entering a blockaded port. This right stands on other ground. When the
fleet of any nation actually beleaguers the port of its enemy, no other
has a right to enter their line, any more than their line of battle in
the open sea, or their lines of circumvallation, or of encampment, or
of battle-array on land. The space included within their lines in any
of those cases, is either the property of their enemy, or it is common
property assumed and possessed for the moment, which cannot be intruded
on, even by a neutral, without committing the very trespass we are now
considering, that of intruding into the lawful possession of a friend.
Although I consider the observance of these principles as of great
importance to the interests of peaceable nations, among whom I hope the
United States will ever place themselves, yet in the present state of
things they are not worth a war. Nor do I believe war the most certain
means of enforcing them. Those peaceable coercions which are in the
power of every nation, if undertaken in concert and in time of peace,
are more likely to produce the desired effect.
The opinions I have here given, are those which have generally been
sanctioned by our government. In our treaties with France, the United
Netherlands, Sweden, and Prussia, the principle of free bottom, free
goods, was uniformly maintained. In the instructions of 1784, given
by Congress to their Ministers appointed to treat with the nations of
Europe generally, the same principle, and the doing away contraband
of war, were enjoined, and were acceded to in the treaty signed
with Portugal. In the late treaty with England, indeed, that power
perseveringly refused the principle of free bottoms, free goods; and it
was avoided in the late treaty with Prussia, at the instance of our
then administration, lest it should seem to take side in a question
then threatening decision by the sword. At the commencement of the war
between France and England, the representative of the French republic
then residing in the United States, complaining that the British armed
ships captured French property in American bottoms, insisted that the
principle of ‘free bottoms, free goods,’ was of the acknowledged law of
nations; that the violation of that principle by the British was a wrong
committed on us, and such an one as we ought to repel by joining in the
war against that country. We denied his position, and appealed to the
universal practice of Europe, in proof that the principle of ‘free
bottoms, free goods,’ was not acknowledged as of the natural law of
nations, but only of its conventional law. And I believe we may safely
affirm, that not a single instance can be produced where any nation of
Europe, acting professedly under the law of nations alone, unrestrained
by treaty, has, either by its executive or judiciary organs, decided
on the principle of ‘free bottoms, free goods.’ Judging of the law of
nations by what has been practised among nations, we were authorized
to say that the contrary principle was their rule, and this but an
exception to it, introduced by special treaties in special cases only;
that having no treaty with England substituting this instead of the
ordinary rule, we had neither the right nor the disposition to go to war
for its establishment. But though we would not then, nor will we now,
engage in war to establish this principle, we are nevertheless sincerely
friendly to it. We think that the nations of Europe have originally set
out in error; that experience has proved the error oppressive to the
rights and interests of the peaceable part of mankind; that every nation
but one has acknowledged this, by consenting to the change, and that one
has consented in particular cases; that nations have a right to correct
an erroneous principle, and to establish that which is right as their
rule of action; and if they should adopt measures for effecting this in
a peaceable way, we shall wish them success, and not stand in their way
to it. But should it become, at any time, expedient for us to co-operate
in the establishment of this principle, the opinion of the executive,
on the advice of its constitutional counsellors, must then be given;
and that of the legislature, an independent and essential organ in
the operation, must also be expressed; in forming which, they will be
governed, every man by his own judgment, and may, very possibly, judge
differently from the executive. With the same honest views, the most
honest men often form different conclusions. As far, however, as we can
judge, the principle of ‘free bottoms, free goods,’ is that which would
carry the wishes of our nation.
Wishing you smooth seas and prosperous gales, with the enjoyment of good
health, I tender you the assurances of my constant friendship and high
consideration and respect.
Th: Jefferson
LETTER CCXCI.--TO WILLIAM SHORT, October 3, 1801
TO WILLIAM SHORT.
Washington, October 3, 1801.
Dear Sir,
I trusted to Mr. Dawson to give you a full explanation, verbally, on
a subject which I find he has but slightly mentioned to you. I shall
therefore now do it. When I returned from France, after an absence of
six or seven years, I was astonished at the change which I found had
taken place in the United States in that time. No more like the same
people; their notions, their habits and manners, the course of their
commerce, so totally changed, that I, who stood in those of 1784, found
myself not at all qualified to speak their sentiments, or forward their
views in 1790. Very soon, therefore, after entering on the office of
Secretary of State, I recommended to General Washington to establish
as a rule of practice, that no person should be continued on foreign
mission beyond an absence of six, seven, or eight years. He approved it.
On the only subsequent Missions which took place in my time, the persons
appointed were notified that they could not be continued beyond that
period. All returned within it except Humphreys. His term was not
quite out when General Washington went out of office. The succeeding
administration had no rule for any thing: so he continued. Immediately
on my coming to the administration, I wrote to him myself, reminded him
of the rule I had communicated to him on his departure; that he had then
been absent about eleven years, and consequently must return. On
this ground solely he was superseded. Under these circumstances, your
appointment was impossible after an absence of seventeen years. Under
any others, I should never fail to give to yourself and the world proofs
of my friendship for you, and of my confidence in you. Whenever you
shall return, you will be sensible in a greater, of what I was in a
smaller degree, of the change in this nation from what it was when we
both left it in 1784. We return like foreigners, and, like them, require
a considerable residence here to become Americanized.
The state of political opinion continues to return steadily towards
republicanism. To judge from the opposition papers, a stranger would
suppose that a considerable check to it had been produced by certain
removals of public officers. But this is not the case. All offices
were in the hands of the federalists. The injustice of having totally
excluded republicans was acknowledged by every man. To have removed one
half, and to have placed republicans in their stead, would have been
rigorously just, when it was known that these composed a very great
majority of the nation. Yet such was their moderation in most of the
States that they did not desire it. In these, therefore, no removals
took place but for malversation. In the middle States the contention had
been higher, spirits were more sharpened and less accommodating. It was
necessary in these to practise a different treatment, and to make a few
changes to tranquillize the injured party. A few have been made there,
a very few still remain to be made. When this painful operation shall be
over, I see nothing else ahead of us which can give uneasiness to any of
our citizens, or retard that consolidation of sentiment so essential to
our happiness and our strength. The tory papers will still find fault
with every thing. But these papers are sinking daily, from their
dissonance with the sentiments of their subscribers, and very few will
shortly remain to keep up a solitary and ineffectual barking.
There is no point in which an American, long absent from his country,
wanders so widely from its sentiments as on the subject of its foreign
affairs. We have a perfect horror at every thing like connecting
ourselves with the politics of Europe. It would indeed be advantageous
to us to have neutral rights established on a broad ground; but no
dependence can be placed in any European coalition for that. They have
so many other by-interests of greater weight, that some one or other
will always be bought off. To be entangled with them would be a much
greater evil than a temporary acquiescence in the false principles which
have prevailed. Peace is our most important interest, and a recovery
from debt. We feel ourselves strong, and daily growing stronger. The
census just now concluded, shows we have added to our population a third
of what it was ten years ago. This will be a duplication in twenty three
or twenty-four years. If we can delay but for a few years the necessity
of vindicating the laws of nature on the ocean, we shall be the more
sure of doing it with effect. The day is within my time as well as
yours, when we may say by what laws other nations shall treat us on the
sea. And we will say it. In the meantime, we wish to let every treaty
we have drop off without renewal. We call in our diplomatic missions,
barely keeping up those to the most important nations. There is a
strong disposition in our countrymen to discontinue even these; and
very possibly it may be done. Consuls will be continued as usual. The
interest which European nations feel, as well as ourselves, in the
mutual patronage of commercial intercourse, is a sufficient stimulus
on both sides to insure that patronage. A treaty, contrary to that
interest, renders war necessary to get rid of it.
I send this by Chancellor Livingston, named to the Senate the day after
I came into office, as our Minister Plenipotentiary to France. I have
taken care to impress him with the value of your society. You will find
him an able and honorable man; unfortunately, so deaf that he will have
to transact all his business by writing. You will have known long ago,
that Mr. Skipwith is reinstated in his consulship, as well as some
others who had been set aside. I recollect no domestic news interesting
to you. Your letters to your brother have been regularly transmitted,
and I lately forwarded one from him, to be carried you by Mr.
Livingston.
Present my best respects to our amiable and mutual friend, and accept
yourself assurances of my sincere and constant affection.
Th: Jefferson.
LETTER CCXCII.--TO THE HEADS OF THE DEPARTMENTS, November 6, 1801
_Circular to the Heads of the Departments, and private_.
Washington, November 6, 1801.
Dear Sir,
Coming all of us into executive office, new, and unfamiliar with the
course of business previously practised, it was not to be expected, we
should, in the first outset, adopt in every part a line of proceeding so
perfect as to admit no amendment. The mode and degrees of communication,
particularly between the President and heads of departments, have not
been practised exactly on the same scale in all of them. Yet it would
certainly be more safe and satisfactory for ourselves as well as the
public, that not only the best, but also an uniform course of proceeding
as to manner and degree, should be observed. Having been a member of
the first administration under General Washington, I can state with
exactness what our course then was. Letters of business came addressed
sometimes to the President, but most frequently to the heads of
departments. If addressed to himself, he referred them to the proper
department to be acted on: if to one of the secretaries, the letter, if
it required no answer, was communicated to the President, simply for his
information. If an answer was requisite, the secretary of the department
communicated the letter and his proposed answer to the President.
Generally they were simply sent back after perusal; which signified
his approbation. Sometimes he returned them with an informal note,
suggesting an alteration or a query. If a doubt of any importance arose,
he reserved it for conference. By this means, he was always in accurate
possession of all facts and proceedings in every part of the Union, and
to whatsoever department they related; he formed a central point for the
different branches; preserved an unity of object and action among them;
exercised that participation in the gestion of affairs which his office
made incumbent on him; and met himself the due responsibility for
whatever was done. During Mr. Adams’s administration, his long and
habitual absences from the seat of government, rendered this kind
of communication impracticable, removed him from any share in the
transaction of affairs, and parcelled out the government, in fact, among
four independent heads, drawing sometimes in opposite directions. That
the former is preferable to the latter course, cannot be doubted. It
gave, indeed, to the heads of departments the trouble of making up,
once a day, a packet of all their communications for the perusal of the
President; it commonly also retarded one day their despatches by mail.
But in pressing cases, this injury was prevented by presenting that case
singly for immediate attention; and it produced us in return the
benefit of his sanction for every act we did. Whether any change of
circumstances may render a change in this procedure necessary, a little
experience will show us. But I cannot withhold recommending to the
heads of departments, that we should adopt this course for the present,
leaving any necessary modifications of it to time and trial. I am sure
my conduct must have proved, better than a thousand declarations would,
that my confidence in those whom I am so happy as to have associated
with me, is unlimited, unqualified, and unabated. I am well satisfied
that every thing goes on with a wisdom and rectitude which I could not
improve. If I had the universe to choose from, I could not change one
of my associates to my better satisfaction. My sole motives are those
before expressed, as governing the first administration in chalking out
the rules of their proceeding; adding to them only a sense of obligation
imposed on me by the public will, to meet personally the duties to
which they have appointed me. If this mode of proceeding shall meet
the approbation of the heads of departments, it may go into execution
without giving them the trouble of an answer: if any other can be
suggested which would answer our views and add less to their labors,
that will be a sufficient reason for my preferring it to my own
proposition, to the substance of which only, and not the form, I attach
any importance.
Accept for yourself particularly, my Dear Sir, assurances of my constant
and sincere affection and respect.
Th: Jefferson.
LETTER CCXCIII.--TO JOHN DICKINSON, December 19, 1801
TO JOHN DICKINSON.
Washington, December 19, 1801.
Dear Sir,
The approbation of my ancient friends is above all things the most
grateful to my heart. They know for what objects we relinquished the
delights of domestic society, tranquillity, and science, and committed
ourselves to the ocean of revolution, to wear out the only life God
has given us here, in scenes, the benefits of which will accrue only
to those who follow us. Surely we had in view to obtain the theory and
practice of good government; and how any, who seemed so ardent in this
pursuit, could as shamelessly have apostatized, and supposed we meant
only to put our government into other hands, but not other forms, is
indeed wonderful. The lesson we have had will probably be useful to the
people at large, by showing to them how capable they are of being
made the instruments of their own bondage. A little more prudence and
moderation in those who had mounted themselves on their fears, and it
would have been long and difficult to unhorse them. Their madness had
done in three years what reason alone acting against them would not have
effected in many; and the more, as they might have gone on forming new
entrenchments for themselves from year to year. My great anxiety at
present is, to avail ourselves of our ascendency to establish good
principles, and good practices: to fortify republicanism behind as many
barriers as possible, that the outworks may give time to rally and save
the citadel, should that be again in danger. On their part, they have
retired into the judiciary as a strong hold. There the remains of
federalism are to be preserved and fed from the treasury, and from that
battery all the works of republicanism are to be beaten down and
erased. By a fraudulent use of the constitution, which has made judges
irremovable, they have multiplied useless judges merely to strengthen
their phalanx.
You will perhaps have been alarmed, as some have been, at the
proposition to abolish the whole of the internal taxes. But it is
perfectly safe. They are under a million of dollars, and we can
economize the government two or three millions a year. The impost alone
gives us ten or eleven millions annually, increasing at a compound ratio
of six and two thirds per cent, per annum, and consequently doubling
in ten years. But leaving that increase for contingencies, the present
amount will support the government, pay the interest of the public debt,
and discharge the principal in fifteen years. If the increase proceeds,
and no contingencies demand it, it will pay off the principal in a
shorter time. Exactly one half of the public debt, to wit, thirty-seven
millions of dollars, is owned in the United States. That capital then
will be set afloat, to be employed in rescuing our commerce from the
hands of foreigners, or in agriculture, canals, bridges, or other useful
enterprises. By suppressing at once the whole internal taxes, we abolish
three fourths of the offices now existing, and spread over the land.
Seeing the interest you take in the public affairs, I have indulged
myself in observations flowing from a sincere and ardent desire of
seeing our affairs put into an honest and advantageous train. Accept
assurances of my constant and affectionate esteem and high respect.
Th: Jefferson.
LETTER CCXCIV.--TO ALBERT GALLATIN, April 1,1802
TO ALBERT GALLATIN.
Washington, April 1,1802.
Dear Sir,
I have read and considered your report on the operations of the sinking
fund, and entirely approve of it, as the best plan on which we can set
out. I think it an object of great importance, to be kept in view and
to be undertaken at a fit season, to simplify our system of finance, and
bring it within the comprehension of every member of Congress. Hamilton
set out on a different plan. In order that he might have the entire
government of his machine, he determined so to complicate it as that
neither the President nor Congress should be able to understand it, or
to control him. He succeeded in doing this, not only beyond their reach,
but so that he at length could not unravel it himself. He gave to the
debt, in the first instance, in funding it, the most artificial and
mysterious form he could devise. He then moulded up his appropriations
of a number of scraps and remnants, many of which were nothing at all,
and applied them to different objects in reversion and remainder, until
the whole system was involved in impenetrable fog; and while he was
giving himself the airs of providing for the payment of the debt, he
left himself free to add to it continually, as he did in fact, instead
of paying it. I like your idea of kneading all his little scraps and
fragments into one batch, and adding to it a complementary sum, which,
while it forms it into a single mass from which every thing is to be
paid, will enable us, should a breach of appropriation ever be charged
on us, to prove that the sum appropriated, and more, has been applied to
its specific object.
But there is a point beyond this, on which I should wish to keep my
eye, and to which I should aim to approach by every tack which previous
arrangements force on us. That is, to form into one consolidated mass
all the monies received into the treasury, and to marshal the several
expenditures, giving them a preference of payment according to the order
in which they should be arranged. As for example. 1. The interest of
the public debt. 2. Such portions of principal as are exigible. 3. The
expenses of government. 4. Such other portions of principal as, though
not exigible, we are still free to pay when we please. The last object
might be made to take up the residuum of money remaining in the treasury
at the end of every year, after the three first objects were complied
with, and would be the barometer whereby to test the economy of the
administration. It would furnish a simple measure by which every one
could mete their merit, and by which every one could decide when
taxes were deficient or superabundant. If to this can be added a
simplification of the form of accounts in the treasury department, and
in the organization of its officers, so as to bring every thing to a
single centre, we might hope to see the finances of the Union as
clear and intelligible as a merchant’s books, so that every member of
Congress, and every man of any mind in the Union, should be able to
comprehend them, to investigate abuses, and consequently to control
them. Our predecessors have endeavored by intricacies of system, and
shuffling the investigator over from one officer to another, to
cover every thing from detection, I hope we shall go in the contrary
direction, and that, by our honest and judicious reformations, we may be
able, within the limits of our time, to bring things back to that simple
and intelligible system, on which they should have been organized at
first.
I have suggested only a single alteration in the report, which is merely
verbal and of no consequence. We shall now get rid of the commissioner
of the internal revenue, and superintendant of stamps. It remains to
amalgamate the comptroller and auditor into one, and reduce the register
to a clerk of accounts; and then the organization will consist, as it
should at first, of a keeper of money, a keeper of accounts, and the
head of the department. This constellation of great men in the treasury
department was of a piece with the rest of Hamilton’s plans. He took his
own stand as a Lieutenant General, surrounded by his Major Generals, and
stationing his Brigadiers and Colonels under the name of Supervisors,
Inspectors, &tc. in the different States. Let us deserve well of our
country by making her interests the end of all our plans, and not our
own pomp, patronage, and irresponsibility. I have hazarded these hasty
and crude ideas, which occurred on contemplating your report. They
may be the subject of future conversation and correction. Accept my
affectionate salutations.
Th: Jefferson.
LETTER CCXCV.--TO GENERAL KOSCIUSKO, April 2,1802
TO GENERAL KOSCIUSKO.
Washington, April 2,1802.
Dear General,