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

TO MR. FULTON

Monticello, August 15, 1808.

Sir,—Immediately on the receipt of your letter of the 5th, I wrote to the Secretary of the Navy, recommending a compliance with your request of the workmen. Although no public servant could justify the risking the safety of an important seaport, solely on untried means of defence, yet I have great confidence in those proposed by you as additional to the ordinary means. Their small cost, too, in comparison with the object, ought to overrule those rigorous attentions to keep within the limits of our appropriations, which have probably weighed with the Secretary in declining the proposition. You are sensible, too, that harassed as the offices are daily by the visions of unsound heads, even those solid inventions destined to better our condition, feel the effects of being grouped with them. Wishing every success to your experiment, I salute you with esteem and respect.

TO MR. I. SMITH

Monticello, August 15, 1808.

Sir,—I this moment receive your favor of the 12th, with Captain Saunders' letter on the acquisition of a site for a battery at Norfolk. I think that, instead of acceding to the proposition to take the whole three acres at $1,500, it will be better to accept the other alternative of Mr. Thompson, to have the ground valued by proper persons. In this case too it should be attempted to restrain the purchase to the half acre, as desired by the Secretary at War, but if the owner insists on selling the whole or none, the whole should be taken rather than let the works of defence be delayed. You will be pleased to give instructions accordingly.

The despatches hitherto received at the War Office, and forwarded to me, I have from time to time sent directly to General Dearborne, on the presumption they had not yet been seen by him. If this is wrong, be so good as to notify me of it. I return you Captain Saunders' letter, and tender you my salutations.

TO HIS EXCELLENCY GOVERNOR TOMPKINS

Monticello, August 15, 1808.

Sir,—I have this day received your Excellency's favor of the 9th instant, and I now return you the papers it enclosed. The case of opposition to the embargo laws on the Canada line, I take to be that of distinct combinations of a number of individuals to oppose by force and arms the execution of those laws, for which purpose they go armed, fire upon the public guards, in one instance at least have wounded one dangerously, and rescue property held under these laws. This may not be an insurrection in the popular sense of the word, but being arrayed in warlike-manner, actually committing acts of war, and persevering systematically in defiance of the public authority, brings it so fully within the legal definition of an insurrection, that I should not hesitate to issue a proclamation, were I not restrained by motives of which your Excellency seems to be apprized. But as by the laws of New York an insurrection can be acted on without a previous proclamation, I should conceive it perfectly correct to act on it as such, and I cannot doubt it would be approved by every good citizen. Should you think proper to do so, I will undertake that the necessary detachments of militia called out in support of the laws, shall be considered as in the service of the United States, and at their expense. And as it has been intimated to me that you would probably take the trouble of going to the spot yourself, I will refer to your discretion the measures to be taken, and the numbers to be called out at different places, only saying, as duty requires me to fix some limit, that the whole must not exceed five hundred men without further consulting me. Should you be willing to take the trouble of going to the place, you will render a great public service, as I am persuaded your presence there will be such a manifestation of the public determination to support the authority of the laws, as will probably deter the insurgents from pursuing their course. I think it so important in example to crush these audacious proceedings, and to make the offenders feel the consequences of individuals daring to oppose a law by force, that no effort should be spared to compass this object. As promptitude is requisite, and the delay of consulting me on details at this distance might defeat our views, I would rather, where you entertain doubts, that you would satisfy yourself by conference with the Secretary of the Treasury, who is with you, and to whom our general views are familiar. I salute you with esteem and high respect.

TO THE SECRETARY OF THE TREASURY

Monticello, August 15, 1808.

Dear Sir,—Yours of the 6th and 9th, are just now received, as well as a letter from Governor Tompkins on the subject of aiding the revenue officers on the Canada line with militia. I refer you on this subject to my answer to him, and pray you to encourage strongly his going to the spot himself, and acting according to the urgencies which will present themselves there. Should you have satisfactory evidence of either mala fides or negligence in Pease, he shall be removed without ceremony. I do not know the residence of Greene of Massachusetts. The opinion you have given in the case stated by Ellery is certainly correct. No civil officer of the States can take cognizance of a federal case. Considering our determination to let no more vessels go so far as the Cape of Good Hope, I see nothing in the case of the brig Resolution, Craycroft, to justify a change of the rule, and therefore cannot consent to a vessel's being sent there. The case of the Chinese Mandarin is so entirely distinct, that it can give no ground for this claim. The opportunity hoped from that, of making known through one of its own characters of note, our nation, our circumstances and character, and of letting that government understand at length the difference between us and the English, and separate us in its policy, rendered that measure a diplomatic one in my view, and likely to bring lasting advantage to our merchants and commerce with that country.

I enclose you the rough draught of a letter I have written to Governor Sullivan, in answer to two of his. It was done on consultation with Mr. Madison.

I informed you in mine of the 11th that I had directed a commission for General Steele as successor to Shee. This was certainly according to what had been agreed upon at Washington, the event of Shee's death being then foreseen and made the subject of consultation with yourself, Mr. Rodney, and, I believe, Mr. Madison. The call for the militia from all the States having been agreed on in April, I have taken for granted it was going on. I will look to it, as also to the fortifications of New York. I salute you with affection and respect.

TO GOVERNOR CLAIBORNE

Monticello, August 16, 1808.

Sir,—General Dearborne being on a visit to the province of Maine, your letter to him (the date not recollected) was sent to me from his office, and, after perusal, was forwarded to him. As the case of the five Alabamas, under prosecution for the murder of a white man, may not admit delay, if a conviction takes place, I have thought it necessary to recommend to you in that case to select the leader, or most guilty, for execution, and to reprieve the others till a copy of the judgment can be forwarded, and a pardon sent you; in the meantime letting them return to their friends, with whom you will of course take just merit for this clemency, our wish being merely to make them sensible by the just punishment of one, that our citizens are not to be murdered or robbed with impunity.

I have learnt with real mortification that the engineers successively appointed, have withdrawn from their undertaking to carry on the defensive works of New Orleans. It is more regretted as capable persons in that line are more difficult to be got, and it takes so long for the information to come here, and the place to be supplied. Two other persons applied to here have declined going. Whether General Dearborne has at length been able to engage one I am not informed. I fear that these disappointments will lose us the season in a work which more than any other it was my desire to have had completed this year. Certainly these losses of time shall be shortened by us as far as is in our power. I salute you with esteem and respect.

TO THE SECRETARY OF THE TREASURY

Monticello, August 19, 1808.

Dear Sir,—Yours of August 3d, which ought to have been here on the 8th, was not received till yesterday. It has loitered somewhere, therefore, ten days, during which three mails have been received. I proceed to its contents.

Somes's case. The rule agreed to at our meeting of June 30th was general, that no permissions should be granted for Europe, Asia, or Africa, and there is nothing in Somes's case to entitle it to exemption from the rule, more than will be found in every case that shall occur; as a precedent then, it would be a repeal of the rule, and in fact of the embargo law. He might have sent his proofs to Malta through England, either by the British packets or by our avisos. If he has not done it, and cannot now do it, it is his fault; the permission therefore must be refused.

Coquerel's case. 1. The question whether he had a right to expect a permit is against him. None in writing was given; no note or memorandum on any paper is found warranting the fact, nor is there even any trace of it in the memory of the collector. On what evidence then does it rest? Merely on the words of the owner and captain that the language of the collector conveyed an impression on them that they were to have a permit: but we well know where this sort of evidence would land us.

2d. But suppose we had had a positive or written permission, why was it not used? Could it be believed to be good for this year, next year, or ten years hence? The reason of the thing must have shown to every one that it was good under existing circumstances only, and might become null if not used till these were changed. But the written notification of August 1st, giving a final day, annuls all permits after that day; and not a single circumstance is stated which entitles them to a prolongation of the time, which would not entitle every other, and consequently repeal the limitation of time and the law. I see no ground, therefore, for relieving him from the operation of the rule.

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I enclose you a letter from a Mr. Ithomel to the Secretary of the Navy. I know not who he is, perhaps an officer of the navy. This is the second letter he has written, expressing his belief that there is ground to apprehend insurgency in Massachusetts. Neither do I know his politics, which might also be a key to his apprehensions. That the federalists may attempt insurrection is possible, and also that the governor would sink before it. But the republican part of the State, and that portion of the federalists who approve the embargo in their judgments, and at any rate would not court mob-law, would crush it in embryo. I have some time ago written to General Dearborne to be on the alert on such an occasion, and to take direction of the public authority on the spot. Such an incident will rally the whole body of republicans of every shade to a single point,—that of supporting the public authority. Be so good as to return the letter to Mr. Smith. He informs me he has left to yourself and Commander Rogers to order whatever gun-boats you think can be spared from New York to aid the embargo law. If enough be left there or near there, to preserve order in the harbor, or to drive out a single ship of force, it would be sufficient in the present tranquil state of things.

The principle of our indulgence of vessels to foreign ministers was, that it was fair to let them send away all their subjects caught here by the embargo, and who had no other means of getting away.

General Turreau says there are fifteen hundred French sailors,—deserters, here, many of whom wish to go home. I have desired Mr. Madison to inform him that the tonnage permitted must be proportioned to the numbers, according to the rules in transport service. On this ground, I do not know that we can do wrong. We have nothing yet from Pinckney or Armstrong. But the first letter from the former must be so. I salute you with affection and respect.

TO THE SECRETARY AT WAR

Monticello, August 20, 1808.

Dear Sir,—I enclose you a letter of July 1st, from Governor Lewis, received from the War Office by the last post. It presents a full, and not a pleasant, view of our Indian affairs west of the Mississippi. As the punishment of the Osages has been thought necessary, the means employed appear judicious. First, to draw off the friendly part of the nation, and then, withdrawing the protection of the United States, leave the other tribes free to take their own satisfaction of them for their own wrongs. I think we may go further, without actually joining in the attack. The greatest obstacle to the Indians acting in large bodies, being the difficulty of getting provisions, we might supply them, and ammunition also, if necessary. I hope the Governor will be able to settle with the Sacs and Foxes without war, to which, however, he seems too much committed. If we had gone to war for every hunter or trader killed, and murderer refused, we should have had general and constant war. The process to be followed, in my opinion, when a murder has been committed, is first to demand the murderer, and not regarding a first refusal to deliver, give time and press it. If perseveringly refused, recall all traders, and interdict commerce with them, until he be delivered. I believe this would rarely fail in producing the effect desired; and we have seen that, by steadily following this line, the tribes become satisfied of our moderation, justice, and friendship to them, and become firmly attached to us. The want of time to produce these dispositions in the Indians west of the Mississippi, has been the cause of the Kanzas, the Republican, the Great and the Wolf Panis, the Matas, and Poncaras, adhering to the Spanish interest against us. But if we use forbearance, and open commerce for them, they will come to, and give us time to attach them to us. In the meantime, to secure our frontiers against their hostility, I would allow Governor Lewis the three companies of spies, and military stores he desires. We are so distant, and he so well acquainted with the business, that it is safest for our citizens there and for ourselves, after enjoining him to pursue our principles, to permit him to select the means. The factories proposed on the Missouri and Mississippi, as soon as they can be in activity, will have more effect than as many armies. It is on their interests we must rely for their friendship, and not on their fears. With the establishment of these factories, we must prohibit the British from appearing westward of the Mississippi, and southward of logarithm degree; we must break up all their factories on this side the Mississippi, west of Lake Michigan; not permit them to send out individual traders to the Indian towns, but require all their commerce to be carried on at their factories,—putting our own commerce under the same regulations, which will take away all ground of complaint. In like manner, I think well of Governor Lewis' proposition to carry on all our commerce west of the Mississippi, at fixed points; licensing none but stationary traders residing at these points; and obliging the Indians to come to the commerce, instead of sending it to them. Having taken this general view of the subject, which I know is nearly conformable to your own, I leave to yourself the detailed answer to Governor Lewis, and salute you with constant affection and respect.

TO GOVERNOR LEWIS

Monticello, August 21, 1808.

Dear Sir,—Your letter to General Dearborne, of July 1st, was not received at the War Office till a few days ago, was forwarded to me, and after perusal sent on to General Dearborne, at present in Maine. As his official answer will be late in getting to you, I have thought it best, in the meantime, to communicate to yourself, directly, ideas in conformity with those I have expressed to him, and with the principles on which we have conducted Indian affairs. I regret that it has been found necessary to come to open rupture with the Osages, but, being so, I approve of the course you have pursued,—that of drawing off the friendly part of the nation,—withdrawing from the rest the protection of the United States, and permitting the other nations to take their own satisfaction for the wrongs they complain of. I have stated to General Dearborne that I think we may go further, and as the principal obstacle to the Indians acting in large bodies, is the want of provisions, we might supply that want, and ammunition also, if they need it. With the Sacs and Foxes I hope you will be able to settle amicably, as nothing ought more to be avoided than the embarking ourselves in a system of military coercion on the Indians. If we do this, we shall have general and perpetual war. When a murder has been committed on one of our stragglers, the murderer should be demanded. If not delivered, give time, and still press the demand. We find it difficult, with our regular government, to take and punish a murderer of an Indian. Indeed, I believe we have never been able to do it in a single instance. They have their difficulties also, and require time. In fact, it is a case where indulgence on both sides is just and necessary, to prevent the two nations from being perpetually committed in war, by the acts of the most vagabond and ungovernable of their members. When the refusal to deliver the murderer is permanent, and proceeds from the want of will, and not of ability, we should then interdict all trade and intercourse with them till they give us complete satisfaction. Commerce is the great engine by which we are to coerce them, and not war. I know this will be less effectual on this side the Mississippi, where they can have recourse to the British; but this will not be a long-lived evil. By this forbearing conduct towards the Mississippian Indians for seven years past, they are become satisfied of our justice and moderation towards them, that we have no desire of injuring them, but, on the contrary, of doing them all the good offices we can, and they are become sincerely attached to us; and this disposition, beginning with the nearest, has spread and is spreading itself to the more remote, as fast as they have opportunities of understanding our conduct. The Sacs and Foxes, being distant, have not yet come over to us. But they are on the balance. Those on this side the Mississippi, will soon be entirely with us, if we pursue our course steadily. The Osages, Kanzas, the Republican, Great and Wolf Panis, Matas, Poncaras, &c., who are inclined to the Spaniards, have not yet had time to know our dispositions. But if we use forbearance, and open commerce with them, they will come to, and give us time to attach them to us. In the meantime, to secure our frontiers, I have expressed myself to General Dearborne in favor of the three companies of spies, and the military supplies you ask for. So, also, in the having established factories, at which all the traders shall be stationary, allowing none to be itinerant, further than indispensable circumstances shall require. As soon as our factories on the Missouri and Mississippi can be in activity, they will have more powerful effects than so many armies. With respect to the British, we shall take effectual steps to put an immediate stop to their crossing the Mississippi, by the severest measures. And I have proposed to General Dearborne to break up all their factories within our limits on this side the Mississippi, to let them have them only at fixed points, and suppress all itinerant traders of theirs, as well as our own. They have, by treaty, only an equal right of commerce with ourselves, the regulations of which on our side of the line belongs to us, as that on their side belongs to them. All that can be required is that these regulations be equal. These are the general views which, on the occasion of your letter, I have expressed to General Dearborne. I reserve myself for consultation with him, and shall be very glad to receive your sentiments also on the several parts of them, after which we may decide on the modifications which may be approved. In the meantime you will probably receive from him an answer to your letter, till which this communication of my sentiments may be of some aid in determining your own course of proceeding.

Your friends here are all well, except Colonel Lewis, who has declined very rapidly the last few months. He scarcely walks about now, and never beyond his yard. We can never lose a better man. I salute you with affection and respect.

TO THE HONORABLE LEVI LINCOLN

Monticello, August 22, 1808.

Dear Sir,—You are not unapprized that in order to check the evasions of the embargo laws effected under color of the coasting trade, we found it necessary to prevent the transportation of flour coast-wise, except to the States not making enough for their own consumption, and that to place the supplies of these States under some check, a discretionary power was given to the Governors to give licenses to the amount of what they deemed the necessary importation. By a subsequent regulation, the collectors were advised not to detain suspicious vessels, the articles of whose cargoes were so proportioned as not to excite suspicion of fraudulent intentions; and particularly where not more than one-eight in value was provisions. This last regulation has operated so well that in the other importing States (Massachusetts excepted) little or no use has been made of the power of giving special licenses. But the licenses of Massachusetts, in the first two months, having amounted to 60,000 barrels of flour, the quantity was so much beyond their consumption, that it was suspected the licenses were fraudulently perverted to cover exportation. I therefore requested Governor Sullivan to discontinue issuing them, as, if the whole quantity was landed and retained in the State, it could not want for some time, and if exported, it showed we ought to guard that avenue to fraud. He apprized me, however, by letter, of circumstances which induced him to continue a moderated issue of licenses till he could hear from me, and I approved of his doing so till he should leave the capital, which he informed me he should do in the fall, when, if the power were to be continued, he wished it to be put into other hands, as his absence would prevent his exercising it. On this ground the matter now rests. He supposes that about ninety thousand persons in the State subsist on imported flour, which, at a pound a day, would require between thirteen and fourteen thousand barrels a month. Certainly it is not my wish that the want of a single individual should be unsupplied a single day; and I presume the well-affected citizens of Massachusetts would not wish, by importing a superfluous stock, to open a door for defeating a law judged by the national authorities necessary for the public good, and cheerfully submitted to elsewhere in the union. The question is, whether, after so great importations, the permission to all coasting vessels to take one-eight in provisions will not supply the State? On this subject I ask your friendly information. If it will not, then I must request your undertaking to issue licenses, on the departure of the Governor, to such characters as you may not suspect would make a fraudulent use of them. The power will, with propriety, devolve on you, on the Governor's declining it. You stand next in the confidence of the State, and certainly second to no one in my confidence. I will therefore ask from you a full communication of facts, and your opinions on this subject, with an entire disposition on my part to do whatever, consistently with my duty, I can do to obviate difficulties. I pray you to be assured of my constant esteem and attachment.

TO GOVERNOR LEWIS

Monticello, August 24, 1808.

Dear Sir,—My letter of August 21st being gone to the post-office, I write this as a supplement, which will be in time to go by the same post. Isham Lewis arrived here last night and tells me he was with you at St. Louis about the second week in July, and consequently, after your letter of the 1st of that month, that four Iowas had been delivered up to you as guilty of the murder which had been charged to the Sacs and Foxes, and that you supposed three of them would be hung. It is this latter matter which induces me to write again.