Nor does this doctrine contravene the right of preventing vessels from

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,

Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3 · 第 47 / 50 段