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

TO –

Washington, December 31, 1808.

Sir,—The General Government of the United States has considered it their duty and interest to extend their care and patronage over the Indian tribes within their limits, and to endeavor to render them friends, and in time perhaps useful members of the nation. Perceiving the injurious effects produced by their inordinate use of spirituous liquors, they passed laws authorizing measures against the vending or distributing such liquors among them. Their introduction by traders was accordingly prohibited, and for some time was attended with the best effects. I am informed, however, that latterly the Indians have got into the practice of purchasing such liquors themselves in the neighboring settlements of whites, and of carrying them into their towns, and that in this way our regulations so salutary to them, are now defeated. I must, therefore, request your Excellency to submit this matter to the consideration of your legislature. I persuade myself that in addition to the moral inducements which will readily occur, they will find it not indifferent to their own interests to give us their aid in removing, for their neighbors, this great obstacle to their acquiring industrious habits, and attaching themselves to the regular and useful pursuits of life; for this purpose it is much desired that they should pass effectual laws to restrain their citizens from vending and distributing spirituous liquors to the Indians. I pray your Excellency to accept the assurances of my great esteem and respect.

TO MR. HENRY GUEST

Washington, January 4, 1809.

Sir,—A constant pressure of business must be my apology for being so late in acknowledging the receipt of your favor of November 25th. I am sensible of the kindness of your rebuke on my determination to retire from office at a time when our country is laboring under difficulties truly great. But if the principle of rotation be a sound one, as I conscientiously believe it to be with respect to this office, no pretext should ever be permitted to dispense with it, because there never will be a time when real difficulties will not exist, and furnish a plausible pretext for dispensation. You suppose I am "in the prime of life for rule." I am sensible I am not; and before I am so far declined as to become insensible of it, I think it right to put it out of my own power. I have the comfort too of knowing that the person whom the public choice has designated to receive the charge from me, is eminently qualified as a safe depository by the endowments of integrity, understanding, and experience. On a review therefore of the reasons for my retirement, I think you cannot fail to approve them.

Your proposition for preventing the effect of splinters in a naval action, will certainly merit consideration and trial whenever our vessels shall be called into serious service; till then the perishable nature of the covering, would render it an unnecessary expense. I tender you my best wishes for the continuance of your life and health, and salute you with great esteem and respect.

TO MR. GALLATIN

January 9, 1809.

I do not recollect the instructions to Governor Lewis respecting squatters. But if he had any they were unquestionably to prohibit them rigorously. I have no doubt, if he had not written instructions, that he was verbally so instructed. Carr's story has very much the air of an idle rumor, willingly listened to. It shows some germ of discontent existing.

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TO THE SECRETARY AT WAR

Washington, January 12, 1809.

Sir,—I have read with pleasure the letter of Captain Davidson, by which, according to unanimous resolves of the company of light infantry of the first legion of the militia of Columbia commanded by him, he tenders their services as volunteers under the Act of Congress of February 24th, 1807. I accept the offer, and render to Captain Davidson and the other officers and privates of the company, that praise to which their patriotism so justly entitles them. So long urged by the aggressions of the belligerent powers, and every measure of forbearance at length exhausted, our country must see with sincere satisfaction the alacrity with which persons will flock to her standard whenever her constituted authorities shall declare that we take into our own hands the redress of our wrongs. Be so good as to communicate in behalf of the public my thanks to Captain Davidson, the other officers and privates of his company, and be assured yourself of my affectionate respect.

TO GENERAL DEARBORNE

January 12, 1809.

I suppose that in answering Governor Drayton we should compliment his ardor, and smooth over our noncompliance with his request; that he might be told that the President sees, in his present application, a proof of his vigilance and zeal in whatever concerns the public safety, and will count with the more confidence on his future attentions and energy whenever circumstances shall call for them. That he considers that the power entrusted to him for calling out the 100,000 militia, was meant to be exercised only in the case of some great and general emergency, and by no means to be employed merely as garrisons or guards in ordinary cases: that there is no apprehension that England means either to declare or to commence war on us at the present moment, and that if the declaration shall be intended to originate with us, he may be assured of receiving timely notice, with the powers and the means of placing everything in safety before a state of actual danger commences; that nevertheless it is of great urgency that the quota of his state be prepared with all possible diligence, to be ready to march at a moment's warning, because by that time it is very possible, and scarcely improbable, that their services may have become actually requisite. Affectionate salutations.

TO DOCTOR EUSTIS

Washington, January 14, 1809.

Sir,—I have the pleasure to acknowledge the receipt of your letter of December the 24th, and of the resolutions of the republican citizens of Boston, of the 19th of that month. These are worthy of the ancient character of the sons of Massachusetts, and of the spirit of concord with her sister States, which, and which alone, carried us successfully through the revolutionary war, and finally placed us under that national government, which constitutes the safety of every part, by uniting for its protection the powers of the whole. The moment for exerting these united powers, to repel the injuries of the belligerents of Europe, seems likely to be pressed upon us. They have interdicted our commerce with nearly the whole world. They have declared it shall be carried on with such places, in such articles, and in such measure only, as they shall dictate; thus prostrating all the principles of right which have hitherto protected it. After exhausting the cup of forbearance and conciliation to its dregs, we found it necessary, on behalf of that commerce, to take time to call it home into a state of safety, to put the towns and harbors which carry it on into a condition of defence, and to make further preparation for enforcing the redress of its wrongs, and restoring it to its rightful freedom. This required a certain measure of time, which, although not admitting specific limitation, must, from its avowed objects, have been obvious to all; and the progress actually made towards the accomplishment of these objects, proves it now to be near its term. While thus endeavoring to secure, and preparing to vindicate that commerce, the absurd opinion has been propagated, that this temporary and necessary arrangement was to be a permanent system, and was intended for its destruction. The sentiments expressed in the paper you were so kind as to enclose to me, show that those who have concurred in them have judged with more candor the intentions of their government, and are sufficiently aware of the tendency of the excitements and misrepresentations which have been practised on this occasion. And such, I am persuaded, will be the disposition of the citizens of Massachusetts at large, whenever truth can reach them. Associated with her sister States in a common government, the fundamental principle of which is, that the will of the majority is to prevail, sensible that, in the present difficulty, that will has been governed by no local interests or jealousies, that, to save permanent rights, temporary sacrifices were necessary, that these have fallen as impartially on all, as in a situation so peculiar they could be made to do, she will see in the existing measures a legitimate and honest exercise of the will and wisdom of the whole. And her citizens, faithful to themselves and their associates, will not, to avoid a transient pressure, yield to the seductions of enemies to their independence, foreign or domestic, and take a course equally subversive of their well-being, as of that of their brethren.

The approbation expressed by the republican citizens of the town of Boston, of the course pursued by the national government, is truly consoling to its members; and, encouraged by the declaration of the continuance of their confidence, and by the assurance of their support, they will continue to pursue the line of their high duties according to the best of their understandings, and with undeviating regard to the good of the whole. Permit me to avail myself of this occasion of tendering you personally the assurances of my great esteem and respect.

TO MR. THOMAS C. JAMES, SECRETARY OF THE AMERICAN PHILOSOPHICAL SOCIETY

Washington, January 14, 1809.

Sir,-I have received your favor of the 6th inst., informing me that the American Philosophical Society had been pleased, at their late election, unanimously to re-elect me president of the society. In desiring, in my letter to the vice-presidents, that I might be permitted to withdraw from that honor, I acted from a conscientious persuasion that I was keeping from that important station members whose position, as well as qualifications, would enable them to render more effectual services to the institution. But the society having thought proper again to name me, I shall obey it with dutifulness, and be ever anxious to avail myself of every occasion of being useful to them. I pray you to be so good as to communicate my thanks to them, with assurances of my devotion to their service, and to accept those of great esteem and respect for yourself personally.

TO DOCTOR MAESE

Washington, January 15, 1809.

Sir,-The constant pressure of such business as will admit no delay, has prevented my sooner acknowledging the receipt of your letter of the 2d, and even now will confine me to the single question, for the answer to which you wait, before you take any step towards bringing forward the institution you propose for the advancement of the arts. That question is whether Congress would grant a charter of incorporation, and a sum for premiums annually? It has always been denied by the republican party in this country, that the Constitution had given the power of incorporation to Congress. On the establishment of the Bank of the United States, this was the great ground on which that establishment was combatted; and the party prevailing supported it only on the argument of its being an incident to the power given them for raising money. On this ground it has been acquiesced in, and will probably be again acquiesced in, as subsequently confirmed by public opinion. But in no other instance have they ever exercised this power of incorporation out of this district, of which they are the ordinary legislature.

It is still more settled that among the purposes to which the Constitution permits them to apply money, the granting premiums or bounties is not enumerated, and there has never been a single instance of their doing it, although there has been a multiplicity of applications. The Constitution has left these encouragements to the separate States. I have in two or three messages recommended to Congress an amendment to the Constitution, which should extend their power to these objects. But nothing is yet done in it. I fear, therefore, that the institution you propose must rest on the patronage of the State in which it is to be. I wish I could have answered you more to my own mind; as well as yours; but truth is the first object. I salute you with esteem and respect.

CIRCULAR LETTER FROM THE SECRETARY OF WAR, TO THE GOVERNORS,—PREPARED BY THOMAS JEFFERSON

January 17, 1809.

Sir,—The pressure of the embargo, although sensibly felt by every description of our fellow citizens, has yet been cheerfully borne by most of them, under the conviction that it was a temporary evil, and a necessary one to save us from greater and more permanent evils,—the loss of property and surrender of rights. But it would have been more cheerfully borne, but for the knowledge that, while honest men were religiously observing it, the unprincipled along our sea-coast and frontiers were fraudulently evading it; and that in some parts they had even dared to break through it openly, by an armed force too powerful to be opposed by the collector and his assistants. To put an end to this scandalous insubordination to the laws, the Legislature has authorized the President to empower proper persons to employ militia, for preventing or suppressing armed or riotous assemblages of persons resisting the custom-house officers in the exercise of their duties, or opposing or violating the embargo laws. He sincerely hopes that, during the short time which these restrictions are expected to continue, no other instances will take place of a crime of so deep a die. But it is made his duty to take the measures necessary to meet it. He therefore requests you, as commanding officer of the militia of your State, to appoint some officer of the militia, of known respect for the laws, in or near to each port of entry within your State, with orders, when applied to by the collector of the district, to assemble immediately a sufficient force of his militia, and to employ them efficaciously to maintain the authority of the laws respecting the embargo, and that you notify to each collector the officer to whom, by your appointment, he is so to apply for aid when necessary. He has referred this appointment to your Excellency, because your knowledge of characters, or means of obtaining it, will enable you to select one who can be most confided in to exercise so serious a power, with all the discretion, the forbearance, the kindness even, which the enforcement of the law will possibly admit,—ever to bear in mind that the life of a citizen is never to be endangered, but as the last melancholy effort for the maintenance of order and obedience to the laws.

TO MR. BOYD

Washington, January 20, 1809.

Thomas Jefferson presents his compliments to Mr. Boyd, and observes that the enclosed petition of Nicholas Kosieg, has been addressed to Judge Cranch, and yet is not recommended by him or the other judges who sat on the trial. They are so particularly qualified by having heard the evidence, to decide on the merits of the petition, that Thomas Jefferson has generally made the recommendation of judges the foundation of pardon, and sees no reason in the present case to depart from that rule. He assures Mr. Boyd of his esteem and respect.

TO HIS EXCELLENCY GOVERNOR TYLER

Washington, January 20, 1809.

Sir,—The Secretary at War has put into my hand your Excellency's letter of January 9th, covering one of December 15th from Captain Henry St. John Dixon, of the volunteer riflemen of the 105th regiment, offering the service of his company for one year. The term for which the offer is made shows it intended to be under the Act of Congress of February 24th, 1807, and not under that of March 30th, 1805, which is only for a service of six months under the law of 1807. The Governors were authorized and requested, on behalf of the President, to accept the offers made under that act, and to organize the corps when ready for it, officering it according to the laws of their State. This authority was given to your predecessor, and was considered as devolving on yourself. The authority and request are now renewed to you, and the letter of Captain Dixon returned for that purpose. To this I will add another request, that you will be so good as to endeavor to have a return made to the War Office of all the corps of twelve-month volunteers which have been accepted in Virginia. They began immediately after the attack on the Chesapeake. I salute you with esteem and respect.

TO COLONEL HUMPHREYS

Washington, January 20, 1809.

Sir,—I have to acknowledge the receipt of your favor of December 12th, and to return you my thanks for the cloth furnished me. It came in good time, and does honor to your manufactory, being as good as any one would wish to wear in any country. Amidst the pressure of evils with which the belligerent edicts have afflicted us, some permanent good will arise; the spring given to manufactures will have durable effects. Knowing most of my own State, I can affirm with confidence that were free intercourse opened again to-morrow, she would never again import one-half of the coarse goods which she has done down to the date of the edicts. These will be made in our families. For finer goods we must resort to the larger manufactories established in the towns. Some jealousy of this spirit of manufacture seems excited among commercial men. It would have been as just when we first began to make our own ploughs and hoes. They have certainly lost the profit of bringing these from a foreign country. My idea is that we should encourage home manufactures to the extent of our own consumption of everything of which we raise the raw material. I do not think it fair in the ship-owners to say we ought not to make our own axes, nails, &c., here, that they may have the benefit of carrying the iron to Europe, and bringing back the axes, nails, &c. Our agriculture will still afford surplus produce enough to employ a due proportion of navigation. Wishing every possible success to your undertaking, as well for your personal as the public benefit. I salute you with assurances of great esteem and respect.

TO MR. LEIPER

Washington, January 21, 1809.

Dear Sir,—Your letter of the 15th was duly received, and before that, Towers' book, which you had been so kind as to send me, had come to hand, for which I pray you to receive my thanks. You judge rightly that here I have no time to read. A cursory view of the book shows me that the author is a man of much learning in his line. I have heard of some other late writer, (the name I forget,) who has undertaken to prove contrary events from the same sources; and particularly that England is not to be put down; and that this is the favorite author in that country. As to myself, my religious reading has long been confined to the moral branch of religion, which is the same in all religions; while in that branch which consists of dogmas, all differ, all have a different set. The former instructs us how to live well and worthily in society; the latter are made to interest our minds in the support of the teachers who inculcate them. Hence, for one sermon on a moral subject, you hear ten on the dogmas of the sect. However, religion is not the subject for you and me; neither of us know the religious opinions of the other; that is a matter between our Maker and ourselves. We understand each other better in politics, to which therefore I will proceed. The House of Representatives passed last night a bill for the meeting of Congress on the 22d of May. This substantially decides the course they mean to pursue; that is, to let the embargo continue till then, when it will cease, and letters of marque and reprisal be issued against such nations as shall not then have repealed their obnoxious edicts. The great majority seem to have made up their minds on this, while there is considerable diversity of opinion on the details of preparation; to wit: naval force, volunteers, army, non-intercourse, &c. I write freely to you, because I know that in stating facts, you will not quote names. You know that every syllable uttered in my name becomes a text for the federalists to torment the public mind on by their paraphrases and perversions. I have lately inculcated the encouragement of manufactures to the extent of our own consumption at least, in all articles of which we raise the raw material. On this the federal papers and meetings have sounded the alarm of Chinese policy, destruction of commerce, &c.; that is to say, the iron which we make must not be wrought here into ploughs, axes, hoes, &c., in order that the ship-owner may have the profit of carrying it to Europe, and bringing it back in a manufactured form, as if after manufacturing our own raw materials for own use, there would not be a surplus produce sufficient to employ a due proportion of navigation in carrying it to market and exchanging it for those articles of which we have not the raw material. Yet this absurd hue and cry has contributed much to federalize New England, their doctrine goes to the sacrificing agriculture and manufactures to commerce; to the calling all our people from the interior country to the sea-shore to turn merchants, and to convert this great agricultural country into a city of Amsterdam. But I trust the good sense of our country will see that its greatest prosperity depends on a due balance between agriculture, manufactures and commerce, and not in this protuberant navigation which has kept us in hot water from the commencement of our government, and is now engaging us in war. That this may be avoided, if it can be done without a surrender of rights, is my sincere prayer. Accept the assurances of my constant esteem and respect.

TO COLONEL CHARLES SIMMS, COLLECTOR

Washington, January 22, 1809.

Sir,—I received last night your letter of yesterday, and this being a day in which all the offices are shut, and the case admitting no delay, I enclose you a special order, directly from myself, to apply for aid of the militia adjacent to the vessel, to enable you to do your duty as to the sloop loading with flour. But I must desire that, so far as the agency of the militia be employed, it may be with the utmost discretion, and with no act of force beyond what shall be necessary to maintain obedience to the laws, using neither deeds nor words unnecessarily offensive. I salute you with respect.

[The Order enclosed.]THOMAS JEFFERSON, PRESIDENT OF THE UNITED STATES OF AMERICAJanuary, 1809.

United States of America to wit,—Information being received that a sloop, said to be of one of the eastern States, of about 1,500 barrels burthen, is taking in flour in the Bay of Occoquan in Virginia, with intention to violate the several embargo laws, and the urgency of the case not admitting the delay of the ordinary course of proceeding through the orders of the Governors of the States, I have therefore thought proper to issue these my special orders to the militia officers of the counties of Fairfax, Prince William, or of any other county of Virginia, or of Maryland, adjacent to the river Potomak or any of its waters, wherein the said vessel may be found, and to such particular officer especially to whom these my orders shall be presented by any collector of the customs, for any district on the said river or its waters, or by any person acting under their authority, forthwith on receiving notice, to call out such portion of the militia under his or their command as shall be sufficient, and to proceed with the same, in aid of the said collector, to take possession of the said sloop and her cargo, wheresoever found in the said waters, and to detain the same until she shall be liberated according to law, for which this shall be his and their warrant.

Given under my hand at Washington, this 22d day of January, 1809.

TO COLONEL MONROE

Washington, January 28, 1809.

Dear Sir,—Your favor of the 18th was received in due time, and the answer has been delayed as well by a pressure of business, as by the expectation of your absence from Richmond.

The idea of sending a special mission to France or England is not entertained at all here. After so little attention to us from the former, and so insulting an answer from Canning, such a mark of respect as an extraordinary mission, would be a degradation against which all minds revolt here. The idea was hazarded in the House of Representatives a few days ago, by a member, and an approbation expressed by another, but rejected indignantly by every other person who spoke, and very generally in conversation by all others; and I am satisfied such a proposition would get no vote in the Senate. The course the Legislature means to pursue, may be inferred from the act now passed for a meeting in May, and a proposition before them for repealing the embargo in June, and then resuming and maintaining by force our right of navigation. There will be considerable opposition to this last proposition, not only from the federalists, old and new, who oppose everything, but from sound members of the majority. Yet it is believed it will obtain a good majority, and that it is the only proposition which can be devised that could obtain a majority of any kind. Final propositions will, therefore, be soon despatched to both the belligerents through the resident ministers, so that their answers will be received before the meeting in May, and will decide what is to be done. This last trial for peace is not thought desperate. If, as is expected, Bonaparte should be successful in Spain, however every virtuous and liberal sentiment revolts at it, it may induce both powers to be more accommodating with us. England will see here the only asylum for her commerce and manufactures, worth more to her than her orders of council. And Bonaparte, having Spain at his feet, will look immediately to the Spanish colonies, and think our neutrality cheaply purchased by a repeal of the illegal parts of his decrees, with perhaps the Floridas thrown into the bargain. Should a change in the aspect of affairs in Europe produce this disposition in both powers, our peace and prosperity may be revived and long continue. Otherwise, we must again take the tented field, as we did in 1776 under more inauspicious circumstances.