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

TO MR. GALLATIN

April 23, 1808.

The leading object of the enclosed application from the owners of the Topaz, is to send witnesses and documents to save the property of the ship and cargo seized. But as the Topaz would be insufficient to bring home the whole property if cleared, the permission of sending a vessel may be on the ordinary ground of bringing home the property. But do the restrictions of the embargo laws (for I have them not) inhibit the passing from port to port as proposed in the enclosed? And do they admit, (in case the Topaz and her cargo are condemned,) that the vessel sent out should bring home other property to cover the expenses of the ineffectual voyage? On these questions I must ask your opinion, as General Smith will call on me to-morrow. The questions had been brought to me originally by Mr. Taylor, because he happened to come at a moment when you were confined. Affectionate salutes.

TO WM. RODNEY

April 24, 1808.

Thomas Jefferson returns the enclosed to Mr. Rodney, with thanks for the communication. It is very evident that our embargo, added to the exclusions from the Continent, will be most heavily felt in England and Ireland. Liverpool is remonstrating, and endeavoring to get the other posts into motion. Yet the bill confirming the orders of council is ordered to a third reading, which shows it will pass. Congress has just passed an additional embargo law, on which if we act as boldly as I am disposed to do, we can make it effectual. I think the material parts of the enclosed should be published. It will show our people that while the embargo gives us double rations, it is starving our enemies. This six months' session has worn me down to a state of almost total incapacity for business. Congress will certainly rise to-morrow night, and I shall leave this for Monticello on the 5th of May, to be here again on the 8th of June. I salute you with constant affection and respect.

TO COLONEL WASHINGTON

Washington, April 24, 1808.

Dear Sir,—So uncertain has been the situation of our affairs with England, and yet so much bearing would they have on those with the Indians, that I have delayed answering your favor of October 5th until I could see a little way before me. At present I think a continuance of our peace till the next meeting of Congress (November) probable. I have now addressed a message to the Indians in the north-west, in which I inform them of our differences with England, and of the uncertainty how they will issue. Assure them of the continuance of our friendship, and advise them in any event to remain quiet at home, taking no part in our quarrel, and declaring unequivocally that if any nation takes up the hatchet against us, we will drive them from the land of their fathers, and never more permit their return. With respect to the prophet, I really believe the opinion you formed of his views is correct. But we have heard so many different stories since, that we are awaiting some information which we expect to receive before we make up a definitive opinion. This much, however, we determine; and he might know that if we become dissatisfied that his views are friendly, we shall extend to him all the patronage and good offices in our power, and shall establish a store in his new settlement; and particularly if we find him endeavoring to reform the morality of the Indians, and encourage them in industry and peace, we shall do what we can to render his influence as extensive as possible. I had been in hopes that a change in the British ministry would have produced a revocation of the orders of council, which called for our embargo, and an European peace, so as to have removed all danger of our being dragged into the war. But our advices to the 14th of March show they still retained a good majority in Parliament. Should they continue in office, our peace will continue uncertain. Accept my salutations, and assurances of great esteem and respect.

TO THE SECRETARY OF THE TREASURY

April 30, 1808.Case of the Fleusburg

Our laws permit a foreigner to hold any property in our country, except lands. A foreigner may contract for a ship to be built for him, so that she will be his from the time of laying the keel; or he may contract so as that she shall be his only when launched, or when rigged, &c. The act of delivery to him or his agents fixes, in that case, the moment when she becomes his property. If the Fleusburg was delivered to the agent of the Danish merchant, by such an act of delivery as by our laws will transfer personal property, before the 22d of December, she was then Danish property. The statement says that a bill of building and sale, dated December 10th, proved her to be then Danish property. If the collector shall find that she was actually Danish property before December 22d, I should think her entitled as a foreign vessel. I suppose she did not take out an American register. This would be corroborative proof that, though built in America, she was not meant to be, nor ever became, an American bottom; for I presume the register is what completes the American bottom. The matter of fact should be proved to the collector.

Rhode Island Packets

The pretension that the navigation from Newport to New York is entirely a navigation of rivers, bays, and sounds, would take from language all kind of certainty. There is not one point of the coast of Rhode Island, from which a perpendicular line does not lead into the main ocean. A very small proportion of these would lead across Block Island. But to say that Block Island covers the whole coast from Martha's Vineyard to Long Island, so as to make it a Sound, is too gross for any one who casts his eyes on the maps. The difference of regulation, too, between bay-craft and coasting vessels, since the act of April 25th, is very inconsiderable.

TO GENERAL DEARBORNE

April 29, 1808.

Thomas Jefferson will thank General Dearborne to consider the enclosed. The writer appears to have that sincere enthusiasm for his undertaking which will ensure success. The education of the common people around Detroit is a most desirable object, and the proposition of extending their views to the teaching the Indian boys and girls to read and write, agriculture and mechanic trades to the former, spinning and weaving to the latter, may perhaps be acceded to by us advantageously for the Indians, and the bounties paid for them be an aid to the other objects of the institution. Affectionate salutations.

TO THE SECRETARY OF STATE

April 30, 1808.

Notes on such parts of Fronda's letter of April 26th, 1808, as are worth answering:—

I. I know of no recent orders to Governor Claiborne as to the navigation of the Mississippi, Uberville, and Pontchartrain; he should specify them, but he may be told that no order has ever been given contrary to the rights of Spain. These rights are, 1st, a treaty right that "the ships of Spain coming directly from Spain or her colonies, loaded only with the produce or manufactures of Spain or her colonies, shall be admitted during the space of twelve years in the ports of New Orleans, and in all other legal ports of entry within the ceded territory, in the same manner as the ships of the United States, &c." 2d. A right of innocent passage from the mouth of the Mississippi to 31° of latitude, exactly commensurate with our right of innocent passage up the rivers of Florida to 31° of latitude.

II. In answer to his question whether we consider Mobile among the ports of the United States, he may be told that so long as we consider the question whether the Perdido is not the eastern boundary of Louisiana, as continuing in a train of amicable proceedings for adjustment, so long that part only of the river Mobile, which is above 31° of latitude, will be considered among the ports of the United States, withholding the exercise of jurisdiction on our part within the disputed territory, on the general principle of letting things remain in statu quo pendente lite.

There is nothing else in this letter worth answering.

TO WILLIAM LYMAN, ESQ

Washington, April 30, 1803.

Sir,—Your favor of the 11th of July came to hand a little before the meeting of Congress, and soon after I received the apparatus for stylographic writing, which you were so kind as to send me, for which I pray you to receive my particular thanks.

The invention is certainly very ingenious, and while it compares advantageously with all others in other circumstances, it has an unrivalled preference as being so much more profitable. I had never heard of the invention till your letter announced it, for these novelties reach us very late, which renders your attentions on the occasion more acceptable, and more entitled to the acknowledgments which I now tender. The decrees and orders of the belligerent nations having amounted nearly to declarations that they would take our vessels wherever found. Congress thought it best in the first instance to break off all intercourse with them. They adjourned on Monday last, having passed an act authorizing me to suspend the embargo whenever the belligerents should revoke their decrees or orders as to us. The embargo must continue, therefore, till they meet again in November, unless the measures of the belligerents should change. When they meet again, if these decrees and orders still continue, the question which they will have to decide will be, whether a continuance of the embargo or war will be preferable. In the meantime great advances are making in the establishment of manufactures. Those of cotton will, I think, be so far proceeded on, that we shall never again have to recur to the importation of cotton goods for our own use. I tender you my salutations, and the assurances of my great respect.

TO GENERAL ARMSTRONG

Washington, May 2, 1808.

Dear General,—A safe conveyance offering by a special messenger to Paris, I avail myself of it to bring up my arrears to my foreign correspondents. I give them the protection of your cover, but to save the trouble of your attention to their distribution, I give them an inner cover to Mr. Harden, whose attentions heretofore have encouraged me to ask this favor of him. But should he not be with you, I must pray you to open my packages to him, and have them distributed, as it is of importance that some of them should be delivered without delay. I shall say nothing to you on the subject of our foreign relations, because you will get what is official on that subject from Mr. Madison.

During the present paroxysm of the insanity of Europe, we have thought it wisest to break off all intercourse with her. We shall, in the course of this year, have all our seaports, of any note, put into a state of defence against naval attacks. Against great land armies we cannot attempt it but by equal armies. For these we must depend on a classified militia, which will give us the service of the class from twenty to twenty-six, in the nature of conscripts, composing a body of about 250,000, to be specially trained. This measure, attempted at a former session, was passed at the last, and might, I think, have been carried by a small majority. But considering that great innovations should not be forced on a slender majority, and seeing that the general opinion is sensibly rallying to it, it was thought better to let it lie over to the next session, when, I trust, it will be passed. Another measure has now twice failed, which I have warmly urged, the immediate settlement by donation of lands, of such a body of militia in the territories of Orleans and Mississippi, as will be adequate to the defence of New Orleans. We are raising some regulars in addition to our present force, for garrisoning our seaports, and forming a nucleus for the militia to gather to. There will be no question who is to be my successor. Of this be assured, whatever may be said by newspapers and private correspondences. Local considerations have been silenced by those dictated by the continued difficulties of the times. One word of friendly request: be more frequent and full in your communications with us. I salute you with great friendship and respect.

TO GENERAL KOSCIUSKO

Washington, May 2, 1808.

My very dear General,—A safe conveyance offering by a special messenger to Paris, Mr. Barnes has requested me to avail you of it, by sending a remittance of a thousand dollars, for which a draught is under cover. I shall not write to you on the subject of our foreign relations, because of the dangers by sea and the dangers by land. During the present paroxysm of the insanity of Europe, we have thought it wisest to break off all intercourse with her. We shall, in the course of this year, have all our seaports of any note put into a state of defence against naval attacks. Against great land armies we cannot attempt it but by equal armies. For these we must depend on a classified militia, which will give us the service of the class from twenty to twenty-six, in the nature of conscripts, composing a body of about 250,000, to be specially trained. This measure, attempted at a former session, was passed at the last, and might, I think, have been carried by a small majority; but considering that great innovations should not be forced on slender majorities, and seeing that the public opinion is sensibly rallying to it, it was thought better to let it lie over to the next session, when I trust it will be passed. Another measure has now twice failed, which I have warmly urged, the immediate settlement by donation of lands of such a body of militia in the territories of Orleans and Mississippi, as will be adequate to the defence of New Orleans. We are raising some regulars in addition to our present force, for garrisoning our seaports, and forming a nucleus for the militia to gather to. There will be no question who is to be my successor. Of this be assured, whatever may be said by newspapers and private correspondences; local considerations have been silenced by those dictated by the continued difficulties of the times. I salute you with sincere and constant friendship and great respect.

TO MR. SMITH

May 3, 1808.

I enclose you a petition from a woman (Mary Barnett) who complains that her son of thirteen years of age, is detained against her will in the naval military service. Having never before received an application of the kind in that department, I know not what are the rules there. But in the land service we have had many cases of enlistments of infants, and there the law is considered to be, and our practice in conformity, as follows: An infant is considered as incapable of binding himself by enlistment, and may at any time be reclaimed by a parent, guardian, next friend, or may quit of his own accord, on complaint from a parent, &c. We direct the officer to inquire into the fact of infancy, and if he believes him under age he discharges him. If he believes him of full age, we advise the parent, &c., that he may take out a Habeas Corpus, and have the fact tried before an impartial judge: if enlisted with the consent of the parent, &c., it must be by indentures as prescribed by law for an apprentice or servant, this being the only mode of obligation in which the law will compel specific execution. In case of a verbal or a common written subscription of engagement, even with consent of the parent, damages only can be recovered for withdrawing from it. I presume the rules in the Navy Department must be the same, as we must conform ourselves to the law in all departments. I directed the woman to call on me again to-morrow. Will you be so good as to enable me to give her an answer? Affectionate salutations.

TO GOVERNOR TOMPKINS

Washington, May 4, 1808.

Sir,—I duly received your favor of April 18th, covering an Act of the legislature of New York, appropriating $100,000 to aid and expedite the defence of the city and port of New York, and $20,000 to aid in and contribute to the defence of the northern and western frontiers, and expressing a desire to receive an opinion on the application of those sums.

In carrying into execution the provisions of Congress, at their last session, for fortifying on a just view of the relative importance of the places, combined with their degree of exposure, and capability of defence, and in such way as to require a moderate permanent force of regulars, relying much, in case of sudden attack on the aid of the militia. Among the objects of our care, New York stands foremost in the points of importance and exposure; and, if permitted, we shall provide such defences for it as, in our opinion, will render it secure against attacks by sea. The particulars of what is proposed to be done can be made known to you by Colonel Williams, as it is probable these may not comprehend everything which the anxieties of the citizens might think of service in their defence. I suggest for your consideration, the idea of applying the fund appropriated to this object, by your legislature, to such supplementary provisions as in your judgment might be necessary to render ours adequate to fulfil the views and confidence of your citizens. Of this however, you are the best judge. But I cannot omit to urge that no time should be lost in deciding on so much of the plan proposed by the Secretary at War, as depends on a cession from the State authorities.

It appears to me that it would be well to have a post on the Saint Lawrence, as near our line as a commanding position could be found, that it might afford some cover for our most advanced inhabitants. But if a rupture takes place now, such a post would too soon lose all its value, to be worth building at this time. It is only in the event of a solid accommodation with Great Britain, and their retaining their present possessions, that it might become worthy of attention. I do not know that the $20,000 appropriated by the State of New York, "to aid in, and contribute to, the defence of the northern and western frontiers," could be better applied than as supplementary to our provisions in this quarter also. We cannot, for instance, deliver out our arms to the militia, until called into the field. Yet it would be a great security had every militia man on these frontiers a good musket in his hands. However, here again your Excellency is the best judge, and I have hazarded these ideas as to the application of the appropriations, only on the wish you expressed that I would do it, and on my own desire to interchange ideas with frankness, and without reserve with those charged, in common with myself with the public interests. I beg leave to tender you the assurances of my high esteem and respect.

TO –

May 5, 1808.

Great and Good Friend,—Having learnt the safe arrival of your Royal Highness at the city of Rio Janeiro, I perform with pleasure the duty of offering you my sincere congratulations by Mr. Hill, a respected citizen of the United States, who is specially charged with the delivery of this letter.

I trust that this event will be as propitious to the prosperity of your faithful subjects as to the happiness of your Royal Highness, in which the United States of America have ever taken a lively interest. Inhabitants now of the same land, of that great continent which the genius of Columbus has given to the world, the United States feel sensibly that they stand in new and closer relations with your Royal Highness, and that the motives which heretofore nourished the friendly relations which have so happily prevailed, have acquired increased strength on the transfer of your residence to their own shores. They see in prospect, a system of intercourse between the different regions of this hemisphere of which the peace and happiness of mankind may be the essential principle. To this principle your long-tried adherence, for the benefit of those you governed, in the midst of warring powers, is a pledge to the new world that its peace, its free and friendly intercourse, will be your chief concern. On the part of the United States I assure you, that these which have hitherto been their ruling objects, will be most particularly cultivated with your Royal Highness and your subjects at Brazil, and they hope that that country so favored by the gifts of nature, now advanced to a station under your immediate auspices, will find, in the interchange of mutual wants and supplies, the true aliment of an unchanging friendship with the United States of America.

I pray to God, great and good friend, that in your new abode you may enjoy health, happiness, and the affections of your people, and that He will always have you in His safe and holy keeping.

Done at Washington, &c.

TO THE GOVERNORS OF NEW ORLEANS, GEORGIA, SOUTH CAROLINA, MASSACHUSETTS AND NEW HAMPSHIRE

Washington, May 6, 1808.

Sir,—The evasions of the preceding embargo laws went so far towards defeating their objects, and chiefly by vessels clearing out coast-wise, that Congress, by their act of April 25th, authorized the absolute detention of all vessels bound coast-wise with cargoes exciting suspicions of an intention to evade those laws. There being few towns on our sea-coast which cannot be supplied with flour from their interior country, shipments of flour become generally suspicious and proper subjects of detention. Charleston is one of the few places on our seaboard which need supplies of flour by sea for its own consumption. That it may not suffer by the cautions we are obliged to use, I request of your excellency, whenever you deem it necessary that your present or any future stock should be enlarged, to take the trouble of giving your certificate in favor of any merchant in whom you have confidence, directed to the collector of any port, usually exporting flour, from which he may choose to bring it, for any quantity which you may deem necessary for consumption beyond your interior supplies, enclosing to the Secretary of the Treasury at the same time a duplicate of the certificate as a check on the falsification of your signature. In this way we may secure a supply of the real wants of our citizens, and at the same time prevent those wants from being made a cover for the crimes against their country which unprincipled adventurers are in the habit of committing. I trust, too, that your excellency will find an apology for the trouble I propose to give you, in that desire which you must feel in common with all our worthy citizens, that inconveniences encountered cheerfully by them for the interests of their country, shall not be turned merely to the unlawful profits of the most worthless part of society. I salute your excellency with assurances of my high respect and consideration.

TO MR. GALLATIN

May 6, 1808.

In the outset of the business of detentions, I think it impossible to form precise rules. After a number of cases shall have arisen they may probably be thrown into groups and subjected to rules. The great leading object of the Legislature was, and ours in execution of it ought to be, to give complete effect to the embargo laws. They have bidden agriculture, commerce, navigation, to bow before that object, to be nothing when in competition with that. Finding all their endeavors at general rules to be evaded, they finally gave us the power of detention as the panacea, and I am clear we ought to use it freely that we may, by a fair experiment, know the power of this great weapon, the embargo. Therefore, to propositions to carry flour into the Chesapeake, the Delaware, the Hudson, and other exporting places, we should say boldly it is not wanted there for consumption, and the carrying it there is too suspicious to be permitted. In consequence of the letters to the Governors of the flour-importing States, we may also say boldly that there being no application from the Governor is a proof it is not wanting in those States, and therefore must not be carried. As to shuffling of cotton, tobacco, flax seed, &c., from one port to another, it may be some trifling advantage to individuals to change their property out of one form into another, but it is not of a farthing's benefit to the nation at large, and risks their great object in the embargo. The want of these at a particular place should be very notorious to the collector and others, to take off suspicion of illicit intentions. Dry goods of Europe, coal, bricks, &c., are articles entirely without suspicion. I hazard these things for your consideration, and I send you a copy of the letter to the Governors, which may be communicated in form to the collectors to strengthen the ground of suspicion. You will be so good as to decide these cases yourself, without forwarding them to me. Whenever you are clear either way, so decide; where you are doubtful, consider me as voting for detention, being satisfied that individuals ought to yield their private interests to this great public object.