Your favor of the 15th came to hand on the 25th of June, and conveyed

a great deal of that information which I am anxious to receive. The

consolidation of our fellow-citizens in general is the great object we

ought to keep in view; and that being once obtained, while we

associate with us in affairs, to a certain degree, the federal sect

of republicans, we must strip of all the means of influence the Essex

junto, and their associate monocrats in every part of the Union. The

former differ from us only in the shades of power to be given to the

executive, being, with us, attached to republican government. The latter

wish to sap the republic by fraud, if they cannot destroy it by force,

and to erect an English monarchy in its place; some of them (as Mr.

Adams) thinking its corrupt parts should be cleansed away, others (as

Hamilton) thinking that would make it an impracticable machine. We are

proceeding gradually in the regeneration of offices, and introducing

republicans to some share in them. I do not know that it will be pushed

further than was settled before you went away, except as to Essex men.

I must ask you to make out a list of those in office in yours and the

neighboring States, and to furnish me with it. There is little of

this spirit south of the Hudson. I understand that Jackson is a very

determined one, though in private life amiable and honorable. But

amiable monarchists are not safe subjects of republican confidence.

What will be the effect of his removal? How should it be timed? Who his

successor? What place can General Lyman properly occupy? Our gradual

reformations seem to produce good effects every where except in

Connecticut. Their late session of legislature has been more intolerant

than all others. We must meet them with equal intolerance. When they

will give a share in the State offices, they shall be replaced in a

share of the General offices. Till then we must follow their example.

Mr. Goodrich’s removal has produced a bitter remonstrance, with much

personality against the two Bishops. I am sincerely sorry to see the

inflexibility of the federal spirit there, for I cannot believe they are

all monarchists.

I observe your tory papers make much of the Berceau. As that is one of

the subjects to be laid before Congress, it is material to commit to

writing, while fresh in memory, the important circumstances. You possess

more of these than any other person. I pray you, therefore, immediately

to state to me all the circumstances you recollect. I will aid you with

the following hints, which you can correct and incorporate. Pichon, I

think, arrived about the 12th of March. I do not remember when he first

proposed the question about the Insurgente and Berceau. On the 20th of

March, Mr. Stoddart wrote to his agent at Boston to put the Berceau

into handsome order to be restored, but whether he did that of his own

accord, or after previous consultation with you or myself, I do not

recollect. I set out for Monticello April the 1st. About that time

General Smith sent new directions to put her precisely into the state in

which she was before the capture. Do you recollect from what fund it

was contemplated to do this? I had trusted for this to Stoddart who was

familiar with all the funds, being myself entirely new in office at that

time. What will those repairs have cost? Did we not leave to Le Tombe to

make what allowance he thought proper to the officers, we only advancing

money on his undertaking repayment? I shall hope to receive from you as

full a statement as you can make. It may be useful to inquire into the

time and circumstances of her being dismantled. When you shall have

retraced the whole matter in your memory, would it not be well to make

a summary statement of the important circumstances for insertion in the

Chronicle in order to set the minds of the candid part of the public to

rights? Mr. Madison has had a slight bilious attack. I am advising

him to get off by the middle of this month. We who have stronger

constitutions shall stay to the end of it. But during August and

September, we also must take refuge in climates rendered safer by our

habits and confidence. The post will be so arranged as that letters will

go hence to Monticello, and the answer return here in a week. I hope I

shall continue to hear from you there.

Accept assurances of my affectionate esteem and high respect.

Th: Jefferson.

P. S. The French convention was laid before the Senate December the

16th. I think the Berceau arrived afterwards. If so, she was dismantled

when it was known she was to be restored. When did she arrive? By whose

orders was she dismantled? T.J.

LETTER CCLXXXVII.--TO GOVERNOR MONROE, July 11, 1801

TO GOVERNOR MONROE.

Washington, July 11, 1801.

Dear Sir,

As to the mode of correspondence between the general and particular

executives, I do not think myself a good judge. Not because my position

gives me any prejudice on the occasion; for if it be possible to

be certainly conscious of any thing, I am conscious of feeling no

difference between writing to the highest and lowest being on earth; but

because I have ever thought that forms should yield to whatever should

facilitate business. Comparing the two governments together, it is

observable that in all those cases where the independent or reserved

rights of the States are in question, the two executives, if they are

to act together, must be exactly co-ordinate; they are, in these cases,

each the supreme head of an independent government. In other cases, to

wit, those transferred by the constitution to the General Government,

the general executive is certainly pre-ordinate; e.g. in a question

respecting the militia, and others easily to be recollected. Were there,

therefore, to be a stiff adherence to etiquette, I should say that in

the former cases the correspondence should be between the two heads, and

that in the latter, the Governor must be subject to receive orders from

the war department as any other subordinate officer would. And were it

observed that either party set up unjustifiable pretensions, perhaps

the other might be right in opposing them by a tenaciousness of his

own rigorous rights. But I think the practice in General Washington’s

administration was most friendly to business, and was absolutely

equal; sometimes he wrote to the Governors, and sometimes the heads of

departments wrote. If a letter is to be on a general subject, I see

no reason why the President should not write; but if it is to go into

details, these being known only to the head of the department, it is

better he should write directly. Otherwise, the correspondence must

involve circuities. If this be practised promiscuously in both classes

of cases, each party setting examples of neglecting etiquette, both will

stand on equal ground, and convenience alone will dictate through whom

any particular communication is to be made. On the whole, I think a free

correspondence best, and shall never hesitate to write myself to the

Governors, in every federal case, where the occasion presents itself to

me particularly. Accept assurances of my sincere and constant affection

and respect.

Th: Jefferson,

LETTER CCLXXXVIII.--TO A COMMITTEE OF MERCHANTS, July 12, 1801

_To Elias Shipman and Others, a Committee of the Merchants of New

Haven_.

Washington, July 12, 1801.

Gentlemen,

I have received the remonstrance you were pleased to address to me,

on the appointment of Samuel Bishop to the office of Collector of New

Haven, lately vacated by the death of David Austin. The right of our

fellow-citizens to represent to the public functionaries their opinion

on proceedings interesting to them, is unquestionably a constitutional

right, often useful, sometimes necessary, and will always be

respectfully acknowledged by me.

Of the various executive duties, no one excites more anxious concern

than that of placing the interests of our fellow-citizens in the hands

of honest men, with understandings sufficient for their stations. No

duty, at the same time, is more difficult to fulfil. The knowledge of

characters possessed by a single individual is, of necessity, limited.

To seek out the best through the whole Union, we must resort to other

information, which from the best of men, acting disinterestedly and

with the purest motives, is sometimes incorrect. In the case of Samuel

Bishop, however, the subject of your remonstrance, time was taken,

information was sought, and such obtained as could leave no room for

doubt of his fitness. From private sources it was learned that his

understanding was sound, his integrity pure, his character unstained.

And the offices, confided to him within his own State, are public

evidences of the estimation in which he is held by the State in general,

and the city and township particularly in which he lives. He is said

to be the town clerk, a justice of the peace, mayor of the city of New

Haven, an office held at the will of the legislature, chief judge of the

court of common pleas for New Haven county, a court of high criminal and

civil jurisdiction, wherein most causes are decided without the right

of appeal or review, and sole judge of the court of probate, wherein he

singly decides all questions of wills, settlement of estates, testate

and intestate, appoints guardians, settles their accounts, and in fact

has under his jurisdiction and care all the property, real and personal,

of persons dying. The two last offices, in the annual gift of the

legislature, were given to him in May last. Is it possible that the man

to whom the legislature of Connecticut has so recently committed trusts

of such difficulty and magnitude, is ‘unfit to be the collector of the

district of New Haven,’ though acknowledged in the same writing, to

have obtained all this confidence ‘by a long life of usefulness?’ It is

objected, indeed, in the remonstrance, that he is seventy-seven years of

age; but at a much more advanced age, our Franklin was the ornament of

human nature. He may not be able to perform in person, all the details

of his office; but if he gives us the benefit of his understanding, his

integrity, his watchfulness, and takes care that all the details are

well performed by himself or his necessary assistants, all public

purposes will be answered. The remonstrance, indeed, does not allege

that the office has been illy conducted, but only apprehends that it

will be so. Should this happen in event, be assured I will do in it what

shall be just and necessary for the public service. In the mean time, he

should be tried without being prejudged.

The removal, as it is called, of Mr. Goodrich, forms another subject

of complaint. Declarations by myself in favor of political tolerance,

exhortations to harmony and affection in social intercourse, and

to respect for the equal rights of the minority, have, on certain

occasions, been quoted and misconstrued into assurances that the

tenure of offices was to be undisturbed. But could candor apply such a

construction? It is not indeed in the remonstrance that we find it;

but it leads to the explanations which that calls for. When it is

considered, that during the late administration, those who were not of

a particular sect of politics were excluded from all office; when, by a

steady pursuit of this measure, nearly the whole offices of the United

States were monopolized by that sect; when the public sentiment at

length declared itself, and burst open the doors of honor and confidence

to those whose opinions they more approved; was it to be imagined that

this monopoly of office was still to be continued in the hands of the

minority? Does it violate their equal rights, to assert some rights in

the majority also? Is it political intolerance to claim a proportionate

share in the direction of the public affairs? Can they not harmonize in

society unless they have every thing in their own hands? If the will

of the nation, manifested by their various elections, calls for an

administration of government according with the opinions of those

elected; if, for the fulfilment of that will, displacements are

necessary, with whom can they so justly begin as with persons appointed

in the last moments of an administration, not for its own aid, but to

begin a career at the same time with their successors, by whom they had

never been approved, and who could scarcely expect from them a cordial

co-operation? Mr Goodrich was one of these. Was it proper for him to

place himself in office, without knowing whether those whose agent he

was to be, would have confidence in his agency? Can the preference of

another as the successor to Mr. Austin, be candidly called a removal of

Mr. Goodrich? If a due participation of office is a matter of right,

how are vacancies to be obtained? Those by death are few; by resignation

none. Can any other mode than that of removal be proposed? This is a

painful office. But it is made my duty, and I meet it as such. I proceed

in the operation with deliberation and inquiry, that it may injure the

best men least, and effect the purposes of justice and public utility

with the least private distress; that it may be thrown, as much

as possible, on delinquency, on oppression, on intolerance, on

anti-revolutionary adherence to our enemies.

The remonstrance laments ‘that a change in the administration must

produce a change in the subordinate officers;’ in other words, that

it should be deemed necessary for all officers to think with their

principal? But on whom does this imputation bear? On those who have

excluded from office every shade of opinion which was not theirs? Or

on those who have been so excluded? I lament sincerely that unessential

differences of opinion should ever have been deemed sufficient to

interdict half the society from, the rights and the blessings of

self-government, to proscribe them as unworthy of every trust. It would

have been to me a circumstance of great relief, had I found a moderate

participation of office in the hands of the majority. I would gladly

have left to time and accident to raise them to their just share. But

their total exclusion calls for prompter corrections. I shall correct

the procedure: but that done, return with joy to that state of things,

when the only questions concerning a candidate shall be, Is he honest?

Is he capable? Is he faithful to the constitution?

I tender you the homage of my high respect.

Th: Jefferson.

LETTER CCLXXXIX.--TO LEVI LINCOLN, August 26, 1801

TO LEVI LINCOLN.

Monticello, August 26, 1801.

Dear Sir,

Your favor of July the 28th was received here on the 20th instant. The

superscription of my letter of July the 11th, by another hand, was to

prevent danger to it from the curious. Your statement respecting

the Berceau coincided with my own recollection, in the circumstances

recollected by me, and I concur with you in supposing it may not now

be necessary to give any explanations on the subject in the papers. The

purchase was made by our predecessors, and the repairs begun by them.

Had she been to continue ours, we were authorized to put and keep her in

good order out of the fund of the naval contingencies, and when in good

order, we obeyed a law of the land, the treaty, in giving her up. It

is true the treaty was not ratified; but when ratified it is validated

retrospectively. We took on ourselves this risk, but France had put more

into our hands on the same risk. I do not know whether the clamor, as

to the allowance to the French officers of their regular pay, has

been rectified by a statement that it was on the request of the French

Consul, and his promise to repay it. So that they cost the United

States, on this arrangement, nothing.

I am glad to learn from you that the answer to New Haven had a good

effect in Massachusetts on the republicans, and no ill effects on

the sincere federalists. I had foreseen, years ago, that the first

republican President who should come into office after all the places

in the government had become exclusively occupied by federalists, would

have a dreadful operation to perform. That the republicans would

consent to a continuation of every thing in federal hands, was not to be

expected, because neither just nor politic. On him then was to devolve

the office of an executioner, that of lopping off. I cannot say that it

has worked harder than I expected. You know the moderation of our views

in this business, and that we all concurred in them. We determined to

proceed with deliberation. This produced impatience in the republicans,

and a belief we meant to do nothing. Some occasion of public explanation

was eagerly desired, when the New Haven remonstrance offered us that

occasion. The answer was meant as an explanation to our friends. It

has had on them, everywhere, the most wholesome effect. Appearances of

schismatizing from us have been entirely done away. I own I expected

it would check the current, with which the republican federalists were

returning to their brethren, the republicans. I extremely lamented this

effect. For the moment which should convince me that a healing of

the nation into one, is impracticable, would be the last moment of my

wishing to remain where I am. (Of the monarchical federalists, I have no

expectations. They are incurables, to be taken care of in a mad-house

if necessary, and on motives of charity.) I am much pleased, therefore,

with your information that the republican federalists are still coming

in to the desired union. The eastern newspapers had given me a different

impression, because I supposed the printers knew the taste of their

customers, and cooked their dishes to their palates. The Palladium is

understood to be the clerical paper, and from the clergy I expect no

mercy. They crucified their Savior who preached that their kingdom was

not of this world, and all who practise on that precept must expect the

extreme of their wrath. The laws of the present day withhold their hands

from blood. But lies and slander still remain to them.

I am satisfied that the heaping of abuse on me personally, has been with

the design and the hope of provoking me to make a general sweep of all

federalists out of office. But as I have carried no passion into the

execution of this disagreeable duty, I shall suffer none to be excited.

The clamor which has been raised will not provoke me to remove one more,

nor deter me from removing one less, than if not a word had been said on

the subject. In Massachusetts you may be assured, great moderation will

be used. Indeed, Connecticut, New York, New Jersey, Pennsylvania, and

Delaware are the only States where any thing considerable is desired. In

the course of the summer all which is necessary will be done; and we may

hope that this cause of offence being at an end, the measures we shall

pursue and propose for the amelioration of the public affairs, will

be so confessedly salutary as to unite all men not monarchists in

principle.

We have considerable hopes of republican Senators from South Carolina,

Maryland, and Delaware, and some as to Vermont. In any event we are

secure of a majority in the Senate; and consequently that there will be

a concert of action between the legislature and executive. The removal

of excrescences from the judiciary, is the universal demand. We propose

to re-assemble at Washington on the last day of September. Accept

assurances of my affectionate esteem and high respect.

Th: Jefferson.

LETTER CCXC.--TO ROBERT R. LIVINGSTON, September 9, 1801

TO ROBERT R. LIVINGSTON.

Monticello, September 9, 1801.

Dear Sir,

You will receive, probably by this post, from the Secretary of State,

his final instructions for your mission to France. We have not thought

it necessary to say any thing in them on the great question of the

maritime law of nations, which at present agitates Europe, that is to

say, whether free ships shall make free goods; because we do not mean to

take any side in it during the war. But as I had before communicated to

you some loose thoughts on that subject, and have since considered it

with somewhat more attention, I have thought it might be useful that you

should possess my ideas in a more matured form than that in which they

were before given. Unforeseen circumstances may perhaps oblige you to

hazard an opinion on some occasion or other, on this subject, and it is

better that it should not be at variance with Ours. I write this

too, myself, that it may not be considered as official, but merely

my individual opinion, unadvised by those official counsellors whose

opinions I deem my safest guide, and should unquestionably take in form

were circumstances to call for a solemn decision of the question.

When Europe assumed the general form in which it is occupied by the

nations now composing it, and turned its attention to maritime commerce,

we find among its earliest practices, that of taking the goods of an

enemy from the ship of a friend; and that into this practice every

maritime State went sooner or later, as it appeared on the theatre of

the ocean. If, therefore, we are to consider the practice of nations as

the sole and sufficient evidence of the law of nature among nations, we

should unquestionably place this principle among those of the natural

laws. But its inconveniences, as they affected neutral nations peaceably

pursuing their commerce, and its tendency to embroil them with the

powers happening to be at war, and thus to extend the flames of war,

induced nations to introduce by special compacts, from time to time, a

more convenient rule; that ‘free ships should make free goods’: and

this latter principle has by every maritime nation of Europe been

established, to a greater or less degree, in its treaties with other

nations; insomuch, that all of them have, more or less frequently,

assented to it, as a rule of action in particular cases. Indeed, it is

now urged, and I think with great appearance of reason, that this is

the genuine principle dictated by national morality; and that the first

practice arose from accident, and the particular convenience of the

States [* Venice and Genoa] which first figured on the water, rather

than from well digested reflections on the relations of friend and

enemy, on the rights of territorial jurisdiction, and on the dictates of

moral law applied to these. Thus it had never been supposed lawful, in

the territory of a friend to seize the goods of an enemy. On an element

which nature has not subjected to the jurisdiction of any particular

nation, but has made common to all for the purposes to which it is

fitted, it would seem that the particular portion of it which happens

to be occupied by the vessel of any nation, in the course of its voyage,

is, for the moment, the exclusive property of that nation, and, with

the vessel, is exempt from intrusion by any other, and from its

jurisdiction, as much as if it were lying in the harbor of its

sovereign. In no country, we believe, is the rule otherwise, as to

the subjects of property common to all. Thus the place occupied by an

individual in a highway, a church, a theatre, or other public assembly,

cannot be intruded on, while its occupant holds it for the purposes of

its institution. The persons on board a vessel traversing the ocean,

carrying with them the laws of their nation, have among themselves a

jurisdiction, a police, not established by their individual will, but

by the authority of their nation, of whose territory their vessel still

seems to compose a part, so long as it does not enter the exclusive

territory of another. No nation ever pretended a right to govern by

their laws the ships of another nation navigating the ocean. By what law

then can it enter that ship while in peaceable and orderly use of the

common element? We recognise no natural precept for submission to such

a right; and perceive no distinction between the movable and immovable

jurisdiction of a friend, which would authorize the entering the one and

not the other, to seize the property of an enemy.

It may be objected that this proves too much, as it proves you cannot

enter the ship of a friend to search for contraband of war. But this is

not proving too much. We believe the practice of seizing what is called

contraband of war, is an abusive practice, not founded in natural right.

War between two nations cannot diminish the rights of the rest of

the world remaining at peace. The doctrine that the rights of nations

remaining quietly in the exercise of moral and social duties, are to

give way to the convenience of those who prefer plundering and murdering

one another, is a monstrous doctrine; and ought to yield to the more

rational law, that ‘the wrong which two nations endeavor to inflict on

each other, must not infringe on the rights or conveniences of those

remaining at peace.’ And what is contraband, by the law of nature?

Either every thing which may aid or comfort an enemy, or nothing. Either

all commerce which would accommodate him is unlawful, or none is.

The difference between articles of one or another description, is a

difference in degree only. No line between them can be drawn. Either

all intercourse must cease between neutrals and belligerents, or all be

permitted. Can the world hesitate to say which shall be the rule?

Shall two nations turning tigers, break up in one instant the peaceable

relations of the whole world? Reason and nature clearly pronounce that

the neutral is to go on in the enjoyment of all its rights, that its

commerce remains free, not subject to the jurisdiction of another,

nor consequently its vessels to search, or to inquiries whether their

contents are the property of an enemy, or are of those which have been

called contraband of war.

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