practice of feeding the public mind habitually on slander, and the
depravity of taste which this nauseous aliment induces. Defamation
is becoming a necessary of life; insomuch, that a dish of tea in the
morning or evening cannot be digested without this stimulant. Even those
who do not believe these abominations, still read them with complaisance
to their auditors, and instead of the abhorrence and indignation which
should fill a virtuous mind, betray a secret pleasure in the possibility
that some may believe them, though they do not themselves. It seems to
escape them, that it is not he who prints, but he who pays for printing
a slander, who is its real author.
These thoughts on the subjects of your letter are hazarded at your
request. Repeated instances of the publication of what has not been
intended for the public eye, and the malignity with which political
enemies torture every sentence from me into meanings imagined by their
own wickedness only, justify my expressing a solicitude, that this hasty
communication may in nowise be permitted to find its way into the public
papers. Not fearing these political bull-dogs, I yet avoided putting
myself in the way of being baited by them, and do not wish to volunteer
away that portion of tranquillity, which a firm execution of my duties
will permit me to enjoy.
I tender you my salutations, and best wishes for your success.
Th: Jefferson.
LETTER XLIX.--TO WILLIAM SHORT, June 12, 1807
TO WILLIAM SHORT.
Washington, June 12, 1807.
Dear Sir,
******
The proposition in your letter of May the 16th, of adding an umpire to
our discordant negotiators at Paris, struck me favorably on reading it,
and reflection afterwards strengthened my first impressions. I made it
therefore a subject of consultation with my coadjutors, as is our usage.
For our government, although in theory subject to be directed by the
unadvised will of the President, is, and from its origin has been, a
very different thing in practice. The minor business in each department
is done by the Head of the department, on consultation with the
President alone. But all matters of importance or difficulty are
submitted to all the Heads of departments composing the cabinet;
sometimes by the President’s consulting them separately and
successively, as they happen to call on him; but in the greatest cases,
by calling them together, discussing the subject maturely, and finally
taking the vote, in which the President counts himself but as one. So
that in all important cases the executive is, in fact, a directory,
which certainly the President might control: but of this there was never
an example either in the first or the present administration. I have
heard, indeed, that my predecessor sometimes decided things against his
council.
*****
I adopted in the present case the mode of separate consultation. The
opinion of each member, taken separately, was, that the addition of
a third negotiator was not at this time advisable. For the present,
therefore, the question must rest. Mr. Bowdoin, we know, is anxious to
come home, and is detained only by the delicacy of not deserting his
post. In the existing temper between him and his colleague, it would
certainly be better that one of them should make an opening for
re-composing the commission more harmoniously. I salute you with
affection and respect.
Th: Jefferson.
LETTER L.--TO GEORGE HAY, June 12, 1807
TO GEORGE HAY.
Washington, June 12, 1807.
Dear Sir,
Your letter of the 9th is this moment received. Reserving the necessary
right of the President of the United States to decide, independently of
all other authority, what papers, coming to him as President, the public
interests permit to be communicated, and to whom, I assure you of
my readiness, under that restriction, voluntarily to furnish, on all
occasions, whatever the purposes of justice may require. But the letter
of General Wilkinson, of October the 21st, requested for the defence
of Colonel Burr, with every other paper relating to the charges against
him, which were in my possession when the Attorney General went on to
Richmond in March, I then delivered to him; and I have always taken for
granted he left the whole with you. If he did, and the bundle retains
the order in which I had arranged it, you will readily find the letter
desired, under the date of its receipt, which was November the 25th: but
lest the Attorney General should not have left those papers with you,
I this day write to him to forward this one by post. An uncertainty
whether he is at Philadelphia, Wilmington, or New Castle, may produce
delay in his receiving my letter, of which it is proper you should be
apprized. But, as I do not recollect the whole contents of that letter,
I must beg leave to devolve on you the exercise of that discretion
which it would be my right and duty to exercise, by withholding the
communication of any parts of the letter, which are not directly
material for the purposes of justice.
With this application, which is specific, a prompt compliance is
practicable. But when the request goes to ‘copies of the orders issued
in relation to Colonel Burr, to the officers at Orleans, Natchez, &c.
by the Secretaries of the War and Navy departments,’ it seems to cover
a correspondence of many months, with such a variety of officers, civil
and military, all over the United States, as would amount to the laying
open the whole executive books. I have desired the Secretary of War to
examine his official communications; and on a view of these, we may be
able to judge what can and ought to be done towards a compliance with
the request. If the defendant alleges that there was any particular
order, which, as a cause, produced any particular act on his part, then
he must know what this order was, can specify it, and a prompt answer
can be given. If the object had been specified, we might then have had
some guide for our conjectures, as to what part of the executive records
might be useful to him: but, with a perfect willingness to do what is
right, we are without the indications which may enable us to do it. If
the researches of the Secretary at War should produce any thing proper
for communication, and pertinent to any point we can conceive in the
defence before the court, it shall be forwarded to you. I salute you
with respect and esteem.
Th: Jefferson.
LETTER LI.--TO GEORGE HAY, June 17, 1807
TO GEORGE HAY.
Washington, June 17, 1807.
Sir,
In answering your letter of the 9th, which desired a communication of
one to me from General Wilkinson, specified by its date, I informed
you in mine of the 12th that I had delivered it, with all other papers
respecting the charges against Aaron Burr, to the Attorney General,
when he went to Richmond; that I had supposed he had left them in
your possession, but would immediately write to him, if he had not, to
forward that particular letter without delay. I wrote to him accordingly
on the same day, but having no answer, I know not whether he has
forwarded the letter. I stated in the same letter, that I had desired
the Secretary at War, to examine his office, in order to comply with
your further request, to furnish copies of the orders which had been
given respecting Aaron Burr and his property; and in a subsequent letter
of the same day, I forwarded to you copies of two letters from the
Secretary at War, which appeared to be within the description expressed
in your letter. The order from the Secretary of the Navy, you said, you
were in possession of. The receipt of these papers had, I presume, so
far anticipated, and others this day forwarded will have substantially
fulfilled, the object of a subpoena from the District Court of Richmond,
requiring that those officers and myself should attend the Court in
Richmond, with the letter of General Wilkinson, the answer to that
letter, and the orders of the departments of War and the Navy, therein
generally described. No answer to General Wilkinson’s letter, other
than a mere acknowledgment of its receipt, in a letter written for a
different purpose, was ever written by myself or any other. To these
communications of papers, I will add, that if the defendant supposes
there are any facts within the knowledge of the Heads of departments, or
of myself, which can be useful for his defence, from a desire of doing
any thing our situation will permit in furtherance of justice, we shall
be ready to give him the benefit of it, by way of deposition, through
any persons whom the Court shall authorize to take our testimony at
this place. I know, indeed, that this cannot be done but by consent of
parties; and I therefore authorize you to give consent on the part of
the United States. Mr. Burr’s consent will be given of course, if he
supposes the testimony useful.
As to our personal attendance at Richmond, I am persuaded the Court
is sensible, that paramount duties to the nation at large control the
obligation of compliance with their summons in this case; as they would,
should we receive a similar one, to attend the trials of Blannerhassett
and others, in the Mississippi territory, those instituted at St. Louis
and other places on the western waters, or at any place, other than the
seat of government. To comply with such calls would leave the nation
without an executive branch, whose agency, nevertheless, is understood
to be so constantly necessary, that it is the sole branch which the
constitution requires to be always in function. It could not then
mean that it should be withdrawn from its station by any co-ordinate
authority.
With respect to papers, there is certainly a public and a private
side to our offices. To the former belong grants of land, patents for
inventions, certain commissions, proclamations, and other papers patent
in their nature. To the other belong mere executive proceedings. All
nations have found it necessary, that for the advantageous conduct of
their affairs, some of these proceedings, at least, should remain known
to their executive functionary only. He, of course, from the nature of
the case, must be the sole judge of which of them the public interests
will permit publication. Hence, under our constitution, in requests of
papers, from the legislative to the executive branch, an exception is
carefully expressed, as to those which he may deem the public welfare
may require not to be disclosed; as you will see in the enclosed
resolution of the House of Representatives, which produced the message
of January 22nd, respecting this case. The respect mutually due between
the constituted authorities, in their official intercourse, as well
as sincere dispositions to do for every one what is just, will always
insure from the executive, in exercising the duty of discrimination
confided to him, the same candor and integrity to which the nation has
in like manner trusted in the disposal of its judiciary authorities.
Considering you as the organ for communicating these sentiments to
the Court, I address them to you for that purpose, and salute you with
esteem and respect.
Th: Jefferson.
LETTER LII.--TO GEORGE HAY, June 19,1807
TO GEORGE HAY.
Washington, June 19,1807.
Dear Sir,
Yours of the 17th was received last night. Three blank pardons had been
(as I expect) made up and forwarded by the mail of yesterday, and I have
desired three others to go by that of this evening. You ask what is to
be done if Bollman finally rejects his pardon, and the Judge decides
it to have no effect? Move to commit him immediately for treason or
misdemeanor, as you think the evidence will support; let the court
decide where he shall be sent for trial; and on application, I will have
the marshal aided in his transportation, with the executive means. And
we think it proper, further, that when Burr shall have been convicted of
either treason or misdemeanor, you should immediately have committed all
those persons against whom you should find evidence sufficient, whose
agency has been so prominent as to mark them as proper objects of
punishment, and especially where their boldness has betrayed an
inveteracy of criminal disposition. As to obscure offenders and
repenting ones, let them lie for consideration.
I enclose you the copy of a letter received last night, and giving
singular information. I have inquired into the character of Graybell. He
was an old revolutionary captain, is now a flour merchant in Baltimore,
of the most respectable character, and whose word would be taken as
implicitly as any man’s for whatever he affirms. The letter-writer,
also, is a man of entire respectability. I am well informed, that for
more than a twelvemonth it has been believed in Baltimore, generally,
that Burr was engaged in some criminal enterprise, and that Luther
Martin knew all about it. We think you should immediately despatch a
subpoena for Graybell; and while that is on the road, you will have time
to consider in what form you will use his testimony; e.g. shall Luther
Martin be summoned as a witness against Burr, and Graybell held ready
to confront him? It may be doubted whether we could examine a witness
to discredit our own witness. Besides, the lawyers say that they are
privileged from being forced to breaches of confidence, and that
no others are. Shall we move to commit Luther Martin, as _particeps
criminis_ with Burr? Graybell will fix upon him misprision of treason at
least. And at any rate, his evidence will put down this unprincipled and
impudent federal bull-dog, and add another proof that the most clamorous
defenders of Burr are all his accomplices. It will explain why Luther
Martin flew so hastily to the aid of ‘his honorable friend,’ abandoning
his clients and their property during a session of a principal court
in Maryland, now filled, as I am told, with the clamors and ruin of his
clients. I believe we shall send on Latrobe as a witness. He will prove
that Aaron Burr endeavored to get him to engage several thousand men,
chiefly Irish emigrants, whom he had been in the habit of employing in
the works he directs, under pretence of a canal opposite Louisville,
or of the Washita, in which, had he succeeded, he could with that force
alone have carried every thing before him, and would not have been where
he now is. He knows, too, of certain meetings of Burr, Bollman, Yrujo,
and one other whom we have never named yet, but have him not the less in
our view.
I salute you with friendship and respect.
Th: Jefferson.
P. S. Will you send us half a dozen blank subpoenas?
Since writing the within I have had a conversation with Latrobe. He says
it was five hundred men he was desired to engage. The pretexts were to
work on the Ohio canal, and be paid in Washita lands. Your witnesses
will some of them prove that Burr had no interest in the Ohio canal, and
that consequently this was a mere pretext to cover the real object from
the men themselves, and all others. Latrobe will set out in the stage of
to-morrow evening, and be with you Monday evening. T. J.
LETTER LIII.--TO GOVERNOR SULLIVAN, June 19, 1807
TO GOVERNOR SULLIVAN.
Washington, June 19, 1807.
Dear Sir,
In acknowledging the receipt of your favor of the 3rd instant, I avail
myself of the occasion it offers of tendering to yourself, to Mr.
Lincoln, and to your State, my sincere congratulations on the late happy
event of the election of a republican executive to preside over its
councils. The harmony it has introduced between the legislative and
executive branches, between the people and both of them, and between
all and the General Government, are so many steps towards securing that
union of action and effort in all its parts, without which no nation can
be happy or safe. The just respect, with which all the States have ever
looked to Massachusetts, could leave none of them without anxiety while
she was in a state of alienation from her family and friends. Your
opinion of the propriety and advantage of a more intimate correspondence
between the executives of the several States, and that of the Union, as
a central point, is precisely that which I have ever entertained; and
on coming into office I felt the advantages which would result from that
harmony. I had it even in contemplation, after the annual recommendation
to Congress of those measures called for by the times, which the
constitution had placed under their power, to make communications in
like manner to the executives of the States, as to any parts of them
to which their legislatures might be alone competent. For many are the
exercises of power reserved to the States, wherein an uniformity of
proceeding would be advantageous to all. Such are quarantines, health
laws, regulations of the press, banking institutions, training militia,
&c. &c. But you know what was the state of the several governments when
I came into office. That a great proportion of them were federal, and
would have been delighted with such opportunities of proclaiming their
contempt, and of opposing republican men and measures. Opportunities so
furnished and used by some of the State governments, would have produced
an ill effect, and would have insured the failure of the object of
uniform proceeding. If it could be ventured even now (Connecticut and
Delaware being still hostile) it must be on some greater occasion than
is likely to arise within my time. I look to it, therefore, as a course
which will probably be to be left to the consideration of my successor.
I consider, with you, the federalists as completely vanquished, and
never more to take the field under their own banners. They will now
reserve themselves to profit by the schisms among republicans, and to
earn favors from minorities, whom they will enable to triumph over
their more numerous antagonists. So long as republican minorities barely
accept their votes, no great harm will be done; because it will only
place in power one shade of republicanism, instead of another. But
when they purchase the votes of the federalists, by giving them
a participation of office, trust, and power, it is a proof that
anti-monarchism is not their strongest passion. I do not think that the
republican minority in Pennsylvania has fallen into this heresy, nor
that there are in your State materials of which a minority can be made
who will fall into it.
With respect to the tour my friends to the north have proposed that I
should make in that quarter, I have not made up a final opinion. The
course of life which General Washington had run, civil and military,
the services he had rendered, and the space he therefore occupied in the
affections of his fellow-citizens, take from his examples the weight of
precedents for others, because no others can arrogate to themselves the
claims which he had on the public homage. To myself, therefore, it comes
as a new question, to be viewed under all the phases it may present.
I confess, that I am not reconciled to the idea of a chief magistrate
parading himself through the several States as an object of public gaze,
and in quest of an applause, which, to be valuable, should be purely
voluntary. I had rather acquire silent good will by a faithful discharge
of my duties, than owe expressions of it to my putting myself in the way
of receiving them. Were I to make such a tour to Portsmouth or Portland,
I must do it to Savannah, perhaps to Orleans and Frankfort. As I have
never yet seen the time when the public business would have permitted me
to be so long in a situation in which I could not carry it on, so I have
no reason to expect that such a time will come while I remain in office.
A journey to Boston or Portsmouth, after I shall be a private citizen,
would much better harmonize with my feelings, as well as duties; and,
founded in curiosity, would give no claims to an extension of it. I
should see my friends, too, more at our mutual ease, and be left more
exclusively to their society. However, I end as I began, by declaring
I have made up no opinion on the subject, and that I reserve it as a
question for future consideration and advice.
In the mean time, and at all times, I salute you with great respect and
esteem,
Th: Jefferson.
LETTER LIV.--TO GEORGE HAY, June 20, 1807
TO GEORGE HAY.
Washington, June 20, 1807.
Dear Sir,
Mr. Latrobe now comes on as a witness against Burr. His presence here
is with great inconvenience dispensed with, as one hundred and fifty
workmen require his constant directions on various public works of
pressing importance. I hope you will permit him to come away as soon as
possible. How far his testimony will be important as to the prisoner, I
know not; but I am desirous that those meetings of Yrujo with Burr and
his principal accomplices should come fully out, and judicially, as they
will establish the just complaints we have against his nation.
I did not see till last night the opinion of the Judge on the _subpoena
duces tecum_ against the President. Considering the question there as
_coram non judice_, I did not read his argument with much attention.
Yet I saw readily enough, that, as is usual, where an opinion is to be
supported, right or wrong, he dwells much on smaller objections, and
passes over those which are solid. Laying down the position generally,
that all persons owe obedience to subpoenas, he admits no exception
unless it can be produced in his law books. But if the constitution
enjoins on a particular officer to be always engaged in a particular
set of duties imposed on him, does not this supersede the general law,
subjecting him to minor duties inconsistent with these? The constitution
enjoins his constant agency in the concerns of six millions of people.
Is the law paramount to this, which calls on him on behalf of a single
one? Let us apply the Judge’s own doctrine to the case of himself and
his brethren. The sheriff of Henrico summons him from the bench, to
quell a riot somewhere in his county. The federal judge is, by the
general law, a part of the posse of the State sheriff. Would the Judge
abandon major duties to perform lesser ones? Again; the court of Orleans
or Maine commands, by subpoenas, the attendance of all the judges of
the Supreme Court. Would they abandon their posts as judges, and the
interests of millions committed to them, to serve the purposes of a
single individual? The leading principle of our constitution is the
independence of the legislature, executive, and judiciary, of each
other, and none are more jealous of this than the judiciary. But would
the executive be independent of the judiciary, if he were subject to
the commands of the latter, and to imprisonment for disobedience; if the
several courts could bandy him from pillar to post, keep him constantly
trudging from north to south, and east to west, and withdraw him
entirely from his constitutional duties? The intention of the
constitution, that each branch should be independent of the others, is
further manifested by the means it has furnished to each, to protect
itself from enterprises of force attempted on them by the others, and
to none has it given more effectual or diversified means than to the
executive. Again; because ministers can go into a court in London,
as witnesses, without interruption to their executive duties, it is
inferred that they would go to a court one thousand or one thousand five
hundred miles off, and that ours are to be dragged from Maine to Orleans
by every criminal who will swear that their testimony ‘may be of use to
him.’ The Judge says, ‘it is apparent that the President’s duties,
as chief magistrate, do not demand his whole time, and are not
unremitting.’ If he alludes to our annual retirement from the seat
of government, during the sickly season, he should be told that such
arrangements are made for carrying on the public business, at and
between the several stations we take, that it goes on as unremittingly
there, as if we were at the seat of government. I pass more hours in
public business at Monticello than I do here, every day; and it is much
more laborious, because all must be done in writing. Our stations being
known, all communications come to them regularly, as to fixed points.
It would be very different were we always on the road, or placed in the
noisy and crowded taverns where courts are held. Mr. Rodney is expected
here every hour, having been kept away by a sick child. I salute you
with friendship and respect.
Th: Jefferson.
LETTER LV.--TO DOCTOR WISTAR, June 21, 1807
TO DOCTOR WISTAR.
Washington, June 21, 1807.
Dear Sir,