The Writings of Thomas Jefferson, Vol. 5 (of 9)

TO J. MADISON

September 20, 1807.

I return all the papers received in yours of the 18th and 19th, except one soliciting office, Judge Woodward's letters, to be communicated to the Secretary of War. Should not Claiborne be instructed to say at once to Governor Folch, that as we never did prohibit any articles (except slaves) from being carried up the Mississippi to Baton Rouge, so we do not mean to prohibit them, and that we only ask a perfect and equal reciprocity to be observed on the rivers which pass through the territories of both nations. Must we not denounce to Congress the Spanish decree as well as the British regulation pretending to be the countervail of the French? One of our first consultations, on meeting, must be on the question whether we shall not order all the militia and volunteers destined for the Canadas to be embodied on the 26th of October, and to march immediately to such points on the way to their destination as shall be pointed out, there to await the decision of Congress? I approve of the letter to Erskine. In answering his last, should he not be reminded how strange it is he should consider as a hostility our refusing to receive but under a flag, persons from vessels remaining and acting in our waters in defiance of the authority of the country? The post-rider of the day before yesterday has behaved much amiss in not calling on you. When I found your mail in the valise and that they had not called on you, I replaced the mail in it and expressly directed him to return by you. Affectionate salutations.

TO MR. HAY

Monticello, September 20, 1807.

Dear Sir,—General Wilkinson has asked permission to make use, in the statement of Burr's affair which he is about to publish, of the documents placed in your hands by Mr. Rodney. To this, consent is freely given with one reservation. Some of these papers are expressed to be confidential. Others containing censures on particular individuals, are such as I always deem confidential, and therefore cannot communicate, but for regularly official purposes, without a breach of trust. I must therefore ask the exercise of your discretion in selecting all of this character, and of giving to the General the free use of the others. It will be necessary that the whole be returned to the Attorney General by the first week in the next month, as a selection will be made from them to make part of the whole evidence in the case, which I shall have printed and communicated to Congress. I salute you with great esteem and respect.

TO GENERAL WILKINSON

Monticello, September 20, 1807.

Dear Sir,—I received your favors of the 13th and 15th on my return to this place on the 17th, and such was the mass of business accumulated in my absence, that I have not till now been able to take up your letters. You are certainly free to make use of any of the papers we put into Mr. Hay's hands, with a single reservation: to wit, some of them are expressed to be confidential, and others are of that kind which I always consider as confidential, conveying censure on particular individuals, and therefore never communicate them beyond the immediate executive circle. I accordingly write to this effect to Mr. Hay. The scenes which have been acted at Richmond are such as have never before been exhibited in any country where all regard to public character has not yet been thrown off. They are equivalent to a proclamation of impunity to every traitorous combination which may be formed to destroy the Union; and they preserve a head for all such combinations as may be formed within, and a centre for all the intrigues and machinations which foreign governments may nourish to disturb us. However, they will produce an amendment to the Constitution which, keeping the judges independent of the Executive, will not leave them so, of the nation.

I shall leave this place on the 30th for Washington. It is with pleasure that I perceive from all the expressions of public sentiment, that the virulence of those whose treasons you have defeated only place you on higher ground in the opinion of the nation. I salute you with great esteem and respect.

TO MR. COXE

Monticello, September 21, 1807.

Sir,—I have read with great satisfaction your observations on the principles for equalizing the power of the different nations on the sea, and think them perfectly sound. Certainly it will be better to produce a balance on that element, by reducing the means of its great monopolizer, than by endeavoring to raise our own to an equality with theirs. I have ever wished that all nations would adopt a navigation law against those who have one, which perhaps would be better than against all indiscriminately, and while in France I proposed it there. Probably that country is now ripe for it. I see no reason why your paper should not be published, as it would have effect towards bringing the public mind to proper principles. I do not know whether you kept a copy; if you did not, I will return it. Otherwise I retain it for the perusal of my coadjutors, and perhaps to suggest the measure abroad. I salute you with great esteem and respect.

TO THE ATTORNEY GENERAL

Washington, October 8, 1807.

Dear Sir,– * * * * * The approaching convention of Congress would render your assistance here desirable. Besides the varieties of general matter we have to lay before them, on which we should be glad of your aid and counsel, there are two subjects of magnitude in which your agency will be peculiarly necessary. 1st. The selection and digestion of the documents respecting Burr's treason, which must be laid before Congress in two copies, (or perhaps printed, which would take ten days.) 2d. A statement of the conduct of Great Britain towards this country, so far as respects the violations of the Maritime Law of nations. Here it would be necessary to state each distinct principle violated, and to quote the cases of violation, and to conclude with a view of her vice-admiralty courts, their venality and rascality, in order to show that however for conveniences, (and not of right) the court of the captor is admitted to exercise the jurisdiction, yet that in so palpable an abuse of that trust, some remedy must be applied. Everything we see and hear leads in my opinion to war; we have therefore much to consult and determine on, preparatory to that event. I salute you with affectionate respect.

TO MR. PAINE

Washington, October 9, 1807.

Dear Sir,—Your second letter on the subject of gun-boats, came to hand just before my departure from Monticello. In the meantime, the inquiry into the proposition had been referred, agreeably to our usage, or to reason, to the practical persons of the department to which it belonged, deemed most skilful. On my arrival here, I found the answers of the persons to whom it was referred, the substance of which I now enclose you. I am not a judge of their solidity, but I presume they are founded, and the rather as they are from officers entirely favorable to the use of gun-boats.

We have as yet no knowledge of the arrival of the Revenge in England, but we may daily expect to hear of it; and as we expected she would be detained there and in France about a month, it will be a month hence before we can expect her back here. In the meantime, all the little circumstances coming to our knowledge are unfavorable to our wishes for peace. If they would but settle the question of impressment from our bottoms, I should be well contented to drop all attempts at a treaty. The other rights of neutral powers will be taken care of by Bonaparte and Alexander; and for commercial arrangements we can sufficiently provide by legislative regulations. But as the practice of impressment has taken place only against us, we shall be left to settle that for ourselves; and to do this we shall never again have so favorable a conjuncture of circumstances. Accept my friendly salutations and assurances of great esteem and respect.

TO HIS EXCELLENCY GOVERNOR CABELL

Washington, October 12, 1807.

Dear Sir,—I now return you several of Major Newton's letters, some of which have been kept awhile for consideration. It is determined that there shall be no relaxation in the conditions of the proclamations, or any change in the rules of intercourse by flag. If the British officers set the example of refusing to receive a flag, let ours then follow it by never sending or receiving another. The interval cannot now be long in which matters will remain at their present point. I salute you with great friendship and respect.

TO MR. GALLATIN

Washington, October 14, 1807

I think the proper instructions for Mr. Christie's revenue cutter may be drawn from those given to Captain Decatur. The authority of the proclamation is to be maintained, no supplies to be permitted to be carried to the British vessels, nor their vessels permitted to land. For these purposes force, and to any extent, is to be applied, if necessary, but not unless necessary, nor, considering how short a time the present state of things has to continue, would I recommend any extraordinary vigilance or great industry in seeking even just occasions for collision. It will suffice to do what is right when the occasion comes into their way. I cannot doubt the expediency of getting the instruments recommended by Mr. Patterson, and of the best kind, if they can be got in England, because I almost know they cannot be made in any other country equally good, and I should be quite averse to getting those which should not be perfect.

May we not at once appoint the republican candidate for the collectorship of Snow-hill? Affectionate salutations.

TO THE SECRETARY AT WAR

Washington, October 17, 1807.

Dear Sir,—I forwarded to Mr. Smith, Secretary of the Navy, an extract of so much of my letter to you of August 31st, as suggested the idea of artificial harbors for gun-boats, on the horse-shoe and middle grounds, with a view to his having their formation examined, to know if they would support works, and their distance ascertained, to know what would be their effect. The objects were, 1, to provide an asylum on the shoals for gun-boats against weather and ships of war, and 2, to prevent ships lying within the capes. I enclose you the opinion of Captain Porter, according to which, without thinking of attempting works so difficult and doubtful, both ends will be answered by a work at Lynhaven river, where the shoals are extensive enough to keep off ships of war, and the river sufficiently capacious to receive all the gun-boats. He thinks a work at Point Comfort might also be useful. I send you his draught, which, being merely an enlargement from More's map on a very minute scale, is not to be much depended on; and considering the extent of country that point is to defend, I recommend it to your consideration, as one of our important objects. Affectionate salutations.

TO GOVERNOR SULLIVAN

Washington, October 18, 1807.

Sir,—I have duly received your favor of the 8th inst., covering, at the request of the general court of Massachusetts, a memorial to the Senate and House of Representatives of the United States, on behalf of Benjamin Hichborn and others, with a desire that I would communicate and recommend the same to both Houses of Congress. I should avail myself with particular pleasure of every occasion of doing what would be acceptable to the legislative and executive authorities of Massachusetts, and which should be within the limits of my functions. The Executive of the Union is, indeed, by the Constitution, made the channel of communication between foreign powers and the United States. But citizens, whether individually, or in bodies corporate, or associated, have a right to apply directly to any department of their government, whether legislative, executive, or judiciary, the exercise of whose powers they have a right to claim; and neither of these can regularly offer its intervention in a case belonging to the other. The communication and recommendation by me to Congress of the memorial you have been pleased to enclose me, would be an innovation, not authorized by the practice of our government, and therefore the less likely to add to its weight or effect. Thus restrained from serving you in the exact way desired, I have thought I could not better do it than by a prompt return of the papers, that no time might be lost in transmitting them through the accustomary channels of your Senators and Representatives in Congress; and I avail myself of the occasion of assuring you of my very high respect and consideration.

TO DOCTOR BARTON

Washington, October 18, 1807.

Dear Sir,—I received last night a diploma from the Linnæan Society of Philadelphia, doing me the honor of associating me to their body. I pray you to do me the favor of assuring the society of my sensibility for this mark of their notice, and of my thanks. Sincerely associated with the friends of science, in spirit and inclination, I regret the constant occupations of a different kind, which put out of my power the proper co-operations with them, had I otherwise the talents for them. I shall gladly embrace any occasion which can be offered of being useful to the society, as a mark of my acknowledgments for their favors, with my thanks for the copy of your discourse, enclosed at the same time. I pray you to receive my friendly salutations, and assurances of great respect and esteem.

TO JAMES GAMBLE, ESQ

Washington, October 21, 1807.

Sir,—Your favor of the 17th has been duly received. I have long seen, and with very great regret, the schisms which have taken place among the republicans, and principally those of Pennsylvania and New York. As far as I have been able to judge, they have not been produced by any difference of political principle,—at least, any important difference, but by a difference of opinion as to persons. I determined from the first moment to take no part in them, and that the government should know nothing of any such differences. Accordingly, it has never been attended to in any appointment, or refusal of appointment. General Shee's personal merit, universally acknowledged, was the cause of his appointment as Indian Superintendent, and a subsequent discovery that his removal to this place (the indispensable residence of that officer), would be peculiarly unpleasant to him suggested his translation to another office, to solve the double difficulty. Rarely reading the controversial pieces between the different sections of republicans, I have not seen the piece in the Aurora, to which you allude; but I may with truth assure you, that no fact has come to my knowledge which has ever induced any doubt of your continued attachment to the true principles of republican government. I am thankful for the favorable sentiments you are so kind as to express towards me personally, and trust that an uniform pursuit of the principles and conduct which have procured, will continue to me an approbation, which I highly value.

I salute you with great esteem and respect.

TO GOVERNOR CABELL

Washington, October 25, 1807.

Sir,—Your letters of the 21st and 22d are received, and I now return Captain Read's of the 18th. We conclude it unnecessary to call for another corps of militia, to relieve that now in service at Lynhaven. General Dearborn will write, and give the necessary directions for discharging, paying, &c. I suspect the departure of the British armed vessels from our waters, is in consequence of orders from their government to respect the proclamation. If Congress should approve our ideas of defensive works for the several harbors of the United States, there will be a regular fort at the mouth of Lynhaven river, to protect such a number of gun-boats to be stationed there as will, in case of war, render it too dangerous to any armed vessel to enter the bay; and thus to protect the bay and all its waters at its mouth. I salute you with great esteem and respect.

TO THE SECRETARY AT WAR

Washington, October 27, 1807.

Dear Sir,—I have reflected on the case of the embodying of the militia in Ohio, and think the respect we owe to the State may overweigh the disapprobation so justly due to the conduct of their Governor pro tem. They certainly had great merit, and have acquired a very general favor through the Union, for the early and vigorous blows by which they crushed the insurrection of Burr. We have now again to appeal to their patriotism and public spirit in the same case; and should there be war, they are our bulwark in the most prominent point of assault from the Indians. Their good will and affection, therefore, should be conciliated by all justifiable means. If we suffer the question of paying the militia embodied to be thrown on their Legislature, it will excite acrimonious debate in that body, and they will spread the same dissatisfaction among their constituents, and finally it will be forced back on us through Congress. Would it not, therefore, be better to say to Mr. Kirker, that the general government is fully aware that emergencies which appertain to them will sometimes arise so suddenly as not to give time for consulting them, before the State must get into action; that the expenses in such cases, incurred on reasonable grounds, will be met by the general government; and that in the present case, although it appears there was no real ground for embodying the militia, and that more certain measures for ascertaining the truth should have been taken before embodying them, yet an unwillingness to damp the public spirit of your countrymen, and the justice due to the individuals who came forward in defence of their country, and who could not know the grounds on which they were called, have determined us to consider the call as justifiable, and to defray the expenses. This is submitted to you for consideration. Affectionate salutations.

TO MR. GALLATIN

October 28, 1807.

I think there is nothing in the former regulations of the Salines which hindered merchants or others of the country round about, far or near, from purchasing salt at the Salines, at the stated price, and carrying and vending it elsewhere at their own price; and it was naturally to be expected that competition would in this way reduce it to a proper price wherever sold. If this had taken place, it would have been desirable that the lessees should not have engaged in it, because as the price at a distance must add some profit to the transportation and first cost, this profit might have induced the lessees to sell reluctantly on the spot. As the merchants, however, have not entered into this business, I think it would be well to let the lessees begin it, leaving them open to the effect of future competition; subjecting them to a maximum as they themselves propose, and to have the permission revoked if they obstruct sales at the Salines, or otherwise abuse the permission. I return you their letter.

I return you, also, the papers respecting the lead mines, and think with you that one-fifth for the three last years is not unreasonable.

I propose to inform Mr. Moore (if you know of no objection,) that I approve his proposition for cutting the whole road from Cumberland to Brownsville. We shall by this means secure, at any rate, the benefit of their location, which will of itself have occasioned considerable expense. Affectionate salutations.

TO MR. GALLATIN

October 31, 1807.

The rent we proposed for the Indiana lead mine was two-tenths of three years' produce=six-tenths of one year's produce for five years' occupation: and one-tenth of five year's produce=five-tenths of one year's produce for five years' occupation, is the option you propose. There can be but one objection to it, that is, the effect which a rent of one-tenth annually might have in lowering the future rents permanently. From the Louisiana standing rent of one-tenth, and the offer of one-tenth for the Indiana mine, I suspect that one-fifth may be too much for a permanent rent. What would you think of continuing the offer of two years free of rent, and one-eighth of the metal afterwards? I think the most important object for the public is to find what rent the tenant can pay and still have an encouraging profit for himself, and to obtain that rent. However, I suggest this merely for your consideration.

I have written to Mr. Moore on the subject of the road. Whom shall we appoint in the room of Kilgore. I have conversed with Morrar, but have had no opportunity of speaking with Governor Tiffin. Affectionate salutations.

TO GOVERNOR CABELL

Washington, November 1, 1807.

Dear Sir,—Your late letters have been regularly referred to the Secretary at War, who has already answered their several enquiries, or will do it immediately. I am inclined to believe that the departure of the British vessels from our waters must be in consequence of orders from England to respect the authorities of the country. Within about a fortnight we think we may expect answers from England which will decide whether this cloud is to issue in a storm or calm. Here we are pacifically inclined, if anything comes which will permit us to follow our inclinations. But whether we have peace or war, I think the present Legislature will authorize a complete system of defensive works, on such a scale as they think they ought to adopt. The state of our finances now permits this. To defensive works by land they will probably add a considerable enlargement of the force in gun-boats. A combination of these, will, I think, enable us to defend the Chesapeake at its mouth, and save the vast line of preparation which the defence of all its interior waters would otherwise require. I salute you with great esteem and respect.

TO GOVERNOR WILLIAMS

Washington, November 1, 1807.

Sir,—I have duly received your letter of August 25th, in which you express a wish that the letters received from you may be acknowledged, in order to ascertain their safe transmission. Those received the present year have been of March 14, May 11, and 30, June 8, July 3, August 12, and 25. They have not been before acknowledged in conformity with a practice which the constant pressure of business has forced me to follow, of not answering letters which do not necessarily require it. I have seen with regret, the violence of the dissensions in your quarter. We have the same in the territories of Louisiana and Michigan. It seems that the smaller the society the bitterer the dissensions into which it breaks. Perhaps this observation answers all the objections drawn by Mr. Adams from the small republics of Italy. I believe ours is to owe its permanence to its great extent, and the smaller portion comparatively, which can ever be convulsed at one time by local passions. We expect shortly now to hear from England, and to know how the present cloud is to terminate. We are all pacifically inclined here, if anything comes from thence which will permit us to follow our inclinations. I salute you with esteem and respect.

TO MR. GALLATIN

November 8, 1807.

I will sign a proclamation for the sale of the lands northwest of Ohio, whenever you think proper. I believe the form is in your office, and in the course of this week we will agree on the officers.

I am afraid we know too little as yet of the lead mines to establish a permanent system. I verily believe that of leasing will be far the best for the United States. But it will take time to find out what rent may be reserved, so as to enable the lessee to compete with those who work mines in their own right, and yet have an encouraging profit for themselves. Having on the spot two such men as Lewis and Bates, in whose integrity and prudence unlimited confidence may be placed, would it not be best to confide to them the whole business of leasing and regulating the management of our interests, recommending to them short leases, at first, till themselves shall become thoroughly acquainted with the subject, and shall be able to reduce the management to a system, which the government may then approve and adhere to. I think one article of it should be that the rent shall be paid in metal, not in mineral, so that we may have nothing to do with works which will always be mismanaged, and reduce our concern to a simple rent. We shall lose more by ill-managed smelting works than the digging the ore is worth. Then it would be better that our ore remained in the earth than in a storehouse, and consequently we give nine-tenths of the ore for nothing. These thoughts are merely for your consideration. Affectionate salutations.