants for example's sake only. -Yet I am persuaded it is a greater number than the country -spoken of, considering how much inarable land it contains, can -clothe and feed without a material change in the quality of their -diet. But are there no inconveniences to be thrown into the -scale against the advantage expected from a multiplication of -numbers by the importation of foreigners? It is for the happiness -of those united in society to harmonize as much as possible -in matters which they must of necessity transact together. Civil -government being the sole object of forming societies, its administration -must be conducted by common consent. Every -species of government has its specific principles. Ours perhaps -are more peculiar than those of any other in the universe. It is -a composition of the freest principles of the English constitution, -with others derived from natural right and natural reason. To -these nothing can be more opposed than the maxims of absolute -monarchies. Yet from such we are to expect the greatest number -of emigrants. They will bring with them the principles of -the governments they leave, imbibed in their early youth; or, if -able to throw them off, it will be in exchange for an unbounded -licentiousness, passing, as is usual, from one extreme to another. -It would be a miracle were they to stop precisely at the point of -temperate liberty. These principles, with their language, they -will transmit to their children. In proportion to their numbers, -they will share with us the legislation. They will infuse into it -their spirit, warp and bias its directions, and render it a heterogenous, -incoherent, distracted mass. I may appeal to experience, -during the present contest, for a verification of these conjectures. -But, if they be not certain in event, are they not possible, are -they not probable? Is it not safer to wait with patience twenty-seven -years and three months longer, for the attainment of any -degree of population desired or expected? May not our government -be more homogeneous, more peaceable, more durable? -Suppose twenty millions of republican Americans thrown all of -a sudden into France, what would be the condition of that kingdom? -If it would be more turbulent, less happy, less strong, we -may believe that the addition of half a million of foreigners to -our present numbers would produce a similar effect here. If -they come of themselves they are entitled to all the rights of -citizenship; but I doubt the expediency of inviting them by extraordinary -encouragements. I mean not that these doubts -should be extended to the importation of useful artificers. The -policy of that measure depends on very different considerations. -Spare no expense in obtaining them. They will after a while -go to the plough and the hoe; but, in the mean time, they will -teach us something we do not know. It is not so in agriculture. -The indifferent state of that among us does not proceed from a -want of knowledge merely; it is from our having such quantities -of land to waste as we please. In Europe the object is to -make the most of their land, labor being abundant; here it is to -make the most of our labor, land being abundant. - -It will be proper to explain how the numbers for the year -1782 have been obtained; as it was not from a perfect census of -the inhabitants. It will at the same time develope the proportion -between the free inhabitants and slaves. The following return -of taxable articles for that year was given in. - - 53,289 free males above twenty-one years of age. - 211,698 slaves of all ages and sexes. - 23,766 not distinguished in the returns, but said to be tytheable - slaves. - 195,439 horses. - 609,734 cattle. - 5,126 wheels of riding-carriages. - 191 taverns. - -There were no returns from the eight counties of Lincoln, -Jefferson, Fayette, Monongahela, Yohogania, Ohio, Northampton, -and York. To find the number of slaves which should -have been returned instead of the 23,766 tytheables, we must -mention that some observations on a former census had given -reason to believe that the numbers above and below sixteen -years of age were equal. The double of this number, therefore, -to wit, 47,532 must be added to 211,698, which will give us -259,230 slaves of all ages and sexes. To find the number of -free inhabitants we must repeat the observation that those above -and below sixteen are nearly equal. But as the number 53,289 -omits the males below sixteen and twenty-one we must supply -them from conjecture. On a former experiment it had appeared -that about one-third of our militia, that is, of the males between -sixteen and fifty, were unmarried. Knowing how early marriage -takes place here, we shall not be far wrong in supposing -that the unmarried part of our militia are those between sixteen -and twenty-one. If there be young men who do not marry till -after twenty-one, there are many who marry before that age. -But as men above fifty were not included in the militia, we will -suppose the unmarried, or those between sixteen and twenty-one, -to be one-fourth of the whole number above sixteen, then we -have the following calculation: - - 53,289 free males above twenty-one years of age. - 17,763 free males between sixteen and twenty-one. - 17,052 free males under sixteen. - 142,104 free males of all ages. - ------- - 284,208 free inhabitants of all ages. - 259,230 slaves of all ages. - ------- - 543,438 inhabitants, exclusive of the eight counties from - which were no returns. In these eight counties in the years - 1779 and 1780, were 3,161 militia. Say then, - 3,161 free males above the age of sixteen. - 3,161 free males under sixteen. - 6,322 free females. - ----- - 12,644 free inhabitants in these eight counties. To find the - number of slaves, say, as 284,208 to 259,230, so is 12,644 - to 11,532. Adding the third of these numbers to the first, - and the fourth to the second, we have, - 296,852 free inhabitants. - 270,762 slaves. - ------- - 567,614 inhabitants of every age, sex and condition. - -But 296,852, the number of free inhabitants, are to 270,762, the -number of slaves, nearly as 11 to 10. Under the mild treatment -our slaves experience, and their wholesome, though coarse food, -this blot in our country increases as fast, or faster than the -whites. During the regal government we had at one time obtained -a law which imposed such a duty on the importation of -slaves as amounted nearly to a prohibition, when one inconsiderate -assembly, placed under a peculiarity of circumstance, -repealed the law. This repeal met a joyful sanction from the -then reigning sovereign, and no devices, no expedients, which -could ever be attempted by subsequent assemblies, and they seldom -met without attempting them, could succeed in getting the -royal assent to a renewal of the duty. In the very first session -held under the republican government, the assembly passed a law -for the perpetual prohibition of the importation of slaves. This -will in some measure stop the increase of this great political and -moral evil, while the minds of our citizens may be ripening for -a complete emancipation of human nature. - - -QUERY IX. - -_The number and condition of the Militia and Regular Troops, -and their Pay?_ - -The following is a state of the militia, taken from returns of -1780 and 1781, except in those counties marked with an asterisk, -the returns from which are somewhat older. - -Every able-bodied freeman, between the ages of sixteen and -fifty, is enrolled in the militia. Those of every county are -formed into companies, and these again into one or more battalions, -according to the numbers in the county. They are commanded -by colonels, and other subordinate officers, as in the -regular service. In every county is a county-lieutenant, who -commands the whole militia of his county, but ranks only as a -colonel in the field. We have no general officers always existing. -These are appointed occasionally, when an invasion or insurrection -happens, and their commission determines with the -occasion. The governor is head of the military, as well as civil -power. The law requires every militia-man to provide himself -with the arms usual in the regular service. But this injunction -was always indifferently complied with, and the arms they had, -have been so frequently called for to arm the regulars, that in -the lower parts of the country they are entirely disarmed. In -the middle country a fourth or fifth part of them may have such -firelocks as they had provided to destroy the noxious animals -which infest their farms; and on the western side of the Blue -ridge they are generally armed with rifles. The pay of our -militia, as well as of our regulars, is that of the continental regulars. -The condition of our regulars, of whom we have none -but continentals, and part of a battalion of state troops, is so constantly -on the change, that a state of it at this day would not be -its state a month hence. It is much the same with the condition -of the other continental troops, which is well enough -known. - - - +--------------+--------------+---------+ - | Situation. | Counties. | Militia.| - +--------------+--------------+---------+ - |Westward of {|Lincoln | 600 | - |the {|Jefferson | 300 | - |Alleghany {|Fayette | 156 | - |4,458. {|Ohio | .. | - | {|Monongalia | *1,000 | - | {|Washington | *829 | - | {|Montgomery | 1,071 | - | {|Greenbriar | 502 | - | | | | - |Between the {|Hampshire | 930 | - |Alleghany {|Berkeley | *1,100 | - | and {|Frederick | 1,143 | - |Blue Ridge. {|Shenando | *925 | - |7,673. {|Rockingham | 875 | - | {|Augusta | 1,375 | - | {|Rockbridge | *625 | - | {|Boutetourt | *700 | - | | | | - |Between the {|Loudoun | 1,746 | - |Blue Ridge {|Faquier | 1,078 | - |and Tide {|Culpepper | 1,513 | - |Waters. {|Spotsylvania | 480 | - |18,828. {|Orange | *600 | - | {|Louisa | 603 | - | {|Goochland | *550 | - | {|Fluvanna | *296 | - | {|Albemarle | 873 | - | {|Amherst | 896 | - | {|Buckingham | *625 | - | {|Bedford | 1,300 | - | {|Henry | 1,004 | - | {|Pittsylvania | *725 | - | {|Halifax | *1,139 | - | {|Charlotte | 612 | - | {|Prince Edward | 589 | - | {|Cumberland | 408 | - | {|Powhatan | 330 | - | {|Amelia | *1,125 | - | {|Lunenburg | 677 | - | {|Mecklenburg | 1,100 | - | {|Brunswick | 559 | - +--------------+--------------+---------+ - | On the Tide Waters, and in that | - | Parallel. 19,012. | - +--------------+--------------+---------+ - | Situation. | Counties. | Militia.| - +--------------+--------------+---------+ - |Between {|Greensville | 500 | - |James River {|Dinwiddie | *750 | - |and {|Chesterfield | 665 | - |Carolina. {|Prince George | 328 | - |6,959. {|Surrey | 380 | - | {|Sussex | *700 | - | {|Southampton | 874 | - | {|Isle of White | *600 | - | {|Nansemond | *644 | - | {|Norfolk | *880 | - | {|Prince Anne | *594 | - | | | | - |Between {|Henrico | 619 | - |James & {|Hanover | 706 | - |York {|New Kent | *418 | - |rivers. {|Charles City | 286 | - |3,009. {|James City | 235 | - | {|Williamsburgh | 129 | - | {|York | *244 | - | {|Warwick | *100 | - | {|Elizabeth City| 182 | - | | | | - |Bet. York & {|Caroline | 805 | - |Rappahannock.{|King William | 436 | - |3,269. {|King and Queen| 500 | - | {|Essex | 468 | - | {|Middlesex | *210 | - | {|Gloucester | 850 | - | | | | - |Betw'n {|Fairfax | 652 | - |Rappahannock {|Prince William| 614 | - |and {|Stafford | *500 | - |Powtomac. {|King George | 483 | - |4,137. {|Richmond | 412 | - | {|Westmoreland | 544 | - | {|Northumberland| 630 | - | {|Lancaster | 332 | - | | | | - |East'n Shore.{|Accomac | *1,208 | - |1,638. {|Northampton | *430 | - | +---------+ - | Whole Militia of the State | 49,971 | - +-----------------------------+---------+ - - -QUERY X. - -_The Marine?_ - -Before the present invasion of this State by the British, under -the command of General Phillips, we had three vessels of sixteen -guns, one of fourteen, five small gallies, and two or three armed -boats. They were generally so badly manned as seldom to be -in a condition for service. Since the perfect possession of our -rivers assumed by the enemy, I believe we are left with a single -armed boat only. - - -QUERY XI. - -_A description of the Indians established in that State?_ - -When the first effectual settlement of our colony was made, -which was in 1607, the country from the sea-coast to the mountains, -and from the Potomac to the most southern waters of James' -river, was occupied by upwards of forty different tribes of Indians. -Of these the _Powhatans_, the _Mannahoacs_, and _Monacans_, -were the most powerful. Those between the seacoast and -falls of the rivers, were in amity with one another, and attached -to the _Powhatans_ as their link of union. Those between the -falls of the rivers and the mountains, were divided into two confederacies; -the tribes inhabiting the head waters of Potomac and -Rappahannock, being attached to the _Mannahoacs_; and those -on the upper parts of James' river to the _Monacans_. But the -_Monacans_ and their friends were in amity with the _Mannahoacs_ -and their friends, and waged joint and perpetual war against the -_Powhatans_. We are told that the _Powhatans_, _Mannahoacs_, -and _Monacans_, spoke languages so radically different, that interpreters -were necessary when they transacted business. Hence -we may conjecture, that this was not the case between all the -tribes, and, probably, that each spoke the language of the nation -to which it was attached; which we know to have been the case -in many particular instances. Very possibly there may have -been anciently three different stocks, each of which multiplying -in a long course of time, had separated into so many little societies. -This practice results from the circumstance of their -having never submitted themselves to any laws, any coercive -power, any shadow of government. Their only controls are -their manners, and that moral sense of right and wrong, which, -like the sense of tasting and feeling in every man, makes a part -of his nature. An offence against these is punished by contempt, -by exclusion from society, or, where the case is serious, as that -of murder, by the individuals whom it concerns. Imperfect as -this species of coercion may seem, crimes are very rare among -them; insomuch that were it made a question, whether no law, -as among the savage Americans, or too much law, as among -the civilized Europeans, submits man to the greatest evil, one -who has seen both conditions of existence would pronounce it -to be the last; and that the sheep are happier of themselves, than -under care of the wolves. It will be said, that great societies -cannot exist without government. The savages, therefore, break -them into small ones. - -The territories of the _Powhatan_ confederacy, south of the Potomac, -comprehended about eight thousand square miles, thirty -tribes, and two thousand four hundred warriors. Captain Smith -tells us, that within sixty miles of Jamestown were five thousand -people, of whom one thousand five hundred were warriors. -From this we find the proportion of their warriors to their whole -inhabitants, was as three to ten. The _Powhatan_ confederacy, -then, would consist of about eight thousand inhabitants, which -was one for every square mile; being about the twentieth part -of our present population in the same territory, and the hundredth -of that of the British islands. - -Besides these were the _Nottoways_, living on Nottoway river, -the _Meherrins_ and _Tuteloes_ on Meherrin river, who were connected -with the Indians of Carolina, probably with the Chowanocs. - - NORTH. - +-------------+----------------------------------------------+ - | | MANNAHOACS. | - +-------------+-------------+--------------+---------+-------+ - | | Tribes. |Country. |Cf. Towns|Warr's.| - | | | | +-------+ - | | | | | 1669. | - | +-------------+--------------+---------+-------+ - |Between {|Whonkenties. |Fauquier | | | - |Patowinac {|Tegninaties. |Culpepper. | | | - |and {|Ontponies. |Orange. | | | - |Rappahannoc.{|Tauxitanians.|Fauquier. | | | - | {|Hassinungaes.|Culpepper. | | | - | {| | | | | - | {| | | | | - | {| | | | | - WEST.| {| | | | |EAST - | {| | | | | - | {| | | | | - | {| | | | | - | {| | | | | - |Bet. {|Stegarakies. |Orange. | | | - |Rappahannoc {|Shackakonies.|Spotsylvania. | | | - |& York. {|Manahoacs. |Stafford. | | | - | {| |Spotsylvania. | | | - +-------------+-------------+--------------+---------+-------+ - |Between | | - | York | MONACANS. | - | and +-------------+--------------+---------+-------+ - |James. {|Monacans. |James river, |Fork of | | - | {| | above the | James | | - | {| | falls. | river. | 30 | - | {| | | | | - | {|Monasiccapanoes.|Louisa. | | | - | {| |Fluvanna. | | | - | | | | | | - |Between {|Monahassanoes. |Bedford. | | | - |James & {| |Buckingham.| | | - |Carolina. {|Massinacacs. |Cumberland.| | | - | {|Mohemenchoes. |Powhatan. | | | - |Eastern | | | | | - |shore. | | | | | - | | | | | | - +-------------+----------------+-----------+---------+-------+ - SOUTH. - - NORTH - +-------------+----------------+------------------------------------------+ - | | POWHATANS. | - +-------------+----------------+-----------------+------------------------+ - | | Tribes. | Country. | Chief Towns. | - | | | | | - | | | | | - | +----------------+-----------------+------------------------+ - |Between |Tauxenents. |Fairfax. |About Gen. Washington's.| - |Patowinac |Patówomekes. } |Stafford. |Pawtomac cr. | - |and | } |King George. | | - |Rappahannoc. |Cuttatawomans. |King George. |About Lamb Creek. | - | |Pissasecs. } |King George. |Above Leeds Town. | - | | } |Richmond. | | - | |Onaumanients. |Westmoreland. |Nomony river. | - | |Rappahànocs. |Richmond co. |Rappahanoc creek. | - | |Moàughtacunds.} |Lancaster. |Moratico river. | - | | } |Richmond. | | - | |Secacaconies. |Northumberland. |Coan river. | - | |Wighcocòmicoes. |Northumberland. |Wicocomico river. | - | |Cuttatawomans. |Lancaster. |Corotoman. | - +-------------+----------------+--------------- -+------------------------+ - |Bet. | | | | - |Rappahannoc |Nantaughtacunds.|Essex. Caroline. |Port Tobacco creek. | - |& York. |Màttapomènts. |Mattapony river. | ... | - | |Pamùnkies. |King William. |Romuncock. | - | |Wérowocòmicos. |Gloucester. |About Rosewell. | - | |Pay-ankatonks. |Piankatank river.|Turk's Ferry. Grimesby. | - +-------------+----------------+-----------------+------------------------+ - |Between York |Youghtanunds. |Pamunkey river. | ... | - |and James. |Chickahòminies. |Chickahominy r. |Orapaks. | - | |Powhatans. |Henrico. |Powhatan. Mayo's. | - | |Arrowhàtocs. |Henrico. |Arrohatocs. | - | |Wèanocs. |Charles city. |Weynoke. | - | |Paspahèghes.} |Charles city. |Sandy-Point. | - | | } |James city. | | - | |Chiskiacs. |York. |Chiskiac. | - | |Kecoughtáns. |Elizabeth city. |Roscows. | - +-------------+----------------+-----------------+------------------------+ - |Between James|Appamàttocs. |Chesterfield. |Bermuda Hundred. | - |& Carolina. |Quiocohànoes. |Surry. |About Upp. Chipoak. | - |Eastern |Wàrrasqueaks. |Isle of Wight. |Warrasqueoc. .. | - |shore. |Nasamónds. |Nansamond. |About mouth W. branch | - | |Chèsapeaks. |Princess Anne. |About Lynhaven riv. | - +-------------+----------------+-----------------+------------------------+ - |Eastern |Accohanocs. }|Accom. |Accohanoc river. | - |shore. | }|Northampton. | | - | {Accamàcks. |Northampton. |About Cheriton's. | - +-------------+----------------+-----------------+------------------------+ - SOUTH - - NORTH - +--------------------------------------+----------------------+ - | POWHATANS | | - +-----------------------+--------------+----------------------| - | Chief Towns. |Warriors. | | - | |-----+--------| | - | |1607.|1669. | | - +-----------------------+-----+--------|----------------------+ - |About Gen. Washington's| 40 | |{By the name of | - |Pawtomac cr. |200 | | Matchotics, | - | | | |{U. Matchodic, | - |About Lamb Creek. | 20} | 60 |{Nanzaticos, | - |Above Leeds Town. | ..} | |{Nauzatico, Appomatox,| - | | | |{Matox. | - |Nomony river. |100 | | | - |Rappahanoc creek. |100 | 30 |{By the name of | - |Moratico river. | 80 | 40 |{Totuskeys. | - | | | | | EAST. - |Coan river. | 30 | | | - |Wicocomico river. |130 | 70 | | - |Corotoman. | 30 | | | - |Port Tobacco creek. |150 | 60 | | - | ... | 30 | 20 | | - |Romuncock. |300 | 50 | | - |About Rosewell. | 40 | | | - |Turk's Ferry. Grimesby.| 55 | | | - | ... | 60 | | | - |Orapaks. |250 | 60 | | - |Powhatan. Mayo's. | 40 | 10 | | - |Arrohatocs. | 30 | | | - |Weynoke. |100 | 15 | | - |Sandy-Point. | 40 | | | - | | | +----------------+-----+ - |Chiskiac. | 45 | 15 | |1699.| - |Roscows. | 20 | +----------------+-----+ - |Bermuda Hundred. | 60 | 50 |}Nottoways. | .. | - |About Upp. Chipoak. | 25 |3 Pohics|}Meherrics. | 90 | - |Warrasqueoc. .. | | |}Tuteloes. | 50 | - |A't mouth W. branch |200 | 45 | | | - |About Lynhaven riv. |100 | +----------------+-----+ - |Accohanoc river. | 40 | | | - | | | | | - |About Cheriton's. | 80 | | | - +-----------------------+-----+--------+----------------------+ - SOUTH - -The preceding table contains a state of these several tribes, -according to their confederacies and geographical situation, with -their numbers when we first became acquainted with them, -where these numbers are known. The numbers of some of -them are again stated as they were in the year 1669, when an -attempt was made by assembly to enumerate them. Probably -the enumeration is imperfect, and in some measure conjectural, -and that a farther search into the records would furnish many -more particulars. What would be the melancholy sequel of their -history, may, however, be argued from the census of 1669; by -which we discover that the tribes therein enumerated were, in -the space of sixty-two years, reduced to about one-third of their -former numbers. Spirituous liquors, the small-pox, war, and an -abridgement of territory to a people who lived principally on the -spontaneous productions of nature, had committed terrible havoc -among them, which generation, under the obstacles opposed to -it among them, was not likely to make good. That the lands -of this country were taken from them by conquest, is not so -general a truth as is supposed. I find in our historians and -records, repeated proofs of purchase, which cover a considerable -part of the lower country; and many more would doubtless be -found on further search. The upper country, we know, has -been acquired altogether acquired by purchases made in the -most unexceptionable form. - -Westward of all these tribes, beyond the mountains, and extending -to the great lakes, were the _Maffawomees_, a most powerful -confederacy, who harassed unremittingly the _Powhatans_ -and _Manahoacs_. These were probably the ancestors of tribes -known at present by the name of the _Six Nations_. - -Very little can now be discovered of the subsequent history -of these tribes severally. The _Chickahominies_ removed about -the year 1661, to Mattapony river. Their chief, with one from -each of the Pamunkies and Mattaponies, attended the treaty of -Albany in 1685. This seems to have been the last chapter in -their history. They retained, however, their separate name so -late as 1705, and were at length blended with the Pamunkies -and Mattaponies, and exist at present only under their names. -There remain of the _Mattaponies_ three or four men only, and -have more negro than Indian blood in them. They have lost -their language, have reduced themselves, by voluntary sales, to -about fifty acres of land, which lie on the river of their own -name, and have from time to time, been joining the Pamunkies, -from whom they are distant but ten miles. The _Pamunkies_ are -reduced to about ten or twelve men, tolerably pure from mixture -with other colors. The older ones among them preserve -their language in a small degree, which are the last vestiges on -earth, as far as we know, of the Powhatan language. They -have about three hundred acres of very fertile land, on Pamunkey -river, so encompassed by water that a gate shuts in the -whole. Of the _Nottoways_, not a male is left. A few women -constitute the remains of that tribe. They are seated on Nottoway -river, in Southampton country, on very fertile lands. At a -very early period, certain lands were marked out and appropriated -to these tribes, and were kept from encroachment by the authority -of the laws. They have usually had trustees appointed, -whose duty was to watch over their interests, and guard them -from insult and injury. - -The _Monacans_ and their friends, better known latterly by the -name of _Tuscaroras_, were probably connected with the Massawomecs, -or Five Nations. For though we are[46] told their languages -were so different that the intervention of interpreters was -necessary between them, yet do we also[47] learn that the Erigas, -a nation formerly inhabiting on the Ohio, were of the same -original stock with the Five Nations, and that they partook also -of the Tuscarora language. Their dialects might, by long separation, -have become so unlike as to be unintelligible to one another. -We know that in 1712, the Five Nations received the -Tuscaroras into their confederacy, and made them the Sixth Nation. -They received the Meherrins and Tuteloes also into their -protection; and it is most probable, that the remains of many -other of the tribes, of whom we find no particular account, retired -westwardly in like manner, and were incorporated with -one or the other of the western tribes. (5.) - -I know of no such thing existing as an Indian monument; for -I would not honor with that name arrow points, stone hatchets, -stone pipes, and half-shapen images. Of labor on the large scale, -I think there is no remain as respectable as would be a common -ditch for the draining of lands; unless indeed it would be -the barrows, of which many are to be found all over this country. -These are of different sizes, some of them constructed of -earth, and some of loose stones. That they were repositories of -the dead, has been obvious to all; but on what particular occasion -constructed, was a matter of doubt. Some have thought -they covered the bones of those who have fallen in battles -fought on the spot of interment. Some ascribed them to the -custom, said to prevail among the Indians, of collecting, at certain -periods, the bones of all their dead, wheresoever deposited at -the time of death. Others again supposed them the general -sepulchres for towns, conjectured to have been on or near these -grounds; and this opinion was supported by the quality of the -lands in which they are found, (those constructed of earth being -generally in the softest and most fertile meadow-grounds on river -sides,) and by a tradition, said to be handed down from the aboriginal -Indians, that, when they settled in a town, the first person -who died was placed erect, and earth put about him, so as to -cover and support him; that when another died, a narrow passage -was dug to the first, the second reclined against him, and -the cover of earth replaced, and so on. There being one of -these in my neighborhood, I wished to satisfy myself whether -any, and which of these opinions were just. For this purpose I -determined to open and examine it thoroughly. It was situated -on the low grounds of the Rivanna, about two miles above its -principal fork, and opposite to some hills, on which had been an -Indian town. It was of a spheroidical form, of about forty feet -diameter at the base, and had been of about twelve feet altitude, -though now reduced by the plough to seven and a half, having -been under cultivation about a dozen years. Before this it was -covered with trees of twelve inches diameter, and round the base -was an excavation of five feet depth and width, from whence -the earth had been taken of which the hillock was formed. I -first dug superficially in several parts of it, and came to collections -of human bones, at different depths, from six inches to -three feet below the surface. These were lying in the utmost -confusion, some vertical, some oblique, some horizontal, and directed -to every point of the compass, entangled and held together -in clusters by the earth. Bones of the most distant parts were -found together, as, for instance, the small bones of the foot in -the hollow of a scull; many sculls would sometimes be in contact, -lying on the face, on the side, on the back, top or bottom, -so as, on the whole, to give the idea of bones emptied promiscuously -from a bag or a basket, and covered over with earth, -without any attention to their order. The bones of which the -greatest numbers remained, were sculls, jaw-bones, teeth, the -bones of the arms, thighs, legs, feet and hands. A few ribs remained, -some vertebræ of the neck and spine, without their processes, -and one instance only of the[48] bone which serves as a base -to the vertebral column. The sculls were so tender, that they -generally fell to pieces on being touched. The other bones were -stronger. There were some teeth which were judged to be -smaller than those of an adult; a scull, which on a slight view, -appeared to be that of an infant, but it fell to pieces on being -taken out, so as to prevent satisfactory examination; a rib, and a -fragment of the under-jaw of a person about half grown; another -rib of an infant; and a part of the jaw of a child, which had not -cut its teeth. This last furnishing the most decisive proof of the -burial of children here, I was particular in my attention to it. -It was part of the right half of the under-jaw. The processes, -by which it was attenuated to the temporal bones, were entire, and -the bone itself firm to where it had been broken off, which, as -nearly as I could judge, was about the place of the eye-tooth. Its -upper edge, wherein would have been the sockets of the teeth, was -perfectly smooth. Measuring it with that of an adult, by placing -their hinder processes together, its broken end extended to the -penultimate grinder of the adult. This bone was white, all the -others of a sand color. The bones of infants being soft, they probably -decay sooner, which might be the cause so few were found -here. I proceeded then to make a perpendicular cut through the -body of the barrow, that I might examine its internal structure. -This passed about three feet from its centre, was opened to the -former surface of the earth, and was wide enough for a man to -walk through and examine its sides. At the bottom, that is, on -the level of the circumjacent plain, I found bones; above these -a few stones, brought from a cliff a quarter of a mile off, and -from the river one-eighth of a mile off; then a large interval of -earth, then a stratum of bones, and so on. At one end of the -section were four strata of bones plainly distinguishable; at the -other, three; the strata in one part not ranging with those in another. -The bones nearest the surface were least decayed. No -holes were discovered in any of them, as if made with bullets, -arrows, or other weapons. I conjectured that in this barrow -might have been a thousand skeletons. Every one will readily -seize the circumstances above related, which militate against the -opinion, that it covered the bones only of persons fallen in -battle; and against the tradition also, which would make it the -common sepulchre of a town, in which the bodies were placed -upright, and touching each other. Appearances certainly indicate -that it has derived both origin and growth from the accustomary -collection of bones, and deposition of them together; that -the first collection had been deposited on the common surface -of the earth, a few stones put over it, and then a covering of -earth, that the second had been laid on this, had covered more -or less of it in proportion to the number of bones, and was then -also covered with earth; and so on. The following are the -particular circumstances which give it this aspect. 1. The -number of bones. 2. Their confused position. 3. Their being -in different strata. 4. The strata in one part having no correspondence -with those in another. 5. The different states of decay -in these strata, which seem to indicate a difference in the -time of inhumation. 6. The existence of infant bones among -them. - -But on whatever occasion they may have been made, they are -of considerable notoriety among the Indians; for a party passing, -about thirty years ago, through the part of the country where -this barrow is, went through the woods directly to it, without -any instructions or inquiry, and having staid about it for some -time, with expressions which were construed to be those of -sorrow, they returned to the high road, which they had left -about half a dozen miles to pay this visit, and pursued their journey. -There is another barrow much resembling this, in the -low grounds of the south branch of Shenandoah, where it is -crossed by the road leading from the Rockfish gap to Staunton. -Both of these have, within these dozen years, been cleared of -their trees and put under cultivation, are much reduced in their -height, and spread in width, by the plough, and will probably -disappear in time. There is another on a hill in the Blue -Ridge of mountains, a few miles north of Wood's gap, which is -made up of small stones thrown together. This has been opened -and found to contain human bones, as the others do. There are -also many others in other parts of the country. - -Great question has arisen from whence came those aboriginals -of America? Discoveries, long ago made, were sufficient to show -that the passage from Europe to America was always practicable, -even to the imperfect navigation of ancient times. In going -from Norway to Iceland, from Iceland to Greenland, from Greenland -to Labrador, the first traject is the widest; and this having -been practised from the earliest times of which we have any account -of that part of the earth, it is not difficult to suppose that -the subsequent trajects may have been sometimes passed. Again, -the late discoveries of Captain Cook, coasting from Kamschatka -to California, have proved that if the two continents of Asia and -America be separated at all, it is only by a narrow strait. So that -from this side also, inhabitants may have passed into America; -and the resemblance between the Indians of America and the -eastern inhabitants of Asia, would induce us to conjecture, that -the former are the descendants of the latter, or the latter of the -former; excepting indeed the Esquimaux, who, from the same -circumstance of resemblance, and from identity of language, -must be derived from the Greenlanders, and these probably from -some of the northern parts of the old continent. A knowledge -of their several languages would be the most certain evidence -of their derivation which could be produced. In fact, it is the -best proof of the affinity of nations which ever can be referred -to. How many ages have elapsed since the English, the Dutch, -the Germans, the Swiss, the Norwegians, Danes and Swedes -have separated from their common stock? Yet how many more -must elapse before the proofs of their common origin, which exist -in their several languages, will disappear? It is to be lamented -then, very much to be lamented, that we have suffered -so many of the Indian tribes already to extinguish, without our -having previously collected and deposited in the records of literature, -the general rudiments at least of the languages they spoke. -Were vocabularies formed of all the languages spoken in North -and South America, preserving their appellations of the most -common objects in nature, of those which must be present to -every nation barbarous or civilized, with the inflections of their -nouns and verbs, their principles of regimen and concord, and -these deposited in all the public libraries, it would furnish opportunities -to those skilled in the languages of the old world to compare -them with these, now, or at any future time, and hence to -construct the best evidence of the derivation of this part of the -human race. - -But imperfect as is our knowledge of the tongues spoken in -America, it suffices to discover the following remarkable fact: -Arranging them under the radical ones to which they may be -palpably traced, and doing the same by those of the red men of -Asia, there will be found probably twenty in America, for one -in Asia, of those radical languages, so called because if they -were ever the same they have lost all resemblance to one another. -A separation into dialects may be the work of a few -ages only, but for two dialects to recede from one another till -they have lost all vestiges of their common origin, must require -an immense course of time; perhaps not less than many people -give to the age of the earth. A greater number of those radical -changes of language having taken place among the red men of -America, proves them of greater antiquity than those of Asia. - -I will now proceed to state the nations and numbers of the -Aborigines which still exist in a respectable and independent -form. And as their undefined boundaries would render it difficult -to specify those only which may be within any certain -limits, and it may not be unacceptable to present a more general -view of them, I will reduce within the form of a catalogue all -those within, and circumjacent to, the United States, whose -names and numbers have come to my notice. These are taken -from four different lists, the first of which was given in the year -1759 to General Stanwix by George Croghan, deputy agent for -Indian affairs under Sir William Johnson; the second was drawn -up by a French trader of considerable note, resident among the -Indians many years, and annexed to Colonel Bouquet's printed -account of his expedition in 1764. The third was made out by -Captain Hutchins, who visited most of the tribes, by order, for -the purpose of learning their numbers, in 1768; and the fourth -by John Dodge, an Indian trader, in 1779, except the numbers -marked *, which are from other information. - -INDIAN TRIBES. - - +----------------------------------------------------------------------+ - |Northward and Westward of the United States. | - +----------------------+-------+--------+---------+--------------------+ - | TRIBES. |Croghan| Bouquet| Hutchins| Where they reside. | - | | 1759. | 1764. | 1768. | | - +----------------------+-------+--------+---------+--------------------+ - |Oswegatchies | .... | .... | 100 | At Swagatchy, on | - | | | | | the river | - | | | | | St. Laurence. | - |Connasedagoes | .... | }| | | - |Cohunnewagoes | .... | 200}| 300 | Near Montreal. | - |Orondocs | .... | .... | 100 | Near Trois | - | | | | | Rivieres. | - |Abenakies | .... | 350 | 150 | Near Trois | - | | | | | Rivieres. | - |Little Alkonkins | .... | .... | 100 | Near Trois | - | | | | | Rivieres. | - |Michmacs | .... | 700 | | River St. Laurence.| - |Amelistes | .... | 550 | | River St. Laurence.| - |Chalas | .... | 130 | | River St. Laurence.| - |Nipissins | .... | 400 | | Towards the heads | - | | | | | of the Ottawas | - | | | | | river. | - |Algonquins | .... | 300 | | Towards the heads | - | | | | | of the Ottawas | - | | | | | river. | - |Round Heads | .... | 2,500 | | Riviere aux Tetes | - | | | | | boules, on the | - | | | | | east side of Lake| | - | | | | | Superior. | - |Messasagues | .... | 2,000 | | Lakes Huron and | - | | | | | Superior. | - |Christianaux--Kris | .... | 3,000 | | Lake Christianaux. | - |Assinaboes | .... | 1,500 | | Lake Assinaboes. | - |Blancs, or Barbus | .... | 1,500 | | | - |Sioux of the Meadows }| | 2,500 | |}On the heads of the| - |Sioux of the Woods }|10,000 | 1,800 | 10,000 |} Mississippi and | - |Sioux }| | .... | |} westward of that | - | | | | |} river. | - |Ajoues | .... | 1,100 | .... | North of the | - | | | | | Padoucas. | - |Panis--White | .... | 2,000 | .... | South of the | - | | | | | Missouri. | - |Panis--Freckled | .... | 1,700 | .... | South of the | - | | | | | Missouri. | - |Padoucas | .... | 500 | .... | South of the | - | | | | | Missouri. | - |Grandes-Eaux | .... | 1,000 | .... | | - |Canses | .... | 1,600 | .... | South of the | - | | | | | Missouri. | - |Osages | .... | 600 | .... | South of the | - | | | | | Missouri. | - |Missouris | 400 | 3,000 | .... | On the river | - | | | | | Missouri. | - |Arkansas | .... | 2,000 | .... | On the river | - | | | | | Arkansas. | - |Caouitas | .... | 700 | .... | East of the | - | | | | | Alibamous. | - +----------------------+-------+--------+---------+--------------------+ - - +--------------+-------+-------+--------+-----+----------------------+ - |TRIBES. |Croghan|Bouquet|Hutchins|Dodge|Where they reside. | - | | 1759. | 1764.| 1768. | 1779| | - +--------------+-------+-------+--------+-----+----------------------+ - |Within the limits of the United States. | - | | | | | | | - |{Mohocks | ....} | .... | 160 | 100 |Mohocks river. | - |{Onèidas | ....} | .... | 300} | |East side of | - |{ | | | | | Oneida Lake and | - |{ | | | | 400 | head branches of | - |{ | | | | | Susquehanna. | - |{Tuscoròras | ....} | .... | 200} | |Between the Oneidas | - |{ | } | | | | and Onondagoes. | - |{Onondàgoes | ....} | 1,550 | 260 | 230 |Near Onondago Lake. | - |{Cayùgas | ....} | .... | 200 | 220 |On the Cayuga Lake, | - |{ | } | | | | near the north | - |{ | } | | | | branch of | - | | | | | | Susquehanna. | - |{Senecas | ....} | .... | 1,000 | 650 |On the waters | - | | | | | | of Susquehanna, | - | | | | | | of Ontario, and the | - | | | | | | heads of the Ohio. | - |Aughquàgahs | .... | .... | 150 | ....|East branch of | - | | | | | | Susquehanna, and | - | | | | | | on Aughquagah. | - |Nànticoes | .... | .... | 100 | ....|Utsanango, | - | | | | | | Chaghnet, and | - | | | | | | Owegy, on the east | - | | | | | | branch of | - | | | | | | Susquehanna. | - |Mohiccons | .... | .... | 100 | ....|In the same parts. | - |Conòies | .... | .... | 30 | ....|In the same parts. | - | | | | | | | - |Sapòonies | .... | .... | 30 | ....|At Diahago and | - | | | | | | other villages up | - | | | | | | the north branch | - | | | | | | of Susquehanna. | - |Mùnsies | .... | .... | 150 |*150 |At Diahago and | - | | | | | | other villages up | - | | | | | | the north branch | - | | | | | | of Susquehanna. | - |Delawares, | .... | .... | 150} | |At Diahago and | - |or | | | } | | other villages up | - |Linnelinopies | | | } | | the north branch | - | | | | } | | of Susquehanna. | - |Delawares, | 600 | 600 | 600} |*500 |Between Ohio and | - |or | | | | | Lake Erie and the | - |Linnelinopies | | | | | branches of | - | | | | | | Beaver Creek, | - | | | | | | Cayahoga and | - | | | | | | Muskingum. | - |Shàwanees | 500 | 400 | 300 | 300 |Sioto and the | - | | | | | | branches of | - | | | | | | Muskingum. | - |Mingoes | .... | .... | .... | 60 |On a branch of | - |Mohiccons | .... | ....} | | *60 | Sioto. | - | | | } | | | | - |Cohunnewagos | .... | ....} | 300 | ....|Near Sandusky. | - | | | } | | | | - |Wyandots | 300} | 300} | } | 180 | | - | | } | | } | | | - |Wyandots | } | .... | 250} | |Near | - | | | | | | Fort St. Joseph's | - | | | | | | and Detroit. | - |Twightwees | 300 | .... | 250 | ....|Miami river | - | | | | | | near Fort Miami. | - |Miamis | .... | 350 | .... | 300 |Miami river, about | - | | | | | | Fort St. Joseph. | - |Ouiàtonons | 200 | 400 | 300 |*400 |On the banks of | - | | | | | | the Wabash, | - | | | | | | near Fort Ouiatonon | - |Piànkishas | 300 | 250 | 300 |*400 |On the banks of | - | | | | | | the Wabash, | - | | | | | | near Fort Ouiatonon | - |Shákirs | .... | .... | 200 | ....|On the banks of | - | | | | | | the Wabash, | - | | | | | | near Fort Ouiatonon | - |Kaskaskias | .... | | 300 | ....|Near Kaskaskia. | - | | | | | | | - |Illinois | 400 | 600 | 300 | ....|Near Cahokia. | - | | | | | | Query, If not the | - | | | | | | same with the | - | | | | | | Mitchigamis? | - |Piorias | .... | 800 | .... | ....|On the Illinois | - | | | | | | river, called | - | | | | | | Pianrias, but | - | | | | | | supposed to mean | - | | | | | | Piorias. | - |Ponteòtamies | .... | 350 | 300 | 450 |Near Fort St. | - | | | | | | Joseph's | - | | | | | | and Fort Detroit. | - |Ottawas | .... }| .... | 550} |*300 |Near Fort St. Joseph's| - | | }| | } | | and Fort Detroit. | - |Chippawas | .... }| ....}| } | ....|On Saguinam bay of | - | | }| }| } | | Lake Huron. | - |Ottawas | .... }| ....}| 200} | ....|On Saguinam bay of | - | | }| }| } | | Lake Huron. | - |Chippawas | .... }| .... | 400} | ....|Near Michillimackinac.| - |Ottawas | 2,000}| 5,900 | 250} |5,450|Near Michillimackinac.| - |Chippawas | .... }| | 400} | ....|Near Fort St. Mary's | - | | } | } | | on Lake Superior. | - | | }| | } | |Several other villages| - |Chippawas | .... }| .... | ....} | ....| along the banks of | - | | }| | } | | Lake Superior. | - | | } | } | | Numbers unknown. | - |Chippawas | .... }| }| ....} | ....|Near Puans bay on | - | | }| }| } | | Lake Michigan. | - |Shakies | 200 | 400}| 550 | ....|Near Puans bay on | - | | | } | | Lake Michigan. | - |Mynonàmies | .... | ....}| .... | ....|Near Puans bay on | - | | | }| | | Lake Michigan. | - |Ouisconsings | .... | 550 | .... | ....|Ouisconsing river. | - |Kickapous | 600 | 300}| .... | 250}| | - |Otogamies--Foxes| ....| ....}| .... |... }| | - |Màscoutens | .... | 500}| 4,000 |... }|On Lake Michigan, and | - | | | }| | }| between that and | - | | | }| | }| the Mississippi. | - |Miscòthins | .... | ....}| |... }| | - |Outimacs | .... | ....}| .... |... }| | - |Musquakies | 200 | 250}| .... | 250}| | - | | | | | | | - |Sioux. Eastern| .... | .... | .... | 500 |On the eastern heads | - | | | | | | of the Mississippi, | - | | | | | | and the islands of | - | | | | | | Lake Superior. | - | | | +--------+ | | - | | | |Galphin.| | | - | | | | 1678. | | | - | | | +--------+ | | - |Cherokees | 1,500 | 2,500 | 3,000 | ....|Western parts of North| - | | | | | | Carolina. | - |Chickasaws | .... | 750 | 500 | ....|Western parts of | - | | | | | | Georgia. | - |Catawbas | .... | 150 | .... | ....|On the Catawba river | - | | | | | | in South Carolina. | - |Chacktaws | 2,000 | 4,500 | 6,000 | ....|Western parts of | - | | | | | | Georgia. | - |Upper Creeks | .... | ....}| | ....|{Western parts of | - |Lower Creeks | .... | 1,180}| 3,000 | ....|{ Georgia. | - |Natchez | .... | 150 | .... | ....| | - |Alibamous | .... | 600 | .... | ....|Alabama river, in the | - | | | | | | western parts of | - | | | | | | Georgia. | - +--------------+-------+-------+--------+-----+----------------------+ - -The following tribes are also mentioned: - - Croghan's Catal. - Lezar 400 From the mouth of Ohios to the mouth of Wabash. - Webings 200 On the Mississippi below the Shakies. - Ousasoys } - Grand Tuc} 4,000 On the White Creek, a branch of the Mississippi. - Linways 1,000 On the Mississippi. - - Bouquet's. - Les Puans 700 Near Puans Bay. - Folle Avoine 350 Near Puans Bay. - Ouanakina 300 } - Chiakanessou 350 } Conjectured to be tribes of the Creeks. - Machecous 800 } - Souikilas 200 } - - Dodge's. - Minneamis 2,000 } North-west of Lake Michigan, to the - } heads of Mississippi, and up to Lake - } Superior. - Piankishas, } - Mascoutins, } 800 } On and near the Wabash toward the Illinois. - Vermillions,} - -But apprehending these might be different appellations for -some of the tribes already enumerated, I have not inserted them -in the table, but state them separately as worthy of further inquiry. -The variations observable in numbering the same tribe -may sometimes be ascribed to imperfect information, and sometimes -to a greater or less comprehension of settlements under the -same name. (7.) - -FOOTNOTES: - - [46] Smith. - - [47] Evans. - - [48] The os sacrum. - - -QUERY XII. - -_A notice of the counties, cities, townships, and villages?_ - -The counties have been enumerated under Query IX. They -are seventy-four in number, of very unequal size and population. -Of these thirty-five are on the tide waters, or in that parallel; -twenty-three are in the midlands, between the tide waters and -Blue Ridge of mountains; eight between the Blue Ridge and -Alleghany; and eight westward of the Alleghany. - -The State, by another division, is formed into parishes, many -of which are commensurate with the counties; but sometimes a -county comprehends more than one parish, and sometimes a -parish more than one county. This division had relation to the -religion of the State, a portion of the Anglican church, with a -fixed salary, having been heretofore established in each parish. -The care of the poor was another object of the parochial division. - -We have no townships. Our country being much intersected -with navigable waters, and trade brought generally to our doors, -instead of our being obliged to go in quest of it, has probably been -one of the causes why we have no towns of any consequence. -Williamsburg, which, till the year 1780, was the seat of our -government, never contained above 1,800 inhabitants; and Norfolk, -the most populous town we ever had, contained but 6,000. -Our towns, but more properly our villages and hamlets, are as -follows: - -On _James River_ and its waters, Norfolk, Portsmouth, Hampton, -Suffolk, Smithfield, Williamsburg, Petersburg, Richmond, -the seat of our government, Manchester, Charlottesville, New -London. - -On _York River_ and its waters, York, Newcastle, Hanover. - -On _Rappahannock_, Urbanna, Port-Royal, Fredericksburg, Falmouth. - -On _Potomac_ and its waters, Dumfries, Colchester, Alexandria, -Winchester, Staunton. - -On _Ohio_, Louisville. - -There are other places at which, like some of the foregoing, -the _laws_ have said there shall be towns; but _nature_ has said -there shall not, and they remain unworthy of enumeration. _Norfolk_ -will probably be the emporium for all the trade of the -Chesapeake bay and its waters; and a canal of eight or ten -miles will bring to it all that of Albemarle sound and its waters. -Secondary to this place, are the towns at the head of the tide -waters, to wit, Petersburg on Appomattox; Richmond on James -river; Newcastle on York river; Alexandria on Potomac, and -Baltimore on Patapsco. From these the distribution will be to -subordinate situations in the country. Accidental circumstances, -however, may control the indications of nature, and in no instance -do they do it more frequently than in the rise and fall of -towns. - - -QUERY XIII. - -_The constitution of the State and its several charters?_ - -Queen Elizabeth by her letters patent, bearing date March 25, -1584, licensed Sir Walter Raleigh to search for remote heathen -lands, not inhabited by Christian people, and granted to him in -fee simple, all the soil within two hundred leagues of the places -where his people should, within six years, make their dwellings -or abidings; reserving only to herself and her successors, their -allegiance and one-fifth part of all the gold and silver ore they -should obtain. Sir Walter immediately sent out two ships, which -visited Wococon island in North Carolina, and the next year despatched -seven with one hundred and seven men, who settled in -Roanoke island, about latitude 35° 50'. Here Okisko, king of the -Weopomeiocs, in a full council of his people is said to have acknowledged -himself the homager of the Queen of England, -and, after her, of Sir Walter Raleigh. A supply of fifty men -were sent in 1586, and one hundred and fifty in 1587. With -these last Sir Walter sent a governor, appointed him twelve -assistants, gave them a charter of incorporation, and instructed -them to settle on Chesapeake bay. They landed, however, at -Hatorask. In 1588, when a fleet was ready to sail with a new -supply of colonists and necessaries, they were detained by the -Queen to assist against the Spanish armada. Sir Walter having -now expended £40,000 in these enterprises, obstructed occasionally -by the crown without a shilling of aid from it, was under -a necessity of engaging others to adventure their money. -He, therefore, by deed bearing date the 7th of March, 1589, by -the name of Sir Walter Raleigh, Chief Governor of Assamàcomòc, -(probably Acomàc,) alias Wingadacoia, alias Virginia, granted -to Thomas Smith and others, in consideration of their adventuring -certain sums of money, liberty to trade to this new -country free from all customs and taxes for seven years, excepting -the fifth part of the gold and silver ore to be obtained; and -stipulated with them and the other assistants, then in Virginia, -that he would confirm the deed of incorporation which he had -given in 1587, with all the prerogatives, jurisdictions, royalties -and privileges granted to him by the Queen. Sir Walter, at different -times, sent five other adventurers hither, the last of which -was in 1602; for in 1603 he was attainted and put into close -imprisonment, which put an end to his cares over his infant -colony. What was the particular fate of the colonists he had -before sent and seated, has never been known; whether they -were murdered, or incorporated with the savages. - -Some gentlemen and merchants, supposing that by the attainder -of Sir Walter Raleigh the grant to him was forfeited, not -inquiring over carefully whether the sentence of an English -court could affect lands not within the jurisdiction of that court, -petitioned king James for a new grant of Virginia to them. He -accordingly executed a grant to Sir Thomas Gates and others, -bearing date the 9th of March, 1607, under which, in the same -year, a settlement was effected at Jamestown, and ever after -maintained. Of this grant, however, no particular notice need -be taken, as it was superceded by letters patent of the same king, -of May 23, 1609, to the Earl of Salisbury and others, incorporating -them by the name of "The Treasurer and company of -Adventurers and Planters of the City of London for the first -colony in Virginia," granting to them and their successors all the -lands in Virginia from Point Comfort along the sea-coast, to the -northward two hundred miles, and from the same point along the -sea-coast to the southward two hundred miles, and all the space -from this precinct on the sea-coast up into the land, west and -north-west, from sea to sea, and the islands within one hundred -miles of it, with all the communities, jurisdictions, royalties, -privileges, franchises, and pre-eminencies, within the same, and -thereto and thereabouts, by sea and land, appertaining in as -ample manner as had before been granted to any adventurer; to -be held of the king and his successors, in common soccage, -yielding one-fifth part of the gold and silver ore to be therein -found, for all manner of services; establishing a counsel in England -for the direction of the enterprise, the members of which -were to be chosen and displaced by the voice of the majority of -the company and adventurers, and were to have the nomination -and revocation of governors, officers, and ministers, which by -them should be thought needful for the colony, the power of establishing -laws and forms of government and magistracy, obligatory -not only within the colony, but also on the seas in going -and coming to and from it; authorizing them to carry thither any -persons who should consent to go, freeing them forever from all -taxes and impositions on any goods or merchandise on importations -into the colony, or exportation out of it, except the five per -cent. due for custom on all goods imported into the British dominions, -according to the ancient trade of merchants; which five -per cent. only being paid they might, within thirteen months, -re-export the same goods into foreign parts, without any custom, -tax, or other duty, to the king or any of his officers, or deputies; -with powers of waging war against those who should annoy -them; giving to the inhabitants of the colony all the rights of -natural subjects, as if born and abiding in England; and declaring -that these letters should be construed, in all doubtful parts, -in such manner as should be most for the benefit of the grantees. - -Afterwards on the 12th of March, 1612, by other letters patent, -the king added to his former grants, all islands in any part of the -ocean between the 30th and 41st degrees of latitude, and within -three hundred leagues of any of the parts before granted to the -treasurer and company, not being possessed or inhabited by any -other Christian prince or state, nor within the limits of the northern -colony. - -In pursuance of the authorities given to the company by these -charters, and more especially of that part in the charter of 1609, -which authorized them to establish a form of government, they -on the 24th of July, 1621, by charter under their common seal, -declared that from thenceforward there should be two supreme -councils in Virginia, the one to be called the council of state, to -be placed and displaced by the treasurer, council in England, and -company from time to time, whose office was to be that of assisting -and advising the governor; the other to be called the -general assembly, to be convened by the governor once yearly or -oftener, which was to consist of the council of state, and two -burgesses out of every town, hundred, or plantation, to be respectively -chosen by the inhabitants. In this all matters were -to be decided by the greater part of the votes present; reserving -to the governor a negative voice; and they were to have power -to treat, consult, and conclude all emergent occasions concerning -the public weal, and to make laws for the behoof and government -of the colony, imitating and following the laws and policy -of England as nearly as might be; providing that these laws -should have no force till ratified in a general court of the company -in England, and returned under their common seal; and -declaring that, after the government of the colony should be -well framed and settled, no orders of the council in England -should bind the colony unless ratified in the said general assembly. -The king and company quarrelled, and by a mixture of -law and force, the latter were ousted of all their rights without retribution, -after having expended one hundred thousand pounds in -establishing the colony, without the smallest aid from government. -King James suspended their powers by proclamation of -July 15, 1624, and Charles I. took the government into his own -hands. Both sides had their partisans in the colony, but, in -truth, the people of the colony in general thought themselves -little concerned in the dispute. There being three parties interested -in these several charters, what passed between the first and -second, it was thought could not affect the third. If the king -seized on the powers of the company, they only passed into other -hands, without increase or diminution, while the rights of the -people remained as they were. But they did not remain so long. -The northern parts of their country were granted away to the -lords Baltimore and Fairfax; the first of these obtaining also the -rights of separate jurisdiction and government. And in 1650 the -parliament, considering itself as standing in the place of their deposed -king, and as having succeeded to all his powers, without -as well as within the realm, began to assume a right over the -colonies, passing an act for inhibiting their trade with foreign nations. -This succession to the exercise of kingly authority gave -the first color for parliamentary interference with the colonies, -and produced that fatal precedent which they continued to follow, -after they had retired, in other respects, within their proper -functions. When this colony, therefore, which still maintained -its opposition to Cromwell and the parliament, was induced in -1651 to lay down their arms, they previously secured their most -essential rights by a solemn convention, which, having never -seen in print, I will here insert literally from the records. - - "ARTICLES agreed on and concluded at James Cittie in Virginia - for the surrendering and settling of that plantation under - the obedience and government of the commonwealth of England - by the commissioners of the Councill of State by authoritie - of the parliamt of England, and by the Grand assembly of the - Governour, Councill, and Burgesses of that countrey. - - "First it is agreed and consted that the plantation of Virginia, - and all the inhabitants thereof, shall be and remain in due - obedience and subjection to the Commonwealth of England, - according to the laws there established, and that this - submission and subscription bee acknowledged a voluntary act - not forced nor constrained by a conquest upon the countrey, and - that they shall have and enjoy such freedoms and priviledges - as belong to the free borne people of England, and that the - former government by the Commissions and Instructions be void - and null. - - "2ly. That the Grand assembly as formerly shall convene and - transact the affairs of Virginia, wherein nothing is to be - acted or done contrairie to the government of the Commonwealth - of England and the lawes there established. - - "3ly. That there shall be a full and totall remission and - indempnitie of all acts, words, or writeings done or spoken - against the parliament of England in relation to the same. - - "4ly. That Virginia shall have and enjoy the antient bounds - and lymitts granted by the charters of the former kings, and - that we shall seek a new charter from the parliament to that - purpose against any that have intrencht upon the rights thereof. - - "5ly. That all the pattents of land granted under the colony - seal by any of the precedent governours shall be and remaine - in their full force and strength. - - "6ly. That the priviledge of haveing ffiftie acres of land - for every person transported in that collonie shall continue - as formerly granted. - - "7ly. That the people of Virginia have free trade as the people - of England do enjoy to all places and with all nations according - to the lawes of that commonwealth, and that Virginia shall - enjoy all priviledges equall with any English plantations in - America. - - "8ly. That Virginia shall be free from all taxes, customs and - impositions whatsoever, and none to be imposed on them without - consent of the Grand assembly; and soe that neither fforts - nor castle bee erected or garrisons maintained without their - consent. - - "9ly. That noe charge shall be required from this country in - respect of this present ffleet. - - "10ly. That for the future settlement of the countrey in - their due obedience, the engagement shall be tendred to all - the inhabitants according to act of parliament made to that - purpose, that all persons who shall refuse to subscribe the - said engagement, shall have a yeare's time if they please to - remove themselves and their estates out of Virginia, and in - the meantime during the said yeare to have equall justice as - formerly. - - "11ly. That the use of the booke of common prayer shall be - permitted for one yeare ensueinge with referrence to the consent - of the major part of the parishes, provided that those which - relate to kingshipp or that government be not used publiquely, - and the continuance of ministers in their places, they not - misdemeaning themselves, and the payment of their accustomed - dues and agreements made with them respectively shall be left - as they now stand dureing this ensueing yeare. - - "12ly. That no man's cattell shall be questioned as the - companies, unless such as have been entrusted with them or - have disposed of them without order. - - "13ly. That all ammunition, powder and armes, other than for - private use, shall be delivered up, securitie being given to - make satisfaction for it. - - "14ly. That all goods allreadie brought hither by the Dutch - or others which are now on shoar shall be free from surprizall. - - "15ly. That the quittrents granted unto us by the late kinge - for seaven yeares bee confirmed. - - "16ly. That the commissioners for the parliament subscribeing - these articles engage themselves and the honour of parliament - for the full performance thereof; and that the present - governour, and the councill, and the burgesses do likewise - subscribe and engage the whole collony on their parts. - - RICHARD BENNETT.--Seale. - WILLIAM CLAIBORNE.--Seale. - EDMOND CURTIS.--Seale. - - "Theise articles were signed and sealed by the Commissioners - of the Councill of state for the Commonwealth of England the - twelveth day of March 1651." - -Then follow the articles stipulated by the governor and council, -which relate merely to their own persons and property, and -then the ensuing instrument: - - "An act of indempnitie made att the surrender of the countrey. - - "Whereas, by the authoritie of the parliament wee the - commissioners appointed by the councill of state authorized - thereto, having brought a ffleet and force before James cittie - in Virginia to reduce that collonie under the obedience of - the commonwealth of England, and finding force raised by the - Governour and countrey to make opposition against the said - ffleet, whereby assured danger appearinge of the ruine and - destruction of the plantation, for prevention whereof the - burgesses of all the severall plantations being called to advise - and assist therein, uppon long and serious debate, and in sad - contemplation of the great miseries and certain destruction - which were soe neerely hovering over the whole countrey; Wee - the said Commissioners have thought fitt and condescending and - granted to signe and confirme under our hands, seales and by - our oath, Articles bearinge date with theise presents, and do - further declare that by the authoritie of the parliament and - commonwealth of England derived unto us their commissioners, - that according to the articles in generall wee have granted - an act of indempnitie and oblivion to all the inhabitants - of this collonie from all words, actions, or writings that - have been spoken acted or writt against the parliament or - commonwealth of England or any other person from the beginning - of the world to this daye. And this we have done that all - the inhabitants of the collonie may live quietly and securely - under the commonwealth of England. And we do promise that the - parliament and commonwealth of England shall confirm and make - good all those transactions of ours. Witness our hands and - seales this 12th of March 1651. - - RICHARD BENNETT.--Seale. - WILLIAM CLAIBORNE.--Seale. - EDMOND CURTIS.--Seale. - -The colony supposed, that, by this solemn convention, entered -into with arms in their hands, they had secured the ancient -limits[49] of their country, its free trade,[50] its exemption from taxation[51] -but by their own assembly, and exclusion of military force[52] -from among them. Yet in every of these points was this convention -violated by subsequent kings and parliaments, and other -infractions of their constitution, equally dangerous committed. -Their general assembly, which was composed of the council of -state and burgesses, sitting together and deciding by plurality -of voices, was split into two houses, by which the council obtained -a separate negative on their laws. Appeals from their -supreme court, which had been fixed by law in their general assembly, -were arbitrarily revoked to England, to be there heard -before the king and council. Instead of four hundred miles on -the seacoast, they were reduced, in the space of thirty years, to -about one hundred miles. Their trade with foreigners was totally -suppressed, and when carried to Great Britain, was there -loaded with imposts. It is unnecessary, however, to glean up -the several instances of injury, as scattered through American -and British history, and the more especially as, by passing on to -the accession of the present king, we shall find specimens of -them all, aggravated, multiplied and crowded within a small -compass of time, so as to evince a fixed design of considering -our rights natural, conventional and chartered as mere nullities. -The following is an epitome of the first sixteen years of his -reign: The colonies were taxed internally and externally; their -essential interests sacrificed to individuals in Great Britain; their -legislatures suspended; charters annulled; trials by juries taken -away; their persons subjected to transportation across the Atlantic, -and to trial before foreign judicatories; their supplications -for redress thought beneath answer; themselves published as -cowards in the councils of their mother country and courts of -Europe; armed troops sent among them to enforce submission -to these violences; and actual hostilities commenced against -them. No alternative was presented but resistance, or unconditional -submission. Between these could be no hesitation. -They closed in the appeal to arms. They declared themselves -independent states. They confederated together into one great -republic; thus securing to every State the benefit of an union -of their whole force. In each State separately a new form of -government was established. Of ours particularly the following -are the outlines: The executive powers are lodged in the hands -of a governor, chosen annually, and incapable of acting more -then three years in seven. He is assisted by a council of eight -members. The judiciary powers are divided among several -courts, as will be hereafter explained. Legislation is exercised -by two houses of assembly, the one called the house of Delegates, -composed of two members from each county, chosen annually -by the citizens, possessing an estate for life in one hundred -acres of uninhabited land, or twenty-five acres with a house -on it, or in a house or lot in some town: the other called the -Senate, consisting of twenty-four members, chosen quadrenially -by the same electors, who for this purpose are distributed into -twenty-four districts. The concurrence of both houses is necessary -to the passage of a law. They have the appointment of the -governor and council, the judges of the superior courts, auditors, -attorney-general, treasurer, register of the land office, and delegates -to Congress. As the dismemberment of the State had -never had its confirmation, but, on the contrary, had always -been the subject of protestation and complaint, that it might -never be in our own power to raise scruples on that subject, or to -disturb the harmony of our new confederacy, the grants to Maryland, -Pennsylvania, and the two Carolinas, were ratified. - -This constitution was formed when we were new and unexperienced -in the science of government. It was the first, too, -which was formed in the whole United States. No wonder then -that time and trial have discovered very capital defects in it. - -1. The majority of the men in the State, who pay and fight -for its support, are unrepresented in the legislature, the roll of -freeholders entitled to vote not including generally the half of -those on the roll of the militia, or of the tax-gatherers. - -2. Among those who share the representation, the shares are -very unequal. Thus the county of Warwick, with only one -hundred fighting men, has an equal representation with the -county of Loudon, which has one thousand seven hundred and -forty-six. So that every man in Warwick has as much influence -in the government as seventeen men in Loudon. But lest it -should be thought that an equal interspersion of small among -large counties, through the whole State, may prevent any danger -of injury to particular parts of it, we will divide it into districts, -and show the proportions of land, of fighting men, and of representation -in each: - - Between the sea-coast and Square Fighting Delegates. Senators. - falls of the rivers miles. men. - [53]11,205 19,012 71 12 - Between the falls of the - rivers and Blue Ridge 18,759 18,828 46 8 - of mountains - Between the Blue Ridge - and the Alleghany 11,911 7,673 16 2 - Between the Alleghany [54]79,650 4,458 16 2 - and Ohio ----------- --------- ----- ---- - Total 121,525 49,971 149 24 - -An inspection of this table will supply the place of commentaries -on it. It will appear at once that nineteen thousand men, -living below the falls of the rivers, possess half the senate, and -want four members only of possessing a majority of the house of -delegates; a want more than supplied by the vicinity of their -situation to the seat of government, and of course the greater degree -of convenience and punctuality with which their members -may and will attend in the legislature. These nineteen thousand, -therefore, living in one part of the country, give law to upwards -of thirty thousand living in another, and appoint all their chief -officers, executive and judiciary. From the difference of their -situation and circumstances, their interests will often be very different. - -3. The senate is, by its constitution, too homogenous with the -house of delegates. Being chosen by the same electors, at the -same time, and out of the same subjects, the choice falls of course -on men of the same description. The purpose of establishing -different houses of legislation is to introduce the influence of different -interests or different principles. Thus in Great Britain it -is said their constitution relies on the house of commons for honesty, -and the lords for wisdom; which would be a rational reliance, -if honesty were to be bought with money, and if wisdom -were hereditary. In some of the American States, the delegates -and senators are so chosen, as that the first represent the persons, -and the second the property of the State. But with us, wealth -and wisdom have equal chance for admission into both houses. -We do not, therefore, derive from the separation of our legislature -into two houses, those benefits which a proper complication -of principles are capable of producing, and those which alone can -compensate the evils which may be produced by their dissensions. - -4. All the powers of government, legislative, executive, and -judiciary, result to the legislative body. The concentrating -these in the same hands is precisely the definition of despotic -government. It will be no alleviation that these powers will be -exercised by a plurality of hands, and not by a single one. One -hundred and seventy-three despots would surely be as oppressive -as one. Let those who doubt it turn their eyes on the republic -of Venice. As little will it avail us that they are chosen by ourselves. -An _elective despotism_ was not the government we fought -for, but one which should not only be founded on free principles, -but in which the powers of government should be so divided and -balanced among several bodies of magistracy, as that no one -could transcend their legal limits, without being effectually -checked and restrained by the others. For this reason that convention -which passed the ordinance of government, laid its foundation -on this basis, that the legislative, executive, and judiciary -departments should be separate and distinct, so that no person -should exercise the powers of more than one of them at the same -time. But no barrier was provided between these several powers. -The judiciary and executive members were left dependent -on the legislative, for their subsistence in office, and some of -them for their continuance in it. If, therefore, the legislature -assumes executive and judiciary powers, no opposition is likely -to be made; nor, if made, can it be effectual; because in that -case they may put their proceedings into the form of an act of -assembly, which will render them obligatory on the other -branches. They have, accordingly, in many instances, decided -rights which should have been left to judiciary controversy; and -the direction of the executive, during the whole time of their -session, is becoming habitual and familiar. And this is done -with no ill intention. The views of the present members are -perfectly upright. When they are led out of their regular province, -it is by art in others, and inadvertence in themselves. And -this will probably be the case for some time to come. But it -will not be a very long time. Mankind soon learn to make interested -uses of every right and power which they possess, or -may assume. The public money and public liberty, intended to -have been deposited with three branches of magistracy, but found -inadvertently to be in the hands of one only, will soon be discovered -to be sources of wealth and dominion to those who hold -them; distinguished, too, by this tempting circumstance, that -they are the instrument, as well as the object of acquisition. -With money we will get men, said Cæsar, and with men we will -get money. Nor should our assembly be deluded by the integrity -of their own purposes, and conclude that these unlimited -powers will never be abused, because themselves are not disposed -to abuse them. They should look forward to a time, and that -not a distant one, when a corruption in this, as in the country -from which we derive our origin, will have seized the heads of -government, and be spread by them through the body of the -people; when they will purchase the voices of the people, and -make them pay the price. Human nature is the same on every -side of the Atlantic, and will be alike influenced by the same -causes. The time to guard against corruption and tyranny, is -before they shall have gotten hold of us. It is better to keep the -wolf out of the fold, than to trust to drawing his teeth and talons -after he shall have entered. To render these considerations the -more cogent, we must observe in addition: - -5. That the ordinary legislature may alter the constitution itself. -On the discontinuance of assemblies, it became necessary -to substitute in their place some other body, competent to the -ordinary business of government, and to the calling forth the -powers of the State for the maintenance of our opposition to -Great Britain. Conventions were therefore introduced, consisting -of two delegates from each county, meeting together and -forming one house, on the plan of the former house of burgesses, -to whose places they succeeded. These were at first chosen -anew for every particular session. But in March 1775, they -recommended to the people to choose a convention, which should -continue in office a year. This was done, accordingly, in April -1775, and in the July following that convention passed an ordinance -for the election of delegates in the month of April annually. -It is well known, that in July 1775, a separation from -Great Britain and establishment of republican government, had -never yet entered into any person's mind. A convention, therefore, -chosen under that ordinance, cannot be said to have been -chosen for the purposes which certainly did not exist in the -minds of those who passed it. Under this ordinance, at the -annual election in April 1776, a convention for the year was -chosen. Independence, and the establishment of a new form of -government, were not even yet the objects of the people at large. -One extract from the pamphlet called Common Sense had appeared -in the Virginia papers in February, and copies of the -pamphlet itself had got in a few hands. But the idea had -not been opened to the mass of the people in April, much less -can it be said that they had made up their minds in its favor. - -So that the electors of April 1776, no more than the legislators -of July 1775, not thinking of independence and a permanent -republic, could not mean to vest in these delegates powers -of establishing them, or any authorities other than those of the -ordinary legislature. So far as a temporary organization of -government was necessary to render our opposition energetic, so -far their organization was valid. But they received in their creation -no power but what were given to every legislature before -and since. They could not, therefore, pass an act transcendent -to the powers of other legislatures. If the present assembly -pass an act, and declare it shall be irrevocable by subsequent assemblies, -the declaration is merely void, and the act repealable, -as other acts are. So far, and no farther authorized, they organized -the government by the ordinance entitled a constitution -or form of government. It pretends to no higher authority than -the other ordinances of the same session; it does not say that it -shall be perpetual; that it shall be unalterable by other legislatures; -that it shall be transcendent above the powers of those -who they knew would have equal power with themselves. Not -only the silence of the instrument is a proof they thought it -would be alterable, but their own practice also; for this very -convention, meeting as a house of delegates in general assembly -with the Senate in the autumn of that year, passed acts of assembly -in contradiction to their ordinance of government; and -every assembly from that time to this has done the same. I am -safe, therefore, in the position that the constitution itself is alterable -by the ordinary legislature. Though this opinion seems founded -on the first elements of common sense, yet is the contrary maintained -by some persons. 1. Because, say they, the conventions -were vested with every power necessary to make effectual opposition -to Great Britain. But to complete this argument, they -must go on, and say further, that effectual opposition could not -be made to Great Britain without establishing a form of government -perpetual and unalterable by the legislature; which is not -true. An opposition which at some time or other was to come -to an end, could not need a perpetual institution to carry it on; -and a government amendable as its defects should be discovered, -was as likely to make effectual resistance, as one that should be -unalterably wrong. Besides, the assemblies were as much vested -with all powers requisite for resistance as the conventions were. -If, therefore, these powers included that of modelling the form -of government in the one case, they did so in the other. The -assemblies then as well as the conventions may model the government; -that is, they may alter the ordinance of government. -2. They urge, that if the convention had meant that this instrument -should be alterable, as their other ordinances were, they -would have called it an ordinance; but they have called it a -_constitution_, which, ex vi termini, means "an act above the power -of the ordinary legislature." I answer that _constitutio_, _constitutium_, -_statutum_, _lex_, are convertible terms. "_Constitutio_ dicitur -jus quod a principe conditure." "_Constitutium_, quod ab imperatoribus -rescriptum statutumve est." "_Statutum_, idem quod -lex." Calvini Lexicon juridicum. _Constitution_ and _statute_ -were originally terms of the[55] civil law, and from thence introduced -by ecclesiastics into the English law. Thus in the statute -25 Hen. VIII. c. 19, §. 1, "_Constitutions_ and _ordinances_" are -used as synonymous. The term _constitution_ has many other -significations in physics and politics; but in jurisprudence, whenever -it is applied to any act of the legislature, it invariably means -a statute, law, or ordinance, which is the present case. No inference -then of a different meaning can be drawn from the -adoption of this title; on the contrary, we might conclude that, -by their affixing to it a term synonymous with ordinance or -statute. But of what consequence is their meaning, where their -power is denied? If they meant to do more than they had power -to do, did this give them power? It is not the name, but the -authority that renders an act obligatory. Lord Coke says, "an -article of the statute, 11 R. II. c. 5, that no person should attempt -to revoke any ordinance then made, is repealed, for that -such restraint is against the jurisdiction and power of the parliament." -4. Inst. 42. And again, "though divers parliaments have -attempted to restrain subsequent parliaments, yet could they -never effect it; for the latter parliament hath ever power to abrogate, -suspend, qualify, explain, or make void the former in the -whole or in any part thereof, notwithstanding any words of restraint, -prohibition, or penalty, in the former; for it is a maxim -in the laws of the parliament, quod leges posteriores priores contrarias -abrogant." 4. Inst. 43. To get rid of the magic supposed -to be in the word _constitution_, let us translate it into its -definition as given by those who think it above the power of the -law; and let us suppose the convention, instead of saying, "We -the ordinary legislature, establish a _constitution_," had said, "We -the ordinary legislature, establish an act _above the power of the -ordinary legislature_." Does not this expose the absurdity of -the attempt? 3. But, say they, the people have acquiesced, and -this has given it an authority superior to the laws. It is true -that the people did not rebel against it; and was that a time for -the people to rise in rebellion? Should a prudent acquiescence, -at a critical time, be construed into a confirmation of every illegal -thing done during that period? Besides, why should they -rebel? At an annual election they had chosen delegates for the -year, to exercise the ordinary powers of legislation, and to manage -the great contest in which they were engaged. These delegates -thought the contest would be best managed by an organized -government. They therefore, among others, passed an ordinance -of government. They did not presume to call it perpetual and -unalterable. They well knew they had no power to make it -so; that our choice of them had been for no such purpose, and -at a time when we could have no such purpose in contemplation. -Had an unalterable form of government been meditated, perhaps -we should have chosen a different set of people. There was no -cause then for the people to rise in rebellion. But to what dangerous -lengths will this argument lead? Did the acquiescence -of the colonies under the various acts of power exercised by -Great Britain in our infant State, confirm these acts, and so far -invest them with the authority of the people as to render them -unalterable, and our present resistance wrong? On every unauthoritative -exercise of power by the legislature must the people -rise in rebellion, or their silence be construed into a surrender -of that power to them? If so, how many rebellions should -we have had already? One certainly for every session of assembly. -The other States in the union have been of opinion -that to render a form of government unalterable by ordinary acts -of assembly, the people must delegate persons with special powers. -They have accordingly chosen special conventions to form -and fix their governments. The individuals then who maintain -the contrary opinion in this country, should have the modesty to -suppose it possible that they may be wrong, and the rest of -America right. But if there be only a possibility of their being -wrong, if only a plausible doubt remains of the validity of the -ordinance of government, is it not better to remove that doubt by -placing it on a bottom which none will dispute? If they be -right we shall only have the unnecessary trouble of meeting once -in convention. If they be wrong, they expose us to the hazard -of having no fundamental rights at all. True it is, this is no -time for deliberating on forms of government. While an enemy -is within our bowels, the first object is to expel him. But when -this shall be done, when peace shall be established, and leisure -given us for intrenching within good forms, the rights for which -we have bled, let no man be found indolent enough to decline a -little more trouble for placing them beyond the reach of question. -If anything more be requisite to produce a conviction of the expediency -of calling a convention at a proper season to fix our -form of government, let it be the reflection: - -6. That the assembly exercises a power of determining the -quorum of their own body which may legislate for us. After -the establishment of the new form they adhered to the _Lex majoris -partis_, founded in[56] common law as well as common right. -It is the[57] natural law of every assembly of men, whose numbers -are not fixed by any other law. They continued for some time -to require the presence of a majority of their whole number, to -pass an act. But the British parliament fixes its own quorum; -our former assemblies fixed their own quorum; and one precedent -in favor of power is stronger than an hundred against it. -The house of delegates, therefore, have[58] lately voted that, during -the present dangerous invasion, forty members shall be a house -to proceed to business. They have been moved to this by the -fear of not being able to collect a house. But this danger could -not authorize them to call that a house which was none; and if -they may fix it at one number, they may at another, till it loses -its fundamental character of being a representative body. As -this vote expires with the present invasion, it is probable the -former rule will be permitted to revive; because at present no ill -is meant. The power, however, of fixing their own quorum has -been avowed, and a precedent set. From forty it may be reduced -to four, and from four to one; from a house to a committee, -from a committee to a chairman or speaker, and thus an -oligarchy or monarchy be substituted under forms supposed to -be regular. "Omnia mala exempla ex bonis orta sunt; sed ubi -imperium ad ignaros aut minus bonos pervenit, novum illud exemplum -ab dignis et idoneis indignos et non idoneos fertur." -When, therefore, it is considered, that there is no legal obstacle -to the assumption by the assembly of all the powers legislative, -executive, and judiciary, and that these may come to the hands -of the smallest rag of delegation, surely the people will say, -and their representatives, while yet they have honest representatives, -will advise them to say, that they will not acknowledge -as laws any acts not considered and assented to by the major -part of their delegates. - -In enumerating the defects of the constitution, it would be -wrong to count among them what is only the error of particular -persons. In December 1776, our circumstances being much distressed, -it was proposed in the house of delegates to create a _dictator_, -invested with every power legislative, executive, and -judiciary, civil and military, of life and of death, over our persons -and over our properties; and in June 1781, again under -calamity, the same proposition was repeated, and wanted a few -votes only of being passed. One who entered into this contest -from a pure love of liberty, and a sense of injured rights, who -determined to make every sacrifice, and to meet every danger, for -the re-establishment of those rights on a firm basis, who did not -mean to expend his blood and substance for the wretched purpose -of changing this matter for that, but to place the powers of -governing him in a plurality of hands of his own choice, so that -the corrupt will of no one man might in future oppress him, -must stand confounded and dismayed when he is told, that a -considerable portion of that plurality had mediated the surrender -of them into a single hand, and, in lieu of a limited monarchy, -to deliver him over to a despotic one! How must we find his -efforts and sacrifices abused and baffled, if he may still, by a -single vote, be laid prostrate at the feet of one man! In God's -name, from whence have they derived this power? Is it from -our ancient laws? None such can be produced. Is it from any -principle in our new constitution expressed or implied? Every -lineament expressed or implied, is in full opposition to it. Its -fundamental principle is, that the State shall be governed as a -commonwealth. It provides a republican organization, proscribes -under the name of _prerogative_ the exercise of all powers -undefined by the laws; places on this basis the whole system of -our laws; and by consolidating them together, chooses that they -should be left to stand or fall together, never providing for any -circumstances, nor admitting that such could arise, wherein -either should be suspended; no, not for a moment. Our ancient -laws expressly declare, that those who are but delegates themselves -shall not delegate to others powers which require judgment -and integrity in their exercise. Or was this proposition -moved on a supposed right in the movers, of abandoning their -posts in a moment of distress? The same laws forbid the abandonment -of that post, even on ordinary occasions; and much -more a transfer of their powers into other hands and other forms, -without consulting the people. They never admit the idea that -these, like sheep or cattle, may be given from hand to hand without -an appeal to their own will. Was it from the necessity of -the case? Necessities which dissolve a government, do not convey -its authority to an oligarchy or a monarchy. They throw -back, into the hands of the people, the powers they had delegated, -and leave them as individuals to shift for themselves. A -leader may offer, but not impose himself, nor be imposed on them. -Much less can their necks be submitted to his sword, their breath -to be held at his will or caprice. The necessity which should -operate these tremendous effects should at least be palpable and -irresistible. Yet in both instances, where it was feared, or pretended -with us, it was belied by the event. It was belied, too, -by the preceding experience of our sister States, several of whom -had grappled through greater difficulties without abandoning -their forms of government. When the proposition was first -made, Massachusetts had found even the government of committees -sufficient to carry them through an invasion. But we at -the time of that proposition, were under no invasion. When the -second was made, there had been added to this example those -of Rhode Island, New York, New Jersey, and Pennsylvania, in -all of which the republican form had been found equal to the -task of carrying them through the severest trials. In this State -alone did there exist so little virtue, that fear was to be fixed in -the hearts of the people, and to become the motive of their exertions, -and principle of their government? The very thought -alone was treason against the people; was treason against mankind -in general; as rivetting forever the chains which bow down -their necks, by giving to their oppressors a proof, which they -would have trumpeted through the universe, of the imbecility of -republican government, in times of pressing danger, to shield -them from harm. Those who assume the right of giving away -the reins of government in any case, must be sure that the herd, -whom they hand on to the rods and hatchet of the dictator, will -lay their necks on the block when he shall nod to them. But if -our assemblies supposed such a recognition in the people, I hope -they mistook their character. I am of opinion, that the government, -instead of being braced and invigorated for greater exertions -under their difficulties, would have been thrown back upon -the bungling machinery of county committees for administration, -till a convention could have been called, and its wheels again -set into regular motion. What a cruel moment was this for creating -such an embarrassment, for putting to the proof the attachment -of our countrymen to republican government! Those who -meant well, of the advocates of this measure, (and most of them -meant well, for I know them personally, had been their fellow-laborer -in the common cause, and had often proved the purity -of their principles,) had been seduced in their judgment by the -example of an ancient republic, whose constitution and circumstances -were fundamentally different. They had sought this -precedent in the history of Rome, where alone it was to be -found, and where at length, too, it had proved fatal. They had -taken it from a republic rent by the most bitter factions and tumults, -where the government was of a heavy-handed unfeeling -aristocracy, over a people ferocious, and rendered desperate by -poverty and wretchedness; tumults which could not be allayed -under the most trying circumstances, but by the omnipotent -hand of a single despot. Their constitution, therefore, allowed -a temporary tyrant to be erected, under the name of a dictator; -and that temporary tyrant, after a few examples, became perpetual. -They misapplied this precedent to a people mild in their -dispositions, patient under their trial, united for the public liberty, -and affectionate to their leaders. But if from the constitution of -the Roman government there resulted to their senate a power of -submitting all their rights to the will of one man, does it follow -that the assembly of Virginia have the same authority? What -clause in our constitution has substituted that of Rome, by way -of residuary provision, for all cases not otherwise provided for? -Or if they may step _ad libitum_ into any other form of government -for precedents to rule us by, for what oppression may not -a precedent be found in this world of the _ballum omnium in -omnia_? Searching for the foundations of this proposition, I can -find none which may pretend a color of right or reason, but the -defect before developed, that there being no barrier between the -legislative, executive, and judiciary departments, the legislature -may seize the whole; that having seized it, and possessing a right -to fix their own quorum, they may reduce that quorum to one, -whom they may call a chairman, speaker, dictator, or by any -other name they please. Our situation is indeed perilous, and I -hope my countrymen will be sensible of it, and will apply, at a -proper season, the proper remedy; which is a convention to fix -the constitution, to amend its defects, to bind up the several -branches of government by certain laws, which, when they transgress, -their acts shall become nullities; to render unnecessary an -appeal to the people, or in other words a rebellion, on every infraction -of their rights, on the peril that their acquiescence shall -be construed into an intention to surrender those rights. - -FOOTNOTES: - - [49] Art. 4. - - [50] Art. 7. - - [51] Art. 8. - - [52] Art. 8. - - [53] Of these 542 are on the eastern shore. - - [54] Of these, 22,616 are eastward of the meridian of the north - of the Great Kanhaway. - - [55] To bid, to set, was the ancient legislative word of the - English. Ll. Hlotharri and Eadrici. Ll. Inæ. Ll. Eadwerdi. - Ll. Aathelstani. - - [56] Bro. abr. Corporations, 31, 34. Hakewell, 93. - - [57] Puff. Off. hom. l. 2, c. 6, §. 12. - - [58] June 4, 1781. - - -QUERY XIV. - -_The administration of justice and the description of the laws?_ - -The State is divided into counties. In every county are appointed -magistrates, called justices of the peace, usually from -eight to thirty or forty in number, in proportion to the size of -the county, of the most discreet and honest inhabitants. They -are nominated by their fellows, but commissioned by the governor, -and act without reward. These magistrates have jurisdiction -both criminal and civil. If the question before them be a -question of law only, they decide on it themselves; but if it be -of fact, or of fact and law combined, it must be referred to a -jury. In the latter case, of a combination of law and fact, it is -usual for the jurors to decide the fact, and to refer the law arising -on it to the decision of the judges. But this division of the -subject lies with their discretion only. And if the question relate -to any point of public liberty, or if it be one of those in -which the judges may be suspected of bias, the jury undertake -to decide both law and fact. If they be mistaken, a decision -against right, which is casual only, is less dangerous to the State, -and less afflicting to the loser, than one which makes part of a -regular and uniform system. In truth, it is better to toss up cross -and pile in a cause, than to refer it to a judge whose mind is -warped by any motive whatever, in that particular case. But -the common sense of twelve honest men gives still a better -chance of just decision, than the hazard of cross and pile. These -judges execute their process by the sheriff or coroner of the -county, or by constables of their own appointment. If any free -person commit an offence against the commonwealth, if it be -below the degree of felony, he is bound by a justice to appear -before their court, to answer it on an indictment or information. -If it amount to felony, he is committed to jail; a court of these -justices is called; if they on examination think him guilty, they -send him to the jail of the general court, before which court he -is to be tried first by a grand jury of twenty-four, of whom -thirteen must concur in opinion; if they find him guilty, he is -then tried by a jury of twelve men of the county where the offence -was committed, and by their verdict, which must be unanimous, -he is acquitted or condemned without appeal. If the -criminal be a slave, the trial by the county court is final. In -every case, however, except that of high treason, there resides -in the governor a power of pardon. In high treason the pardon -can only flow from the general assembly. In civil matters these -justices have jurisdiction in all cases of whatever value, not appertaining -to the department of the admiralty. This jurisdiction -is twofold. If the matter in dispute be of less value than four -dollars and one-sixth, a single member may try it at any time -and place within his county, and may award execution on the -goods of the party cast. If it be of that or greater value, it is -determinable before the county court, which consists of four at -the least of those justices and assembles at the court-house of -the county on a certain day in every month. From their determination, -if the matter be of the value of ten pounds sterling, or -concern the title or bounds of lands, an appeal lies to one of the -superior courts. - -There are three or four superior courts, to wit, the high court -of chancery, the general court, and the court of admiralty. The -first and second of these receive appeals from the county courts, -and also have original jurisdiction, where the subject of controversy -is of the value of ten pounds sterling, or where it concerns -the title or bounds of lands. The jurisdiction of the admiralty -is original altogether. The high court of chancery is composed -of three judges, the general court of five, and the court of admiralty -of three. The two first hold their sessions at Richmond -at stated times, the chancery twice in the year, and the general -court twice for business civil and criminal, and twice more for -criminal only. The court of admiralty sits at Williamsburg -whenever a controversy arises. - -There is one supreme court, called the court of appeals, composed -of the judges of the three superior courts, assembling -twice a year at stated times at Richmond. This court receives -appeals in all civil cases from each of the superior courts, and -determines them finally. But it has no original jurisdiction. - -If a controversy arise between two foreigners of a nation in -alliance with the United States, it is decided by the Consul for -their State, or, if both parties choose it, by the ordinary courts -of justice. If one of the parties only be such a foreigner, it is -triable before the courts of justice of the country. But if it -shall have been instituted in a county court, the foreigner may -remove it into the general court, or court of chancery, who are -to determine it at their first sessions, as they must also do if it -be originally commenced before them. In cases of life and -death, such foreigners have a right to be tried by a jury, the one-half -foreigners, the other natives. - -All public accounts are settled with a board of auditors, consisting -of three members appointed by the general assembly, any -two of whom may act. But an individual, dissatisfied with the -determination of that board, may carry his case into the proper -superior court. - -A description of the laws. - -The general assembly was constituted, as has been already -shown, by letters-patent of March the 9th, 1607, in the fourth -year of the reign of James the first. The laws of England -seem to have been adopted by consent of the settlers, which -might easily enough be done whilst they were few and living -all together. Of such adoption, however, we have no other -proof than their practice till the year 1661, when they were expressly -adopted by an act of the assembly, except so far as "a -difference of condition" rendered them inapplicable. Under this -adoption, the rule, in our courts of judicature was, that the common -law of England, and the general statutes previous to the -fourth of James, were in force here; but that no subsequent -statutes were, _unless we were named in them_, said the judges -and other partisans of the crown, but _named or not named_, said -those who reflected freely. It will be unnecessary to attempt a -description of the laws of England, as that may be found in -English publications. To those which were established here, -by the adoption of the legislature, have been since added a number -of acts of assembly passed during the monarchy, and ordinances -of convention and acts of assembly enacted since the establishment -of the republic. The following variations from the -British model are perhaps worthy of being specified: - -Debtors unable to pay their debts, and making faithful delivery -of their whole effects, are released from confinement, and -their persons forever discharged from restraint for such previous -debts; but any property they may afterwards acquire will be -subject to their creditors. - -The poor unable to support themselves, are maintained by an -assessment on the tytheable persons in their parish. This assessment -is levied and administered by twelve persons in each parish, -called vestrymen, originally chosen by the housekeepers of the -parish, but afterwards filling vacancies in their own body by -their own choice. These are usually the most discreet farmers, -so distributed through their parish, that every part of it may be -under the immediate eye of some one of them. They are well -acquainted with the details and economy of private life, and -they find sufficient inducements to execute their charge well, in -their philanthropy, in the approbation of their neighbors, and the -distinction which that gives them. The poor who have neither -property, friends, nor strength to labor, are boarded in the houses -of good farmers, to whom a stipulated sum is annually paid. To -those who are able to help themselves a little, or have friends -from whom they derive some succors, inadequate however to -their full maintenance, supplementary aids are given which enable -them to live comfortably in their own houses, or in the -houses of their friends. Vagabonds without visible property or -vocation, are placed in work houses, where they are well clothed, -fed, lodged, and made to labor. Nearly the same method of -providing for the poor prevails through all our States; and from -Savannah to Portsmouth you will seldom meet a beggar. In -the large towns, indeed, they sometimes present themselves. -These are usually foreigners, who have never obtained a settlement -in any parish. I never yet saw a native American begging -in the streets or highways. A subsistence is easily gained here; -and if, by misfortunes, they are thrown on the charities of the -world, those provided by their own country are so comfortable -and so certain, that they never think of relinquishing them to become -strolling beggars. Their situation too, when sick, in the -family of a good farmer, where every member is emulous to do -them kind offices, where they are visited by all the neighbors, -who bring them the little rarities which their sickly appetites -may crave, and who take by rotation the nightly watch over -them, when their condition requires it, is without comparison -better than in a general hospital, where the sick, the dying and -the dead are crammed together in the same rooms, and often in -the same beds. The disadvantages, inseparable from general -hospitals, are such as can never be counterpoised by all the regularities -of medicine and regimen. Nature and kind nursing save -a much greater proportion in our plain way, at a smaller expense, -and with less abuse. One branch only of hospital institution is -wanting with us; that is, a general establishment for those laboring -under difficult cases of chirurgery. The aids of this art are -not equivocal. But an able chirurgeon cannot be had in every -parish. Such a receptacle should therefore be provided for those -patients; but no others should be admitted. - -Marriages must be solemnized either on special license, granted -by the first magistrate of the county, on proof of the consent -of the parent or guardian of either party under age, or after -solemn publication, on three several Sundays, at some place of -religious worship, in the parishes where the parties reside. The -act of solemnization may be by the minister of any society of -Christians, who shall have been previously licensed for this purpose -by the court of the county. Quakers and Menonists, however, -are exempted from all these conditions, and marriage among -them is to be solemnized by the society itself. - -A foreigner of any nation, not in open war with us, becomes -naturalized by removing to the State to reside, and taking an -oath of fidelity; and thereupon acquires every right of a native -citizen; and citizens may divest themselves of that character, -by declaring, by solemn deed, or in open court, that they mean -to expatriate themselves, and no longer to be citizens of this State. - -Conveyances of land must be registered in the court of the -county wherein they lie, or in the general court, or they are void, -as to creditors, and subsequent purchasers. - -Slaves pass by descent and dower as lands do. Where the -descent is from a parent, the heir is bound to pay an equal -share of their value in money to each of their brothers and sisters. - -Slaves, as well as lands, were entailable during the monarchy; -but, by an act of the first republican assembly, all donees in tail, -present and future, were vested with the absolute dominion of -the entailed subject. - -Bills of exchange, being protested, carry ten per cent. interest -from their date. - -No person is allowed, in any other case, to take more than -five per cent. per annum simple interest for the loan of moneys. - -Gaming debts are made void, and moneys actually paid to -discharge such debts (if they exceed forty shillings) may be recovered -by the payer within three months, or by any other person -afterwards. - -Tobacco, flour, beef, pork, tar, pitch, and turpentine, must be -inspected by persons publicly appointed, before they can be exported. - -The erecting iron-works and mills is encouraged by many -privileges; with necessary cautions however to prevent their -dams from obstructing the navigation of the water-courses. The -general assembly have on several occasions shown a great desire -to encourage the opening the great falls of James and Potomac -rivers. As yet, however, neither of these have been effected. - -The laws have also descended to the preservation and improvement -of the races of useful animals, such as horses, cattle, -deer; to the extirpation of those which are noxious, as wolves, -squirrels, crows, blackbirds; and to the guarding our citizens -against infectious disorders, by obliging suspected vessels coming -into the State, to perform quarantine, and by regulating the conduct -of persons having such disorders within the State. - -The mode of acquiring lands, in the earliest times of our settlement, -was by petition to the general assembly. If the lands -prayed for were already cleared of the Indian title, and the assembly -thought the prayer reasonable, they passed the property -by their vote to the petitioner. But if they had not yet been -ceded by the Indians, it was necessary that the petitioner should -previously purchase their right. This purchase the assembly -verified, by inquiries of the Indian proprietors; and being satisfied -of its reality and fairness, proceeded further to examine the -reasonableness of the petition, and its consistence with policy; -and according to the result, either granted or rejected the petition. -The company also sometimes, though very rarely, granted -lands, independently of the general assembly. As the colony -increased, and individual applications for land multiplied, it was -found to give too much occupation to the general assembly to -inquire into and execute the grant in every special case. They -therefore thought it better to establish general rules, according to -which all grants should be made, and to leave to the governor -the execution of them, under these rules. This they did by -what have been usually called the land laws, amending them -from time to time, as their defects were developed. According -to these laws, when an individual wished a portion of unappropriated -land, he was to locate and survey it by a public officer, -appointed for that purpose; its breadth was to bear a certain proportion -to its length: the grant was to be executed by the governor; -and the lands were to be improved in a certain manner, -within a given time. From these regulations there resulted to -the State a sole and exclusive power of taking conveyances of -the Indian right of soil; since, according to them an Indian conveyance -alone could give no right to an individual, which the -laws would acknowledge. The State, or the crown, thereafter, -made general purchases of the Indians from time to time, and -the governor parcelled them out by special grants, conformable -to the rules before described, which it was not in his power, or -in that of the crown, to dispense with. Grants, unaccompanied -by their proper legal circumstances, were set aside regularly by -_fiere facias_, or by bill in chancery. Since the establishment -of our new government, this order of things is but little changed. -An individual, wishing to appropriate to himself lands still unappropriated -by any other, pays to the public treasurer a sum of -money proportioned to the quantity he wants. He carries the -treasurer's receipt to the auditors of public accounts, who thereupon -debit the treasurer with the sum, and order the register of -the land-office to give the party a warrant for his land. With -this warrant from the register, he goes to the surveyor of the -county where the land lies on which he has cast his eye. The -surveyor lays it off for him, gives him its exact description, in -the form of a certificate, which certificate he returns to the land -office, where a grant is made out, and is signed by the governor. -This vests in him a perfect dominion in his lands, transmissible -to whom he pleases by deed or will, or by descent to his heirs, -if he die intestate. - -Many of the laws which were in force during the monarchy -being relative merely to that form of government, or inculcating -principles inconsistent with republicanism, the first assembly -which met after the establishment of the commonwealth appointed -a committee to revise the whole code, to reduce it into -proper form and volume, and report it to the assembly. This -work has been executed by three gentlemen, and reported; but -probably will not be taken up till a restoration of peace shall -leave to the legislature leisure to go through such a work. - -The plan of the revisal was this. The common law of England, -by which is meant, that part of the English law which -was anterior to the date of the oldest statutes extant, is made the -basis of the work. It was thought dangerous to attempt to reduce -it to a text; it was therefore left to be collected from the -usual monuments of it. Necessary alterations in that, and so -much of the whole body of the British statutes, and of acts of -assembly, as were thought proper to be retained, were digested -into one hundred and twenty-six new acts, in which simplicity -of style was aimed at, as far as was safe. The following are the -most remarkable alterations proposed: - -To change the rules of descent, so as that the lands of any -person dying intestate shall be divisible equally among all his -children, or other representatives, in equal degree. - -To make slaves distributable among the next of kin, as other -movables. - -To have all public expenses, whether of the general treasury, -or of a parish or county, (as for the maintenance of the poor, -building bridges, court-houses, &c.,) supplied by assessment on -the citizens, in proportion to their property. - -To hire undertakers for keeping the public roads in repair, -and indemnify individuals through whose lands new roads shall -be opened. - -To define with precision the rules whereby aliens should become -citizens, and citizens make themselves aliens. - -To establish religious freedom on the broadest bottom. - -To emancipate all slaves born after passing the act. The -bill reported by the revisers does not itself contain this proposition; -but an amendment containing it was prepared, to be -offered to the legislature whenever the bill should be taken -up, and farther directing, that they should continue with their -parents to a certain age, then to be brought up, at the public expense, -to tillage, arts, or sciences, according to their geniuses, till -the females should be eighteen, and the males twenty-one years -of age, when they should be colonized to such place as the circumstances -of the time should render most proper, sending them -out with arms, implements of household and of the handicraft -arts, seeds, pairs of the useful domestic animals, &c., to declare -them a free and independent people, and extend to them our alliance -and protection, till they have acquired strength; and to -send vessels at the same time to other parts of the world for an -equal number of white inhabitants; to induce them to migrate -hither, proper encouragements were to be proposed. It will probably -be asked, Why not retain and incorporate the blacks into -the State, and thus save the expense of supplying by importation -of white settlers, the vacancies they will leave? Deep-rooted -prejudices entertained by the whites; ten thousand recollections, -by the blacks, of the injuries they have sustained; new provocations; -the real distinctions which nature has made; and many -other circumstances, will divide us into parties, and produce convulsions, -which will probably never end but in the extermination -of the one or the other race. To these objections, which are -political, may be added others, which are physical and moral. -The first difference which strikes us is that of color. Whether -the black of the negro resides in the reticular membrane between -the skin and scarf-skin, or in the scarf-skin itself; whether it -proceeds from the color of the blood, the color of the bile, or -from that of some other secretion, the difference is fixed in nature, -and is as real as if its seat and cause were better known to -us. And is this difference of no importance? Is it not the -foundation of a greater or less share of beauty in the two races? -Are not the fine mixtures of red and white, the expressions of -every passion by greater or less suffusions of color in the one, -preferable to that eternal monotony, which reigns in the countenances, -that immovable veil of black which covers the emotions -of the other race? Add to these, flowing hair, a more elegant -symmetry of form, their own judgment in favor of the whites, -declared by their preference of them, as uniformly as is the preference -of the Oranootan for the black woman over those of his -own species. The circumstance of superior beauty, is thought -worthy attention in the propagation of our horses, dogs, and -other domestic animals; why not in that of man? Besides those -of color, figure, and hair, there are other physical distinctions -proving a difference of race. They have less hair on the face -and body. They secrete less by the kidneys, and more by the -glands of the skin, which gives them a very strong and disagreeable -odor. This greater degree of transpiration, renders them -more tolerant of heat, and less so of cold than the whites. Perhaps, -too, a difference of structure in the pulminary apparatus, -which a late ingenious[59] experimentalist has discovered to be the -principal regulator of animal heat, may have disabled them from -extricating, in the act of inspiration, so much of that fluid from -the outer air, or obliged them in expiration, to part with more of -it. They seem to require less sleep. A black after hard labor -through the day, will be induced by the slightest amusements -to sit up till midnight, or later, though knowing he must be out -with the first dawn of the morning. They are at least as brave, -and more adventuresome. But this may perhaps proceed from a -want of forethought, which prevents their seeing a danger till it -be present. When present, they do not go through it with more -coolness or steadiness than the whites. They are more ardent -after their female; but love seems with them to be more an eager -desire, than a tender delicate mixture of sentiment and sensation. -Their griefs are transient. Those numberless afflictions, which -render it doubtful whether heaven has given life to us in mercy -or in wrath, are less felt, and sooner forgotten with them. In -general, their existence appears to participate more of sensation -than reflection. To this must be ascribed their disposition to -sleep when abstracted from their diversions, and unemployed in -labor. An animal whose body is at rest, and who does not reflect, -must be disposed to sleep of course. Comparing them -by their faculties of memory, reason, and imagination, it appears -to me that in memory they are equal to the whites; in reason -much inferior, as I think one could scarcely be found capable of -tracing and comprehending the investigations of Euclid; and -that in imagination they are dull, tasteless, and anomalous. It -would be unfair to follow them to Africa for this investigation. -We will consider them here, on the same stage with the whites, -and where the facts are not apochryphal on which a judgment -is to be formed. It will be right to make great allowances for -the difference of condition, of education, of conversation, of the -sphere in which they move. Many millions of them have been -brought to, and born in America. Most of them, indeed, have -been confined to tillage, to their own homes, and their own society; -yet many have been so situated, that they might have -availed themselves of the conversation of their masters; many -have been brought up to the handicraft arts, and from that circumstance -have always been associated with the whites. Some -have been liberally educated, and all have lived in countries -where the arts and sciences are cultivated to a considerable degree, -and all have had before their eyes samples of the best -works from abroad. The Indians, with no advantages of this -kind, will often carve figures on their pipes not destitute of design -and merit. They will crayon out an animal, a plant, or a -country, so as to prove the existence of a germ in their minds -which only wants cultivation. They astonish you with strokes -of the most sublime oratory; such as prove their reason and sentiment -strong, their imagination glowing and elevated. But -never yet could I find that a black had uttered a thought above -the level of plain narration; never saw even an elementary trait -of painting or sculpture. In music they are more generally gifted -than the whites with accurate ears for tune and time, and they -have been found capable of imagining a small catch.[60] Whether -they will be equal to the composition of a more extensive run -of melody, or of complicated harmony, is yet to be proved. -Misery is often the parent of the most affecting touches in -poetry. Among the blacks is misery enough, God knows, but -no poetry. Love is the peculiar œstrum of the poet. Their -love is ardent, but it kindles the senses only, not the imagination. -Religion, indeed, has produced a Phyllis Whately; but it -could not produce a poet. The compositions published under -her name are below the dignity of criticism. The heroes of -the Dunciad are to her, as Hercules to the author of that -poem. Ignatius Sancho has approached nearer to merit in composition; -yet his letters do more honor to the heart than the -head. They breathe the purest effusions of friendship and -general philanthropy, and show how great a degree of the latter -may be compounded with strong religious zeal. He is often -happy in the turn of his compliments, and his style is easy and -familiar, except when he affects a Shandean fabrication of words. -But his imagination is wild and extravagant, escapes incessantly -from every restraint of reason and taste, and, in the course of -its vagaries, leaves a tract of thought as incoherent and eccentric, -as is the course of a meteor through the sky. His subjects -should often have led him to a process of sober reasoning; yet -we find him always substituting sentiment for demonstration. -Upon the whole, though we admit him to the first place among -those of his own color who have presented themselves to the -public judgment, yet when we compare him with the writers of -the race among whom he lived and particularly with the epistolary -class in which he has taken his own stand, we are compelled -to enrol him at the bottom of the column. This criticism supposes -the letters published under his name to be genuine, and to -have received amendment from no other hand; points which -would not be of easy investigation. The improvement of the -blacks in body and mind, in the first instance of their mixture -with the whites, has been observed by every one, and proves -that their inferiority is not the effect merely of their condition -of life. We know that among the Romans, about the Augustan -age especially, the condition of their slaves was much more deplorable -than that of the blacks on the continent of America. The -two sexes were confined in separate apartments, because to raise a -child cost the master more than to buy one. Cato, for a very restricted -indulgence to his slaves in this particular[61], took from them -a certain price. But in this country the slaves multiply as fast as -the free inhabitants. Their situation and manners place the -commerce between the two sexes almost without restraint. The -same Cato, on a principle of economy, always sold his sick and -superannuated slaves. He gives it as a standing precept to a -master visiting his farm, to sell his old oxen, old wagons, old -tools, old and diseased servants, and everything else become useless. -"Vendat boves vetulos, plaustrum vetus, feramenta vetera, -servum senem, servum morbosum, et si quid aliud supersit vendat." -Cato de re rusticâ, c. 2. The American slaves cannot -enumerate this among the injuries and insults they receive. It -was the common practice to expose in the island Æsculapius, in -the Tyber, diseased slaves whose cure was like to become -tedious.[62] The emperor Claudius, by an edict, gave freedom to -such of them as should recover, and first declared that if any -person chose to kill rather than to expose them, it should not be -deemed homicide. The exposing them is a crime of which no -instance has existed with us; and were it to be followed by -death, it would be punished capitally. We are told of a certain -Vedius Pollio, who, in the presence of Augustus, would have -given a slave as food to his fish, for having broken a glass. With -the Romans, the regular method of taking the evidence of their -slaves was under torture. Here it has been thought better never -to resort to their evidence. When a master was murdered, all -his slaves, in the same house, or within hearing, were condemned -to death. Here punishment falls on the guilty only, -and as precise proof is required against him as against a freeman. -Yet notwithstanding these and other discouraging circumstances -among the Romans, their slaves were often their rarest artists. -They excelled too in science, insomuch as to be usually employed -as tutors to their master's children. Epictetus, Terence, -and Phædrus, were slaves. But they were of the race of whites. -It is not their condition then, but nature, which has produced the -distinction. Whether further observation will or will not verify -the conjecture, that nature has been less bountiful to them in -the endowments of the head, I believe that in those of the heart -she will be found to have done them justice. That disposition -to theft with which they have been branded, must be ascribed -to their situation, and not to any depravity of the moral sense. -The man in whose favor no laws of property exist, probably -feels himself less bound to respect those made in favor of others. -When arguing for ourselves, we lay it down as a fundamental, -that laws, to be just, must give a reciprocation of right; that, -without this, they are mere arbitrary rules of conduct, founded -in force, and not in conscience; and it is a problem which I -give to the master to solve, whether the religious precepts against -the violation of property were not framed for him as well as his -slave? And whether the slave may not as justifiably take a -little from one who has taken all from him, as he may slay one -who would slay him? That a change in the relations in which -a man is placed should change his ideas of moral right or wrong, -is neither new, nor peculiar to the color of the blacks. Homer -tells us it was so two thousand six hundred years ago. - - 'Emisu, ger t' aretes apoainutai euruopa Zeus - Haneros, eut' an min kata doulion ema elesin. - - Odd. 17, 323. - - Jove fix'd it certain, that whatever day - Makes man a slave, takes half his worth away. - -But the slaves of which Homer speaks were whites. Notwithstanding -these considerations which must weaken their respect -for the laws of property, we find among them numerous -instances of the most rigid integrity, and as many as among -their better instructed masters, of benevolence, gratitude, and unshaken -fidelity. The opinion that they are inferior in the faculties -of reason and imagination, must be hazarded with great -diffidence. To justify a general conclusion, requires many observations, -even where the subject may be submitted to the anatomical -knife, to optical glasses, to analysis by fire or by solvents. -How much more then where it is a faculty, not a substance, we -are examining; where it eludes the research of all the senses; -where the conditions of its existence are various and variously -combined; where the effects of those which are present or absent -bid defiance to calculation; let me add too, as a circumstance -of great tenderness, where our conclusion would degrade -a whole race of men from the rank in the scale of beings which -their Creator may perhaps have given them. To our reproach it -must be said, that though for a century and a half we have had -under our eyes the races of black and of red men, they have -never yet been viewed by us as subjects of natural history. I -advance it, therefore, as a suspicion only, that the blacks, whether -originally a distinct race, or made distinct by time and circumstances, -are inferior to the whites in the endowments both -of body and mind. It is not against experience to suppose that -different species of the same genus, or varieties of the same species, -may possess different qualifications. Will not a lover of -natural history then, one who views the gradations in all the -races of animals with the eye of philosophy, excuse an effort to -keep those in the department of man as distinct as nature has -formed them? This unfortunate difference of color, and perhaps -of faculty, is a powerful obstacle to the emancipation of -these people. Many of their advocates, while they wish to vindicate -the liberty of human nature, are anxious also to preserve -its dignity and beauty. Some of these, embarrassed by the question, -"What further is to be done with them?" join themselves -in opposition with those who are actuated by sordid avarice only. -Among the Romans emancipation required but one effort. The -slave, when made free, might mix with, without staining the -blood of his master. But with us a second is necessary, unknown -to history. When freed, he is to be removed beyond the -reach of mixture. - -The revised code further proposes to proportion crimes and -punishments. This is attempted on the following scale: - - I. Crimes whose punishment extends to LIFE. - - 1. High treason. Death by hanging. - Forfeiture of lands and goods to the - commonwealth. - 2. Petty treason. Death by hanging. Dissection. - Forfeiture of half the lands and goods to the - representatives of the party slain. - 3. Murder. 1. By poison. Death by poison. - Forfeiture of one-half, as before. - 2. In duel. Death by hanging. Gibbeting, if the - challenger. - Forfeiture of one-half as before, unless - it be the party challenged, then the - forfeiture is to the commonwealth. - 3. In any other way. Death by hanging. - Forfeiture of one-half as before. - 4. Manslaughter. The second offence is murder. - - II. Crimes whose punishment goes to LIMB. - - 1. Rape. } Dismemberment. - 2. Sodomy. } - 3. Maiming. } Retaliation, and the forfeiture of half of the - 4. Disfiguring. } lands and goods to the sufferer. - - III. Crimes punishable by LABOR. - - 1. Manslaughter, Labor VII. years Forfeiture of half, as - 1st offence. for the in murder. - public. - 2. Counterfeiting Labor VI. years Forfeiture of lands and - money. "" goods to the commonwealth. - 3. Arson. } Labor V. years Reparation three-fold. - 4. Asportation of } "" - vessels. - 5. Robbery. } Labor IV. years Reparation double. - 6. Burglary. } "" - 7. House-breaking. } Labor III. years Reparation. - 8. Horse-stealing. } "" - 9. Grand larceny. Labor II. years Reparation. Pillory. - "" - 10. Petty larceny. Labor I. year Reparation. Pillory. - "" - 11. Pretensions to - witchcraft, &c. Ducking. Stripes. - 12. Excusable homicide. } - 13. Suicide. } To be pitied, not punished. - 14. Apostasy. Heresy. } - -Pardon and privilege of clergy are proposed to be abolished; -but if the verdict be against the defendant, the court in their -discretion may allow a new trial. No attainder to cause a corruption -of blood, or forfeiture of dower. Slaves guilty of offences -punishable in others by labor, to be transported to Africa, -or elsewhere, as the circumstances of the time admit, there to -be continued in slavery. A rigorous regimen proposed for those -condemned to labor. - -Another object of the revisal is, to diffuse knowledge more -generally through the mass of the people. This bill proposes to -lay off every county into small districts of five or six miles square, -called hundreds, and in each of them to establish a school for -teaching, reading, writing, and arithmetic. The tutor to be supported -by the hundred, and every person in it entitled to send -their children three years gratis, and as much longer as they -please, paying for it. These schools to be under a visitor who -is annually to choose the boy of best genius in the school, of -those whose parents are too poor to give them further education, -and to send him forward to one of the grammar schools, of which -twenty are proposed to be erected in different parts of the country, -for teaching Greek, Latin, Geography, and the higher -branches of numerical arithmetic. Of the boys thus sent in -one year, trial is to be made at the grammar schools one or two -years, and the best genius of the whole selected, and continued -six years, and the residue dismissed. By this means twenty of -the best geniuses will be raked from the rubbish annually, and -be instructed, at the public expense, so far as the grammar schools -go. At the end of six years instruction, one half are to be discontinued -(from among whom the grammar schools will probably -be supplied with future masters); and the other half, who -are to be chosen for the superiority of their parts and disposition, -are to be sent and continued three years in the study of such -sciences as they shall choose, at William and Mary college, the -plan of which is proposed to be enlarged, as will be hereafter -explained, and extended to all the useful sciences. The ultimate -result of the whole scheme of education would be the -teaching all the children of the State reading, writing, and common -arithmetic; turning out ten annually, of superior genius, -well taught in Greek, Latin, Geography, and the higher branches -of arithmetic; turning out ten others annually, of still superior -parts, who, to those branches of learning, shall have added such -of the sciences as their genius shall have led them to; the furnishing -to the wealthier part of the people convenient schools at -which their children may be educated at their own expense. -The general objects of this law are to provide an education -adapted to the years, to the capacity, and the condition of every -one, and directed to their freedom and happiness. Specific details -were not proper for the law. These must be the business -of the visitors entrusted with its execution. The first stage of -this education being the schools of the hundreds, wherein the -great mass of the people will receive their instruction, the principal -foundations of future order will be laid here. Instead, -therefore, of putting the Bible and Testament into the hands of -the children at an age when their judgments are not sufficiently -matured for religious inquiries, their memories may here be stored -with the most useful facts from Grecian, Roman, European and -American history. The first elements of morality too may be -instilled into their minds; such as, when further developed as -their judgments advance in strength, may teach them how to -work out their own greatest happiness, by showing them that it -does not depend on the condition of life in which chance has -placed them, but is always the result of a good conscience, good -health, occupation, and freedom in all just pursuits. Those -whom either the wealth of their parents or the adoption of the -State shall destine to higher degrees of learning, will go on to -the grammar schools, which constitute the next stage, there to -be instructed in the languages. The learning Greek and Latin, -I am told, is going into disuse in Europe. I know not what -their manners and occupations may call for; but it would be -very ill-judged in us to follow their example in this instance. -There is a certain period of life, say from eight to fifteen or sixteen -years of age, when the mind like the body is not yet firm -enough for laborious and close operations. If applied to such, it -falls an early victim to premature exertion; exhibiting, indeed, -at first, in these young and tender subjects, the flattering appearance -of their being men while they are yet children, but ending -in reducing them to be children when they should be men. -The memory is then most susceptible and tenacious of impressions; -and the learning of languages being chiefly a work of -memory, it seems precisely fitted to the powers of this period, -which is long enough too for acquiring the most useful languages, -ancient and modern. I do not pretend that language is science. -It is only an instrument for the attainment of science. But that -time is not lost which is employed in providing tools for future -operation; more especially as in this case the books put into the -hands of the youth for this purpose may be such as will at the -same time impress their minds with useful facts and good principles. -If this period be suffered to pass in idleness, the mind -becomes lethargic and impotent, as would the body it inhabits -if unexercised during the same time. The sympathy between -body and mind during their rise, progress and decline, is too strict -and obvious to endanger our being missed while we reason from -the one to the other. As soon as they are of sufficient age, it is -supposed they will be sent on from the grammar schools to the -university, which constitutes our third and last stage, there to -study those sciences which may be adapted to their views. By -that part of our plan which prescribes the selection of the youths -of genius from among the classes of the poor, we hope to avail -the State of those talents which nature has sown as liberally -among the poor as the rich, but which perish without use, if not -sought for and cultivated. But of the views of this law none is -more important, none more legitimate, than that of rendering the -people the safe, as they are the ultimate, guardians of their own -liberty. For this purpose the reading in the first stage, where -_they_ will receive their whole education, is proposed, as has been -said, to be chiefly historical. History, by apprizing them of the -past, will enable them to judge of the future; it will avail them -of the experience of other times and other nations; it will qualify -them as judges of the actions and designs of men; it will enable -them to know ambition under every disguise it may assume; and -knowing it, to defeat its views. In every government on earth -is some trace of human weakness, some germ of corruption and -degeneracy, which cunning will discover, and wickedness insensibly -open, cultivate and improve. Every government degenerates -when trusted to the rulers of the people alone. The -people themselves therefore are its only safe depositories. And -to render even them safe, their minds must be improved to a -certain degree. This indeed is not all that is necessary, though -it be essentially necessary. An amendment of our constitution -must here come in aid of the public education. The influence -over government must be shared among all the people. If every -individual which composes their mass participates of the ultimate -authority, the government will be safe; because the corrupting -the whole mass will exceed any private resources of wealth; -and public ones cannot be provided but by levies on the people. -In this case every man would have to pay his own price. The -government of Great Britain has been corrupted, because but one -man in ten has a right to vote for members of parliament. The -sellers of the government, therefore, get nine-tenths of their price -clear. It has been thought that corruption is restrained by confining -the right of suffrage to a few of the wealthier of the people; -but it would be more effectually restrained by an extension -of that right to such numbers as would bid defiance to the means -of corruption. - -Lastly, it is proposed, by a bill in this revisal, to begin a public -library and gallery, by laying out a certain sum annually in -books, paintings, and statues. - -FOOTNOTES: - - [59] Crawford. - - [60] The instrument proper to them is the Banjar, which they - brought hither from Africa, and which is the original - of the guitar, its chords being precisely the four lower - chords of the guitar. - - [61] Tous doulous etaxen örismenou nomesmatos homilein tais - therapainsin.--Plutarch. Cato. - - [62] Suet. Claud. 25. - - -QUERY XV. - -_The Colleges and Public Establishments, the Roads, Buildings, &c._ - -The college of William and Mary is the only public seminary -of learning in this State. It was founded in the time of king -William and queen Mary, who granted to it twenty thousand -acres of land, and a penny a pound duty on certain tobaccoes -exported from Virginia and Maryland, which had been levied by -the statute of 25 Car. II. The assembly also gave it, by temporary -laws, a duty on liquors imported, and skins and furs exported. -From these resources it received upwards of three -thousand pounds _communibus annis_. The buildings are of -brick, sufficient for an indifferent accommodation of perhaps an -hundred students. By its charter it was to be under the government -of twenty visitors, who were to be its legislators, and to -have a president and six professors, who were incorporated. It -was allowed a representative in the general assembly. Under -this charter, a professorship of the Greek and Latin languages, a -professorship of mathematics, one of moral philosophy, and two -of divinity, were established. To these were annexed, for a -sixth professorship, a considerable donation by Mr. Boyle, of -England, for the instruction of the Indians, and their conversion -to Christianity. This was called the professorship of Brafferton, -from an estate of that name in England, purchased with the -monies given. The admission of the learners of Latin and -Greek filled the college with children. This rendering it disagreeable -and degrading to young gentlemen already prepared for -entering on the sciences, they were discouraged from resorting -to it, and thus the schools for mathematics and moral philosophy, -which might have been of some service, became of very little. -The revenues, too, were exhausted in accommodating those who -came only to acquire the rudiments of science. After the present -revolution, the visitors, having no power to change those circumstances -in the constitution of the college which were fixed -by the charter, and being therefore confined in the number of -the professorships, undertook to change the objects of the professorships. -They excluded the two schools for divinity, and that -for the Greek and Latin languages, and substituted others; so -that at present they stand thus: - - A Professorship for Law and Police; - Anatomy and Medicine; - Natural Philosophy and Mathematics; - Moral Philosophy, the Law of Nature and Nations, the Fine Arts; - Modern Languages; - For the Brafferton. - -And it is proposed, so soon as the legislature shall have leisure -to take up this subject, to desire authority from them to increase -the number of professorships, as well for the purpose of subdividing -those already instituted, as of adding others for other -branches of science. To the professorships usually established in -the universities of Europe, it would seem proper to add one for the -ancient languages and literature of the north, on account of their -connection with our own language, laws, customs, and history. -The purposes of the Brafferton institution would be better answered -by maintaining a perpetual mission among the Indian -tribes, the object of which, besides instructing them in the principles -of Christianity, as the founder requires, should be to collect -their traditions, laws, customs, languages, and other circumstances -which might lead to a discovery of their relation with one another, -or descent from other nations. When these objects are -accomplished with one tribe, the missionary might pass on to another. - -The roads are under the government of the county courts, -subject to be controlled by the general court. They order new -roads to be opened wherever they think them necessary. The -inhabitants of the county are by them laid off into precincts, to -each of which they allot a convenient portion of the public roads -to be kept in repair. Such bridges as may be built without the -assistance of artificers, they are to build. If the stream be such -as to require a bridge of regular workmanship, the court employs -workmen to build it, at the expense of the whole county. If it -be too great for the county, application is made to the general -assembly, who authorize individuals to build it, and to take a -fixed toll from all passengers, or give sanction to such other proposition -as to them appears reasonable. - -Ferries are admitted only at such places as are particularly -pointed out by law, and the rates of ferriage are fixed. - -Taverns are licensed by the courts, who fix their rates from -time to time. - -The private buildings are very rarely constructed of stone or -brick, much the greatest portion being of scantling and boards, -plastered with lime. It is impossible to devise things more ugly, -uncomfortable, and happily more perishable. There are two or -three plans, on one of which, according to its size, most of the -houses in the State are built. The poorest people build huts of -logs, laid horizontally in pens, stopping the interstices with mud. -These are warmer in winter, and cooler in summer, than the -more expensive construction of scantling and plank. The -wealthy are attentive to the raising of vegetables, but very little -so to fruits. The poorer people attend to neither, living principally -on milk and animal diet. This is the more inexcusable, -as the climate requires indispensably a free use of vegetable food, -for health as well as comfort, and is very friendly to the raising -of fruits. The only public buildings worthy mention are the -capitol, the palace, the college, and the hospital for lunatics, all -of them in Williamsburg, heretofore the seat of our government. -The capitol is a light and airy structure, with a portico in front -of two orders, the lower of which, being Doric, is tolerably just -in its proportions and ornaments, save only that the intercolonations -are too large. The upper is Ionic, much too small for that -on which it is mounted, its ornaments not proper to the order, -nor proportioned within themselves. It is crowned with a pediment, -which is too high for its span. Yet, on the whole, it is -the most pleasing piece of architecture we have. The palace is -not handsome without, but it is spacious and commodious within, -is prettily situated, and with the grounds annexed to it, is capable -of being made an elegant seat. The college and hospital -are rude, misshapen piles, which, but that they have roofs, would -be taken for brick-kilns. There are no other public buildings -but churches and court-houses, in which no attempts are made -at elegance. Indeed, it would not be easy to execute such an attempt, -as a workman could scarcely be found capable of drawing -an order. The genius of architecture seems to have shed its -maledictions over this land. Buildings are often erected, by individuals, -of considerable expense. To give these symmetry and -taste, would not increase their cost. It would only change the -arrangement of the materials, the form and combination of the -members. This would often cost less than the burthen of barbarous -ornaments with which these buildings are sometimes -charged. But the first principles of the art are unknown, and -there exists scarcely a model among us sufficiently chaste to give -an idea of them. Architecture being one of the fine arts, and as -such within the department of a professor of the college, according -to the new arrangement, perhaps a spark may fall on some -young subjects of natural taste, kindle up their genius, and produce -a reformation in this elegant and useful art. But all we -shall do in this way will produce no permanent improvement -to our country, while the unhappy prejudice prevails that houses -of brick or stone are less wholesome than those of wood. A dew -is often observed on the walls of the former in rainy weather, -and the most obvious solution is, that the rain has penetrated -through these walls. The following facts, however, are sufficient -to prove the error of this solution: 1. This dew upon the walls -appears when there is no rain, if the state of the atmosphere be -moist. 2. It appears upon the partition as well as the exterior -walls. 3. So, also, on pavements of brick or stone. 4. It is more -copious in proportion as the walls are thicker; the reverse of which -ought to be the case, if this hypothesis were just. If cold water be -poured into a vessel of stone, or glass, a dew forms instantly on -the outside; but if it be poured into a vessel of wood, there is no -such appearance. It is not supposed, in the first case, that the -water has exuded through the glass, but that it is precipitated -from the circumambient air; as the humid particles of vapor, -passing from the boiler of an alembic through its refrigerant, are -precipitated from the air, in which they are suspended, on the internal -surface of the refrigerant. Walls of brick and stone act -as the refrigerant in this instance. They are sufficiently cold to -condense and precipitate the moisture suspended in the air of -the room, when it is heavily charged therewith. But walls of -wood are not so. The question then is, whether the air in -which this moisture is left floating, or that which is deprived of -it, be most wholesome? In both cases the remedy is easy. A -little fire kindled in the room, whenever the air is damp, prevents -the precipitation on the walls; and this practice, found healthy -in the warmest as well as coldest seasons, is as necessary in a -wooden as in a stone or brick house. I do not mean to say, that -the rain never penetrates through walls of brick. On the contrary, -I have seen instances of it. But with us it is only through -the northern and eastern walls of the house, after a north-easterly -storm, this being the only one which continues long enough to -force through the walls. This, however, happens too rarely to -give a just character of unwholesomeness to such houses. In a -house, the walls of which are of well-burnt brick and good mortar, -I have seen the rain penetrate through but twice in a dozen -or fifteen years. The inhabitants of Europe, who dwell chiefly -in houses of stone or brick, are surely as healthy as those of Virginia. -These houses have the advantage, too, of being warmer -in winter and cooler in summer than those of wood; of being -cheaper in their first construction, where lime is convenient, and -infinitely more durable. The latter consideration renders it of -great importance to eradicate this prejudice from the minds of -our countrymen. A country whose buildings are of wood, can -never increase in its improvements to any considerable degree. -Their duration is highly estimated at fifty years. Every half -century then our country becomes a _tabula rasa_, whereon we -have to set out anew, as in the first moment of seating it. -Whereas when buildings are of durable materials, every new edifice -is an actual and permanent acquisition to the State, adding -to its value as well as to its ornament. - - -QUERY XVI. - -_The measures taken with regard to the estates and possessions -of the Rebels, commonly called tories?_ - -A tory has been properly defined to be a traitor in thought but -not in deed. The only description, by which the laws have endeavored -to come at them, was that of non-jurors, or persons refusing -to take the oath of fidelity to the State. Persons of this -description were at one time subjected to double taxation, at another -to treble, and lastly were allowed retribution, and placed -on a level with good citizens. It may be mentioned as a proof, -both of the lenity of our government, and unanimity of its inhabitants, -that though this war has now raged near seven years, -not a single execution for treason has taken place. - -Under this query I will state the measures which have been -adopted as to British property, the owners of which stand on a -much fairer footing than the tories. By our laws, the same as -the English as in this respect, no alien can hold lands, nor alien -enemy maintain an action for money, or other movable thing. -Lands acquired or held by aliens become forfeited to the State; -and, on an action by an alien enemy to recover money, or other -movable property, the defendant may plead that he is an alien -enemy. This extinguishes his right in the hands of the debtor -or holder of his movable property. By our separation from -Great Britain, British subjects became aliens, and being at war, -they were alien enemies. Their lands were of course forfeited, -and their debts irrecoverable. The assembly, however, passed -laws at various times, for saving their property. They first sequestered -their lands, slaves, and other property on their farms -in the hands of commissioners, who were mostly the confidential -friends or agents of the owners, and directed their clear profits to -be paid into the treasury; and they gave leave to all persons -owing debts to British subjects to pay them also into the treasury. -The monies so to be brought in were declared to remain the -property of the British subject, and if used by the State, were to -be repaid, unless an improper conduct in Great Britain should -render a detention of it reasonable. Depreciation had at that -time, though unacknowledged and unperceived by the whigs, -begun in some small degree. Great sums of money were paid in -by debtors. At a later period, the assembly, adhering to the political -principles which forbid an alien to hold lands in the State, -ordered all British property to be sold; and, become sensible of -the real progress of depreciation, and of the losses which would -thence occur, if not guarded against, they ordered that the proceeds -of the sales should be converted into their then worth in -tobacco, subject to the future direction of the legislature. This -act has left the question of retribution more problematical. In -May, 1780, another act took away the permission to pay into the -public treasury debts due to British subjects. - - -QUERY XVII. - -_The different religions received into that State?_ - -The first settlers in this country were emigrants from England, -of the English Church, just at a point of time when it was -flushed with complete victory over the religious of all other persuasions. -Possessed, as they became, of the powers of making, -administering, and executing the laws, they showed equal intolerance -in this country with their Presbyterian brethren, who had -emigrated to the northern government. The poor Quakers were -flying from persecution in England. They cast their eyes on -these new countries as asylums of civil and religious freedom; -but they found them free only for the reigning sect. Several -acts of the Virginia assembly of 1659, 1662, and 1693, had made -it penal in parents to refuse to have their children baptized; had -prohibited the unlawful assembling of Quakers; had made it -penal for any master of a vessel to bring a Quaker into the State; -had ordered those already here, and such as should come thereafter, -to be imprisoned till they should abjure the country; provided -a milder punishment for their first and second return, but -death for their third; had inhibited all persons from suffering -their meetings in or near their houses, entertaining them individually, -or disposing of books which supported their tenets. If no -execution took place here, as did in New England, it was not -owing to the moderation of the church, or spirit of the legislature, -as may be inferred from the law itself; but to historical -circumstances which have not been handed down to us. The -Anglicans retained full possession of the country about a century. -Other opinions began then to creep in, and the great care of the -government to support their own church, having begotten an equal -degree of indolence in its clergy, two-thirds of the people had become -dissenters at the commencement of the present revolution. -The laws, indeed, were still oppressive on them, but the spirit -of the one party had subsided into moderation, and of the other -had risen to a degree of determination which commanded respect. - -The present state of our laws on the subject of religion is this. -The convention of May 1776, in their declaration of rights, declared -it to be a truth, and a natural right, that the exercise of -religion should be free; but when they proceeded to form on -that declaration the ordinance of government, instead of taking -up every principle declared in the bill of rights, and guarding it -by legislative sanction, they passed over that which asserted our -religious rights, leaving them as they found them. The same -convention, however, when they met as a member of the general -assembly in October, 1776, repealed all _acts of Parliament_ which -had rendered criminal the maintaining any opinions in matters -of religion, the forbearing to repair to church, and the exercising -any mode of worship; and suspended the laws giving salaries to -the clergy, which suspension was made perpetual in October, -1779. Statutory oppressions in religion being thus wiped away, -we remain at present under those only imposed by the common -law, or by our own acts of assembly. At the common law, -_heresy_ was a capital offence, punishable by burning. Its definition -was left to the ecclesiastical judges, before whom the conviction -was, till the statute of the 1 El. c. 1 circumscribed it, -by declaring, that nothing should be deemed heresy, but what -had been so determined by authority of the canonical scriptures, -or by one of the four first general councils, or by other -council, having for the grounds of their declaration the express -and plain words of the scriptures. Heresy, thus circumscribed, -being an offence against the common law, our act of assembly -of October 1777, c. 17, gives cognizance of it to the general -court, by declaring that the jurisdiction of that court shall be -general in all matters at the common law. The execution is by -the writ _De hæretico comburendo_. By our own act of assembly -of 1705, c. 30, if a person brought up in the Christian religion -denies the being of a God, or the Trinity, or asserts there are -more gods than one, or denies the Christian religion to be true, -or the scriptures to be of divine authority, he is punishable on -the first offence by incapacity to hold any office or employment -ecclesiastical, civil, or military; on the second by disability to -sue, to take any gift or legacy, to be guardian, executor, or administrator, -and by three years' imprisonment without bail. A -father's right to the custody of his own children being founded -in law on his right of guardianship, this being taken away, they -may of course be severed from him, and put by the authority of -a court into more orthodox hands. This is a summary view of -that religious slavery under which a people have been willing -to remain, who have lavished their lives and fortunes for the establishment -of their civil freedom. [63]The error seems not sufficiently -eradicated, that the operations of the mind, as well as -the acts of the body, are subject to the coercion of the laws. But -our rulers can have no authority over such natural rights, only -as we have submitted to them. The rights of conscience we -never submitted, we could not submit. We are answerable for -them to our God. The legitimate powers of government extend -to such acts only as are injurious to others. But it does me no -injury for my neighbor to say there are twenty gods, or no God. -It neither picks my pocket nor breaks my leg. If it be said, his -testimony in a court of justice cannot be relied on, reject it then, -and be the stigma on him. Constraint may make him worse by -making him a hypocrite, but it will never make him a truer man. -It may fix him obstinately in his errors, but will not cure them. -Reason and free inquiry are the only effectual agents against -error. Give a loose to them, they will support the true religion -by bringing every false one to their tribunal, to the test of their -investigation. They are the natural enemies of error, and of -error only. Had not the Roman government permitted free inquiry, -Christianity could never have been introduced. Had not -free inquiry been indulged at the era of the reformation, the corruptions -of Christianity could not have been purged away. If it -be restrained now, the present corruptions will be protected, and -new ones encouraged. Was the government to prescribe to us -our medicine and diet, our bodies would be in such keeping as -our souls are now. Thus in France the emetic was once forbidden -as a medicine, and the potato as an article of food. Government -is just as infallible, too, when it fixes systems in physics. -Galileo was sent to the Inquisition for affirming that the earth -was a sphere; the government had declared it to be as flat as a -trencher, and Galileo was obliged to abjure his error. This -error, however, at length prevailed, the earth became a globe, and -Descartes declared it was whirled round its axis by a vortex. -The government in which he lived was wise enough to see that -this was no question of civil jurisdiction, or we should all have -been involved by authority in vortices. In fact, the vortices -have been exploded, and the Newtonian principle of gravitation -is now more firmly established, on the basis of reason, than it -would be were the government to step in, and to make it an -article of necessary faith. Reason and experiment have been -indulged, and error has fled before them. It is error alone which -needs the support of government. Truth can stand by itself. -Subject opinion to coercion: whom will you make your inquisitors? -Fallible men; men governed by bad passions, by private -as well as public reasons. And why subject it to coercion? To -produce uniformity. But is uniformity of opinion desirable? -No more than of face and stature. Introduce the bed of Procrustes -then, and as there is danger that the large men may beat -the small, make us all of a size, by lopping the former and -stretching the latter. Difference of opinion is advantageous in -religion. The several sects perform the office of a _censor morum_ -over such other. Is uniformity attainable? Millions of innocent -men, women, and children, since the introduction of Christianity, -have been burnt, tortured, fined, imprisoned; yet we have not -advanced one inch towards uniformity. What has been the effect -of coercion? To make one half the world fools, and the -other half hypocrites. To support roguery and error all over -the earth. Let us reflect that it is inhabited by a thousand millions -of people. That these profess probably a thousand different -systems of religion. That ours is but one of that thousand. -That if there be but one right, and ours that one, we should -wish to see the nine hundred and ninety-nine wandering sects -gathered into the fold of truth. But against such a majority we -cannot effect this by force. Reason and persuasion are the only -practicable instruments. To make way for these, free inquiry -must be indulged; and how can we wish others to indulge it -while we refuse it ourselves. But every State, says an inquisitor, -has established some religion. No two, say I, have established -the same. Is this a proof of the infallibility of establishments? -Our sister States of Pennsylvania and New York, however, have -long subsisted without any establishment at all. The experiment -was new and doubtful when they made it. It has answered -beyond conception. They flourish infinitely. Religion -is well supported; of various kinds, indeed, but all good enough; -all sufficient to preserve peace and order; or if a sect arises, whose -tenets would subvert morals, good sense has fair play, and reasons -and laughs it out of doors, without suffering the State to be -troubled with it. They do not hang more malefactors than we -do. They are not more disturbed with religious dissensions. -On the contrary, their harmony is unparalleled, and can be ascribed -to nothing but their unbounded tolerance, because there -is no other circumstance in which they differ from every nation -on earth. They have made the happy discovery, that the way -to silence religious disputes, is to take no notice of them. Let -us too give this experiment fair play, and get rid, while we may, -of those tyrannical laws. It is true, we are as yet secured against -them by the spirit of the times. I doubt whether the people of -this country would suffer an execution for heresy, or a three -years' imprisonment for not comprehending the mysteries of the -Trinity. But is the spirit of the people an infallible, a permanent -reliance? Is it government? Is this the kind of protection -we receive in return for the rights we give up? Besides, the -spirit of the times may alter, will alter. Our rulers will become -corrupt, our people careless. A single zealot may commence -persecutor, and better men be his victims. It can never be too -often repeated, that the time for fixing every essential right on a -legal basis is while our rulers are honest, and ourselves united. -From the conclusion of this war we shall be going down hill. -It will not then be necessary to resort every moment to the people -for support. They will be forgotten, therefore, and their -rights disregarded. They will forget themselves, but in the sole -faculty of making money, and will never think of uniting to effect -a due respect for their rights. The shackles, therefore, -which shall not be knocked off at the conclusion of this war, -will remain on us long, will be made heavier and heavier, till -our rights shall revive or expire in a convulsion. - -FOOTNOTE: - - [63] Furneaux passim. - - -QUERY XVIII. - -_The particular customs and manners that may happen to be -received in that State?_ - -It is difficult to determine on the standard by which the manners -of a nation may be tried, whether _catholic_ or _particular_. -It is more difficult for a native to bring to that standard the -manners of his own nation, familiarized to him by habit. There -must doubtless be an unhappy influence on the manners of our -people produced by the existence of slavery among us. The -whole commerce between master and slave is a perpetual exercise -of the most boisterous passions, the most unremitting despotism -on the one part, and degrading submissions on the other. Our -children see this, and learn to imitate it; for man is an imitative -animal. This quality is the germ of all education in him. From -his cradle to his grave he is learning to do what he sees others -do. If a parent could find no motive either in his philanthropy -or his self-love, for restraining the intemperance of passion towards -his slave, it should always be a sufficient one that his -child is present. But generally it is not sufficient. The parent -storms, the child looks on, catches the lineaments of wrath, puts -on the same airs in the circle of smaller slaves, gives a loose to -the worst of passions, and thus nursed, educated, and daily exercised -in tyranny, cannot but be stamped by it with odious peculiarities. -The man must be a prodigy who can retain his manners -and morals undepraved by such circumstances. And with -what execration should the statesman be loaded, who, permitting -one half the citizens thus to trample on the rights of the other, -transforms those into despots, and these into enemies, destroys -the morals of the one part, and the _amor patriæ_ of the other. -For if a slave can have a country in this world, it must be any -other in preference to that in which he is born to live and labor -for another; in which he must lock up the faculties of his nature, -contribute as far as depends on his individual endeavors to the -evanishment of the human race, or entail his own miserable condition -on the endless generations proceeding from him. With -the morals of the people, their industry also is destroyed. For -in a warm climate, no man will labor for himself who can make -another labor for him. This is so true, that of the proprietors -of slaves a very small proportion indeed are ever seen to labor. -And can the liberties of a nation be thought secure when we -have removed their only firm basis, a conviction in the minds -of the people that these liberties are of the gift of God? That -they are not to be violated but with his wrath? Indeed I tremble -for my country when I reflect that God is just; that his justice -cannot sleep forever; that considering numbers, nature and natural -means only, a revolution of the wheel of fortune, an exchange -of situation is among possible events; that it may become -probable by supernatural interference! The Almighty -has no attribute which can take side with us in such a contest. -But it is impossible to be temperate and to pursue this subject -through the various considerations of policy, of morals, of history -natural and civil. We must be contented to hope they will force -their way into every one's mind. I think a change already perceptible, -since the origin of the present revolution. The spirit -of the master is abating, that of the slave rising from the dust, -his condition mollifying, the way I hope preparing, under the -auspices of heaven, for a total emancipation, and that this is disposed, -in the order of events, to be with the consent of the masters, -rather than by their extirpation. - - -QUERY XIX. - -_The present state of manufactures, commerce, interior and exterior -trade?_ - -We never had an interior trade of any importance. Our exterior -commerce has suffered very much from the beginning of -the present contest. During this time we have manufactured -within our families the most necessary articles of clothing. -Those of cotton will bear some comparison with the same kinds -of manufacture in Europe; but those of wool, flax and hemp are -very coarse, unsightly, and unpleasant; and such is our attachment -to agriculture, and such our preference for foreign manufactures, -that be it wise or unwise, our people will certainly return -as soon as they can, to the raising raw materials, and exchanging -them for finer manufactures than they are able to execute -themselves. - -The political economists of Europe have established it as a -principle, that every State should endeavor to manufacture for -itself; and this principle, like many others, we transfer to America, -without calculating the difference of circumstance which -should often produce a difference of result. In Europe the lands -are either cultivated, or locked up against the cultivator. Manufacture -must therefore be resorted to of necessity not of choice -to support the surplus of their people. But we have an immensity -of land courting the industry of the husbandman. Is it -best then that all our citizens should be employed in its improvement, -or that one half should be called off from that to exercise -manufactures and handicraft arts for the other? Those -who labor in the earth are the chosen people of God, if ever He -had a chosen people, whose breasts He has made His peculiar -deposit for substantial and genuine virtue. It is the focus in -which he keeps alive that sacred fire, which otherwise might -escape from the face of the earth. Corruption of morals in the -mass of cultivators is a phenomenon of which no age nor nation -has furnished an example. It is the mark set on those, who, -not looking up to heaven, to their own soil and industry, as does -the husbandman, for their subsistence, depend for it on casualties -and caprice of customers. Dependence begets subservience -and venality, suffocates the germ of virtue, and prepares fit tools -for the designs of ambition. This, the natural progress and consequence -of the arts, has sometimes perhaps been retarded by accidental -circumstances; but, generally speaking, the proportion -which the aggregate of the other classes of citizens bears in any -State to that of its husbandmen, is the proportion of its unsound -to its healthy parts, and is a good enough barometer whereby to -measure its degree of corruption. While we have land to labor -then, let us never wish to see our citizens occupied at a workbench, -or twirling a distaff. Carpenters, masons, smiths, are -wanting in husbandry; but, for the general operations of manufacture, -let our workshops remain in Europe. It is better to -carry provisions and materials to workmen there, than bring -them to the provisions and materials, and with them their manners -and principles. The loss by the transportation of commodities -across the Atlantic will be made up in happiness and -permanence of government. The mobs of great cities add just -so much to the support of pure government, as sores do to the -strength of the human body. It is the manners and spirit of a -people which preserve a republic in vigor. A degeneracy in -these is a canker which soon eats to the heart of its laws and -constitution. - - -QUERY XX. - -_A notice of the commercial productions particular to the State, -and of those objects which the inhabitants are obliged to get -from Europe and from other parts of the world?_ - -Before the present war we exported, _communibus annis_, according -to the best information I can get, nearly as follows: - - +----------------------+----------------+----------+----------------+ - | Articles. | Quantity. |Dollars. | Amount in | - | | | | Dollars. | - +----------------------+----------------+----------+----------------+ - |Tobacco | 55.000 hhds of | at 30d. | | - | | 1,000 lbs. |per hhd. | $1,650,000 | - | | | | | - |Wheat |800,000 bushels.|at 5-6d. | | - | | |per bush. | 666,666⅔ | - | | | | | - |Indian corn |600,000 " |at ⅓d. | | - | | |per bush. | 200,000 | - | | | | | - |Shipping | ........ | .... | 100,000 | - | | | | | - |Masts, planks, }| | | | - |scantling, shingles, }| ........ | .... | 66,666⅔ | - |staves }| | | | - | | | | | - |Tar, pitch, turpentine| 30,000 barrels.|at 1⅓d. | | - | | |per bbl. | 40,000 | - | | | | | - |Peltry, viz., skins }| | | | - |of deer, beavers, }|180 hhds. of | | | - |otters, musk rats, }|600 lbs. |at 5-12d. | | - |raccoons,foxes }| |per lb. | 42,000 | - | | | | | - |Pork | 4,000 barrels.|at 10d. | | - | | |per bbl. | 40,000 | - | | | | | - |Flax-seed, hemp, | | | | - |cotton | ........ | .... | 8,000 | - | | | | | - |Pit coal, pig iron | ........ | .... | 6,666⅔ | - | | | | | - |Peas | 5,000 bushels.|at ⅔d. | | - | | |per bush. | 3,333⅓ | - |Beef | 1,000 barrels.|at 3⅓d. | | - | | |per bbl. | 3,333⅓ | - | | | | | - |Sturgeon, white shad, | | | | - |herring | ........ | .... | 3,333⅓ | - | | | | | - |Brandy from peaches }| ........ | .... | 1,666⅔ | - |and apples, and }| | | | - |whiskey }| | | | - | | | | | - |Horses | ........ | .... | 1,666⅔ | - | +----------------+----------+----------------+ - | | ........ | .... |[64]$2,833,333⅓ | - +----------------------+----------------+----------+----------------+ - -In the year 1758 we exported seventy thousand hogsheads of -tobacco, which was the greatest quantity ever produced in this -country in one year. But its culture was fast declining at the -commencement of this war and that of wheat taken its place; -and it must continue to decline on the return of peace. I suspect -that the change in the temperature of our climate has become -sensible to that plant, which to be good, requires an extraordinary -degree of heat. But it requires still more indispensably -an uncommon fertility of soil; and the price which it commands -at market will not enable the planter to produce this by manure. -Was the supply still to depend on Virginia and Maryland alone -as its culture becomes more difficult, the price would rise so as -to enable the planter to surmount those difficulties and to live. -But the western country on the Mississippi, and the midlands of -Georgia, having fresh and fertile lands in abundance, and a hotter -sun, will be able to undersell these two States, and will oblige -them to abandon the raising of tobacco altogether. And a happy -obligation for them it will be. It is a culture productive of -infinite wretchedness. Those employed in it are in a continual -state of exertion beyond the power of nature to support. Little -food of any kind is raised by them; so that the men and animals -on these farms are badly fed, and the earth is rapidly impoverished. -The cultivation of wheat is the reverse in every -circumstance. Besides clothing the earth with herbage, and preserving -its fertility, it feeds the laborers plentifully, requires from -them only a moderate toil, except in the season of harvest, raises -great numbers of animals for food and service, and diffuses plenty -and happiness among the whole. We find it easier to make an -hundred bushels of wheat than a thousand weight of tobacco, -and they are worth more when made. The weavil indeed is a -formidable obstacle to the cultivation of this grain with us. But -principles are already known which must lead to a remedy. -Thus a certain degree of heat, to wit, that of the common air -in summer, is necessary to hatch the eggs. If subterranean granaries, -or others, therefore, can be contrived below that temperature, -the evil will be cured by cold. A degree of heat beyond -that which hatches the egg we know will kill it. But in aiming -at this we easily run into that which produced putrefaction. To -produce putrefaction, however, three agents are requisite, heat, -moisture, and the external air. If the absence of any one of -these be secured, the other two may safely be admitted. Heat is -the one we want. Moisture then, or external air, must be excluded. -The former has been done by exposing the grain in -kilns to the action of fire, which produces heat, and extracts -moisture at the same time; the latter, by putting the grain into -hogsheads, covering it with a coating of lime, and heading it up. -In this situation its bulk produced a heat sufficient to kill the -eggs; the moisture is suffered to remain indeed, but the external -air is excluded. A nicer operation yet has been attempted; that -is, to produce an intermediate temperature of heat between that -which kills the egg, and that which produces putrefaction. The -threshing the grain as soon as it is cut, and laying it in its chaff -in large heaps, has been found very nearly to hit this temperature, -though not perfectly, nor always. The heap generates -heat sufficient to kill most of the eggs, whilst the chaff commonly -restrains it from rising into putrefaction. But all these -methods abridge too much the quantity which the farmer can -manage, and enable other countries to undersell him, which are -not infested with this insect. There is still a desideratum then -to give with us decisive triumph to this branch of agriculture -over that of tobacco. The culture of wheat by enlarging our -pasture, will render the Arabian horse an article of very considerable -profit. Experience has shown that ours is the particular -climate of America where he may be raised without degeneracy. -Southwardly the heat of the sun occasions a deficiency -of pasture, and northwardly the winters are too cold for the short -and fine hair, the particular sensibility and constitution of that -race. Animals transplanted into unfriendly climates, either -change their nature and acquire new senses against the new -difficulties in which they are placed, or they multiply poorly and -become extinct. A good foundation is laid for their propagation -here by our possessing already great numbers of horses of that -blood, and by a decided taste and preference for them established -among the people. Their patience of heat without injury, their -superior wind, fit them better in this and the more southern climates -even for the drudgeries of the plough and wagon. Northwardly -they will become an object only to persons of taste and -fortune, for the saddle and light carriages. To those, and for -these uses, their fleetness and beauty will recommend them. Besides -these there will be other valuable substitutes when the cultivation -of tobacco shall be discontinued such as cotton in the -eastern parts of the State, and hemp and flax in the western. - -It is not easy to say what are the articles either of necessity, -comfort, or luxury, which we cannot raise, and which we therefore -shall be under a necessity of importing from abroad, as everything -hardier than the olive, and as hardy as the fig, may be -raised here in the open air. Sugar, coffee and tea, indeed, are -not between these limits; and habit having placed them among -the necessaries of life with the wealthy part of our citizens, as -long as these habits remain we must go for them to those countries -which are able to furnish them. - -FOOTNOTE: - - [64] This sum is equal to £850,000; Virginia money, 607,142 - guineas. - - -QUERY XXI. - -_The weights, measures and the currency of the hard money? -Some details relating to exchange with Europe?_ - -Our weights and measures are the same which are fixed by -acts of parliament in England. How it has happened that in -this as well as the other American States the nominal value of -coin was made to differ from what it was in the country we had -left, and to differ among ourselves too, I am not able to say with -certainty. I find that in 1631 our house of burgesses desired of -the privy council in England, a coin debased to twenty-five per -cent.; that in 1645 they forbid dealing by barter for tobacco, -and established the Spanish piece of eight at six shillings, as the -standard of their currency; that in 1655 they changed it to five -shillings sterling. In 1680 they sent an address to the king, in -consequence of which, by proclamation in 1683, he fixed the -value of French crowns, rix dollars, and pieces of eight, at six -shillings, and the coin of New England at one shilling. That -in 1710, 1714, 1727, and 1762, other regulations were made, -which will be better presented to the eye stated in the form of a -table as follows: - - -------------------------------------+-----+--------+-------+------- - | 1710| 1714. | 1797. | 1762. - -------------------------------------+-----+--------+-------+------- - | | | | - Guineas | .. |26s. | | - | | | | - British gold coin not milled, gold | | | | - coin of Spain and France, chequins, | | | | - Arabian gold, moidores of Portugal | .. |5s. dwt.| | - | | | | - Coined gold of the empire | .. |5s. dwt.| .. |4s. 3d. - | | | | dwt. - English milled silver money, in | | | | - proportion to the crown, at | .. |5s. 10d.|6s. 3d.| - | | | | - Pieces of eight of Mexico, Seville | | | | - & Pillar, ducatoons of Flanders, | | | | - French ecus, or silver Louis, |3¾d. | .. |4d. | - crusados of Portugal | dwt.| | dwt. | - | | | | - Peru pieces, cross dollars, and old |3½d. | .. |3¾d. | - rix dollars of the empire | dwt.| | dwt. | - | | | | - Old British silver not milled | .. |3¾d. | | - | | dwt. | | - -------------------------------------+-----+--------+-------+------- - -The first symptom of the depreciation of our present paper -money, was that of silver dollars selling at six shillings, which -had before been worth but five shilling and ninepence. The -assembly thereupon raised them by law to six shillings. As the -dollar is now likely to become the money-unit of America, as it -passes at this rate in some of our sister States, and as it facilitates -their computation in pounds and shillings, &c., converso, this -seems to be more convenient than its former denomination. But -as this particular coin now stands higher than any other in the -proportion of one hundred and thirty-three and a half to one -hundred and twenty-five, or sixteen to fifteen, it will be necessary -to raise the others in proportion. - - -QUERY XXII. - -_The public Income and expenses?_ - -The nominal amount of these varying constantly and rapidly, -with the constant and rapid depreciation of our paper money, it -becomes impracticable to say what they are. We find ourselves -cheated in every essay by the depreciation intervening between -the declaration of the tax and its actual receipt. It will therefore -be more satisfactory to consider what our income may be when -we shall find means of collecting what our people may spare. I -should estimate the whole taxable property of this State at an -hundred millions of dollars, or thirty millions of pounds, our -money. One per cent. on this, compared with anything we -ever yet paid, would be deemed a very heavy tax. Yet I think -that those who manage well, and use reasonable economy, could -pay one and a half per cent., and maintain their household comfortably -in the meantime, without aliening any part of their -principal, and that the people would submit to this willingly for -the purpose of supporting their present contest. We may say, -then, that we could raise, from one million to one million and a -half of dollars annually, that is from three hundred to four hundred -and fifty thousand pounds, Virginia money. - -Of our expenses it is equally difficult to give an exact state, -and for the same reason. They are mostly stated in paper -money, which varying continually, the legislature endeavors at -every session, by new corrections, to adapt the nominal sums to -the value it is wished they would bear. I will state them, therefore, -in real coin, at the point at which they endeavor to keep them: - - Dollars. - The annual expenses of the general assembly are about 20,000 - The governor 3,333⅓ - The council of state 10,666⅔ - Their clerks 1,166⅔ - Eleven judges 11,000 - The clerk of the chancery 666⅔ - The attorney general 1,000 - Three auditors and a solicitor 5,333⅓ - Their clerks 2,000 - The treasurer 2,000 - His clerks 2,000 - The keeper of the public jail 1,000 - The public printer 1,666⅔ - Clerks of the inferior courts 43,333⅓ - Public levy; this is chiefly for the expenses of - criminal justice 40,000 - County levy, for bridges, court-houses, prisons, &c. 40,000 - Members of Congress 7,000 - Quota of the federal civil list, supposed one-sixth - of about $78,000 13,000 - Expenses of collecting, six per cent. on the above 12,310 - The clergy receive only voluntary contributions; - suppose them on an average one-eighth of a dollar - a tythe on 200,000 tythes 25,000 - Contingencies, to make round numbers not far from truth 7,523⅓ - --------- - $250,000 - -or 53,571 guineas. This estimate is exclusive of the military -expense. That varies with the force actually employed, and in -time of peace will probably be little or nothing. It is exclusive -also of the public debts, which are growing while I am -writing, and cannot therefore be now fixed. So it is of the -maintenance of the poor, which being merely a matter of charity -cannot be deemed expended in the administration of government. -And if we strike out the $25,000 for the services of the -clergy, which neither makes part of that administration, more -than what is paid to physicians, or lawyers, and being voluntary, -is either much or nothing as every one pleases, it leaves $225,000, -equal to 48,208 guineas, the real cost of the apparatus of -government with us. This divided among the actual inhabitants -of our country, comes to about two-fifths of a dollar, -twenty-one pence sterling, or forty-two sols, the price which -each pays annually for the protection of the residue of his property, -and the other advantages of a free government. The -public revenues of Great Britain divided in like manner on its -inhabitants would be sixteen times greater. Deducting even the -double of the expenses of government, as before estimated, from -the million and a half of dollars which we before supposed might -be annually paid without distress, we may conclude that this -State can contribute one million of dollars annually towards supporting -the federal army, paying the federal debt, building a -federal navy, or opening roads, clearing rivers, forming safe ports, -and other useful works. - -To this estimate of our abilities, let me add a word as to the -application of them. If, when cleared of the present contest, -and of the debts with which that will charge us, we come to -measure force hereafter with any European power. Such events -are devoutly to be deprecated. Young as we are, and with such -a country before us to fill with people and with happiness, we -should point in that direction the whole generative force of nature, -wasting none of it in efforts of mutual destruction. It -should be our endeavor to cultivate the peace and friendship of -every nation, even of that which has injured us most, when we -shall have carried our point against her. Our interest will be to -throw open the doors of commerce, and to knock off all its -shackles, giving perfect freedom to all persons for the vent of -whatever they may chose to bring into our ports, and asking the -same in theirs. Never was so much false arithmetic employed -on any subject, as that which has been employed to persuade nations -that it is their interest to go to war. Were the money -which it has cost to gain, at the close of a long war, a little town, -or a little territory, the right to cut wood here, or to catch fish -there, expended in improving what they already possess, in making -roads, opening rivers, building ports, improving the arts, and -finding employment for their idle poor, it would render them -much stronger, much wealthier and happier. This I hope will -be our wisdom. And, perhaps, to remove as much as possible -the occasions of making war, it might be better for us to abandon -the ocean altogether, that being the element whereon we -shall be principally exposed to jostle with other nations; to leave -to others to bring what we shall want, and to carry what we can -spare. This would make us invulnerable to Europe, by offering -none of our property to their prize, and would turn all our citizens -to the cultivation of the earth; and, I repeat it again, cultivators -of the earth are the most virtuous and independent citizens. -It might be time enough to seek employment for them -at sea, when the land no longer offers it. But the actual habits -of our countrymen attach them to commerce. They will exercise -it for themselves. Wars then must sometimes be our lot; -and all the wise can do, will be to avoid that half of them which -would be produced by our own follies and our own acts of injustice; -and to make for the other half the best preparations we -can. Of what nature should these be? A land army would be -useless for offence, and not the best nor safest instrument of defence. -For either of these purposes, the sea is the field on -which we should meet an European enemy. On that element -it is necessary we should possess some power. To aim at such -a navy as the greater nations of Europe possess, would be a foolish -and wicked waste of the energies of our countrymen. It -would be to pull on our own heads that load of military expense -which makes the European laborer go supperless to bed, and -moistens his bread with the sweat of his brows. It will be -enough if we enable ourselves to prevent insults from those nations -of Europe which are weak on the sea, because circumstances -exist, which render even the stronger ones weak as to -us. Providence has placed their richest and most defenceless -possessions at our door; has obliged their most precious commerce -to pass, as it were, in review before us. To protect this, -or to assail, a small part only of their naval force will ever be -risked across the Atlantic. The dangers to which the elements -expose them here are too well known, and the greater dangers -to which they would be exposed at home were any general calamity -to involve their whole fleet. They can attack us by detachment -only; and it will suffice to make ourselves equal to -what they may detach. Even a smaller force than they may -detach will be rendered equal or superior by the quickness with -which any check may be repaired with us, while losses with -them will be irreparable till too late. A small naval force then -is sufficient for us, and a small one is necessary. What this -should be, I will not undertake to say. I will only say, it should -by no means be so great as we are able to make it. Suppose -the million of dollars, or three hundred thousand pounds, which -Virginia could annually spare without distress, to be applied to -the creating a navy. A single year's contribution would build, -equip, man, and send to sea a force which should carry three -hundred guns. The rest of the confederacy, exerting themselves -in the same proportion, would equip in the same time fifteen -hundred guns more. So that one year's contributions would set -up a navy of eighteen hundred guns. The British ships of the -line average seventy-six guns; their frigates thirty-eight. Eighteen -hundred guns then would form a fleet of thirty ships, eighteen -of which might be of the line, and twelve frigates. Allowing -eight men, the British average, for every gun, their annual -expense, including subsistence, clothing, pay, and ordinary repairs, -would be about $1,280 for every gun, or $2,304,000 for -the whole. I state this only as one year's possible exertion, -without deciding whether more or less than a year's exertion -should be thus applied. - -The value of our lands and slaves, taken conjunctly, doubles -in about twenty years. This arises from the multiplication of -our slaves, from the extension of culture, and increased demand -for lands. The amount of what may be raised will of course -rise in the same proportion. - - -QUERY XXIII. - -_The histories of the State, the memorials published in its name -in the time of its being a colony, and the pamphlets relating -to its interior or exterior affairs present or ancient?_ - -Captain Smith, who next to Sir Walter Raleigh may be considered -as the founder of our colony, has written its history, from -the first adventures to it, till the year 1624. He was a member -of the council, and afterwards president of the colony; and to -his efforts principally may be ascribed its support against the opposition -of the natives. He was honest, sensible, and well informed; -but his style is barbarous and uncouth. His history, -however, is almost the only source from which we derive any -knowledge of the infancy of our State. - -The reverend William Stith, a native of Virginia, and president -of its college, has also written the history of the same -period, in a large octavo volume of small print. He was a man -of classical learning, and very exact, but of no taste in style. -He is inelegant, therefore, and his details often too minute to be -tolerable, even to a native of the country, whose history he -writes. - -Beverley, a native also, has run into the other extreme, he has -comprised our history from the first propositions of Sir Walter -Raleigh to the year 1700, in the hundredth part of the space -which Stith employs for the fourth part of the period. - -Sir Walter Keith has taken it up at its earliest period, and continued -it to the year 1725. He is agreeable enough in style, and -passes over events of little importance. Of course he is short -and would be preferred by a foreigner. - -During the regal government, some contest arose on the exaction -of an illegal fee by governor Dinwiddie, and doubtless there -were others on other occasions not at present recollected. It is -supposed that these are not sufficiently interesting to a foreigner -to merit a detail. - -The petition of the council and burgesses of Virginia to the -king, their memorials to the lords, and remonstrance to the commons -in the year 1764, began the present contest; and these -having proved ineffectual to prevent the passage of the stamp-act, -the resolutions of the house of burgesses of 1765 were passed -declaring the independence of the people of Virginia of the parliament -of Great Britain, in matters of taxation. From that -time till the declaration of independence by Congress in 1776, -their journals are filled with assertions of the public rights. - -The pamphlets published in this State on the controverted -question, were: - - 1766, An Inquiry into the rights of the British Colonies, by - Richard Bland. - - 1769, The Monitor's Letters, by Dr. Arthur Lee. - - 1774, A summary View of the rights of British America.[65] - - 1774, Considerations, &c., by Robert Carter Nicholas. - -Since the declaration of independence this State has had no -controversy with any other, except with that of Pennsylvania, -on their common boundary. Some papers on this subject passed -between the executive and legislative bodies of the two States, -the result of which was a happy accommodation of their rights. - -To this account of our historians, memorials, and pamphlets, -it may not be unuseful to add a chronological catalogue of American -state-papers, as far as I have been able to collect their titles. -It is far from being either complete or correct. Where the title -alone, and not the paper itself, has come under my observation, -I cannot answer for the exactness of the date. Sometimes I -have not been able to find any date at all, and sometimes have -not been satisfied that such a paper exists. An extensive collection -of papers of this description has been for some time in a -course of preparation by a gentleman[66] fully equal to the task, -and from whom, therefore, we may hope ere long to receive it. -In the meantime accept this as the result of my labors, and as -closing the tedious detail which you have so undesignedly drawn -upon yourself. - - - Pro Johanne Caboto et filiis suis super terra 1496, Mar. 5. - incognita investiganda 12. Ry. 595. 3. Hakl. 4. 11. H. 7. - 2. Mem. A. 409. - - Billa signata anno 13. Henrici septimi. 3. 1498, Feb. 3. - Hakluyt's voiages 5. 13. H. 7. - - De potestatibus ad terras incognitas 1502, Dec. 19. - investigandum. 13. Rymer. 37. 18. H. 7. - - Commission de François I. à Jacques Cartier pour 1540, Oct. 17. - l'establissement du Canada. L'Escarbot. 397. 2. - Mem. Am. 416. - - An act against the exaction of money, or any 1548, 2. E. 6. - other thing, by any officer for license to - traffique into Iseland and New-found-land, - made in An. 2. Edwardi sexti. 3. Hakl. 131. - - The letters-patent granted by her Majestie 1578, June 11. - to Sir Humphrey Gilbert, knight, for the 20. El. - inhabiting and planting of our people in - America. 3. Hakl. 135. - - Letters-patent of Queen Elizabeth to Adrian 1583, Feb. 6. - Gilbert and others, to discover the northwest - passage to China. 3. Hakl. 96. - - The letters-patent granted by the Queen's 1584, Mar. 25. - majestie to M. Walter Raleigh, now knight, 26 El. - for the discovering and planting of new lands - and countries, to continue the space of six - years and no more. 3. Hakl. 243. - - An assignment by Sir Walter Raleigh for Mar. 7. - continuing the action of inhabiting and 31. El. - planting his people in Virginia. Hakl. 1st. - ed. publ. in 1589. p. 815. - - Lettres de Lieutenant General de l'Acadie et 1603, Nov. 8. - pays circonvoisins pour le Sieur de Monts. - L'Escarbot. 417. - - Letters-patent to Sir Thomas Gates, Sir George 1606, Apr. 10. - Somers and others of America. Stith. Apend. 4. Jac. 1. - No. 1. - - An ordinance and constitution enlarging the 1607, Mar. 9. - council of the two colonies in Virginia and 4. Jac. 1. - America, and augmenting their authority, M.S. - - - The second charter to the treasurer and 1609, May 23. - company for Virginia, erecting them into a 7. Jac. 1. - body politick. Stith. Ap. 2. - - Letters-patents to the E. of Northampton, 1610, April 10. - granting part of the island of Newfoundland. Jac. 1. - 1. Harris. 861. - - A third charter to the treasurer and company 1611, Mar. 12. - for Virginia. Stith. Ap. 3. 9. Jac. 1. - - A commission to Sir Walter Raleigh. Qu. 1617. Jac. 1. - - Commissio specialis concernens le garbling 1620. Apr. 7. - herbæ Nocotianæ. 17. Rym. 190. 18. Jac. 1. - - A proclamation for restraint of the disordered 1620. June 29. - trading of tobacco. 17. Rym. 233. 18. Jac. 1. - - A grant of New-England to the council of 1620. Nov. 3. - Plymouth. Jac. 1. - - An ordinance and constitution of the treasurer, 1621, July 24. - council and company in England, for a council Jac. 1. - of state and general assembly in Virginia. - Stith. Ap. 4. - - A grant of Nova Scotia to Sir William Alexander. 1621, Sep. 10. - 2. Mem. de l'Amerique. 193. 20 Jac. 1. - - A proclamation prohibiting interloping and 1622, Nov. 6. - disorderly trading to New England in America. 20 Jac. 1. - 17. Rym. 416. - - De commissione speciali Willelmo Jones militi 1623, May 9. - directa. 17. Rym. 490. 21 Jac. 1. - - A grant to Sir Edmund Ployden, of New Albion. 1623. - Mentioned in Smith's examination. 82. - - De commissione Henrico vicecomiti Mandevill 1624, July 15. - et aliis. 17. Rym. 609. 22. Jac. 1. - - De commissione speciali concernenti 1624, Aug. 26. - gubernationem in Virginia. 17. Rym. 618. 22 Jac. 1. - - A proclamation concerning tobacco. 17. Rym. 1624, Sep. 29. - 621. 22 Jac. 1. - - De concessione demiss, Edwardo Ditchfield et 1624, Nov. 9. - aliis. 17. Rym. 633. 22 Jac. 1. - - A proclamation for the utter prohibiting the 1625, Mar. 2. - importation and use of all tobacco which is 22 Jac. 1. - not of the proper growth of the colony of - Virginia and the Somer islands, or one of - them. 17. Rym. 668. - - De commissione directa Georgio Yardeley militi 1625, Mar. 4. - et aliis. 18. Rym. 311. 1 Car. 1. - - Proclamatio de herba Nicotianâ. 18. Rym. 19. 1625, Apr. 9. - 1 Car. 1. - - A proclamation for settlinge the plantation 1625, May 13. - of Virginia. 18. Rym. 72. 1 Car. 1. - - A grant of the soil, barony, and domains of 1625, July 12. - Nova Scotia to Sir Wm. Alexander of Minstrie. - 2. Mem. Am. 226. - - Commissio directa a Johanni Wolstenholme 1626, Jan. 31. - militi et aliis. 18. Rym. 831. 2 Car. 1. - - A proclamation touching tobacco. Rym. 848. 1626, Feb. 17. - 2 Car. 1. - - A grant of Massachusetts bay by the council of 1627, Mar. 19. - Plymouth to Sir Henry Roswell and others. qu? 2 Car. 1. - - De concessione commissionis specialis 1627, Mar. 26. - proconcilio in Virginia. 18. Rym. 980. 3 Car. 1. - - De proclamatione de signatione de tobacco. 1627, Mar. 30. - 18. Rym. 886. 3 Car. 1. - - De proclamatione pro ordinatione de tobacco. 1627, Aug. 9. - 18. Rym. 920. 3 Car. 1. - - A confirmation of the grant of Massachusetts 1628, Mar. 4. - bay by the crown. 3 Car. 1. - - The capitulation of Quebec. Champlain pert. 1629, Aug. 19. - 2. 216. 2. Mem. Am. 489. - - A proclamation concerning tobacco. 19. Rym. 1630, Jan. 6. - 235. 5 Car. 1. - - Conveyance of Nova Scotia (Port-royal excepted) 1630, April 30. - by Sir William Alexander to Sir Claude St. - Etienne Lord of la Tour and of Uarre and to - his son Sir Charles de St. Etienne Lord of St. - Denniscourt, on condition that they continue - subjects to the king of Scotland under the - great seal of Scotland. - - A proclamation forbidding the disorderly 1630-31, Nov. - trading with the savages in New England 24. 6 Car. 1. - in America, especially the furnishing the - natives in those and other parts of America - by the English with weapons and habiliments - of warre. 19. Ry. 210. 3. Rushw. 82. - - A proclamation prohibiting the selling arms, 1630, Dec. 5. - &c. to the savages in America. Mentioned 3. 6 Car. 1. - Rushw. 75. - - A grant of Connecticut by the council of 1630, Car. 1. - Plymouth to the E. of Warwick. - - A confirmation by the crown of the grant 1630, Car. 1. - of Connecticut [said to be in the petty-bag - office in England.] - - A conveiance of Connecticut by the E. of 1631, Mar. 19. - Warwick to Lord Say, and Seal, and others. 6 Car. 1. - Smith's examination, Appendix No. 1. - - A special commission to Edward, Earle of 1631, June 27. - Dorsett, and others, for the better plantation 7 Car. 1. - of the colony of Virginia. 19. Ry. 301. - - Litere continentes promissionem regis ad 1632, June 29. - tradenum castrum et habitationem de Kebec in 7 Car. 1. - Canada ad regem Francorum. 19. Ry. 303. - - Traité entre le roy Louis XIII. et Charles 1632, Mar. 29. - roi d'Angleterre pour la restitution de la 8 Car. 1. - nouvelle France, la Cadie et Canada et des - navires et merchandises pris de part et - d'autre. Fait a St. Germain. 19. Ry. 361. 2. - Mem. Am. 5. - - A grant of Maryland to Cæcilius Calvert, 1632, June 20. - baron of Baltimore in Ireland. 8 Car. 1. - - A petition of the planters of Virginia against 1633, July 3. - the grant to lord Baltimore. 9 Car. 1. - - Order of council upon the dispute between the 1633, July 3. - Virginia planters and lord Baltimore, Votes - of repres. Pennsylvania. V. - - A proclamation to prevent abuses growing by 1633, Aug. 13. - the unordered retailing of tobacco. Mentioned 9 Car. 1. - 3. Rushw. 191. - - A special commission to Thomas Young to search, 1633, Sept. 23. - discover and find out what ports are not yet 9 Car. 1. - inhabited in Virginia and America and other - parts thereunto adjoining. 19. Ry. 472. - - A proclamation for preventing of the abuses 1633, Oct. 13. - growing by the unordered retailing of tobacco. 9 Car. 1. - 19. Ry. 474. - - A proclamation restraining the abusive venting 1633. Mar. 13. - of tobacco. 19. Rym. 522. Car. 1. - - A proclamation concerning the landing of 1634, May 19. - tobacco, and also forbidding the planting 10 Car. 1. - thereof in the king's dominions. 19. Ry. 553. - - A commission to the Archbishop of Canterbury 1634, Car. 1. - and 11 others, for governing the American - colonies. - - A commission concerning tobacco. M.S. 1634, June 19. - 10 Car. 1. - - A commission from Lord Say, and Seal, and 1635, July 18. - others, to John Winthrop to be governor of 11 Car. 1. - Connecticut. Smith's App. - - A grant to Duke Hamilton. 1635, Car. 1. - - De commissione speciali Johanni Harvey militi 1636, Apr. 2. - to pro meliori regemine coloniae in Virginia. 12 Car. 1. - 20. Ry. 3. - - A proclamation concerning tobacco. Title in 1637, Mar. 14. - 3. Rush. 617. Car. 1. - - De commissione speciali Georgio domino Goring 1636-7, Mar. - et aliis concessâ concernente venditionem de 16. 12 Car. 1. - tobacco absque licentiâ regiâ. 20. Ry. 116. - - A proclamation against disorderly transporting 1637, Apr. 30. - his Majesty's subjects to the plantations 13 Car. 1. - within the parts of America. 20. Ry. 143. 3. - Rush. 409. - - An order of the privy council to stay 8 ships 1637, May 1. - now in the Thames from going to New England. 13 Car. 1. - 3. Rush. 409. - - A warrant of the Lord Admiral to stop 1637, Car. 1. - unconformable ministers from going beyond - the sea. 3. Rush. 410. - - Order of council upon Claiborne's 1638, Apr. 4. - petition against Lord Baltimore. Votes of Car. 1. - representatives of Pennsylvania, vi. - - An order of the king and council that the 1638, Apr. 6. - attorney general draw up a proclamation to 14 Car. 1. - prohibit transportation of passengers to New - England without license. 3. Rush. 718. - - A proclamation to restrain the transporting 1638, May 1. - of passengers and provisions to New England 14 Car. 1. - without license. 20. Ry. 223. - - A proclamation concerning tobacco. Title 4. 1639, Mar. 25. - Rush. 1060. Car. 1. - - A proclamation declaring his majesty's pleasure 1639, Aug. 19. - to continue his commission and letters patents 15 Car. 1. - for licensing retailers of tobacco. 20. Ry. - 348. - - De commissione speciali Henrico Ashton 1639, Dec. 16. - armigero ét aliis ad amovendum Henricum Hawley 15 Car. 1. - gubernatorem de Barbadoes. 20. Rym. 357. - - A proclamation concerning retailers of tobacco. 1639, Car. 1. - 4. Rush. 966. - - De constitutione gubernatoris et concilii 1641, Aug. 9. - pro Virginia. 20. Ry. 484. 17 Car. 1. - - Articles of union and confederacy entered 1643, Car. 1. - into by Massachusetts, Plymouth, Connecticut - and New-haven. 1. Neale. 223. - - Deed from George Fenwick to the old Connecticut 1644, Car. 1. - jurisdiction. - - An ordinance of the lords and commons assembled - in parliament, for exempting from custom and - imposition all commodities exported for, or - imported from New England, which has been - very prosperous and without any public charge - to this State, and is likely to prove very - happy for the propagation of the gospel in - those parts. Tit. in Amer, library 90. 5. No - date. But seems by the neighbouring articles - to have been in 1644. - - An act for charging of tobacco brought from 1644, June 20. - New England with custom and excise. Title in Car. 2. - American library. 99. 8. - - An act for the advancing and regulating the 1644, Aug. 1. - trade of this commonwealth. Tit. in Amer. Car. 2. - libr. 99. 9. - - Grant of the Northern neck of Virginia to Sep. 18. - Lord Hopton, Lord Jermyn, Lord Culpepper, 1 Car. 2. - Sir John Berkley, Sir William Moreton, Sir - Dudley Wyatt, and Thomas Culpepper. - - An act prohibiting trade with the Barbadoes, 1650, Oct. 3. - Virginia, Bermudas and Antego Scobell's Acts. 2 Car. 2. - 1027. - - A declaration of Lord Willoughby, governor 1650, Car. 2. - of Barbadoes, and of his council, against an - act of parliament of 3d of October, 1650. 4. - Polit. register. 2. cited from 4 Neal. hist. - of the Puritans. App. No. 12 but not there. - - A final settlement of boundaries between the 1650, Car. 2. - Dutch New Netherlands and Connecticut. - - Instructions for Captain Robert Dennis, Mr. 1651, Sept. 26. - Richard Bennet, Mr. Thomas Stagge, and Captain 3 Car. 2. - William Claibourn, appointed commissioners for - the reducing of Virginia and the inhabitants - thereof to their due obedience to the - commonwealth of England. 1 Thurloe's state - papers, 197. - - An act for increase of shipping and 1651, Oct. 9. - encouragement of the navigation of this 8 Car. 2. - nation. Scobell's acts, 1449. - - Articles agreed on and concluded at James citie 1651-2, Mar. - in Virginia for the surrendering and settling 12. 4 Car. 2. - of that plantation under the obedience and - government of the commonwealth of England, by - the commissioners of the council of state, - by authoritie of the parliament of England, - and by the grand assembly of the governor, - council, and burgesse of that state. M.S. - [Ante. p. 206.] - - An act of indempnitie made at the surrender 1651, Mar. - of the country [of Virginia.] [Ante p. 206.] 12. 4 Car. 1. - - Capitulation de Port Royal. Mem. Am. 507. 1654, Aug. 16. - - A proclamation of the protector relating to 1655, Car. 2. - Jamaica. 3 Thurl. 75. - - The protector to the commissioners of Maryland. 1655, Sep. 26. - A letter. 4 Thurl. 55. 7 Car. 2. - - An instrument made at the council of Jamaica, 1655, Oct. 8. - Oct. 8, 1655, for the better carrying on of 7 Car. 2. - affairs there. 4 Thurl. 17. - - Treaty of Westminster between France and 1655, Nov. 3. - England. 6. corps diplom. part 2. p. 121. 2 - Mem. Am. 10. - - The assembly at Barbadoes to the protector. 1656, Mar. 27. - 4 Thurl. 651. 8 Car. 2. - - A grant by Cromwell to Sir Charles de Saint 1656, Aug. 9. - Etienne, a baron of Scotland, Crowne and - Temple. A French translation of it. 2 Mem. - Am. 511. - - A paper concerning the advancement of trade, 1656, Car. 2. - 5 Thurl. 80. - - A brief narration of the English rights to 1656, Car. 2. - the Northern parts of America. 5 Thurl. 81. - - Mr. R. Bennet and Mr. S. Matthew to Secretary 1656, Oct. 12. - Thurlow. 5 Thurl. 482. 8 Car. 2. - - Objections against the Lord Baltimore's patent, 1656, Oct. 10. - and reasons why the government of Maryland 8 Car. 2. - should not be put into his hands. 5 Thurl. 482. - - A paper relating to Maryland. 5 Thurl. 483. 1656, Oct. 10. - 8 Car. 2. - - A breviet of the proceedings of the lord 1656, Oct. 10. - Baltimore and his officers and compliers 8 Car. 2. - in Maryland, against the authority of the - parliament of the commonwealth of England - and against his highness the lord protector's - authority, laws and government 5 Thurl. 486. - - The assembly of Virginia to secretary Thurlow. 1656, Oct. 15. - 5 Thurl. 497. 8 Car. 2. - - The governor of Barbadoes to the protector. 1657, Apr. 4. - 6 Thurl. 69. 9 Car. 2. - - Petition of the general court at Hartford 1661, Car. 2. - upon Connecticut for charter. Smith's exam. - App. 4. - - Charter of the colony of Connecticut. Smith's 1662, Apr. 23. - exam. App. 6. 14 Car. 2. - - The first charter granted by Charles II. to 1662-2, Mar. 24. - the proprietaries of Carolina, to wit, to Apr. 4. 15 C. 2. - the Earl of Clarendon, Duke of Albemarle, - Lord Craven, Lord Berkeley, Lord Ashley, Sir - George Carteret, Sir William Berkeley, and - Sir John Colleton. 4 Mem. Am. 554. - - The concessions and agreement of the lords 1664, Feb. 10. - proprietors of the province of New Cæsarea, - or New Jersey, to and with all and every of - the adventurers and all such as shall settle - or plant there. Smith's New Jersey. App. 1. - - A grant of the colony of New York to the Duke 1664. Mar. 12. - of York. 20 Car. 2. - - A commission to Colonel Nichols and others 1664, Apr. 26. - to settle disputes in New England. Hutch. 16 Car. 2. - Hist. Mass. Bay, App. 537. - - The commission to Sir Robert Carre and others 1664, Apr. 26. - to put the Duke of York in possession of - New York, New Jersey, and all other lands - thereunto appertaining. - - Sir Robert Carre and others proclamation to - the inhabitants of New York, New Jersey, &c. - Smith's N. J. 36. - - Deeds of lease and release of New Jersey by 1664, June 23. - the Duke of York to Lord Berkeley and Sir 24. 16 Car. 2. - George Carteret. - - A conveiance of the Delaware counties to - William Penn. - - Letters between Stuyvesant and Colonel Nichols 1664, Aug. - on the English right. Smith's N. J. 37-42. 19-29, 20-30, - 24. - Aug. 25. - Sept. 4. - - Treaty between the English and Dutch for the 1664, Aug. 27. - surrender of the New Netherlands. Sm. N. J. - 42. - - Nicoll's commission to Sir Robert Carre to Sept. 3. - reduce the Dutch on Delaware bay. Sm. N. J. - 47. - - Instructions to Sir Robert Carre for reducing - of Delaware bay and settling the people there - under his majesty's obedience. Sm. N. J. 47. - - Articles of capitulation between Sir Robert 1664, Oct. 1. - Carre and the Dutch and Swedes on Delaware - bay and Delaware river. Sm. N. J. 49. - - The determination of the commissioners of 1664, Dec. 1. - the boundary between the Duke of York and 16 Car. 2. - Connecticut. Sm. Ex. Ap. 9. - - The New Haven case. Smith's Ex. Ap. 20. 1664. - - The second charter granted by Charles II. 1665, June 13. - to the same proprietors of Carolina. 4. Mem. 24. 17 Car. 2. - Am. 586. - - Declaration de guerre par la France contre 1666, Jan. 26. - l'Angleterre. 3 Mem. Am. 123. - - Declaration of war by the king of England 1666, Feb. 9. - against the king of France. 17 Car. 2. - - The treaty of peace between France and England 1667, July 31. - made at Breda. 7 Corps, Dipl. part 1. p. 51 - 2. Mem. Am. 32. - - The treaty of peace and alliance between 1667, July 31. - England and the United Provinces made at - Breda. 7. Cor. Dip. p. 1. d. 44. 2. Mem. Am. - 40. - - Acte de la cession de l'Acadie au roi de 1667-8, Feb. - France. 2. Mem. Am. 40. 17. - - Directions from the governor and council 1668, April 21. - of New York for a better settlement of the - government on Delaware. Sm. N. J. 51. - - Lovelace's order for customs at the Hoarkills. 1668. - Sm. N. J. 55. - - A confirmation of the grant of the northern 16-- May 8. - neck of Virginia to the Earl of St. Albans, 21 Car. 2. - Lord Berkeley, Sir William Moreton and John - Tretheway. - - Incorporation of the town of Newcastle or 1672. - Amstell. - - A demise of the colony of Virginia to the 1673, Feb. 25. - Earl of Arlington and Lord Culpepper for 31 25 Car. 2. - years. M.S. - - Treaty at London between king Charles II. 1673-4. - and the Dutch. Article VI. - - Remonstrance against the two grants of Charles - II. of Northern and Southern Virginia. Mentd. - Beverley 65. - - Sir George Carteret's instructions to Governor 1674, July 13. - Carteret. - - Governor Andros's proclamation on taking 1674, Nov. 9. - possession of Newcastle for the Duke of York. - Sm. N. J. 78. - - A proclamation for prohibiting the importation 1675, Oct. 1. - of commodities of Europe into any of his 27 Car. 2. - majesty's plantations in Africa, Asia, or - America, which were not laden in England; - and for putting all other laws relating to - the trade of the plantations in effectual - execution. - - The concessions and agreements of the 1676 Mar. 3. - proprietors, freeholders and inhabitants of - the province of West New Jersey in America. - Sm. N. J. App. 2. - - A deed quintipartite for the division of New 1676, July 1. - Jersey. - - Letter from the proprietors of New Jersey to 1676, Aug. 18. - Richard Hartshorne. Sm. N. J. 80. - - Proprietors instructions to James Wasse and - Richard Hartshorne. Sm. N. J. 83. - - The charter of king Charles II. to his subjects 1676, Oct. 10. - of Virginia. M.S. 28 Car. 2. - - Cautionary epistle from the trustees of 1676. - Byllinge's part of New Jersey. Sm. N. J. 84. - - Indian deed for the lands between Rankokas 1677, Sept. 10. - creek and Timber creek, in New Jersey. - - Indian deed for lands from Oldman's creek to 1677, Sept. 27. - Timber creek, in New Jersey. - - Indian deed for the lands from Rankokos creek 1677, Oct. 10. - to Assunpink creek, in New Jersey. - - The will of Sir George Carteret, sole 1678, Dec. 5. - proprietor of East Jersey ordering the same - to be sold. - - An order of the king in council for the 1680, Feb. 16. - better encouragement of all his majesty's - subjects in their trade to his majesty's - plantations, and for the better information - of all his majesty's loving subjects in these - matters--Lond. Gaz. No. 1596. Title in Amer. - library. 134. 6. - - Arguments against the customs demanded in 1680. - New West Jersey by the governor of New York, - addressed to the Duke's commissioners. Sm. - N. J. 117. - - Extracts of proceedings of the committee of 1680, June 14. - trade and plantations; copies of letters, 23. 25. Oct. 16. - reports, &c., between the board of trade, Mr. Nov. 4. 8. 11. - Penn, Lord Baltimore and Sir John Werden, 18. 20. 23. - in the behalf of the Duke of York and the Dec. 16. - settlement of the Pennsylvania boundaries by 1680-1, Jan. 15. - the L. C. J. North. Votes of Repr. Pennsyl. 22. Feb. 24. - vii.-xiii. - - A grant of Pennsylvania to William Penn. 1681, Mar. 4. - Votes of Represen. Pennsyl. xviii. Car. 2. - - The king's declaration to the inhabitants 1681, Apr. 2. - and planters of the province of Pennsylvania. - Vo. Repr. Penn. xxiv. - - Certain conditions or concessions agreed upon 1681, July 11. - by William Penn, proprietary and governor of - Pennsylvania, and those who are the adventurers - and purchasers in the same province. Votes - of Rep. Pennsyl. xxiv. - - Fundamental laws of the province of West New 1681, Nov. 9. - Jersey. Sm. N. J. 126. - - The methods of the commissioners for settling 1681-2, Jan. 14. - and regulation of lands in New Jersey. Sm. - N. J. 130. - - Indentures of lease and release by the 1681-2, F. 1. 2. - executors of Sir George Carteret to William - Penn and 11 others, conveying East Jersey. - - The Duke of York's fresh grant of East New 1682, Mar. 14. - Jersey to the 24 proprietors. - - The frame of the government of the province 1682, Apr. 25. - of Pennsylvania, in America. Votes of Repr. - Penn. xxvii. - - The Duke of York's deed for Pennsylvania. 1682, Aug. 21. - Vo. Repr. Penn. xxxv. - - The Duke of York's deed for the feoffment of 1682, Aug. 24. - Newcastle and twelve miles circle to William - Penn. Vo. Repr. Penn. - - The Duke of York's deed of feoffment of a 1682, Aug. 24. - tract of land 12 miles south from Newcastle - to the Whorekills, to William Penn. Vo. Repr. - Penn, xxxvii. - - A commission to Thomas Lord Culpepper to be 1682, Nov. 27. - lieutenant and governor-general of Virginia. 34 Car. 2. - M.S. - - An act of union for annexing and uniting 1682, 10th mon. - of the counties of Newcastle, Jones's and 6th day. - Whorekill's, alias Deal, to the province - of Pennsylvania, and of naturalization of - all foreigners in the province and counties - aforesaid. - - An act of settlement. 1682, Dec. 6. - - The frame of the government of the province 1683, Apr. 2. - of Pennsylvania and territories thereunto - annexed in America. - - Proceedings of the committee of trade 1683, Apr. 17. 27. - and Plantations in the dispute May 30. - between Lord Baltimore and Mr. Penn. June 12. - Vo. R. P. xiii-xviii. - 1684, Feb. 12. - July 2. 16. 23. - Sept. 30. - Dec. 9. - - 1685, Mar. 17. - Aug. 18. 26. - Sept. 2. - Oct. 8. 17. 31. - Nov. 7. - - - A commission by the proprietors of East New 1683, July 17. - Jersey to Robert Barclay to be governor. Sm. - N. J. 166. - - An order of council for issuing a quo warranto 1683, July 26. - against the charter of the colony of the 35 Car. 2. - Massachusetts bay in New England, with his - majesty's declaration that in case the said - corporation of Massachusetts bay shall before - prosecution had upon the same quo warranto - make a full submission and entire resignation - to his royal pleasure, he will then regulate - their charter in such a manner as shall be - for his service and the good of that colony. - Title in American library. 139, 6. - - - A commission to Lord Howard of Effingham to be 1683, Sept. 28. - lieutenant and governor general of Virginia. 35 Car. 2. - M.S. - - The humble address of the chief governor, 1684, May 3. - council and representatives of the island - of Nevis, in the West Indies, presented to - his majesty by Colonel Netheway and Captain - Jefferson, at Windsor, May 3, 1684. Title in - Amer. libr. 142. 3. cites Lond. Gaz. No. 1927. - - A treaty with the Indians at Albany. 1684, Aug. 2. - - A treaty of neutrality for America between 1686, Nov. 16. - France and England. 7 Corps Dipl. part 2, p. - 44. 2. Mem. Am. 40. - - By the king, a proclamation for the more 1687, Jan. 20. - effectual reducing and suppressing of pirates - and privateers in America, as well on the sea - as on the land in great numbers, committing - frequent robberies and piracies, which hath - occasioned a great prejudice and obstruction - to trade and commerce, and given a great - scandal and disturbance to our government in - those parts. Title Amer. libr. 147. 2. cites - Lond. Gaz. No. 2315. - - Constitution of the council of proprietors 1687, Feb. 12. - of West Jersey. Smith's N. Jersey. 199. - - A confirmation of the grant of the Northern 1687, qu. Sept. - neck of Virginia to Lord Culpepper. 27. 4. Jac. 2. - - Governor Coxe's declaration to the council 1687, Sept. 5. - of proprietors of West Jersey. Sm. N. J. 190. - - Provisional treaty of Whitehall concerning 1687, Dec. 16. - America between France and England. 2 Mem. - de l'Am. 89. - - Governor Coxe's narrative relating to the 1687. - division line, directed to the council of - proprietors of West Jersey. Sm. App. No. 4. - - The representation of the council of 1687. - proprietors of West Jersey to Governor Burnet. - Smith. App. No. 5. - - The remonstrance and petition of the - inhabitants of East New Jersey to the king. - Sm. App. No. 8. - - The memorial of the proprietors of East New - Jersey to the Lords of trade. Sm. App. No. 9. - - Agreement of the line of partition between 1778, Sept. 5. - East and West New Jersey. Smith's N. J. 196. - - Conveyance of the government of West Jersey 1691. - and territories, by Dr. Coxe, to the West - Jersey society. - - A charter granted by King William and Queen 1691, Oct. 7. - Mary to the inhabitants of the province of - Massachusetts bay, in New England. 2 Mem. de - l'Am. 593. - - The frame of government of the province of 1696, Nov. 7. - Pennsylvania and the territories thereunto - belonging, passed by Gov. Markham. Nov. 7, - 1696. - - The treaty of peace between France and England, 1697, Sept. 20. - made at Ryswick. 7 Corps Dipl. part 2. p. - 399. 2 Mem. Am. 89. - - The opinion and answer of the Lords of trade 1699, July 5. - to the memorial of the proprietors of East - N. Jersey. Sm. App. No. 10. - - The memorial of the proprietors of East New 1700, Jan. 15. - Jersey to the Lords of trade. Sm. App. No. 11. - - The petition of the proprietors of East and - West New Jersey to the Lords justices of - England. Sm. App. No. 12. - - A confirmation of the boundary between the 1700, W. 3. - colonies of New York and Connecticut, by the - crown. - - The memorial of the proprietors of East and 1701, Aug. 12. - West New Jersey to the king. Sm. App. No. 14. - - Representation of the Lords of trade to the 1701, Oct. 2. - Lords justices. Sm. App. No. 18. - - A treaty with the Indians. 1701. - - Report of Lords of trade to King William, 1701-2, Jan. 6. - of draughts of a commission and instructions - for a governor of N. Jersey. Sm. N. J. 262. - - Surrender from the proprietors of E. and 1702, Apr. 15. - W. N. Jersey, of their pretended right of - government to her majesty Queen Anne. Sm. N. - J. 211. - - The Queen's acceptance of the surrender of 1702, Apr. 17. - government of East and West Jersey. Sm. N. - J. 219. - - Instructions to lord Cornbury. Sm. N. J. 230. 1702, Nov. 6. - - A commission from Queen Anne to Lord Cornbury, 1702, Dec. 5. - to be captain general and governor in chief - of New Jersey. Sm. N. J. 220. - - Recognition by the council of proprietors of 1703, June 27. - the true boundary of the deeds of Sept. 10, - and Oct. 10, 1677, (New Jersey.) Sm. N. J. 96. - - Indian deeds for the lands above the falls 1703. - of the Delaware in West Jersey. - - Indian deed for the lands at the head of - Rankokus river, in West Jersey. - - A proclamation by Queen Anne, for settling 1704, June 18. - and ascertaining the current rates of foreign - coins in America. Sm. N. J. 281. - - Additional instructions to Lord Cornbury. 1705, May 3. - Sm. N. S. 235. - - Additional instructions to Lord Cornbury. 1707, May 3. - Sm. N. J. 258. - - Additional instructions to Lord Cornbury. 1707, Nov. 20. - Sm. N. J. 259. - - An answer by the council of proprietors for the 1707. - western division of N. Jersey, to questions - proposed to them by Lord Cornbury. Sm. N. J. - 285. - - Instructions to Colonel Vetch in his 1708-9, Feb. 28. - negotiations with the governors of America. - Sm. N. J. 364. - - Instructions to the governor of New Jersey 1708-9, Feb. 28. - and New York. Sm. J. 361. - - Earl of Dartmouth's letter to governor Hunter. 1710, Aug. - - Premiers propositions de la France. 6. 1711, Apr. 22. - Lamberty, 669, 2 Mem. Am. 341. - - Réponses de la France aux demandes 1711, Oct. 8. - préliminaries de la Grande Bretagne. 6 Lamb. - 681. 2 Mem. Amer. 344. - - Demandes préliminaries plus particulieres Sept. 27. - de la Grande-Bretagne, avec les réponses. 2 1711, --------- - Mem. de l'Am. 346. Oct. 8. - - L'acceptation de la part de la Grande-Bretagne. Sept. 27. - 2 Mem. Am. 356. 1711, --------- - Oct. 8. - - The Queen's instructions to the Bishop 1711, Dec. 23. - of Bristol and Earl of Stafford, her - plenipotentiaries, to treat for a general - peace. 6 Lamberty, 744. 2. Mem. Am. 358. - - A memorial of Mr. St. John to the Marquis May 24. - de Torci, with regard to North America, to 1712, -------- - commerce, and to the suspension of arms. 7. June 10. - Recueil de Lamberty 161, 2 Mem. de l'Amer. 376. - - Réponse du roi de France au memoire de Londres. 1712, June 10. - 7. Lamberty, p. 163. 2. Mem. Am. 380. - - Traité pour une suspension d'armes entre 1712, Aug. 19. - Louis XIV. roi de France, and Anne, reign de - la Grande-Bretagne, fait à Paris. 8. Corps - Diplom. part 1. p. 308. 2. Mem. d'Am. 104. - - Offers of France to England, demands of 1712, Sept. 10. - England, and the answers of France. 7. Rec. - de Lamb. 461. 2 Mem. Am. 390. - - Traité de paix et d'amitié entre Louis Mar. 31. - XIV. roi de France, et Anne, reine de la 1713, -------- - Grande-Bretagne, fait à Utrecht. 15 Corps Apr. 11. - Diplomatique de Dumont, 339. id. Latin. 2 - Actes et memoires de la pais d'Utrecht, 457. - id. Lat. Fr. 2. Mem. Am. 113. - - Traité de navigation et de commerce entre Mar. 31. - Louis XIV. roi de France, et Anne, reine de 1713, --------- - la Grande-Bretagne. Fait à Utrecht. 8 Corps April 11. - Dipl. part 1. p. 345. 2 Mem. de l'Am. 137. - - A treaty with the Indians. 1726. - - The petition of the representatives of the 1728. Jan. - province of New Jersey, to have a distinct - governor. Sm. N. J. 421. - - Deed of release by the government of 1732, G. 2. - Connecticut to that of New York. - - The charter granted by George II. for Georgia. 1732, June 9. - 4. Mem. de l'Am. 617. 20. 5 Geo. 2. - - Petition of Lord Fairfax, that a commission 1733. - might issue for running and marking the - dividing line between his district and the - province of Virginia. - - Order of the king in council for commissioners 1733, Nov. 29. - to survey and settle the said dividing line - between the proprietary and royal territory. - - Report of the Lords of trade relating to the 1736, Aug. 5. - separating the government of the province of - New Jersey from New York. Sm. N. J. 423. - - Survey and report of the commissioners 1737, Aug. 10. - appointed on the part of the crown to settle - the line between the crown and Lord Fairfax. - - Survey and report of the commissioners 1737, Aug. 11. - appointed on the part of Lord Fairfax to - settle the line between the crown and him. - - Order of reference of the surveys between 1738, Dec. 21. - the crown and Lord Fairfax to the council - for plantation affairs. - - Treaty with the Indians of the six nations 1744, June. - at Lancaster. - - Report of the council for plantation affairs, 1745, Apr. 6. - fixing the head springs of Rappahanoc and - Potomac, and a commission to extend the line. - - Order of the king in council confirming the 1745, Apr. 11. - said report of the council for plantation - affairs. - - Articles préliminaries pour parvenir à la 1748, Apr. 30. - paix, signés à Aix-la-Chapelle entre les - ministres de France, de la Grande-Bretagne, - et des Provinces-Unies des Pays-Bas. 2 Mem. - de l'Am. 159. - - Declaration des ministres de France, de la 1748, May 21. - Grande-Bretagne, et des Provinces-Unies des - Pays-Bas, pour rectifier les articles I. et - II. des préliminaries. 2. Mem. Am. 165. - - The general and definitive treaty of peace 1748, Oct. 7-18. - concluded at Aix-la-Chapelle. Lon. Mag. 1748. 22. G. 2. - 503. French 2. Mem. Am. 169. - - A treaty with the Indians. 1754. - - A conference between governor Bernard and 1758, Aug. 7. - Indian nations at Burlington. Sm. N. J. 449. - - A conference between governor Denny, governor 1758, Oct. 8. - Bernard, and others, and Indian nations at - Easton. Sm. N. J. 455. - - The capitulation of Niagara. 1759, July 25. - 33. G. 2. - - The king's proclamation promising lands to 175--. - soldiers. - - The definitive treaty concluded at Paris. 1763, Feb. 10. - Lon. Mag. 1763. 149. 3. G. 3. - - A proclamation for regulating the cessions 1763, Oct. 7. - made by the last treaty of peace. Guth. Geogr. G. 3. - Gram. 623. - - The king's proclamation against settling 1763. - on any lands on the waters westward of the - Alleghany. - - Deed from the six nations of Indians to 1768, Nov. 3. - William Trent, and others, for lands betwixt - the Ohio and Monongahela. View of the title - to Indiana. Phil. Steiner and Cist. 1776. - - Deed from the six nations of Indians to 1768, Nov. 5. - the crown for certain lands and settling a - boundary. M.S. - -FOOTNOTES: - - [65] By the author of these notes. - - [66] Mr. Hazard. - - -APPENDIX. - -The preceding sheets have been submitted to my friend Mr. -Charles Thompson, Secretary of Congress; he has furnished me -with the following observations, which have too much merit not -to be communicated: - -(A.) p. 262. Besides the three channels of communication -mentioned between the western waters and the Atlantic, there -are two others to which the Pennsylvanians are turning their attention; -one from Presque Isle, on Lake Erie, to Le Bœuf, down -the Alleghany to Kiskiminitas, then up the Kiskiminitas, and -from thence, by a small portage, to Juniata, which falls into the -Susquehanna; the other from Lake Ontario to the East Branch -of the Delaware, and down that to Philadelphia. Both these are -said to be very practicable; and, considering the enterprising -temper of the Pennsylvanians, and particularly of the merchants -of Philadelphia, whose object is concentred in promoting the -commerce and trade of one city, it is not improbable but one or -both of these communications will be opened and improved. - -(B.) p. 265. The reflections I was led into on viewing this -passage of the Potomac through the Blue Ridge were, that this -country must have suffered some violent convulsion, and that -the face of it must have been changed from what it probably -was some centuries ago; that the broken and ragged faces of the -mountain on each side the river; the tremendous rocks, which -are left with one end fixed in the precipice, and the other jutting -out, and seemingly ready to fall for want of support, the bed of -the river for several miles below obstructed, and filled with the -loose stones carried from this mound; in short, everything on -which you cast your eye evidently demonstrates a disrupture and -breach in the mountain, and that, before this happened, what is -now a fruitful vale, was formerly a great lake or collection of -water, which possibly might have here formed a mighty cascade, -or had its vent to the ocean by the Susquehanna, where -the Blue Ridge seems to terminate. Besides this, there are other -parts of this country which bear evident traces of a like convulsion. -From the best accounts I have been able to obtain, the -place where the Delaware now flows through the Kittatinney -mountain, which is a continuation of what is called the North -Ridge, or mountain, was not its original course, but that it passed -through what is now called "the Wind-gap," a place several -miles to the westward, and about a hundred feet higher than -the present bed of the river. This Wind-gap is about a mile -broad, and the stones in it such as seem to have been washed -for ages by water running over them. Should this have been -the case, there must have been a large lake behind that mountain, -and by some uncommon swell in the waters, or by some -convulsion of nature, the river must have opened its way through -a different part of the mountain, and meeting there with less obstruction, -carried away with it the opposing mounds of earth, -and deluged the country below with the immense collection of -waters to which this new passage gave vent. There are still -remaining, and daily discovered, innumerable instances of such -a deluge on both sides of the river, after it passed the hills above -the falls of Trenton, and reached the Champaign. On the New -Jersey side, which is flatter than the Pennsylvania side, all the -country below Croswick hills seems to have been overflowed to -the distance of from ten to fifteen miles back from the river, and -to have acquired a new soil by the earth and clay brought down -and mixed with the native sand. The spot on which Philadelphia -stands evidently appears to be made ground. The different -strata through which they pass in digging to water, the -acorns, leaves, and sometimes branches, which are found above -twenty feet below the surface, all seem to demonstrate this. I -am informed that at Yorktown in Virginia, in the bank of York -river, there are different strata of shells and earth, one above another, -which seem to point out that the country there has undergone -several changes; that the sea has, for a succession of ages, -occupied the place where dry land now appears; and that the -ground has been suddenly raised at various periods. What a -change would it make in the country below, should the mountains -at Niagara, by any accident, be cleft asunder, and a passage -suddenly opened to drain off the waters of Erie and the -upper lakes! While ruminating on these subjects, I have often -been hurried away by fancy, and led to imagine, that what is -now the bay of Mexico, was once a champaign country; and -that from the point or cape of Florida, there was a continued -range of mountains through Cuba, Hispaniola, Porto Rico, Martinique, -Guadaloupe, Barbadoes, and Trinidad, till it reached the -coast of America, and formed the shores which bounded the -ocean, and guarded the country behind; that by some convulsion -or shock of nature, the sea had broken through these -mounds, and deluged that vast plain, till it reached the foot of -the Andes; that being there heaped up by the trade winds, always -blowing from one quarter, it had found its way back, as it -continues to do, through the Gulf between Florida and Cuba, -carrying with it the loom and sand it may have scooped from -the country it had occupied, part of which it may have deposited -on the shores of North America, and with part formed the banks -of Newfoundland. But these are only the visions of fancy. - -(3.) p. 283. There is a plant, or weed, called the Jamestown -weed,[67] of a very singular quality. The late Dr. Bond informed -me, that he had under his care a patient, a young girl, who had -put the seeds of this plant into her eye, which dilated the pupil -to such a degree, that she could see in the dark, but in the light -was almost blind. The effect that the leaves had when eaten -by a ship's crew that arrived at Jamestown, are well known.[68] - -(4.) p. 312. Monsieur Buffon has indeed given an afflicting -picture of human nature in his description of the man of America. -But sure I am there never was a picture more unlike the -original. He grants indeed that his stature is the same as that -of the man of Europe. He might have admitted, that the Iroquois -were larger, and the Lenopi, or Delawares, taller than people -in Europe generally are. But he says their organs of generation -are smaller and weaker than those of Europeans. Is this -a fact? I believe not; at least it is an observation I never heard -before.--"They have no beard." Had he known the pains -and trouble it costs the men to pluck out by the roots the hair -that grows on their faces, he would have seen that nature had -not been deficient in that respect. Every nation has its customs. -I have seen an Indian beau, with a looking-glass in his -hand, examining his face for hours together, and plucking out -by the roots every hair he could discover, with a kind of tweezer -made of a piece of fine brass wire, that had been twisted round -a stick, and which he used with great dexterity.--"They have -no ardor for their females." It is true they do not indulge those -excesses, nor discover that fondness which is customary in Europe; -but this is not owing to a defect in nature but to manners. -Their soul is wholly bent upon war. This is what procures -them glory among the men, and makes them the admiration of -the women. To this they are educated from their earliest youth. -When they pursue game with ardor, when they bear the fatigues -of the chase, when they sustain and suffer patiently hunger and -cold; it is not so much for the sake of the game they pursue, as -to convince their parents and the council of the nation that they -are fit to be enrolled in the number of the warriors. The songs -of the women, the dance of the warriors, the sage counsel of -the chiefs, the tales of the old, the triumphal entry of the warriors -returning with success from battle, and the respect paid to -those who distinguish themselves in war, and in subduing their -enemies; in short, everything they see or hear tends to inspire -them with an ardent desire for military fame. If a young man -were to discover a fondness for women before he has been to -war, he would become the contempt of the men, and the scorn -and ridicule of the women. Or were he to indulge himself with -a captive taken in war, and much more were he to offer violence -in order to gratify his lust, he would incur indelible disgrace. -The seeming frigidity of the men, therefore, is the effect of -manners, and not a defect of nature. Besides, a celebrated warrior -is oftener courted by the females, than he has occasion to -court; and this is a point of honor which the men aim at. Instances -similar to that of Ruth and Boaz[69] are not uncommon -among them. For though the women are modest and diffident, -and so bashful that they seldom lift up their eyes, and scarce -ever look a man full in the face, yet, being brought up in great -subjection, custom and manners reconcile them to modes of acting, -which, judged of by Europeans, would be deemed inconsistent -with the rules of female decorum and propriety. I once -saw a young widow, whose husband, a warrior, had died about -eight days before, hastening to finish her grief, and who, by -tearing her hair, beating her breast, and drinking spirits, made -the tears flow in great abundance, in order that she might grieve -much in a short space of time, and be married that evening to -another young warrior. The manner in which this was viewed -by the men and women of the tribe, who stood round, silent -and solemn spectators of the scene, and the indifference with -which they answered my question respecting it, convinced me -that it was no unusual custom. I have known men advanced -in years, whose wives were old and past child-bearing, take -young wives, and have children, though the practice of polygamy -is not common. Does this savor of frigidity, or want of ardor -for the female? Neither do they seem to be deficient in natural -affection. I have seen both fathers and mothers in the deepest -affliction, when their children have been dangerously ill; though -I believe the affection is stronger in the descending than the ascending -scale, and though custom forbids a father to grieve immoderately -for a son slain in battle. "That they are timorous -and cowardly," is a character with which there is little reason -to charge them, when we recollect the manner in which the -Iroquois met Monsieur ----, who marched into their country; -in which the old men, who scorned to fly, or to survive the capture -of their town, braved death, like the old Romans in the -time of the Gauls, and in which they soon after revenged themselves -by sacking and destroying Montreal. But above all, the -unshaken fortitude with which they bear the most excruciating -tortures and death when taken prisoners, ought to exempt them -from that character. Much less are they to be characterized as a -people of no vivacity, and who are excited to action or motion -only by the calls of hunger and thirst. Their dances in which -they so much delight, and which to an European would be the -most severe exercise, fully contradict this, not to mention their -fatiguing marches, and the toil they voluntarily and cheerfully -undergo in their military expeditions. It is true, that when at -home, they do not employ themselves in labor or the culture of -the soil; but this again is the effect of customs and manners, -which have assigned that to the province of the women. But it -is said, they are averse to society and a social life. Can anything -be more inapplicable than this to a people who always live -in towns or clans? Or can they be said to have no "republic," -who conduct all their affairs in national councils, who pride -themselves in their national character, who consider an insult -or injury done to an individual by a stranger as done to the -whole, and resent it accordingly? In short, this picture is not -applicable to any nation of Indians I have ever known or heard -of in North America. - -(5.) p. 340. As far as I have been able to learn, the country -from the sea coast to the Alleghany, and from the most southern -waters of James river up to Patuxen river, now in the State of -Maryland, was occupied by three different nations of Indians, -each of which spoke a different language, and were under separate -and distinct governments. What the original or real names -of those nations were, I have not been able to learn with certainty; -but by us they are distinguished by the names of Powhatans, -Mannahoacs, and Monacans, now commonly called Tuscaroras. -The Powhatans, who occupied the country from the -sea shore up to the falls of the rivers, were a powerful nation, -and seem to have consisted of seven tribes, five on the western -and two on the eastern shore. Each of these tribes was subdivided -into towns, families, or clans, who lived together. All -the nations of Indians in North America lived in the hunter -state, and depended for subsistence on hunting, fishing, and the -spontaneous fruits of the earth, and a kind of grain which was -planted and gathered by the women, and is now known by the -name of Indian corn. Long potatoes, pumpkins of various kinds, -and squashes, were also found in use among them. They had -no flocks, herds, or tamed animals of any kind. Their government -is a kind of patriarchal confederacy. Every town or family -has a chief, who is distinguished by a particular title, and whom -we commonly call "Sachem." The several towns or families -that compose a tribe, have a chief who presides over it, and the -several tribes composing a nation have a chief who presides over -the whole nation. These chiefs are generally men advanced in -years, and distinguished by their prudence and abilities in council. -The matters which merely regard a town or family are settled -by the chief and principal men of the town; those which -regard a tribe, such as the appointment of head warriors or captains, -and settling differences between different towns and families, -are regulated at a meeting or council of the chiefs from the -several towns; and those which regard the whole nation, such as -the making war, concluding peace, or forming alliances with the -neighboring nations, are deliberated on and determined in a national -council composed of the chiefs of the tribe, attended by -the head warriors and a number of the chiefs from the towns, -who are his counsellors. In every town there is a council house, -where the chief and old men of the town assemble, when occasion -requires, and consult what is proper to be done. Every -tribe has a fixed place for the chiefs of the towns to meet and -consult on the business of the tribe; and in every nation there -is what they call the central council house, or central council -fire, where the chiefs of the several tribes, with the principal -warriors, convene to consult and determine on their national affairs. -When any matter is proposed in the national council, it is -common for the chiefs of the several tribes to consult thereon -apart with their counsellors, and when they have agreed, to deliver -the opinion of the tribe at the national council; and, as -their government seems to rest wholly on persuasion, they endeavor, -by mutual concessions, to obtain unanimity. Such is -the government that still subsists among the Indian nations bordering -upon the United States. Some historians seem to think, -that the dignity of office of Sachem was hereditary. But that -opinion does not appear to be well founded. The sachem or -chief of the tribe seems to be by election. And sometimes persons -who are strangers, and adopted into the tribe, are promoted -to this dignity, on account of their abilities. Thus on the arrival -of Captain Smith, the first founder of the colony of Virginia, -Opechancanough, who was Sachem or chief of the Chickahominies, -one of the tribes of the Powhatans, is said to have -been of another tribe, and even of another nation, so that no certain -account could be obtained of his origin or descent. The -chiefs of the nation seem to have been by a rotation among the -tribes. Thus when Captain Smith, in the year 1609, questioned -Powhatan (who was the chief of the nation, and whose proper -name is said to have been Wahunsonacock) respecting the succession, -the old chief informed him, "that he was very old, and -had seen the death of all his people thrice;[70] that not one of these -generations were then living except himself; that he must soon -die, and the succession descend in order to his brother Opichapan, -Opechancanough, and Catataugh, and then to his two sisters, -and their two daughters." But these were appellations designating -the tribes in the confederacy. For the persons named -are not his real brothers, but the chiefs of different tribes. Accordingly -in 1618, when Powhatan died, he was succeeded by -Opichapan, and after his decease, Opechancanough became chief -of the nation. I need only mention another instance to show -that the chiefs of the tribes claimed this kindred with the head -of the nation. In 1622, when Raleigh Crashaw was with Japazaw, -the Sachem or chief of the Potomacs, Opechancanough, -who had great power and influence, being the second man in -the nation, and next in succession to Opichapan, and who was -a bitter but secret enemy to the English, and wanted to engage -his nation in a war with them, sent two baskets of beads to the -Potomac chief, and desired him to kill the Englishman that was -with him. Japazaw replied, that the English were his friends, -and Opichapan his _brother_, and that therefore there should be no -blood shed between them by his means. It is also to be observed, -that when the English first came over, in all their conferences -with any of the chiefs, they constantly heard him make -mention of his _brother_, with whom he must consult, or to whom -he referred them, meaning thereby either the chief of the nation, -or the tribes in confederacy. The Manahoacks are said to have -been a confederacy of four tribes, and in alliance with the Monacans, -in the war which they were carrying on against the -Powhatans. - -To the northward of these there was another powerful nation -which occupied the country from the head of the Chesapeake -bay up to the Kittatinney mountain, and as far eastward as Connecticut -river, comprehending that part of New York which lies -between the Highlands and the ocean, all the State of New -Jersey, that part of Pennsylvania which is watered, below the -range of the Kittatinney mountains, by the rivers or streams falling -into the Delaware, and the county of Newcastle in the State -of Delaware, as far as Duck creek. It is to be observed, that -the nations of Indians distinguished their countries one from -another by natural boundaries, such as ranges of mountains or -streams of water. But as the heads of rivers frequently interlock, -or approach near to each other, as those who live upon a -stream claim the country watered by it, they often encroached -on each other, and this is a constant source of war between the -different nations. The nation occupying the tract of country -last described, called themselves Lenopi. The French writers -call them Loups; and among the English they are now commonly -called Delawares. This nation or confederacy consisted -of five tribes, who all spoke one language. 1. The Chihohocki, -who dwelt on the west side of the river now called Delaware, a -name which it took from Lord De la War, who put into it on -his passage from Virginia in the year ----, but which by the -Indians was called Chihohocki. 2. The Wanami, who inhabit -the country called New Jersey, from the Rariton to the sea. 3. -The Munsey, who dwelt on the upper streams of the Delaware, -from the Kittatinney mountains down to the Lehigh or western -branch of the Delaware. 4. The Wabinga, who are sometimes -called River Indians, sometimes Mohickanders, and who had their -dwelling between the west branch of Delaware and Hudson's river, -from the Kittatinney Ridge down to the Rariton; and 5. The -Mahiccon, or Manhattan, who occupied Staten Island, York -Island (which from its being the principal seat of their residence -was formerly called Manhattan), Long Island, and that part of -New York and Connecticut which lies between Hudson and -Connecticut rivers, from the highland, which is a continuation -of the Kittatinney Ridge down to the Sound. This nation had -a close alliance with the Shawanese, who lived on the Susquehanna -and to the westward of that river, as far as the Alleghany -mountains, and carried on a long war with another powerful nation -or confederacy of Indians, which lived to the north of them -between the Kittatinney mountains or highlands, and the Lake -Ontario, and who call themselves Mingoes, and are called by the -French writers Iroquois, by the English the Five Nations, and -by the Indians to the southward, with whom they were at war, -Massawomacs. This war was carrying on in its greatest fury, -when Captain Smith first arrived in Virginia. The Mingo warriors -had penetrated down the Susquehannah to the mouth of -it. In one of his excursions up the bay, at the mouth of Susquehannah, -in 1608, Captain Smith met with six or seven of -their canoes full of warriors, who were coming to attack their -enemies in the rear. In an excursion which he had made a few -weeks before, up the Rappahannock, and in which he had a -skirmish with a party of the Manahoacs, and taken a brother of -one of their chiefs prisoner, he first heard of this nation. For -when he asked the prisoner why his nation attacked the English? -the prisoner said, because his nation had heard that the -English came from under the world to take their world from -them. Being asked, how many worlds he knew? he said, he -knew but one, which was under the sky that covered him, and -which consisted of Powhatans, the Manakins, and the Massawomacs. -Being questioned concerning the latter, he said, they -dwelt on a great water to the North, that they had many boats, and -so many men, that they waged war with all the rest of the world. -The Mingo confederacy then consisted of five tribes; three who -are the elder, to wit, the Senecas, who live to the West, the Mohawks -to the East, and the Onondagas between them; and two -who are called the younger tribes, namely, the Cayugas and -Oneidas. All these tribes speak one language, and were then -united in a close confederacy, and occupied the tract of country -from the east end of Lake Erie to Lake Champlain, and from -the Kittatinney and Highlands to the Lake Ontario and the river -Cadaraqui, or St. Lawrence. They had some time before that, -carried on a war with a nation, who lived beyond the lakes, and -were called Adirondacks. In this war they were worsted; but -having made a peace with them, through the intercession of the -French who were then settling Canada, they turned their arms -against the Lenopi; and as this war was long and doubtful, they, -in the course of it, not only exerted their whole force, but put -in practice every measure which prudence or policy could devise -to bring it to a successful issue. For this purpose they bent -their course down the Susquehannah, and warring with the Indians -in their way, and having penetrated as far as the mouth -of it, they, by the terror of their arms, engaged a nation, now -known by the name of Nanticocks, Conoys, and Tuteloes, and -who lived between Chesapeake and Delaware bays, and bordering -on the tribe of Chihohocki, to enter into an alliance with -them. They also formed an alliance with the Monicans, and -stimulated them to a war with the Lenopi and their confederates. -At the same time the Mohawks carried on a furious war -down the Hudson against the Mohiccons and River Indians, and -compelled them to purchase a temporary and precarious peace, -by acknowledging them to be their superiors, and paying an annual -tribute. The Lenopi being surrounded with enemies, and -hard pressed, and having lost many of their warriors, were at -last compelled to sue for peace, which was granted to them on -the condition that they should put themselves under the protection -of the Mingoes, confine themselves to raising corn, hunting -for the subsistence of their families, and no longer have the -power of making war. This is what the Indians call making -them women. And in this condition the Lenopi were when -William Penn first arrived and began the settlement of Pennsylvania -in 1682. - -(6.) p. 342. From the figurative language of the Indians, as -well as from the practice of those we are still acquainted with, -it is evident that it was and still continues to be, a constant custom -among the Indians to gather up the bones of the dead, and -deposit them in a particular place. Thus, when they make -peace with any nation with whom they have been at war, after -burying the hatchet, they take up the belt of wampum, and say, -"We now gather up all the bones of those who have been slain, -and bury them," &c. See all the treaties of peace. Besides, -it is customary when any of them die at a distance from home, -to bury them, and afterwards to come and take up the bones -and carry them home. At a treaty which was held at Lancaster -with the Six Nations, one of them died, and was buried in the -woods a little distance from the town. Some time after a party -came and took up the body, separated the flesh from the bones -by boiling and scraping them clean, and carried them to be deposited -in the sepulchres of their ancestors. The operation was -so offensive and disagreeable, that nobody could come near them -while they were performing it. - -(7.) p. 350. The Osweàtchies, Connosedàgoes and Cohunnegagoes, -or, as they are commonly called, Caghnewàgos, are of -the Mingo or Six Nation Indians, who, by the influence of the -French missionaries, have been separated from their nation, and -induced to settle there. - -I do not know of what nation the Augquàgahs are, but suspect -they are a family of the Senecas. - -The Nanticocks and Conòies were formerly of a nation that -lived at the head of Chesapeake bay, and who, of late years, -have been adopted into the Mingo or Iroquois confederacy, and -make a seventh nation. The Monacans or Tuscaroras, who -were taken into the confederacy in 1712, making the sixth. - -The Saponies are families of the Wanamies, who removed -from New Jersey, and with the Mohiccons, Munsies, and Delawares, -belonging to the Lenopi nation. The Mingos are a war -colony from the Six Nations; so are the Cohunnewagos. - -Of the rest of the Northern tribes I never have been able to -learn anything certain. But all accounts seem to agree in this, -that there is a very powerful nation, distinguished by a variety -of names taken from the several towns or families, but commonly -called Tàwas or Ottawas, who speak one language, and live -round and on the waters that fall into the western lakes, and extend -from the waters of the Ohio quite to the waters falling into -Hudson's bay. - -FOOTNOTES: - - [67] Datura pericarpiis erectis ovatis. Linn. - - [68] An instance of temporary imbecility produced by them is - mentioned, Beverl. H. of Virg. b. 2, c. 4. - - [69] When Boaz had eaten and drank, and his heart was merry, - he went to lie down at the end of the heap of corn; and - Ruth came softly, and uncovered his feet, and laid her - down. Ruth, iii. 7. - - [70] This is one generation more than the poet ascribes to the - life of Nestor: - - Tö d' ede duo men geneai meropö anthröpön - Ephthiath oi oi prosthen ama traphen ed' egneonto - En Pulö egathee, meta de tritatoisin anassen. - - II. Hom. II. 250. - - Two generations now had passed away, - Wise by his rules, and happy by his sway; - Two ages o'er his native realm he reign'd, - And now th' example of the third remained. - - POPE. - - -No. II. - - In the summer of the year 1783, it was expected that - the assembly of Virginia would call a Convention for the - establishment of a Constitution. The following draught of - a fundamental Constitution for the Commonwealth of Virginia - was then prepared, with a design of being proposed in such - Convention had it taken place. - -To the citizens of the commonwealth of Virginia, and all -others whom it may concern, the delegates for the said commonwealth -in Convention assembled, send greeting: - -It is known to you and to the world, that the government of -Great Britain, with which the American States were not long -since connected, assumed over them an authority unwarrantable -and oppressive; that they endeavored to enforce this authority -by arms, and that the States of New Hampshire, Massachusetts, -Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, -Delaware, Maryland, Virginia, North Carolina, South -Carolina, and Georgia, considering resistance, with all its train -of horrors, as a lesser evil than abject submission, closed in the -appeal to arms. It hath pleased the Sovereign Disposer of all -human events to give to this appeal an issue favorable to the -rights of the States; to enable them to reject forever all dependence -on a government which had shown itself so capable of -abusing the trusts reposed in it; and to obtain from that government -a solemn and explicit acknowledgment that they are free, -sovereign, and independent States. During the progress of that -war, through which we had to labor for the establishment of our -rights, the legislature of the commonwealth of Virginia found it -necessary to make a temporary organization of government for -preventing anarchy, and pointing our efforts to the two important -objects of war against our invaders, and peace and happiness -among ourselves. But this, like all other acts of legislation, -being subject to change by subsequent legislatures, possessing -equal powers with themselves; it has been thought expedient, -that it should receive those amendments which time and trial -have suggested, and be rendered permanent by a power superior -to that of the ordinary legislature. The general assembly therefore -of this State recommend it to the good people thereof, to -choose delegates to meet in general convention, with powers to -form a constitution of government for them, and to declare those -fundamentals to which all our laws present and future shall be -subordinate; and, in compliance with this recommendation, they -have thought proper to make choice of us, and to vest us with -powers for this purpose. - -We, therefore, the delegates, chosen by the said good people -of this State for the purpose aforesaid, and now assembled in -general convention, do in execution of the authority with which -we are invested, establish the following constitution and fundamentals -of government for the said State of Virginia: - -The said State shall forever hereafter be governed as a commonwealth. - -The powers of government shall be divided into three distinct -departments, each of them to be confided to a separate body of -magistracy; to wit, those which are legislative to one, those -which are judiciary to another, and those which are executive -to another. No person, or collection of persons, being of one -of these departments, shall exercise any power properly belonging -to either of the others, except in the instances hereinafter -expressly permitted. - -The legislature shall consist of two branches, the one to be -called the House of Delegates, the other the Senate, and both -together the General Assembly. The concurrence of both of -these, expressed on three several readings, shall be necessary to -the passage of a law. - -Delegates for the general assembly shall be chosen on the last -Monday of November in every year. But if an election cannot -be concluded on that day, it may be adjourned from day to day -till it can be concluded. - -The number of delegates which each county may send shall -be in proportion to the number of its qualified electors; and the -whole number of delegates for the State shall be so proportioned -to the whole number of qualified electors in it, that they shall -never exceed three hundred, nor be fewer than one hundred. -Whenever such excess or deficiency shall take place, the House -of Delegates so deficient or excessive shall, notwithstanding this, -continue in being during its legal term; but they shall, during -that term, re-adjust the proportion, so as to bring their number -within the limits before mentioned at the ensuing election. If -any county be reduced in its qualified electors below the number -authorized to send one delegate, let it be annexed to some -adjoining county. - -For the election of senators, let the several counties be allotted -by the senate, from time to time, into such and so many districts -as they shall find best; and let each county at the time of electing -its delegates, choose senatorial electors, qualified as themselves -are, and four in number for each delegate their county is -entitled to send, who shall convene, and conduct themselves, in -such manner as the legislature shall direct, with the senatorial -electors from the other counties of their district, and then choose, -by ballot, one senator for every six delegates which their district -is entitled to choose. Let the senatorial districts be divided -into two classes, and let the members elected for one of -them be dissolved at the first ensuing general election of delegates, -the other at the next, and so on alternately forever. - -All free male citizens, of full age, and sane mind, who for one -year before shall have been resident in the county, or shall -through the whole of that time have possessed therein real property -of the value of ----; or shall for the same time -have been enrolled in the militia, and no others, shall have a -right to vote for delegates for the said county, and for senatorial -electors for the district. They shall give their votes personally, -and _vivâ voce_. - -The general assembly shall meet at the place to which the -last adjournment was, on the forty-second day after the day of -election of delegates, and thenceforward at any other time or -place on their own adjournment, till their office expires, which -shall be on the day preceding that appointed for the meeting of -the next general assembly. But if they shall at any time adjourn -for more than one year, it shall be as if they had adjourned -for one year precisely. Neither house, without the concurrence -of the other, shall adjourn for more than one week, nor to any -other place than the one at which they are sitting. The governor -shall also have power, with the advice of the council of -State, to call them at any other time to the same place, or to a -different one, if that shall have become, since the last adjournment, -dangerous from an enemy, or from infection. - -A majority of either house shall be a quorum, and shall be -requisite for doing business; but any smaller proportion which -from time to time shall be thought expedient by the respective -houses, shall be sufficient to call for, and to punish, their non-attending -members, and to adjourn themselves for any time not -exceeding one week. - -The members, during their attendance on the general assembly, -and for so long a time before and after as shall be necessary for -travelling to and from the same, shall be privileged from all personal -restraint and assault, and shall have no other privilege -whatsoever. They shall receive during the same time, daily -wages in gold or silver, equal to the value of two bushels of -wheat. This value shall be deemed one dollar by the bushel -till the year 1790, in which, and in every tenth year thereafter, -the general court, at their first sessions in the year, shall cause a -special jury, of the most respectable merchants and farmers, to -be summoned, to declare what shall have been the averaged -value of wheat during the last ten years; which averaged value -shall be the measure of wages for the ten subsequent years. - -Of this general assembly, the treasurer, attorney general, register, -ministers of the gospel, officers of the regular armies of this -State, or of the United States, persons receiving salaries or emoluments -from any power foreign to our confederacy, those who -are not resident in the county for which they are chosen delegates, -or districts for which they are chosen senators, those who -are not qualified as electors, persons who shall have committed -treason, felony, or such other crime as would subject them to infamous -punishment, or who shall have been convicted by due -course of law of bribery or corruption, in endeavoring to procure -an election to the said assembly, shall be incapable of being -members. All others, not herein elsewhere excluded, who may -elect, shall be capable of being elected thereto. - -Any member of the said assembly accepting any office of profit -under this State, or the United States, or any of them, shall -thereby vacate his seat, but shall be capable of being re-elected. - -Vacancies occasioned by such disqualifications, by death, or -otherwise, shall be supplied by the electors, on a writ from the -speaker of the respective house. - -The general assembly shall not have power to infringe this -constitution; to abridge the civil rights of any person on account -of his religious belief; to restrain him from professing and supporting -that belief, or to compel him to contributions, other than -those he shall have personally stipulated for the support of that -or any other; to ordain death for any crime but treason or murder, -or military offences; to pardon, or give a power of pardoning -persons duly convicted of treason or felony, but instead thereof -they may substitute one or two new trials, and no more; to pass -laws for punishing actions done before the existence of such -laws; to pass any bill of attainder of treason or felony; to prescribe -torture in any case whatever; nor to permit the introduction -of any more slaves to reside in this State, or the continuance -of slavery beyond the generation which shall be living on the -thirty-first day of December, one thousand eight hundred; all -persons born after that day being hereby declared free. - -The general assembly shall have power to sever from this -State all or any parts of its territory westward of the Ohio, or of -the meridian of the mouth of the Great Kanhaway, and to cede -to Congress one hundred square miles of territory in any other -part of this State, exempted from the jurisdiction and government -of this State so long as Congress shall hold their sessions -therein, or in any territory adjacent thereto, which may be tendered -to them by any other State. - -They shall have power to appoint the speakers of their respective -houses, treasurer, auditors, attorney general, register, all -general officers of the military, their own clerks and serjeants, -and no other officers, except where, in other parts of this constitution, -such appointment is expressly given them. - -The executive powers shall be exercised by a _Governor_, who -shall be chosen by joint ballot of both houses of assembly, and -when chosen shall remain in office five years, and be ineligible a -second time. During his term he shall hold no other office or -emolument under this State, or any other State or power whatsoever. -By executive powers, we mean no reference to those -powers exercised under our former government by the crown as -of its prerogative, nor that these shall be the standard of what -may or may not be deemed the rightful powers of the governor. -We give him those powers only, which are necessary to execute -the laws (and administer the government), and which are not in -their nature either legislative or judiciary. The application of -this idea must be left to reason. We do however expressly deny -him the prerogative powers of erecting courts, offices, boroughs, -corporations, fairs, markets, ports, beacons, light-houses, and sea-marks; -of laying embargoes, of establishing precedence, of retaining -within the State, or recalling to it any citizen thereof, -and of making denizens, except so far as he may be authorized -from time to time by the legislature to exercise any of those -powers. The power of declaring war and concluding peace, of -contracting alliances, of issuing letters of marque and reprisal, -of raising and introducing armed forces, of building armed vessels, -forts, or strongholds, of coining money or regulating its -value, of regulating weights and measures, we leave to be exercised -under the authority of the confederation; but in all cases -respecting them which are out of the said confederation, they -shall be exercised by the governor, under the regulation of such -laws as the legislature may think it expedient to pass. - -The whole military of the State, whether regular, or of -militia, shall be subject to his directions; but he shall leave the -execution of those directions to the general officers appointed by -the legislature. - -His salary shall be fixed by the legislature at the session of -the assembly in which he shall be appointed, and before such -appointment be made; or if it be not then fixed, it shall be the -same which his next predecessor in office was entitled to. In -either case he may demand it quarterly out of any money which -shall be in the public treasury; and it shall not be in the power -of the legislature to give him less or more, either during his continuance -in office, or after he shall have gone out of it. The -lands, houses, and other things appropriated to the use of the -governor, shall remain to his use during his continuance in office. - -A _Council of State_ shall be chosen by joint ballot of both -houses of assembly, who shall hold their offices seven years, and -be ineligible a second time, and who, while they shall be of the -said council, shall hold no other office or emolument under this -State, or any other State or power whatsoever. Their duty -shall be to attend and advise the governor when called on by -him, and their advice in any case shall be a sanction to him. -They shall also have power, and it shall be their duty, to meet -at their own will, and to give their advice, though not required -by the governor, in cases where they shall think the public good -calls for it. Their advice and proceedings shall be entered in -books to be kept for that purpose, and shall be signed as approved -or disapproved by the members present. These books shall be -laid before either house of assembly when called for by them. -The said council shall consist of eight members for the present; -but their numbers may be increased or reduced by the legislature, -whenever they shall think it necessary; provided such reduction -be made only as the appointments become vacant by death, resignation, -disqualification, or regular deprivation. A majority of -their actual number, and not fewer, shall be a quorum. They -shall be allowed for the present ---- each by the year, payable -quarterly out of any money which shall be in the public treasury. -Their salary, however, may be increased or abated from -time to time, at the discretion of the legislature; provided such -increase or abatement shall not, by any ways or means, be made -to affect either then, or at any future time, any one of those then -actually in office. At the end of each quarter their salary shall -be divided into equal portions by the number of days on which, -during that quarter, a council has been held, or required by the -governor, or by their own adjournment, and one of those portions -shall be withheld from each member for every of the said -days which, without cause allowed good by the board, he failed -to attend, or departed before adjournment without their leave. -If no board should have been held during that quarter, there -shall be no deduction. - -They shall annually choose a _President_, who shall preside in -council in the absence of the governor, and who, in case of his -office becoming vacant by death or otherwise, shall have authority -to exercise all his functions, till a new appointment be -made, as he shall also in any interval during which the governor -shall declare himself unable to attend to the duties of his office. - -The _Judiciary_ powers shall be exercised by county courts -and such other inferior courts as the legislature shall think proper -to continue or to erect, by three superior courts, to wit, a Court -of Admiralty, a general Court of Common Law, and a High -Court of Chancery; and by one Supreme Court, to be called the -Court of Appeals. - -The judges of the high court of chancery, general court, and -court of admiralty, shall be four in number each, to be appointed -by joint ballot of both houses of assembly, and to hold their -offices during good behavior. While they continue judges, they -shall hold no other office or emolument, under this State, or any -other State or power whatsoever, except that they may be delegated -to Congress, receiving no additional allowance. - -These judges, assembled together, shall constitute the Court -of Appeals, whose business shall be to receive and determine appeals -from the three superior courts, but to receive no original -causes, except in the cases expressly permitted herein. - -A majority of the members of either of these courts, and not -fewer, shall be a quorum. But in the Court of Appeals nine -members shall be necessary to do business. Any smaller numbers -however may be authorized by the legislature to adjourn -their respective courts. - -They shall be allowed for the present ---- each by the year, -payable quarterly out of any money which shall be in the public -treasury. Their salaries, however, may be increased or abated, -from time to time, at the discretion of the legislature, provided -such increase or abatement shall not by any ways or means, be -made to affect, either then, or at any future time, any one of -those then actually in office. At the end of each quarter their -salary shall be divided into equal portions by the number of days -on which, during that quarter, their respective courts sat, or should -have sat, and one of these portions shall be withheld from each -member for every of the said days which, without cause allowed -good by his court, he failed to attend, or departed before adjournment -without their leave. If no court should have been -held during the quarter, there shall be no deduction. - -There shall, moreover, be a _Court of Impeachments_, to consist -of three members of the Council of State, one of each of the superior -courts of Chancery, Common Law, and Admiralty, two -members of the house of delegates and one of the Senate, to be -chosen by the body respectively of which they are. Before -this court any member of the three branches of government, that -is to say, the governor, any member of the council, of the two -houses of legislature, or of the superior courts, may be impeached -by the governor, the council, or either of the said houses or -courts, and by no other, for such misbehavior in office as would -be sufficient to remove him therefrom; and the only sentence -they shall have authority to pass shall be that of deprivation and -future incapacity of office. Seven members shall be requisite to -make a court, and two-thirds of those present must concur in the -sentence. The offences cognizable by this court shall be cognizable -by no other, and they shall be triers of the fact as well -as judges of the law. - -The justices or judges of the inferior courts already erected, -or hereafter to be erected, shall be appointed by the governor, on -advice of the council of State, and shall hold their offices during -good behavior, or the existence of their courts. For breach -of the good behavior, they shall be tried according to the laws -of the land, before the Court of Appeals, who shall be judges of -the fact as well as of the law. The only sentence they shall -have authority to pass shall be that of deprivation and future incapacity -of office, and two-thirds of the members present must -concur in this sentence. - -All courts shall appoint their own clerks, who shall hold their -offices during good behavior, or the existence of their court; -they shall also appoint all other attending officers to continue -during their pleasure. Clerks appointed by the supreme or superior -courts shall be removable by their respective courts. -Those to be appointed by other courts shall have been previously -examined, and certified to be duly qualified, by some two -members of the general court, and shall be removable for breach -of the good behavior by the Court of Appeals only, who shall -be judges of the fact as well as of the law. Two-thirds of the -members present must concur in the sentence. - -The justices or judges of the inferior courts may be members -of the legislature. - -The judgment of no inferior court shall be final, in any civil -case, of greater value than fifty bushels of wheat, as last rated -in the general court for setting the allowance to the members -of the general assembly, nor in any case of treason, felony, or other -crime which should subject the party to infamous punishment. - -In all causes depending before any court, other than those of -impeachments, of appeals, and military courts, facts put in issue -shall be tried by jury, and in all courts whatever witnesses shall -give testimony _vivâ voce_ in open court, wherever their attendance -can be procured; and all parties shall be allowed counsel -and compulsory process for their witnesses. - -Fines, amercements, and terms of imprisonment left indefinite -by the law, other than for contempts, shall be fixed by the jury, -triers of the offence. - -The governor, two councillors of State, and a judge from each -of the superior Courts of Chancery, Common Law, and Admiralty, -shall be a council to revise all bills which shall have -passed both houses of assembly, in which council the governor, -when present, shall preside. Every bill, before it becomes a law, -shall be represented to this council, who shall have a right to advise -its rejection, returning the bill, with their advice and reasons -in writing, to the house in which it originated, who shall proceed -to reconsider the said bill. But if after such reconsideration, -two-thirds of the house shall be of opinion that the bill should -pass finally, they shall pass and send it, with the advice and -written reasons of the said Council of Revision, to the other -house, wherein if two-thirds also shall be of opinion it should -pass finally, it shall thereupon become law; otherwise it shall -not. - -If any bill, presented to the said council, be not, within one -week (exclusive of the day of presenting it) returned by them, -with their advice of rejection and reasons, to the house wherein -it originated, or to the clerk of the said house, in case of its adjournment -over the expiration of the week, it shall be law from -the expiration of the week, and shall then be demandable by -the clerk of the House of Delegates, to be filed of record in his -office. - -The bills which they approve shall become law from the time -of such approbation, and shall then be returned to, or demandable -by, the clerk of the House of Delegates, to be filed of record -in his office. - -A bill rejected on advice of the Council of Revision may -again be proposed, during the same session of assembly, with -such alterations as will render it conformable to their advice. - -The members of the said Council of Revision shall be appointed -from time to time by the board or court of which they -respectively are. Two of the executive and two of the judiciary -members shall be requisite to do business; and to prevent the -evils of non-attendance, the board and courts may at any time -name all, or so many as they will, of their members, in the particular -order in which they would choose the duty of attendance -to devolve from preceding to subsequent members, the preceding -failing to attend. They shall have additionally for their services -in this council the same allowance as members of assembly have. - -The confederation is made a part of this constitution, subject -to such future alterations as shall be agreed to by the legislature -of this State, and by all the other confederating States. - -The delegates to Congress shall be five in number; any three -of whom, and no fewer, may be a representation. They shall -be appointed by joint ballot of both houses of assembly for any -term not exceeding one year, subject to be recalled, within the -term, by joint vote of both the said houses. They may at the -same time be members of the legislative or judiciary departments, -but not of the executive. - -The benefits of the writ of Habeas Corpus shall be extended, -by the legislature, to every person within this State, and without -fee, and shall be so facilitated that no person may be detained in -prison more than ten days after he shall have demanded and -been refused such writ by the judge appointed by law, or if none -be appointed, then by any judge of a superior court, nor more -than ten days after such writ shall have been served on the person -detaining him, and no order given, on due examination, for -his remandment or discharge. - -The military shall be subordinate to the civil power. - -Printing presses shall be subject to no other restraint than -liableness to legal prosecution for false facts printed and published. - -Any two of the three branches of government concurring in -opinion, each by the voice of two-thirds of their whole existing -number, that a convention is necessary for altering this constitution, -or correcting breaches of it, they shall be authorized to -issue writs to every county for the election of so many delegates -as they are authorized to send to the general assembly, which -elections shall be held, and writs returned, as the laws shall have -provided in the case of elections of delegates of assembly, _mutatis mutandis_, -and the said delegates shall meet at the usual -place of holding assemblies, three months after date of such -writs, and shall be acknowledged to have equal powers with this -present convention. The said writs shall be signed by all the -members approving the same. - -_To introduce this government_, the following special and temporary -provision is made. - -This convention being authorized only to amend those laws -which constituted the form of government, no general dissolution -of the whole system of laws can be supposed to have taken -place; but all laws in force at the meeting of this convention, -and not inconsistent with this constitution, remain in full force, -subject to alterations by the ordinary legislature. - -The present general assembly shall continue till the forty-second -day after the last Monday of November in this present year. -On the said last Monday of November in this present year, the -several counties shall by their electors qualified as provided -by this constitution, elect delegates, which for the present shall -be, in number, one for every ---- militia of the said county, -according to the latest returns in possession of the governor, -and shall also choose senatorial electors in proportion thereto, -which senatorial electors shall meet on the fourteenth day -after the day of their election, at the court house of that county -of their present district which would stand first in an alphabetical -arrangement of their counties, and shall choose senators in -the proportion fixed by this constitution. The elections and returns -shall be conducted, in all circumstances not hereby particularly -prescribed, by the same persons and under the same -forms as prescribed by the present laws in elections of senators -and delegates of assembly. The said senators and delegates -shall constitute the first general assembly of the new government, -and shall specially apply themselves to the procuring an -exact return from every county of the number of its qualified -electors, and to the settlement of the number of delegates to be -elected for the ensuing general assembly. - -The present governor shall continue in office to the end of the -term for which he was elected. - -All other officers of every kind shall continue in office as they -would have done had their appointment been under this constitution, -and new ones, where new are hereby called for, shall be -appointed by the authority to which such appointment is referred. -One of the present judges of the general court, he consenting -thereto, shall by joint ballot of both houses of assembly, -at their first meeting, be transferred to the High Court of Chancery. - - -No. III. - - An Act for establishing Religious Freedom, passed in the - Assembly of Virginia in the beginning of the year 1786. - -Well aware that Almighty God hath created the mind free; -that all attempts to influence it by temporal punishments or burdens, -or by civil incapacitations, tend only to beget habits of -hypocrisy and meanness, and are a departure from the plan of -the Holy Author of our religion, who being Lord both of body -and mind, yet chose not to propagate it by coercions on either, -as was in his Almighty power to do; that the impious presumption -of legislators and rulers, civil as well as ecclesiastical, who, -being themselves but fallible and uninspired men have assumed -dominion over the faith of others, setting up their own opinions -and modes of thinking as the only true and infallible, and as -such endeavoring to impose them on others, hath established -and maintained false religions over the greatest part of the -world, and through all time; that to compel a man to furnish -contributions of money for the propagation of opinions which he -disbelieves, is sinful and tyrannical; that even the forcing him -to support this or that teacher of his own religious persuasion, is -depriving him of the comfortable liberty of giving his contributions -to the particular pastor whose morals he would make his -pattern, and whose powers he feels most persuasive to righteousness, -and is withdrawing from the ministry those temporal rewards, -which proceeding from an approbation of their personal -conduct, are an additional incitement to earnest and unremitting -labors for the instruction of mankind; that our civil rights -have no dependence on our religious opinions, more than our -opinions in physics or geometry; that, therefore, the proscribing -any citizen as unworthy the public confidence by laying -upon him an incapacity of being called to the offices of trust -and emolument, unless he profess or renounce this or that religious -opinion, is depriving him injuriously of those privileges -and advantages to which in common with his fellow citizens he -has a natural right; that it tends also to corrupt the principles -of that very religion it is meant to encourage, by bribing, with a -monopoly of worldly honors and emoluments, those who will -externally profess and conform to it; that though indeed these -are criminal who do not withstand such temptation, yet neither -are those innocent who lay the bait in their way; that to suffer -the civil magistrate to intrude his powers into the field of opinion -and to restrain the profession or propagation of principles, on -the supposition of their ill tendency, is a dangerous fallacy, which -at once destroys all religious liberty, because he being of course -judge of that tendency, will make his opinions the rule of judgment, -and approve or condemn the sentiments of others only as -they shall square with or differ from his own; that it is time -enough for the rightful purposes of civil government, for its officers -to interfere when principles break out into overt acts -against peace and good order; and finally, that truth is great and -will prevail if left to herself, that she is the proper and sufficient -antagonist to error, and has nothing to fear from the conflict, -unless by human interposition disarmed of her natural weapons, -free argument and debate, errors ceasing to be dangerous when -it is permitted freely to contradict them. - -_Be it therefore enacted by the General Assembly_, That no -man shall be compelled to frequent or support any religious worship, -place or ministry whatsoever, nor shall be enforced, restrained, -molested, or burthened in his body or goods, nor shall -otherwise suffer on account of his religious opinions or belief; -but that all men shall be free to profess, and by argument to -maintain, their opinions in matters of religion, and that the -same shall in nowise diminish, enlarge, or affect their civil capacities. - -And though we well know this Assembly, elected by the people -for the ordinary purposes of legislation only, have no power -to restrain the acts of succeeding assemblies, constituted with the -powers equal to our own, and that therefore to declare this act -irrevocable, would be of no effect in law, yet we are free to declare, -and do declare, that the rights hereby asserted are of the -natural rights of mankind, and that if any act shall be hereafter -passed to repeal the present or to narrow its operation, such act -will be an infringement of natural right. - - -AN APPENDIX - -RELATIVE TO THE MURDER OF LOGAN'S FAMILY.[71] - -The "Notes on Virginia" were written, in Virginia, in the -years 1781 and 1782, in answer to certain queries proposed to -me by Monsieur de Marbois, then secretary of the French legation -in the United States; and a manuscript copy was delivered -to him. A few copies, with some additions, were afterwards, -in 1784, printed in Paris, and given to particular friends. -In speaking of the animals of America, the theory of M. de Buffon, -the Abbe Raynal, and others presented itself to consideration. -They have supposed there is something in the soil, climate, and -other circumstances of America, which occasions animal nature -to degenerate, not excepting even the man, native or adoptive, -physical or moral. This theory, so unfounded and degrading to -one-third of the globe, was called to the bar of fact and reason. -Among other proofs adduced in contradiction of this hypothesis, -the speech of Logan, an Indian chief, delivered to Lord Dunmore -in 1774, was produced, as a specimen of the talents of the -aboriginals of this country, and particularly of their eloquence; -and it was believed that Europe had never produced anything -superior to this morsel of eloquence. In order to make it intelligible -to the reader, the transaction, on which it was founded, -was stated, as it had been generally related in America at the -time, and as I had heard it myself, in the circle of Lord Dunmore, -and the officers who accompanied him; and the speech itself -was given as it had, ten years before the printing of that -book, circulated in the newspapers through all the then colonies, -through the magazines of Great Britain, and periodical publications -of Europe. For three and twenty years it passed uncontradicted; -nor was it ever suspected that it even admitted contradiction. -In 1797, however, for the first time, not only the -whole transaction respecting Logan was affirmed in the public -papers to be false, but the speech itself suggested to be a forgery, -and even a forgery of mine, to aid me in proving that the man -of America was equal in body and in mind, to the man of Europe. -But wherefore the forgery; whether Logan's or mine, it -would still have been American. I should indeed consult my -own fame if the suggestion, that this speech is mine, were suffered -to be believed. He would have just right to be proud who -could with truth claim that composition. But it is none of mine; -and I yield it to whom it is due. - -On seeing then that this transaction was brought into question, -I thought it my duty to make particular inquiry into its -foundation. It was the more my duty, as it was alleged that, -by ascribing to an individual therein named, a participation in -the murder of Logan's family, I had done an injury to his character, -which it had not deserved. I had no knowledge personally -of that individual. I had no reason to aim an injury at -him. I only repeated what I had heard from others, and what -thousands had heard and believed as well as myself; and which -no one indeed, till then, had been known to question. Twenty-three -years had now elapsed, since the transaction took place. -Many of those acquainted with it were dead, and the living dispersed -to very distant parts of the earth. Few of them were -even known to me. To those however of whom I knew, I -made application by letter; and some others, moved by a regard -for truth and justice, were kind enough to come forward, of -themselves, with their testimony. These fragments of evidence, -the small remains of a mighty mass which time has consumed, -are here presented to the public, in the form of letters, certificates, -or affidavits, as they came to me. I have rejected none -of these forms, nor required other solemnities from those whose -motives and characters were pledges of their truth. Historical -transactions are deemed to be well vouched by the simple declarations -of those who have borne a part in them; and especially -of persons having no interest to falsify or disfigure them. The -world will now see whether they, or I, have injured Cresap, by -believing Logan's charge against him; and they will decide between -Logan and Cresap, whether Cresap was innocent, and Logan -a calumniator? - -In order that the reader may have a clear conception of the -transactions, to which the different parts of the following declarations -refer, he must take notice that they establish four different -murders. 1. Of two Indians, a little above Wheeling. 2. -Of others at Grave Creek, among whom were some of Logan's -relations. 3. The massacre at Baker's bottom, on the Ohio, opposite -the mouth of Yellow Creek, where were other relations -of Logan. 4. Of those killed at the same place, coming in -canoes to the relief of their friends. I place the numbers 1, 2, -3, 4, against certain paragraphs of the evidence, to indicate the -particular murder to which the paragraph relates, and present -also a small sketch or map of the principal scenes of these butcheries, -for their more ready comprehension. - - * * * * * - - _Extract of a letter from the Honorable Judge Innes, of - Frankfort in Kentucky, to Thomas Jefferson, dated Kentucky, - near Frankfort, March 2d, 1799._ - -I recollect to have seen Logan's speech in 1775, in one of the public -prints. That Logan conceived Cresap to be the author of the murder at -Yellow Creek, it is in my power to give, perhaps, a more particular -information, than any other person you can apply to. - -In 1774 I lived in Fincastle county, now divided into Washington, -Montgomery and part of Wythe. Being intimate in Col. Preston's family, -I happened in July to be at his house, when an express was sent to him -as County Lieut. requesting a guard of the militia to be ordered out for -the protection of the inhabitants residing low down on the north fork of -Holston river. The express brought with him a War Club, and a note which -was left tied to it at the house of one Robertson, whose family were cut -off by the Indians, and gave rise for the application to Col. Preston, -of which the following is a copy, then taken by me in my memorandum book. - - "Captain Cresap,--What did you kill my people on Yellow Creek - for? The white people killed my kin at Conestoga, a great - while ago; and I thought nothing of that. But you killed my - kin again, on Yellow Creek, and took my Cousin Prisoner. Then - I thought I must kill too; and I have been three times to war - since; but the Indians are not angry; only myself. - - "July 21st, 1774. Captain JOHN LOGAN." - - -With great respect, I am, Dear Sir, your most obedient servant, - HARRY INNES. - - * * * * * - - Alleghany County, ss. } - State of Pennsylvania.} - -Before me, the subscriber, a justice of the peace in and for said county, -personally appeared John Gibson, Esquire, an associate Judge of same -county, who being duly sworn, deposeth and saith that he traded with -the Shawanese and other tribes of Indians then settled on the Siota in -the year 1773, and in the beginning of the year 1774, and that in the -month of April of the same year, he left the same Indian towns, and -came to this place, in order to procure some goods and provisions, that -he remained here only a few days, and then set out in company with a -certain Alexander Blaine and M. Elliot by water to return to the towns -on the Siota, and that one evening as they were drifting in their canoes -near the Long Reach on the Ohio, they were hailed by a number of white -men on the South West shore, who requested them to put ashore, as they -had disagreeable news to inform them of; that we then landed on shore; -and found amongst the party, a Major Angus M'Donald from West Chester, -a Doctor Woods from same place, and a party as they said of one hundred -and fifty men. We then asked the news. They informed us that some of the -party who had been taken up, and improving lands near the Big Kanhawa -river, had seen another party of white men, who informed them that they -and some others had fell in with a party of Shawanese, who had been -hunting on the South West side of the Ohio, that they had killed the whole -of the Indian party, and that the others had gone across the country to -Cheat river with the horses and plunder, the consequence of which they -apprehended would be an Indian war, and that they were flying away. On -making inquiry of them when this murder should have happened, we found -that it must have been some considerable time before we left the Indian -towns, and that there was not the smallest foundation for the report, -as there was not a single man of the Shawanese, but what returned from -hunting long before this should have happened. - -We then informed them that if they would agree to remain at the place -we then were, one of us would go to Hock Hocking river with some of -their party, where we should find some of our people making canoes, and -that if we did not find them there, we might conclude that everything -was not right. Doctor Wood and another person then proposed going with -me; the rest of the party seemed to agree, but said they would send and -consult Captain Cresap, who was about two miles from that place. They -sent off for him, and during the greatest part of the night they behaved -in the most disorderly manner, threatening to kill us, and saying the -damned traders were worse than the Indians and ought to be killed. In -the morning Captain Michael Cresap came to the camp. I then gave him -the information as above related. They then met in council, and after an -hour or more Captain Cresap returned to me, and informed that he could -not prevail on them to adopt the proposal I had made to them, that as he -had a great regard for Captain R. Callender, a brother-in-law of mine -with whom I was connected in trade, he advised me by no means to think -of proceeding any further, as he was convinced the present party would -fall on and kill every Indian they met on the river, that for his part -he should not continue with them, but go right across the country to -Red-Stone to avoid the consequences. That we then proceeded to Hocking -and went up the same to the canoe place where we found our people at -work, and after some days we proceeded to the towns on Siota by land. -On our arrival there, we heard of the different murders committed by -the party on their way up the Ohio. - -This Deponent further saith that in the year 1774, he accompanied Lord -Dunmore on the expedition against the Shawanese and other Indians on the -Siota, that on their arrival within fifteen miles of the towns, they were -met by a flag, and a white man of the name of Elliot, who informed Lord -Dunmore that the Chiefs of the Shawanese had sent to request his Lordship -to halt his army and send in some person, who understood their language; -that this Deponent, at the request of Lord Dunmore and the whole of the -officers with him, went in; that on his arrival at the towns, Logan, the -Indian, came to where the deponent was sitting with the Corn-Stalk, and -the other chiefs of the Shawanese, and asked him to walk out with him; -that they went into a copse of wood, where they sat down, when Logan, -after shedding abundance of tears, delivered to him the speech, nearly -as related by Mr. Jefferson in his notes on the State of Virginia; that -he the deponent told him that it was not Col. Cresap who had murdered -his relations, and that although his son Captain Michael Cresap was with -the party who killed a Shawanese chief and other Indians, yet he was -not present when his relations were killed at Baker's, near the mouth -of Yellow Creek on the Ohio; that this Deponent on his return to camp -delivered the speech to Lord Dunmore; and that the murders perpetrated -as above were considered as ultimately the cause of the war of 1774, -commonly called Cresap's war. - - JOHN GIBSON. - - Sworn and subscribed the 4th April, 1800, at Pittsburg, before - me, - - JER. BARKER. - - * * * * * - - _Extract of a letter from Col. Ebenezer Zane, to the honorable - John Brown, one of the senators in Congress from Kentucky; - dated Wheeling, Feb. 4th, 1800._ - - [Sidenote: 1] - -I was myself, with many others, in the practice of making improvements -on lands upon the Ohio, for the purpose of acquiring rights to the same. -Being on the Ohio at the mouth of Sandy Creek, in company with many -others, news circulated that the Indians had robbed some of the Land -jobbers. This news induced the people generally to ascend the Ohio. I -was among the number. On our arrival at the Wheeling, being informed -that there were two Indians with some traders near and above Wheeling, -a proposition was made by the then Captain Michael Cresap to waylay -and kill the Indians upon the river. This measure I opposed with much -violence, alleging that the killing of those Indians might involve the -country in a war. But the opposite party prevailed, and proceeded up -the Ohio with Captain Cresap at their head. - -In a short time the party returned, and also the traders, in a canoe; -but there were no Indians in the company. I inquired what had become of -the Indians, and was informed by the traders and Cresap's party that they -had fallen overboard. I examined the canoe, and saw much fresh blood and -some bullet holes in the canoe. This fully convinced me that the party -had killed the two Indians, and thrown them into the river. - - [Sidenote: 2] - -On the afternoon of the day this action happened, a report prevailed that -there was a camp, or party of Indians on the Ohio below and near the -Wheeling. In consequence of this information, Captain Cresap with his -party, joined by a number of recruits, proceeded immediately down the -Ohio for the purpose, as was then generally understood, of destroying -the Indians above mentioned. On the succeeding day, Captain Cresap and -his party returned to Wheeling, and it was generally reported by the -party that they had killed a number of Indians. Of the truth of this -report I had no doubt, as one of Cresap's party was badly wounded, and -the party had a fresh scalp, and a quantity of property, which they -called Indian plunder. At the time of the last-mentioned transaction, -it was generally reported that the party of Indians down the Ohio were -Logan and his family; but I have reason to believe that this report was -unfounded. - - [Sidenote: 3] - -Within a few days after the transaction above mentioned, a party of -Indians were killed at Yellow Creek. But I must do the memory of Captain -Cresap the justice to say that I do not believe that he was present at -the killing of the Indians at Yellow Creek. But there is not the least -doubt in my mind, that the massacre at Yellow Creek was brought on by -the two transactions first stated. - -All the transactions, which I have related happened in the latter end of -April 1774; and there can scarcely be a doubt that they were the cause -of the war which immediately followed, commonly called Dunmore's War. - - I am with much esteem, yours, &c, - - EBENEZER ZANE. - - * * * * * - - _The certificate of William Huston of Washington county, in - the State of Pennsylvania, communicated by David Riddick, - Esquire, Prothonotary of Washington county, Pennsylvania; who - in the letter enclosing it says "Mr. William Huston is a man - of established reputation in point of integrity."_ - -I William Huston of Washington county, in the State of Pennsylvania, do -hereby certify to whom it may concern, that in the year 1774, I resided -at Catfishes camp, on the main path from Wheeling to Redstone; that -Michael Cresap, who resided on or near the Potomac river, on his way up -from the river Ohio, at the head of a party of armed men, lay some time -at my cabin. - - [Sidenote: 2] - -I had previously heard the report of Mr. Cresap having killed some -Indians, said to be the relations of "Logan" an Indian Chief. In a -variety of conversations with several of Cresap's party, they boasted -of the deed; and that in the presence of their chief. They acknowledged -they had fired first on the Indians. They had with them one man on a -litter, who was in the skirmish. - - [Sidenote: 3] - -I do further certify that, from what I learned from the party themselves, -I then formed the opinion, and have not had any reason to change the -opinion since, that the killing, on the part of the whites, was what I -deem the grossest murder. I further certify that some of the party, who -afterwards killed some women and other Indians at Baker's bottom, also -lay at my cabin, on their march to the interior part of the country; -they had with them a little girl, whose life had been spared by the -interference of some more humane than the rest. If necessary I will make -affidavit to the above to be true. Certified at Washington, this 18th -day of April, Anno Domini, 1798. - - WILLIAM HUSTON. - - * * * * * - - _The certificate of Jacob Newland, of Shelby County, Kentucky, - communicated by the Honorable Judge Innes, of Kentucky._ - - [Sidenote: 2] - - [Sidenote: 3] - -In the year 1774, I lived on the waters of Short Creek, a branch of the -Ohio, twelve miles above Wheeling. Some time in June or in July of that -year, Capt. Michael Cresap raised a party of men, and came out under -Col. M'Daniel, of Hampshire County, Virginia, who commanded a detachment -against the Wappotommaka towns on the Muskinghum. I met with Capt. Cresap, -at Redstone fort, and entered his company. Being very well acquainted with -him, we conversed freely; and he, among other conversations, informed me -several times of falling in with some Indians on the Ohio some distance -below the mouth of Yellow Creek, and killed two or three of them; and that -this murder was before that of the Indians by Great-house and others, at -Yellow Creek. I do not recollect the reason which Capt. Cresap assigned -for committing the act, but never understood that the Indians gave any -offence. Certified under my hand this 15th day of November, 1799, being -an inhabitant of Shelby county, and State of Kentucky. - - JACOB NEWLAND. - - * * * * * - - _The Certificate of John Anderson, a merchant in Fredericksburg, - Virginia; communicated by Mann Page, Esquire, of Mansfield, - near Fredericksburg, who in the letter accompanying it, says, - "Mr. John Anderson has for many years past been settled - in Fredericksburg, in the mercantile line. I have known - him in prosperous and adverse situations. He has always - shown the greatest degree of Equanimity, his honesty and - veracity are unimpeachable. These things can be attested - by all the respectable part of the town and neighborhood of - Fredericksburg."_ - - [Sidenote: 1] - - [Sidenote: 3] - -Mr. John Anderson, a merchant in Fredericksburg, says, that in the -year 1774, being a trader in the Indian country, he was at Pittsburg, -to which place he had a cargo brought up the river in a boat navigated -by a Delaware Indian and a white man. That on their return down the -river, with a cargo, belonging to Messrs. Butler, Michael Cresap fired -on the boat, and killed the Indian, after which two men of the name of -Gatewood, and others of the name of Tumblestone,[72] who lived on the -opposite side of the river from the Indians, with whom they were on the -most friendly terms, invited a party of them to come over and drink with -them; and that, when the Indians were drunk, they murdered them to the -number of six, among whom was Logan's mother. - - [Sidenote: 4] - -That five other Indians uneasy at the absence of their friends, came -over the river to inquire after them; when they were fired upon, and -two were killed, and the others wounded. This was the origin of the war. - -I certify the above to be true to the best of my recollection. - - Attest DAVID BLAIR, 30th June, 1798. JOHN ANDERSON. - - * * * * * - - _The Deposition of James Chambers, communicated by David - Riddick, Esquire, Prothonotary of Washington county, - Pennsylvania, who, in the letter enclosing it, shows that he - entertains the most perfect confidence in the truth of Mr. - Chambers._ - - WASHINGTON COUNTY, ss. - - [Sidenote: 2] - - [Sidenote: 3] - - [Sidenote: 4] - - [Sidenote: 2] - - [Sidenote: 2] - -Personally came before me Samuel Shannon, Esquire, one of the -Commonwealth Justices for the County of Washington in the State of -Pennsylvania, James Chambers, who, being sworn according to law, deposeth -and saith that in the spring of the year 1774, he resided on the frontier -near Baker's bottom on the Ohio; that he had an intimate companion, with -whom he sometimes lived, named Edward King; that a report reached them -that Michael Cresap had killed some Indians near Grave Creek, friends -to an Indian, known by the name of "Logan;" that other of his friends, -following down the river, having received intelligence, and fearing to -proceed, lest Cresap might fall in with them, encamped near the mouth -of Yellow Creek, opposite Baker's bottom; that Daniel Great-house had -determined to kill them; had made the secret known to the deponent's -companion, King; that the deponent was earnestly solicited to be of the -party, and, as an inducement, was told that they would get a great deal -of plunder; and further, that the Indians would be made drunk by Baker, -and that little danger would follow the expedition. The deponent refused -having any hand in killing unoffending people. His companion, King, went -with Great-house, with divers others, some of whom had been collected -at a considerable distance under an idea that Joshua Baker's family was -in danger from the Indians, as war had been commenced between Cresap -and them already; that Edward King, as well as others of the party, -did not conceal from the deponent the most minute circumstances of this -affair; they informed him that Great-house, concealing his people, went -over to the Indian encampments and counted their number, and found that -they were too large a party to attack with his strength; that he then -requested Joshua Baker, when any of them came to his house, (which they -had been in the habit of,) to give them what rum they could drink, and -to let him know when they were in a proper train, and that he would -then fall on them; that accordingly they found several men and women at -Baker's house; that one of these women had cautioned Great-house, when -over in the Indian camp, that he had better return home, as the Indian -men were drinking, and that having heard of Cresap's attack on their -relations down the river, they were angry, and, in a friendly manner, -told him to go home. Great-house, with his party, fell on them, and -killed all except a little girl, which the deponent saw with the party -after the slaughter; that the Indians in the camp hearing the firing, -manned two canoes, supposing their friends at Baker's to be attacked, as -was supposed; the party under Great-house prevented their landing by a -well-directed fire, which did execution in the canoes; that Edward King -showed the deponent one of the scalps. The deponent further saith, that -the settlements near the river broke up, and he the deponent immediately -repaired to Catfish's camp, and lived some time with Mr. William Huston; -that not long after his arrival, Cresap, with his party, returning from -the Ohio, came to Mr. Huston's and tarried some time; that in various -conversations with the party, and in particular with a Mr. Smith, who -had one arm only, he was told that the Indians were acknowledged and -known to be Logan's friends which they had killed, and that he heard -the party say, that Logan would probably avenge their deaths. - - [Sidenote: 2] - - [Sidenote: 3] - -They acknowledged that the Indians passed Cresap's encampment on the bank -of the river in a peaceable manner, and encamped below him; that they -went down and fired on the Indians and killed several; that the survivors -flew to their arms and fired on Cresap, and wounded one man, whom the -deponent saw carried on a litter by the party; that the Indians killed -by Cresap were not only Logan's relations, but of the women killed at -Baker's one was said and generally believed to be Logan's sister. The -deponent further saith, that on the relation of the attack by Cresap -on the unoffending Indians, he exclaimed in their hearing, that it was -an atrocious murder; on which Mr. Smith threatened the deponent with -the tomahawk; so that he was obliged to be cautious, fearing an injury, -as the party appeared to have lost, in a great degree, sentiments of -humanity as well as the effects of civilization. Sworn and subscribed -at Washington, the 20th day of April, Anno Domini 1798. - - Before SAMUEL SHANNON. JAMES CHAMBERS. - - * * * * * - - Washington County, ss. - - [Sidenote: SEAL.] - -I, David Reddick, prothonotary of the court of common pleas, for the -county of Washington in the State of Pennsylvania, do certify that Samuel -Shannon, Esq., before whom the within affidavit was made, was, at the -time thereof, and still is, a justice of the peace in and for the county -of Washington aforesaid; and that full credit is due to all his judicial -acts as such as well in courts of justice as thereout. - -In testimony whereof I have hereunto set my hand and affixed the seal -of my office at Washington, the 26th day of April, Anno Dom. 1798. - - DAVID REDDICK. - - * * * * * - - - _The certificate of Charles Polke, of Shelby County, in - Kentucky, communicated by the Hon. Judge Innes, of Kentucky, - who in the letter enclosing it, together with Newland's - certificate, and his own declaration of the information given - him by Baker, says, "I am well acquainted with John Newland, - he is a man of integrity. Charles Polke and Joshua Baker both - support respectable characters."_ - - [Sidenote: 3] - - [Sidenote: 2] - -About the latter end of April or beginning of May 1774, I lived on the -waters of Cross creek, about sixteen miles from Joshua Baker, who lived -on the Ohio, opposite the mouth of Yellow Creek. A number of persons -collected at my house, and proceeded to the said Baker's and murdered -several Indians, among whom was a woman said to be the sister of the -Indian chief, Logan. The principal leader of the party was Daniel -Great-house. To the best of my recollection the cause which gave rise -to the murder was a general idea that the Indians were meditating an -attack on the frontiers. Capt. Michael Cresap was not of the party; but -I recollect that some time before the perpetration of the above fact it -was currently reported that Capt. Cresap had murdered some Indians on -the Ohio, one or two, some distance below Wheeling. - -Certified by me, an inhabitant of Shelby county and State of Kentucky, -this 25th day of November, 1799. - - CHARLES POLKE. - - * * * * * - - _The Declaration of the Hon. Judge Innes, of Frankfort, in - Kentucky._ - - [Sidenote: 3] - - [Sidenote: 1] - -On the 14th of November, 1799, I accidentally met upon the road Joshua -Baker, the person referred to in the certificate signed by Polke, who -informed me that the murder of the Indians in 1774, opposite the mouth -of Yellow Creek, was perpetrated at his house by thirty-two men, led on -by Daniel Great-house; that twelve were killed and six or eight wounded; -among the slain was a sister and other relations of the Indian chief, -Logan. Baker says, Captain Michael Cresap was not of the party; that some -days preceding the murder at his house two Indians left him and were on -their way home; that they fell in with Capt. Cresap and a party of land -improvers on the Ohio, and were murdered, if not by Cresap himself, with -his approbation; he being the leader of the party, and that he had this -information from Cresap. - - HARRY INNES. - - * * * * * - - _The Declaration of William Robinson._ - -William Robinson, of Clarksburg, in the county of Harrison, and State of -Virginia, subscriber to these presents, declares that he was, in the year -1774, a resident on the west fork of Monongahela river, in the county -then called West Augusta, and being in his field on the 12th of July, -with two other men, they were surprised by a party of eight Indians, -who shot down one of the others and made himself and the remaining one -prisoners; this subscriber's wife and four children having been previously -conveyed by him for safety to a fort about twenty-four miles off; that -the principal Indian of the party which took them was Captain Logan; that -Logan spoke English well, and very soon manifested a friendly disposition -to this subscriber, and told him to be of good heart, that he would not -be killed, but must go with him to his town, where he would probably be -adopted in some of their families; but above all things, that he must -not attempt to run away; that in the course of the journey to the Indian -town he generally endeavored to keep close to Logan, who had a great -deal of conversation with him, always encouraging him to be cheerful and -without fear; for that he would not be killed, but should become one of -them; and constantly impressing on him not to attempt to run away; that -in these conversations he always charged Capt. Michael Cresap with the -murder of his family; that on his arrival in the town, which was on the -18th of July, he was tied to a stake and a great debate arose whether he -should not be burnt; Logan insisted on having him adopted, while others -contended to burn him; that at length Logan prevailed, tied a belt of -wampum round him as the mark of adoption, loosed him from the post and -carried him to the cabin of an old squaw, where Logan pointed out a person -who he said was this subscriber's cousin; and he afterwards understood -that the old woman was his aunt, and two others his brothers, and that -he now stood in the place of a warrior of the family who had been killed -at Yellow Creek; that about three days after this Logan brought him a -piece of paper, and told him he must write a letter for him, which he -meant to carry and leave in some house where he should kill somebody; -that he made ink with gun powder, and the subscriber proceeded to write -the letter by his direction, addressing Captain Michael Cresap in it, -and that the purport of it was, to ask "why he had killed his people? -That some time before they had killed his people at some place, (the -name of which the subscriber forgets,) which he had forgiven; but since -that he had killed his people again at Yellow Creek, and taken his -cousin, a little girl, prisoner; that therefore he must war against the -whites; but that he would exchange the subscriber for his cousin." And -signed it with Logan's name, which letter Logan took and set out again -to war; and the contents of this letter, as recited by the subscriber, -calling to mind that stated by Judge Innes to have been left, tied to -a war club, in a house where a family was murdered, and that being read -to the subscriber, he recognizes it, and declares he verily believes it -to have been the identical letter which he wrote, and supposes he was -mistaken in stating as he has done before from memory, that the offer -of exchange was proposed in the letter; that it is probable that it was -only promised him by Logan, but not put in the letter; while he was with -the old woman, she repeatedly endeavored to make him sensible that she -had been of the party at Yellow Creek, and, by signs, showed him how -they decoyed her friends over the river to drink, and when they were -reeling and tumbling about, tomahawked them all, and that whenever she -entered on this subject she was thrown into the most violent agitations, -and that he afterwards understood that, amongst the Indians killed at -Yellow Creek, was a sister of Logan, very big with child, whom they -ripped open, and stuck on a pole; that he continued with the Indians -till the month of November, when he was released in consequence of the -peace made by them with Lord Dunmore; that, while he remained with them, -the Indians in general were very kind to him; and especially those who -were his adopted relations; but above all, the old woman and family in -which he lived, who served him with everything in their power, and never -asked, or even suffered him to do any labor, seeming in truth to consider -and respect him as the friend they had lost. All which several matters -and things, so far as they are stated to be of his own knowledge, this -subscriber solemnly declares to be true, and so far as they are stated on -information from others, he believes them to be true. Given and declared -under his hand at Philadelphia, this 28th day of February, 1800. - - WILLIAM ROBINSON. - - * * * * * - - _The deposition of Colonel William M'Kee, of Lincoln County, - Kentucky, communicated by the Hon. John Brown, one of the - Senators in Congress from Kentucky._ - -Colonel William M'Kee of Lincoln county, declareth, that in autumn, -1774, he commanded as a captain in the Bottetourt Regiment under Colonel -Andrew Lewis, afterwards General Lewis; and fought in the battle at the -mouth of Kanhaway, on the 10th of October in that year. That after the -battle, Colonel Lewis marched the militia across the Ohio, and proceeded -towards the Shawnee towns on Sciota; but before they reached the towns, -Lord Dunmore, who was Commander-in-Chief of the army, and had, with a -large part thereof, been up the Ohio about Hockhockin, when the battle -was fought, overtook the militia, and informed them of his having since -the battle concluded a treaty with the Indians; upon which the whole -army returned. - -And the said William declareth that, on the evening of that day on -which the junction of the troops took place, he was in company with Lord -Dunmore and several of his officers, and also conversed with several who -had been with Lord Dunmore at the treaty; said William, on that evening, -heard repeated conversations concerning an extraordinary speech at the -treaty, or sent there by a chieftain of the Indians named Logan, and -heard several attempts at a rehearsal of it. The speech as rehearsed -excited the particular attention of said William, and the most striking -members of it were impressed on his memory. - -And he declares that when Thomas Jefferson's "Notes on Virginia" were -published, and he came to peruse the same, he was struck with the -speech of Logan as there set forth, as being substantially the same, -and accordant with the speech he heard rehearsed in the camp as aforesaid. - - Signed, WILLIAM M'KEE. - DANVILLE, December 18th, 1799. - -We certify that Colonel William M'Kee this day signed the original -certificate, of which the foregoing is a true copy, in our presence. - - JAMES SPEED, Junior. - J. H. DEWEES. - - * * * * * - - _The Certificate of the Honorable Stevens Thompson Mason, one - of the Senators in Congress from the State of Virginia._ - -"Logan's Speech, delivered at the Treaty, after the battle in which -Colonel Lewis was killed in 1774." - -[Here follows a copy of the speech agreeing verbatim with that printed -in Dixon and Hunter's Virginia Gazette of February 4, 1775, under the -Williamsburg head. At the foot is this certificate.] - -"The foregoing is a copy taken by me, when a boy, at school, in the year -1775, or at farthest in 1776, and lately found in an old pocket-book, -containing papers and manuscripts of that period. - - STEVENS THOMPSON MASON. - - "January 20th, 1798." - - * * * * * - - _A copy of Logan's speech, given by the late General Mercer, - who fell in the battle of Trenton, January 1776, to Lewis - Willis, Esquire, of Fredericksburg, in Virginia, upwards of - twenty years ago, (from the date of February 1798,) communicated - through Mann Page, Esquire._ - -"The speech of Logan, a Shawanese chief, to Lord Dunmore." - -[Here follows a copy of the speech, agreeing verbatim with that in the -Notes on Virginia.] - -A copy of Logan's speech from the Notes on Virginia having been sent -to Captain Andrew Rodgers, of Kentucky, he subjoined the following -certificate. - -In the year 1774 I was out with the Virginia Volunteers, and was in the -battle at the mouth of Canhawee, and afterwards proceeded over the Ohio -to the Indian towns. I did not hear Logan make the above speech; but -from the unanimous accounts of those in camp, I have reason to think -that said speech was delivered to Dunmore. I remember to have heard the -very things contained in the above speech, related by some of our people -in camp at that time. - - ANDREW RODGERS. - - * * * * * - - _The declaration of Mr. John Heckewelder, for several years - a missionary from the society of Moravians, among the western - Indians._ - -In the spring of the year 1774, at a time when the interior part of -the Indian country all seemed peace and tranquil, the villagers on the -Muskingum were suddenly alarmed by two runners (Indians), who reported -"that the Big Knife (Virginians) had attacked the Mingo settlement, -on the Ohio, and butchered even the women with their children in their -arms, and that Logan's family were among the slain." A day or two after -this several Mingoes made their appearance; among whom were one or two -wounded, who had in this manner effected their escape. Exasperated to a -high degree, after relating the particulars of this transaction, (which -for humanity's sake I forbear to mention,) after resting some time on -the treachery of the Big Knives, of their barbarity to those who are -their friends, they gave a figurative description of the perpetrators; -named Cresap as having been at the head of this murderous act. They made -mention of nine being killed, and two wounded; and were prone to take -revenge on any person of a white color; for which reason the missionaries -had to shut themselves up during their stay. From this time terror daily -increased. The exasperated friends and relations of these murdered women -and children, with the nations to whom they belonged, passed and repassed -through the villages of the quiet Delaware towns, in search of white -people, making use of the most abusive language to these (the Delawares), -since they would not join in taking revenge. Traders had either to hide -themselves, or try to get out of the country the best way they could. And -even at this time, they yet found such true friends among the Indians, -who, at the risk of their own lives, conducted them, with the best part -of their property, to Pittsburg; although, (shameful to relate!) these -benefactors were, on their return from this mission, waylaid, and fired -upon by whites, while crossing Big Beaver in a canoe, and had one man, a -Shawanese, named Silverheels, (a man of note in his nation,) wounded in -the body. This exasperated the Shawanese so much, that they, or at least -a great part of them, immediately took an active part in the cause; and -the Mingoes, (nearest connected with the former,) became unbounded in -their rage. A Mr. Jones, son to a respectable family of this neighborhood -(Bethlehem), who was then on his passage up Muskinghum, with two other -men, was fortunately espied by a friendly Indian woman, at the falls -of Muskinghum; who through motives of humanity alone, informed Jones -of the nature of the times, and that he was running right in the hands -of the enraged; and put him on the way, where he might perhaps escape -the vengeance of the strolling parties. One of Jones's men, fatigued by -travelling in the woods, declared he would rather die than remain longer -in this situation; and hitting accidentally on a path, he determined to -follow the same. A few hundred yards decided his fate. He was met by a -party of about fifteen Mingoes, (and as it happened, almost within sight -of White Eyes town,) murdered, and cut to pieces; and his limbs and flesh -stuck up on the bushes. White Eyes, on hearing the scalp halloo, ran -immediately out with his men, to see what the matter was; and finding -the mangled body in this condition, gathered the whole and buried it. -But next day when some of the above party found on their return the body -interred, they instantly tore up the ground, and endeavored to destroy -or scatter about, the parts at a greater distance. White Eyes, with the -Delawares, watching their motions, gathered and interred the same a second -time. The war party finding this out, ran furiously into the Delaware -village, exclaiming against the conduct of these people, setting forth -the cruelty of Cresap towards women and children, and declaring at the -same time, that they would, in consequence of this cruelty, serve every -white man they should meet with in the same manner. Times grew worse -and worse, war parties went out and took scalps and prisoners, and the -latter, in hopes it might be of service in saving their lives, exclaimed -against the barbarous act which gave rise to these troubles and against -the perpetrators. The name of Great-house was mentioned as having been -accomplice to Cresap. So detestable became the latter name among the -Indians, that I have frequently heard them apply it to the worst of -things; also in quieting or stilling their children, I have heard them -say, hush! Cresap will fetch you; whereas otherwise, they name the Owl. -The warriors having afterwards bent their course more toward the Ohio, -and down the same, peace seemed with us already on the return; and this -became the case soon after the decided battle fought on the Kanhaway. -Traders, returning now into the Indian country again, related the story -of the above-mentioned massacre, _after the same manner, and with the -same words_, we have heard it related hitherto. So the report remained, -and was believed by all who resided in the Indian country. So it was -represented numbers of times, in the peaceable Delaware towns, by the -enemy. So the christian Indians were continually told they would one day -be served. With this impression, a petty chief hurried all the way from -Wabash in 1779, to take his relations (who were living with the peaceable -Delawares near Coshachking) out of the reach of the Big Knives, in whose -friendship he never more would place any confidence. And when this man -found that his numerous relations would not break friendship with the -Americans, nor be removed, he took two of his relations (women) off by -force, saying, "The whole crop should not be destroyed; I will have seed -out of it for a new crop;" alluding to, and repeatedly reminding those -of the family of Logan, who he said had been real friends to the whites, -and yet were cruelly murdered by them. - -In Detroit, where I arrived the same Spring, the report respecting the -murder of the Indians on the Ohio (amongst whom was Logan's family) was -the same as related above; and on my return to the United States in the -fall of 1786, and from that time, whenever and wherever in my presence, -this subject was the topic of conversation, I found the report still the -same; viz. that a person, bearing the name of Cresap, was the author, -or perpetrator of this deed. - -Logan was the second son of Shikellemus, a celebrated chief of the -Cayuga nation. This chief, on account of his attachment to the English -government, was of great service to the country, having the confidence of -all the Six Nations, as well as that of the English, he was very useful -in settling disputes, &c., &c. He was highly esteemed by Conrad Weisser, -Esq., (an officer for government in the Indian department), with whom -he acted conjunctly, and was faithful unto his death. His residence was -at Shamokin, where he took great delight in acts of hospitality to such -of the white people whose business led them that way.[73] His name and -fame were so high on record, that Count Zinzendorf, when in this country -in 1742, became desirous of seeing him, and actually visited him at his -house in Shamokin.[74] About the year 1772, Logan was introduced to me -by an Indian friend, as son to the late reputable chief Shikellemus, -and as a friend to the white people. In the course of conversation -I thought him a man of superior talents than Indians generally were. -The subject turning on vice and immorality, he confessed his too great -share of this, especially his fondness for liquor. He exclaimed against -the white people for imposing liquors upon the Indians; he otherwise -admired their ingenuity; spoke of gentlemen, but observed the Indians -unfortunately had but few of these as their neighbors, &c. He spoke of -his friendship to the white people, wished always to be a neighbor to -them, intended to settle on the Ohio, below Big Beaver; was (to the best -of my recollection) then encamped at the mouth of this river, (Beaver,) -urged me to pay him a visit, &c. Note. I was then living at the Moravian -town on this river, in the neighborhood of Cuskuskee. In April 1773, -while on my passage down the Ohio for Muskinghum, I called at Logan's -settlement; where I received every civility I could expect from such of -the family as were at home. - -Indian reports concerning Logan, after the death of his family, ran -to this; that he exerted himself during the Shawanese war, (then so -called,) to take all the revenge he could, declaring he had lost all -confidence in the white people. At the time of negotiation, he declared -his reluctance in laying down the hatchet, not having (in his opinion) -yet taken ample satisfaction; yet, for the sake of the nation, he would -do it. His expressions, from time to time, denoted a deep melancholy. Life -(said he) had become a torment to him: he knew no more what pleasure was: -he thought it had been better if he had never existed, &c., &c. Report -further states, that he became in some measure delirious, declared he -would kill himself, went to Detroit, drank very freely, and did not seem -to care what he did, and what became of himself. In this condition he -left Detroit, and on his way between that place and Miami was murdered. -In October, 1781, (while as prisoner on my way to Detroit,) I was shown -the spot where this should have happened. Having had an opportunity -since last June of seeing the Rev. David Zeisberger, senior, missionary -to the Delaware nation of Indians, who had resided among the same on -Muskinghum, at the time when the murder was committed on the family of -Logan, I put the following questions to him; first, who he had understood -it was that had committed the murder on Logan's family? and secondly, -whether he had any knowledge of a speech sent to Lord Dunmore by Logan, -in consequence of this affair, &c. To which Mr. Zeisberger's answer -was: That he had, from that time when this murder was committed to the -present day, firmly believed the common report (which he had never heard -contradicted) viz., that one Cresap was the author of the massacre; or -that it was committed by his orders; and that he had known Logan as a boy, -had frequently seen him from that time, and doubted not in the least, -that Logan had sent such a speech to Lord Dunmore on this occasion, -as he understood from me had been published; that expressions of that -kind from Indians were familiar to him; that Logan in particular was a -man of quick comprehension, good judgment and talents. Mr. Zeisberger -has been a missionary upwards of fifty years; his age is about eighty; -speaks both the language of the Onondagoes and the Delawares; resides at -present on the Muskinghum, with his Indian congregation; and is beloved -and respected by all who are acquainted with him. - - JOHN HECKEWELDER. - - * * * * * - - _From this testimony the following historical statement - results:_ - -In April or May, 1774, a number of people being engaged in looking out -for settlements on the Ohio, information was spread among them, that the -Indians had robbed some of the land-jobbers, as those adventurers were -called. Alarmed for their safety, they collected together at Wheeling -Creek. [75]Hearing there that there were two Indians and some traders a -little above Wheeling, Captain Michael Cresap, one of the party, proposed -to waylay and kill them. The proposition, though opposed, was adopted. -A party went up the river, with Cresap at their head, and killed the -two Indians. - -[76]The same afternoon it was reported that there was a party of Indians -on the Ohio, a little below Wheeling. Cresap and his party immediately -proceeded down the river, and encamped on the bank. The Indians passed -him peaceably, and encamped at the mouth of Grave Creek, a little below. -Cresap and his party attacked them, and killed several. The Indians -returned the fire, and wounded one of Cresap's party. Among the slain of -the Indians were some of Logan's family. Colonel Zane indeed expresses a -doubt of it; but it is affirmed by Huston and Chambers. Smith, one of the -murderers, said they were known and acknowledged to be Logan's friends, -and the party themselves generally said so; boasted of it in presence -of Cresap; pretended no provocation; and expressed their expectations -that Logan would probably avenge their deaths. - -Pursuing these examples, [77]Daniel Great-house, and one Tomlinson, -who lived on the opposite side of the river from the Indians, and were -in habits of friendship with them, collected, at the house of Polke, -on Cross Creek, about 16 miles from Baker's Bottom, a party of 32 men. -Their object was to attack a hunting encampment of Indians, consisting -of men, women, and children, at the mouth of Yellow Creek, some distance -above Wheeling. They proceeded, and when arrived near Baker's Bottom, -they concealed themselves, and Great-house crossed the river to the -Indian camp. Being among them as a friend, he counted them, and found -them too strong for an open attack with his force. While here, he was -cautioned by one of the women not to stay, for that the Indian men were -drinking, and having heard of Cresap's murder of _their relations_ at -Grave Creek, were angry, and she pressed him in a friendly manner, to go -home; whereupon, after inviting them to come over and drink, he returned -to Baker's, which was a tavern, and desired that when any of them should -come to his house he would give them as much rum as they would drink. -When his plot was ripe, and a sufficient number of them were collected -at Baker's, and intoxicated, he and his party fell on them and massacred -the whole, except a little girl, whom they preserved as a prisoner. -Among these was the very woman who had saved his life, by pressing him to -retire from the drunken wrath of her friends, when he was spying their -camp at Yellow Creek. Either she herself, or some other of the murdered -women, was the sister of Logan, very big with child, and inhumanly and -indecently butchered; and there were others of his relations who fell -here. - -The party on the other side of the river,[78] alarmed for their friends -at Baker's, on hearing the report of the guns, manned two canoes and -sent them over. They were received, as they approached the shore, by a -well-directed fire from Great-house's party, which killed some, wounded -others, and obliged the rest to put back. Baker tells us there were -twelve killed, and six or eight wounded. - -This commenced the war, of which Logan's war-club and note left in the -house of a murdered family, was the notification. In the course of it, -during the ensuing summer, a great number of innocent men, women, and -children, fell victims to the tomahawk and scalping knife of the Indians, -till it was arrested in the autumn following by the battle at Point -Pleasant, and the pacification with Lord Dunmore, at which the speech -of Logan was delivered. - -Of the genuineness of that speech nothing need be said. It was known to -the camp where it was delivered; it was given out by Lord Dunmore and his -officers; it ran through the public papers of these States; was rehearsed -as an exercise at schools; published in the papers and periodical works -of Europe; and all this, a dozen years before it was copied into the -Notes on Virginia. In fine, General Gibson concludes the question for -ever, by declaring that he received it from Logan's hand, delivered it -to Lord Dunmore, translated it for him, and that the copy in the Notes -on Virginia is a faithful copy. - -The popular account of these transactions, as stated in the Notes -on Virginia, appears, on collecting exact information, imperfect and -erroneous in its details. It was the belief of the day; but how far -its errors were to the prejudice of Cresap, the reader will now judge. -That he, and those under him, murdered two Indians above Wheeling; that -they murdered a large number at Grave Creek, among whom were a part of -the family and relations of Logan, cannot be questioned; and as little -that this led to the massacre of the rest of the family at Yellow Creek. -Logan imputed the whole to Cresap, in his war-note and peace-speech: the -Indians generally imputed it to Cresap: Lord Dunmore and his officers -imputed it to Cresap: the country, with one accord, imputed it to him: -and whether he were innocent, let the universal verdict now declare. - - [Illustration: Map] - - * * * * * - - _The declaration of John Sappington, received after the - publication of the preceding Appendix._ - -I, JOHN SAPPINGTON, declare myself to be intimately acquainted with all -the circumstances respecting the destruction of Logan's family, and do -give in the following narrative, a true statement of that affair: - -"Logan's family (if it was his family) was not killed by Cresap, nor -with his knowledge, nor by his consent, but by the Great-houses and -their associates. They were killed 30 miles above Wheeling, near the -mouth of Yellow Creek. Logan's camp was on one side of the river Ohio, -and the house, where the murder was committed, opposite to it on the -other side. They had encamped there only four or five days, and during -that time had lived peaceably and neighbourly with the whites on the -opposite side, until the very day the affair happened. A little before -the period alluded to, letters had been received by the inhabitants from -a man of great influence in that country, and who was then, I believe, -at Capteener, informing them that war was at hand, and desiring them -to be on their guard. In consequence of those letters and other rumors -of the same import, almost all the inhabitants fled for safety into the -settlements. It was at the house of one Baker the murder was committed. -Baker was a man who sold rum, and the Indians had made frequent visits -at his house, induced, probably, by their fondness for that liquor. He -had been particularly desired by Cresap to remove and take away his rum, -and he was actually preparing to move at the time of the murder. The -evening before, a squaw came over to Baker's house, and by her crying -seemed to be in great distress. The cause of her uneasiness being asked, -she refused to tell; but getting Baker's wife alone, she told her that -the Indians were going to kill her and all her family the next day, that -she loved her, did not wish her to be killed, and therefore told her -what was intended, that she might save herself. In consequence of this -information, Baker got a number of men, to the amount of twenty-one, to -come to his house, and they were all there before morning. A council -was held, and it was determined that the men should lie concealed in -the back apartment; that if the Indians did come, and behaved themselves -peaceably, they should not be molested; but if not, the men were to show -themselves, and act accordingly. Early in the morning, seven Indians, -four men and three squaws, came over. Logan's brother was one of them. -They immediately got rum, and all, except Logan's brother, became very -much intoxicated. At this time all the men were concealed, except the -man of the house, Baker, and two others who staid out with him. Those -Indians came unarmed. After some time Logan's brother took down a coat -and hat, belonging to Baker's brother-in-law, who lived with him, and -put them on, and setting his arms a-kimbo, began to strut about, till at -length coming up to one of the men, he attempted to strike him, saying, -"White man, son of a bitch." The white man, whom he treated thus, kept -out of his way for some time; but growing irritated, he jumped to his -gun, and shot the Indian as he was making to the door with the coat -and hat on him. The men who lay concealed then rushed out, and killed -the whole of them, excepting one child, which I believe is alive yet. -But before this happened, one with two, the other with five Indians, -all naked, painted, and armed completely for war, were discovered to -start from the shore on which Logan's camp was. Had it not been for this -circumstance, the white men would not have acted as they did; but this -confirmed what the squaw had told before. The white men, having killed, -as aforesaid, the Indians in the house, ranged themselves along the bank -of the river, to receive the canoes. The canoe with the two Indians came -near, being the foremost. Our men fired upon them and killed them both. -The other canoe then went back. After this, two other canoes started, -the one containing eleven, the other seven, Indians, painted and armed -as the first. They attempted to land below our men, but were fired upon; -had one killed, and retreated, at the same time firing back. To the best -of my recollection there were three of the Great-houses engaged in this -business. This is a true representation of the affair from beginning to -end. I was intimately acquainted with Cresap, and know he had no hand -in that transaction. He told me himself afterwards, at Redstone Old -Fort, that the day before Logan's people were killed, he, with a small -party, had an engagement with a party of Indians on Capteener, about -forty-four miles lower down. Logan's people were killed at the mouth of -Yellow Creek, on the 24th of May, 1774; and the 23d, the day before, -Cresap was engaged as already stated. I know, likewise, that he was -generally blamed for it, and believed by all who were not acquainted -with the circumstances to have been the perpetrator of it. I know that -he despised and hated the Great-houses ever afterwards on account of it. -I was intimately acquainted with General Gibson, and served under him -during the late war, and I have a discharge from him now lying in the -land-office at Richmond, to which I refer any person for my character, -who might be disposed to scruple my veracity. I was likewise at the -treaty held by Lord Dunmore with the Indians, at Chelicothe. As for the -speech said to have been delivered by Logan on that occasion, it might -have been, or might not, for anything I know, as I never heard of it till -long afterwards. I do not believe that Logan had any relations killed, -except his brother. Neither of the squaws who were killed was his wife. -Two of them were old women, and the third, with her child, which was -saved, I have the best reason in the world to believe was the wife and -child of General Gibson. I know he educated the child, and took care of -it, as if it had been his own. Whether Logan had a wife or not, I can't -say; but it is probable that as he was a chief, he considered them all -as his people. All this I am ready to be qualified to at any time. - - JOHN SAPPINGTON. - Attest, SAMUEL M'KEE, Junr. - - * * * * * - - Madison County, Feb. 13th, 1800. - -I do certify further, that the above-named John Sappington told me, at -the same time and place at which he gave me the above narrative, that -he himself was the man who shot the brother of Logan in the house, as -above-related, and that he likewise killed one of the Indians in one of -the canoes, which came over from the opposite shore. - -He likewise told me, that Cresap never said an angry word to him about -the matter, although he was frequently in company with Cresap, and indeed -had been, and continued to be, in habits of intimacy with that gentleman, -and was always befriended by him on every occasion. He further told me, -that after they had perpetrated the murder, and were flying into the -settlement, he met with Cresap (if I recollect right, at Redstone Old -Fort); and gave him a scalp, a very large fine one, as he expressed it, -and adorned with silver. This scalp, I think he told me, was the scalp -of Logan's brother; though as to this I am not absolutely certain. - - Certified by - SAMUEL M'KEE, Junr. - -FOOTNOTES: - - [71] In connection with this appendix see letter to Governor - Henry, printed as Note in p. 309. - - [72] The popular pronunciation of Tomlinson, which was the real - name. - - [73] The preceding account of Shikellemus, (Logan's father,) - is copied from manuscripts of the Rev. C. Pyrlæus, written - between the years 1741 and 1748. - - [74] See G. H. Loskiel's history of the Mission of the United - Brethren, &c. Part II. Chap. 11, Page 31. - - [75] First murder of the two Indians by Cresap. - - [76] Second murder on Grave Creek. - - [77] Massacre at Baker's Bottom, opposite Yellow Creek, by - Great-house. - - [78] Fourth murder, by Great-house. - - - - -PART II. - -BIOGRAPHICAL SKETCHES OF DISTINGUISHED MEN. - - -BIOGRAPHICAL SKETCH OF PEYTON RANDOLPH. - -Peyton Randolph was the eldest son of Sir John Randolph, -of Virginia, a barrister at law, and an eminent practitioner at the -bar of the General Court. Peyton was educated at the College -of William and Mary in Williamsburg, and thence went to England, -and studied law at the Temple. At his return he intermarried -with Elizabeth Harrison, sister of the afterwards Governor -Harrison, entered into practice in the General Court, was afterwards -appointed the king's Attorney General for the colony, and -became a representative in the House of Burgesses (then so -called) for the city of Williamsburg. - -Governor Dinwiddie having, about this period, introduced the -exaction of a new fee on his signature of grants for lands, without -the sanction of any law, the House of Burgesses remonstrated -against it, and sent Peyton Randolph to England, as their -agent to oppose it before the king and council. The interest of -the governor, as usual, prevailed against that of the colony, and -his new exaction was confirmed by the king. - -After Braddock's defeat on the Monongahela, in 1755, the incursions -of the Indians on our frontiers spread panic and dismay -through the whole country, insomuch that it was scarcely possible -to procure men, either as regulars or militia, to go against -them. To counteract this terror and to set good example, a number -of the wealthiest individuals of the colony, and the highest standing -in it, in public as well as in their private relations, associated -under obligations to furnish each of them two able-bodied men, -at their own expense, to form themselves into a regiment under -the denomination of the Virginia Blues, to join the colonial force -on the frontier, and place themselves under its commander, -George Washington, then a colonel. They appointed William -Byrd, a member of the council, colonel of the regiment, and -Peyton Randolph, I think, had also some command. But the -original associators had more the will than the power of becoming -effective soldiers. Born and bred in the lap of wealth, all the -habits of their lives were of ease, indolence and indulgence. -Such men were little fitted to sleep under tents, and often without -them, to be exposed to all the intemperances of the seasons, to -swim rivers, range the woods, climb mountains, wade morasses, -to skulk behind trees, and contend as sharp shooters with the -savages of the wilderness, who in all the scenes and exercises -would be in their natural element. Accordingly, the commander -was more embarrassed with their care, than reinforced by their -service. They had the good fortune to see no enemy, and to -return at the end of the campaign rewarded by the favor of the -public for this proof of their generous patriotism and good will. - -When afterwards, in 1764, on the proposal of the Stamp Act, -the House of Burgesses determined to send an address against it -to the king, and memorials to the Houses of Lord and Commons, -Peyton Randolph, George Wythe, and (I think) Robert C. Nicholas, -were appointed to draw these papers. That to the king was -by Peyton Randolph, and the memorial to the Commons was by -George Wythe. It was on the ground of these papers that those -gentlemen opposed the famous resolutions of Mr. Henry in 1765, -to wit, that the principles of these resolutions had been asserted -and maintained in the address and memorials of the year before, -to which an answer was yet to be expected. - -On the death of the speaker, Robinson, in 1766, Peyton Randolph -was elected speaker. He resigned his office of Attorney -General, in which he was succeeded by his brother Randolph, -father of the late Edmund Randolph, and retired from the bar. -He now devoted himself solely to his duties as a legislator, and -although sound in his principles, and going steadily with us in -opposition to the British usurpations, he, with the other older -members, yielded the lead to the younger, only tempering their -ardor, and so far moderating their pace as to prevent their going -too far in advance of the public sentiment. - -On the establishment of a committee by the legislature, to -correspond with the other colonies, he was named their chairman, -and their first proposition to the other colonies was to appoint -similar committees, who might consider the expediency of -calling a general Congress of deputies in order to procure a harmony -of procedure among the whole. This produced the call -of the first Congress, to which he was chosen a delegate, by the -House of Burgesses, and of which he was appointed, by that -Congress, its president. - -On the receipt of what was called Lord North's conciliatory -proposition, in 1775, Lord Dunmore called the General Assembly -and laid it before them. Peyton Randolph quitted the chair of -Congress, in which he was succeeded by Mr. Hancock, and repaired -to that of the House which had deputed him. Anxious -about the tone and spirit of the answer which should be given -(because being the first it might have effect on those of the -other colonies), and supposing that a younger pen would be more -likely to come up to the feelings of the body he had left, he requested -me to draw the answer, and steadily supported and carried -it through the House, with a few softenings only from the -more timid members. - -After the adjournment of the House of Burgesses he returned -to Congress, and died there of an apoplexy, on the 22d of October -following, aged, as I should conjecture, about fifty years. - -He was indeed a most excellent man; and none was ever -more beloved and respected by his friends. Somewhat cold and -coy towards strangers, but of the sweetest affability when ripened -into acquaintance. Of attic pleasantry in conversation, always -good humored and conciliatory. With a sound and logical head, -he was well read in the law; and his opinions when consulted, -were highly regarded, presenting always a learned and sound -view of the subject, but generally, too, a listlessness to go into its -thorough development; for being heavy and inert in body, he -was rather too indolent and careless for business, which occasioned -him to get a smaller proportion of it at the bar than his -abilities would otherwise have commanded. Indeed, after his -appointment as Attorney General, he did not seem to court, nor -scarcely to welcome business. In that office he considered himself -equally charged with the rights of the colony as with those -of the crown; and in criminal prosecutions exaggerating nothing, -he aimed at a candid and just state of the transaction, believing -it more a duty to save an innocent than to convict a -guilty man. Although not eloquent, his matter was so substantial -that no man commanded more attention, which, joined with -a sense of his great worth, gave him a weight in the House of -Burgesses which few ever attained. He was liberal in his expenses, -but correct also, so as not to be involved in pecuniary -embarrassments; and with a heart always open to the amiable -sensibilities of our nature, he did as many good acts as could -have been done with his fortune, without injuriously impairing -his means of continuing them. He left no issue, and gave his -fortune to his widow and nephew, the late Edmund Randolph. - - -BIOGRAPHICAL SKETCH OF MERIWETHER LEWIS.[79] - -Meriwether Lewis, late Governor of Louisiana, was born on -the 18th of August, 1774, near the town of Charlottesville, in -the county of Albemarle, in Virginia, of one of the distinguished -families of that State. John Lewis, one of his father's uncles, -was a member of the King's Council before the revolution; another -of them, Fielding Lewis, married a sister of General Washington. -His father, William Lewis, was the youngest of five -sons of Colonel Robert Lewis of Albemarle, the fourth of whom, -Charles, was one of the early patriots who stepped forward in the -commencement of the revolution, and commanded one of the -regiments first raised in Virginia, and placed on continental establishment. -Happily situated at home with a wife and young -family, and a fortune placing him at ease, he left all to aid in -the liberation of his country from foreign usurpations, then first -unmasking their ultimate end and aim. His good sense, integrity, -bravery, enterprise and remarkable bodily powers, marked -him an officer of great promise; but he unfortunately died early -in the revolution. Nicholas Lewis, the second of his father's -brothers, commanded a regiment of militia in the successful expedition -of 1776, against the Cherokee Indians, who, seduced -by the agents of the British government to take up the hatchet -against us, had committed great havoc on our southern frontier, -by murdering and scalping helpless women and children according -to their cruel and cowardly principles of warfare. The chastisement -they then received closed the history of their wars, prepared -them for receiving the elements of civilization, which, -zealously inculcated by the present government of the United -States, have rendered them an industrious, peaceable and happy -people. This member of the family of Lewises, whose bravery -was so usefully proved on this occasion, was endeared to all who -knew him by his inflexible probity, courteous disposition, benevolent -heart, and engaging modesty and manners. He was the -umpire of all the private differences of his county, selected always -by both parties. He was also the guardian of Meriwether -Lewis, of whom we are now to speak, and who had lost his -father at an early age. He continued some years under the -fostering care of a tender mother, of the respectable family of -Meriwethers of the same county, and was remarkable even in -his infancy for enterprise, boldness and discretion. When only -eight years of age, he habitually went out, in the dead of the -night, alone with his dogs, into the forest to hunt the raccoon and -opossum, which, seeking their food in the night, can then only -be taken. In this exercise no season or circumstance could obstruct -his purpose, plunging through the winter's snows and -frozen streams in pursuit of his object. At thirteen, he was put -to the Latin school, and continued at that until eighteen, when -he returned to his mother, and entered on the cares of his farm, -having, as well as a younger brother, been left by his father -with a competency for all the correct and comfortable purposes -of temperate life. His talent for observation, which had led -him to an accurate knowledge of the plants and animals of his -own county, would have distinguished him as a farmer; but at -the age of twenty, yielding to the ardor of youth, and a passion -for more dazzling pursuits, he engaged as a volunteer in the -body of militia which were called out by General Washington, -on occasion of the discontents produced by the excise taxes in -the western parts of the United States; and from that situation -he was removed to the regular service as a lieutenant in the line. -At twenty-three he was promoted to a captaincy; and always -attracting the first attention where punctuality and fidelity were -requisite, he was appointed paymaster to his regiment. About -this time a circumstance occurred which, leading to the transaction -which is the subject of this book, will justify a recurrence -to its original idea. While I resided in Paris, John Ledyard of -Connecticut arrived there, well known in the United States for -energy of body and mind. He had accompanied Captain Cook -in his voyage to the Pacific ocean, and distinguished himself on -that voyage by his intrepidity. Being of a roaming disposition, -he was now panting for some new enterprise. His immediate -object at Paris was to engage a mercantile company in the fur -trade of the western coast of America, in which, however, he -failed. I then proposed to him to go by land to Kamschatka, -cross in some of the Russian vessels to Nootka Sound, fall down -into the latitude of the Missouri, and penetrate to and through -that to the United States. He eagerly seized the idea, and only -asked to be assured of the permission of the Russian government. -I interested in obtaining that M. de Simoulin, M. P. of the -Empress at Paris, but more especially the Baron de Grimm, M. -P. of Saxe-Gotha, her more special agent and correspondent -there, in matters not immediately diplomatic. Her permission -was obtained, and an assurance of protection while the course -of the voyage should be through her territories. Ledyard set -out from Paris and arrived at St. Petersburg after the Empress -had left that place to pass the winter (I think) at Moscow. His -finances not permitting him to make unnecessary stay at St. -Petersburg, he left it with a passport from one of the ministers, -and at two hundred miles from Kamschatka, was obliged to take -up his winter quarters. He was preparing in the spring to resume -his journey, when he was arrested by an officer of the -Empress, who, by this time, had changed her mind, and forbidden -his proceeding. He was put into a close carriage and conveyed -day and night, without ever stopping, till they reached -Poland, where he was set down and left to himself. The fatigue -of this journey broke down his constitution, and when he -returned to Paris, his bodily strength was much impaired. His -mind, however, remained firm; and after this he undertook the -journey to Egypt. I received a letter from him, full of sanguine -hopes, dated at Cairo, the 15th of November, 1788, the day before -he was to set out for the head of the Nile, on which day; however, -he ended his career and life; and thus failed the first attempt -to explore the western part of our northern continent. - -In 1792 I proposed to the A. P. S., that we should set on -foot a subscription to engage some competent person to explore -that region in the opposite direction, that is, by ascending -the Missouri, crossing the Stony mountains, and descending the -nearest river to the Pacific. Captain Lewis being then stationed -at Charlottesville on the recruiting service, warmly solicited me -to obtain for him the execution of that object. I told him it -was proposed that the person engaged should be attended by a -single companion only, to avoid exciting alarm among the Indians. -This did not deter him. But Mr. André Michaux, a -professed botanist, author of the "_Flora Boreali-Americana_," -and of the "_Histoire des chenes d'Amerique_," offering his services, -they were accepted. He received his instructions, and -when he had reached Kentucky in the prosecution of his journey, -he was overtaken by an order from the minister of France -then at Philadelphia, to relinquish the expedition, and to pursue -elsewhere the Botanical inquiries on which he was employed by -that government; and thus failed the second attempt for exploring -that region. - -In 1803, the act for establishing trading houses with the Indian -tribes being about to expire, some modifications of it were -recommended to Congress by a confidential message of January -18th, and an extension of its views to the Indians on the Missouri. -In order to prepare the way, the message proposed the -sending an exploring party to trace the Missouri to its source, to -cross the highlands and follow the best water communication -which offered itself from thence to the Pacific ocean. Congress -approved the proposition, and voted a sum of money for carrying -it into execution. Captain Lewis, who had then been near two -years with me as private secretary, immediately renewed his solicitations -to have the direction of the party. I had now had -opportunities of knowing him intimately. Of courage undaunted, -possessing a firmness and perseverance of purpose which nothing -but impossibilities could divert from its direction, careful as a -father of those committed to his charge, yet steady in the maintenance -of order and discipline, intimate with the Indian character, -customs and principles. Habituated to the hunting life, -guarded by exact observation of the vegetables and animals of -his own country, against losing time in the description of objects -already possessed, honest, disinterested, liberal, of sound understanding, -and a fidelity to truth so scrupulous that whatever he -should report would be as certain as if seen by ourselves, with -all these qualifications as if selected and implanted by nature in -one body, for this express purpose, I could have no hesitation in -confiding the enterprise to him. To fill up the measure desired, -he wanted nothing but a greater familiarity with the technical -language of the natural sciences, and readiness in the astronomical -observations necessary for the geography of his route. -To acquire these he repaired immediately to Philadelphia, and -placed himself under the tutorage of the distinguished professors -of that place, who, with a zeal and emulation, enkindled by an -ardent devotion to science, communicated to him freely the information -requisite for the purposes of the journey. While attending -to at Lancaster, the fabrication of the arms with which -he chose that his men should be provided, he had the benefit of -daily communication with Mr. Andrew Ellicott, whose experience -in astronomical observation and practice of it in the woods, enabled -him to apprize Captain Lewis of the wants and difficulties -he would encounter, and of the substitutes and resources offered -by a woodland and uninhabited country. Deeming it necessary -he should have some person with him of known competence to -the direction of the enterprise, and to whom he might confide -it, in the event of accident to himself, he proposed William -Clarke, brother of General George Rogers Clarke, who was approved, -and with that view received a commission of captain. - -In April, 1803, a draught of his instructions was sent to Captain -Lewis, and on the 20th of June they were signed in the following -form: - -"To Meriwether Lewis, Esquire, Captain of the 1st regiment -of infantry of the United States of America: - -"Your situation as Secretary of the President of the United -States has made you acquainted with the objects of my confidential -message of January 18th, 1803, to the legislature; you -have seen the act they passed, which, though expressed in general -terms, was meant to sanction those objects, and you are appointed -to carry them into execution. - -"Instruments for ascertaining by celestial observations, the -geography of the country through which you will pass, have -been already provided. Light articles for barter and presents -among the Indians, arms for your attendants, say for from ten -to twelve men, boats, tents and other travelling apparatus, with -ammunition, medicine, surgical instruments and provisions, you -will have prepared with such aids as the Secretary at War can -yield in his departments; and from him also you will receive authority -to engage among our troops, by voluntary agreement, the -number of attendants above mentioned, over whom you, as their -commanding officer, are invested with all the powers the laws -give in such a case. - -"As your movements while within the limits of the United -States will be better directed by occasional communications, -adapted to circumstances as they arise, they will not be noticed -here. What follows will respect your proceedings after your -departure from the United States. - -"Your mission has been communicated to the ministers here -from France, Spain and Great Britain, and through them to their -governments; and such assurances given them as to its objects, -as we trust will satisfy them. The country of Louisiana having -been ceded by Spain to France, the passport you have from -the minister of France, the representative of the present sovereign -of that country, will be a protection with all its subjects; -and that from the minister of England will entitle you to the -friendly aid of any traders of that allegiance with whom you -may happen to meet. - -"The object of your mission is to explore the Missouri river, -and such principal streams of it, as, by its course and communication -with the waters of the Pacific ocean, whether the Columbia, -Oregon, Colorado, or any other river, may offer the most direct -and practicable water communication across the continent -for the purposes of commerce. - -"Beginning at the mouth of the Missouri, you will take observations -of latitude and longitude at all remarkable points on the -river, and especially at the mouths of rivers, at rapids, at islands, -and other places and objects distinguished by such natural marks -and characters of a durable kind as that they may with certainty -be recognized hereafter. The courses of the river between these -points of observation may be supplied by the compass, the log-line -and by time, corrected by the observations themselves. The -variations of the compass too, in different places, should be -noticed. - -"The interesting points of the portage between the heads of -the Missouri, and of the water offering the best communication -with the Pacific ocean, should also be fixed by observation, and -the course of that water to the ocean, in the same manner as -that of the Missouri. - -"Your observations are to be taken with great pains and accuracy, -to be entered distinctly and intelligibly for others as well -as yourself, to comprehend all the elements necessary, with the -aid of the usual tables, to fix the latitude and longitude of the -places at which they were taken, and are to be rendered to the -war office, for the purpose of having the calculations made concurrently -by proper persons within the United States. Several -copies of these as well as of your other notes should be made at -leisure times, and put into the care of the most trust-worthy of -your attendants, to guard, by multiplying them, against the accidental -losses to which they will be exposed. A further guard -would be that one of these copies be on the paper of the birch, -as less liable to injury from damp than common paper. - -"The commerce which may be carried on with the people inhabiting -the line you will pursue, renders a knowledge of those -people important. You will, therefore, endeavor to make yourself -acquainted, as far as a diligent pursuit of your journey shall -admit, with the names of the nations and their numbers; the -extent of their possessions; their relations with other tribes or -nations; their language, traditions, monuments; their ordinary -occupations in agriculture, fishing, hunting, war, arts, and the -implements for these; their food, clothing and domestic accommodations; -the diseases prevalent among them, and the remedies -they use; moral and physical circumstances which distinguish -them from the tribes we know; peculiarities in their laws, customs -and dispositions; and articles of commerce they may need -or furnish, and to what extent; and, considering the interest -which every nation has in extending and strengthening the authority -of reason and justice among the people around them, it -will be useful to acquire what knowledge you can of the state -of morality, religion, and information among them, as it may -better enable those who may endeavor to civilize and instruct -them, to adopt their measures to the existing notions and practices -of those on whom they are to operate. - -"Other objects worthy of notice will be, the soil and face of -the country, its growth and vegetable productions, especially -those not of the United States, the animals of the country generally, -and especially those not known in the United States; the -remains and accounts of any which may be deemed rare or extinct; -the mineral productions of every kind, but particularly -metals, lime-stone, pit-coal and salt-petre; salines and mineral -waters, noting the temperature of the last, and such circumstances -as may indicate their character; volcanic appearances; climate, -as characterized by the thermometer, by the proportion of -rainy, cloudy, and clear days, by lightning, hail, snow, ice, by -the access and recess of frost, by the winds prevailing at different -seasons, the dates at which particular plants put forth or -lose their flower or leaf, times of appearance of particular birds, -reptiles or insects. - -"Although your route will be along the channel of the Missouri, -yet you will endeavor to inform yourself, by inquiry, of the -character and extent of the country watered by its branches, and -especially on its southern side. The north river, or Rio Bravo, -which runs into the Gulf of Mexico, and the north river, or Rio -Colorado, which runs into the Gulf of California, are understood -to be the principal streams heading opposite to the waters of -the Missouri, and running southwardly. Whether the dividing -grounds between the Missouri and them are mountains or flat -lands, what are their distance from the Missouri, the character of -the intermediate country, and the people inhabiting it, are -worthy of particular inquiry. The northern waters of the Missouri -are less to be inquired after, because they have been ascertained -to a considerable degree, and are still in a course of ascertainment -by English traders and travellers. But if you can -learn anything certain of the most northern source of the Mississippi, -and of its position relatively to the lake of the woods, -it will be interesting to us. Some account, too, of the path of -the Canadian traders from the Mississippi, at the mouth of the -Ouisconsing to where it strikes the Missouri, and of the soil and -rivers in its course, is desirable. - -"In all your intercourse with the natives, treat them in the most -friendly and conciliatory manner which their own conduct will -admit; allay all jealousies as to the object of your journey, satisfy -them of its innocence; make them acquainted with the position, -extent, character, peaceable and commercial dispositions of the -United States, of our wish to be neighborly, friendly and useful -to them, and of our dispositions to a commercial intercourse with -them; confer with them on the points most convenient as mutual -emporiums, and the articles of most desirable interchange -for them and us. If a few of their influential chiefs within practicable -distance, wish to visit us, arrange such a visit with them, -and furnish them with authority to call on our officers, on their -entering the United States, to have them conveyed to this place -at the public expense. If any of them should wish to have some -of their young people brought up with us, and taught such arts -as may be useful to them, we will receive, instruct, and take care -of them. Such a mission, whether of influential chiefs or of -young people, would give some security to your own party. -Carry with you some matter of the kine pox; inform those of -them with whom you may be, of its efficacy as a preservative -from the small pox; and instruct and encourage them in the use -of it. This may be especially done wherever you winter. - -"As it is impossible for us to foresee in what manner you will -be received by those people, whether with hospitality or hostility, -so is it impossible to prescribe the exact degree of perseverance -with which you are to pursue your journey. We value -too much the lives of citizens to offer them to probable destruction. -Your numbers will be sufficient to secure you against the -unauthorized opposition of individuals or of small parties; but if -a superior force, authorized or not authorized by a nation, should -be arrayed against your further passage, and inflexibly determined, -to arrest it, you must decline its farther pursuit, and return. In -the loss of yourselves, we should lose also the information you -will have acquired. By returning safely with that, you may enable -us to renew the essay with better calculated means. To -your own discretion, therefore, must be left the degree of danger -you may risk, and the point at which you should decline, only -saying we wish you to err on the side of your safety, and to -bring us back your party safe, even if it be with less information. - -"Should you reach the Pacific ocean, inform yourself of the circumstances -which may decide whether the furs of those parts -may not be collected as advantageously at the head of the Missouri -(convenient as is supposed to the waters of the Colorado -and Oregon or Columbia), as at Nootka Sound, or any other point -of that coast; and that trade be consequently conducted through -the Missouri and United States more beneficially than by the -circumnavigation now practised. - -"As far up the Missouri as the white settlements extend, an intercourse -will probably be found to exist between them and the -Spanish posts of St. Louis opposite Cahokia, or St. Genevieve -opposite Kaskaskia. From still further up the river, the traders -may furnish a conveyance for letters. Beyond that, you may -perhaps be able to engage Indians to bring letters for the government -to Cahokia or Kaskaskia, on promising that they shall -there receive such special compensation as you shall have stipulated -with them. Avail yourself of these means to communicate -to us, at seasonable intervals, a copy of your journal, notes, and -observations, of every kind, putting into cypher whatever might -do injury if betrayed. - -"On your arrival on that coast, endeavor to learn if there be any -post within your reach frequented by the sea vessels of any nation, -and to send two of your trusty people back by sea, in such -way as shall appear practicable, with a copy of your notes; and -should you be of opinion that the return of your party by the -way they went will be imminently dangerous, then ship the whole, -and return by sea, by the way either of Cape Horn or the Cape -of Good Hope, as you shall be able. As you will be without -money, clothes, or provisions, you must endeavor to use the -credit of the United States to obtain them, for which purpose -open letters of credit shall be furnished you, authorizing you to -draw on the executive of the United States, or any of its officers, -in any part of the world, on which draughts can be disposed of, -and to apply with our recommendations to the consuls, agents, -merchants, or citizens of any nation with which we have intercourse, -assuring them in our name, that any aids they may furnish -you, shall be honorably repaid, and on demand. Our consuls, -Thomas Hewes at Batavia in Java, William Buchanan in -the Isles of France and Bourbon, and John Elmslie at the Cape -of Good Hope, will be able to supply your necessities by draughts -on us. - -"Should you find it safe to return by the way you go, after -sending two of your party round by sea, or with your whole -party, if no conveyance by sea can be found, do so; making -such observations on your return, as may serve to supply, correct, -or confirm those made on your outward journey. - -"On re-entering the United States and reaching a place of safety, -discharge any of your attendants who may desire and deserve -it, procuring for them immediate payment of all arrears of pay -and clothing which may have incurred since their departure, and -assure them that they shall be recommended to the liberality of -the legislature for the grant of a soldier's portion of land each, -as proposed in my message to Congress; and repair yourself with -your papers to the seat of government. - -"To provide in the accident of your death, against anarchy, -dispersion and the consequent danger to your party, and total -failure of the enterprise, you are hereby authorized, by any instrument -signed and written in your own hand, to name the person -among them who shall succeed to the command on your -decease, and by like instruments to change the nomination from -time to time as further experience of the characters accompanying -you shall point out superior fitness; and all the powers and -authorities given to yourself are, in the event of your death, transferred -to, and vested in the successor so named, with further -power to him, and his successors in like manner, to name each -his successor, who, on the death of his predecessor, shall be invested -with all the powers and authorities given to yourself. - -"Given under my hand at the city of Washington, this 20th -day of June, 1803. - -"THOMAS JEFFERSON, President of the U. States of America." - - * * * * * - -While these things were going on here, the country of Louisiana, -lately ceded by Spain to France, had been the subject of -negotiation between us and this last power; and had actually -been transferred to us by treaties executed at Paris on the 30th -of April. This information, received about the 1st day of July, -increased infinitely the interest we felt in the expedition, and -lessened the apprehensions of interruption from other powers. -Everything in this quarter being now prepared, Captain Lewis -left Washington on the 5th of July, 1803, and proceeded to -Pittsburg, where other articles had been ordered to be provided -for him. The men, too, were to be selected from the military -stations on the Ohio. Delays of preparation, difficulties of navigation -down the Ohio, and other untoward obstructions, retarded -his arrival at Cahokia until the season was so far advanced as to -render it prudent to suspend his entering the Missouri before the -ice should break up in the succeeding spring. From this time -his journal, now published, will give the history of his journey -to and from the Pacific ocean, until his return to St. Louis on -the 23d of September, 1806. Never did a similar event excite -more joy through the United States. - -The humblest of its citizens had taken a lively interest in the -issue of this journey, and looked forward with impatience for -the information it would furnish. Their anxieties, too, for the -safety of the corps had been kept in a state of excitement by -lugubrious rumors, circulated from time to time on uncertain authorities, -and uncontradicted by letters or other direct information -from the time they had left the Mandan towns on their ascent -up the river in April of the preceding year, 1805, until their -actual return to St. Louis. - -It was the middle of Feb. 1807, before Capt. Lewis with his -companion Clarke reached the city of Washington, where Congress -was then in session. That body granted to the two chiefs -and their followers, the donation of lands which they had been -encouraged to expect in reward of their toils and dangers. Capt. -Lewis was soon after appointed Governor of Louisiana, and Capt. -Clarke a General of its militia, and agent of the United States -for Indian affairs in that department. - -A considerable time intervened before the Governor's arrival -at St. Louis. He found the territory distracted by feuds and -contentions among the officers of the government, and the people -themselves divided by these into factions and parties. He -determined at once to take no sides with either, but to use every -endeavor to conciliate and harmonize them. The even-handed -justice he administered to all soon established a respect for his -person and authority, and perseverance and time wore down -animosities, and reunited the citizens again into one family. - -Governor Lewis had from early life been subject to hypochondriac -affections. It was a constitutional disposition in all the -nearer branches of the family of his name, and was more immediately -inherited by him from his father. They had not, however, -been so strong as to give uneasiness to his family. While -he lived with me in Washington, I observed at times sensible -depressions of mind, but knowing their constitutional source, I -estimated their course by what I had seen in the family. During -his western expedition, the constant exertion which that required -of all the faculties of body and mind, suspended these -distressing affections; but after his establishment at St. Louis in -sedentary occupations, they returned upon him with redoubled -vigor, and began seriously to alarm his friends. He was in a -paroxysm of one of these when his affairs rendered it necessary -for him to go to Washington. He proceeded to the Chickasaw -bluffs, where he arrived on the 15th of September, 1809, with a -view of continuing his journey thence by water. Mr. Neely, -agent of the United States with the Chickasaw Indians, arriving -there two days after, found him extremely indisposed, and betraying -at times some symptoms of a derangement of mind. -The rumors of a war with England, and apprehensions that he -might lose the papers he was bringing on, among which were -the vouchers of his public accounts, and the journals and papers -of his western expedition, induced him here to change his mind, -and to take his course by land through the Chickasaw country. -Although he appeared somewhat relieved, Mr. Neely kindly determined -to accompany and watch over him. Unfortunately, at -their encampment, after having passed the Tennessee one day's -journey, they lost two horses, which obliging Mr. Neely to halt -for their recovery, the Governor proceeded under a promise to -wait for him at the house of the first white inhabitant on his -road. He stopped at the house of a Mr. Grinder, who, not being -at home, his wife, alarmed at the symptoms of derangement she -discovered, gave him up the house, and retired to rest herself in -an out-house; the Governor's and Neely's servants lodging in -another. About 3 o'clock in the night he did the deed which -plunged his friends into affliction, and deprived his country of one -of her most valued citizens, whose valor and intelligence would -have been now employed in avenging the wrongs of his country, -and in emulating by land the splendid deeds which have -honored her arms on the ocean. It lost, too, to the nation the -benefit of receiving from his own hand the narrative now offered -them of his sufferings and successes in endeavoring to extend -for them the boundaries of science, and to present to their knowledge -that vast and fertile country which their sons are destined -to fill with arts, with science, with freedom and happiness. - -To this melancholy close of the life of one whom posterity -will declare not to have lived in vain, I have only to add that -all the facts I have stated, are either known to myself, or communicated -by his family or others, for whose truth I have no -hesitation to make myself responsible; and I conclude with tendering -you the assurances of my respect and consideration. - -FOOTNOTE: - - [79] TO MR. PAUL ALLEN, PHILADELPHIA. - - MONTICELLO, April 13, 1813. - - SIR,--In compliance with the request conveyed in your letter - of May 25th, I have endeavored to obtain from the relations - and friends of the late Governor Lewis, information of such - incidents of his life as might be not unacceptable to those - who may read the narrative of his western discoveries. - The ordinary occurrences of a private life, and those - also while acting in a subordinate sphere in the army, in - a time of peace, are not deemed sufficiently interesting - to occupy the public attention; but a general account of - his parentage, with such smaller incidents as marked early - character, are briefly noted, and to these are added, as - being peculiarly within my own knowledge, whatever related - to the public mission, of which an account is not to be - published. The result of my inquiries and recollections - shall now be offered, to be enlarged or abridged as you - may think best, or otherwise to be used with the materials - you may have collected from other sources. - - -BIOGRAPHICAL SKETCH OF GENERAL KOSCIUSKO. - -1. _Circumstances relating to General Kosciusko previously -to his joining the American Army._ Kosciusko was born in -the Grand Duchy of Silliciania in the year 1752. His family -was noble, and his patrimony considerable; circumstances -which he justly appreciated, for as belonging to himself they -were never matters of boasting, and rarely subjects of notice, -and as the property of others only regarded as advantages -when accompanied by good sense and good morals. -The workings of his mind on the subject of civil liberty were -early and vigorous; before he was twenty the vassalage of his -serfs filled him with abhorrence, and the first act of his manhood -was to break their fetters. - -In the domestic quarrel between the king and the dissidents -in 1761, he was too young to take a part, but the partition of -Poland in 1772 (of which this quarrel was one of the pretences), -engaged him in the defence of his country, and soon made him -sensible of the value of military education, which he afterwards -sought in the schools of Paris. It was there and while prosecuting -this object, that he first became acquainted with the name -of America, and the nature of the war in which the British colonies -were then engaged with the mother country. In the summer -of 1776 he embarked for this country, and in October of -that year was appointed by Congress a Colonel of Engineers. - -2. _Services of the General during the war._ In the spring of -1777 he joined the northern army, and in July following the -writer of this notice left him on Lake Champlain engaged in -strengthening our works at Ticonderoga and Mount Independence. -The unfortunate character of the early part of this campaign -is sufficiently known. In the retreat of the American -army Kosciusko was distinguished for activity and courage, and -upon him devolved the choice of camps and posts and everything -connected with fortifications. The last frontier taken by -the army while commanded by Gen. Schuyler was on an island -in the Hudson near the mouth of the Mohawk river, and within -a few miles of Albany. Here Gates, who had superseded -Schuyler, found the army on the ---- day of August. Public -feeling and opinion were strikingly affected by the arrival of -this officer, who gave it a full and lasting impression by ordering -the army to advance upon the enemy. The state of things at -that moment are well and faithfully expressed by that distinguished -officer, Col. Udney Hay, in a letter to a friend. "Fortune," -says he, "as if tired of persecuting us, had began to -change, and Burgoyne had suffered materially on both his flanks. -But these things were not of our doing; the main army, as it -was called, was hunted from post to pillar, and dared not to -measure its strength with the enemy; much was wanting to reinspire -it with confidence in itself, with that self-respect without -which an army is but a flock of sheep, a proof of which is -found in the fact, that we have thanked in general orders a detachment -double the force of that of the enemy, for having -dared to return their fire. From this miserable state of despondency -and terror, Gates' arrival raised us, as if by magic. We -began to hope and then to act. Our first step was to Stillwater, -and we are now on the heights called Bhemus', looking the -enemy boldly in the face. Kosciusko has selected this ground, -and has covered its weak point (its right) with redoubts from the -hill to the river." In front of this camp thus fortified two battles -were fought, which eventuated in the retreat of the enemy -and his surrender at Saratoga! - -The value of Colonel Kosciusko's services during this campaign, -and that of 1778, will be found in the following extract -from a letter of General Gates written in the spring of 1780: - - "My dear friend: After parting with you at Yorktown, I got - safely to my own fireside, and without inconvenience of any - kind, excepting sometimes cold toes and cold fingers. Of this - sort of punishment, however, I am, it seems, to have no more, - as I am destined by the Congress to command in the South. In - entering on this new and (as Lee says) most difficult theatre of - the war, my first thoughts have been turned to the selections of - an Engineer, an Adjutant-General and a Quarter-Master-General, - Kosciusko, Hay and yourself, if I can prevail upon you all, - are to fill these offices, and will fill them well. The - _excellent qualities_ of the Pole, which no one knows better - than yourself, are now acknowledged at head-quarters, and may - induce others to prevent his joining us. But his promise once - given, we are sure of him." - -The ---- of Gates, for which the preceding extract had prepared -us, was given and accepted, and though no time was lost -by Kosciusko, his arrival was not early enough to enable him to -give his assistance to his old friend and General. But to Greene -(his successor) he rendered the most important services to the -last moment of the war, and which were such as drew from that -officer the most lively, ardent, repeated acknowledgments, which -induced Congress, in October, 1783, to bestow upon him the -brevet of Brigadier General, and to pass a vote declaratory _of their -high sense of his faithful and meritorious conduct_. - -The war having ended, he now contemplated returning to -Poland, and was determined in this measure by a letter from -Prince Joseph Poniatowski, nephew of the king and generalissimo -of the army. It was, however, ten years after this period (1783) -before Kosciusko drew the sword on the frontiers of Cracovia. - -3. _Conduct of Kosciusko in France._ When Bonaparte created -the Duchy of Warsaw and bestowed it on the King of Saxony, -great pains were taken to induce Kosciusko to lend himself to the -frontier and support of that policy. Having withstood both the -smiles and the frowns of the minister of police, a last attempt -was made through the General's countrywoman and friend, the -Princess Sassiche. The argument she used was founded on the -condition of Poland, which, she said, no change could make worse, -and that of the General which even a small change might make -better. "But on this head I have a _carte blanche_, Princess," answered -the General (taking her hand and leading her to her carriage), -"it is the first time in my life I have wished to shorten -your visit; but you shall not make me think less respectfully of -you than I now do." - -When these attempts had failed, a manifesto in the name of -Kosciusko, dated at Warsaw and addressed to the Poles, was -fabricated and published at Paris. When he complained of this -abuse of his name, &c., the minister of Police advised him to go -to Fontainebleau. - - -ANECDOTES OF DOCTOR FRANKLIN.[80] - -Our revolutionary process, as is well known, commenced by petitions, -memorials, remonstrances, &c., from the old Congress. -These were followed by a non-importation agreement, as a pacific -instrument of coercion. While that was before us, and -sundry exceptions, as of arms, ammunition, &c., were moved -from different quarters of the house, I was sitting by Dr. Franklin -and observed to him that I thought we should except books; -that we ought not to exclude science, even coming from an enemy. -He thought so too, and I proposed the exception, which -was agreed to. Soon after it occurred that medicine should be -excepted, and I suggested that also to the Doctor. "As to that," -said he, "I will tell you a story. When I was in London, in -such a year, there was a weekly club of physicians, of which -Sir John Pringle was President, and I was invited by my friend -Dr. Fothergill to attend when convenient. Their rule was to -propose a thesis one week and discuss it the next. I happened -there when the question to be considered was whether physicians -had, on the whole, done most good or harm? The young members, -particularly, having discussed it very learnedly and eloquently -till the subject was exhausted, one of them observed to -Sir John Pringle, that although it was not usual for the President -to take part in a debate, yet they were desirous to know his -opinion on the question. He said they must first tell him whether, -under the appellation of physicians, they meant to include -_old women_, if they did he thought they had done more good -than harm, otherwise more harm than good." - -The confederation of the States, while on the carpet before -the old Congress, was strenuously opposed by the smaller States, -under apprehensions that they would be swallowed up by the -larger ones. We were long engaged in the discussion; it produced -great heats, much ill humor, and intemperate declarations -from some members. Dr. Franklin at length brought the debate -to a close with one of his little apologues. He observed that -"at the time of the union of England and Scotland, the Duke -of Argyle was most violently opposed to that measure, and -among other things predicted that, as the whale had swallowed -Jonas, so Scotland would be swallowed by England. However," -said the Doctor, "when Lord Bute came into the government, -he soon brought into its administration so many of his -countrymen, that it was found in event that Jonas swallowed the -whale." This little story produced a _general_ laugh, and restored -good humor, and the article of difficulty was passed. - -When Dr. Franklin went to France, on his revolutionary -mission, his eminence as a philosopher, his venerable appearance, -and the cause on which he was sent, rendered him extremely -popular. For all ranks and conditions of men there, entered -warmly into the American interest. He was, therefore, feasted -and invited to all the court parties. At these he sometimes met -the old Duchess of Bourbon, who, being a chess player of about -his force, they very generally played together. Happening once -to put her king into prize, the Doctor took it. "Ah," says she, -"we do not take kings so." "We do in America," said the Doctor. - -At one of these parties the emperor Joseph II. then at Paris, -incog., under the title of Count Falkenstein, was overlooking the -game in silence, while the company was engaged in animated -conversations on the American question. "How happens it M. le -Comte," said the Duchess, "that while we all feel so much interest -in the cause of the Americans, you say nothing for them?" -"I am a king by trade," said he. - -When the Declaration of Independence was under the consideration -of Congress, there were two or three unlucky expressions -in it which gave offence to some members. The words -"Scotch and other foreign auxiliaries" excited the ire of a gentleman -or two of that country. Severe strictures on the conduct -of the British king, in negotiating our repeated repeals of the -law which permitted the importation of slaves, were disapproved -by some Southern gentlemen, whose reflections were not yet -matured to the full abhorrence of that traffic. Although the offensive -expressions were immediately yielded, these gentlemen -continued their depredations on other parts of the instrument. I -was sitting by Dr. Franklin, who perceived that I was not insensible -to these mutilations. "I have made it a rule," said he, -"whenever in my power, to avoid becoming the draughtsman of -papers to be reviewed by a public body. I took my lesson from -an incident which I will relate to you. When I was a journeyman -printer, one of my companions, an apprentice hatter, having -served out his time, was about to open shop for himself. His -first concern was to have a handsome sign-board, with a proper -inscription. He composed it in these words, 'John Thompson, -_Hatter_, _makes_ and _sells hats_ for ready money,' with a figure of -a hat subjoined; but he thought he would submit it to his friends -for their amendments. The first he showed it to thought the -word '_Hatter_' tautologous, because followed by the words -'makes hats,' which show he was a hatter. It was struck out. -The next observed that the word '_makes_' might as well be -omitted, because his customers would not care who made the -hats. If good and to their mind, they would buy, by whomsoever -made. He struck it out. A third said he thought the words -'_for ready money_' were useless, as it was not the custom of the -place to sell on credit. Every one who purchased expected to -pay. They were parted with, and the inscription now stood, -'John Thompson sells hats.' '_Sells hats_' says his next friend! -Why nobody will expect you to give them away, what then is -the use of that word? It was stricken out, and '_hats_' followed -it, the rather as there was one painted on the board. So the inscription -was reduced ultimately to 'John Thompson' with the -figure of a hat subjoined." - -The Doctor told me at Paris the two following anecdotes of -the Abbé Raynal. He had a party to dine with him one day -at Passy, of whom one half were Americans, the other half -French, and among the last was the Abbé. During the dinner -he got on his favorite theory of the degeneracy of animals, and -even of man, in America, and urged it with his usual eloquence. -The Doctor at length noticing the accidental stature and position -of his guests, at table, "Come," says he, "M. l'Abbé, let us try -this question by the fact before us. We are here one half Americans, -and one half French, and it happens that the Americans -have placed themselves on one side of the table, and our French -friends are on the other. Let both parties rise, and we will see -on which side nature has degenerated." It happened that his -American guests were Carmichael, Harmer, Humphreys, and -others of the finest stature and form; while those of the other -side were remarkably diminutive, and the Abbé himself particularly, -was a mere shrimp. He parried the appeal, however, -by a complimentary admission of exceptions, among which the -Doctor himself was a conspicuous one. - -The Doctor and Silas Deane were in conversation one day at -Passy, on the numerous errors in the Abbé's "_Histoire des deux -Indes_," when he happened to step in. After the usual salutations, -Silas Deane said to him, "The Doctor and myself, Abbé, -were just speaking of the errors of fact into which you have been -led in your history." "Oh, no, Sir," said the Abbé, "that is impossible. -I took the greatest care not to insert a single fact, for -which I had not the most unquestionable authority." "Why," -says Deane, "there is the story of Polly Baker, and the eloquent -apology you have put into her mouth, when brought before a -court of Massachusetts to suffer punishment under a law which -you cite, for having had a bastard. I know there never was -such a law in Massachusetts." "Be assured," said the Abbé, -"you are mistaken, and that that is a true story. I do not immediately -recollect indeed the particular information on which I -quote it; but I am certain that I had for it unquestionable authority." -Doctor Franklin, who had been for some time shaking -with unrestrained laughter at the Abbé's confidence in his -authority for that tale, said, "I will tell you, Abbé, the origin -of that story. When I was a printer and editor of a newspaper, -we were sometimes slack of news, and, to amuse our customers, -I used to fill up our vacant columns with anecdotes and fables, -and fancies of my own, and this of Polly Baker is a story of my -making, on one of these occasions." The Abbé, without the -least disconcert, exclaimed with a laugh, "Oh, very well, Doctor, -I had rather relate your stories than other men's truths." - -FOOTNOTE: - - [80] TO ROBERT WALSH, ESQ. - - MONTICELLO, December 4, 1818. - - DEAR SIR,--Yours of November 8th has been some time - received; but it is in my power to give little satisfaction - as to its inquiries. Dr. Franklin had many political - enemies, as every character must which, with decision - enough to have opinions, has energy and talent to give them - effect on the feelings of the adversary opinion. These - enmities were chiefly in Pennsylvania and Massachusetts: - in the former they were merely of the proprietary party; - in the latter they did not commence till the revolution, - and then sprung chiefly from personal animosities, which - spreading by little and little, became at length of some - extent. Dr. Lee was his principal calumniator, a man of much - malignity, who, besides enlisting his whole family in the - same hostility, was enabled, as the agent of Massachusetts - with the British government, to infuse it into that State - with considerable effect. Mr. Izard, the Doctor's enemy - also, but from a pecuniary transaction, never countenanced - these charges against him. Mr. Jay, Silas Deane, Mr. - Laurens, his colleagues also, ever maintained towards him - unlimited confidence and respect. That he would have waived - the formal recognition of our Independence I never heard on - any authority worthy notice. As to the fisheries, England - was urgent to retain them exclusively, France neutral; - and I believe that had they been ultimately made a _sine - quâ non_, our commissioners (Mr. Adams excepted) would have - relinquished them rather than have broken off the treaty. - To Mr. Adams' perseverance alone on that point I have - always understood we were indebted for their reservation. - As to the charge of subservience to France, besides the - evidence of his friendly colleagues before named, two - years of my own service with him at Paris, daily visits, - and the most friendly and confidential conversations, - convince me it had not a shadow of foundation. He possessed - the confidence of that government in the highest degree, - insomuch that it may truly be said that they were more - under his influence than he under theirs. The fact is that - his temper was so amiable and conciliatory, his conduct - so rational, never urging impossibilities, or even things - unreasonably inconvenient to them, in short so moderate and - attentive to their difficulties as well as our own, that - what his enemies called subserviency, I saw was only that - reasonable disposition, which, sensible that advantages - are not all to be on one side, yielding what is just - and liberal, is the more certain of obtaining liberality - and justice. Mutual confidence produces of course mutual - influence, and this was all which subsisted between Dr. - Franklin and the government of France. - - I state a few anecdotes of Dr. Franklin, within my own - knowledge, too much in detail for the scale of Delaplaine's - work, but which may find _a cadre_ in some of the more - particular views you contemplate. My health is in a - great measure restored, and our family joins with me in - affectionate recollections and assurances of respect. - - - - -THE PROCEEDINGS - -OF THE - -GOVERNMENT OF THE UNITED STATES - -IN MAINTAINING THE PUBLIC RIGHT TO THE BEACH OF THE -MISSISSIPPI, ADJACENT TO NEW ORLEANS, AGAINST THE -INTRUSION OF EDWARD LIVINGSTON. - - -PREPARED FOR THE USE OF COUNSEL, - -BY THOMAS JEFFERSON. - - -CONTENTS.[81] - - Page - Title of the Jesuits, 5 - Term 'face au fleuve,' 5 - Confiscation, 5 - Title of B. Gravier, 5 - Establishment into a fauxbourg, 5 - Gravier's sale, 6 - Streets, 8 - Beach or batture, 9 - Purchase by Inventory, 9 - Livingston's arrival, 11 - Parisien, 11 - De la Bigarre, 13 - Decision of Court, 14 - Alarm occasioned, 14 - Servitude of maintaining road, 14 - United States no party to the decision, 16 - Livingston's Intrusion, 17 - Appeal to government of U. States, 18 - Livingston's works, 19 - Deliberation of the Cabinet, 21 - What law to decide, 21 - Proclamation of O'Reilly, 21 - French code, 22 - Roman law, 23 - Alluvion, 26 - Edict of Louis XIV 33 - Napoleon Code, 34 - Portalis, 34 - M. Moreau de Lislet, 36 - Note.--M. Thierry, 38 - Rural and Urban possessions, 39 - Principal and accessory, 41 - The Beach or Batture not Alluvion, 42 - The bed, beach, bank of a river, 44 - Missisipi, 49 - Nile, 50 - Property of the bed and bank, 52 - Limitations of the rights of property, 54 - Surety, 58 - Levées and Police of Missisipi, 61 - Suspension of Livingston's works, - and the authorities by which, 62 - Nature of those works, 63 - Remedies, to wit, Abatement of - Nuisance, 64 - Forcible entry, recaption, 65 - Roman law de vi bonorum raptorum, 66 - Squatters, 68 - Jurisdiction over public property, - in whom, 68 - When it results to the courts, 68 - Act of Congress, 1807, c. 91, 68 - Remitter, 69 - Recapitulation, 70 - Opinions and Orders of the Government, 72 - Proceedings under them, 72 - Chancery injunction from the court, 73 - Proceedings of the legislature of - Orleans, 76 - Message to Congress, 76 - Removal of the case before them, 77 - Responsibility of a public functionary, 78 - -FOOTNOTE: - - [81] The figures in this table refer to the pages of the original - edition of Mr. Jefferson's pamphlet, which in this edition - are marked with an asterisk, and placed in the margin. - - -PREFACE. - -Edward Livingston, of the territory of Orleans, having taken possession -of the beach of the river Missisipi adjacent to the city of New-Orleans, -in defiance of the general right of the nation to the property and use -of the beaches and beds of their rivers, it became my duty, as charged -with the preservation of the public property, to remove the intrusion, -and to maintain the citizens of the United States in their right to a -common use of that beach. Instead of viewing this as a public act, and -having recourse to those proceedings which are regularly provided for -conflicting claims between the public and an individual, he chose to -consider it as a private trespass committed on his freehold, by myself -personally, and instituted against me, after my retirement from office, -an action of trespass, in the circuit court of the United States for -the district of Virginia. - -Being requested by my Counsel to furnish them with a statement of the -facts of the case, as well as of my own ideas of the questions of right, -I proceeded to make such a statement, fully as to facts, but briefly -and generally as to the questions of right. In the progress of the -work, however, I found myself drawn insensibly into details, and finally -concluded to meet the questions generally which the case would present, -and to expose the weakness of the plaintiff's pretensions, in addition -to the strength of the public right. These questions were of course -to arise under the laws of the territory of Orleans, composed of the -Roman, the French, and Spanish codes, and written in those languages. -The books containing them are so rare in this country as scarcely to be -found in the best-furnished libraries. Having more time than my Counsel, -consistently with their duties to others, could bestow on researches so -much out of the ordinary line, I thought myself bound to facilitate their -labors, and furnish them with such materials as I could collect. I did -it by full extracts from the several authorities, and in the languages in -which they were originally written, that they might judge for themselves -whether I misinterpreted them. These materials and topics, expressed in -the technical style of the law, familiar to them, they were of course to -use or not to use, according to the dictates of their better judgment. If -used, it would be with the benefit of being delivered in a form better -suited to the public ear. I passed over the question of jurisdiction, -because that was one of ordinary occurrence, and its limitations well -ascertained. On this, in event, the case was dismissed; the court being -of opinion they could not decide a question of title to lands not within -their district. My wish had rather been for a full investigation of -the merits at the bar, that the public might learn, in that way, that -their servants had done nothing but what the laws had authorized and -required them to do. Precluded now from this mode of justification, I -adopt that of publishing what was meant originally for the private eye -of counsel. The apology for its general complexion, more formal than -popular, must be found as well in the character of the question, as in -the views with which its discussion had been prepared. The necessity, -indeed, of continuing the elaborate quotations, is strengthened in the -case of ordinary readers, who are supposed to have still less opportunity -of turning to the authorities from which these are taken. - -The questions arising, being many and independent of each other, admitted -not a methodical and luminous arrangement. Proceeding, therefore, in a -course of narrative, I have met and discussed the points of law in the -order in which events presented them; thus securing, as we go along, the -ground we pass over, and leaving nothing adversary or doubtful behind. -Hence the mixture of fact and law which will be observed through the -whole. - -Vouchers for the facts are regularly referred to. These are principally, -1. Affidavits taken and published on the part of the plaintiff, and of -the city of New-Orleans, very deeply interested in this question. 2. -Printed statements, by the counsel on each side, uncontradicted by the -other, of facts under their joint observation and knowledge. 3. Records. -4. Notarial acts, and 5. Letters and reports of public functionaries -filed in the office of the department of state. - -_Feb. 25, 1812._ - - -PART III. - -THE BATTURE AT NEW-ORLEANS. - - [Sidenote: Title of the Jesuits.] - - [Sidenote: Fronting river.] - - [Sidenote: Confiscation.] - - [Sidenote: Gravier's title.] - - [Sidenote: Fauxbourg.] - - [Sidenote: 6*] - -Not long after the establishment of the city of New-Orleans, -and while the religious society of Jesuits retained -their standing in France, they obtained from Louis -XIV. a grant of lands adjacent to the city, bearing date the 11th -of April, 1726. The original of this grant having been destroyed -in the fire which consumed a great part of the city in 1794, -and no copy of it as yet produced, the extent and character of -the grant is known from no authentic document. Its other -limits are unimportant, but that next the river and above the city -is understood to have been of 20 arpents, or acres, -[of 180 French feet, or 64 yards of our measure -each,] 'face au fleuve,' the ambiguity of which expression -is preserved by translating it, 'fronting the river.' -Whether this authorized them to go to the water line of the -river, or only to the road and levee, is a question of some difficulty, -and not of importance enough to arrest our present attention. -To these they had added 12 arpents more by purchase -from individuals. In 1763 the order of Jesuits was -suppressed in France, and their property confiscated. -The 32 arpents, before mentioned, were divided into 6 -parcels, described each as 'faisant face au fleuve,' and the one -next to the city of 7 arpents in breadth, and 50 in -depth, was sold to Pradel; but how these 7 arpents, -like Falstaff's men in buckram, became 12 in the -sale of the widow Pradel to Renard, [Report 7.] 13 in Gravier's -inventory, and nearly 17, as is said Derb. viii. ix. in the -extent of his fauxbourg, the plaintiff is called on to show, and -to deduce titles from the crown, regularly down to -himself. In 1788, Gravier, in right of his wife the -widow of Renard, laid off the whole extent of his -front on the river, whatever it was, into 4 ranges of lots, and -in '96 he added 3 ranges more, establishing them as a Fauxbourg, -or Suburb to the city. That this could not be done without -permission from the government may be true; and no formal -and written permission has been produced. Whether such an -one was given and lost in the fire, or was only verbal, is -not known. *But that permission was given must be -believed, 1. From Gravier's declaration to Charles Trudeau -the surveyor, which must operate as an Estoppel [Report -45.] against all contrary pretensions in those claiming under him. -2. From Carondelet's order to Trudeau, first to deposit a copy -of the plan in the public archives, and afterwards an order -for a second one to be delivered to himself, which implied necessarily -that he had consented to the establishment; but more -especially when B. Gravier relying on this establishment as -freeing him from the repairs of the bank, the Governor declared -'it was true and that Gravier was right.' 3. From the records -of the Cabildo, or town council, with whom the Governor sat -in person, showing that at their sessions on the 1st day of -January annually, for regulating the police of the city, a Commissary -of police for the new quarter was regularly appointed -from the year 1796, till the United States took possession. The -actual settlement of the ranges next the river, and the addition -of the new ranges, now probably rendered that necessary. 4. -From the conviction expressed by the Surveyor that, from his -knowledge of the laws and customs of the Spanish colonies, no -one would have dared to establish a city, bourg, village or fauxbourg -without authorization, verbal at least, from the Governor. -5. From the act of the local legislature incorporating the city of -New Orleans. [Thierry 32.] That no formal written act of -authorization can be produced is not singular, as that is known -to be the condition of a great proportion of their titles from the -government: and the extraordinary negligence in these titles -was what rendered it necessary for Congress to establish, in the -several territories of Orleans, Mississippi, Louisiana, Indiana and -Michigan, boards of Commissioners, to ascertain and commit -them to record. To this we may add that the principle which -shall take from the inhabitants of the Suburb St. Mary the validity -of their establishment, will annul a great portion of the -land rights of those several territories. Finally, whatever act of -the government may be considered as amounting to evidence of -its ratification of the establishment of the fauxbourg, is retrospective, -and will amount to an original authorization under the -maxim, 'omnis ratihabitio retrotrahitur, et mandato æquiparatur.' - - [Sidenote: Gravier's sale.] - - [Sidenote: 7*] - -Bertrand Gravier proceeded to sell the lots of his new Fauxbourg, -and particularly he sold the whole range next -the river. Such deeds for these lots as have been -produced, describe them as 'haciendo frente al rio,' -'fronting the river.' And it is affirmed, [Examen 13. Poydras -7. and 18. Thierry 39.] that almost all, if not all the deeds, used -the same expression. [See notarial copies of the deeds of B. -Gravier to Nicholas Gravier, and of Nicholas Gravier to -Escot, Girod, *Wiltz.] Bertrand Gravier himself, on all -occasions, [Pieces Probantes 9. 21. 28. 30. Livingston -59. Monile's deposition, MS.] declared that he had sold his lots -'faisant face au fleuve,' and had passed to the purchasers his -right to the _devanture_, meaning every thing in front of his lots. -Whatever extent then towards the river, passed to the Jesuits -by the term 'face au fleuve,' or from the king to the purchasers -of the Jesuit's property, under whom B. Gravier claimed, the -same extent was, by the same expression,'face au fleuve,' or -'frente al rio,' passed by Bertrand Gravier to the purchasers of -the front lots. If the words 'face au fleuve,' gave him only to -the road and levee, he by the same words gave them no farther; -if to the water edge, then he sold to the water edge also, and -having parted with all his right as riparian possessor, could -transmit none to those claiming under him by subsequent title, -as the plaintiff does. In a note added to the end of the printed -Report of this case, whether by the reporter or the plaintiff does -not appear, it is said that this objection was answered by showing, -_from the deeds_, that each lot had a clear front boundary, -by referring to the '_plan which in no instance crossed the -road_.' And that this brings it within the rule of law which says, -'in agris limitatis jus alluvionis locum non habere constat.' -Dig. 41. 1. 16. This process of deduction, if not clear, is compendious -at least, and better placed in a note, than in the text, -where explanation would have been expected. Let us spread it -open and examine it. What says the deed to Nicholas Gravier -for 58 lots? - - [Sidenote: 8*] - - Yo Don Beltran Gravier vendo a Don Nicholas Gravier cinquenta - y ocha terrenos situados en esta dicha ciudad, extramuros de - la puerta de Chapitulas, à saver, _trece haciendo frente al - rio_, Missisipi, y lindando por el lado de abaxo, que es de - esta dicha ciudad, con terreno de Don R. Jons, y por el de - arriba con otros de Don J. B. Sarpy, &c. Y los _quarenta y - cinco terrenos restantes_ completa a los cinquenta y ocho, - que quedan indicados, comenzan sobre el limite de la primera - calle, formande una linea directa à empezar por el terreno que - se halla detras del de Don J. Poydras, todo conforme al plano - que, delineado por Don C. L. Trudeau, hé entregado al comprador - para su inteligencia* y resguardo: però con la condicion de - que me reservo el derecho de tomar la tierra que necessitaré - para mi fabrica de ladrillos, extension de los nominados tres - terrenos que hacen frente al dicho rio. - - I Don Beltran Gravier sell to Don Nicholas Gravier 58 lots - situated in this said city without the gate of Chapitulas, to - wit, _13 fronting the river_ Missisipi, and bordering on the - lower side, which is that of this said city, with the lot of - Don R. Jones, and on the upper side with others of Don J. B. - Sarpy, &c. And _the 45 lots remaining_, the complement of the - 58 before mentioned, commence above [or beyond] the limit of - the first street, forming a right line, beginning at the lot - which is behind that of Don J. Poydras, in conformity with - the plan which having been delineated by Don C. L. Trudeau, - I have delivered to the purchaser for his information and - ascertainment: Nevertheless, with the condition that I reserve - to myself the right to take the earth which I shall need for - my manufacture of bricks on the beach or batture which is in - the extension of the said 13 lots which front the river. - - [Sidenote: Streets.] - - [Sidenote: 9*] - -The first part of this description is of the 13 lots, to wit, that -they front the river. The second part relates wholly to the remaining -45 lots, which begin beyond or above the first street in -a straight line from the lot behind Poydras', and refers to the -plan to show their position more particularly as back lots, behind -the front range. It is to be noted that the public way in -front of the fauxbourg is not a street: it is the same chemin -royale, royal road, which has existed from early times, and has -never been merged in the character of a street. Nothing can -prove more clearly, that this reference to the plan was not to -give a front line to the 13 lots, than that the same deed reserves -the right of digging earth on the batture beyond that line. Now -if nothing was meant to be conveyed _beyond_ the front line marked -in the plan, why reserve a right to dig earth on the batture, -which is _beyond_ that line? And that Nicholas Gravier, Escot, -Girod and Wiltz did not consider this line as the limit of their -rights, appears from their deeds conveying the _batture_ expressly -by that name, with the lots themselves. On the whole, we see -here a curious specimen of tergiversation in reasoning. When -urged that the grant to the Jesuits, and to Bertrand Gravier, -though expressed to be 'face au fleuve,' must still have stopped -at this line or edge of the royal road, it is answered that those -terms convey to the water edge, and make it an 'ager arcifinius,' -to which the right of alluvion appertains. But when Bertrand -Gravier conveys to his purchasers 'face au fleuve,' they turn -about and say that the same identical words 'face au fleuve,' -convey now only to this same line or edge of the royal road, -which they overleaped before, and make the grounds conveyed -an 'ager limitatus,' to which the right of alluvion does not appertain. -It is perfectly equal which of the meanings is ascribed -to these words. Only give them the same in both instances, -and say which. If these words make the road your boundary, -you never had a right to the batture beyond it. If they extend -to the river what was conveyed to _you_, they extend to the -river also what was conveyed _from you_. Will it be -pretended that, after establishing his town, Bertrand -Gravier could then have sold the streets to others? and -yet he might, a fortiori, having not included them in any deed. -But does not common sense and common honesty -*proclaim that the establishment of his town, and sale -of the lots, implied a relinquishment to the inhabitants -of the communications of streets and shores adjacent, as a common, -which are the necessary and constant appendages of every -town? The express conveyance then of his riparian rights, and -the implication as to them and the streets, are believed to be -conclusive to show that the plaintiff having had no right, can -have sustained no wrong. - - [Sidenote: Beach or Batture.] - -In 1797, Bertrand Gravier died intestate; and at this epoch -we must introduce what constitutes the sole object of the existing -contest. Opposite to the habitation or plantation -of B. Gravier, now the Fauxbourg Ste. Marie, -the beach of the river, called in that country Batture, -of ordinary breadth within memory, has sensibly increased, by -deposits of earth, during the annual floods of the river, [Derb. -xix.] till in the year 1806, it was found to extend in breadth, at -low tide, from 122 to 247 yards of our measure, from the water -edge into the river: and from about 7 f. height, where it abuts -against the bank, declining to the water edge. See Pelletier's -plan annexed. Thiery xvii. While uncovered, which is from -August to January inclusive, it has served as a Quai for lading -and unlading goods, stowing away lumber and firewood, and -has furnished all the earth for building the city, and raising its -streets and courts, essential in that oozy soil. Derb. ii. While -covered, which is during the other six months of the year, from -February to July inclusive, [Liv. 58. Poydras 20. 21. 23.] it is -the port for all the small craft of the river, and especially for -the boats of the upper country, which, in the season of high -water, can land or lie no where else in the neighborhood of the -city. During this period, they anchor on its bottom, or moor to -its bank. It is then, like every other beach, the bed of the river -one half the year, and a Quai the other half, distinguished from -those of tide waters, by being subject to an annual, instead of a -semidiurnal ebb and flood. In this beach or shoal, with the bank -to which it is adjacent, if Bertrand Gravier claimed any right, -as riparian proprietor of the habitation, he had certainly meant -to convey that right to the purchasers of the front lots, by the -term 'frente al rio,' 'fronting the river,' reserving expressly, as -we have seen, from one purchaser of 58 lots, a right to take -earth, from the beach, for his brickkilns. As he died without -children, the inheritance belonged to John Gravier, and other -brothers and sisters whom he had left in France, or their representatives, -as co-heirs. - - [Sidenote: Purchase by Inventory.] - - [Sidenote: 10*] - - [Sidenote: 11*] - - [Sidenote: Livingston's arrival.] - - [Sidenote: Parisien.] - - [Sidenote: 12*] - -By the civil law, if an heir accepts the inheritance, -he is considered, not merely as the representative, but -as continuing the person of the ancestor himself, is answerable -for all his debts, and out of all his property, as well his -own, as* what he had newly acquired by the inheritance. -Time, therefore, was allowed him to inform himself of -the condition of the estate and debts, during which it was considered -as an hæreditas jacens, vested in nobody. If he declined -taking the inheritance simply as heir, he was allowed to take it -as purchaser, or in their language, as heir with the benefit of -inventory: whereupon an inventory and appraisement of it took -place, and he had the preëmption at the appraised value. He -was then liable to no more debts than the amount of the appraisement; -and if there was a surplus of the appraised value -over and above the debts it was his, if a single heir, or partitioned -among the co-heirs, as parceners, if there were more than -one. Brown. civ. law, I. 218. 302. Kaim's law tracts, 389. -Gibbon's c. 44. 153. Bertrand Gravier is understood to have -left France indebted and insolvent: and John Gravier, therefore, -either knowing, or ignorant of the amount of the debts, -chose on behalf, or perhaps in defraud, of the co-heirs, to decline -the inheritance, and to take the estate as a purchaser by inventory -and appraisement. It was inventoried and appraised. -In the inventory is placed a single article of lands, in these -words, 'are placed in the inventory the lands of this habitation, -whose extent cannot be calculated immediately, on account of -his having sold many lots; but Mr. N. Gravier informs us that -its bounds go to the forks of the bayou, according to the titles.' -And in the appraisement also there is but this same single article -of lands, thus described, 'about thirteen arpents of land, of -which the habitation is estimated, including the garden, of -which the most useful part is taken off in front, the residue -consisting of the lowest part, [to wit, that descending back to -the bayou,] the side being sold to Navarro, one Percy, and the -negro Zambo, a portion of which, &c. estimated at 190 D. the -front acre, with all the depth, which makes 2470 D.' Then follows -the adjudication, which adjudges to John Gravier 'the -effects, real estate, moveables and slaves _which have been inventoried_ -as belonging to the estate of his deceased brother Bertrand -Gravier, &c. Report 9. 10. We see, then, that no lands -were inventoried but the thirteen arpents in front, composing -the inhabitation. And it is impossible that that term should be -meant to include the beach of the river, cut off from it by the -intervention of the whole Fauxbourg of seven ranges of squares; -or that they should not have used a more obvious expression, if -the idea of the beach had been in their minds. Nobody could -consider these two parcels, distant and disjointed as they were, -as being one parcel only, one habitation. No man having two -farms, or two tracts of land, separated by the lands of others, -would expect that by devising or conveying one, the -other would *pass also. In fact, at that time, neither -John Gravier nor any one else, considered the beach as -any part of Bertrand Gravier's estate: and in the appraisement, -they estimate the front arpents, (that is, fronting on the fauxbourg,) -with all their depth to the bayou, at 190 dollars, the -front arpent; contemplating clearly only what was between the -fauxbourg and bayou. Accordingly Fernandez, acting for the -Depositor General, the legal officer in those cases, swears that -he took charge and possession of all the estate according to the -inventory which had been made from the 28th of June to the -4th of July, 1797; that, in that inventory, the batture never was -mentioned, or heard of, as property of Gravier, nor in charge -of the Depositor, and that, on delivering the estate to John Gravier, -the batture never was spoken of. It is equally certain that -had there been an idea that they were smuggling the batture -away, through these proceedings, the citizens of New-Orleans -would not have been so silent, nor the Governor, the Cabildo -and other Spanish authorities so passive, when so active on all -former occasions respecting the batture: and that had the batture -been under the view of the appraisers, instead of estimating -it at 2470 dollars, conjointly with other thirteen arpents, a very -different sum must have been named. The batture alone is now -estimated at half a million of dollars. But the truth is, that -neither John Gravier, nor any one else, at that day, considered -it but as public property. And for six years ensuing, he never -manifested one symptom of ownership; until Mr. -Livingston's arrival there from New-York, with the -wharves and slips of that place fresh in his recollection. -The flesh-pots of Egypt could not suddenly be forgotten, -even in this new land of Canaan. Then John Gravier received -his inspiration that the beach was his; and is tempted, by one -kind of bargain after another, to try his fortune with it. It was -only to lend his name, and receive a round sum if anything -could be made of it. To get over the palpable -omission of it in the inventory and appraisement, they -find a man whose recollection is exactly à propos; a Henry -Parisien, a comedian by profession, and a joiner by trade. He -had been one of the appraisers, 10 years before, and recollected, -and so swore that he had '_walked on the batture_, before the -closing of the appraisement to ascertain its extent, and be the -better able to judge of its value, and that it was through forgetfulness -that _it had not been taken into the estimate_.' Piecès Prob. -33. It happens that nature bears witness against him. From -the 20th of June to the 4th of July is within the period of high -waters; and it is proved that, at the very time of the appraisement, -the river was still overflowing, and the batture covered -with water: *the journals of the sawmills further attest -that they did not cease to work till the 25th of August -of that year; and when the waters of the river are sufficiently -low to stop the mills, all the battures are still covered with water. -P. Pr. 34. However even this Henry Parisien swears, '_that -the batture was not in the estimate_, and that it was through forgetfulness -that it was not.' Examin 19. Rep. 21. Pi. Prob. 33. -No matter through what cause, it is enough that it was _not in -the inventory or estimate_, and of course not sold to J. Gravier. -This corroborates the testimony of the Depositor, that he neither -had it in his charge, nor included it in the estate sold and delivered. -J. Gravier must therefore, as to this part of his brother's -estate, if his it were, recommence his work, by having a new -inventory, appraisement and adjudication. But to repel the -present proceeding, it suffices that having made his election to -take, not as heir, but purchaser, this beach is not yet his; it is -still an hæreditas jacens, and before he can convey it to Mr. -Livingston, he must get it by a new process, and make a third -bargain. - - [Sidenote: 13*] - - [Sidenote: Bigarre.] - - [Sidenote: 14*] - - [Sidenote: Decision of Court.] - - [Sidenote: Alarm occasioned.] - - [Sidenote: Servitude of road.] - - [Sidenote: 15*] - - [Sidenote: 16*] - - [Sidenote: U. States no party.] - -We will proceed further to trace the history of this acquisition -of the batture, by the plaintiff, who writes a letter of lamentations -to some member of the government, on the 27th of June, 1809. -That 'Congress will probably adjourn without coming to any -decision on the subject of my removal by the late president of -the United States from my estate at New-Orleans.' A most ungrateful -complaint; for had he not been removed, he must, at -the time of writing this letter, have been, as his estate was, some -10 or 12 feet under water; the river being then at its greatest -height. And when was this notable discovery made, that the -beach of the river was the separate and exclusive property of -J. Gravier, clear of all public right to its use? Let us hear the -Governor, in answer to this question. In a letter to the Secretary -of State of October 13, 1807, he says, 'early after the arrival -of Mr. Livingston in this territory, he became concerned -in the purchase of a parcel of ground fronting the fauxbourg of -this city, commonly called the batture, a property which had -been occupied as a common by the city for many years previous, -and the title to which, in the opinion of the inhabitants was -unquestionable.' The day[82] of the arrival of Mr. Livingston in -New-Orleans I do not know; but I recollect he was one of -the earliest emigrants to that country, which was ceded to the -United States on the 30th of October, 1803. We are told, [Rep. -11. Thierry 5.] it was proved by some oral testimony that J. -Gravier _began_ an inclosure of 500 feet square in that -year, and completed it in the next. The day *of beginning -is not stated; but we may safely presume it was not -while the French Governor thought the country belonged to his -master, and most probably not till after 'the early arrival of Mr. -Livingston.' This enclosure was demolished by an order of -the Cabildo of Feb. 22, 1804.[83] The next step was to make an -ostensible deed, to an ostensible purchaser,[84] a Peter -de la Bigarre, a brother emigrant of Mr. Livingston's -from New York, some old acquaintance. This was dated -March 27, 1804, is expressed to be in consideration of 10,000 -dollars, and conveys two undivided thirds of all that part or -parcel of land, situate on the bank [sur la rive] of the river -Missisipi, between the public road and the current of the said -river, &c. with a warranty. I call the purchases ostensible, because -notwithstanding his pretended purchase, J. Gravier, on -the 20th of October, 1805, [Rep. 1.] commenced a suit against -the city, as proprietor of the whole, and the court adjudged him -proprietor of the whole; and because the same J. Gravier, -[Poydr. 3.] by a deed to the same P. de la Bigarre, in which no -mention was made of the former, or reference to it, conveys to -him on the 14th Dec. 1806, the batture Ste. Marie, along the -whole limits of this land, between the road and river, on condition -that he shall pay all expenses of the suit depending, with -50,000 dollars in addition; that the property shall remain unsold -and hypothecated for the purchase money till paid, and that if -the law-suit fails, the sale is void, and Bigarre to pretend to no -damages for non-execution. It is observable here that neither -buyer or seller risked anything. It was a mere speculation on -the chance of a law-suit, in which they were to divide the spoils -if successful, and to lose nothing if they failed.[85] It was by our -law a criminal purchase of a pretense title, 32. H. 8. 9. and -equally criminal by the law of that territory, where I presume -the provision of the Roman law is in force, 'qui improbè coeunt -in alienam litem, ut quidquid ex condemnatione in rem ipsius -redactum fuerit, inter eos commnnicaretur, lege Juliâ, de vi privatâ, -tenentur.' Dig. 47. 8. 6. 4 Blackst. 135. 'Whosoever -shall take part in the suit of another, so that whatever shall be -recovered by the judgment is to be divided between them, shall -be subject to the Julian law, de vi privata.' By which law, ib. -tit. 7. § 1. they were to lose one third of their goods, and be -rendered infamous. The deed was not only criminal on its -face, but was void by an express law of the territory, [a law of -Governor Unzaga. Poydras 6. Rep. 25.] and so pronounced -to be on the floor of Congress *by their representative, -because not executed before either witnesses -or notaries. It was kept secret from its date, till the day before -judgment was pronounced, when the parties becoming apprised -of the decision which was to be given, (for this was known -at least on the 20th of May,) [Governor Claiborne's letter May -20, '07,] produced it, for the first time, to the -Notary to be recorded. And the day after its publication, -the court, by the opinion of two members -against one, [Examen 3.] adjudged the property wholly to the -very man, who, if he had ever had any right, had conveyed away -two thirds of it, before he brought his action, and -the whole while it was pending. The alarm which -this adjudication produced was immediate and great. -The fact was notorious that, from the earliest to the latest extension -of the beach, the public had had a free use of it, as -their Quai in low water, and in high water their port; and -never before had their right been doubted by themselves, or -questioned by their riparian possessors. If any fact was ever -proved by human testimony, this is. Turn to the Pieces Probantes, -and out of 29 affidavits of the oldest and most respectable -persons in the territory, men who had, most of them, borne -offices under their former government, 21 of them uniformly -declare that the public had ever been considered as having a -right to the beach, as their port and Quai, that, as such, the -Governors and Cabildo had the constant care and control of it, -had demolished buildings and enclosures erected on it, had, by -public Ban, prohibited all erections or obstructions to its use, had -themselves erected a rampart, to inclose within it a chamber accessible -for earth at high water for rebuilding the city after the -fire, and exercised uninterruptedly every other act of authority -derived from the public rights; and 11 of them prove, as far as -a negative can be proved, that the Graviers, till the change of -government, and new views by Edward Livingston, had never -pretended to more than the right of Common in it, and never -had questioned that of the public, or the authority of the -Governor and Cabildo over it. While they held -the adjacent plantation indeed, they maintained the -road and bank, as all rural proprietors are obliged -by[86] law to do: for here it is proper to observe, that pursuing the -spirit of the Roman law, which prescribed that every one should -maintain the public road along his own dwelling, 'construat vias -publicas unusquisque secundum propriam domum.' Dig 43. -10. 3. The lands in Louisiana were granted generally -on a condition, (called in those days *_servitude_,) of furnishing -ground for a public road, and of opening and -maintaining that road. From which condition, however, they -were released as to any portion of the ground which should -afterwards become a town; the expense of roads or streets of -that portion devolving then on the town itself. Accordingly -B. Gravier, after establishing the front of his plantation into a -suburb, and thus cutting off the residue from the road and -river, being[87] called on to repair the road by an order from -Governor Carondelet, who seems at the moment not to have -adverted to the change, Bertrand Gravier answered, that having -sold the lots _faisant face au fleuve_, fronting the river, he had -abandoned the batture to the town, and that the road and levee -could not be at his expense, the Governor correcting himself at -once, says, 'Gravier is right, all this is true,' and immediately, -and ever after had the repairs made by the public. And the -Graviers from that time stood discharged from these burthens -on the same principle which had freed the original owners of -the site of the city from maintaining the banks of the city. -This is declared by an host of witnesses in the Pieces Probantes, -and probably could have been declared by every ancient -inhabitant of the place. We are told indeed by Laroche and -Segur, in their affidavit, [Livingston 66.] of Carondelet, and -some other Governor asking leave of Gravier in 1795 and -1798, to deposit masts on the beach. If this be true, which Mr. -Thierry, [p. 42.] who knew the witnesses, treats as ridiculous -and absurd, it shows that they were forgetful, or inconsistent, -or over complaisant; but not that Gravier required, or expected -to be asked; and much less could it divest a public right, acknowledged -from the earliest times, and essential to the commerce -and existence of the city. An accurate discrimination -indeed between the measure of right in the riparian proprietor -while he held the adjacent farm, in the individuals of the nation -as usufructuaries, and in the sovereign as their representative -and trustee, as respectively apportioned to them by the law, -seems not to have been attended to either by the citizens at -large, or the adjacent proprietors. The riparian possessor appears -to have been sensible he had some rights, without distinctly -understanding what they were: but, whatever they were, -he knew he had parted with them by the deeds establishing his -fauxbourg. The citizens, in the daily habit of using without -control the port and Quai, imagined themselves exclusive proprietors -of its soil, and came forward in that capacity, claiming, -sometimes under some vague title which they did not define, -and sometimes under the abandonment of right by Bertrand -Gravier; *the Sovereign, formerly their kings, but -now the United States the legal holder of the public -rights in the beds, beaches and banks of all navigable waters, -seems not to have been thought of at all in the contest. -The United States were no party to the suit; -nor could they be, having made themselves _amenable_ -to no tribunal. Their property can never be questioned in any -court, but in special cases in which, by some particular law, they -delegate a special power, as to the boards of Commissioners, and -in some small fiscal cases. But a general jurisdiction over the -national demenses, being more than half the territory of the -United States, has never been by them, and never ought to be, -subjected to any tribunal. Not adverting to this circumstance, -however, the consternation in New-Orleans, on this decision, was -like that of Boston, on the occlusion of their port by the Boston -port bill. If we have not forgotten that feeling, we may judge -what the citizens of New-Orleans felt on this decree of the court. - -The governor instantly writes, [letter of May 20, '07.] 'I -understand that this morning an important cause has been determined, -in which Edward Livingston was the _real_ plaintiff, -and the city defendant, as to the right of property to some lands -in front of the fauxbourg, made by the river, and over which the -city has heretofore exercised a right of ownership. My impression -is that the United States are the legal claimants to it.' On -the 21st of August, 1807, Mr. Derbigny's opinion was published, -[Thierry 5.] and first brought into view the right of the United -States, and that the sentence of the court must of course, as to -them, be a mere nullity, 'res inter alios acta, quæque aliis non -potest præjudicium facere.' A thing passing between others, -and which to no others can do prejudice. Codex. 7. 60. And -coming, with respect to the United States, under the provisions -of the same code. - - Tit. 56. 'Si neque mandasti fratri tuo defensionem rei tuæ, - neque quod gestum est ratum habuisti, præscriptio rei judicatæ - tibi non oberit: et ideò non prohiberis causam tuam agere, - sine præjudicio rerum judicatarum.' - - 'If you have not committed to your brother the defence of - your right, nor sanctioned what has been done, the plea _rei - judicata_ shall not bar you: and therefore you shall not be - precluded from conducting your own cause, without exception - from a former decision.' - - [Sidenote: 17*] - -Certainly the city council did not appear, or pretend to appear, -under authorization from the government of the United -States, nor as the advocates of their rights. They were called -there as defendants of their own claim. The court did not undertake -to decide on the right of the United States, which -was *neither before them, nor within their competence; -and the injunction they issued could only be addressed -to the parties between whom they had adjudged, and not to -suspend the rights of others whom they had never heard, much -less of the United States, who could not be heard before them. -Sec 2 Dallas 408. 3 Dallas 412. 414. 415. - - [Sidenote: Livingston's Intrusion.] - - [Sidenote: 18*] - - [Sidenote: Appeal to government of the United States.] - - [Sidenote: 19*] - - [Sidenote: Livingston's works.] - - [Sidenote: 20*] - -Presuming, however, that the coast was now clear, and the -question finally settled, the ostensible actors withdrew, -and their principal comes forward, is put into -possession by the Sheriff, and begins his works. The -Governor, in his letter of Sept. 3, 1807, says, 'a few days since, -[Aug. 24.] Mr. Livingston employed a number of negroes to -commence digging a canal which he projected to take in a part -of the land called the batture. But the citizens assembled in -considerable force and drove them off. On the day following -he went in person, but was again opposed by the citizens. The -minds of the people were much agitated. The opposition is so -general that I must resort to measures the most conciliatory, as -the only means of avoiding still greater tumult, and _perhaps -much bloodshed_. I have not issued a proclamation because it -might make an impression in the United States that the people -are disposed for insurrection, which is not true. My opinion is -that the title is in the United States. If the batture be reclaimed, -it is feared the current of the Missisipi will in some -measure change its course, which will not only prove injurious -to the navigation, but may occasion degradation in the levees -of the city, or those in its vicinity.' To abridge our narration -by giving the substance of the communications. The people -assembled the next day about the same hour, and for several days -successively, by beat of drum. [Livingston's letter of Sept. 15. -'07.] On Monday the 31st of August, Mr. Livingston recommenced -his work, after having given notice that he should do so. -He began about 10 o'clock, A. M. and about 4 or 5 o'clock in -the afternoon the people assembled again and drove off his labourers. -On the 14th of September he again attempted to -work, getting two constables to attend his labourers. The people -drove them off, and the constables having noted on a list some -of those present, they seized them, took the list and tore it to -pieces. [Sheriff's letter.] On the next day he writes to the -Governor that he shall set his labourers to work again that day -at 12 o'clock, and 'he shall not be surprised to see the people -change the insolence of riot into the crime of murder.' At noon -he accordingly placed 10 or 12 white labourers there. In the -afternoon the people re-assembled to the number of several -hundreds. The governor repaired there and spoke to -them. He was heard with respectful attention:*and -one of them, speaking for the whole, expressed the -serious uneasiness which the decision of the court had excited, -the long and undisturbed possession of the batture by the city, -as well under the French as the Spanish government, and the -great injury which would result to the inhabitants -if the land should be built upon and improved. And -another declaring that they wished the decision of -Congress, and in the mean time, no work to be done on the batture, -there was a general exclamation from the crowd, 'that is -the general wish,' followed by a request that they might nominate -an agent to bear to the President of the United States, a -statement of their grievances, and that the Governor would recommend -the agent to the government. He said he would do -so, and they nominated Col. Macarty, by general and repeated -acclamations. They then withdrew in peace to their respective -homes, and on the 16th the Governor expresses the hope that -this unpleasant affair is at an end, that everything is then quiet, -and the public mind much composed: that some of his hot-headed -countrymen censured the mild course which was pursued, -and would have been better pleased if the _military_ had -been called upon to disperse the assemblage. But I feel, says -he, that the policy adopted was wise and humane, and that a -contrary conduct would have increased the discontents, and -_occasioned the effusion of much innocent blood_. The Louisianians, -he adds, are an amiable, virtuous people, but sensibly feel -any wrongs which may be offered them. Mr. Livingston is -alike feared and hated by most of the ancient inhabitants. They -dread his talents as a lawyer, and hate his views of speculation, -which in the case of the batture was esteemed very generally by -the Louisianians no less iniquitous, than ruinous to the welfare -of the city.' The governor says in another letter of October -5, to the Secretary of state, that in a progress he made a few -days afterwards through several parishes of the territory, he -perceived but one sentiment with respect to the decision of the -court. The long and uninterrupted use of the batture by the -city, the sanction given by the Spanish authorities to the public -claim, and the heavy public expenditures in maintaining the -levee which fronts it, seem to have given rise to a very general -opinion that the court has been in error in deciding the batture -to be private property. On the 13th of November he again -writes, 'I should be wanting in duty did I not earnestly recommend -the subject of the batture to the attention of the -government. There is no doubt but the agents of Spain considered -it as a public property, and did appropriate the same to -the use of the city, as a common. I should presume that, under -the treaty, the United States may justly claim the batture, -and if any *means can be devised to arrest the -judgment of the territorial court, or to carry this case -before another tribunal, the earlier they are resorted to, the better; -for Mr. Edward Livingston is now in possession of the property, -and _making improvements thereon_.' And the -next day, Nov. 14, a grand jury of the most respectable -characters of the place gave in a presentment -to the court in which they say, 'We present as a subject of the -most serious complaint the present operations on the batture -by Edward Livingston and others connected with him: that -this is from 4 to 6 months of every year a part of the bed of the -river, and an important part of the port of New-Orleans: that -these operations of Edward Livingston are calculated to obstruct -the free navigation of the river, to change the course of -its waters, to deprive our western brethren, whose only market -for the produce of their extensive territory, is to be found in this -city, of the deposit which has hitherto remained free to them, -and not only of incalculable importance, but of absolute necessity. -Whether it be private or public property, is immaterial, -so long as the laws do not permit such use of it as to injure -and obstruct the navigation: and we present it as our opinion -that all such measures should be taken as are consistent with -law to arrest these operations which are injurious for the present, -and, in changing the course of the river, are hazardous in -the extreme.' We find Mr. Livingston then, instead of awaiting -the decision of Congress, the only constitutional tribunal, -resuming his works boldly, and the people, whom he represented -as like 'to change the insolence of riot into the crime of -murder,' appealing peaceably, by presentment, to the laws of -their territory until the National government should decide. In -the latter end of the same year, [Surveyor's Rep. to Mayor, -Dec. 28, '08.] he opens a canal from the bank directly through -the beach into the river [88]276 feet long, 64 feet wide, and 4 feet -2 inches deep at low water, and with the earth excavated he -forms a bank or quai, on each side, 19 feet 6 inches wide, from -4 to 6 feet high above the level of the batture, and faced with -palisades. Within one year after this, what had been anticipated -by the Governor, the grand jury and others, had already -manifested itself. In Dec. of the ensuing year, 1808, [See Surveyor's -rep. Dec. 28, '08.] a bar had already formed across the -mouth of the canal, which was dry at low water, the course of -the waters had been changed during the intervening flood, and -the places where dry ground first showed itself, on the decrease -of the river, were such as had, the year before, been navigable -at low water. [Mayor's *answer to Governor, -Nov. 18, '08.] The port in front of the town had been -impaired by a new batture begun to be formed opposite the -Custom house, which could not fail to increase by the change -of the current. The beach or batture of St. Mary had, in that -single tide extended from 75 to 80 feet further into the river, -and risen from 2 to 5 feet 10 inches generally, and more in -places, as a saw scaffold which, at the preceding low tide, was -7 feet high, was now buried to its top; and Tanesse, the Surveyor, -[See his affidavit, MS.] in his affidavit says he does not -doubt that these works have produced the last year's augmentation -of the batture, at the expense of the bed of the river, -have occasioned the carrying away a great part of the platin or -batture of the lower suburbs, and breaking the levee of M. -Blanque next below, and that the main port of the city being a -cove, immediately below Livingston's works, would, if they -were continued, be filled up in time; and it is the opinion of -Piedesclaux also, [See his 3d affidavit, MS.] that they would -produce changes in the banks of the river, on both sides, prejudicial -to the city, and riparian proprietors, by directing the -efforts of the river against parts not heretofore exposed to it. -And Mr. Poydras tells us, [p. 20 of one of his speeches,] that -when the river is at its height, the boats which drift down it -can only land in the eddies below the points, as they would be -dashed to pieces in attempting to land in the strong current. -That, at the town, they cannot land for want of room, there being -always there two or three tier of vessels in close contact; -nor at the lower suburbs of Marigny, which being at the lower -part of the cove, are too much exposed both to winds and current. -Indeed no evidence is necessary to prove that in a river -of only 1200 yards wide, having an annual tide of 12 to 14 feet -rise, which brings the water generally to within 8 or 10 inches, -and sometimes 2 or 3 inches, of the top of the levee, insomuch -that it splashes over with the wind, [See Peltier's, and Tanesse's -affidavits, MS. and also the maps,] were the channel narrowed -250 yards, as Mr. Livingston intends, that is to say, a fourth or -fifth of its whole breadth, the waters must rise higher in nearly -the same proportion, that is to say, 3 feet at least, and would -sweep away the whole levee, the city it now protects, and inundate -all the lower country. - - [Sidenote: 21*] - - [Sidenote: Cabinet deliberation.] - -Thus urged by the continued calls of the Governor, who declared -he could not be responsible for the peace or preservation -of the place, by the tumult and confusion in which the city was -held by the bold aggressions of the intruders on the public rights, -by the daily progress of works which were to interrupt the commerce -of the whole western country, threatened to sweep -away a *great city and its inhabitants, and lay the adjacent -country under water, I listened to the calls of -duty, imperious calls, which had I shrunk from, I should have -been justly responsible for the calamities which would have followed. -On the 28th of October, '07, the Attorney General had -given his opinion, and on the 27th of November, -I asked the attendance of the heads of the departments, -to whom the papers received had been previously -communicated for their consideration. We had the -benefit of the presence of the Attorney General, and of the -lights which it was his office to throw on the subject. We took -of the whole case such views as the state of our information at -that time presented. I shall now develope them in all the fulness -of the facts then known, and of those which have since -corroborated them. - - [Sidenote: What law?] - - [Sidenote: Proclamation of O'Reilly.] - - [Sidenote: French code.] - - [Sidenote: 22*] - - [Sidenote: 23*] - - [Sidenote: Roman.] - - [Sidenote: 24*] - -The first question occurring was, what system of law was to -be applied to them? On this there could be but one -opinion. The laws which had governed Louisiana -from its first colonization, that is to say, the laws of France with -some local modifications, were still in force when this question -was generated by the sale of the Jesuits' property to B. Gravier -and others. France had indeed, about the end of the preceding -year 1762, by a secret convention, ceded Louisiana to Spain, to -be delivered whenever Spain should be in readiness to receive it. -But this was not announced to the inhabitants till the 21st of -April, 1764, nor did Spain receive possession till the 17th of August, -1769. [9 Raynal, 222. 235.] In the mean time the French -government and laws continued, the Jesuits' property was sold, -and purchased under the faith of the existing laws; and according -to these laws must the rights acquired by the purchaser, or -left in the crown, be decided. Indeed in no case are the laws of -a nation changed, of natural right, by their passage from one to -another denomination. The soil, the inhabitants, their property, -and the laws by which they are protected go together. Their -laws are subject to be changed only in the case, and extent which -their new legislature shall will. The changes introduced by -Spain, after 1769, were chiefly in the organization of their government, -and but little in the principles of their jurisprudence. -The instrument which some have understood as suppressing -the French and introducing the Spanish -code, is the proclamation of O'Reilly of November -25, 1769, two months after the actual delivery of the colony. -[See appendix to documents communicated to Congress by the -President, with his message of October 17, 1803.] The transfer -of the country, however, had been announced to the people five -years before. Now surely, during these five years -the *French laws must have continued entire, and -of course after them, so far as not altered. And -that this proclamation made specific only, and not -general alterations, a brief examination of its tenor -will evince. It begins by charging the late council with a participation -in the insurrection which had taken place, and by -declaring it indispensable to abolish that, and to establish the -_form_ of politic government and administration of justice prescribed -by the wise laws of Spain. But a _form_ of government -may surely be changed, and the mass of the laws remain the -same, as took place in our revolution. He proceeds then to establish -that _form of government_, _dependence_ and _subordination_, -which should accord with the good of the service, and happiness -of the colony. For this purpose he substitutes a Cabildo, -in place of the ancient council, and instead of former analogous -officers, he says there shall be Alferes, Alcades, Alguazils, Depositors, -Regidors, a Scrivener, Procurator, Mayordomo, &c.; -adopting thus the Spanish instead of the French organization -of officers, for the administration of the laws. He changes the -manner of proceedings in judicial trials, and of pronouncing judgments, -according to a digest made by Unestia and Rey, by his -order, _until_ a general knowledge of the Spanish language and -more extensive information on the statutes themselves might be -acquired; prescribes rules for instituting actions by parties, of -different denominations, the names and substance of the pleadings, -rules for appearances, answers, replications, rejoinders, depositions, -witnesses, exceptions, trials, judgments, appeals, executions, -testaments, probates, advancements, and distributions: not -changing the great outlines of the law, or the ratio decidendi -generally; but merely the organization of officers, and forms of -their proceeding. He states also the criminal law, what it is in -sundry cases of irreligion, treason, murder, theft, rape, adultery, -and trespass, proclaiming mostly what was already law; lastly, -he establishes the fees of officers, and with that closes the proclamation, -without a word said about abolishing the French, and -substituting the Spanish code of laws generally. As far then as this -instrument makes any special changes, its authority is acknowledged. -But the very act of making special changes is a manifestation -that a general one was not then intended. He did not -mean by this instrument to change 'all and some.' One may -indeed conjecture, from loose expressions in the instruments, that -a more extensive change was in contemplation for some future -time, when the inhabitants, as it says, should have acquired a -general knowledge of the Spanish language. But _until_ then -expressly, and in the interim, the innovations it specifies are -the only ones introduced. The great system of law which -*regulates property, which prescribes the rights of persons and -things, and sanctions to every one the enjoyment of those -rights, is left untouched, in full force and authority. If such -a radical change were really meditated, it was never carried -into execution; nor seems at any after time to have occupied -seriously the attention of government. In the following year -1770, O'Reilly issued an additional ordinance respecting grants -of lands; and Carondelet, in 1795, (26 years after the possession -of the colony, and a year only before its transfer to us,) passed -an ordinance of police, concerning bridges, roads, levees, slaves, -coasters, travellers, arms, estrays, fishing and hunting; and these -three acts seem to constitute the whole of the changes made in -the established system of laws during the Spanish occupation of -the country. Probably the Spanish authorities found, in the -progress of their administration, that the difference between the -French and Spanish codes, taken both from the same Roman -original, would not justify disturbing the public mind, by a formal -suppression of the one, and substitution of the other. Probably -the officers themselves, not adepts in either, and partly French, -and partly Spanish individuals, confounded them in practice as -they found convenient; and hence the ill-defined ideas of what -their laws were. But certainly when we appeal, as in the present -case, to exact right, the French code is the only one sanctioned -by regular authority; and the special changes before mentioned, -of organization and police, having no relation to the beds -and increments of rivers, that code is to give us the law of the -present case. That code, like all those of middle and southern -Europe, was originally feudal, [Encyclop. Method. Jurisprudence. -Coutume. 400.] with some variations in the different provinces, -formerly independent, of which the kingdom of France had -been made up. But as circumstances changed, and civilization -and commerce advanced, abundance of new cases and questions -arose, for which the simple and unwritten laws of -feudalism had made no provision. At the same -time, they had at hand the legal system of a nation highly civilized, -a system carried to a degree of conformity with natural -reason attained by no other. The study of this system too was -become the favorite of the age, and, offering ready and reasonable -solutions of all the new cases presenting themselves, was -recurred to by a common consent and practice; not indeed as -laws, formally established by the legislator of the country, but as -a RATIO SCRIPTA, the dictate, in all cases, of that sound reason -which should constitute the law of every country.[89] Over -both of these systems, however, the occasional* edicts of -the monarch are paramount, and amend and control their -provisions whenever he deems amendment necessary; on the -general principle that 'leges posteriores priores abrogant.'[90] Subsequent -laws abrogate those which were prior. This composition -of the French code is affirmed by all their authorities. -One only of them shall be particularly cited, to wit, Ferriere -Dict. de droit. Ordonnance. - - 'Les Ordonnances sont les vraies lois du royaume. Elles - font la partie la plus générale et la plus certaine de notre - droit Français, attendu qu'elles sont soutenues de l'autorité - aussi bien que de la raison; au lieu que les loix Romaines ne - subsistent que par leur équité, elles n'ont par elles-mêmes - aucune autorité, qu'autant qu'elles sont considérées comme - une raison écrite, du moins en pays coutumier; et à l'égard du - pays de droit écrit, les loix Romaines n'y ont force de loi, - que parceque nos rois ont bien voulu y consentir.' - - The Ordinances are the true laws of the kingdom. They constitute - the most general and certain part of our French law, inasmuch - as they are supported by authority as well as reason; whereas - the Roman laws stand on their equity alone, having of themselves - no authority, but as they are considered as _written reason_, - at least in the provinces of Customary law. And as to those - of written law, the Roman laws are in force only because our - kings have thought proper to consent to it. - - [Sidenote: 25*] - - [Sidenote: 26*] - -This system of law was transferred to Louisiana, as is evinced -by the [91]charter of Louis XIV. to Crozat, bearing date -the *14th of Sept. 1712. The VIIth article of that is in -these words. 'Our edicts, ordinances and customs, and -the usages of the Mayorality and Shreevalty of Paris, shall be -observed for laws and customs in the said country of Louisiana.' -The customary law of Paris seems to have been selected, because -considered as the best digest, and that to which it was proposed -to reduce the customary law of all the provinces. Enc. -Meth. Jurispr. Coutume. 405. This is the first charter we know -of which established the boundaries and laws of Louisiana. It -says nothing of the Roman law; but that, having become incorporated, -by usage, with the customs of Paris, and constituting, as -a supplement, one system with them, seems to have been considered -as of their body, and transferred with them to Louisiana.[92] -In 1717, Crozat transferred his rights to the Compagnie d'Occident, -at the head of which was the famous Law, 8. Raynal. -166. [edit. 1780.] which again in 1720, by union with others, -became the Compagnie des Indes, who in 1731, surrendered the -colony back to the king. 1. Valin, 20. But these various transfers -from company to company, of the monopoly of their commerce, -for that was the sum of what was granted them, and their -final surrender to the king, could not affect the rights of the -people, nor change the laws by which they were governed. When -they returned to the immediate government of the king, their -laws passed with them, and remained in full force until, and so -far only as, subsequently altered by their legislator. That -this was the sense of their *government may be inferred -from a clause in the edict creating the Compagnie des -Indes Occidentales, art. 34. - - 'Seront les juges établis en tous les dits lieux tenus de juger - suivant les lois et ordonnances du royaume, et les officiers de - suivre et se conformer à la coutume de la Prevôté et vicomté - de Paris, suivant laquelle les habitans pourront contracter, - sans que l'on y puisse introduire aucune autre coutume, pour - éviter la diversité. 1. Moreau de St. Mery, 100. - - 'The judges established in all the said places shall be held to - adjudge according to the laws and ordinances of the kingdom, and - the officers to follow and conform themselves to the customs - of the Prevôté and vicomté of Paris, according to which the - inhabitants may contract, without that any other custom may - be introduced, to avoid diversity.' 1. Moreau de St. Mery, 100. - - [Sidenote: Alluvion.] - -This then is the system of law by which the legal character -of the facts of the case is now to be tested: and the -plaintiff and his counsel having imagined that, in the -Roman branch of it, they had found a niche in which they could -place the batture to great advantage, have availed themselves of -it with no little dexterity, and by calling it habitually an alluvion, -have given a general currency to the idea that it is really an alluvion: -insomuch that even those who deny their inferences, -have still suffered themselves carelessly to speak of it under that -term. Were we, for a moment to indulge them in this misnomer, -and to look at their claim as if really an alluvion one, the -false would be found to avail them as little as the true name. -The Roman law indeed says, 'quod per alluvionem agro tuo -flumen adjecit, jure gentium, tibi adquiritur.' 'What the river -adds to your field by alluvion, becomes yours by the law of nations. -Institute. L. 1. tit. 1. §. 20. Dig. L. 41. tit. 1. §. 7. The -same law, in like manner, gave to the adjacent proprietors, the -sand bars, shoals, islands rising in the river, and even the bed of -the river itself, as far as it was contracted or deserted. Inst. 2. 1. -22. and 2. 1. 23. But the established laws of France differed in -all these cases. - - [Sidenote: 27*] - - 'Par notre droit Français, dit Pothier, les alluvions qui - se font sur le bord des fleuves, et des rivières navigables, - appartiennent au roi. Les propriétaires riverains n'y peuvent - rien prétendre, à moins qu'ils n'ayant des titres de la - concession que le roi leur aurait faite du droit d'alluvion.' - 1. Pothier. Traité de la propriété. *1 Part. c. 2. §. 3. art. - 2. No. 159. - - 'By our French law, says Pothier, one of their most respected - authorities, the alluvions formed on the borders of navigable - streams and rivers belong to the king. The proprietors of - riparian heritages can have no claim to them, unless they have - evidences of the grant made to them by the king, of the right - of alluvion along their heritages.' Pothier, Part 1. c. 2. §. - 3. art. 2. No. 159. cited Derbigny, xviii. - -And Guyot, in the Répertoire Universel de Jurisprudence, a -work also of authority and cited with approbation by the plaintiff -and his counsel, [Liv. 21. Du Ponceau, 14.] under the word -'île,' says, - - 'Nous n'admettons pas comme les Romains, les alluvions, et - les accroissemens, au profit des propriétaires riverains, - soit par les changemens qui peuvent survenir dans le lit des - rivières, soit relativement aux îles, et îlots qui peuvent s'y - former. Chez eux le lit, et les bords des fleuves et rivières - étaient censés faire partie des héritages riverains; et par une - suite de ces maximes, le terrain qu'un fleuve ajoutait à ces - héritages, appartenait à ceux qui en étaient propriétaires. - Ils réunissaient de même à leurs possessions le lit que le - fleuve abandonnait; et lorsqu'il se formait une île dans le - milieu de son lit, les riverains y avaient un droit égal, - et en partageaient la propriété. Suivant nos principes, les - rivières navigables, leur lit, rives, et tous les terrains - qui peuvent s'y former, appartiennent au roi, à raison de sa - souveraineté. C'est la disposition précise de l'article 41. - du tit. 37 de l'Ordonnance des eaux et forêts de 1669, qui - a dissipé tous les doutes que l'on cherchait à faire naître - dans plusieurs provinces, sur les fondemens des énonciations - qui se rencontraient dans les anciennes concessions. - - 'We do not admit, as the Romans, alluvions and accumulations - to go to the riparian proprietors, either by changes which - may happen in the bed of rivers, or relating to isles, and - islets which may there be formed. With them the bed and borders - of rivers and streams were considered as making part of the - riparian inheritances; and as a consequence of these maxims, the - earth which a river added to these inheritances, belonged to - those who were the proprietors of them. They reunited in like - manner to their possessions the bed which a river abandoned, - and when an isle was formed in the middle of its bed, the - riparians had an equal right to it, and divided the property. - According to our principles, navigable streams, their bed, - banks, and all the grounds which may be formed there, belong - to the king, in right of his sovereignty. It is the precise - provision of art. 41. tit. 37. of the Ordonnance des eaux et - forêts, which has dissipated all the doubts which they had - endeavored to raise in several provinces, on the grounds of - the enunciations which were found in the ancient concessions.' - Cited Derbigny 23. - -Again, after laying down the Roman law of alluvion, and of -islands formed in the beds of rivers, Le Rasle, in the law Dictionary, -forming a part of the Encyclopédie Méthodique. Jurisprud. -accession. 94, says, - - [Sidenote: 28*] - - 'Nous n'avons pas suivi dans notre droit Français les - *dispositions Romaines à cet égard; toutes les isles ou autres - attérissemens qui se forment dans les rivières appartiennent - au roi, et font partie du domaine. Les terres ajoutées par - alluvion aux héritages baignés par le fleuve et les rivières - navigables, n'appartiennent aux riverains, que lorsqu'ils out - un titre de concession qui leur permet de se les approprier.' - - 'We have not in our French law followed the Roman provisions - in this respect; all islands or other accumulations which are - formed in rivers, belong to the king, and constitute a part of - the domain. Lands added by alluvion to inheritances washed by - rivers and navigable streams, do not belong to the riparians - but when they have a deed of concession which permits them to - appropriate them to themselves.' - -And Ferriere, quoted also by the plaintiff, says, - - 'Pour ce qui regarde l'augmentation arrivée à un héritage - subitement et tout d'un coup, la décision que les loix Romaines - ont faites à cet égard n'est point observée dans le royaume. - Cette augmentation appartient au roi, dans les rivières - navigables.' And Denizert agrees, 'que les attérissements - formés subitement dans le mer, ou dans les fleuves ou rivières - navigables, appartiennent au roi, par le seul titre de sa - souveraineté.' - - 'As to augmentations happening suddenly and all at once, the - decision of the Roman laws in this respect, is not observed - in the kingdom. These augmentations belong to the king in - navigable rivers.' And Denizert agrees, 'that atterrissements - formed suddenly in the sea, or the navigable rivers or streams, - belong to the king in the sole right of his sovereignty.' - -And he refers to the edicts of 1683. 1693. and 1710. - -And to put aside all further question as to the law of France on this -subject. Louis XIV. by an edict of December 15, 1693, says, - - [Sidenote: 29*] - - 'Louis, &c. salut. Le droit de propriété que nous avons sur - tous les fleuves et rivières navigables de notre royaume, - et conséquemment de toutes les isles, moulins, bacs, &c. - attérissemens et accroissemens formés pas les dites fleuves - et rivières, étant incontestablement établi par les lois de - l'état, comme une suite et une dépendence nécessaire de notre - souveraineté, les rois nos prédecesseurs et nous, avons de - tems en tems, ordonné des recherches des isles et crémens qui - s'y sont formés, &c. A ces causes, de l'avis de notre conseil - et de notre certaine science, pleine puissance et autorité - royale, nous avons par ces *présentes, signées de notre main, - dit, statué et ordonné, disons, statuons et ordonnons, voulons - et nous plait, que tous les détenteurs, propriétaires, ou - possesseurs des îles, îlots, attérissemens, accroissemens, - _alluvions_, droits de pêche, péages, ponts, moulins, bacs, - coches, bateaux, édifices et droits sur les rivières navigables - de notre royaume, qui rapporteront des titres de propriété ou - de possession, avant le 1er Avril, 1566, y soient maintenus - et conservés dans leurs possessions, en payant au fise une - année, et ceux sans titre, ni possession antérieurs au 1er - Avril, 1566, en payant deux années de revenu.' - - 'Louis, &c., Greeting. The right of property which we have - in all rivers and navigable streams of our kingdom, and - consequently in all the isles, mills, ferries, &c. accumulations - and increments formed by the said rivers and navigable streams, - being incontestably established by the laws of the state, as - a necessary consequence and dependence of our sovereignty, - the kings, our predecessors, and ourselves, have from time - to time ordered inquiries as to isles and increments therein - formed, &c. For these causes, with the advice of our council, - and of our certain knowledge, full power and royal authority, - we have by these presents, signed with our hand, declared, - enacted and ordained, and we do declare, enact and ordain, we - will, and it is our pleasure that all the holders, proprietors, - or possessors, of isles, islets, accumulations, increments, - _alluvions_, rights of fishery, tolls, bridges, mills, ferriers, - packets, bateaux, edifices and imposts on the navigable rivers - of our kingdom which shall produce titles of property or of - possession before the 1st of April, 1566, shall be therein - maintained and secured in their possessions, on paying to the - treasury one year's revenue, and those without title papers, - or possession prior to the 1st of April, 1566, on payment of - two years' revenue.' - -Having no copy of this Ordinance, I quote it from Mr. Derbigny, -p. 20. Duponçeau, p. 10. and l'Examen de la Sentence, -p. 8, by putting together the parts they cite, for neither gives -the whole of what I have cited. Other respectable authorities -might be produced, to the same effect, were it necessary to multiply -them: and it is also admitted that authorities of weight, and -of a different aspect exist, among these is Dumoulin, as respectable -as Pothier, Guyot, or any other who has been cited. Were -it absolutely incumbent on me, more than on those who rely on -the contrary authorities, to assign reasons for a difference of -opinion among lawyers, on any point, it might be ascribed in this -case to a difference of impression from views on the same subject, -diversified as were the customs of the various provinces of -France, on this very point. Dumoulin wrote a century and a -half before the Ordinance of Louis XIV. In that course of time -printing had become more diffused, books greatly multiplied, -and a more correct collation of these customs could be made. -So that had Dumoulin written in the days of Pothier and Guyot, -and with their advantages, he would probably have concurred in -the preceding observation, that, 'if there were any doubts, this -Ordinance has dissipated them.' Be this as it may, Louis XIV. -and his council have decided between these two opinions, and if -it were not law before, his decision made it so. By this edict he -declares the law of France, 'incontestably,' to be that '_Alluvions_ -belong to the king in all navigable rivers.' But with a spirit* -of indulgence, meriting more respect than he has found -in the language of the adverse party who dislike the truths -he has declared, he confirmed all anterior usurpations, -on payment of certain compositions and future rents, re-establishing, -by the example, the authority of the laws, and rights of -the crown against these usurpations. This Ordinance was passed -19 years before the charter to Louisiana, and consequently was -comprehended among the edicts and ordinances originally established -as the law of the Province. - - [Sidenote: 30*] - - [Sidenote: 31*] - -Mr. Livingston and his advocates have asserted that the right -to the beds and increments of rivers, is a gift of the feudal system -to the sovereign, that is, to the nation, and is a peculiarity -of that system: and further, that that system was never introduced -into Louisiana. That the latter assertion is palpably erroneous, -could be readily shown, were not the question altogether -unnecessary. With respect to the former, surely it is putting the -cart before the horse to say, that the authority of the nation flows -from the Feudal system, instead of the Feudal system flowing -from the authority of the nation. That the lands within the -limits assumed by a nation belong to the nation as a body, has -probably been the law of every people on earth at some period -of their history. A right of property in moveable things is admitted -before the establishment of government. A separate -property in lands not till after that establishment. The right to -moveables is acknowledged by all the hordes of Indians surrounding -us. Yet by no one of them has a separate property in lands -been yielded to individuals. He who plants a field keeps possession -till he has gathered the produce, after which one has as -good a right as another to occupy it. Government must be established -and laws provided, before lands can be separately appropriated, -and their owner protected in his possession. Till then -the property is in the body of the nation, and they, or their -chief as their trustee, must grant them to individuals, and determine -the conditions of the grant. In certain countries, they have -granted them on a system of conditions and principles which -have acquired the appellation of Feudal. Surely then it is the -sovereign which has created the Feudal principles, and not these -principles which have created the rights of the sovereign. The -Edinburgh Reviewers, [No. 30. 339. Jan. 1810.] who in the progress -of their work have deservedly attained a high standing in -the public estimation, reviewing the condition of land-tenures -among the Hindoos, say, 'the territory of the nation, belonging -in common to the nation, belongs, in this general sense, to the -king, as the head and representative of the nation. As far accordingly -as we have sufficient documents respecting rude -nations*, we find their kings, _without perhaps a single -exception_, recognized as the sole proprietors of the soil.' -And they quote as their authorities, - - In Europe. - - For Wales, Leges Walliæ. c. 337. - - Great Britain. The Bretons while they held the whole island, - Turner's Anglo Saxons, c. 3. - - Gaul and Germany. Cæsar, 4. 1. To which add Spain, Portugal, - Italy, and all feudal states. - - - In Asia. - - For China. Barrow. 397. - - India. Montesq. Sp. L. 14. 6. Scott's Ferishta, vol. 2. 148-495. - 2. Bernier, 189. - - Persia. 3. Chardin, 340. Syria and the Turkish dominions. 2. - Volney, 402. - - - In Africa. - - For Egypt. Herodot. 2. 109. Volney passim. - - Other parts of Africa. 4. Hist. gen. des voyages 13. v. do. - 7. 5. 17. Mod. Univ. Hist. 322. Parke, 260. - - - In America. - - For the Spanish part. Acosta 6. 15. and 18. Garcilaso, 1. 5. - 1. Carli. letter 15. - - - For the United States and the Indian hordes of our continent, - we cite our own knowledge. - - [Sidenote: 32*] - -It seems then to be a principle of universal law that the lands -of a country belong to its sovereign as trustee for the nation. In -granting appropriations, some sovereigns have given away the -increments of rivers to a greater, some to a lesser extent, and -some not at all. Rome, which was not feudal, and Spain and -England which were, have granted them largely; France, a -feudal country, has not granted them at all on navigable rivers. -Louis XIV. therefore was strictly correct when in his edict of -1693, he declared that the increments of rivers were incontestably -his, _as a necessary consequence of the sovereignty_. That is -to say, that where no special grant of them to an individual could -be produced, they remained in him, as a portion of the original -lands of the nation, or as new-created lands, never yet granted -to any individual. They are unquestionably a regalian, or national -right, paramount, and pre-existent to the establishment of -the feudal system. That system has no fixed principle on the -subject, as is evident from the opposite practices of different -feudal nations. The position, therefore, is entirely unfounded, -that the right to them is derived from the feudal law; and it is -consequently unnecessary to go into the proof of what -the grants in that country *exhibit palpably enough, that -infeudations were partially at least, if not generally, introduced -into Louisiana. - -It ought here to be observed however that, so far as respects -the beds and navigation of rivers, the right vested in the sovereign -is a mere trust, not alienable. It is not like lands, imposts, -taxes, an article of public property constituting the revenues of -the state, but like roads, canals, public buildings, reserved for -the use of the individuals of the nation. See an explanation of -this subject, Vattel 1. 235. 239. - - [Sidenote: M. Thierry.] - - [Sidenote: 33*] - -I have now to advert, and I do it with extreme regret, to a -passage in the very able Memoire of M. Thierry, a -Memoire conspicuous for its learning and sound reasoning, -and to which I acknowledge myself peculiarly indebted -for information on the points he has discussed. He says, p. 30. -'To the ancestors of John Gravier the right of alluvion belonged, -not only by virtue of the Coutumes de Paris, which for two centuries -back acknowledged the principle of the Roman law, and -against which, for that reason, the Ordinances of the kings of -France could with no manner of success be pleaded, inasmuch -as a royal ordinance specially made that Coutume the civil law -of this colony; but also by virtue of the Spanish laws, which -from 1769, have been constantly in force in Louisiana.' 1. That -the Roman principle of Alluvion was acknowledged by the Coutumes -de Paris has not been proved. The adverse counsel, -[Dupon. p. 9.] has said indeed, that those Customs were silent on -this subject. But I have considered Pothier, Guyot, and Le -Rasle as better authority. 2. Mr. Thierry supposes that a Royal -Ordinance having specially made that Coutume the civil law of -Louisiana, the Ordinances of the kings of France were excluded -from the system, and could not control what was Coutume. -He had not, I presume, seen the charter of 1712, which makes -the edicts and _ordinances_, with the Coutume de Paris, the law -of that province; nor sufficiently considered that had the Coutumes -been alone established by one ordinance, another might -change them. 3. He supposes the Spanish laws have given Alluvions -to the riparian proprietor. But the laws of the province, -established by their charter, were not annulled by the change of -one king for another, as their legislator. The latter might change -them. But has he done so? If he has, his edict must be produced, -that we may weigh its words, and judge of its effects -for ourselves. And we must guard against admitting that the -example of a Spanish Governor, if such example has occurred, -occasionally and incorrectly acting on the laws of Spain, amounted -to a repeal of the whole system then existing, and a formal -establishment of a different one. No such intention on -his part, *to make so momentous a change, should be so -slightly inferred; and no power of his could effect it, -even if intended. Nothing less than an Ordinance of the Sovereign -himself, signed with his own hand, and sanctioned by all -the solemnities attending their enactment and promulgation, was -competent to reverse at once the legal condition of a whole -people, and the laws under which their lives and properties were -held. Again, even such an ordinance could not change the law -as to past rights; and those now in question were vested before -the Spanish government took place, and could not be annulled -by a subsequent law. These gratuitous admissions, therefore, of -Mr. Thierry, not at all necessary to his argument, and therefore -probably not well considered, and in opposition to the opinions -and demonstrations of an able brother counsellor (Mr. Derbigny), -must be disavowed, and the authority of the Ordinance -of 1693 insisted on with undiminished confidence. Mr. Thierry -himself will perhaps the more readily abandon them, when he -sees with what avidity his eagle-eyed adversary has pounced -upon them in a letter to some member of the government, in -which he considers them as giving up all ground of opposition -to his claims. - - [Sidenote: Edict of Louis XIV.] - - [Sidenote: 34*] - -To that edict then I shall now recur; and to the cavils raised -against it by the advocates of the claims it annihilates. -It is idle for them to call it bursal, fiscal, and -the act of a tyrant, &c. [Duponc. 10.] as if the -authority of laws was to be graduated by the character of the existing -legislator; and as if we were to be the judges, for other -nations, of the character and obligation of their laws. It is vain -to pretend that because the word 'Alluvion,' inserted in the enacting -clause of the edict, is not in the preamble, therefore it has no -force in the body of the law: as if the preface, giving the general -reason and views of the law, was alone to be the law, and its -actual enactments a mere nullity. Although the preamble of a -statute is considered as a key to open the mind of the makers as -to the mischiefs in their view, yet in general it is no more than -a recital of some inconveniences, which does not exclude any -other for which the enacting clauses provide; nor must the -general words of an enacting clause be restrained by the particular -words of the preamble. 6. Bac. Abr. Statute. I. 2. and the -authorities there stated. So says our law; so says reason; and -so must say the Roman law, if it be ratio scripta. But it is -further to be observed that the words 'attérrissements and accroissements,' -accumulations and increments, used in this preamble -are generic terms, of which 'Alluvion' is a species, and -therefore strictly comprehended by it. This is proved -by the Roman definition, 'Alluvio est _incrementum_* -latens,' 'alluvion est un accroissement ou crement imperceptible,' -by the Napoleon code cited by Mr. Livingston: - - [Sidenote: Napoleon Code.] - - 'Les attérissements et accroissements qui se forment - successivement et imperceptiblement aux fonds riverains d'un - fleuve, ou d'une rivière, s'appellent Alluvion.' §. 556 - - 'The accumulations and increments which form themselves - successively and imperceptibly against the riparian lands of - a river or stream are called Alluvion.' Sect. 556. - - [Sidenote: Portalis.] - -And by the edicts of 1686 and 1689, both of which have the -expression '_crémens_ qui s'y sont formés, soit par _alluvion_, -ou par industrie, &c.' And here Portalis's -rhetorical flourish, on presenting this law, is cited, [Duponc. 17. -Liv. 22.] with triumph, as declaring that this law terminates -the great question of Alluvion, and decides it conformably to -the Roman law. It is very true indeed that it has terminated -the question as to future cases, by changing the law, by transferring -the right of Alluvion from the sovereign to the riparian proprietor, -by giving the abandoned bed of a river, as an indemnification -to him on whose land it has opened a new passage, and -making this the future law of all the provinces. And had Louisiana -then been subject to France, the law would have been -changed _thenceforward_, for Louisiana also. I find no fault with -Napoleon for this Roman predilection. I believe the change is -for the better, so far as concerns rural possessions. A decision -too of the parliament of Bordeaux is quoted by Mr. Duponceau -19. to prove that the law giving Alluvion to the adjacent possessor -has been acknowledged in France by the decision of the parliament -of Bordeaux, confirmed, _as he has heard_, on appeal by -the parliament of Paris. This proves only that the Roman law -of alluvion was the law of the Generality of Bordeaux, not that -it was then the law of all France. In the country called the -Bordelois, Customary laws prevail. But - - 'Lorsque la coutume de Bordeaux ne s'est pas expliquée sur - certains points de droit, ce n'est ni à la coutume de Paris, - ni à d'autres coutumes qu'on a recours pour les faire décider, - mais au droit écrit.' Enc. Meth. Jurisp. Bordeaux.' - - - 'When the Custom of Bordeaux has not sufficiently explained - itself on certain points of law, it is neither to the Customs of - Paris, nor to other customs that recourse is had for decision, - but to the written law,' that is, the Roman law. - -The inference then is, either that the Coutume de Bordeaux was -the same on this point as the Roman law, or, that being silent, -the Roman law was referred to.[93] - - [Sidenote: 35*] - -*Surely never was the urgency of squeezing argument -out of everything so apparent, as in the emphasis with -which the adverse party presses and comments, [Liv. 32.] on the -answers of the several tribunals, to which the Napoleon Code -was referred for consideration and amendment. A dozen tribunals -are named, with an &c. for more, who are acknowledged to have -said nothing about alluvion: and this is produced as proof that it -had belonged before to the riparian proprietor. But it proves -more probably that these tribunals were contented with the -change proposed, and had no amendment of it to offer. But, in -truth, it proves nothing either the one way or the other. The -tribunal of Paris is then quoted, with an acknowledgment that -they do not make a single observation on the subject. Then long -extracts from that of Rouen, proposing that _islands_, rising in the -rivers, shall be given to the riparian proprietors: and recommendations -to the same effect from those of Toulouse and Lyons. -Now it is remarkable that neither the word 'Alluvion,' nor the -idea of the thing, is either expressed or referred to in any one of -these quotations. And yet Mr. Livingston says, 'we find all -these learned men either passing over these articles, as merely -declaratory of the old law, or else _expressly acknowledging them_ -as such;' and again after the citation from Rouen, 'here we have -the positive declaration of a learned tribunal, &c. deciding that -the edicts did not extend to alluvions, but only to islands in navigable -rivers.' And yet I repeat that neither the word nor the -idea is to be found in any one of the quotations; for it is of -these only I can speak, not possessing the book, but I presume -Mr. Livingston's quotations are of the strongest passages. It is -impossible to characterize such reasoning respectfully. I shall -therefore leave it to the reflection of others. And I think myself -authorized to conclude on the whole, that had the Batture -been really an Alluvion, its ownership was to be decided by the -laws of France; and that Louis XIV. with the advice of his -council, certainly knew when they declared what the law of their -country 'incontestably' was; and if we, with our scanty reading -on the subject, at this day and distance, know better than they -did, yet the enacting clause of the edict made it the law _thenceforward_; -that it came over as law for Louisiana, made the batture, -if an alluvion, the property of the sovereign; and certainly the -whole tenor of the conduct of the Spanish government proved -that they did not mean to relinquish it. - - [Sidenote: 36*] - -Before we quit this branch of the discussion, it is not amiss to -*observe that the eloquent declamations of these learned -men of Rouen, so much eulogized by Mr. Livingston, -were not at all heeded. The Napoleon code, §. 560. -retained the _islands_ rising in the beds of navigable or floatable -rivers, and (changing the French law only as to alluvions) declares, -§. 538. in opposition to the Roman law, that - - 'Les fleuves et rivières navigable ou flottables, les rivages, - lais et relais de la mer, les ports, les havres, les rades, - &c. sont considérés comme le dépendances du domaine public.' - - - 'Rivers and navigable or floatable streams, shores, increments - and decrements of the sea, ports, harbors, roads, &c. are - considered as dependances of the public domain.' - -So that notwithstanding the 'persuasive and conclusive arguments -of these first lawyers of the country,' Liv. 31. the French -law as it stands at this day, and stood before, would have given -the batture to the public, being unquestionably the [94]rivage or -shore of the river.[95] - - [Sidenote: 37*] - - [Sidenote: 38*] - - [Sidenote: 39*] - -*I will now proceed further and say, that had the batture -been an alluvion, and to be decided by the Roman, -instead of the French law, the conversion of the plantation -of Gravier into a *suburb, made it public property. And -here I rejoin with pleasure the standard of M. Thierry, -and avail myself of his luminous discussion of this point. -Were I fully to go into it, I could *but repeat his matter. I shall -therefore give but a summary view of it, and rest on his -argument for its more detailed support. - - [Sidenote: Rural and Urban.] - - [Sidenote: 40*] - - [Sidenote: 41*] - -The position laid down is that the Roman law gave alluvion only to the -rural proprietor of the bank; urban possessions being considered as -prædia limitata, limited possessions. The law which gives this right is -expressed in the Institutes in these words, 'quod per alluvionem _agro_ -tuo flumen adjecit, jure gentium tibi adquiritur.' Inst. 2. 1. 20. 'What -the river has added, _agro tuo_, becomes yours by the laws of nations.' -And the Digest 41. 1. 7. 1. in almost the same words says, 'quod per -alluvionem _agro_ nostro flumen adjecit, jure gentium nobis adquiritur.' -In both instances it is to the possessor _agri_ only that it is given. It -becomes material therefore to understand rigorously the import of the -word _ager_, in the Roman laws; and it happens that its definition is given -critically by the same authority which uses it. 'Locus sine ædificio, in -urbe _area_, *rure autem _ager_ appellatur idemque _ager_, cum ædificio, -_fundus_ dicitur.' Dig. 50. 16. 211. 'Quæstio est, fundus a possessione, -vel agro, vel prædio quid distet?' Ib. 115 _in notis_, 'fundus est ipsum -solum: eo si utimur, prædium dicitur. _Ager_ esse potest sine villâ.' -'Ground, without a building, in a city is called _area_, but in the -country _ager_.' Pliny 1. 6. affirms that _ager_ is derived from the Greek -ἀγρὸς of the same import. And in the Greek Pragmatics of Attaliata tit. -45. the law of alluvion uses 'ἀγρὸς' for _ager_. 'Τὸ ἀνεπαισθήτως διὰ -τοῦ ποταμοῦ προστεθὲν τῷ ἀγρῷ μου πρόσχωσις ἐστὶν, ἤτοι πρόσκλυσις, καὶ -ἐμοὶ ἁρμόζει.' 'Quod insensibiliter τῷ ἀγρῷ μου per flumen adjectum est, -alluvionis est, et mihi competit. 'What is insensibly added by the river -_agro meo_ is alluvion [_adundatio, adaggeratio_] and belongs to me.' In -the same title 'ὅπερ ἐν τῷ ἀγρῷ σοῦ σπείρω σόν ἐστιν.' 'What I sow ἀγρῷ -σου agro tuo, in your _field_, is yours.' And Stephens, in his Thesaur. -ling. Gr. voce 'Ἀγρὸς' translates it 'rus, ager,' 'ἐν ἀγρῷ' in agro, -ruri. Ἐξ ἀγρου, ex agro, rure. 'Εἰς ἀγρον, in agrum, rus.' And he cites -examples: 'Νηῦς δέ μοι ἥδ' ἕστηκεν ἐπ' ἀγροῦ, νόσφι πόληος'. Hom. Od. 1. -185. 'My vessel is stationed in the _country_, apart from the city.' 'Διὰ -τὸ μὴ μεγάλας εἶναι τότε τὰς ΠΟΛΕΙΣ, ἀλλ' ἐπὶ τῶν ΑΓΡΩΝ οἰκεῖν τὸν δῆμον -ἄσχολον ὄντα.' Aristo. Polit. 5. 'Because, the _cities_ not being then -large, the people were occupied in the _country_, where ἀγρὸς is proved -to be pointedly the contradiction to πόλις, to wit, the _country_ to -the _city_. From these definitions it appears that the word ager, in the -law, constantly means a field, or farm, in the country, and that a city -lot is called _area_. In towns, the whole bank and beach being necessary -for public use, the private right of alluvion would be inadmissible; -and the adverse counsel have been challenged [Thierry, 33.] to produce -a single instance, under the Roman law, of a claim of Alluvion allowed -in a city. To this might be added a similar challenge as to the laws of -England. These give alluvion on rivers, as the civil law does, to the -riparian proprietor. Bracton L. 2. c. 2. § 1. Fleta. L. 3. c. 2. Can -they from the volumes of English law, with which they are so much more -familiar, produce one single instance of the private right of alluvion -allowed in a city? In England, I mean, and not in America, where special -circumstances have prevented attention to the law on this subject, or -the breach of it. And this must be from the reason of the thing alone, -because the common law never having been, like the civil law, reduced -to a text, no verbal criticisms on a text can have co-operated against -the claim.[96] Repeating, *therefore, my reference to the reasoning and -authorities of M. Thierry on this point, and my own conviction of their -soundness, I consider it as established that, were this question to be -decided by the Roman law, the conversion of the farm into a fauxbourg -of the city passed to the public all the riparian rights attached to it -while a rural possession, and among these the right of alluvion. - - [Sidenote: Principal and accessory] - - [Sidenote: 42*] - -And, if the right of alluvion is not given to urban proprietors, -much less would it to a mere holder of the bed of a -road. But did any one ever hear of a *man's holding -the bed of a road, and nothing else? Is it possible -to believe that Bertrand Gravier, in selling his -lots _face au fleuve_, really meant to retain the bed of -the road and levee? That a man, having a road on the margin -of his land, which is its boundary, should mean to sell his land -to the road, and to retain that by itself? a thing of no possible -_use_ to him, because the _use_ being in the public, he could never -employ it in agriculture or otherwise. Were all this possible, -yet this bed of a road, this "labrum amnis" would be no _ager_, -no field to which the right of alluvion could attach. That right -is but an accessory, or, in the language of our law, an appendage -or appurtenance, and an accessory, not to a mere line, but to -something of which it can become a part. Had the law, therefore, -ever given alluvion to any but the holder of an _ager_, of a -field, yet the general doctrines of principal and accessory, would -not have carried the benefit to Bertrand Gravier in this case. -'Accessorium sequitur naturam sui principalis. Et in accessoriis, -præstanda sunt quæ in principali. Accessorium non tenet sine -principali. Sublato principali, tollitur et accessorium.' These -are maxims of the civil law. Calvini lexicon jurid. 'An accessory -follows the nature of its principal.' If the accession then -be to a field, it becomes part of the field; if to a town, it would -become part of the town; if to a road, the use of which belongs -to the public, it would be to the road, and to the public. It -must follow the nature of its principal, and become a part of that, -subject to the same rights, uses and servitudes with that: and -Bertrand Gravier had no right of use in the principal, that is, of -the road and levee. - -The equity on which the right of alluvion is founded is, that -as the owner of the field is exposed to the danger of loss, he -ought, as an equivalent, to have the chance of gain. But what -equitable reason could there be, in the present case, for giving -to Gravier the benefit of alluvion, when he could lose nothing -by alluvion? If the levee and bank were washed away, they -would not go to his plantation, back of the suburb, for a new -one. The public would have to purchase a new bed for a road -from the adjacent lot holders. Then 'qui sentit onus, sentire -debet et commodum.' - - [Sidenote: Beach or Batture not Alluvion.] - -But I do deny to the Batture every characteristic -of Alluvion. - -The French and Roman law constituting that of -the place, let us seek from them the definition of Alluvion. The -Institute 2. 1. 20. gives it in these words, and the Digest. 41. 1. -7. §. 1. in almost verbatim the same. - - 'Quod per alluvionem agro tuo flumen adjecit, jure gentium - tibi adquiritur. Est autem alluvio incrementum latens. Per - alluvionem autem id videtur adjici, quod ita paulatim adjicitur, - ut intelligi non possit quantum quoquo temporis momento - adjiciatur.' - - - 'What the river adds by alluvion to your field becomes yours by - the law of nature. Alluvion is a latent increase. That seems - to be added by alluvion, which is so added by degrees, that - you cannot conceive how much in each moment of time is added.' - -And in the Greek version of Theophilus, the words, 'Alluvio -est incrementum latens' are rendered 'ἀλουβιων ἐστιν ἠ πρόσκλυσις ἢ -πρόσχωσις,' translated by Curtius 'Alluvio est adundatio vel adaggeratio.' -Retaining only the words of this paragraph which -are definition it will stand thus. - - 'Alluvio est incrementum [_adundatio_, _adaggeratio_] agro - tuo flumine adjectum, ita latens et paulatim, ut intelligi - non possit quantum quoquo temporis momento adjiciatur.' - - 'Alluvion is an increment [_adundation_, _ad-aggeration_] - added by the river to your field, so latent and gradual, that - the quantity added in every moment of time cannot be known.' - -This is the Roman definition. - -In the Law Dictionary of the Encyclop. Method, _voce_ 'Alluvion' -by Le Rasle, the definition is: - - 'Alluvion, un accroissement de terrein qui se fait peu-a-peu - sur les bords de la mer, des fleuves, et des rivières, par - les terres que l'eau y apporte, et qui se consolident pour ne - faire qu'un tout avec la terre voisine.' - - 'Alluvion, an increment of ground which is made by little and - little on the border of the sea, rivers or streams, by earth - which the water brings, and which is consolidated so as to - make but one whole with the neighboring ground.' - -To reduce the essential members of the Roman and French -definitions to a single one, according with our own common -sense, for certainly we all understand what alluvion is, I should -consider the following definition as comprehending the essential -characteristics of both. - - 1. 'Alluvion is an extension which the waters add insensibly. - - 2. By apposition of particles of earth. - - 3. Against the adjacent field. - - 4. And consolidate with it so as to make a part of it. - - 'Incrementum flumine adjectum latens et paulatim. - - { πρόσχωσις, adaggeratio. - { πρόσκλυσις, adundatio. - - _Agro_. - - Qui se consolide pour ne faire qu'un tout avec la terre - voisine.' - -I take this to be rigorously conformable with the French and -Roman definitions, as cited from the authorities before mentioned, -and that it contains not one word which is not within -their unquestionable meaning. Now let us try the batture by -this test. - - [Sidenote: 44*] - -1. 'Alluvion is an extension which the waters add insensibly.' -But the increment of the batture has by no means been -_insensible_. Every swell of six months is said [Derb xix.] to deposit -usually nearly a foot of mud on the whole surface -of the batture, so that, *when the waters retire, the increment -is visible to every eye. And we have seen that, -aided by Mr. Livingston's works, a single tide extended the batture -from 75 to 80 feet further into the river, and deposited on it -from 2 to 7 feet of mud, insomuch that a saw-scaffold, 7 feet -high when the waters rose on it, was, on their retiring, buried -to its top. This increment is, surely, not insensible. See the -Mayor's answer to the Governor, Nov. 18, '08. MS. - -2. 'By _apposition_ of particles of earth,' or, by their _adhesion_. -But the addition to the batture is by _deposition_ of particles of -earth on its face, not by their _apposition_ or _adhesion_ to the bank. -It is not pretended that the bank has extended by apposition of -particles to its side, one inch towards the river. It remains now -the same as when the levée was erected on it. The deposition -of earth on the bottom of a river, can be no more said to be an -apposition to its sides, than the coating the floor of a room can -be said to be plastering its walls. - -3. 'Against the adjacent field,' la terre voisine. Not a particle -has been added to the adjacent field. That remains as it -was, bounded by the identical line, _crepido_, or _ora terræ_, which -has ever bounded it. - -4. 'And consolidated with the field so as to make part of it.' -Un tout avec la terre voisine. Even supposing the continuity -of the adjacent field not to be broken by the intervention of the -levée and road, nothing is consolidated with it, not even with the -_margo riparum_, or chemin de hallage, if there be any, between -the levée and brim of the bank. No extension of its surface has -taken place so as to form one with the former surface, so as to -be a continuation of that surface, so as to be arable like that. -The highest part of the batture, even where it abuts against the -bank, is still materially below the level of the adjacent field. -A terrass of some feet height still separates the field from the -deposition called the batture. It is now as distinguishable from -the adjacent field as it ever was, being covered with water -periodically 6 months in the year, while that is dry. Alluvion -is identified with the farmer's field, because of identity of character, -fitness for the same use: but the batture is not fitted for -ploughing or sowing. It is clear then that the batture has not -a single feature of Alluvion; and divesting it of this misnomer, -the whole claim of the plaintiff falls to the ground: for he has -not pretended that it could be his under any other title than that -of Alluvion. - -We will now proceed to shew what it is, which will further -demonstrate what it is not. - - [Sidenote: Bed, Beach, Bank.] - - [Sidenote: 45*] - -In the channel, or hollow, containing a river, the Roman law -has distinguished the _alveus_, or bed of the river, and -the _ripa_, or bank, the river itself being _aqua_, water. -'Tribus constant flumina, alveo, aqua, et ripis'. Dig. -43. 12. *not. 1. All above high water mark they -considered as _ripa_, bank, and all below as _alveus_, or -bed. The same terms have the same extent in the language of -our law likewise. But we distinguish, by an additional name, -that band, or margin of the bed of the river, which lies between -the high and the low water marks. We call it the _beach_. Other -modern nations distinguish it also. In Spanish it is _playa_, Ital. -_piaggia_, in French _plage_, in the local terms of Orleans it is _batture_, -and sometimes _platin_.[97] In Latin I know of no terms which -applies exactly to _the beach of a river_. _Litus_ is restrained to -_the shore of the sea_, and there comprehends the beach, going to -the water edge, whether at high or low tide. '_Litus_ est maris, -_ripa_ fluminis,' says Vinnius in his Commentary on the Inst. 2. -1. 4. and he confirms this difference of extent towards the water, -ibid. where he says, - - 'Neque verò idem est _ripa in flumine_, quod _litus in mari_. - Ripa flumini non subjicitur, ut litora subjiciuntur mari, et - quotidianis accessibus ab eo occupantur.' - - 'Nor is the bank of a river, and the shore of the sea, the same - thing. The bank is not subjacent to the river as the shores - are to the sea, which are occupied by it in its daily accesses.' - -In our rivers, as far as the tide flows, the beach is the actual, -as well as the nominal bed of the river, during the half of every -day. Above the flow of tide, it is covered half the year at a -time, instead of half of every day. The tide there being annual -only, or one regular tide in a year. This, in the State where I -am, begins about the first of November, is at its full tide during -the months of January and February, and retires to its minimum -by the end of April. In other States from North to South, this -progression may vary a little. Hence we call them the Summer -and Winter tides, as the Romans did theirs, _hibernus et æstivus_. -The Mississippi resembles our fresh water rivers in having only -one regular swell or tide a year. It differs from them in not -being subject to occasional swells. The regions it waters are so -vast that accidental rains and droughts in one part are countervailed -by contrary accidents in other parts, so as never -to become *sensible in the river. It is only when all the -countries it occupies become subject to the general influence -of summer or winter, that a regular and steady flood or ebb -takes place. It differs too in the seasons of its tides, which are -about three months later than in our rivers. Its swell begins -with February, is at its greatest height in May, June, and July, -and the waters retire by the end of August. Its high tide, therefore, -is in summer, and the low water in winter. Being regular -in its tides, it is regular also in the period of its inundations. -Whereas in ours, although the natural banks rarely escape being -overflowed at some time of the season, yet the precise time varies -with the accident of the fall of rains. But it is not the name of -the season but the fact of the rise and fall which determine the -law of the case. - - [Sidenote: 46*] - -Now the batture St. Mary is precisely within this band, or margin, -between the high and low water mark of the Missisipi called -the beach. It extended from the bank into the river from 122 -to 247 yards, before Mr. Livingston began his works, and these -have added in one year, from 75 to 80 feet to its breadth. This -river abounds with similar beaches, but this one alone, from its -position and importance to the city, has called for a legal investigation -of its character. Every country furnishes examples of -this kind, great or small; but the most extensive are in Northern -climates. The beach of the Forth, for example, adjacent to -Edinburgh, is a mile wide, and is covered by every tide with 20 -feet water. Abundance of examples of more extensive beaches -might be produced; many doubtless from New-Hampshire and -Maine, where the tide rises 40 feet. This therefore of St. Mary -is not extraordinary but for the cupidity which its importance to -the city of New-Orleans has inspired. - -I shall proceed to state the authorities on which this division -between the bank and bed of the river is established, and which -makes the margin or beach a part of the bed of the river. - - 'Ripa est pars extima alvei, quò naturaliter flumen excurrit.' - Grotius de Jour. B. et P. 2. 8. 9. - - 'Ripa ea putatur esse quæ _plenissimum_ flumen continet.' Dig. - 43. 12. 3. And Vinnius's commentary on this passage is 'ut - significet, partem ripæ non esse, spatium illud, ripæ proximum, - quod aliquando flumine, caloribus minuto æstivo tempore non - occupatur.' - - [Sidenote: 47*] - - 'Ripa autem ita rectè definietur, id quod flumen continet - naturalem* rigorem[98] cursus sui tenons. Cæterùm si quando vel - imbribus, vel mari, vel quâ alia ratione, ad tempus excrevit, - ripas non mutat. Nemo denique dixit Nilum, qui incremento - suo Ægyptum operit, ripas suas mutare, vel ampliare. Nam cum - ad perpetuam sui mensuram redierit, ripæ alvei ejus muniendæ - sunt.' Dig. 43. 12. §. 5. - - 'Alveus flumine tegitur.' Grot. de jur. B. ac P. 2. 8. 9. - - 'Alveus est spatium illud flumini subjectum per quod fluit.' - Vinnii Partitiones jur. Civil. 1. 17. - - 'The bank is the outermost part of the bed in which the river - naturally flows.' - - 'That is considered to be bank, which contains the river when - _fullest_,' and Vinnius's commentary on this passage is 'this - signifies that the space next to the bank, which is sometimes - not occupied by the river, when reduced by heats in the summer - season, is not a part of the bank.' - - 'The bank may be thus rightly defined, that which contains the - river holding the natural direction of its course. But, if at - any time, either from rains, the sea, or any other cause, it - has overflowed a time, it does not change its banks. Nobody - has said that the Nile, which by its increase covers Egypt, - changes or enlarges its banks. For when it has returned to - its usual height, the banks of its bed are to be secured.' - - 'The bed is covered by the river.' - - 'The bed is the space, subjacent to the river, through which - it flows.' - -Littus, in the Roman law, being the beach or shore of the sea, -'rivage,' definitions of that will corroborate the division between -the _ripa_ and _alveus_, _bed_ and _bank_ of a river. In both cases -what is covered by the highest tide belongs to the public, all -above it is private property. - - 'Litus est quousque maximus fluctus à mari pervenit. Idque - Marcum Tullium aiunt, cum arbiter esset. primum constituisse.' - Dig. 50. 16. 96. - - 'Est autem litus maris quatenùs hibernus fluctus maximus - excurrit.' Inst. 2. 1. 3. the paraphrase of Theophilus adds, - 'undè et æstate, usque ad ea loca litus definimus,' and his - Scholiast subjoins 'non ut mediis caloribus solet, sed hibernus; - quoniam hieme protissimum mare turbatur, mare est undabundum.' - - 'The shore is as far as the greatest wave of the sea reaches; - and it is said that Marcus Tullius first established that when - he was an Arbiter.' - - 'The shore of the sea is as far as the greatest winter wave - reaches.' The paraphrase of Theophilus adds, 'wherefore, in - summer also, we bound the shore by the same limits, and his - Scholiast subjoins, 'not the wave of midsummer, but of winter; - because the sea is most agitated, and most swelled.' - -'By _shore_, the Institutes mean up to the high-water mark, or -(where little or no tides, as in the Mediterranean) as high as the -highest winter wave washes. 1. Brown's Civil and Admiralty -law. B. 2. c. 1. - - [Sidenote: 48*] - -We must not, however, with Mr. Livingston, pa. 61. seize on -the single word 'hibernus,' in the last quotations, and -sacrifice *to that both the fact, and the reason of the law. -The substance of the _fact_ on which the law goes, is that -there is a margin of the bed of the river, covered at high water, -uncovered at low. The season when this happens is a matter -of circumstance only, and of immaterial circumstance. In the -rivers familiar to the Romans the _maximus fluctus_, or highest -wave, was in the winter; in the Missisipi it is in summer. Circumstance -must always yield to substance. The _object_ of the -law is to reserve that margin to the public. But to reduce, with -Mr. Livingston, the public right to the Summer water-line would -relinquish that object. The explanations quoted from Vinnius, -from Theophilus and his Scholiast, prove from the reason of the -law, that the law of the winter tide for the Po, and the Tyber, -must be that of the Summer tide of the Missisipi. The Spanish -law therefore, is expressed in more correct terms; and we have -the authority of Mr. Livingston [ibidem] for saying that the Justinian -code is the common law of Spain. - - 'La ribera del rio se entiende todo lo que cubre el agua de - el, quando mas crece, en qualquiera tiempo del año, sin salir - de su yema y madre.' Curia Philipica. 2. 3. 1. cited Derb. 46. - - 'The bank of a river is understood to be the whole of what - contains its waters, when most swelled, in whatsoever time of - the year, without leaving its bed or channel.' - -This is the law correctly for all rivers, leaving to every one its -own season of flood or ebb. - -To these authorities from the Roman and Spanish law, I will -add that of the French Ordinance of 1681. § 43. Art. 1. on the -same subject. - - 'Sera réputé bord et rivage de la mer, tout ce qu'elle couvre - et découvre [precisely the beach or batture] pendant les - nouvelles et pleines lunes, et jusqu'où le grand flot de mer - cesse de s'y faire sentir. Il est facile de connoître jusqu'où - s'étend ordinairement le grand flot de Mars, par le gravier - qui y est déposé; ainsi il ne faut pas confondre cette partie - avec l'espace où parvient quelque fois l'eau de la mer par - les ouragans, et par les tempêtes. Ainsi jugé à Aix le 11. - Mai 1742.' Boucher, Institut au droit Maritime 2713. Nouveau - Commentaire sur l'Ordonnance de la Marine de 1681. tit. 7. - Art. 1. - - 'The border and shore of the sea shall be reputed to be the - whole which it covers and uncovers [precisely the beach or - batture] during the new and full moons, and as far as to where - the full tide of the sea ceases to be perceived. It is easy - to know how far ordinarily the full tide of March extends; - by the gravel which is deposited there; therefore we must not - confound that part with the space where the waters of the sea - come sometimes in hurricanes and storms.' So adjudged at Aix, - May 11, 1742. - - [Sidenote: 49*] - -Let us now embody those authorities, by bringing together -the separate members, making them paraphrase one another, -and form a *single description. The Digest 43. 12. -3. with Vinnius's comment will stand thus. 'The bank -ends at the line to which the water rises at its full tide; and although -the space next below it is sometimes uncovered by the -river, when reduced by heats in the Summer season, yet that -space is not a part of the bank.' Now, substituting for 'the heats -of the summer season' which is circumstance, and immaterial, -the term 'low water,' which is the substance of the case, nothing -can more perfectly describe the beach or batture, nor collated -with the other authorities, make a more consistent and rational -provision. 'The bank ends at that line on the levée to which -the river rises at its full tide: and altho' the batture or beach -next below that line is uncovered by the river, when reduced to -its low tide, yet that batture or beach does not therefore become -a part of the bank, but remains a part of the bed of the river,' -for says Theophilus 'even in low water [et æstate] we bound -the bank at the line of high water.' Inst. 2. 1. 3. 'The bank -being the _extima alvei_, the _border of the bed_, within which bed -the river flows when in its fullest state _naturally_, that is to say, -not when 'imbribus, vel quâ aliâ ratione, ad tempus, excrevit,' -not when 'temporarily overflowed by extraordinary rains, &c.' -Dig. 43. 12. 5. but 'quando mas crece, sin salir de su madre, en -qualquiera tiempo del año,' 'when in its full height, without -leaving its bed, to whatsoever season of the year the period -of full height may belong.' This is unquestionably the meaning -of all the authorities taken together, and explaining one -another. - -From these authorities, then, the conclusion is most rigorously -exact, that all is river, or river's _bed_, which is contained between -the two banks, and the high water line on them; and all is _bank_ -which embraces the waters in their ordinary full tide. - -Agreeably to this has been the constant practice and extent -of grants of lands on the Missisipi. Charles Trudeau swears -[Liv. 57.] that 'during 28 years that he has performed the functions -of Surveyor General of this province, it has always been in -his _knowledge_, that the grants of lands on the borders of the -Missisipi, have their fronts on the _edge_ of the river itself, and -when its waters are _at their greatest height_.' And Laveau -Trudeau [Liv. 58.] that 'the concession to the Jesuits, he believes, -was like all the others, that is, from the river at its greatest -height.' - -Thus we see what the law is; that it has been perfectly understood -in the territory, and has been constantly practiced on, -and consequently that neither the grant to the Jesuits, nor to -Bertrand Gravier, could have included the beach or batture. - - [Sidenote: Missisipi.] - - [Sidenote: 50*] - - [Sidenote: Nile.] - - [Sidenote: 51*] - -It will perhaps be objected that, establishing the commencement -of the bank at high water mark, leaves in fact -no bank at all, as the high water regularly overflows -the natural* bank or brim of the channel. And will -it be a new phenomenon to see a river without banks -sufficient to contain its waters at their full tide? The Missisipi -is certainly a river of a character marked by strong features. It -will be very practicable, by exaggerating these, to draw a line -of separation between this and the mass of the rivers of our -country, to consider it as _sui generis_, not subject to the laws -which govern other rivers, but needing a system of law for itself. -And until this system can be prepared it may be abandoned to -speculations of death and devastation like the present. But will -this be the object of the sound judge or legislator? it is certainly -for the good of the whole nation to assimilate as much as possible -all its parts, to strengthen their analogies, obliterate the traits -of difference, and to deal law and justice to all by the same rule -and same measure. The _bayous_ of all that territory and of the -country thence to Florida Point are without banks to contain -their full tides. The Missisipi is in the like state as far as Bâton -Rouge, where competent banks first rise out of the waters, and -continue with intervals of depression to its upper parts. Many -of the rivers of our maritime states are under circumstances resembling -these. The channel which nature has hallowed for -them is not yet deep enough, or the depositions of earth on the -adjacent grounds not yet sufficiently accumulated, to raise them -entirely clear of the flood tides. Extensive bodies of lands, still -marshy therefore, are covered by them at every tide. In some -of these cases, the hand of man, regulated by laws which restrain -obstructions to navigation and injury to others, has aided and -expedited the operations of nature, by raising the bank which -she had begun, and redeeming the lands from the dominion of -the waters. The same thing has been done on the Missisipi. -An artificial bank of 3, 4, or 5 feet has been raised on the natural -one, has made that sufficient to contain its full waters, and -to protect a fertile and extensive country from its ravages. These -are become the real banks of the river, on which the -laws operate as if the whole was natural. The Nile, -like the Missisipi, has natural banks, not competent in every part -to the conveyance of its waters. In these parts artificial banks -are, in like manner, raised, through which and the natural bayous -and artificial canals the inundation, when at a given[99] height, is -admitted; this being indispensable to fertilize the lands in a -country where it never rains. And these banks of the Nile, natural -and artificial, are recognized as such by the Roman -law, as appears in *a passage of the Digest before cited, -declaring that its banks, tho' inundated periodically, are -not thereby changed. Nor are those of our rivers when temporarily -overflowed by rains, or other causes. Wherever therefore -the banks of the Missisipi have no high water line, the -objection is of no consequence, because the lands there are not -as yet reclaimed or inhabited; and wherever they are reclaimed, -the objection is not true; for there a high water line exists to -separate the private from public right.[100] - -1. The Upper Missisipi, like the Upper Nile, has competent natural banks -through probably three fourths of its whole course. There then the Roman -law is applicable in its very letter. 2. For about 400 miles more, the -natural banks have been aided by artificial ones, on both sides, so as -to contain all the waters of the flumen plenissimum: and the inhabitants -there have no occasion as those of the Nile, to open their banks for the -purpose either of fertilizing, or irrigating the lands. Here then there -is still less reason, than in the case of the Nile, to say that 'the -Missisipi has changed its bank.' 3. On the lower parts of the Missisipi -and some of its middle portion, especially on the Western side, artificial -banks have not yet been made, and the country is regularly inundated, -as it is on those parts of our Atlantic rivers not yet embanked. But -our increasing population will continue to extend these banks of our -Atlantic rivers; and, for this purpose, our governments grant the lands -to individuals. And the same, we know, is done on the Missisipi. The -_Cypriores_ adjacent to New-Orleans, for example, though covered with the -refluent water from the lake, we know have been granted to individuals, -and will, with the rest of the drowned lands, be reclaimed in time, as -all lower Egypt has been. - -Thus then we find the laws of the Tyber and Nile transferred and applied -to the Missisipi with perfect accordance, and that all rivers may be -governed by the same laws. Other rivers are subject to accidental floods, -which are declared however not to disturb the law of the _plenissimum -flumen_. The Nile and Missisipi, not being subject to accidental floods, -the _flumen plenissimum_ with them is steady and undisturbed, and needs not -the benefit of the exception. Nor will the reason of the law be changed, -whether the cause of the inundation be the saturation of the earth and -fountains, or rains, or melted snows, or the reflux of the ocean. The -principle remains universally the same, that the land mark, when once -established by a competent bank, is not changed by the inundation, or -by any cause or circumstance of its high waters. - - [Sidenote: 52*] - - [Sidenote: Property in bed and bank.] - -*Having ascertained what the batture is not, and what it is, -and established the high water mark as the line of -partition between the bed and bank of the river, we -will proceed to examine to whom belongs ground on -either side of that line? - - [Sidenote: 53*] - -And 1. As to the bed of the river, there can be no question -but that it belongs purely and simply to the sovereign, as the -representative and trustee of the nation. If a navigable river -indeed deserts its bed, the Roman law gave it to the adjacent -proprietors;* the former law of France to the -sovereign; and the new Code gives it as an indemnity to those -through whose lands the new course is opened. But, while it is -occupied by the river, all laws, I believe, agree in giving it -to the sovereign; not as his personal property, to become an object -of revenue, or of alienation, but to be kept open for the free -use of all the individuals of the nation. - - 'Flumina omnia, et portus, publica sunt.' Inst. 2. 1. 2. - - 'Impossibile est ut alveus fluminis publici non sit publicus.' - Dig. 43. 12. 7. - - 'Litus publicum est eatenùs qua maximus fluctus exæstuat.' - Dig. 50. 16. 96. 112. - - 'All rivers and ports are public.' - - 'It is impossible that the bed of a public river should not - be public.' - - 'The seashore is public as far as the greatest wave surges.' - -And 'littus' we have seen is the beach or shore of the sea. - -'As to navigable streams and rivers, on which boats can ply, -the property of them is in the king, as an incontestable right, -naturally attached to the sovereignty; and since public things -belonged to the people in the Roman republic, amongst us [in -France] they must belong to our Sovereigns.' Julien, cited by -Thierry 10. And Prevost de la Jannès, in his Principles of -French Jurisprudence, after having said that the property of public -things belongs to the king adds 'subject to the use thereof -that is due to the people.' Thierry, ib. - -In like manner, by the Common law of England, the property, -_tam aquæ quam soli_, of every river, having flux or reflux, or -susceptible of any navigation, is in the king; who cannot grant -it to a subject, because it is a highway, except for purposes which -will increase the convenience of navigation. 'The king has a -right of property to the sea shore, and the _maritima incrementa_. -The _shore_ is the land lying between high water and low water -mark in ordinary tides, and this land belongeth to the king -_de jure communi_, both in the shore of the sea, and shore of -the arms of the sea. And that is called an arm of the sea -where the tide flows and reflows, and so far only as the tide -flows and reflows.' Hale de jure maris. c. 4. cited in Bac. Abr. -Prærog. B. 3. - -So that I presume no question is to be made but that the bed -of the Missisipi belongs to the sovereign, that is, to the Nation. - -2. In the bank, from the high water line inland, it is admitted -that the property or ownership, is in the Riparian proprietor of -the adjacent field or farm: but the use is in the public, for the -purposes of navigation and other necessary uses. - - [Sidenote: 54*] - - 'Riparum quoque usus publicus est jure gentium [i. e. gentis - humanæ] sicut ipsius fluminis: itaque naves ad eas appellere, - funes arboribus ibi natis religare, onus aliquod in his - reponere, cuilibet liberum est, sicut per ipsum flumen navigare. - Sed proprietas earum, illorum est, quorum prædiis hærent: quâ - de causâ arbores quoque in eisdem natæ corundem sunt.' Inst. - 2. 1. 4. And Vinnius adds 'non ut litora maris, ita ripas, - conditionem fluminis sequi.' - - 'Publica sunt flumina, portus, alveus fluminis quamdiu à flumine - occupatus, ripæ. Harum rerum omnium, proprietas nullius, si - ripas exciperis, quarum proprietas eorum est qui propè ripam - prædia possidunt.' Vinnii Part. jur. L. 1. c. 17. - - 'The use of the bank is public by the law of nations [i. e. - of nature] as to navigate the river itself. Therefore it is - free for every *one to bring his ships to at them, to make - fast ropes to the trees growing there, to discharge any load - on them. But the property of them is in those to whose farms - they adhere; for which reason the trees likewise growing on - them, belong to the same.' And Vinnius adds 'the banks do not, - like the shores of the sea, follow the condition of the river.' - - 'Rivers, harbors, the beds of rivers as long as occupied by - the river, and the banks are public. The property of all these - is in no one, if you will except the banks, the property of - which is in those who possess the farms on the bank.' - -'Rivers, streams, high roads belong to all men in common; -and although the soil of the banks of the rivers be an accession -to the property of the owners of the contiguous land, yet all men -may make use of them so far as to make fast their vessels to the -trees which grow there, to repair them, and spread their sails on -the banks; and they may there discharge their goods. Fishermen -have also a right to dry their nets there, to expose their fish -for sale on the banks, and in general to use them for every purpose -of their art, or the occupation by which they live.' 3 Part -id. 28. 6. cited Thierry 9. - -'The same usefulness of the navigation of rivers demands the -free use of their banks, so that in the breadth and length necessary -for the passage and track of the horses which draw the boats, -there be neither tree planted nor any other obstacle in the way.' -Domat, Pub. law. 1. 8. 2. 9. To moor their vessels, spread their -sails, unlade, sell their fish, &c. are here mentioned for example -only, and not as a full enumeration of the variety of uses which, -flowing from the public rights, may be exercised by them. In -England it is said to have been decided that the public have no -_common-law_ right to tow upon the banks of navigable rivers. 3 -Term. Rep. 253. cited Bac. Abr. highways A. - -These authorities are so clear that they need no explanation. -The text is as plain as any commentary can make it. - - [Sidenote: Limitations of the rights of property.] - - [Sidenote: 55*] - -But there is an important limitation to these rights. Every -individual is so to use them as not to obstruct others -in their equal enjoyment. The space every one occupies -on the bank or bed, as in a highway, a market, -a theatre, is his for reasonable temporary purposes, -but not to be held *permanently. The -adjacent landholder may repair or fortify his bank to -protect his land from inundation, but under the control of the -magistrate, that his neighbors be not injured. He cannot divert -the course of the stream, or even draw off water from it, to the -injury of the navigation; nor erect any work which shall incommode -the harbor or quai. - - 'Ne quid in flumine publico, ripâve ejus, facias, ne quid - in flumine publico, neve in ripa ejus immittas, quo statio, - iterve navigio deterior sit. Dig. L. 43. t. 12. 1. 1. Stationem - dicimus a statuendo: is igitur locus demonstratur, ubicunque - naves tutò stare possunt. ib. §. 13. - - 'Deterior statio, itemque iter navigio fieri videtur, si usus - ejus corrumpatur, vel difficilior fiat, aut minor, vel rarior, - aut si in totum auferatur. Proinde, sive derivatur aqua, ut - exiguior facta minus sit navigabilis, vel si dilatetur, aut - diffusa, brevem aquam faciat; vel contra sic coangustetur, - et rapidius flumen faciat; vel si quid aliud fiat, quod - navigationem incommodet, difficiliorem faciat, vel prorsus - impediat, interdicto locus erit.' Dig. 43. 12. 15. - - 'Molino, nin canal, nin casa, nin torre, nin cabaña, nin otro - edificio ninguno, non puede ninguno home facer nuevamente - en los rios por los quales los homes andan con sus navios, - nin en las riveras dellos, porque se embarrasse el uso comun - dellos. E si alguno lo ficiesse y de nuevo, ó fuesse fecho - antiguamente, de que viniesse daño al uso comunal, _debe - ser deribado_. Ca non seria cosa guisada que el pro de todos - los omes communalmente se estorbasse por la pro de algunos.' - Partidas. 3. 28. 8. cited Derb. 48. Poydras 12. - - 'You are not to do any thing in a public river, or on its - banks, you are not to cast any thing into a public river, or - on its banks, which may render the station, or course of a - ship worse. It is called a _station_, from statuere, to place: - that place is intended where ships may safely stay. - - 'The station and course of a ship seems to be rendered worse, - if its use be destroyed, or made more difficult, or less, or - scantier, or if it be wholly taken away. Moreover, if water - be drawn off, so that, being scantier, it is less navigable, - or if it be dilated, or spread out, so as to make the water - shallow, or if on the other hand it be so narrowed as to - make the river more rapid; or if any thing else be done which - incommodes the navigation, makes it worse, or wholly impedes - it, there is ground for Interdict.' - - 'Mill, nor canal, nor house, nor tower, nor cabin, nor other - building whatsoever, may any man make newly in the rivers - along which men go with their vessels, nor on their banks, by - which their common use may be embarrassed. And if any one does - it anew, or were it anciently done, so that injury is done - to the common use, it ought _to be destroyed_. For it would - not be meet that the benefit of all men in common should be - disturbed for the benefit of some.' - -The owner of lands on the bank of a river may, however, -make or repair a bank to protect them from the river. - - [Sidenote: 56*] - - *'Quamvis fluminis naturalem cursum, opere manu facto alio, - non liceat avertere, tamen ripam suam adversus rapidi amnis - impetum, munire prohibitum, non est.' Codex L. 7. t. 41. §. - 1. - - 'Although it is not allowed to turn the natural course of a - river by another made by hand, yet it is not prohibited to - guard one's bank against the force of a rapid river.' - -But he is not permitted to do even this if it will affect the public -right, or injure the neighboring inhabitants. - - 'In flumine publico, inve ripâ ejus facere, aut in id flumen - ripamve immittere, quo _aliter_ aqua fluat quam priore æstate - fluxit, veto.' - - 'I forbid any thing to be done in a public river, or on its - bank, or to be cast into the river or on its bank, by which the - water may be Dig. L. 43. tit. 13. §. 1. made to flow otherwise - than it flowed in the last season.' - - 'Quod autem ait, _aliter_ fluat non ad quantitatem aquæ fluentis - pertinet, sed ad modum, et ad rigorem cursûs aquæ referendum - est. Et si quod aliud vitii aecolæ ex facto ejus qui convenitur - sentient, interdicto locus erit.' Ib. §. 3. - - 'When he says, _to flow otherwise_, it relates, not to the - quantity of water, but to the manner and direction of the course - of the water. And if the neighbors experience any other evil - from the act of him who is convened, there will be ground for - interdict.' - - 'Sunt qui putent excipiendum hoc interdicto "quod ejus ripæ - muniendæ causa non flet," seilicet ut si quid fiat quo aliter - aqua fluat, si tamen muniendæ ripæ causâ fiat, interdicto - locus non sit. Sed ne hoc quibusdam placet; neque enim ripæ, - cum incommodo accolentium, muniendæ sunt.' Ib. §. 6. - - 'Some think liable to this interdict only "what is not done - for the purpose of strengthening the bank," to wit, that if - any thing be done by which the water may otherwise flow, if - nevertheless it was to secure the bank, there is no ground for - interdict. But this is not approved by others, for that banks - are not to be secured to the inconvenience of the inhabitants.' - -More particularly full and explicit as to the inhibitions of the -law against obstructing the bed, beach or bank of a sea or river, -is Noodt, Probabil. Juris civilis. 4. 1. 1. After declaring that as -to a house, or other such thing, built in a public river, the law is -the same as obtains as to the sea and sea shore, he proposes to -state, 1. The law respecting the sea and its shore, and 2. As it -respects a river and its bank; and says, - - 'Ait Celsus maris communem usum esse, ut aëris; jactasque in - id pilas fieri ejus qui jecit: sed id concedendum non esse, - si deterior litoris marisve usus eo modo futurus sit. Adeo hoc - quod in mari exstructum est, facientis est. Ut tamen exstruere - liceat, et _decreto opus est_, et _ut innoxia ædificatio - sit_. Porrò ut usus maris, ita usus litoris, sive communis, - sive publicus est jure gentium; et ideò licet unicuique - in litore ædificare, litusque ædificatione suum facere. Si - tamen, ut in mari, ita in litore, _impetravit_: præterea si - non eo modo deterior futurus sit usus litoris; vel nisi usus - publicus _impedietur_. Hoc in mari litoribus jus est. Idem in - fluminibus publicis, Ulpiano teste, Dig. 39. 2. 24. cum sic - ait, 'fluminium publicorum communis est usus, sicut viarum - publicarum et litorum. In his igitur _publicè_ licet cuilibet - ædificare, et distruere, dum tamen hoc sine incommodo cujusquam - fiat.' Vult tamen Ulpianus, ut ædificari possit, ædificari - _publicè_ et _sine cujusquam incommodo_; pariter ut in mari et - litore definitum: _publicè_ inquam, seu _publicâ auctoritate_; - id enim hoc verbum, _publicè_ indigitat.' And (§. 2.) citing - Dig. 43. 12. 4. he says, 'quæsitum est, an is, qui in utrâque - ripâ fluminis publici domus habeat, pontem privati juris [vel - privato jure] facere potest; respondit non posse. Et si facit, - interdicto teneri. Causa responsi est quod, cum pontem facit, - usum fluminis publici facit deteriorem.' So far Noodt. - - [Sidenote: 57*] - - 'Celsus says that the use of the sea is common, as is that of - the air: and that stones laid in it were his who laid them, - but that it was not to be admitted if the use of the shore or - sea would be *the worse. So what is constructed in the sea is - his who constructs it. But to make it lawful to construct, a - decree is necessary, and that the construction be innocent. - Moreover, as the use of the sea, so that of the shore, is - either common or public, by the law of nations. And therefore - it is lawful for any one to build on the shore, and to make the - shore his by the building; if however, as in the sea, so on - the shore, he has obtained permission: and provided besides, - the use of the shore will not thereby be rendered worse, nor - the public use be impeded. This is the law as to the sea and - its shores. It is the same as to public rivers, according to - Ulpian, Dig. 39. 2. 24. where he says, 'the use of public rivers - is common, as of highways and shores. In these, therefore, - any one may build up, or pull down, _publicly_, provided it - be done without _inconvenience to any one_.' That you may - build, however, Ulpian requires that you build _publicly_, - and _without inconvenience_ to any one; in like manner as is - prescribed as to the sea, and its shore: _publicly_, I say, or - _by public authority_; for that is what the word _publicly_, - indicates. And §. 2. citing Dig. 43. 12. 4. he says, 'it is - asked whether he who has houses on both banks of the river, - may build a bridge, of his own private authority. He answers, - he cannot; and if he does, he is bound by the interdict. The - reason of the answer is, that by building a bridge he injures - the use of a public river.' So far Noodt. - - [Sidenote: 58*] - -* The same is the law as to highways and public places. -Dig. 43. 8. 2. 16. - - 'Si quis à principe simpliciter impetraverit ut in publico - loco ædificet, non est credendus sic ædificare ut cum incommodo - alicujus id fiat.' - - 'If any one obtains leave, simply, from the prince, to build - in a public place, it is not to be understood he is so to - build as to incommode another.' - -We see then that the Roman law not only forbade every species -of construction or work on the bed, beach or bank of a sea -or river, without regular permission from the proper officer, but -even annuls the permission after it is given, if, in event, the work -proves injurious; not abandoning the lives and properties of its -citizens to the ignorance, the facility, or the corruption, of any -officer. Indeed, without all this appeal to such learned authorities, -does not common sense, the foundation of all authorities, of the -laws themselves, and of their construction, declare it impossible -that Mr. Livingston, a single individual, should have a lawful -right to drown the city of New-Orleans, or to injure, or change, -of his own authority, the course or current of a river which is to -give outlet to the productions of two-thirds of the whole area of -the United States? - -Such, then, are the laws of Louisiana, declaratory of the public -rights in navigable rivers, their beds and banks. For we -must ever bear in mind that the Roman law, from which these -extracts are made, so far as it is not controlled by the Customs -of Paris, the Ordinances of France, or the Spanish regulations, -is the law of Louisiana. Nor does this law deal in precept only, -or trust the public rights to the dead letter of law merely: it -provides also for enforcement. The Digest. L. 43. tit. 15. de -ripâ muniendâ; provides - - §. 1. 'Ripas fluminum publicorum reficere, munire, utilissimum - est,--_dùm ne ob id navigatio deterior fiat_: illa enim sola - refectio toleranda est, quæ navigationi non est impedimento.' - - §. 1. 'To repair and strengthen the banks of public rivers, - is most useful: provided the navigation be not by that - deteriorated; for those repairs alone are to be permitted - which do not impede the navigation.' - - [Sidenote: Surety.] - - [Sidenote: 59*] - - §. 3. 'Is autem qui ripam vult munire, de damno futuro debet - vel cavere, vel satisdare, secundum qualitatem personæ. Et hoc - interdicto expressum est, ut damni infecti, in annos decem, - viri boni arbitratu, vel caveatur, vel satisdetur.' - - §. 3. But he who would strengthen his bank, should give either - an engagement, or security against future injury, according - to the quality of the person. And this *interdict establishes - that the engagement, or security, against future injury, shall - be for ten years, by the opinion of a good man.' - - §. 4. 'Dabitur autem satis vicinis; sed et his qui trans flumen - possidebunt. - - §. 4. 'Security shall be given to the neighbors, and also to - possessors on the other side of the river.' - - 'Ne quid in loco publico facias, inve cum locum immittas, quâ - ex re quid illi damni detur. Dig. 43. 8. 2. Ad ea loca hoc - interdictum pertinet, quæ publico usui destinata noceret, Prætor - intercederet interdicto suo. §. 5. Adversus eum qui molem in - mare projecit, interdictum utile competit ei, cui forte hæc - res nocitura sit: si autem nemo damnum sentit, tuendus est is, - qui in litore ædificat vel molem in mare jacit. §. 8.--Damnum - autem pati videtur, qui commodum amittit, quod ex publico - consequebatur, qualequale sit. §. 11.--Si tamen nullum opus - factum fuerit, officio judicis continetur, ut caveatur non - fieri.' §. 18. - - 'You are to do nothing in any public place, nor to cast any - thing into that place, from which any damage may follow. This - interdict respects those places, which are destined for public - use: and that if anything be there done, which may injure an - individual, the Prætor may interpose by his interdict.--Against - him who projects a mole into the sea, the _interdictum utile_ - lies for him to whom this may possibly do injury, but if - nobody sustains damage, he is to be protected who builds on - the sea shore, or projects a mole into the sea.--And he seems - to suffer injury who loses any convenience, which he derived - from the public, whatsoever it may be.--But if no work is - done, he should be constrained by the authority of the judge - to engage that none shall be done.' - -'Seeing the use of rivers belongs to the public, nobody can -make any change in them that may be of prejudice to the said -use. Thus one cannot do any thing to make the current of the -water slower, or more rapid, should this change be any way prejudicial -to the public, or to particular persons. Thus although -one may divert the water of a brook, or a river, to water his -meadows or other grounds, or for mills and other uses; yet, -every one ought to use this liberty so as not to do any prejudice, -either to the navigation of the river, whose waters he should -turn aside, or the navigation of another river which the said water -should render navigable by discharging itself into it, or to any -other public use, or to neighbors who should have a like want, -and an equal right.' Dom. Pub. law. 1. 8. 2. 11. - - [Sidenote: 60*] - -*The same laws make it peculiarly incumbent on the government -and its officers to watch over the public property -and rights, and to see that they are not injured or intruded -on by private individuals. In order to preserve the -navigation of rivers, it is proper for the government to prohibit -and punish all attempts which might hinder it, or render it inconvenient, -whether it be any buildings, fisheries, stakes, floodgates -and other hindrances, or by diverting the water from the -course of the rivers, or otherwise. And it is likewise forbidden -to throw into the rivers any filth, dirt or other things, which -might be of prejudice to the navigation, or cause other inconveniences.' -Dom. Pub. L. 1. 8. 2. 8. - - 'Quoique la mer et ses bords soient, suivant les principes du - droit naturel, des choses publiques et communes à tous, avec - faculté à chacun d'en user selon sa destination, neanmoins - il ne doit pas étre permis aux uns d'en jouir au préjudice - des autres. Ainsi pour prévenir les inconveniens qui seroient - résultés de la liberté d'user de la chose commune, il a fallu - que cette liberté fut limitée par la puissance publique, ainsi - que s'en explique Domat, &c. Nouv. Comment. sur l'orden. de - 1681. tit. 7. art. 2. Note. - - 'Although the sea and its shores, according to the principles - of natural law, are things public and common to all, with - liberty to every one to use them according to their destination, - nevertheless it ought not to be permitted to some to enjoy - them to the prejudice of others. Therefore to prevent the - inconveniences which would result from the liberty of using - the public property, it is necessary that that liberty be - limited by the public authority, as explained by Domat,' &c. - -'It is likewise agreeable to the law of nature, that this liberty, -which is common to all, being a continual occasion of quarrels, -and of many bad consequences, should be regulated in some -manner or other; and there could be no regulation more equitable, -nor more natural, than leaving it to the sovereign to provide -against the said inconveniences. For as he is charged -with the care of the public peace and tranquillity, as it is to him -the care of the order and government of the society belongs, and -it is only in his person that the right to the things which may -belong in common to the public, of which he is the head, can -reside; he therefore as head of the commonwealth, ought to -have the dispensation and exercise of this right, that he may -render it useful to the public. And it is on this foundation that -the Ordinances of France have regulated the use of navigation, -and of fishing, in the sea and in rivers.' Dom. P. L. 1. 8. 2. 1. -note. Observe that the work of Domat was published -in 1689, and he died in 1696. *Dict. hist. par une société. -_verbo_ Domat. We know then from him the state -of the laws of France, at a period a little anterior only to the establishment -of the colony of Louisiana, and the transfer of the -laws of France to that colony by its charter of 1712. - - [Sidenote: 61*] - - [Sidenote: Levées and Police of Missisipi.] - -To the provisions which have been thus made by the Roman -and French laws and transferred to Louisiana, no particular additions, -by either the French or Spanish government, have been -produced on the present occasion. We know the fact, and thence -infer the law, that from a very early period, the governors of -that province were attentive especially to whatever respected the -harbor of New-Orleans, which included the grounds now in -question. We see them forbidding inclosures, or buildings on -them, pulling down those built, publishing bans against future -erections, forbidding earth for buildings and streets to be taken -from the shore adjacent to the city, and assigning the beach Ste. -Marie for that purpose, protecting all individuals in the equal -use of it as a Quai, in which cares and superintendence the Cabildo -or City Council, participated; and on the change of government -we see that council pass an Ordinance declaratory of the -limits of the port of N. Orleans, and come forward in defence -of the public rights, in the first moment of J. Gravier's intrusion, -by pulling down his inclosure, and when that intrusion under -the enterprise of Mr. Livingston, assumed a more serious aspect, -they, as municipal guardians of the interests of the city, made -an immediate appeal to the Judiciary, the Executive, and Legislative -authorities. In addition, too, to the French -laws for the protection of the bed and bank of the -river, the territorial legislature, on the 15th of Feb. -1808, passed an Act, reciting that inasmuch as 'the common -safety of the inhabitants of the shores of the river Missisipi depends -not only on the good condition of the levées or embankments, -which contain the waters of the said river; but also on -the strict observance of the laws concerning the police of rivers -and their banks, _which are in force in this territory_, and by -which it is forbidden to make on the shores of the rivers, any -work tending to alter the course of the waters, or increase their -rapidity, or to make their navigation less convenient, or the anchorage -less sure, [almost in the words of the Roman law, 'ne -quid in flumine publico'] they therefore enact that no levée shall -be made in front of those which exist at present, but on an inquisition -by 12 inhabitants, proprietors of plantations situate on -the banks of the river, convoked for that purpose, by the Parish -judge; that no such levée, which at the present time of passing -this act shall happen to be commenced in front of others already -existing, shall be continued or finished without a -like authorization;* that those who act in contravention -shall be fined 100 dols. for every offence in contravention, -and pay the expenses of removing the nuisance, and costs -of suit; and prohibiting the receiving compensation for the use -of the shores under a penalty of 500 dols. A law of wonderful, -not to say imprudent and dangerous tenderness to the riparian -proprietors, who are thus made the sole judges in cases where -their own personal interests may be in direct opposition to the -interests, and even the safety of the city, to which it gives no -participation or control over the power which may devote it to -destruction. - - [Sidenote: 62*] - -This act is partly declaratory of the existing law, and partly -additional. Application to the Prætor was under the Roman -law (Dig. 43. 13. 6.) for permission to fortify a bank for the -protection of a farm. He might refuse permission if injurious; -but if he thought it would not be injurious, the party was to -give security to make good all damages which should accrue -within ten years; and this security was for the protection, not -only of immediate neighbors, but of those also on the opposite -bank 'trans flumen possidentibus.' The Governor and Cabildo -seem to have held this Prætorian power in Louisiana, as well as -that of demolishing what was unlawfully erected. This act of -the Legislature, without taking the power from the Governor -and City Council, gave a concurrent power to the parish judge, -and a jury of 12 riparians: and without dispensing with the -security required by the existing law, adds penalties against contraveners. - -And surely it is the territorial legislature, which not only has -the power, but is under the urgent duty, of providing regulations -for the government of this river and its inhabitants, regulations -adapted to their present political regulations, as well as to the -peculiar character and circumstances of the river, and the adjacent -country. Their power is amply given in the act of Congress -of 1804. c. 38. §. 11. 'The laws in force in the said -territory at the commencement of this act, and not inconsistent -with the provisions thereof, shall continue in force, until altered, -modified, or repealed by the legislature. §. 4. The Governor, -by and with advice and consent of the said legislative council, -or of a majority of them, shall have power to alter, modify, and -repeal the laws which may be in force at the commencement of -this act. Their legislative powers shall extend to all the rightful -subjects of legislation;' with special exceptions, none of which -take away the authority to legislate for the police of the river. -And if ever there was a rightful subject of legislation, it is that -of restraining greedy individuals from destroying the country by -inundation. - - [Sidenote: Suspension of Liv.'s works, by whom?] - - [Sidenote: 63*] - -And here it must be noted that Mr. Livingston's works were -arrested by the Marshal and posse comitatus, by an -order from the Secretary of State on the *25th of -January 1808, and on the 15th of the ensuing -month, the legislature took the business into the -hands of their own government, by passing this act. -From this moment it was in Mr. Livingston's power to resume -his works, by obtaining permission from the legal authority. -The suspension of his works therefore by the general government -was only during these 21 days. - - [Sidenote: Their nature.] - - [Sidenote: 64*] - -That Mr. Livingston's works were clearly within the interdict -of the Roman, the French, and the Spanish laws, which forbid -the extending a mole into the water, constructing in it mills, -floodgates, canals, towers, houses, cabins, fisheries, stakes or other -things which may obstruct or embarrass the use, will -result from a brief recapitulation of their character -and effects, drawn from the statement before given. For it is -not to establish a mill, which, though an intrusion would be but -a partial one: it is not to erect a temporary cabin or fisherman's -hut, which would be a minor obstacle: but it is to take from the -city and the nation what is their port in high water, and at low -tide their Quai; to leave them not a spot where the upper craft -can land or lie in safety; to turn the current of the river on the -lower suburbs and plantations; to embank the whole of this extensive -beach; to take off a fourth from the breadth of the river, -and add equivalently to the rise of its waters; to demolish thus -the whole levée, and sweep away the town and country in undistinguished -ruin. And this not as a matter of theory alone, -but of experience: the fact being known that since the embankment -of the river on both sides through a space of three or four -hundred miles the floods are two or three feet higher than before -that embankment. In fine, should they have time to save themselves -from inundation by doubling the height and breadth of -their levée, it is that they may fall victims to the pestilential diseases -which, under their fervid sun, will be generated by the -putrefying mass with which he is to raise up the foundation between -the old and new embankments. But, has he entitled himself -to attain these humane achievements by fulfilling the preliminary -requisites of the law? Has he obtained the Prætorian, -or Pro-Prætorian license, that of the governor and city council, -to erect this embankment? Has he given security for all the -damages which shall be occasioned by his works for ten years? -Has he even carried his case before a jury of 12 brother riparians? -Or does he fear to trust it even to those having similar interests -with himself? lest the virtuous feelings of compunction for the -fate of their fellow citizens should scout his proposition with -honest indignation? And yet, until this permission, every spadeful -of earth he moved was an outrage on the law, and on the -public peace and safety, which called for immediate suppression*. -What was to be done with such an aggressor? Shall we answer -in the words of the Imperial edict, on a similar occasion, -that of breaking the banks of the Nile? Cod. 9. 38. 'Flammis -eo loco consumatur, in quo vetustatis reverentiam, -et propemodum ipsius imperii appetierit securitatem; consciis et -consortibus ejus deportatione constringendis; sic ut nunquam supplicandi, -eis, vel recipiendi civitatem vel dignitatem, vel substantiam, -licentia tribuatur.' 'Let him be consumed by the flames -in that spot in which he violated the reverence of antiquity, and -the safety of the empire, let his accessories and accomplices be -cut off by deportation from the possibility of supplicating forgiveness, -or of being restored to country, dignity and possessions.' -Our horror is not the less because our laws are more -lenient. - - [Sidenote: Remedies.] - -Such, then, were the facts, and such the state of the law, on -which we were called, and repeatedly and urgently -called to decide: not indeed in all the fulness in -which they have since appeared, but sufficiently manifested to -show that an atrocious enterprise was in a course of execution, -which if not promptly arrested, would end in a desolation for -which we could never answer. The question before us was, -What is to be done? What remedy can we apply, authorized -by the laws, and prompt enough to arrest the mischief? - - [Sidenote: Abatement of Nuisance.] - - [Sidenote: 65*] - -1. Were the case within the jurisdiction of our own laws, its -character and remedy would be obvious enough. A -navigable river is a high way, along which all are -free to pass. And as the obstructing a highway on -the land, by ditches or hedges, or logs across it, or erecting a -gate across it, is a common nuisance, so to weaken injuriously -the current of a river, by drawing off a part of its water, to obstruct -it by moles, dykes, weirs, piles, or otherwise, is a common -nuisance; and all authorities agree, that every one is allowed to -remove or destroy a common nuisance. Hawkins, P. C. 1. 75. -12. The Marshal and posse, instead of pleading the order from -the Secretary of State, have a right to say 'we did this as citizens, -and the law is our authority:' and it would really be singular -if, what every man may, or may not do, at his pleasure, the -magistrate who is sworn to see the law executed, and is charged -with the care of the public property and rights, is alone prohibited -from doing; or if his order should vitiate an act which -without it would have been lawful, or which he might have -executed in person. It would be equally singular, and equally -absurd, that the law should punish the magistrate for hindering -Mr. Livingston from doing what itself had forbidden and would -punish, and reward him with damages for having been -restrained *from what they had forbidden him to do. -The law makes it a duty in a bystander to lay hands on -a man who is beating another in the street, and to take him off. -And yet it is proposed that the same law shall punish him for -taking off one who was engaged, not in beating a single individual, -but in drowning a whole city and country. This is not -our law; it is not the law of reason; and I am persuaded it is no -part of a system emphatically called _ratio scripta_. If it is, let -the law be produced. Until it is, we hold every man authorized -to stay a wrongdoer, in the commission of a wrong, in which -himself and all others are interested. - - [Sidenote: Forcible entry.] - -2. By nature's law, every man has a right to seize and retake -by force, his own property, taken from him by another, -by force or fraud. Nor is this natural right -among the first which is taken into the hands of regular government, -after it is instituted. It was long retained by our ancestors. -It was a part of their Common law, laid down in their -books, recognised by all the authorities, and regulated as to certain -circumstances of practice. Lambard, in his Eirenarcha. B. -2. e. 4. says, 'it seemeth that (before the troublesome raigne of -king Richard the second,) the Common law permitted any person -(which had good right or title to enter into any land,) to win -the possession by force, if otherwise he could not have obtained -it. For a man may see, (in Britton fo. 115.) that a certain respite -of time was given to the disseisee, (according to his distance -and absence,) in which it was lawful for him to gather force, -armes, and his friends, and to throw the disseisor out of his -wrongful possession.' Hawkins in his Pleas of the crown, and -all the Abridgements and Digests of the law say the same: but, -not to take it at second hand, we will recur to the earliest authorities, -written while it was yet the law of the land. Fleta in the -time of E. 1. writes, - - 'Si facta fuerit diseissina, primum et principale competit - remedium quod ille qui ita disseisitus est, per se, si possit, - vel sumptis viribus, vel resumptis (dum tamen sine aliquo - intervallo, flagrante disseisinâ et maleficio) rejiciat - spoliantem. Quem si nullo modo expellere possit, ad superioris - auxilium erit recurrendum. Si autem verus possessor absens - fuerit, tunc locorum distantia distinguere oportebit, secundem - quod fuerit propè vel longè, quo tempore viz. scire potuit - disseisinam esse factam, ut sic, allocatis ei rationabilibus - dilationibus, primo die cum venerit, statim suum dejiciat - disseisitorem; qui, si primo die, non possit, in crastino, vel - die tertio vel ulterius, dum tamen sine fictitiâ, hoc facere - poterit, vires sibi resumendo, arma colligendo, auxiliumque - amicorum convocando.' Fleta L. 4. c. 2. And Bracton L. 4. c. - 6. in almost totidem verbis; and Britton 'le premer remedie - pour disseisine est al disseisi de recollier amys et force et - sauns delay faire (après ceo que il le purra saver) egetter - les disseisours.' Britton c. 44. - - [Sidenote: 66*] - - 'If a disseisin has been committed, a first and principal - remedy lies, that he who has been so disseised, by himself, if - he can, or taking force, and retaking, (provided it be without - any interval, the disseisin and wrong being yet flagrant,) - may eject the spoliator. Whom, if he can by no means expel, - resort is to be had to the assistance of a superior. But if - the rightful possessor were absent, then, regard must *be had - to the distance of the places, according as it was near or far - off, at what time, for instance, he could know that a disseisin - had been committed, that so, reasonable delays being allowed - him, on the first day when he comes, he may immediately eject - the disseisor, which if he cannot do on the first day, he may - on the morrow, or third day, or later, provided however he - do it without false pretences, by taking to himself force, - collecting arms, and calling in the aid of his friends.' And - Bracton L. 4. c. 6. almost in the same words; and Britton - says, 'The first remedy for disseisin is for the disseisee to - collect his friends and force, and without delay, (after he - may know of it,) to eject the disseisors.' - -This right, as to real property, was first restrained in England -by a statute of the 5. R. 2. c. 7. which forbade entry into lands -with strong hand; and another of the same reign, 15. R. 2. c. 2. -authorized immediate restitution to the wrong doer, put out by -forcible entry. And even at this day, in an _action_ of trespass, -for an entry, _vi et armis_, if the defendant makes good title, he -is maintained in his possession, and the plaintiff recovers no -damages for the force. Lambard 2. 4. Hawk. P. C. 1. 64. 3. -And in like manner, the natural right of recaption by force still -exists, as to personal goods, and the validity of their recaption. -Hawk. 1. 64. 1. Kelway 92. is express. Blackstone, indeed, 3. -1. 2. limits the right of recaption to a peaceable one, not amounting -to a breach of the peace; meaning, I presume, that the recaptor -by force may be punished for the breach of the peace. -So may the defendant in trespass for an entry _vi et armis_. Yet -in an _action_ of detinue for the personal thing retaken by force, -the first wrong doer cannot recover it, nor damages for the recaption, -any more than in the case of trespass for lands. So that -to this day the law supports the right of recaption, as between -the parties, although it will punish the public offence of a breach -of the peace. - - [Sidenote: Roman law.] - - [Sidenote: 67*] - -When this natural right was first restrained among the Romans, -I am not versed enough in their laws to say. -It was not by the laws of the XII tables, which continued -*long their only laws. From the expression -of the Institute, '_divalibus constitutionibus_,' I should -infer it was first restrained by some of the Emperors, predecessors -of Justinian. L. 4. t. 2. §. 2. - - 'Divalibus constitutionibus prospectum est, ut nemini liceat - vi rapere vel rem mobilem, vel se moventem, licet suam eandem - rem existimat. Quod non solum in mobilibus rebus, quæ rapi - possunt, constitutiones obtinere censuerunt, sed etiam in - invasionibus, quæ circa res soli fiunt.' - - 'By the Imperial constitutions it is provided that no one shall - take by force a thing either moveable, or moving, although he - considers it as his own. Which the constitutions have ordained - to take place, not only in moveable things, which may be taken, - but also in intrusions which are made into lands.' - -But I believe that no nation has ever yet restrained itself in -the exercise of this natural right of reseising its own possessions, -or bound up its own hands in the manacles and cavils of litigation. -It takes possession of its own at short hand, and gives to -the private claimant a specified mode of preferring his claim. -There are cases, of particular circumstance, where the sovereign, -as by the English law, must institute a previous inquest: but in -general cases as the present, he enters at once on what belongs -to his nation. This is the law of England. 'Whenever the -king's [i.e. the nation's] title appears of record, or a possession -in law be called upon him by descent, escheat, &c., he may -enter without an office found: for if his title appear any way of -record, it is as good as if it were found by office: and if any one -enter on him, even before his entry made, he is an intruder; he -cannot gain any freehold in the land, nor does he put the king -to an assize or ejectment, or take away his right of entry: for -he cannot be disseised but by record. Stamford. Prærogativa -regis. 56. 57. Com. Dig. Prærog. D. 71. the substance of the -authorities cited. - - [Sidenote: Squatters.] - - [Sidenote: 68*] - - [Sidenote: Jurisdiction in whom.] - - [Sidenote: When it results to Courts.] - -What are the prescriptions of the Roman law in this case, I do -not know; nor are they material but inasmuch as they may be -the law of the case in Louisiana. A Spanish law before cited, -p. 55. forbidding erections on the beds, or on the banks of rivers, -says expressly, 'si alguno lo ficiese debe ser deribado.' 'If any -one does it, it is to be destroyed.' And the constant practice of -the Governors of demolishing such erections was the best evidence -of the law we could obtain. Not skilled in their laws -ourselves, we had certainly a right to consider the Governor and -Cabildo as competent expositors of them, and as acting under -their justification and prescription. We might reasonably -think ourselves safe *in their opinions of their own law. -In fact, if the immediate entry was permitted by the English -law, and our own, we thought we might, _à fortiori_, conclude -it permitted by those of the province. We had before -us too the example of many of the states, and of -the general government itself, which have never hesitated to remove -by force the Squatters and intruders on the public lands.[101] -Indeed if the nation were put to action against every Squatter, -for the recovery of their lands, we should only have lawsuits, -not lands for sale. While troops are on parade, should intruders -take possession of their barracks, and shut the doors, are they to -remain in the open air till an action, or even a writ of forcible -entry replace them in their quarters? if in the interval of a daily -adjournment, intruders take possession of the capitol, may not -Congress take their seats again till an inquisition and posse shall -reintroduce them? let him who can, draw a line between -these cases. The correct doctrine is that so -long as the nation holds lands in its own possession, -so long they are under the jurisdiction of no court, but by special -provision. The United States cannot be sued. The nation, by -its immediate representatives, administers justice itself to all who -have claims upon the public property. Hence the numerous petitions -which occupy so much of every session of Congress in -cases which have not been confided to the courts. But when -once they have granted the lands to individuals, -then the jurisdiction of the courts over them commences. -They fall then into the common mass of -matter justiciable before the courts. If the public has granted -lands to B. which were the legal property of A., A. may bring -his action against B. and the courts are competent to do him -justice. The moment B. attempts to take possession of A.'s -lands, the writ of forcible entry, the action of trespass or ejectment, -and the Chancery process, furnish him a choice of remedies. -The holders of property therefore are safe against individuals -by the law; and they are safe against the Nation by its -own justice: and all the alarm which some have endeavored to -excite on this subject has been merely _ad captandum populum_. -As if the people would not be safe in their own hands, or in -those of their representatives; or safer in the hands of irresponsible -judges, than of persons elected by themselves annually or -biannually. The truth is, no injury can be done to any man -by another acting either in his own or a public character, which -may not be redressed by application to the proper organ to -which that portion of the administration of justice has been assigned. - - [Sidenote: Act of Congress.] - - [Sidenote: 69*] - - [Sidenote: Remitter.] - - [Sidenote: 70*] - -3. Our third and conclusive remedy was that prescribed by -the act of Congress of 1807. c. 91. to prevent *settlements -on lands ceded to the U. S. The Executive -had been indulgent, perhaps remiss, in not removing -Squatters from the public lands, under the general -principles of law before explained and habitually acted on. This -act therefore was a recent call on them to a more vigilant performance -of their duty, in the special district of country lately -ceded to them by France, with some modifications of its exercise -on previous settlers. The act has two distinct classes of -Intruders in view. 1. Those who, _before the passing of the act_, -had possessed themselves of the lands, and were actually resident -on them at the passing it: and 2. Those who should take possession -_after the passage of the act_. 1. With respect to the class -of Intruders _before_ the passage of the act, the 2d section provides -that, on renouncing all claim, they may obtain from the register -or recorder, permission to remain on the lands, extending their -occupation to 320 acres, §. 8. which permissions are to be recorded: -but, §. 4. those not obtaining permission are, on three -months' notice, to be removed by the marshal. But Mr. Livingston -was much too wise to qualify himself for the benefit of these -sections, by an actual residence on the batture. _His_ part of the -act therefore is the first section which enacts that 'if any person -shall take possession of any lands ceded to the U. S. by treaty, -he shall forfeit all right to them if any he hath; and it shall be -lawful for the President of the U. S. to direct the Marshal, or -the military, to remove him from the lands. Providing however -that this removal shall not affect his claim until the Commissioners -shall have made their reports, and Congress decided thereon.' -The tribunal to which the legislature had specially delegated a -power to take cognizance of the claims on the public lands in -Orleans, and to inform them what lands were clear of claim, and -free to be granted to our citizens, was a board of Commissioners: -and the plain words and scope of the law were, to keep all -claims and prior possessions _in statu quo_, until they could be -investigated by these Commissioners, reported, and decided on by -Congress. And this act indulgently provides that the right of a -person removed by the Executive for irregularly taking possession -of lands which he thought his own, should not be affected -by this removal, but that he might still lay his claim before the -Commissioners, and Congress would decide on it. Mr. Livingston's -claim was clearly within the purview of the law. It was -of lands 'ceded to the U. S. by treaty,' and he had 'taken possession -of them _after the passage of the act_.' For the decree -of the court was not till May 23, '07, and his possession was -subsequent to that. If he should say, as his counsel -seems to intimate, Opinions LXVII. that this -was a _remitter_ to him of the ancient possession* of -Bertrand Gravier, I answer that it was no remitter -against any one, because the case was _coram non judice_, as will -be shown, and still less against the U. S. who were no parties to -the suit: and if it had been a remitter, then I should have observed -that the order has been executed on a person not comprehended -in it; for it was expressly restrained to possessions taken -after the 3d of March '07, in that case the Marshal must justify -himself, not under the order, but his personal right to remove a -nuisance. But investigations, reports, and decisions of Congress -were dangerous. It was safer to be his own judge, to seize -boldly, and put the public on the defensive. He seizes the -ground he claims, and refers his title to no competent tribunal. -When ousted, according to the injunctions of the statute, and -repossession taken on behalf of the U. S. he passes by the preparatory -tribunal of the Commissioners, and endeavors to obtain -a decision on his case by Congress, in the first instance: in this -too he has been disappointed. Congress have maintained the -ground taken under the statute; and Mr. Livingston now demands -the value of the lands from the magistrate on whom devolved -the duty of executing the statute. - - [Sidenote: Recapitulation.] - -Taking now a brief review of the whole ground we have -gone over, we may judge of the correctness of the -decision of the Cabinet, as to their duty in this case. -I trust it will appear to every candid and unbiassed mind, that -they were not mistaken in believing - - That the Customs of Paris, the Ordinances of the French - government, the Roman law as a supplement to both, with the - special acts of the Spanish and American legislatures, composed - that system of law which was to govern their proceedings. - - That, were this a case of Alluvion, the French law gives it to - the Sovereign in all cases; and the Roman law to the private - holder of _rural_ possessions only. - - That Bertrand Gravier had converted his plantations into a - fauxbourg, and appendage of the city of New-Orleans; with the - _previous_ sanction of the Spanish government, according to - his own declarations, by which those claiming under him are - as much bound, as if made by themselves; and certainly by its - _subsequent_ formal recognitions, and confirmations, which - acted retrospectively; and the character of the ground being - thus changed from a Rural to an Urban possession, the Roman - law of Alluvion does not act on it. Recapitulation. - - [Sidenote: 71*] - - That even had his ground retained its _rural_ character, and - admitting that the grant to him '_face au fleuve_' conveyed - the lands to the water's edge, his sales, '_face au fleuve_' - conveyed to his* purchasers the same right which the same terms - had brought to him, and they, and not the plaintiff, now hold - the rights of B. Gravier, whatever they were. - - That John Gravier having elected to take the estate as a - purchaser by inventory and appraisement, the Batture, if - Bertrand's, was not in that inventory, nor consequently - purchased by John Gravier. - - That the deed from him to De la Bigarre was fraudulent and void, - as well by the _lex loci_, as on the face of the transaction. - - That the decision of the court in his favor could in no wise - concern the United States, who were neither parties to the - suit, nor amenable to the jurisdiction. - - And, consequently, that under all these views of the French - law: the Roman law, the conveyances '_face au fleuve_,' the - purchase by inventory, and the fraudulency of the deed to - Bigarre, the plaintiff's claim is totally unfounded. And, if - void by any one of them, it is as good as if void by every one. - - But it has appeared further that the batture had not a single - characteristic of alluvion: - - That the _bank_ of a river is only what is above the high - water mark: - - That all below that mark is _bed_, or alveus, of which the - batture is that portion between the high and low water mark, - which we call the _beach_: - - That it serves, as other beaches do, for a port while covered, - and Quai uncovered: and it is the only port in the vicinity - of the city which river craft can use. - - That, as a part of the _bed_ of the river, it is purely public - property. - - That it is not lawful for an individual to erect, on either - the bed or bank of a river, any works which may affect the - convenience of navigation, of the harbor or Quai, or endanger - adjacent proprietors on either side of the river. - - That though it is permissible to guard our own grounds against - the current of the river, yet, so only, as to be consistent - with the convenience and safety of others. - - That of this the legal magistrates are to be judges in the first - instance; but even _their_ errors are to be guarded against - by an indemnification for all damages which shall actually - accrue to individuals within a given time. - - [Sidenote: 72*] - - That Mr. Livingston's works, in a single flood, had given - alarming extent, both in breadth and height, to the batture: - had turned the efforts of the river against the lower suburbs, - and habitations, not before exposed to them; that they would - deprive the public of what was their Quai in low water, and - harbor* in times of flood: that, by narrowing the river one - fourth, it must raise it in an equivalent proportion, to - discharge its waters: that this would sweep away the levée, - city, and country, or quadruple the bulk of the levée, and - the increased danger to which that would expose it: and, - even then, would infect the city, by the putridity of the new - congestions, with pestilential diseases, to which its climate - is already too much predisposed. - - That Mr. Livingston was doing all this, of his own authority, - without asking permission from the public magistrate, or giving - any security for the indemnity of injured citizens: - - That under the pressure of these dangers, the Executive of - the nation was called on to do his duty, and to extend the - protection of the law to those against whose safety these - outrages were directed: - - And that the authorities given by the laws, 1. For preventing - obstructions in the beds, or banks of rivers, 2. For re-seizing - public property intruded on; and 3. For removing intruders - from it by force, were adequate to the object, if promptly - interposed. - - [Sidenote: Orders of the Government.] - - [Sidenote: Proceedings under them.] - - [Sidenote: 73*] - -On duly weighing the information before us, which though -not as ample as has since been received, was abundantly -sufficient to satisfy us of the facts, and has -been confirmed by all subsequent testimony, we were -all unanimously of opinion, that we were authorized, and in duty -bound, without delay, to arrest the aggressions of Mr. Livingston -on the public rights, and on the peace and safety of the city -of New-Orleans, and that orders should be immediately dispatched -for that purpose, restrained to intruders since the passage -of the act of March 3. The Secretary of State accordingly -wrote the letter of Nov. 30, to the Governor, covering instructions -for the Marshal to remove immediately, by the civil power, -any persons from the batture Ste. Marie, who had taken possession -since the 3d of March, and authorising the Governor, if -necessary, to use military force; for which purpose a letter of the -same date was written by the Secretary at war to the commanding -officer at New-Orleans. This force however was not called -on. The instructions to the Marshal were delivered to him -about 9 o'clock in the morning of the 25th of Jan. 1808. [Dorgenoy's -letter to the Governor] He immediately went to the -beach, and ordered off Mr. Livingston's laborers. -They obeyed, but soon after returned. On being -ordered off a second time, the principal person told -him that he was commanded by Mr. Livingston not to give up -the batture until an adequate armed force should compel him. -And, in the mean time, Mr. Livingston had procured, -from a single judge of the superior court of the territory,* -an order, purporting to be an injunction, forbidding the -marshal to disturb Edward Livingston in his possession of the -batture, under pain of a contempt of court. The marshal, placed -between contradictory orders, of the national government as to -the property of the nation, and a territorial judge without jurisdiction -over it, obeyed the former; collected a posse comitatus, -ordered off the laborers again, who peaceably retired; and no -further attempts were afterwards made to recommence the work. - - [Sidenote: Chancery Jurisdiction.] - - [Sidenote: 74*] - -I have said that the marshal received an order, purporting to -be an injunction. An authoritative injunction it -could not be; because that is a Chancery process, -and no Chancery jurisdiction has been given by any -law to the superior court of that territory. Its judges were first -established by the act of Congress of 1804. c. 38. with commissions -for four years, and certain specified powers, which it is -unnecessary to state, because an act of March 2, of the next -year, c. 83. established, in that territory, 'a government in all -respects similar to that exercised in the Missisipi territory,' which -government had been established by an act of 1798. c. 5. 'in -all respects similar to that in the territory North-west of the -Ohio.' So that we are to find all their powers in the Ordinance -of 1787, for the North-Western territory, in which are the following -words. 'There shall be appointed a court to consist of -three judges, any two of whom to form a court, who shall have -_a common law jurisdiction_, and their commissions shall continue -in force during good behavior.' And again 'The inhabitants of -the said territory shall always be entitled to the benefits of the -writ of _Habeas corpus_, and of the trial by jury.' New commissions -were accordingly given to the judges appointed under -the first law, and, instead of their former powers, they were now -to have _a common law jurisdiction_. By these words certainly -no _chancery jurisdiction_ was given them. Every one knows -that common law jurisdiction is a technical term, used in contradistinction -to a chancery jurisdiction, and exclusive of that, the -common law ending where the chancery begins. The one authority -is here given, and therefore they have it; the other is not -given, and therefore they have it not. For they have no authority -but that which is given by the legislature. If they have not -chancery powers, then, by this law, there remains but one other -source from which they can legally derive it. The act of 1804 -before mentioned § 11, says, 'the laws in force in the said territory, -at the commencement of this act, and not inconsistent -with the provisions thereof, shall continue in force until altered, -modified, or repealed by the legislature.' We have seen that -the laws in force were the French and Roman, with perhaps -some occasional Spanish regulations. It being perfectly understood -that these were not meant to be included in the -*change, it follows that the term _common law_, when -applied to this territory, must be equivalent to the common -law of that land, or the law of the land. Was then the -establishment of the French and Roman laws an establishment -of the chancery system of law? Will it be said that the Roman -and Chancery laws, for instance, are the same? That the _civil -law_, and the _chancery_ are synonymous terms, both meaning the -same system? Nobody will say that. The system of chancery -law is partly concurrent, but chiefly supplementary and corrective -of that of the common law. It sometimes corrects the -harshness of the letter, where that includes what was not intended. -It gives remedies in certain cases where that gave -none, and more perfect remedies in other cases. It is adapted -to the common law as one part of an indenture is to its counterpart. -It is formed to tally with that in all its prominences and -recesses, its asperities and defects, and with no other body of -law on earth. It consists of a set of rules and maxims, modified -by the English Chancellors thro' a course of several centuries, -derived from no foreign model, but contrived to reduce specifically -the principles of common law to those of justice. The -Roman law has something similar in its _Jus Prætorium_, where -the discretion of the Prætor was permitted to mollify and correct -the harshness of the _leges scriptæ_. But to apply the _Jus Prætorium_ -to our common law, or our chancery to the _leges scriptæ_ -of the Romans, would be to apply to one thing the tally of another, -or to mismatch the parts of different machines, so as to -render them inconsistent and impracticable. Our chancery system -is as different from the civil, as from the common law. All -systems of law indeed profess to be founded on the principles of -justice. But the superstructures erected are totally distinct. -The chancery then being a system clearly distinct from that of -the French and Roman laws, it cannot be said that the legislature -of the U. S. by establishing the French and Roman laws -in Orleans, established there the chancery system. It will not -be pretended that the process of _subpœna_, used in the present -case, and the sole and peculiar original process of chancery, is a -civil law process. It is known to have been the invention of -Waltham, Chancellor of Richard II. founded on the statute of -Westminster the 2d c. 24. giving writs _in consimili casu_. - - [Sidenote: 75*] - - [Sidenote: 76*] - -Might it be urged (for I am really at a loss to conjecture on -what grounds this power has been assumed) that possessing -under the act of '04, the powers of the chancery combined with -those of the French and Roman laws, the subsequent act which -gave them a common law jurisdiction, did not take away the -others? _In totidem verbis_ it did not, but in effect it did completely, -by changing the government into one in all respects -similar to that in the Missisipi territory, where there was no -chancery jurisdiction. Moreover, there is not a word in the act -of '04, which gives them *chancery jurisdiction. It says, 'they -shall have jurisdiction in all criminal cases, and original -and appellate jurisdiction in all civil cases of the value of -100 dollars, and the laws in force at the commencement -of this act shall continue in force.' Here then is their jurisdiction, -and the particular system of law according to which they -are to exercise it, and the chancery made no part of that system. -This argument too would suppose that to the French, the Roman, -the Spanish, and the Chancery laws, the common law was -also added. This would be an extraordinary spectacle, indeed, -and the imputation of such an intention would be an insult to -the legislature. Their laws have always some rational object -in view; and are so to be construed, as to produce order and -justice. But this construction, establishing so many systems, -and these inconsistent and contradictory, would produce anarchy -and chaos, and a dissolution of all law, of all rights of person or -property. And what would be the consequences of carrying on -a system of chancery concurrent with the French and Roman -laws? A case is brought, for instance, into their court of chancery. -I ask the honorable judges, is the law of chancery in this -case, the same as the civil law? If the same, what need of calling -in the system of chancery? If different, will you decide -against the law established by the legislature? If you carry on -two systems, the one of which, in any case, gives a right to A. -and the other to B. the suitor who covets his neighbor's property -needs only to chuse that court, the rules of which will give it to -him. Thus all rights will be set afloat between two opposite -systems. The wisdom of the legislature therefore has been as -sound in not giving a chancery jurisdiction concurrently with -the civil law, as the judges have been ill-advised in usurping it. -And have they adverted to the national feelings, when they have -ventured, on their own authority, to abolish the trial by jury -pledged by the Ordinance to the inhabitants forever? Whoever -wishes to take from his opponent the benefit of this trial, -has only to bring his suit in the court of chancery. In this very -case, on which the well-being of a great city is suspended, no -jury was called in. The judges took upon themselves to decide -both fact and law; aware, at the same time, that a jury could not -have been found in Orleans, which would not have given a contrary -decision. I shall not ascribe either favoritism, or intentional -wrong to them: but they ought not to be surprised, if those -do whose interests and safety are so much jeopardised by this -shuffle of the judges into the place of the jury. It is much regretted -that these respectable judges have set such an example -of acting against law. It will be more regretted if they do not, -by the spontaneous exertion of their own good sense and self-denial, -tread back their steps, and perceive that there is -more honor and magnanimity in correcting, than *persevering -in an error. They had before them too the example -of their neighbors, of the Missisipi territory, whose government -was expressly made the model of theirs. Their judges, -like themselves, entitled to common law jurisdiction only, and -sensible it needed the mollifying hand of the chancery, did not -think the assumption of it within their competence. The territorial -legislature therefore invested them with the jurisdiction. -The Judiciary power of the Indian territory modelled by the -same Ordinance, was enlarged in like manner by the local legislature. -And yet the Orleans territory, least of all needed the aid -of a Chancery, as possessing already a corresponding corrective, -well adapted to the body of their law, to which the system of -Chancery was entirely inapplicable. - -Although I had before noted, pages 16, 68. that the decree of -this court was a nullity as to the United States, 1. Because -they were not a party, nor amenable to their tribunal; 2. Because -also it was on a subject over which they had no jurisdiction, -I have thought it useful to prove it a nullity; 3dly. Because -the result of a process, and a course of pleading and trial belonging -to a court whose powers they do not possess by law, in -which course of action the law considers them as mere private -persons, is entitled to the obedience of no one. I have done this -the rather because it has been seized as a ground of censure on -the Executive, as violating the sanctuary of the judicial department, -and of inculpating the Marshal, who, placed between two -conflicting authorities, had to decide which was legitimate, and -decided correctly, as I trust appears, in obeying that which ordered -him to remove the plaintiff from an usurped possession. - - [Sidenote: Act of territorial Legislature.] - -The territorial legislature, three weeks after, took up the subject, -and passed an act prescribing in what manner -riparian proprietors should proceed, who wished to -make new embankments in advance of those existing. -This gave to Mr. Livingston an easy mode of applying -for permission to resume his enterprise; and had he obtained a -regular permission, certainly it would have been duly respected -by the National Executive. On the 1st of March I received -from Governor Claiborne a letter of Jan. 29. informing me of the -execution of our orders, and covering a vote of thanks from the -legislative council and House of Representatives of Orleans, for -our interposition: and on the 7th of the same month, I laid the -case before Congress by the following message. - - [Sidenote: Message to Congress.] - - [Sidenote: 77*] - -'To the Senate and House of Representatives of the United -States. In the city of New-Orleans and adjacent to -it are sundry parcels of ground, some of them with -buildings and other improvements on them, which -it is my duty to present to the attention of the legislature. -The title to *these grounds appears to have -been retained in the former sovereigns of the province -of Louisiana, as public fiduciaries, and for the purposes of the -province. Some of them were used for the residence of the -Governor, for public offices, hospitals, barracks, magazines, fortifications, -levées, &c. others for the town house, schools, markets, -landings, and other purposes of the city of N. Orleans. Some -were held by religious corporations, or persons; others seem to -have been reserved for future disposition. - -To these must be added a parcel called the batture, which requires -more particular description. It is understood to have -been a shoal, or elevation of the bottom of the river, adjacent -to the bank of the suburb St. Mary, produced by the successive -depositions of mud during the annual inundations of the river, -and covered with water only during those inundations. At all -other seasons it has been used by the city, immemorially, to furnish -earth for raising their streets, and court yards, for mortar -and other necessary purposes, and as a landing or Quai for unlading -firewood, lumber, and other articles brought by water. -This having lately been claimed by a private individual, the -city opposed the claim on a supposed legal title in itself: but it -has been adjudged that the legal title was not in the city. It is -however alleged that that title, originally in the former sovereigns, -was never parted with by them, but was retained by -them for the uses of the city and province, and consequently has -now passed over to the U. S. Until this question can be decided -under legislative authority, measures have been taken -according to law, to prevent any change in the state of things, -and to keep the grounds clear of intruders. The settlement of -this title, the appropriation of the grounds and improvements -formerly occupied for provincial purposes to the same, or such -other objects as may be better suited to present circumstances; -the confirmation of the uses in other parcels to such bodies corporate, -or private, as may of right, or on other reasonable considerations, -expect them, are matters now submitted to the -determination of the legislature. The paper and plans now -transmitted, will give them such information on the subjects as I -possess, and, being mostly originals, I must request that they -may be communicated from the one to the other house, to answer -the purposes of both. TH: JEFFERSON. _March 7, 1808._' - - [Sidenote: Removal of the case before them.] - - [Sidenote: 78*] - -This removal of the case before Congress closed the official -duties of the Executive, and his interference respecting -these grounds: except that the attorney of the -United States for the district of Orleans having given -written permission to the inhabitants to use the batture as before, -this, on the application of Mr. Livingston, was directed to be -withdrawn by a letter from the Secretary of State, of -Oct. 5. '09. This was correct. It placed the inhabitants -exactly *on their former footing, without either permission -or prohibition on the part of the National government. - -The _possession_, the only charge of the Executive, was now -cleared from intrusion, and restored to its former condition: and -the question of title committed to the Legislature, the only -authority competent to its decision. If they considered the -ground taken by the Executive as incorrect, their vote, or their -reference of the case to Commissioners, would correct it: and -as to damages, if any could justly be claimed, they were due, as -in other cases, not from the judge who decides, but the party -which, without right, receives the intermediate profits. If, on -the other hand, Congress should deem the public right too palpable, -(as to me it clearly appears,) and the claim of the plaintiff -too frivolous, to occupy their time, they would of course pass it -by. And certainly they might as properly be urged to waste -their time in questioning whether the beds of the Potomak, the -Delaware, or the Hudson, were public or private property, as -that of the Missisipi. Their refusing to act on this claim therefore -for five successive sessions, though constantly solicited, and -their holding so long the ground taken by the Executive, is an -expression of their sense that the measure has been correct. - - [Sidenote: Responsibility of a public functionary.] - - [Sidenote: 79*] - - [Sidenote: 80*] - -I have gone with some detail into the question of the plaintiff's -right, because, however confident of indulgence, -in the case of an honest error, I believed it would be -more satisfactory to show, that in the exercise of the -discretionary power entrusted to me by Congress, a -sound discretion had been used, no act of oppression had been -exercised, no error committed, and consequently no wrong done -to the plaintiff. I have no pretensions to exemption from error. -In a long course of public duties, I must have committed many. -And I have reason to be thankful that, passing over these, an act -of duty has been selected as a subject of complaint, which the -delusions of self interest alone could have classed among them, -and in which, were there error, it has been hallowed by the -benedictions of an entire province, an interesting member of our -national family, threatened with destruction by the bold enterprise -of one individual. If this has been defeated, and they -rescued, good will have been done, and with good intentions. -Our constitution has wisely distributed the administration of the -government into three distinct, and independent departments. -To each of these it belongs to administer law within its separate -jurisdiction. The judiciary in cases of _meum_ and _tuum_, and -of public crimes; the Executive, as to laws executive in their -nature; the legislature in various cases which belong to itself, -and in the important function of amending and adding to the -system. Perfection in wisdom, as well as in integrity, is -neither required, nor expected in these *agents. It belongs -not to man. Were the judge who, deluded by -sophistry, takes the life of an innocent man, to repay it with his -own; were he to replace, with his own fortune, that which his -judgment has taken from another, under the beguilement of false -deductions; were the Executive, in the vast mass of concerns of -first magnitude, which he must direct, to place his whole fortune -on the hazard of every opinion; were the members of the legislature -to make good from their private substance every law productive -of public or private injury; in short were every man -engaged in rendering service to the public, bound in his body -and goods to indemnification for all his errors, we must commit -our public affairs to the paupers of the nation, to the sweepings -of hospitals and poor-houses, who, having nothing to lose, would -have nothing to risk. The wise know their weakness too well -to assume infallibility; and he who knows most, knows best -how little he knows. The vine and the fig-tree must withdraw, -and the briar and bramble assume their places. But this is not -the spirit of our law. It expects not impossibilities. It has consecrated -the principle that its servants are not answerable for -honest error of judgment. 1. Ro. Abr. 92. 2 Jones 13. 1 Salk. -397. He who has done this duty honestly, and according to his -best skill and judgment, stands acquitted before God and man. -If indeed a judge goes against law so grossly, so palpably as no -imputable degree of folly can account for, and nothing but corruption, -malice or wilful wrong can explain, and especially if -circumstances prove such motives, he may be punished for the -corruption, the malice, the wilful wrong; but not for the error: -nor is he liable to action by the party grieved. And our form -of government constituting its respective functionaries judges of -the law which is to guide their decisions, places all within the -same reason, under the safeguard of the same rule. That in deciding -and acting under the law in the present case, the plaintiff, -who may think there was error, does not himself believe there -was corruption or malice, I am confident. What? was it my -malice or corruption which prompted the Governors and Cabildoes -to keep these grounds clear of intrusion? Did my malice -and corruption excite the people to rise, and stay the parricide -hand uplifted to destroy their city, or the grand jury to present -this violator of their laws? Was it my malice and corruption -which penned the opinion of the Attorney General, and drew -from him a confirmation, after two years of further consideration, -and when I was retired from all public office? Was it my -malice or corruption which dictated the unanimous advice of the -heads of departments, when officially called on for consultation -and advice? Was it my malice and corruption which procured -the immediate thanks of the two houses of legislature of the -territory of Orleans, and a renewal of the same thanks -*for the same interference, in their late vote of February -last? Has it been my malice and corruption which has -induced the national legislature, through five successive sessions, -to be deaf to the doleful Jeremiads of the plaintiff on his removal -_from his estate_ at New Orleans? Have all these opinions then -been honest, and mine alone malicious and corrupt? Or has -there been a general combination of all the public functionaries -Spanish, French, and American, to oppress Mr. Livingston? No. -They have done their duties, and his Declaration is a libel on -all these functionaries. His counsel, indeed, has discovered -[Opinions LXXIV] that we should have had legal inquests taken, -writs of enquiry formed, prosecutions for penalties, with all the -_et cæteras_ of the law. That is that we should be playing push-pin -with judges and lawyers, while Livingston was working -double tides to drown the city. If a functionary of the highest -trust, acting under every sanction which the constitution has -provided for his aid and guide, and with the approbation, expressed -or implied, of its highest councils, still acts on his own -peril, the honors and offices of his country would be but snares -to ruin him. It is not for me to enquire into the motives of the -plaintiff in this action. I know that his understanding is of an -order much too high to let him believe that he is to recover the -value of the batture from me. To what indirect object he may -squint with one eye, while the other looks at me, I do not pretend -to say. But I do say, that if human reason is not mere -illusion, and law a labyrinth without a clue, no error has been -committed: and recurring to the tenor of a long life of public -service, against the charge of malice and corruption I stand conscious -and erect. - - TH: JEFFERSON. - MONTICELLO, July 31, 1810. - - For Mr. Livingston's Answer, see Hall's American Law Journal, - Vol. 5, p. 113, of the Baltimore edition of 1814. - -FOOTNOTES: - - [82] He says, February, 1804. See address. - - [83] Thierry. - - [84] Notar. copy, Gravier to Bigarre. - - [85] Lafon, in his map of New Orleans, says expressly that the - Missisipi, at the city, is uniformly of the breadth of - 300 toises only.--_MS. Note._ - - [86] Rep. 19. - - [87] Monile's affidavit, MS. - - [88] These are French measures: add a fifteenth to make them - ours. - - [89] The following instances will give some idea of the steps - by which the Roman gained on the Feudal laws. A law of - Burgundy provided that 'Si quis post hoc barbarus vel - testari voluerit, vel donare, aut Romanam consuetudinem, - aut barbaricam, esse servandam, sciat.' 'If any barbarian - subject hereafter shall desire to dispose by legacy or - donation, let him know that either the Roman or barbarian - law is to be observed.' And one of Lotharius II. of Germany, - going still further, gives to every one an election of the - system under which he chose to live. 'Volumus ut cunctus - populus Romanus interrogatur quali lege vult vivere: ut - tali lege, quali professi sunt vivere vivant: illisque - denuntiatur, ut hoc unusquisque, tam judices, quam duces, - vel reliquus populus sciat, quod si offensionem contra - eandem legem fecerint, eidem legi, quâ profitentur vivere, - subjaceant.' 'We will that all the Roman people shall be - asked by what law they wish to live: that they may live - under such law as they profess to live by: and that it be - published, that every one, judges, as well as generals, - or the rest of the people, may know that if they commit - offence against the said law, they shall be subject to the - same law by which they profess to live.' Encyc. Method. - Jurisprudence, Coutume. 399. Presenting the uncommon - spectacle of a jurisdiction attached to persons, instead - of places. Thus favored, the Roman became an acknowledged - supplement to the feudal or customary law: but still, not - under any act of the legislature, but as 'raison écrite,' - written reason: and the cases to which it is applicable, - becoming much the most numerous, it constitutes in fact - the mass of their law. - - [90] Since this publication, Gen. Armstrong, our late Minister - at Paris, has sent me a printed copy of Crozat's Charter in - French, which he says he obtained directly, and in person - from the depôt of laws in Paris, but which he had no means - of comparing with the original. This printed copy, with - Gen. Armstrong's letter, I have deposited in the office - of the Secretary of State at Washington. _MS. Note._ - - [91] The only copy of this Charter I have ever met with is in - Joutel's Journal of La Salle's last voyage. An application - was made by the government of the United States, through - their minister at Paris, to the government of France, for - permission to have the original of this charter sought - for in their Archives, and an authentic copy obtained. The - application was unsuccessful. We must resort, therefore, - to this publication, made in 1714, two years after the - date of the patent, under the rule of law which requires - only the best evidence the nature of the case will admit. - For although we may not appeal to books of history for - documents of a nature merely private, yet we may for those - of a public character, e. g. treaties, &c., and especially - when those documents are not under our control, as when - they are in foreign countries, or even in our own country, - when they are not patent in their nature, nor demandable - of common right. - - [92] If it be objected that the incorporation of the Roman law - with the customs of Paris, and their joint transfer to - Louisiana does not appear, I answer, 1. At the date of - Crozat's charter, the Roman law had for many centuries - been amalgamated with the customary law of Paris, made - one body with it, and its principal part. By the customs - of Paris were doubtless meant the laws of Paris, of which - the Roman then made an important part, and might well be - understood to be transferred with them. It was hardly - intended that the new colonists were to unravel this - web, and to take out for their own use only the fibres of - Parisian customs, the least applicable part of the system - to their novel situation. 2. If the term, coutumes de Paris - in the charter be rigorously restrained to its literal - import, yet the judges of Louisiana would have the same - authority for appealing to the Roman as a supplementary - code, which the judges of Paris and of all France had had; - and even greater, as being sanctioned by so general an - example. 3. The practice of considering the Roman law as - a part of the law of the land in Louisiana, is evidence - of a general opinion of those who composed that state, - that it was transferred, and of an opinion much better - informed, and more authoritative than ours can be. Or it - may be considered as an adoption, by universal, though - tacit consent, of those who had a right to adopt, either - formally, or informally, as they pleased, as the laws of - England were originally adopted in most of these states, - and still stand on no other ground. - - [93] M. Moreau de Lislet assures us that he was in Paris at - the time of the decision of this appeal from Bordeaux, - that the decision of Bordeaux was reversed by the king - and council, then referred to the Parliament of Paris, and - the reversal confirmed by that body. See his Memoire, 50. - - [94] 'Rivage, is most commonly used for the shore of the _sea_, - but correctly also for the shore of a river. - - 'Chaque fleuve, chaque ruisseau - A partout franchi son rivage.' Regnier. - Dict. de Richelet. Rivage. - - 'Le Tybre écumeux et bruyant - De sa course fougueuse étonne son rivage.' - St. Evremont. - - It is particularly so used in Law. 'Sous le nom de _rivage_ est - compris le chemin qui doit être entretenu le long des côtes - et rivières navigables, pour le hallage des bateaux.' And - again, 'droit de rivage, qui est dû sur les marchandises - qui abordent au rivage de la ville de Paris.' Dict. de - Trévoux, Rivage. 'Sur le rivage de la Seine.' Dict. de - l'Académie. - - [95] Little versed in French jurisprudence, possessing few of - the authors teaching it, and, of some of those quoted by - the adverse party, so much only as they have thought to - their advantage to quote, I had apprehended it possible - (pa. 29.) that there might be among those authors, that - conflict of opinions on the law of alluvions, which these - quotations indicate. But I have lately had an opportunity - of reading in MS. a Memoire on the subject of the Batture, - written by M. Moreau de Lislet of New Orleans, a French - lawyer of regular education in the profession, who has - treated the subject, generally with great learning and - abilities, and especially that branch of it which relates - to the laws of France in cases of Alluvion. He has proved - that the doctrines of these great authorities are not - contradictory, and that a proper attention to the different - questions under contemplation in the passages quoted, will - show that all are right, and all in perfect harmony. To - elucidate this he explains certain principles of French - law, which mingling themselves with this subject, have - occasioned the misunderstanding with which we have been - perplexed. 1. The laws of France leave to the king a - right to _navigable_ rivers only, and their increments. - On rivers _not navigable_, the rights of the riparian - proprietor prevail as under the Roman law. See Pothier - ante. pa. 26. Very early however these rights were drawn - into question by the Feudal Superiors, who, looking to - the example of the king in the case of navigable rivers - in his kingdom, claimed similar rights on those _not - navigable_ within their Seignories. But repeated decisions - have condemned their claims, and confirmed the rights - of the riparian tenant. 2. By the laws of France, as by - those of England, lands received by inheritance, descend, - on the death of the tenant, to the heirs of that branch, - paternal or maternal, from which they came to him. But - those he acquires by purchase (acquets) pass to that line - of heirs of which himself is the root. When therefore, - to a maternal inheritance an acquisition happened to - be made by means of Alluvion, a question would arise, - between heirs of different lines, to which of them the - Alluvion would descend; whether to the direct heirs of the - decedent, as being an acquisition first vesting in him, or - to the maternal heir as an accessory to his inheritance. - The decisions were that it united with the inheritance, - became a part of that, and passed with it. 'Incrementum - alluvionis nobis adquiritur, jure quo ager augmentatus - primum ad nos pertinebat; nec istud merementum censetur - novus ager sed pars primi.' 'The increment of Alluvion is - acquired to us in the right in which the field augmented - first belonged to us.' Nor is the increment considered as - a new field, but a part of the first, Renusson. It follows - that questions of Alluvion would often arise in cases - wherein the king's rights were not at all concerned. They - would arise between Lord and vassal, and between individual - heirs of different lines. These explanations premised, M. - Moreau takes a review of the passages quoted from Henrys, - Bourjon, Dumoulin, Ferriere, Pothier, Le Rasle, Renusson, - Dargentré, Denisart, and Guyot, and shews that in every - instance where the question concerned a _navigable_ river, - there was no division of opinions as to the validity of - the king's right; and that in every instance where the - riparian right is asserted, the question has been between - private individuals, or concerning rivers _not navigable_. - Recurring then to the edicts and Ordinances placing this - right of the king beyond cavil, he observes that a practice - had prevailed from early times among riparian proprietors - of usurping on the rights of the crown to the increments - adjacent to them, and a necessary reaction of the crown, - by reclamations and resumptions, to preserve its own. And - he gives a detail of the edicts on this subject, proving - that that of 1693, instead of being the singular act - of a particular prince, whom the adverse party delights - to revile, was one only of a long series preceding and - following it. - - 1554. An edict was issued requiring the proper officers to - be vigilant in watching over the king's rights in islands, - attérissements, et _alluvions_, comme ils l'ont accoutumés - faire d'ancienneté.' So that it was even then a law and - practice d'ancienneté, and expressly including _alluvions_. - - 1664. An Ordinance for making enquiries concerning islands, - accroissements, &c. - - 1668. Apr. An Edict quieting possessions of these objects - of 100 years continuance, on paying a vingtiéme annually. - - 1669. The Ordinance des eaux et forêts, 'qui accorde au - roi la propriété de toutes _les rivières navigables_, de - leur lit, _rives_, et de tous les terreins qui peuvents - s'y former.' Guyot, ante. pa. 27. 'granting to the king - the property in _all navigable rivers_, their bed, _banks_, - and the grounds forming there.' - - 1683. Apr. A declaration, reciting that as the rivers - belong to the king 'tout ce qui se trouve renfermé dans - leur lit, comme les isles, accroissemens et attérissements - lui appartient aussi,' confirms _title_ anterior to - 1566 without condition, possessions anterior to 1566 on - conditions, and reunites all others to the crown. - - 1686. Apr.} Two edicts for Languedoc and Bretagne, - 1689. Aug.} confirming possessors in the said islands, - 'ensemble des crémens qui s'y sont formés, et de ceux - qui pourraient s'y former à l'avenir, soit par _alluvion_, - ou par industrie.' - - 1693. An edict general for the kingdom 'le droit de - propriété que nous avons _sur tous les fleuves et rivières - navigables_ étant incontestable, &c. Ordonnons que les - détenteurs des isles, islots, attérissemens, aceroissemens, - alluvions, &c. _sur_ les _rivières navigables_, &c. as - more at large, pa. 28. - - 1710. Feb. An edict confirming possession of islands, &c. - of the sea on specified terms, copied almost verbally from - that of 1693, using the word _alluvions_ as that does, - and referring to the provisions of that edict. - - 1722. Sep. An Arret resuming isles, attérissemens, &c. - formed since the edict of 1693. And those of anterior - formation where the possessor has not made the payments - provided by the edict of 1693. - - But this whole branch of the argument of M. Moreau must - be read with attention. Its matter cannot be abridged, - nor otherwise expressed, but for the worse. - - Having thus luminously reconciled the authorities which - had been so illy understood, and victoriously established - the public right to alluvions on _navigable rivers_, M. - Moreau, with too much facility, gives back to his adversary - one half the ground he has conquered, by a gratuitous - admission, which those interested in the event of the - cause are not ready to confirm. Led away, as it seems, - by an expression in the edict of 1683, 'tout ce qui se - trouve renfermé _dans leur lit_ nous appartient,' and - which is to be found in no other, and yielding to a single - decision of the Parliament of Paris of 1765, found in a - law dictionary, which adjudged that the Ordinances giving - to the king the isles which are formed _'dans le lit_,' - des fleuves et rivières navigables, ne lui donnent pas les - attérissements et _alluvions_ qui peuvent se former _hors_ - le lit de ces mêmes fleuves,' &c. He admits that though - alluvions _within_ the bed of a river belong to the king, - those _without_ the bed do not belong to him. M. Moreau - is too reasonable to consider as a compliment to himself - the adoption of an opinion on his authority alone, by - any one not convinced by his reasonings. Certainly I do - not feel myself competent to enter the lists with him, on - any question of difficulty in the French law. Yet after - maturely considering the authorities appealed to in this - case, and which he has rendered so strong by reconciling - and forming them into one mass, I cannot yield, as he - does, so imposing a mass to a single decision of the single - Parliament of Paris. I still must consider all alluvions - on _navigable rivers_ as belonging to the nation, and will - briefly assign my reasons. - - 1. It is of the essence of _Alluvion_ that it be, not in the - bed of the river, but _out_ of it; that is, adjacent to the - bank. So say expressly the Roman and French definitions. - 'Alluvio est incrementum _agro_ tuo flumine adjectum.' - l'Alluvion est un accroissement de terrein qui se fait - _sur les bords_ des fleuves, par les terres que l'eau y - apporte, et qui se consolident pour ne faire _qu'un tout - avec la terre voisine_.' Ante. pa. 26. Increments _within_ - the bed of a river, though sometimes carelessly spoken of - under the term _alluvion_, are never so in correct language, - never in the well weighed diction of ordinances and - statutes. They are termed accroissements, attérissements, - assablissements, isles, islots, javeaux, in French, and - in our language shoals, shallows, flats, bars, islands. - _Without_ the bed of the river, they add to the beach, or - to the adjacent field, according to their elevation, and - in this last case only, constitute _Alluvion, within_ the - bed of the river they lose that name. - - 2. 'Les alluvions qui se forment _dans_ le lit des fleuves' - is not the language of the edicts cited by Moreau himself, - not even of that single one on which this opinion is - founded. That has indeed the expression 'dans les lits,' but - applied, not to alluvions, but to isles, accroissements, - attérissements, to which it is applicable with truth - and correctness. These are the kinds of increments it - enumerates, and describes as being 'dans le lit.' If they - are enumerated _exempli gratiâ_ only as the word _comme_ seems - to imply, and alluvions, though not named, were within the - purview, as they are within the reason of the law, then, - if the thing itself is to be understood, as if expressed - in the text, its true description also is to be understood - as if expressed, that is to say, its adjacence to the - bank. The edicts of 1686 and 1689 mention 'les isles des - rivières navigables, ensemble les crémens qui _s'y_ sont - formés.' That of 1693 says, in like manner, 'le droit, - &c., _sur_ tout les fleuves, et les isles et crémens qui - _s'y_ sont formes,' and again, 'isles et alluvions _sur_ - les rivières navigables,' not '_dans leurs lits_.' That of - 1710 says 'possession des isles et _alluvion sur_ les dites - rivières.' Thus we see that wherever the edicts mention - _alluvions_, they describe them _sur_ le fleuve, not _dans - le lit_ du fleuve. When they speak of those increments - which are _dans le lit_ des fleuves, they name them as - accroissemens, attérissemens, &c., but not as _alluvions_. - - 3. This distinction is founded on a single decision of - a single parliament, and on the authority of a king's - advocate, Bacquet, and the dictum of Salvaing there cited, - all perhaps influenced by the same and single expression - in the edict of 1683. It is cited too from a Dictionary by - Prost de Royer, where it is doubtless stated in abridgment - only, and possibly with the omission of circumstances, - arguments, and expressions which, were they before us, - would change the aspect of the case, as M. Moreau himself - has shown to be so possible in his review of the mutilated - authorities produced by the adversary. And are we, for - this, to give up the doctrines of Pothier, Denisart, - Ferriere, and the host of other great authorities, and all - the definitions of the Roman and French laws, all of which - when speaking of _alluvions_, place them exclusively on - the borders, and not in the beds of rivers? I cannot do it. - - 4. This distinction is new in this cause, having never - been claimed by the plaintiff or his counsel, or suggested - by any other who has treated the question. This naturally - begets a suspicion that it is peculiar; though doubtless - the adversary will adopt it with avidity. And is he - entitled to this gratuitous aid? Is it the equity of his - cause, or even its honesty, or its utility, which gives - him this claim on our tenderness? I cannot consent to a - concession which gives the Batture from the public in the - contingency of its being considered as a real alluvion, - consolidated with, and making part of, the adjacent field. - On the contrary I insist on the public right in this case - also, under the laws of France, as hitherto understood, - and as declared by her highest authorities. - - 5. I adhere to this ground the more firmly, because I - observe, from another part of his Memoire, pa. 99. that - M. Moreau himself seems not very decided in this new - opinion. After stating the mischief of Mr. Livingston's - works, he says, 'it is to prevent a like abuse that the - Roman and Spanish laws of haute police, which I have - cited, are opposed to every species of works undertaken - on the banks of rivers and navigable streams, the effect - of which might be to extend the limits of riparian fields, - compromising the public safety, and injuring the facility - of navigation. It was with this view, and not to create - fiscal resources for himself that Louis XIV. renewed the - Ordinances which ascribed to the sovereign the property in - rivers and navigable streams, and of whatever is contained - in their bed. For if it be advantageous to navigation that - the king should be proprietor of the islands which form - themselves in navigable rivers, the same interest requires - still more that he should be proprietor of the _alluvions_ - and increments formed _along the shore itself_, since any - ownership of these objects, except that of the sovereign, - might oppose obstacles to the free landing on the shore, - which every one ought to have, and to the use of it which - the law gives to the public.' - - Considering this admission then, as doubted by M. Moreau - himself on a second and sounder view of it, I conclude - that the law is accurately laid down by Pothier [ante. pa. - 26.] 'By our French law, alluvions formed on the borders - of _navigable_ streams and rivers belong to the king. The - proprietors of riparian heritages can have no claim to - them, unless they have documents of the grant made them by - the king, of the right of alluvion along their heritages. - With respect to alluvions formed along the borders of a - river _not navigable_, the property of which belongs to the - proprietors of the neighboring heritage, the dispositions - of the Roman law are to be followed.' - - [96] Since this was written, I have seen the case of Smart v. - the magistrates, town council and community of Dundee, - reported in 8 Brown's Reports of Appeals in parl. 119. This - was an appeal from the court of Session in Scotland, to - the H. of Lords. The crown of Scotland had in very ancient - times, granted to the Corporation of Dundee, on the river - Tay, the borough, with all the lands and pertinents, the - privileges, profits, customs, ports, and liberties of - the river on both sides, as freely in all respects as is - possessed by the borough of Edinburgh over that of Leith, - and in a word, as it seems, every right, power and trust - which the crown could grant.--Smart, the proprietor of a - lot bounded on one side per fluxum maris, or the sea flood, - admitting that the sovereign, as trustee for the public, - has a right to prevent all such appropriation of the sea - shore, or the banks of navigable rivers as would impede - navigation, render it dangerous or hurt the interests of - commerce, either inland or foreign, and that all private - persons or corporations, having a grant of a port and - harbor, possess, to a certain extent, the same privileges - as derived from the sovereign within a defined space, - still he insisted on the right of the adjacent proprietor - to ground gained from the sea by its recess, or by his own - industry in embanking, or by any other opus manu factum, - _not prejudicial to navigation or the established rights - of others_. On the other hand the corporation claimed - by their grant, a right to the seashore adjacent to the - town, _in trust for the benefit of the community_, to - make harbors, basons, and works for securing them, market - places, wharves, wood yards, and other repositories for the - accommodation of the trade, and, for these different works, - to take in scites from the water by embankment, in short, - as standing in place of the crown, that they succeeded to - all the cares and powers of the crown, in the territory - and its waters, for the public good; and, for that object, - were now engaged in making an embankment adjacent to the - Appellant's lot, for the benefit of navigation and commerce. - They admit the general doctrine of the riparian right to - the soil which may be acquired from a sea or river, by its - receding naturally, or by industry: but that this does not - apply to the site of a _tenement within a burgh_, where - the corporation is entitled to all the soil not expressly - granted away: that the words, 'per fluxum maris' are but - words of description, which were accurate too at the date - of the grant, but have since become otherwise by a change - of character in the boundary, not in the area granted. They - are a limitation of the subject of the grant in the same way - as a road would be, which, if removed farther off, would - not carry the granted subject with it; or as the tenement - of another would be; and make it an _ager limitatus_, not an - _ager arcifinius_; the particular boundaries being named, - not to limit the coterminous property, but the property - granted. The Appeal was accordingly dismissed by the House - of Lords. No arguments of counsel, other than the written - pleadings, nor reasons of the Lords, are reported: but, - from this case, (crowded as it is with circumstances, many - of which are irrelevant to the merits of the question, - and of those relevant not the words but the condensed - substance is here given,) the book says, that the general - principle to be gathered is that 'where the sea flood is - stated as the boundary of premises granted on the shore of - _a sea-port being an incorporated borough_, this does not - give the grantee a right to follow the sea, or to the land - acquired from it, or left by it where it has receded, in - prejudice of the _corporation_ having, by their charter, - a right vested in them to the whole territory of the - burgh.' And consequently, in prejudice of the _king_, or - _public_, where no such grant has substituted others in - their place: and it authorizes a strong inference that - the English, like the Roman law, restrains the right of - alluvion to the _prædium rusticum__$1_, not admitting it on the - shores bordering the city. - - [97] Etymologies often help us to the true meaning of words; - and where they agree in several languages, they shew the - common sense of mankind as to the meaning of the word. In - French _Batture_ is derived from _Battre_, to beat, being - the margin on which the surges beat. In English _Beach_, is - from the Anglo-Saxon verb Beo[~c]ian, Bea[~c]ian, beatian, - to beat: pronounced beachian, as christian, fustian, - question, are pronounced chrischian, fuschian, queschion, - &c. - - In Spanish _Playa_, } - Italian _Piaggia_, } are from πλαγὰ, πληγεὶς. - French _Plage_, } - _Platin_ from πλήττειν, percuture. Perhaps from - _Plat_, F. flat. - Greek, αἰγειαλὸς, ἀκτὴ, from ἄγειν, agere. - θὶν, θινὸς, à θείνω, ferio, quia littus fluctibus - feritur. Clav. Homer. A. 34. - Ῥηγμὶν, à ῥήσσω, frango, quia in litore fluctus - frangitur. Ib. v. 437. - - [98] Rigor, à rectitudine dieitur, et est cursus aquæ rectum - profluentis tenorem significans. Sic vigor stillicidii - rectus ejus fluxus est. Calvini Lexicon juridicum, _rigor_. - I have therefore translated it 'direction.' - - [99] Justum incrementum [Nili] est eubitorum XVI; in XII. - eubitis famem sentit: in XIII etiamnum esurit: XIV eubita - hilaritatem afferunt: XV securitatem: XVI delicias: maximum - incrementum, ad hoc ævi, fuit eubitorum XVIII. eum stetêre - aquæ, apertis molibus admittuntur. Plin. hist. nat. 5. 9. - - [100] This part of our subject merits fuller development. - That the periodical overflowings of some rivers do not - differ from the accidental overflowings of others, in - any circumstance which should affect the law of the high - water line, in the one more than in the other, will be - rendered more evident by taking a comparative view of them. - To begin with ordinary rivers. 1. These have along their - greater part, and some of them through their whole course, - natural banks adequate to the confinement of their waters, - in the high water season, except in cases of accidental - inundation. Here, then, the Roman authorities tell us the - inundation does not change the bank, nor the landmark on - it. 2. Along other parts, where the natural bank was not - high enough to contain the river in its season of steady - high water, the hand of man has raised an artificial bank - on the natural one, which effects this purpose, with the - exception, as before, of accidental inundations, where such - happen. This artificial bank performs all the functions - of the natural, and is placed under the same law. 3. - In other parts of them, the natural banks are still not - high enough to contain the high tides, nor have they yet - been made so by the hand of man. Here then the law cannot - operate, because the local peculiarities, as yet, exclude - the case from its provisions. The ground so covered by - inundation, has been, or may yet be, public property. But - the legislator, instead of holding it as the bed of the - river, grants it to individuals as far as to the natural - or incipient bank, that they, by completing the bank, may - reclaim the land, for their own and the public benefit, - and, this done, the law comes into action on it. Much of - this reclaimed, and unreclaimed land exists in all these - states. - - I proceed next to rivers of particular character. Of which - among those analogous to the Missisipi, the Nile is best - known to us, and shall be described. That river entering - Upper Egypt at its Cataracts, flows through a valley of - 20 or 30 miles wide, and of 450 miles in length, bounded - on both sides by a continued ridge of mountains. Through - most of this course, its natural banks are sufficient to - contain its waters in time of flood, till they rise to that - height, at which, by their law, they are to be drawn off. - In low parts, where the natural banks are not sufficient, - they have been raised by hand to the necessary height. In - addition also to the natural _bayous_, like those of the - Missisipi, they have opened numerous canals, leading off - at right angles from the river towards the mountains, and - sufficient to draw off the greatest part of the current - passing down the river. These, in ordinary times, are - closed by artificial banks raised to the level of the - natural ones. When the flood is at a height sufficient - for irrigating and fertilizing the fields, which by the - Nilometer is at 16 cubits above the bed of the river, - these artificial banks are cut, and the waters let in. The - plain declining gently from the banks of the river, (which, - like those of the Missisipi, are the highest ground,) - towards the mountains, the waters are there stopped, as - by a dam, and continue to rise, and diffuse themselves - till they reflow nearly to the bank of the river. If - the rise ceases there, the waters remain stagnant, and - deposit a fertilizing mud, over the whole surface. But if - uncommon rains above occasion a continuance of the rise - till all the waters meet over the summits of the banks, - then the motion of that in the river is communicated to - the stagnant water on the plains, a general current takes - place, and instead of a depositum left, the former soil - is swept away to the ocean, and famine ensues that year. - This, the traveller Bruce informs us, had happened three - times within the 30 years preceding his being in that - country. When the waters have withdrawn, and the river is - returned into its natural bed, the banks are repaired in - readiness to restrain the floods of the ensuing year. Such - is the case in Upper Egypt. When the river enters Lower - Egypt, it parts into two principal branches, the Pelusian - and Canopic, which diverge and reach the Mediterranean at - about 200 miles apart, including between them the triangle - called the Delta. Besides these, there are, within the - Delta, three natural _Bayous_, and two canals, dry at low - water, which make up the famed seven mouths of the Nile. - The mountains diverge so as do the main branches of the - river, the eastern going off to the isthmus of Suez, and - the Western to the sea near Alexandria. The waters lessened - by depletion, and spreading over a widening plain are - reduced, by the time they reach the base of the triangle - at the sea, to one or two cubits depth. Banks, therefore, - of 3 to 4 feet high, are sufficient to protect the country - until here also they open the _bayous_ and canals which - intersect the triangle. Here then the case recurs of a - river whose natural banks are partly competent to contain - its high waters in common floods, and are partly made so - by the hand of man; so as to furnish an ordinary high - water line. In extraordinary floods it overflows these - banks, and in ordinary ones is let through them. Yet these - inundations as the Digest declares, do not change the - banks. 'Nemo dixit Nilum ripas suas mutare,' &c. But when - the river retires within its natural bed, the banks are - again repaired: 'cum ad perpetuam sui mensuram redierit, - ripæ alvei ejus muniendæ sunt,' ib. [See 2. Herodot. 6-19. - Strabo 788. 1 Univ. Hist. 391-413. 1 Maillet Description - de l'Egypte 14-121. 1 De la Croix 338. Encyclop. Meth. - Geographie. Nil. 1 Savary 3-14. 2 Savary 185-275. 1 Volney - 34-18. 4 Bruce 364-407. - - [101] Squatters or Intruders on the public or Indian lands were - repeatedly removed by the state of Virginia, before its - cession to Congress, by the old Congress, (see Journ. 15 - June 1785,) by the present government at various times, - and, as is believed, by other individual states on the - ground of natural right only. _MS. Note._ - - - - -INDEX TO VOL. VIII. - - - ALBINOS--Description of, 318. - - AMERICA--Whether animals and man degenerate in, 312. - - ARMY--We should not maintain a standing army, 11. - - - BARBARY STATES--Our relations with, 8, 30, 31, 33, 35, 51, 65, 96, - 97. - War with Tripoli, 7, 17. - Peace with, restored, 50. - Case of Hamet Caramalli ex-Bashaw of Tripoli, 54. - Difficulties with Tunis, 61. - - BERLIN AND MILAN DECREES--Character of, 100. - - BURR, AARON--His conspiracy, 71, 78, 87. - - - CARRYING TRADE--Condition of, 16. - - CENSUS OF 1800, 8. - - CHESAPEAKE, THE--Case of, 83, 102, 106, 120. - - CLASSICS--Study of, should not be neglected, 389. - - - DEBT, PUBLIC--Reduction of, 19, 26, 39, 52, 67, 109. - - DELUGE--Reasons against a general Deluge, 275. - - - ENGLAND--Negotiations with, 70. - - EMBARGO--Preferable to war--127, 134, 135, 140, 141, 143, 144, - 163, 164, 165, 169, 170. - - - FEVER, YELLOW--Its ravages, 46. - - FINANCES--Prosperous condition of, 18, 26. - - FOREIGN RELATIONS--40, 47, 62, 85, 102, 106. - - FRANKLIN, BENJAMIN--Anecdotes of, 497. - - - GOVERNMENT--Principles of, as set forth in Jefferson's Inaugural - Address, 1. - Is progressive, 42. - Benefits of Republican, 148. - - GUN-BOATS--The use of, recommended, 79. - - - HENRICK, THE--Case of, 22. - - - IMPRESSMENT--Our remonstrances against, 58. - - IMPROVEMENT, INTERNAL--The Cumberland road, 78, 97. - - INDIANS--Their improvement, 7, 51, 118, 185, 191, 210, 214, 219, - 226, 229. - Our Indian relations--17, 21, 25, 31, 37, 42, 66, 85, 106, 172, - 184, 186. - Acquisitions of Territory from, 25, 52, 93, 94, 108, 190, 192, - 199, 206, 219, 237, 239. - Relations with, during revolutionary war, 172, 177. - Our policy towards, 186, 188, 192, 193, 196, 201, 203, 207, 211, - 217, 241. - Prohibition of sale of spirituous liquors to, 187, 191, 233. - Commerce with, 196. - Warned against uniting with English in war of 1812, 212, 215, - 217, 233, 236. - Virginia Indians, 336. - Burial places of, 341. - Language of, 345. - Origin of, 344. - Catalogue of tribes of, 346. - Logan's speech, 308. - The character of the races of, 304. - The capacity of, 305. - Efforts to preserve peace between, 221, 223, 228, 236. - Removal of, West, 231. - Government of, 435. - Tribes of sea board, 434, 437. - - - JEFFERSON, THOMAS--Declines being a candidate a third time, 121, - 123, 126. - - JUDICIARY--Re-organization of, 13. - - - KOSCIUSKO, GEN.--Biographical sketch of, 480. - - - LEWIS, MERIWETHER--Biographical sketch of, 480. - - LEWIS AND CLARKE--Their expedition, 59, 66. - - LOGAN'S SPEECH--Account of, 308. - - LOOMING--The phenomenon of, 327. - - LOUISIANA--The acquisition of, 23, 29. - Organization of government of, 36. - Reduction of, into possession, 32. - Benefits of acquisition, 41. - - - MAMMOTH, THE--An account of, 286. - - MANUFACTURES--Rise of, during Embargo, 109. - - MASSACHUSETTS--Extension of Republican principles in, 116. - - MILITIA--Organization of, 49, 108. - - - NATURALIZATION--Revision of laws of, 14. - - NAVY--Necessity of a small navy, 12, 20. - - NEGROES--Races of, compared with the whites, 381, 384. - - NEUTRALITY--Our true policy, 28. - Violations of our neutral territory, 47, 57. - Right of neutrals to trade with Belligerents, 57. - Berlin and Milan decrees inconsistent with, 100, 103. - Violations of our Neutrality, 103, 128, 129, 130, 132, 149, 151. - - - OFFICES--Principles on which distributed, 114. - - ORLEANS, NEW--Title to the Batture at, 99. - - - PRESS, THE--The licentiousness of, how far to be tolerated, 43. - - - RANDOLPH, PEYTON--Biographical sketch of, 477. - - RELIGION--Should be free, 113, 137, 138. - - RETRENCHMENT--Necessity of, 9. - - REVENUE, SURPLUS--How should be disposed of, 68. - - - SLAVERY--Roman and American slavery compared, 384. - Its effects on manners, 403. - Its evils, 404. - - SLAVES--Emancipation of, 380. - Compared with whites, 381. - - SLAVE TRADE--Suppression of, 67, 334. - - SPAIN--Relations with, 34, 38, 85. - Difficulties with, 48, 60, 62. - - - TAXATION--Direct taxes should be abolished, 9, 40. - - - UNITED STATES--Treasonable combinations against, 90, 95. - - - VIRGINIA--Boundaries of, 249. - - VIRGINIA--Rivers of, 250. - Mountains of, 263. - Their height, 265. - Scenery at Harper's Ferry, 264, 429. - Cascades and caverns of, 266. - Natural bridge, 269. - Mines, minerals, trees, and plants, 270. - Mineral Springs of, 279. - Mammoth of, 286. - Whether animals degenerate in America, 290, 297, 300, 431, 432. - Whether man degenerates in America, 303, 313. - The fish of, 319. - Climate of, 320. - Winds of, 323. - Changes in climate, 327. - Population of, 328. - Immigration not desirable, 330. - Militia and regular troops of, 334. - Marine of, 336. - Indians in, 336, 434. - Logan's Speech, 309, 457. - Indian burial places, 341, 440. - Counties, cities, townships, and villages of, 350. - Charters of, 352. - Oppressions of George III, 358. - First constitution of, 359. - Convention of 1776, not authorized to make a constitution, 363. - Proposition to appoint a dictator, 368. - Judicial system of, 372. - The laws of, 374. - Land laws, 378. - Negro slavery in, 380. - Bill proportioning crimes and punishments, 387. - School System of, 386. - Colleges, public establishments, roads &c., 391. - Public buildings of, 394. - Architecture of, 394, - Dwelling houses of, 395. - Property of Tories and English, how far respected during - revolution, 397. - Religious sects of, 398. - Heresy punished, 399. - Free inquiry, 400. - Religious tolerance, 401. - Manners, customs, &c., of Virginians, 403. - Commerce and manufactures of, 404. - Exports and Imports of, 406. - Wheat and tobacco culture compared, 407. - Horses of, 408. - Copy of a constitution for, submitted in 1783, 409. - Weights, coins, and measures of, 409. - Public income and expenses, 410. - Means of defence, 413. - Histories of, 415. - - - WAR--Preparations for, 86. - Defensive works, 111. - Our only alternative, 151, 152, 153, 154, 155, 156, 157, 158, - 159, 160, 161, 162. - - WESTERN COUNTRY--Exploration of, 66. - - WEST POINT ACADEMY--Its enlargement proposed, 101. - - WILLIAM AND MARY COLLEGE--History of, 391. - - - - - -End of the Project Gutenberg EBook of The Writings of Thomas Jefferson Vol. -VIII. (of 9), by Thomas Jefferson - -*** END OF THIS PROJECT GUTENBERG EBOOK WRITINGS OF THOMAS JEFFERSON, VOL 8 *** - -***** This file should be named 56313-0.txt or 56313-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/6/3/1/56313/ - -Produced by David Edwards, Melissa McDaniel, and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive) - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law 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. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. Project Gutenberg is a registered trademark, -and may not be used if you charge for the eBooks, unless you receive -specific permission. If you do not charge anything for copies of this -eBook, complying with the rules is very easy. You may use this eBook -for nearly any purpose such as creation of derivative works, reports, -performances and research. They may be modified and printed and given -away--you may do practically ANYTHING in the United States with eBooks -not protected by U.S. copyright law. Redistribution is subject to the -trademark license, especially commercial redistribution. - -START: FULL LICENSE - -THE FULL PROJECT GUTENBERG LICENSE -PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK - -To protect the Project Gutenberg-tm mission of promoting the free -distribution of electronic works, by using or distributing this work -(or any other work associated in any way with the phrase "Project -Gutenberg"), you agree to comply with all the terms of the Full -Project Gutenberg-tm License available with this file or online at -www.gutenberg.org/license. - -Section 1. General Terms of Use and Redistributing Project -Gutenberg-tm electronic works - -1.A. By reading or using any part of this Project Gutenberg-tm -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all -the terms of this agreement, you must cease using and return or -destroy all copies of Project Gutenberg-tm electronic works in your -possession. If you paid a fee for obtaining a copy of or access to a -Project Gutenberg-tm electronic work and you do not agree to be bound -by the terms of this agreement, you may obtain a refund from the -person or entity to whom you paid the fee as set forth in paragraph -1.E.8. - -1.B. "Project Gutenberg" is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few -things that you can do with most Project Gutenberg-tm electronic works -even without complying with the full terms of this agreement. See -paragraph 1.C below. There are a lot of things you can do with Project -Gutenberg-tm electronic works if you follow the terms of this -agreement and help preserve free future access to Project Gutenberg-tm -electronic works. See paragraph 1.E below. - -1.C. The Project Gutenberg Literary Archive Foundation ("the -Foundation" or PGLAF), owns a compilation copyright in the collection -of Project Gutenberg-tm electronic works. Nearly all the individual -works in the collection are in the public domain in the United -States. If an individual work is unprotected by copyright law in the -United States and you are located in the United States, we do not -claim a right to prevent you from copying, distributing, performing, -displaying or creating derivative works based on the work as long as -all references to Project Gutenberg are removed. Of course, we hope -that you will support the Project Gutenberg-tm mission of promoting -free access to electronic works by freely sharing Project Gutenberg-tm -works in compliance with the terms of this agreement for keeping the -Project Gutenberg-tm name associated with the work. You can easily -comply with the terms of this agreement by keeping this work in the -same format with its attached full Project Gutenberg-tm License when -you share it without charge with others. - -1.D. The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are -in a constant state of change. If you are outside the United States, -check the laws of your country in addition to the terms of this -agreement before downloading, copying, displaying, performing, -distributing or creating derivative works based on this work or any -other Project Gutenberg-tm work. The Foundation makes no -representations concerning the copyright status of any work in any -country outside the United States. - -1.E. Unless you have removed all references to Project Gutenberg: - -1.E.1. The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg-tm License must appear -prominently whenever any copy of a Project Gutenberg-tm work (any work -on which the phrase "Project Gutenberg" appears, or with which the -phrase "Project Gutenberg" is associated) is accessed, displayed, -performed, viewed, copied or distributed: - - This eBook is for the use of anyone anywhere in the United States and - most other parts of the world 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. If you are not located in the - United States, you'll have to check the laws of the country where you - are located before using this ebook. - -1.E.2. If an individual Project Gutenberg-tm electronic work is -derived from texts not protected by U.S. copyright law (does not -contain a notice indicating that it is posted with permission of the -copyright holder), the work can be copied and distributed to anyone in -the United States without paying any fees or charges. If you are -redistributing or providing access to a work with the phrase "Project -Gutenberg" associated with or appearing on the work, you must comply -either with the requirements of paragraphs 1.E.1 through 1.E.7 or -obtain permission for the use of the work and the Project Gutenberg-tm -trademark as set forth in paragraphs 1.E.8 or 1.E.9. - -1.E.3. If an individual Project Gutenberg-tm electronic work is posted -with the permission of the copyright holder, your use and distribution -must comply with both paragraphs 1.E.1 through 1.E.7 and any -additional terms imposed by the copyright holder. Additional terms -will be linked to the Project Gutenberg-tm License for all works -posted with the permission of the copyright holder found at the -beginning of this work. - -1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm -License terms from this work, or any files containing a part of this -work or any other work associated with Project Gutenberg-tm. - -1.E.5. Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg-tm License. - -1.E.6. You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including -any word processing or hypertext form. However, if you provide access -to or distribute copies of a Project Gutenberg-tm work in a format -other than "Plain Vanilla ASCII" or other format used in the official -version posted on the official Project Gutenberg-tm web site -(www.gutenberg.org), you must, at no additional cost, fee or expense -to the user, provide a copy, a means of exporting a copy, or a means -of obtaining a copy upon request, of the work in its original "Plain -Vanilla ASCII" or other form. Any alternate format must include the -full Project Gutenberg-tm License as specified in paragraph 1.E.1. - -1.E.7. Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg-tm works -unless you comply with paragraph 1.E.8 or 1.E.9. - -1.E.8. You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg-tm electronic works -provided that - -* You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg-tm works calculated using the method - you already use to calculate your applicable taxes. The fee is owed - to the owner of the Project Gutenberg-tm trademark, but he has - agreed to donate royalties under this paragraph to the Project - Gutenberg Literary Archive Foundation. Royalty payments must be paid - within 60 days following each date on which you prepare (or are - legally required to prepare) your periodic tax returns. Royalty - payments should be clearly marked as such and sent to the Project - Gutenberg Literary Archive Foundation at the address specified in - Section 4, "Information about donations to the Project Gutenberg - Literary Archive Foundation." - -* You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg-tm - License. You must require such a user to return or destroy all - copies of the works possessed in a physical medium and discontinue - all use of and all access to other copies of Project Gutenberg-tm - works. - -* You provide, in accordance with paragraph 1.F.3, a full refund of - any money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days of - receipt of the work. - -* You comply with all other terms of this agreement for free - distribution of Project Gutenberg-tm works. - -1.E.9. If you wish to charge a fee or distribute a Project -Gutenberg-tm electronic work or group of works on different terms than -are set forth in this agreement, you must obtain permission in writing -from both the Project Gutenberg Literary Archive Foundation and The -Project Gutenberg Trademark LLC, the owner of the Project Gutenberg-tm -trademark. Contact the Foundation as set forth in Section 3 below. - -1.F. - -1.F.1. Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -works not protected by U.S. copyright law in creating the Project -Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm -electronic works, and the medium on which they may be stored, may -contain "Defects," such as, but not limited to, incomplete, inaccurate -or corrupt data, transcription errors, a copyright or other -intellectual property infringement, a defective or damaged disk or -other medium, a computer virus, or computer codes that damage or -cannot be read by your equipment. - -1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right -of Replacement or Refund" described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg-tm trademark, and any other party distributing a Project -Gutenberg-tm electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal -fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT -LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE -PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE -TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE -LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR -INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH -DAMAGE. - -1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium -with your written explanation. The person or entity that provided you -with the defective work may elect to provide a replacement copy in -lieu of a refund. If you received the work electronically, the person -or entity providing it to you may choose to give you a second -opportunity to receive the work electronically in lieu of a refund. If -the second copy is also defective, you may demand a refund in writing -without further opportunities to fix the problem. - -1.F.4. Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO -OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT -LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. - -1.F.5. Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of -damages. If any disclaimer or limitation set forth in this agreement -violates the law of the state applicable to this agreement, the -agreement shall be interpreted to make the maximum disclaimer or -limitation permitted by the applicable state law. The invalidity or -unenforceability of any provision of this agreement shall not void the -remaining provisions. - -1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg-tm electronic works in -accordance with this agreement, and any volunteers associated with the -production, promotion and distribution of Project Gutenberg-tm -electronic works, harmless from all liability, costs and expenses, -including legal fees, that arise directly or indirectly from any of -the following which you do or cause to occur: (a) distribution of this -or any Project Gutenberg-tm work, (b) alteration, modification, or -additions or deletions to any Project Gutenberg-tm work, and (c) any -Defect you cause. - -Section 2. Information about the Mission of Project Gutenberg-tm - -Project Gutenberg-tm is synonymous with the free distribution of -electronic works in formats readable by the widest variety of -computers including obsolete, old, middle-aged and new computers. It -exists because of the efforts of hundreds of volunteers and donations -from people in all walks of life. - -Volunteers and financial support to provide volunteers with the -assistance they need are critical to reaching Project Gutenberg-tm's -goals and ensuring that the Project Gutenberg-tm collection will -remain freely available for generations to come. In 2001, the Project -Gutenberg Literary Archive Foundation was created to provide a secure -and permanent future for Project Gutenberg-tm and future -generations. To learn more about the Project Gutenberg Literary -Archive Foundation and how your efforts and donations can help, see -Sections 3 and 4 and the Foundation information page at -www.gutenberg.org - - - -Section 3. Information about the Project Gutenberg Literary Archive Foundation - -The Project Gutenberg Literary Archive Foundation is a non profit -501(c)(3) educational corporation organized under the laws of the -state of Mississippi and granted tax exempt status by the Internal -Revenue Service. The Foundation's EIN or federal tax identification -number is 64-6221541. Contributions to the Project Gutenberg Literary -Archive Foundation are tax deductible to the full extent permitted by -U.S. federal laws and your state's laws. - -The Foundation's principal office is in Fairbanks, Alaska, with the -mailing address: PO Box 750175, Fairbanks, AK 99775, but its -volunteers and employees are scattered throughout numerous -locations. Its business office is located at 809 North 1500 West, Salt -Lake City, UT 84116, (801) 596-1887. Email contact links and up to -date contact information can be found at the Foundation's web site and -official page at www.gutenberg.org/contact - -For additional contact information: - - Dr. Gregory B. Newby - Chief Executive and Director - gbnewby@pglaf.org - -Section 4. Information about Donations to the Project Gutenberg -Literary Archive Foundation - -Project Gutenberg-tm depends upon and cannot survive without wide -spread public support and donations to carry out its mission of -increasing the number of public domain and licensed works that can be -freely distributed in machine readable form accessible by the widest -array of equipment including outdated equipment. Many small donations -($1 to $5,000) are particularly important to maintaining tax exempt -status with the IRS. - -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations -where we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular -state visit www.gutenberg.org/donate - -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. - -International donations are gratefully accepted, but we cannot make -any statements concerning tax treatment of donations received from -outside the United States. U.S. laws alone swamp our small staff. - -Please check the Project Gutenberg Web pages for current donation -methods and addresses. Donations are accepted in a number of other -ways including checks, online payments and credit card donations. To -donate, please visit: www.gutenberg.org/donate - -Section 5. General Information About Project Gutenberg-tm electronic works. - -Professor Michael S. Hart was the originator of the Project -Gutenberg-tm concept of a library of electronic works that could be -freely shared with anyone. For forty years, he produced and -distributed Project Gutenberg-tm eBooks with only a loose network of -volunteer support. - -Project Gutenberg-tm eBooks are often created from several printed -editions, all of which are confirmed as not protected by copyright in -the U.S. unless a copyright notice is included. Thus, we do not -necessarily keep eBooks in compliance with any particular paper -edition. - -Most people start at our Web site which has the main PG search -facility: www.gutenberg.org - -This Web site includes information about Project Gutenberg-tm, -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. - |