The Writings of Thomas Jefferson, Vol. 4 (of 9)

I enclose you a part of a speech of Mr. Gallatin on the naval bill. The views he takes of our finances, and of the policy of our undertaking to establish a great navy, may furnish some hints. I am told something on the same subject from Mr. J. Nicholas will appear in the Richmond and Fredericksburg papers. I mention the real author, that you may respect it duly, for I presume it will be anonymous. The residue of Gallatin's speech shall follow when published. A recent fact, proving the anxiety of France for a reconciliation with us, is the following. You know that one of the armed vessels which we took from her was refitted by us, sent to cruise against her, recaptured, and carried into Guadaloupe under the name of the Retaliation. On the arrival there of Desfourneaux, the new commissioner, he sent Victor Hughes home in irons; called up our captain; told him that he found he had a regular commission as an officer of the United States; that his vessel was then lying in the harbor; that he should inquire into no fact preceding his own arrival (by this he avoided noticing that the vessel was really French property) and that therefore, himself and crew were free to depart with their vessel; that as to the differences between France and the United States, commissioners were coming out to settle them, and in the meantime, no injury should be done on their part. The captain insisted on being a prisoner; the other disclaimed; and so he arrived here with vessel and crew the day before yesterday. Within an hour after this was known to the Senate, they passed a retaliation bill, of which I enclose you a copy. This was the more remarkable, as the bill was founded expressly on the Arret of October the 29th, which had been communicated by the President as soon as received, and he remarked, "that it could not be too soon communicated to the two Houses and the public." Yet he almost in the same instant received, through the same channel, Mr. King's information that that Arret was suspended, and though he knew we were making it the foundation of a retaliation bill, he has never yet communicated it. But the Senate knew the fact informally from the Secretary of State, and knowing it, passed the bill.

The President has appointed, and the Senate approved Rufus King, to enter into a treaty of commerce with the Russians, at London, and William Smith, (Phocion) Envoy Extraordinary and Minister Plenipotentiary, to go to Constantinople to make one with the Turks. So that as soon as there is a coalition of Turks, Russians and English, against France, we seize that moment to countenance it as openly as we dare, by treaties, which we never had with them before. All this helps to fill up the measure of provocation towards France, and to get from them a declaration of war, which we are afraid to be the first in making. It is certain the French have behaved atrociously towards neutral nations, and us particularly; and though we might be disposed not to charge them with all the enormities committed in their name in the West Indies, yet they are to be blamed for not doing more to prevent them. A just and rational censure ought to be expressed on them, while we disapprove the constant billingsgate poured on them officially. It is at the same time true, that their enemies set the first example of violating neutral rights, and continue it to this day; insomuch, that it is declared on all hands, and particularly by the insurance companies and denied by none, that the British spoliations have considerably exceeded the French during the last six months. Yet not a word of these things is said officially to the Legislature.

Still further, to give the devil his due, (the French) it should be observed that it has been said without contradiction, and the people made to believe, that their refusal to receive our Envoys was contrary to the law of nations, and a sufficient cause of war; whereas, every one who ever read a book on the law of nations knows, that it is an unquestionable right in every power to refuse to receive any minister who is personally disagreeable. Martens, the latest and a very respected writer, has laid this down so clearly and shortly in his "summary of the law of nations," B. 7. ch. 2. sec. 9, that I will transcribe the passage verbatim. "Section 9. Of choice in the person of the minister. The choice of the person to be sent as minister depends of right on the sovereign who sends him, leaving the right, however, of him to whom he is sent, of refusing to acknowledge any one, to whom he has a personal dislike, or who is inadmissible by the laws and usages of the country." And he adds notes proving by instances, &c. This is the whole section.

Notwithstanding all these appearances of peace from France, we are, besides our existing army of five thousand men, and an additional army of nine thousand (now officered and levying), passing a bill for an eventual army of thirty regiments (thirty thousand) and for regimenting, brigading, officering and exercising at the public expense our volunteer army, the amount of which we know not. I enclose you a copy of the bill, which has been twice read and committed in Senate. To meet this expense, and that of the six seventy-four's and six eighteen's, part of the proposed fleet, we have opened a loan of five millions at eight per cent., and authorize another of two millions; and at the same time, every man voting for these measures acknowledges there is no probability of an invasion by France. While speaking of the restoration of our vessel, I omitted to add, that it is said that our government contemplate restoring the Frenchmen taken originally in the same vessel, and kept at Lancaster as prisoners. This has furnished the idea of calling her a cartel vessel, and pretending that she came as such for an exchange of prisoners, which is false. She was delivered free and without condition, but it does not suit to let any new evidence appear of the desire of conciliation in France.

I believe it is now certain that the commissioners on the British debts can proceed together no longer. I am told that our two have prepared a long report, which will perhaps be made public. The result will be, that we must recur again to negotiation, to settle the principles of the British claims. You know that Congress rises on the 3d of March, and that if you have acceded to my prayers, I should hear from you at least a week before our rising. Accept my affectionate salutations, and assurances of the sincere esteem with which I am, dear Sir, your friend and servant.

TO JAMES MADISON

Philadelphia, February 19, 1799.

Dear Sir,—I wrote you last on the 11th; yesterday the bill for the eventual army of thirty regiments (thirty thousand) and seventy-five thousand volunteers, passed the Senate. By an amendment, the President was authorized to use the volunteers for every purpose for which he can use militia, so that the militia are rendered completely useless. The friends of the bill acknowledged that the volunteers are a militia, and agreed that they might properly be called the "Presidential militia." They are not to go out of their State without their own consent. Consequently, all service out of the State is thrown on the constitutional militia, the Presidential militia being exempted from doing duty with them. Leblane, an agent from Desfourneaux of Guadaloupe, came in the Retaliation. You will see in the papers Desfourneaux's letter to the President, which will correct some immaterial circumstances of the statement in my last. You will see the truth of the main fact, that the vessel and crew were liberated without condition. Notwithstanding this, they have obliged Leblane to receive the French prisoners, and to admit, in the papers, the terms, "in exchange for prisoners taken from us," he denying at the same time that they consider them as prisoners, or had any idea of exchange. The object of his mission was not at all relative to that; but they choose to keep up the idea of a cartel, to prevent the transaction from being used as evidence of the sincerity of the French government towards a reconciliation. He came to assure us of a discontinuance of all irregularities in French privateers from Guadaloupe. He has been received very cavalierly. In the meantime, a consul general is named to St. Domingo; who may be considered as our minister to Toussaint.

But the event of events was announced to the Senate yesterday. It is this: it seems that soon after Gerry's departure, overtures must have been made by Pichon, French charge d'affaires at the Hague, to Murray. They were so soon matured, that on the 28th of September, 1798, Talleyrand writes to Pichon, approving what had been done, and particularly of his having assured Murray that whatever Plenipotentiary the government of the United States should send to France to end our differences would undoubtedly be received with the respect due to the representative of a free, independent and powerful nation; declaring that the President's instructions to his Envoys at Paris, if they contain the whole of the American government's intentions, announce dispositions which have been always entertained by the Directory; and desiring him to communicate these expressions to Murray, in order to convince him of the sincerity of the French government, and to prevail on him to transmit them to his government. This is dated September the 28th, and may have been received by Pichon October the 1st; and nearly five months elapse before it is communicated. Yesterday, the President nominated to the Senate William Vans Murray Minister Plenipotentiary to the French republic, and added, that he shall be instructed not to go to France, without direct and unequivocal assurances from the French government that he shall be received in character, enjoy the due privileges, and a minister of equal rank, title and power, be appointed to discuss and conclude our controversy by a new treaty. This had evidently been kept secret from the federalists of both Houses, as appeared by their dismay. The Senate have passed over this day without taking it up. It is said they are graveled and divided; some are for opposing, others do not know what to do. But in the meantime, they have been permitted to go on with all the measures of war and patronage, and when the close of the session is at hand it is made known. However, it silences all arguments against the sincerity of France, and renders desperate every further effort towards war. I enclose you a paper with more particulars. Be so good as to keep it till you see me, and then return it, as it is the copy of one I sent to another person, and is the only copy I have. Since I began my letter I have received yours of February the 7th and 8th, with its enclosures; that referred to my discretion is precious, and shall be used accordingly.

Affectionate salutations to Mrs. Madison and yourself, and adieu.

TO E. PENDLETON

Philadelphia, February 19, 1799.

Dear Sir,—Since my last, which was of the 14th, a Monsieur Leblane, agent from Desfourneaux, has come to town. He came in the Retaliation, and a letter of Desfourneaux, of which he was the bearer, now enclosed, will correct some circumstances in my statement relative to that vessel which were not very material. It shows, at the same time, that she was liberated without condition; still it is said (but I have no particular authority for it) that he has been obliged to receive French prisoners here, and to admit in the paper that the terms in exchange for prisoners taken from us, should be used, he declaring, at the same time, that they had never considered ours as prisoners, nor had an idea of exchange. The object of his mission was to assure the government against any future irregularities by privateers from Guadaloupe, and to open a friendly intercourse. He has been treated very cavalierly. I enclose you the President's message to the House of Representatives relative to the suspension of the Arret, on which our retaliation bill is founded.

A great event was presented yesterday. The President communicated a letter from Talleyrand to Pichon, French chargé des affaires at the Hague, approving of some overtures which had passed between him and Mr. Murray, and particularly of his having undertaken to assure Murray that whatever Plenipotentiary we might send to France to negotiate differences, should be received with the respect due to the representative of a free independent and powerful nation, and directing him to prevail on Murray to transmit these assurances to his government. In consequence of this, a nomination of Mr. Murray, minister Plenipotentiary to the French republic, was yesterday sent to the Senate. This renders their efforts for war desperate, and silences all further denials of the sincerity of the French government. I send you extracts from these proceedings for your more special information. I shall leave this the 2d day of March. Accept my affectionate salutations. Adieu.

P. S. I should have mentioned that a nomination is before the Senate of a consul general to St. Domingo. It is understood that he will present himself to Toussaint, and is, in fact, our minister to him.

(

This is upon the margin of this letter.)

The face they will put on this business is, that they have frightened France into a respectful treatment. Whereas, in truth, France has been sensible that her measures to prevent the scandalous spectacle of war between the two republics, from the known impossibility of our injuring her, would not be imputed to her as a humiliation.

TO GENERAL KOSCIUSKO

Philadelphia, February 21, 1799.

Dear Friend, * * * * *

On politics I must write sparingly, lest it should fall into the hands of persons who do not love either you or me. The wonderful irritation produced in the minds of our citizens by the X. Y. Z. story, has in a great measure subsided. They begin to suspect and to see it coolly in its true light. Mr. Gerry's communications, with other information, prove to them that France is sincere in her wishes for reconciliation; and a recent proposition from that country, through Mr. Murray, puts the matter out of doubt. What course the government will pursue, I know not. But if we are left in peace, I have no doubt the wonderful turn in the public opinion now manifestly taking place and rapidly increasing, will, in the course of this summer, become so universal and so weighty, that friendship abroad and freedom at home will be firmly established by the influence and constitutional powers of the people at large. If we are forced into war, we must give up political differences of opinion, and unite as one man to defend our country. But whether at the close of such a war, we should be as free as we are now, God knows. In fine, if war takes place, republicanism has everything to fear; if peace, be assured that your forebodings and my alarms will prove vain; and that the spirit of our citizens now rising as rapidly as it was then running crazy, and rising with a strength and majesty which show the loveliness of freedom, will make this government in practice, what it is in principle, a model for the protection of man in a state of freedom and order. May heaven have in store for your country a restoration of these blessings, and you be destined as the instrument it will use for that purpose. But if this be forbidden by fate, I hope we shall be able to preserve here an asylum where your love of liberty and disinterested patriotism will be forever protected and honored, and where you will find, in the hearts of the American people, a good portion of that esteem and affection which glow in the bosom of the friend who writes this; and who, with sincere prayers for your health, happiness and success, and cordial salutations, bids you, for this time, adieu.

TO CHANCELLOR LIVINGSTON

Philadelphia, February 23, 1799.

Dear Sir,—I have received with great pleasure your favor on the subject of the steam engine. Though deterred by the complexity of that hitherto known, from making myself minutely acquainted with it, yet I am sufficiently acquainted with it to be sensible of the superior simplicity of yours, and its superior economy. I particularly thank you for the permission to communicate it to the Philosophical Society; and though there will not be another session before I leave town, yet I have taken care, by putting it into the hands of one of the Vice Presidents to-day, to have it presented at the next meeting. I lament the not receiving it a fortnight sooner, that it might have been inserted in a volume now closed, and to be published in a few days, before it would be possible for this engraving to be ready. There is one object to which I have often wished a steam engine could be adopted. You know how desirable it is both in town and country to be able to have large reservoirs of water on the top of our houses, not only for use (by pipes) in the apartments, but as a resource against fire. This last is most especially a desideratum in the country. We might indeed have water carried from time to time in buckets to cisterns on the top of the house, but this is troublesome, and therefore we never do it,—consequently are without resource when a fire happens. Could any agent be employed which would be little or no additional expense or trouble except the first purchase, it would be done. Every family has such an agent, its kitchen fire. It is small indeed, but if its small but constant action could be accumulated so as to give a stroke from time to time which might throw ever so small a quantity of water from the bottom of a well to the top of the house (say one hundred feet), it would furnish more than would waste by evaporation, or be used by the family. I know nobody who must better know the value of such a machine than yourself, nor more equal to the invention of it, and especially with your familiarity with the subject. I have imagined that the iron back of the chimney might be a cistern for holding the water, which should supply steam and would be constantly kept in a boiling state by the ordinary fire. I wish the subject may appear as interesting to you as it does to me, it would then engage your attention, and we might hope this desideratum would be supplied.

A want of confidence in the post office deters me from writing to my friends on subject of politics. Indeed I am tired of writing Jeremiads on that subject. What person, who remembers the times and tempers we have seen, would have believed that within so short a period, not only the jealous spirit of liberty which shaped every operation of our revolution, but even the common principles of English whigism would be scouted, and the tory principle of passive obedience under the new-fangled names of confidence and responsibility, become entirely triumphant? That the tories, whom in mercy we did not crumble to dust and ashes, could so have entwined us in their scorpion tails, that we cannot now move hand or foot. But the spell is dissolving. The public mind is recovering from the delirium into which it had been thrown, and we may still believe with security that the great body of the American people must for ages yet be substantially republican. You have heard of the nomination of Mr. Murray. Not being in the secret of this juggle, I am not yet able to say how it is to be played off. Respectful and affectionate salutations from, dear Sir, your sincere friend and servant.

TO JAMES MADISON

Philadelphia, February 26, 1799.

Dear Sir,—My last to you was of the 19th; it acknowledged yours of the 8th. In mine, I informed you of the nomination of Murray. There is evidence that the letter of Talleyrand was known to one of the Secretaries, therefore probably to all; the nomination, however, is declared by one of them to have been kept secret from them all. He added, that he was glad of it, as, had they been consulted, the advice would have been against making the nomination. To the rest of the party, however, the whole was a secret till the nomination was announced. Never did a party show a stronger mortification, and consequently, that war had been their object. Dana declared in debate (as I have from those who were present,) that we had done everything which might provoke France to war; that we had given her insults which no nation ought to have borne; and yet she would not declare war. The conjecture as to the executive is, that they received Talleyrand's letter before or about the meeting of Congress; that not meaning to meet the overture effectually, they kept it secret, and let all the war measures go on; but that just before the separation of the Senate, the President, not thinking he could justify the concealing such an overture, nor indeed that it could be concealed, made a nomination, hoping that his friends in the Senate would take on their own shoulders the odium of rejecting it; but they did not choose it. The Hamiltonians would not, and the others could not, alone. The whole artillery of the phalanx, therefore, was played secretly on the President, and he was obliged himself to take a step which should parry the overture while it wears the face of acceding to it. (Mark that I state this as conjecture; but founded on workings and indications which have been under our eyes.) Yesterday, therefore, he sent in a nomination of Oliver Ellsworth, Patrick Henry and William Vans Murray, Envoys Extraordinary and Ministers Plenipotentiary to the French Republic, but declaring the two former should not leave this country till they should receive from the French Directory assurances that they should be received with the respect due by the law of nations to their character, &c. This, if not impossible, must at least keep off the day so hateful and so fatal to them, of reconciliation, and leave more time for new projects of provocation. Yesterday witnessed a scandalous scene in the House of Representatives. It was the day for taking up the report of their committee against the alien and sedition laws, &c. They held a caucus and determined that not a word should be spoken on their side, in answer to anything which should be said on the other. Gallatin took up the alien, and Nicholas the sedition law; but after a little while of common silence, they began to enter into loud conversations, laugh, cough, &c., so that for the last hour of these gentlemen's speaking, they must have had the lungs of a vendue master to have been heard. Livingston, however, attempted to speak. But after a few sentences, the Speaker called him to order, and told him what he was saying was not to the question. It was impossible to proceed. The question was taken and carried in favor of the report, fifty-two to forty-eight; the real strength of the two parties is fifty-six to fifty. But two of the latter have not attended this session. I send you the report of their committee. I still expect to leave this on the 1st, and be with you on the 7th of March. But it is possible I may not set out till the 4th, and then shall not be with you till the 10th. Affectionately adieu.

TO BISHOP MADISON

Philadelphia, February 27, 1799.

Dear Sir,—Your favor of February 10th came safely to hand. We were for a moment flattered with the hope of a friendly accommodation of our differences with France, by the President's nomination of Mr. Murray our Minister at the Hague to proceed to Paris for that purpose. But our hopes have been entirely dashed by his revoking that and naming Mr. Ellsworth, Mr. Patrick Henry and Murray; the two former not to embark from America till they shall receive assurances from the French Government, that they will be received with the respect due to their character by the law of nations; and this too after the French Government had already given assurances that whatever Minister the President should send should be received with the respect due to the representative of a great, free and independent nation. The effect of the new nomination is completely to parry the advances made by France towards a reconciliation. A great change is taking place in the public mind in these Middle States, and they are rapidly resuming the Republican ground which they had for a moment relinquished. The tables of Congress are loaded with petitions proving this. Thirteen of the twenty-two counties of this State have already petitioned against the proceedings of the late Congress. Many also from New York and New Jersey, and before the summer is over, these three States will be in unison with the Southern and Western. I take the liberty of putting under your cover a letter for a young gentleman known to you, and to whom I know not how otherwise to direct it. I am, with great esteem, dear Sir, your friend and servant.