DEAR SIR,--Yours of June 27th has been duly received, and although

wishing your happiness always, I cannot be altogether unpleased with a

transfer of your services to a department more pleasing to yourself,

yet I cannot but lament your loss in Congress. You know that talents

cannot be more useful anywhere than there; and the times seem to portend

that we may have occasion there for all we possess. You have long ago

learnt the atrocious acts committed by the British armed vessels in the

Chesapeake and its neighborhood. They cannot be easily accommodated,

although it is believed that they cannot be justified by orders from their

government. We have acted on these principles; 1, to give that government

an opportunity to disavow and make reparation; 2, to give ourselves time

to get in the vessels, property and seamen, now spread over the ocean; 3,

to do no act which might compromit Congress in their choice between war,

non-intercourse, or any other measure. We shall probably call them some

time in October, having regard to the return of the healthy season, and to

the receipt of an answer from Great Britain, before which they could only

act in the dark. In the meantime we shall make all the preparations which

time will permit, so as to be ready for any alternative.

The officers of the British ships, in a conference with a gentleman

sent to them by the Mayor of Norfolk, have solemnly protested they

mean no further proceeding without further orders. But the question is

whether they will obey the proclamation? If they do not, acts of force

will probably ensue; still these may lead to nothing further, if their

government is just. I salute you with great affection.

TO THE SECRETARY AT WAR.

WASHINGTON, July 13, 1807.

DEAR SIR,--I wrote you on the 7th; since that we learn that the Bellone

and Leopard remaining in Hampton Road, the other two vessels have returned

to the Capes of Chesapeake, where they have been reinforced by another

frigate and a sloop of war, we know not from whence. This induces us to

suppose they do not mean an immediate attack on Norfolk, but to retain

their present position till further orders from their Admiral. I am

inclined to think that the body of militia now in the field in Virginia

would need to be regulated according to these views. They are in great

want of artillery, the State possessing none. Their subsistence also,

and other necessary expenses, require immediate attention from us, the

finances of the State not being at all in a condition to meet these cases.

We have some applications for the loan of field-pieces. The transportation

of heavy cannon to Norfolk and Hampton, is rendered difficult by the

blockade of those ports. These things are of necessity reserved for your

direction on your return, as nobody here is qualified to act in them.

It gives me sincere concern that events should thus have thwarted your

wishes. Should the Bellone and Leopard retire, and a disposition be shown

by the British commanders to restore things to a state of peace until they

hear from their government, we may go into summer quarters without injury

to the public safety, having previously made all necessary arrangements.

But if the present hostile conduct is pursued, I fear we shall be obliged

to keep together, or at least within consulting distance. I salute you

with sincere affection and respect.

TO M. DUPONT DE NEMOURS.

WASHINGTON, July 14, 1807.

MY DEAR SIR,--I received last night your letter of May 6th, and a vessel

being just now sailing from Baltimore, affords me an opportunity of

hastily acknowledging it. Your exhortation to make a provision of arms is

undoubtedly wise, and we have not been inattentive to it. Our internal

resources for cannon are great, and those for small arms considerable,

and in full employment. We shall not suffer from that want, should we

have war; and of the possibility of that you will judge by the enclosed

proclamation, and by what you know of the character of the English

government. Never since the battle of Lexington have I seen this country

in such a state of exasperation as at present, and even that did not

produce such unanimity. The federalists themselves coalesce with us as

to the object, though they will return to their trade of censuring every

measure taken to obtain it. "Reparation for the past, and security for

the future," is our motto; but whether they will yield it freely, or

will require resort to non-intercourse, or to war, is yet to be seen. We

prepare for the last. We have actually 2,000 men in the field, employed

chiefly in covering the exposed coast, and cutting off all supply to

the British vessels. We think our gun-boats at New York, (thirty-two,)

with heavy batteries along shore, and bombs, will put that city _hors de

insulte_. If you could procure, and send me a good description and drawing

of one of your Prames, you would do me a most acceptable service. I

suppose them to be in fact a floating battery, rendered very manageable by

oars.

Burr's conspiracy has been one of the most flagitious of which history

will ever furnish an example. He had combined the objects of separating

the western States from us, of adding Mexico to them, and of placing

himself at their head. But he who could expect to effect such objects

by the aid of American citizens, must be perfectly ripe for Bedlam. Yet

although there is not a man in the United States who is not satisfied of

the depth of his guilt, such are the jealous provisions of our laws in

favor of the accused, and against the accuser, that I question if he can

be convicted. Out of the forty-eight jurors who are to be summoned, he has

a right to choose the twelve who are to try him, and if any one of the

twelve refuses to concur in finding him guilty, he escapes. This affair

has been a great confirmation in my mind of the innate strength of the

form of our government. He had probably induced near a thousand men to

engage with him, by making them believe the government connived at it. A

proclamation alone, by undeceiving them, so completely disarmed him, that

he had not above thirty men left, ready to go all lengths with him. The

first enterprise was to have been the seizure of New Orleans, which he

supposed would powerfully bridle the country above, and place him at the

door of Mexico. It has given me infinite satisfaction that not a single

native Creole of Louisiana, and but one American, settled there before

the delivery of the country to us, were in his interest. His partisans

there were made up of fugitives from justice, or from their debts, who had

flocked there from other parts of the United States, after the delivery

of the country, and of adventurers and speculators of all descriptions.

I thank you for the volume of Memoirs you have sent me, and I will

immediately deliver that for the Phil. Society. I feel a great interest in

the publication of Turfot's works, but quite as much in your return here.

Your Eleutherian son is very valuable to us, and will daily become more

so. I hope there will be a reaction of good offices on him. We have heard

of a great improvement in France of the furnace for heating cannon-balls,

but we can get no description of it.

I salute you with sincere affection, and add assurances of the highest

respect.

TO THE MARQUIS DE LA FAYETTE.

WASHINGTON, July 14, 1807.

MY DEAR FRIEND,--I received last night your letters of February the

20th and April 29th, and a vessel just sailing from Baltimore enables me

hastily to acknowledge them; to assure you of the welcome with which I

receive whatever comes from you, and the continuance of my affectionate

esteem for yourself and family. I learn with much concern, indeed, the

state of Madame de La Fayette's health. I hope I have the pleasure yet to

come of learning its entire re-establishment. She is too young not to give

great confidence to that hope.

Measuring happiness by the American scale, and sincerely wishing that

of yourself and family, we had been anxious to see them established this

side of the great water. But I am not certain that any equivalent can be

found for the loss of that species of society, to which our habits have

been formed from infancy. Certainly, had you been, as I wished, at the

head of the government of Orleans, Burr would never have given me one

moment's uneasiness. His conspiracy has been one of the most flagitious

of which history will ever furnish an example. He meant to separate the

western States from us, to add Mexico to them, place himself at their

head, establish what he would deem an energetic government, and thus

provide an example and an instrument for the subversion of our freedom.

The man who could expect to effect this, with American materials, must be

a fit subject for Bedlam. The seriousness of the crime, however, demands

more serious punishment. Yet, although there is not a man in the United

States who doubts his guilt, such are the jealous provisions of our laws

in favor of the accused against the accuser, that I question if he is

convicted. Out of forty-eight jurors to be summoned, he is to select the

twelve who are to try him, and if there be any one who will not concur

in finding him guilty, he is discharged of course. I am sorry to tell

you that Bollman was Burr's right hand man in all his guilty schemes. On

being brought to prison here, he communicated to Mr. Madison and myself

the whole of the plans, always, however, apologetically for Burr, as far

as they would bear. But his subsequent tergiversations have proved him

conspicuously base. I gave him a pardon, however, which covers him from

everything but infamy. I was the more astonished at his engaging in this

business, from the peculiar motives he should have felt for fidelity. When

I came into the government, I sought him out on account of the services

he had rendered you, cherished him, offered him two different appointments

of value, which, after keeping them long under consideration, he declined

for commercial views, and would have given him anything for which he

was fit. Be assured he is unworthy of ever occupying again the care of

any honest man. Nothing has ever so strongly proved the innate force of

our form of government, as this conspiracy. Burr had probably engaged

one thousand men to follow his fortunes, without letting them know his

projects, otherwise than by assuring them the government approved of them.

The moment a proclamation was issued, undeceiving them, he found himself

left with about thirty desperadoes only. The people rose in mass wherever

he was, or was suspected to be, and by their own energy the thing was

crushed in one instant, without its having been necessary to employ a man

of the military but to take care of their respective stations. His first

enterprise was to have been to seize New Orleans, which he supposed would

powerfully bridle the upper country, and place him at the door of Mexico.

It is with pleasure I inform you that not a single native Creole, and but

one American of those settled there before we received the place, took

any part with him. His partisans were the new emigrants from the United

States and elsewhere, fugitives from justice or debt, and adventurers and

speculators of all descriptions.

I enclose you a proclamation, which will show you the critical footing

on which we stand at present with England. Never, since the battle of

Lexington, have I seen this country in such a state of exasperation as at

present. And even that did not produce such unanimity. The federalists

themselves coalesce with us as to the object, although they will return

to their old trade of condemning every step we take towards obtaining

it. "Reparation for the past, and security for the future," is our

motto. Whether these will be yielded freely, or will require resort to

non-intercourse, or to war, is yet to be seen. We have actually near two

thousand men in the field, covering the exposed parts of the coast, and

cutting off supplies from the British vessels.

I am afraid I have been very unsuccessful in my endeavors to serve Madame

de Tessé in her taste for planting. A box of seeds, &c., which I sent

her in the close of 1805, was carried with the vessel into England, and

discharged so late that I fear she lost their benefit for that season.

Another box, which I prepared in the autumn of 1806, has, I fear, been

equally delayed from other accidents. However, I will persevere in my

endeavors.

Present me respectfully to her, M. de Tessé, Madam de La Fayette and your

family, and accept my affectionate salutations, and assurances of constant

esteem and respect.

TO GOVERNOR CABELL.

WASHINGTON, July 16, 1807.

DEAR SIR,--Your letter of the 10th has been received, and I note what

is said on the provision which ought to be made by us, for the militia

in the field. An arrangement by the Secretary at War to meet certain

other persons at New York, to concert a plan of defence for that city,

has occasioned necessarily his temporary absence from this place, and

there is no person sufficiently informed to take the necessary measures

until his return, which will be on Tuesday or Wednesday next. I hope

no great inconvenience may be experienced if it lies till then. It has

been suggested to me that if the British vessels should be disposed to

leave our waters, they might not be able to do it without some supplies,

especially of water; and it is asked whether supplies to carry them away

may be admitted? It has been answered that, on their giving assurance of

immediate departure from our waters, they may have the supplies necessary

to carry them to Halifax or the West Indies. I must pray you to instruct

Gen. Matthews to permit it, if he be applied to. But it is best that

nothing be said on this subject until an application is actually made by

them. Their retirement would prevent the necessity of a resort to force,

and give us time to get in our ships, our property, and our seamen, now

under the grasp of our adversary; probably not less than 20,000 of the

latter are now exposed on the ocean, whose loss would cripple us in the

outset more than the loss of several battles. However pleasing the ardor

of our countrymen, as a pledge of their support, if war is to ensue, as is

very possible, we, to whom they trust for conducting their affairs to the

best advantage, should take care that it be not precipitated, while every

day is restoring to us our best means for carrying it on. I salute you

with friendship and respect.

TO MADAME DE STAEL DE HOLSTEIN.

WASHINGTON, July 16, 1807.

I have received, madam, the letter which you have done me the favor to

write from Paris on the 24th of April, and M. le Ray de Chaumont informs

me that the book you were so kind as to confide to him, not having reached

Nantes when he sailed, will come by the first vessel from that port to

this country. I shall read with great pleasure whatever comes from your

pen, having known its powers when I was in a situation to judge, nearer at

hand, the talents which directed it.

Since then, madam, wonderful are the scenes which have passed! Whether

for the happiness of posterity, must be left to their judgment. Even of

their effect on those now living, we, at this distance, undertake not to

decide. Unmeddling with the affairs of other nations, we presume not to

prescribe or censure their course. Happy, could we be permitted to pursue

our own in peace, and to employ all our means in improving the condition

of our citizens. Whether this will be permitted, is more doubtful now than

at any preceding time. We have borne patiently a great deal of wrong, on

the consideration that if nations go to war for every degree of injury,

there would never be peace on earth. But when patience has begotten false

estimates of its motives, when wrongs are pressed because it is believed

they will be borne, resistance becomes morality.

The grandson of Mr. Neckar cannot fail of a hearty welcome in a country

which so much respected him. To myself, who loved the virtues and honored

the great talents of the grandfather, the attentions I received in his

natal house, and particular esteem for yourself, are additional titles

to whatever service I can render him. In our cities he will find distant

imitations of the cities of Europe. But if he wishes to know the nation,

its occupations, manners, and principles, they reside not in the cities;

he must travel through the country, accept the hospitalities of the

country gentlemen, and visit with them the school of the people. One year

after the present will complete for me the _quadragena stipendia_, and

will place me among those to whose hospitality I recommend the attentions

of your son. He will find a sincere welcome at Monticello, where I shall

then be in the bosom of my family, occupied with my books and my farms,

and enjoying, under the government of a successor, the freedom and

tranquillity I have endeavored to secure for others.

Accept the homage of my respectful salutations, and assurances of great

esteem and consideration.

TO GENERAL ARMSTRONG.

WASHINGTON, July 17, 1807.

DEAR SIR,--I take the liberty of enclosing to your care some letters to

friends who, whether they are in Paris or not I do not know. If they are

not, I will pray you to procure them a safe delivery.

You will receive, through the department of State, information of the

critical situation in which we are with England. An outrage not to be

borne has obliged us to fly to arms, and has produced such a state of

exasperation, and that so unanimous, as never has been seen in this

country since the battle of Lexington. We have between two and three

thousand men on the shores of the Chesapeake, patrolling them for the

protection of the country, and for preventing supplies of any kind being

furnished to the British; and the moment our gun-boats are ready we shall

endeavor by force to expel them from our waters. We now send a vessel

to call upon the British government for reparation for the past outrage,

and security for the future, nor will anything be deemed security but a

renunciation of the practice of taking persons out of our vessels, under

the pretence of their being English. Congress will be called some time in

October, by which time we may have an answer from England. In the meantime

we are preparing for a state of things which will take that course,

which either the pride or the justice of England shall give it. This will

occasion a modification of your instructions, as you will learn from the

Secretary of State. England will immediately seize on the Floridas as a

point d'appui to annoy us. What are we to do in that case? I think she

will find that there is no nation on the globe which can gall her so much

as we can. I salute you with great affection and respect.

TO THE SECRETARY AT WAR.

WASHINGTON, July 17, 1807.

MY DEAR SIR,--I have this moment received certain information that the

British vessels have retired from Hampton Road. Whether they will only

join their companions in the bay, and remain there or go off, is yet to

be seen. It gives me real pain to believe that circumstances still require

your presence here. I have had a consultation this day with our colleagues

on that subject, and we have all but one opinion on that point. Indeed,

if I regarded yourself alone, I should deem it necessary to satisfy

public opinion, that you should not be out of place at such a moment.

The arrangements for the militia, now much called for, can be properly

made only by yourself. Several other details are also at a stand. I shall

therefore hope to see you in a very few days. An important question will

be to be decided on the arrival of Decatur here, about this day se'nnight,

whether, as the retirement of the British ships from Hampton Road enables

us to get our sixteen gun-boats together, we shall authorize them to use

actual force against the British vessels. Present to Mrs. Dearborne, and

accept yourself, my affectionate and respectful salutations.

TO JOHN PAGE.

WASHINGTON, July 17, 1807.

MY DEAR FRIEND,--Yours of the 11th is received. In appointments to public

offices of mere profit, I have ever considered faithful service in either

our first or second revolution as giving preference of claim, and that

appointments on that principle would gratify the public, and strengthen

that confidence so necessary to enable the executive to direct the

whole public force to the best advantage of the nation. Of Mr. Bolling

Robertson's talents and integrity I have long been apprized, and would

gladly use them where talents and integrity are wanting. I had thought

of him for the vacant place of secretary of the Orleans territory, but

supposing the salary of two thousand dollars not more than he makes by

his profession, and while remaining with his friends, I have, in despair,

not proposed it to him. If he would accept it, I should name him instantly

with the greatest satisfaction. Perhaps you could inform me on this point.

With respect to Major Gibbons, I do indeed recollect, that in some casual

conversation, it was said, that the most conspicuous accomplices of Burr

were at home at his house; but it made so little impression on me, that

neither the occasion nor the person is now recollected. On this subject,

I have often expressed the principles on which I act, with a wish they

might be understood by the federalists in office. I have never removed

a man merely because he was a federalist: I have never wished them to

give a vote at an election, but according to their own wishes. But as

no government could discharge its duties to the best advantage of its

citizens, if its agents were in a regular course of thwarting instead of

executing all its measures, and were employing the patronage and influence

of their offices against the government and its measures, I have only

requested they would be quiet, and they should be safe; that if their

conscience urges them to take an active and zealous part in opposition,

it ought also to urge them to retire from a post which they could not

conscientiously conduct with fidelity to the trust reposed in them; and

on failure to retire, I have removed them; that is to say, those who

maintained an active and zealous opposition to the government. Nothing

which I have yet heard of Major Gibbons places him in danger from these

principles.

I am much pleased with the ardor displayed by our countrymen on the late

British outrage. It gives us the more confidence of support in the demand

of _reparation_ for the past, and _security_ for the future, that is to

say, an end of impressments. If motives of either justice or interest

should produce this from Great Britain, it will save a war; but if they

are refused, we shall have gained time for getting in our ships and

property, and at least twenty thousand seamen now afloat on the ocean,

and who may man two hundred and fifty privateers. The loss of these to us

would be worth to Great Britain many victories of the Nile and Trafalgar.

The meantime may also be importantly employed in preparations to enable us

to give quick and deep blows.

Present to Mrs. Page, and receive yourself my affectionate and respectful

salutations.

TO BENJAMIN MORGAN, ESQ.

WASHINGTON, July 18, 1807.

SIR,--We learn through the channel of the newspapers that Governor

Claiborne having engaged in a duel, has been dangerously wounded, and the

Secretary having resigned his office, the territory will in that event

be left without any executive head. It is not in my power immediately to

make provision for this unfortunate and extraordinary state to which the

territory may thus have been reduced, otherwise than by beseeching you to

undertake the office of Secretary for a short time, until I can fill up

the appointment. I well know that immersed in other business, as you are,

this will greatly embarrass you; but I will not desire you to do anything

more than absolute necessity shall require, and even from that you shall

be shortly relieved by the appointment of a successor. This request is

made in the event of Governor Claiborne's wound having proved mortal. If

he is alive, the commission need not be used. I shall be anxious to hear

from you. In the meantime accept my friendly and respectful salutations.

TO GOVERNOR CABELL.

WASHINGTON, July 19, 1807.

SIR,--Your letter of the 15th was received yesterday, and the opinion you

have given to General Matthews against allowing any intercourse between

the British Consul and the ships of his nation remaining in our waters,

in defiance of our authority, is entirely approved. Certainly while they

are conducting themselves as enemies _de facto_, intercourse should be

permitted only as between enemies, by flags under the permission of the

commanding officers, and with their passports. My letter of the 16th

mentioned a case in which a communication from the British officers should

be received if offered. A day or two ago, we permitted a parent to go on

board the Bellone with letters from the British minister, to demand a son

impressed; and others equally necessary will occur, but they should be

under the permission of some officer having command in the vicinity.

With respect to the disbanding some portion of the troops, although I

consider Norfolk as rendered safe by the batteries, the two frigates,

the eight gun-boats present, and nine others and a bomb-vessel which will

be there immediately, and consequently that a considerable proportion of

the militia may be spared, yet I will pray you to let that question lie a

few days, as in the course of this week we shall be better able to decide

it. I am anxious for their discharge the first moment it can be done with

safety, because I know the dangers to which their health will be exposed

in that quarter in the season now commencing. By a letter of the 14th

from Col. Tatham, stationed at the vicinities of Lynhaven Bay to give us

daily information of what passes, I learn that the British officers and

men often go ashore there, that on the day preceding, 100 had been at the

pleasure-house in quest of fresh provisions and water, that negroes had

begun to go off to them. As long as they remain there, we shall find it

necessary to keep patroles of militia in the neighborhood sufficiently

strong to prevent them from taking or receiving supplies. I presume it

would be thought best to assign the tour for the three months to come, to

those particular corps who being habituated to the climate of that part

of the country, will be least likely to suffer in their health; at the end

of which time others from other parts of the country may relieve them, if

still necessary. In the meantime our gun-boats may all be in readiness,

and some preparations may be made on the shore, which may render their

remaining with us not eligible to themselves. These things are suggested

merely for consideration for the present, as by the close of the week

I shall be able to advise you of the measures ultimately decided on. I

salute you with friendship and respect.

TO WILLIAM DUANE.

WASHINGTON, July 20, 1807.

SIR,--Although I cannot always acknowledge the receipt of communications,

yet I merit their continuance by making all the use of them of which

they are susceptible. Some of your suggestions had occurred, and others

will be considered. The time is coming when our friends must enable us

to hear everything, and expect us to say nothing; when we shall need all

their confidence that everything is doing which can be done, and when

our greatest praise shall be, that we _appear_ to be doing nothing. The

law for detaching one hundred thousand militia, and the appropriation

for it, and that for fortifications, enable us to do everything for

land service, as well as if Congress were here; and as to naval matters,

their opinion is known. The course we have pursued, has gained for our

merchants a precious interval to call in their property and our seamen,

and the postponing the summons of Congress will aid in avoiding to give

too quick an alarm to the adversary. They will be called, however, in good

time. Although we demand of England what is merely of right, reparation

for the past, security for the future, yet as their pride will possibly,

nay probably, prevent their yielding them to the extent we shall require,

my opinion is, that the public mind, which I believe is made up for war,

should maintain itself at that point. They have often enough, God knows,

given us cause of war before; but it has been on points which would not

have united the nation. But now they have touched a chord which vibrates

in every heart. Now then is the time to settle the old and the new.

I have often wished for an occasion of saying a word to you on the subject

of the Emperor of Russia, of whose character and value to us, I suspect

you are not apprized correctly. A more virtuous man, I believe, does

not exist, nor one who is more enthusiastically devoted to better the

condition of mankind. He will probably, one day, fall a victim to it,

as a monarch of that principle does not suit a Russian noblesse. He is

not of the very first order of understanding, but he is of a high one.

He has taken a peculiar affection to this country and its government,

of which he has given me public as well as personal proofs. Our nation

being, like his, habitually neutral, our interests as to neutral rights,

and our sentiments agree. And whenever conferences for peace shall take

place, we are assured of a friend in him. In fact, although in questions

of restitution he will be with England, in those of neutral rights he will

be with Bonaparte and with every other power in the world, except England;

and I do presume that England will never have peace until she subscribes

to a just code of marine law. I have gone into this subject, because I

am confident that Russia (while her present monarch lives) is the most

cordially friendly to us of any power on earth, will go furthest to serve

us, and is most worthy of conciliation. And although the source of this

information must be a matter of confidence with you, yet it is desirable

that the sentiments should become those of the nation. I salute you with

esteem and respect.

TO MR. GAINES.

WASHINGTON, July 23, 1807.

Thomas Jefferson has re-examined the complaints in the memorial from

Tombigbee, and Mr. Gaines' explanation. The complaints are:

1. That Mr. Gaines stopped a vessel having a legal permit.

2. That he arrested Col. Burr militarily.

3. That Mr. Small gave evidence against Col. Burr.

4. That he, Mr. Small, refused a passport to a Mr. Feu.

5. That he levies duties on Indian goods.

6. That the people of that settlement have not the free use of the Mobile.

2. That the arrest of Col. Burr was military has been disproved; but had

it been so, every honest man and good citizen is bound, by any means in

his power, to arrest the author of projects so daring and dangerous.

3. This complaint, as well as the preceding one, would imply a partiality

for Col. Burr, of which he hopes the petitioners were not guilty.

5. The levy of duty on Indian goods is required by the laws of Congress.

6. There has been a constant hope of obtaining the navigation by

negotiation, and no endeavors has been spared. Congress has not thought it

expedient as yet to plunge the nation into a war against Spain and France,

or to obtain an exemption from the duty levied on the use of that river.

1. On the subject of the first complaint, Mr. Gaines was giving a verbal

explanation, which Thomas Jefferson asks the favor of him to repeat.

4. On this subject, also, he asks any information Mr. Gaines can give;

for though it is a matter of discretion, it should be exercised without

partiality or passion. He salutes Mr. Gaines with esteem and respect.

TO GOVERNOR CABELL.

WASHINGTON, July 24, 1807.

SIR,--Yours of the 20th has been duly received. The relation in which

we stand with the British naval force within our waters is so new, that

differences of opinion are not to be wondered at respecting the captives,

who are the subject of your letter. Are they insurgents against the

authority of the laws? Are they public enemies, acting under the orders of

their sovereign? or will it be more correct to take their character from

the act of Congress for the preservation of peace in our harbors, which

authorizes a qualified war against persons of their demeanor, defining its

objects, and limiting its extent? Considering this act as constituting

the state of things between us and them, the captives may certainly be

held as prisoners of war. If we restore them it will be an act of favor,

and not of any right they can urge. Whether Great Britain will give us

that reparation for the past and security for the future, which we have

categorically demanded, cannot as yet be foreseen; but we have believed

we should afford an opportunity of doing it, as well from justice and the

usage of nations, as a respect to the opinion of an impartial world, whose

approbation and esteem are always of value. This measure was requisite,

also, to produce unanimity among ourselves; for however those nearest

the scenes of aggression and irritation may have been kindled into a

desire for war at short hand, the more distant parts of the Union have

generally rallied to the point of previous demand of satisfaction and

war, if denied. It was necessary, too, for our own interests afloat on

the ocean, and under the grasp of our adversary; and, added to all this,

Great Britain was ready armed and on our lines, while we were taken by

surprise, in all the confidence of a state of peace, and needing time to

get our means into activity. These considerations render it still useful

that we should avoid every act which may precipitate immediate and general

war, or in any way shorten the interval so necessary for our own purposes;

and they render it advisable that the captives, in the present instance,

should be permitted to return, with their boat, arms, &c., to their ships.

Whether we shall do this a second, a third, or a fourth time, must still

depend on circumstances. But it is by no means intended to retire from

the ground taken in the proclamation. That is to be strictly adhered to.

And we wish the military to understand that while, for special reasons,

we restore the captives in this first instance, we applaud the vigilance

and activity which, by taking them, have frustrated the object of their

enterprise, and urge a continuance of them, to intercept all intercourse

with the vessels, their officers and crews, and to prevent them from

taking or receiving supplies of any kind; and for this purpose, should the

use of force be necessary, they are unequivocally to understand that force

is to be employed without reserve or hesitation. I salute you with great

esteem and respect.

TO GOVERNOR CABELL.

WASHINGTON, July 27, 1807.

SIR,--The Secretary at War having returned from New York, we have

immediately taken up the question respecting the discharge of the militia,

which was the subject of your two last letters, and which I had wished

might remain undecided a few days. From what we have learnt of the conduct

of the British squadron in the Chesapeake, since they have retired from

Hampton Roads, we suppose that, until orders from England, they do not

contemplate any further acts of hostility, other than those they are

daily exercising, by remaining in our waters in defiance of the national

authority, and bringing to vessels within our jurisdiction. Were they even

disposed to make an attempt on Norfolk, it is believed to be sufficiently

secured by the two frigates Cybele and Chesapeake, by the twelve gun-boats

now there, and four more from Matthews county expected,--by the works

of Fort Nelson; to all of which we would wish a company of artillery, of

the militia of the place, to be retained and trained, putting into their

hands the guns used at Fort Norfolk and Cape Henry, to cut off from these

vessels all supplies, according to the injunctions of the proclamation,

and to give immediate notice to Norfolk should any symptoms of danger

appear,--to oppose which the militia of the borough and the neighboring

counties should be warned to be in constant readiness to march at a

moment's warning. Considering these provisions as quite sufficient for the

safety of Norfolk, we are of opinion that it will be better immediately

to discharge the body of militia now in service, both on that and the

other side of James river. This is rendered expedient, not only that we

may husband from the beginning those resources which will probably be

put to a long trial, but from a regard to the health of those in service,

which cannot fail to be greatly endangered during the sickly season now

commencing, and the discouragement, which would thence arise, to that

ardor of public spirit now prevailing. As to the details necessary on

winding up this service, the Secretary at War will write fully, as he

will, also, relative to the force retained in service, and whatever may

hereafter concern them or their operations, which he possesses so much

more familiarly than I do, and have been gone into by myself immediately,

only on account of his absence on another service.

The diseases of the season incident to most situations on the tide-waters,

now beginning to show themselves here, and to threaten some of our

members, together with the probability of a uniform course of things in

the Chesapeake, induce us to prepare for leaving this place during the

two sickly months, as well for the purposes of health as to bestow some

little attention to our private affairs, which is necessary at some time

of every year. Our respective stations will be fixed and known, so that

everything will find us at them, with the same certainty as if we were

here; and such measures of intercourse will be established as that the

public business will be carried on at them, with all the regularity and

dispatch necessary. The present arrangements of the post office admit an

interchange of letters between Richmond and Monticello twice a week, if

necessary, and I propose that a third shall be established during the two

ensuing months, of which you shall be informed. My present expectation

is to leave this place for Monticello, about the close of this or the

beginning of the next week. The Secretary at War will continue in this

neighborhood until we shall further see that the course of things in the

Chesapeake will admit of his taking some respite. I salute you with great

esteem and respect.

TO COLONEL TATHAM.

WASHINGTON, July 28, 1807.

SIR,--Your several letters from the 10th to the 23d, inclusive, have been

duly received, and have served to regulate our belief of the state of

things in Lynhaven, amidst the variety of uncertain reports which were

afloat. In mine of the 6th, I mentioned that it would be necessary for

me to ask the continuance of this service from you only until I could

ascertain the course the squadron of Commodore Douglass meant to pursue.

We are now tolerably satisfied as to that course. From everything we

have seen, we conclude that it is not their intention to go into a state

of general war, or to commit further hostilities than remaining in our

waters in defiance, and bring-to vessels within them, until they get

their orders from England. We have therefore determined to keep up only a

troop of cavalry for patrolling the coast opposite them, and preventing

their getting supplies, and the naval and artillery force, now in

Norfolk, for its defence. In this state of things, and in consideration

of the unhealthy season now approaching at this as other places on the

tide-waters, and which we have always retired from about this time, the

members of the administration, as well as myself, shall leave this place

in three or four days, not to return till the sickly term is over, unless

something extraordinary should re-assemble us. It is therefore unnecessary

for me to ask any longer the continuance of your labors. You will be so

good as to make the proper disposition of whatever articles you may have

found it necessary to procure on public account, to make up the accounts

for your services according to the principles stated in my letter of the

6th, and to send them either to myself for the Navy department, or to

the head of that department directly. They would find me at Monticello.

With my thanks for the diligence with which you have executed this trust,

accept my salutations and assurances of esteem and respect.

TO GENERAL SMITH.

WASHINGTON, July 30, 1807.

DEAR SIR,--I kept up your letter of the 23d till the return of General

Dearborne enabled us to give to the question of lending arms, a serious

consideration. We find that both law and expediency draw a line for

our guide. In general, our magazines are open for troops, militia, or

others, when they take the field for actual service. Besides this, a law

has expressly permitted loans for training volunteers who have engaged

themselves for immediate service. The inference is, that we are not to

lend to any others. And indeed, were we to lend for training the militia,

our whole stock would not suffice, and not an arm would be left for real

service. You are sensible, I am sure, that however desirous we might be of

gratifying the particular request you have made, yet as what we do for one

we must do for another, we could not afterwords stop.

Of the measures suggested in your preceding letter, one only did not

exactly meet our ideas. We thought it better not to convene Congress

till the 26th of October. Within a fortnight after that we may expect our

vessel with the answer of England. Until that arrives there would be no

ground sufficiently certain for Congress to act on. In the meanwhile we

are making every preparation which could be made were they in session.

The detachment act and its appropriation authorizes this. Congress

could not declare war without a demand of satisfaction, nor should they

lay an embargo while we have so much under the grasp of our adversary.

They might, indeed, authorize the building more gun-boats; but having

so lately negatived that proposition, it would not be respectful in me

even to suggest it again, much less to make it the ground of convening

them. If they should change their minds, and authorize the building more,

(and indeed I think two hundred more, at least, are necessary, in aid of

other works, to secure our harbors,) the winter will suffice for building

them, and the winter will also enable us to do much towards batteries and

fortifications, if the appropriation be made early. We find that we cannot

man our gun-boats now at Norfolk. I think it will be necessary to erect

our sea-faring men into a naval militia, and subject them to tours of duty

in whatever port they may be.

We have been for some time under dread from the bilious season,

now commencing. Mr. Madison and Mr. Gallatin have had symptoms of

indisposition. We have nearly everything so arranged as that we can carry

on the public affairs at our separate stations. I shall therefore leave

this on the 1st of August, for that and the ensuing month. We shall avoid,

as far as we honorably can, every act which would precipitate general

hostilities, and shorten the interval so necessary for our merchants

to get in their property and our seamen. Accept my salutations, and

assurances of great esteem and respect.

TO THE MASTERS OF VESSELS IN THE PORT OF CHARLESTON, S. C.

WASHINGTON, July 30, 1807.

The offer of your professional services in any way most useful to your

country, merits and meets the highest praise. Should the outrages lately

committed by the agents of a foreign power, in the Chesapeake and its

neighborhood, extend themselves to your port, your services will be

valuable towards its security; and if a general appeal is to be made to

the public arm for the support of our rights, the spirit from which your

offer flows, that which animates our nation, will, I trust, be their

sufficient safeguard.

I tender for your country the thanks you so justly deserve.

TO GOVERNOR CABELL.

WASHINGTON, July 31, 1807.

DEAR SIR,--I shall to-morrow set out for Monticello. Considering the

critical state of things, it has been thought better, during my stay

there, to establish a _daily_ conveyance of a mail from Fredericksburg to

Monticello. This enables me to hear both from the north and south every

day. Should you have occasion then to communicate with me, your letters

can come to me daily by being put into the Fredericksburg mail, every day

except that on which the mail stage leaves Richmond for Milton, by which

letters of that day will come to me directly.

The course which things are likely to hold for some time has induced me to

discontinue the establishment at Lynhaven for obtaining daily information

of the movements of the squadron in that neighborhood. But still as it

is expected that a troop of cavalry will patrole that coast constantly,

I think it would be advisable if your Excellency would be so good as to

instruct the commanding officer of the troop to inform you daily of the

occurrences of the day, sending off his letter in time to get to Norfolk

before the post hour. This letter, after perusal for your own information,

I would ask the favor of you to forward by the post of the day, under

cover to me. I think a post comes one day from Norfolk by the way of

Petersburg, and the next by the way of Hampton. If so, the letters may

come every day. I salute you with great and sincere esteem and respect.

TO COLONEL JOHN TAYLOR.

WASHINGTON, August 1, 1807.

DEAR SIR,--I received two days ago your letter recommendatory of Mr.

Woodford. I knew his father well, and can readily believe that his merits

are descended on the son, and especially after what you say of him. If we

could always have as good grounds to go upon, it would greatly relieve the

terrible business of nominations. But lest you should not have attended to

it, I have taken up my pen in the moment of setting out for Monticello,

to remind you that whether we receive the militia or volunteers from the

States, the appointment of officers will be with them. There therefore

should be Mr. Woodford's application. Should we have war with England,

regular troops will be necessary; and though in the first moments of the

outrage on the Chesapeake I did not suppose it was by authority from their

government, I now more and more suspect it, and of course, that they will

not give the reparation for the past and security for the future, which

alone may prevent war. The new depredations committing on us, with this

attack on the Chesapeake, and their calling on Portugal to declare on

the one side or the other, if true, prove they have coolly calculated it

will be to their benefit to have everything on the ocean fair prize, and

to support their navy by plundering all mankind. This is the doctrine of

"war in disguise," and I expect they are going to adopt it. It is really

mortifying that we should be forced to wish success to Bonaparte, and

to look to his victories as our salvation. We expect the return of the

Revenge the second week in November, with their answer, or no answer,

which will enable Congress to take their course. In the meantime, we will

have everything as ready as possible for any course they may prefer. I

salute you with friendship and respect.

TO GENERAL DEARBORNE.

MONTICELLO, August 7, 1807.

I dare say that Purcell's map must be of value, and it would be well if

his representatives would publish it, but whether worth your purchase, and

at what price, General Wilkinson might perhaps satisfy you. I shall write

to Marentille that if you think it worth while to give him fifty thousand

dollars for his project, you will inform him. In the contrary case, it

may be put away in your pigeon hole of projects. Governor Cabell, after

informing me of the orders for the discharge of the militia, except a

company of artillery, and one of cavalry, as we directed, adds: "I have,

however, in pursuance of the advice of council, done what your letter

did not expressly authorize. But when I state to you the reasons which

influenced the measure, I hope you will approve it. You relied entirely on

the troop of horse for cutting off the supplies. But we have received the

most satisfactory information of the insufficiency of cavalry to perform

that service, in consequence of the particular nature of the country in

which they have to act. It is covered with sandbanks and hills, which,

in many places (where supplies are most easily procured), render cavalry

incapable of action. So severe has this service been, that it has already

almost knocked up as fine a battalion of cavalry as any in the United

States, perhaps as any in the world. Influenced by these considerations,

which we believe had not presented themselves to your mind, because you

had not received the necessary information as to facts, the executive have

called into service a company of infantry from the county of Princess

Anne, to co-operate with the cavalry in cutting off the supplies. Since

giving these orders, I understand that General Mathews has anticipated

us by calling into actual service the very force we contemplated." Our

object was certainly to prevent supplies, and if the means we thought of

are not adequate, we should, had we known all circumstances, have provided

what would have been effectual; for I think the point of honor requires

we should enforce the proclamation in those points in which we have

force sufficient. I shall await your opinion, however, before I answer

the Governor's letter. Information as late as August 3d, shows that the

squadron was quiet in and near the Bay, and General Thomas Hardy, to whom

Tazewell delivered the five men, declared to him that his objection to

intercourse by flag, was that the two nations were not in a state of war,

which alone required it. He said he expected Barclay, or General Robert

Lowrie, in a week to take the command. I salute you with sincere affection

and respect.

TO HIS EXCELLENCY GOVERNOR CABELL.

MONTICELLO, August 7, 1807.

DEAR SIR,--Your letters of July 31st and August 5th were received

yesterday. The ground taken in conformity with the Act of Congress, of

considering as public enemies British armed vessels in or entering our

waters, gives us the benefit of a system of rules, sanctioned by the

practice of nations in a state of war, and consequently enabling us

with certainty and satisfaction to solve the different cases which may

occur in the present state of things. With these rules most officers are

acquainted, and especially those old enough to have borne a part in the

revolutionary war.

1. As to the enemy within our waters, intercourse, according to the

usages of war, can only be by flag; and the ceremonies respecting that are

usually a matter of arrangement between the adverse officers commanding in

the neighborhood of each other. If no arrangement is agreed on, still the

right of sending a flag is inherent in each party, whose discretion will

direct him to address it to the proper adverse authority; as otherwise

it would be subject to delay or rejection. Letters addressed by flag

to persons in authority with the adverse power, may be sent sealed, and

should be delivered. But, if to others, or to their own friends happening

to be within the limits of the adversary, they must be open. If innocent

in the judgment of the receiving officer, courtesy requires their

delivery; if otherwise, they may be destroyed or returned by him; but in

a case of only suspended amity, as ours, they should be returned. Letters

sent from the interdicted vessels to their consul in Norfolk must be open;

and the propriety of delivering them judged of by our officer, tempering

his judgment however with liberality and urbanity. Those to their minister

plenipotentiary here, sealed or unsealed, should be sent to the Secretary

of State without any delay. As to the demand of fugitive slaves, it was

the custom during the late war, for the owner to apply to our commander

for a flag, and to go himself with that, to exhibit his claim and receive

the fugitive. And with respect to Americans detained on board their ships,

the application should be still, as heretofore, made through the Secretary

of State, to whose proper documents are to be furnished. But without

waiting for his application, the British officer, knowing them to be

Americans and freemen, cannot but feel it a duty to restore them to their

liberty on their own demand.

2. As to the residue of the British nation, with whom we are as yet in

peace, their persons and vessels, unarmed, are free to come into our

country without question or molestation. And even armed vessels, in

distress, or charged, under due authority, with despatches addressed to

the government of the United States, or its authorized agents, are, by

a proviso in the proclamation, to be received. This exception was meant

to cover the British packets coming to New York, which are generally

armed, as well as to keep open, through other channels, the communication

between the governments. Such a vessel as the Columbine needs no flag,

because she is not included in the interdict. Her repairs and supplies

are to be regulated by the collector of the port, who may permit them

liberally (if no abuse be justly suspected) so far as wanted to carry her

back to the port from whence she came. The articles of intercourse, stay

and departure, are to be specially superintended by such person as the

government shall authorize and instruct.

I have thus far, in compliance with your request, stated the practice

of nations so generally as to meet the cases which may arise in the

neighborhood of Norfolk. In doing this, I may, in some cases, have

mistaken the practice. Where I have done so, I mean that my opinion shall

be subject to correction from that practice. On determining that the

militia should be disbanded, except so small a portion as would require

only a major to command, we concluded that so long as Captain Decatur

should remain in his present station, he should be the officer to receive,

authorize and regulate intercourse by flag, with the British squadron in

the Chesapeake. He has accordingly, I expect, received instructions to

that effect, from the Secretary of the Navy, and I shall communicate to

him a copy of this letter to assist him in that duty.

The Secretary at War, I presume, has written to you on the appointment of

a Major to command the militia retained. In your selection of the officer,

I have no doubt you will be sensible of the importance of naming one of

intelligence and activity, as on him we are to rely for daily information

from that interesting quarter.

I salute you with friendship and respect.

TO HIS EXCELLENCY GOVERNOR LEWIS.

MONTICELLO, August 8, 1807.

SIR,--I have just now received from the Secretary at War, a letter to

him from the Secretary of the territory of Louisiana, requesting him

to tender to the President of the United States the services of the

members of the Military School of the Mine à Burton, as a volunteer

corps, under the late act of Congress authorizing the acceptance of

the services of volunteer corps. As you are now proceeding to take upon

you the government of that territory, I pray you to be the bearer of my

thanks to them for this offer, and to add the pleasure it gives me to

receive further their assurances that they will cordially co-operate in

the restoration of that harmony in the territory, so essential to its

happiness, and so much desired by me. They, as well as all the other

inhabitants of the territory, may rest satisfied that all the authorities

of the general government entertain towards them the most liberal and

paternal dispositions, and wish nothing more ardently than to do for their

happiness whatever these dispositions may dictate. Want of information, or

misinformation, may defeat their first efforts towards this object, but as

they advance in obtaining more correct knowledge of their situation, they

will be able to establish for them in the end such regulations as will

secure their religious, political and civil rights.

As the direction of the militia will be in your hands, I must request you

to exercise for me the powers given by the act above mentioned, respecting

volunteers, and to arrange them to the best advantage for the prompt

and effectual defence of the territory. I salute you with friendship and

respect.

TO THE SECRETARY OF STATE.

MONTICELLO, August 9, 1807.

DEAR SIR,--Yours of yesterday was received in the course of the day. Our

post-rider has not yet got to be punctual, arriving here from two to four

hours later than he should do, that is to say from 3 to 5 o'clock instead

of 1. I mean to propose to him that being rigorously punctual in his

arrival, I will always discharge him the moment he arrives, instead of

keeping him till 7 o'clock as the postmaster proposes, taking for myself

the forenoon of the succeeding day to answer every mail. I do not exactly

recollect who of the heads of departments were present, (but I think every

one except Mr. Gallatin,) when, conversing on the bungling conduct of our

officers with respect to Erskine's letters, and the more bungling conduct

to be expected when the command should devolve on a militia major, Mr.

Smith proposed that the whole regulation of flags should be confided to

Decatur, which appeared to obtain the immediate assent of all. However,

the remedy is easy, and perhaps more proper on the whole. That is, to

let the commanding officer by land, as well as the one by water, have

equal authority to send and receive flags. I will write accordingly to

Governor Cabell. This is the safer, as I believe T. Newton (of Congress)

is the Major. General Dearborne has sent me a plan of a war establishment

for fifteen thousand regulars for garrisons, and instead of fifteen

thousand others, as a disposable force, to substitute thirty-two thousand

twelve-month volunteers, to be exercised and paid three months in the

year, and consequently the costing no more than eight thousand permanent,

giving us the benefit of thirty-two thousand for any expedition, who would

be themselves nearly equal to regulars, but could on occasion be put into

the garrisons and the regulars employed in the expedition _primâ facie_. I

like it well. I salute you affectionately.

P. S. The record of the blank commission for Marshal of North Carolina,

sent to Governor Alexander, must be filled up with the name of John S.

West, the former Marshal, who has agreed to continue.

TO THE SECRETARY AT WAR.

MONTICELLO, August 9, 1807.

DEAR SIR,--I received yesterday yours of the 7th, with the proposition

for substituting thirty-two thousand twelve-month volunteers instead of

fifteen thousand regulars as a disposable force, and I like the idea much.

It will of course be a subject of consideration when we all meet again,

but I repeat that I like it greatly.

On some occasion, a little before I left Washington, when we were together

(all, I think, except Mr. Gallatin, but I am not quite so sure as to

yourself as the others), conversing on the bungling business which had

been made by the officers commanding at Norfolk, with Erskine's letters,

and the more bungling conduct to be expected when the command should

devolve on a militia major, Mr. Smith proposed that the whole business of

flags should be committed to Decatur. This appeared to obtain at once the

general approbation. Thinking it so settled, on lately receiving a letter

from Governor Cabell, asking full and explicit instructions as to the mode

of intercourse, I endeavored to lay down the general rules of intercourse

by flag, as well digested as I could to meet all cases, but concluded

by informing him that that whole business was committed to Decatur. Mr.

Madison now informs me that either not recollecting or not understanding

this to have been the arrangement, instructions have been given to the

officer commanding by land, relative to intercourse, which may produce

collision. The remedy I think is easy, and will on the whole place the

matter on more proper ground. That is, to give to the commanding officers

by land as well as sea, equal authority to send and receive flags. This

is the safer, as I see by the papers that Mr. Newton (of Congress) is the

Major. I shall accordingly write to Governor Cabell to-day to correct the

error, and to inform him that the two commanders stand on an equal footing

in the direction of flags.

I wrote you yesterday as to the additional company of infantry employed,

and shall await your opinion before I say anything on it to the Governor.

I salute you affectionately.

TO HIS EXCELLENCY GOVERNOR CABELL.

MONTICELLO, August 9, 1807.

DEAR SIR,--In my letter of the 7th I informed you that on consultation

at Washington, it had been concluded best to commit the whole business

of flags to Captain Decatur. I now find that I had not recollected our

conclusion correctly, and that it had been understood that the commanding

officers by land and water, should have equal authority to license the

sending and receiving flags; which is not only proper, but the more

satisfactory, as I learn by the papers that Mr. Newton, of Congress, is

the commanding Major. Will you be so good as to have him furnished with a

copy of my letter, (with a correction of the error,) that he and Captain

Decatur may govern themselves by the same rules. I salute you with great

esteem and respect.

TO MR. THORNWICK CHASE.

MONTICELLO, August 9, 1807.

SIR,--On receiving tenders of service from various military corps,

I have usually addressed the answer to the officer commanding them.

Observing in the address of the Master Mariners of Baltimore of July

16th, that being probably unorganized, no commanding officer was named,

I considered the first person on the list of subscribers as a kind of

foreman, and therefore addressed my answer to him. I now, with pleasure,

correct, on reflection, that error, by enclosing a duplicate of the

answer to yourself, as the chairman whom they had chosen as the channel

of communication, having nothing more at heart than to prove my respect

for yourself and the Master Mariners of Baltimore. Accept for yourself and

them the assurances of my high consideration.

TO THE SECRETARY OF THE NAVY.

MONTICELLO, August 9, 1807.

DEAR SIR,--Soon after my arrival here I received a letter from Governor

Cabell, requesting me to give such instructions for regulating the

intercourse with the British squadron as might enable the officers to act

correctly. I accordingly undertook to digest the rules of practice, as

to flags, as well as I could, and so as to meet all cases, in a letter to

the Governor, a copy of which I now enclose you. Soon after sending it, I

learnt from Mr. Madison that the arrangement at Washington had not been

known or understood to exclude the officer commanding on shore from the

right of communicating by flag, and that some particular orders from the

War office, respecting Mr. Erskine's letter, might produce a collision. I

have therefore written to Governor Cabell, making the correction stated

at the foot of the enclosed letter, which is the safer. As Mr. Newton

(of Congress) is the Major Commandant ashore, you will see by the letter

that I meant to send a copy of it to Captain Decatur, but have thought it

more proper to send it you, with a request to forward it, or a copy, to

him. Mr. Newton receiving also a copy, they will be enabled to act by one

uniform rule. I salute you with affection and respect.

TO THE SECRETARY AT WAR.

MONTICELLO, August 11, 1807.

DEAR SIR,--In mine of the day before yesterday, I informed you that to

comply with a request of Governor Cabell, I had undertaken to lay down

rules of intercourse with the British vessels, at first intended for

Captain Decatur only, but afterwards extended with equal power to the

officer commanding by land, so that each should have equal power to send

and receive flags. I now send you a copy of that letter. Since that I have

received from the Governor a letter, pointing out difficulties occurring

in the execution of the Volunteer act, from the restriction of issuing

commissions until the companies be actually raised, the brigades, &c.,

organized. Another difficulty, not mentioned in the letter, embarrassed

him, with respect to accepting more than the quota of each district. I

learnt, through a direct channel, that he was so seriously impressed with

these legal obstacles, that no commissions were likely to be issued, and

then, certainly, that few volunteers would be raised. In answering his

letter, therefore, I have dwelt more on these points than might otherwise

have seemed necessary. I enclose the letter for your consideration, that

if you find no error in it material enough to require a return of it for

correction, you will be so good as to seal and forward it to him without

delay. But if you think anything material in it should be corrected before

it is sent, I will pray you to suggest the alteration, and return me the

letter. I salute you affectionately.

P. S. Be pleased to return the Governor's letter to me.

TO HIS EXCELLENCY GOVERNOR CABELL.

MONTICELLO, August 11, 1807.

DEAR SIR,--Your favor of the 7th is received. It asks my opinion on

several points of law arising out of the act of Congress for accepting

thirty thousand volunteers. Although your own opinion, and those of some

of your counsellors, more recent in the habit of legal investigation,

would be a safer guide for you than mine, unassisted by my ordinary and

able associates, yet I shall frankly venture my individual thoughts on the

subject, and participate with you in any risks of disapprobation to which

an honest desire of furthering the public good may expose us.

In the construction of a law, even in judiciary cases of _meum et tuum_,

where the opposite parties have a right and counter-right in the very

words of the law, the Judge considers the intention of the law-giver as

his true guide, and gives to all the parts and expressions of the law,

that meaning which will effect, instead of defeating, its intention.

But in laws merely executive, where no private right stands in the way,

and the public object is the interest of all, a much freer scope of

construction, in favor of the intention of the law, ought to be taken, and

ingenuity ever should be exercised in devising constructions, which may

save to the public the benefit of the law. Its intention is the important

thing: the means of attaining it quite subordinate. It often happens

that, the Legislature prescribing details of execution, some circumstance

arises, unforeseen or unattended to by them, which would totally frustrate

their intention, were their details scrupulously adhered to, and deemed

exclusive of all others. But constructions must not be favored which go

to defeat instead of furthering the principal object of their law, and

to sacrifice the end to the means. It being as evidently their intention

that the end shall be attained as that it should be effected by any given

means, if both cannot be observed, we are equally free to deviate from the

one as the other, and more rational in postponing the means to the end.

In the present case, the object of the act of Congress was to relieve the

militia at large from the necessity of leaving their farms and families,

to encounter a service very repugnant to their habits, and to permit

that service to be assumed by others ardently desiring it. Both parties,

therefore, (and they comprehend the whole nation,) would willingly waive

any verbal difficulties, or circumstances of detail, which might thwart

their mutual desires, and would approve all those views of the subject

which facilitate the attainment of their wishes.

It is further to be considered that the Constitution gives the executive

a general power to carry the laws into execution. If the present law

had enacted that the service of thirty thousand volunteers should be

accepted, without saying anything of the means, those means would, by

the Constitution, have resulted to the discretion of the executive.

So if means specified by an act are impracticable, the constitutional

power remains, and supplies them. Often the means provided specially

are affirmative merely, and, with the constitutional powers, stand well

together; so that either may be used, or the one supplementary to the

other. This aptitude of means to the end of a law is essentially necessary

for those which are executive; otherwise the objection that our government

is an impracticable one, would really be verified.

With this general view of our duty as executive officers, I proceed to the

questions proposed by you.

1st. Does not the act of Congress contemplate the association of companies

to be formed before commissions can be issued to the Captains, &c.?

2d. Can battalion or field-officers be appointed by either the State or

Congressional laws, but to battalions or regiments actually existing?

3d. The organization of the companies into battalions and regiments

belonging to the President, can the Governor of the State issue

commissions to these officers before that organization is made and

announced to him?

4th. Ought not the volunteers tendering their services, under the act

of February 24th, 1807, to be accepted by the President before the

commissions can issue?

Had we no other executive powers but those given in this act, the first,

second, and third questions would present considerable difficulties,

inasmuch as the act of Congress does appear, as you understand it, to

contemplate that the companies are to be associated, and the battalions,

squadrons, regiments, brigades, and divisions organized, before

commissions are to issue. And were we to stop here the law might stop

also; because I verily believe that it will be the zeal and activity

alone of those destined for commands, which will give form and body to

the floating ardor of our countrymen to enter into this service, and bring

their wills to a point of union and effect. We know from experience that

individuals having the same desires are rarely brought into an association

of them, unless urged by some one assuming an agency, and that in military

associations the person of the officer is a material inducement. Whether

our constitutional powers to carry the laws into execution, would not

authorize the issuing a previous commission (as they would, had nothing

been said about commissions in the law), is a question not necessary

now to be decided; because they certainly allow us to do what will be

equally effectual. We may issue instructions or warrants to the persons

destined to be captains, &c., authorizing them to superintend the

association of the companies, and to perform the functions of a captain

&c., until commissions may be regularly issued, when such a commission

will be given to the bearer, or a warrant authorizing the bearer to

superintend the organization of the companies associated in a particular

district, into battalions, squadrons, &c., and otherwise to perform the

functions of a colonel &c., until a commission may regularly issue, when

such a commission will be given to the bearer. This is certainly within

the constitutional powers of the executive, and with such a warrant, I

believe, the person bearing it would act with the same effect as if he had

the commission.

As to the fourth question, the execution of this law having been

transferred to the State executives, I did consider all the powers

necessary for its execution as delegated from the President to them.

Of this I have been so much persuaded that, to companies offering their

services under this law, I have answered that the power of acceptance was

in the Governor, and have desired them to renew their offer to him. If

the delegation of this power should be expressly made, it is hereby fully

delegated.

To the preceding I will add one other observation. As we might still

be disappointed in obtaining the whole number of 11,563, were they

apportioned among the several districts, and each restrained to its

precise apportionment (which some might fail to raise), I think it would

better secure the complete object of the law to accept all proper offers,

that the excess of some districts may supply the deficiencies of others.

When the acceptances are all brought together, the surplus, if any, will

be known, and, if not wanted by the United States, may be rejected; and

in doing this, such principles of selection may be adopted as, without

any imputation of partiality, may secure to us the best offers. For

example, first, we may give a preference to all those who will agree to

become regulars, if desired. This is so obviously for the public advantage

that no one could object to it. Second, we may give a preference to

twelve-month volunteers over those for six months; and other circumstances

of selection will of course arise from the face of the offers, such as

distribution, geographical position, proportion of cavalry, riflemen, &c.

I have thus, without reserve, expressed my ideas on the several doubts

stated in your letters, and I submit them to your consideration. They

will need it the more, as the season and other circumstances occasioning

the members of the administration to be in a state of separation at this

moment, they go without the stamp of their aid and approbation. It is our

consolation and encouragement that we are serving a just public, who will

be indulgent to any error committed honestly, and relating merely to the

means of carrying into effect what they have manifestly willed to be a

law.

I salute you with great esteem and respect.

TO THE SECRETARY AT WAR.

MONTICELLO, August 12, 1807.

DEAR SIR,--I return you all the papers received in yours of the 9th,

except Morrison's letter on the subject of Alston, which, although

expressed to be confidential, I send to Mr. Hay under that injunction,

merely for his information, should there be other bearings on the same

point. In my conscience, I have no doubt as to his participation. To

your papers I add some others, particularly respecting the defence of

St. Mary's and Beaufort, that you may take them into consideration as a

part of the general subject of defence. I sincerely wish this business

of levying duty on Creek goods could be stopped. We have no right to make

them contribute to the support of our government. The conduct of Captain

Isaac is nettling. But what can we do while we are in the wrong? I wonder

we hear nothing from Hawkins on the subject. I wish Governor Harrison

may be able to have the murder of the Kaskaskian by the Kickapoo settled

in the Indian way. I think it would not be amiss for him to bring over

Decoigne secretly by a douceur, by which he is easily influenced. I think,

too, that if the apprehension of the murderer, Rea, could be effected by

our making up Harrison's reward of three hundred dollars to one thousand,

it would be well laid out. Both the Indians and our own people want some

example of punishment for the murder of an Indian. With respect to the

prophet, if those who are in danger from him would settle it in their

own way, it would be their affair. But we should do nothing towards it.

That kind of policy is not in the character of our government, and still

less of the paternal spirit we wish to show towards that people. But

could not Harrison gain over the prophet, who no doubt is a scoundrel,

and only needs his price? The best conduct we can pursue to countervail

these movements among the Indians, is to confirm our friends by redoubled

acts of justice and favor, and to endeavor to draw over the individuals

indisposed towards us. The operations we contemplate, should there be

occasion for them, would have an imposing effect on their minds, and, if

successful, will indeed put them entirely in our power; if no occasion

arises for carrying these operations into effect, then we shall have

time enough to get the Indian mind to rights. I think it an unlucky time

for Governor Hull to press the purchase of their lands, and hope he will

not press it. That is the only point on which the Indians feel very sore

towards us. If we have war, those lands cannot now be settled; if peace,

any future movement will be more favorable.

I really believe that matters in the Chesapeake will remain quiet until

further orders from England, and that so soon as you have set all works

of preparation into motion, your visit to your family and affairs may be

safely made. Be so good as to inform me how I am to address letters which

I wish to go to yourself personally during your absence.

Wishing you a happy meeting with your friends, I salute you with affection

and respect.

TO THE SECRETARY OF STATE.

MONTICELLO, August 16, 1807.

DEAR SIR,--I received yesterday your two letters without date, on the

subjects now to be answered. I do not see any objection to the appointment

of Mr. Cocke, as agent at Martinique. That of a consul at Mogadore is

on more difficult ground. A consul in Barbary is a diplomatic character;

although the title does not imply that. He receives a salary fixed by the

Legislature; being independent of Simpson, we should have two ministers to

the same sovereign. I should therefore think it better to leave the port

of Mogadore to an agent of Simpson's appointment, and under his control.

If anything Thrasonic and foolish from Spain could add to my contempt

of that government, it would be the demand of satisfaction now made by

Foronda. However, respect to ourselves requires that the answer should be

decent, and I think it fortunate that this opportunity is given to make a

strong declaration of facts, to wit, how far our knowledge of Miranda's

objects went, what measures we took to prevent anything further, the

negligence of the Spanish agents to give us earlier notice, the measures

we took for punishing those guilty, and our quiet abandonment of those

taken by the Spaniards. But I would not say a word in recrimination as

to the western intrigues of Spain. I think that is the snare intended

by this protest, to make it a set-off for the other. As soon as we have

all the proofs of the western intrigues, let us make a remonstrance and

demand of satisfaction, and, if Congress approves, we may in the same

instant make reprisals on the Floridas, until satisfaction for that

and for spoliations, and until a settlement of boundary. I had rather

have war against Spain than not, if we go to war against England. Our

southern defensive force can take the Floridas, volunteers for a Mexican

army will flock to our standard, and rich pabulum will be offered to our

privateers in the plunder of their commerce and coasts. Probably Cuba

would add itself to our confederation. The paper in answer to Florida

should, I think, be drawn with a view to its being laid before Congress,

and published to the world as our justification against the imputation of

participation in Miranda's projects.

TO COLONEL FULTON.

MONTICELLO, August 16, 1807.

SIR,--Your letter of July 28th, came to hand just as I was about leaving

Washington, and it has not been sooner in my power to acknowledge it. I

consider your torpedoes as very valuable means of the defence of harbors,

and have no doubt that we should adopt them to a considerable degree.

Not that I go the whole length (as I believe you do) of considering them

as solely to be relied on. Neither a nation nor those entrusted with

its affairs, could be justifiable, however sanguine its expectations,

in trusting solely to an engine not yet sufficiently tried, under all

the circumstances which may occur, and against which we know not as yet

what means of parrying may be devised. If, indeed, the mode of attaching

them to the cable of a ship be the only one proposed, modes of prevention

cannot be difficult. But I have ever looked to the submarine boat as most

to be depended on for attaching them, and though I see no mention of it

in your letter, or your publications, I am in hopes it is not abandoned

as impracticable. I should wish to see a corps of young men trained to

this service. It would belong to the engineers if at hand, but being

nautical, I suppose we must have a corps of naval engineers, to practise

and use them. I do not know whether we have authority to put any part of

our existing naval establishment in a course of training, but it shall

be the subject of a consultation with the Secretary of the Navy. General

Dearborne has informed you of the urgency of our want of you at New

Orleans for the locks there.

I salute you with great respect and esteem.

TO GOVERNOR CABELL.

MONTICELLO, August 17, 1807.

DEAR SIR,--Your favors of the 11th, 12th, and 14th were received

yesterday, being the first day for some days past that the obstruction of

the water-courses has permitted the post to come through. I now return you

the letters of General Matthews and Captain Hardy; I enclose you also two

offers of volunteers from Montgomery and Fauquier counties, because they

are expressly made under the late act of Congress. I have received a great

number of tenders of service at a moment's warning, which, appearing to me

to have relation merely to the repelling invasion in the quarter lately

violated, and not to intend an absolute engagement for twelve months,

I have only accepted generally and vaguely, without relation to the

Volunteer Act.

Your letter mentioning the calling into service near the Capes, a company

of Infantry, I enclosed to the Secretary at War for his information and

opinion, and received his answer yesterday. Your observations satisfy

him that Infantry alone can be effectual in that station, and induce him

to think that the company of Infantry should be a substitute for that of

Cavalry, and that the latter should be discharged. To the weight of his

opinion and advice, as the head of the department, is added the apparent

fact that the British squadron means to be quiet till orders from England,

an intention much strengthened by the complexion of Captain Hardy's

letter now returned. The duty therefore of husbanding our resources for

the moment of real want, requires that I should approve his opinion, and

recommend the discharge of the troop of Cavalry. The company of Infantry

will be as vigilant as they can to cut off supplies from the squadron,

according to the proclamation; and it is proper that a daily express

from the station of the company to the Norfolk Post Office should be

established under your Excellency's direction. I salute you with great

esteem and respect.

TO THE SECRETARY AT WAR.

MONTICELLO, August 18, 1807.

DEAR SIR,--Yours of the 14th and 15th were received yesterday. The

former is now returned. I shall, in answer to Mr. Nicholas, say that we

cannot lend arms but to volunteers training for immediate service, and

that as to a deposit in his neighborhood, we shall in due time take up

that subject generally, when just attention will be paid to that section

of our country. Our separation at this time having been agreed on, I

supposed it equally settled as to yourself that you also would take a

recess as soon as the affairs of your office would permit; and that no

further approbation on my part could be wanting. However, if it were, I

hope you considered my letter of the 12th as expressing it fully, so as

not to permit yourself to be detained for anything further. Wishing you

a pleasant journey and happy meeting with your family, I salute you with

affection.

TO THE SECRETARY OF STATE.

MONTICELLO, August 18, 1807.

DEAR SIR,--I return you the papers received yesterday. Mr. Erskine

complains of a want of communication between the British armed vessels

_in the_ Chesapeake, or _off_ the coast. If, by _off_ the coast, he means

those which, being generally in our waters, go occasionally out of them

to cruize or to acquire a title to communicate with their consul, it is

too poor an evasion for him to expect us to be the dupes of. If vessels

_off_ the coast, and having never violated the proclamation, wish to

communicate with their consul, they may send in by any vessel, without a

flag. He gives a proof of their readiness to restore deserters, from an

instance of the Chichester lying along-side a wharf at Norfolk. It would

have been as applicable if Captain Stopfield and his men had been in a

tavern at Norfolk. All this, too, a British sergeant _is ready_ to swear

to; and further, that he saw British deserters enlisted in their British

uniform, by our officer. As this fact is probably false, and can easily

be inquired into, names being given, and as the story of the Chichester

can be ascertained by Captain Saunders, suppose you send a copy of the

paper to the Secretary of the Navy, and recommend to him having an inquiry

made. We ought gladly to procure evidence to hang the privates, if no

objection or difficulty occur from the place of trial. If the Driver

is the scene of trial, where is she? if in our waters, we can have no

communication with her, if out of them, it may be inconvenient to send the

witnesses. Although there is neither candor nor dignity in soliciting the

victualling the Columbine for four months for a voyage of ten days, yet I

think you had better give the permission. It is not by these huckstering

manœuvres that the great national question is to be settled. I salute you

affectionately.

TO JOHN NICHOLAS.

MONTICELLO, August 18, 1807.

DEAR SIR,--Your favor of the 2d did not reach me till yesterday. That

from General Hall, communicating the patriotic resolutions of the

county of Ontario, was received the day before. Considering war as one

of the alternatives which Congress may adopt on the failure of proper

satisfaction for the outrages committed on us by Great Britain, I have

thought it my duty to put into train every preparation for that which the

executive powers, and the interval left for their exercise, will admit of.

Whenever militia take the field of actual service, the deficiencies of

their arms are of course supplied from the public magazines, and the law

also permits us to lend arms to _volunteers_ engaged, and training for

immediate service. In no case is the loan of arms to militia, remaining at

home, permitted or practiced.

The establishment of deposits of arms, to be resorted to when occasion

presses, is within the executive direction. A distribution of these

deposits, wherever there may be occasion, and in proportion to the

probable occasion, either defensive or offensive is one of the branches

of preparation which circumstances call on us to make. It will be done in

due time; and although nothing specific can now be said, yet I may safely

assure you, that whenever we proceed to settle the general arrangement,

the section of country which is the subject of your letter, shall receive

a just portion of our attention and provisions.

I learn with particular satisfaction that volunteers will be readily

engaged on that part of our frontier. It is a quarter in which they will

be particularly useful. I presume that, in consequence of the call on the

several States, the Governor will have put the engagement of volunteers

into such a course as will avail us of the favorable disposition which

prevails towards that service. I salute you with great esteem and respect.

TO MR. MADISON.

August 19, 1807.

I suppose Mr. Gamble should be told that his opinion in favor of the

appointment of a Consul General for the Danish islands being founded on

the supposition of a war with England, the executive cannot at present act

on that ground. It would seem indeed, that in the event of war, our agent

or agents in those islands would be very important persons, and should

therefore be chosen with care. I presume it would become the best office

in the gift of the United States.

It will be very difficult to answer Mr. Erskine's demand respecting the

water casks in the tone proper for such a demand. I have heard of one

who, having broke his cane over the head of another, demanded payment

for his cane. This demand might well enough have made part of an offer

to pay the damages done to the Chesapeake, and to deliver up the authors

of the murders committed on board her. I return you the papers received

yesterday. The Governor has enclosed me a letter from General Mathews of

August 13th, mentioning the recent arrival of a ship in the Chesapeake,

bearing the flag of a Vice-Admiral; from whence he concludes that Barclay

is arrived. I salute you affectionately.

TO HIS EXCELLENCY GOVERNOR CABELL.

MONTICELLO, August 19, 1807.

DEAR SIR,--I return you the papers received in your letter of the 16th.

The Secretary of State communicated to me yesterday a letter from Mr.

Erskine, containing assurances from Governor Thomas Hardy, that he should

carefully abstain from acts of violence unless he received orders from his

superiors. Although Barclay's character does not give the same confidence,

yet I see no reason to doubt that matters will continue, in the

Chesapeake, in their present train until they receive orders from their

government.

I salute you with esteem and respect.

TO GOVERNOR CABELL.

MONTICELLO, August 19, 1807.

DEAR SIR,--Your letters of August 11th, 12th, 13th, had been before

acknowledged, and in mine of this morning I acknowledged yours of the

16th, and returned the papers enclosed in it. Since writing that, I have

received another letter of yours of August 11th, which, by an error of the

Post Office, had been sent to a wrong office. I now enclose the papers

received in that. They call but for one observation, which is, that the

mode of communication by flag, as before directed, must be adhered to.

Although credit and indulgence is due to the liberality of Governor T.

Hardy, yet armed vessels remaining within our jurisdiction in defiance

of the authority of the laws, must be viewed either as rebels, or public

enemies. The latter character, it is most expedient to ascribe to them;

the laws of intercourse with persons of that description are fixed and

known. If we relinquish them we shall have a new code to settle with those

individual offenders, with whom self respect forbids any intercourse but

merely for purposes of humanity. A letter which I wrote to the Secretary

of State on the 17th, expressed my opinion that we should not higgle with

the Columbine as to the quantity of supplies, but let her have what she

wants.

These small distresses contribute nothing to the bringing an enemy to

reason. It should not be till an abuse of this liberality has taken place,

that we should be rigorous in the quantum of supplies. I salute you with

great esteem and respect.

TO THE SECRETARY OF THE NAVY.

MONTICELLO, August 20, 1807.

DEAR SIR,--Mr. Appleton, the writer of the enclosed letter, was well known

to me at Paris, but not as a man of business. He was young, handsome, and

devoted to pleasant pursuits. He is now probably forty-five, and has since

been in business, but with what qualifications or success I know not. He

was our consul at Calais, his brother is our consul at Leghorn, and his

father is (if living) a respectable merchant at Boston. All this leaves

still room for inquiry whether he is fit for your agent. While on the

subject, if you should be on the look-out, it may be worth your while to

inquire after a Colonel Dowse, (of the same town with Fisher Ames.) He is

a scientific navigator, has made voyages to the East Indies, is a sensible

and most upright man, a little too much wrapt up in religious reveries. He

has been most firm in his republicanism through all the storms and trials

which those sentiments have been exposed to in that State. I write all

this from my own knowledge of him; but I do not know he would accept the

place and quit the retirement in which he has now been several years.

I enclose you the copy of a letter I wrote Mr. Fulton. I wait his answer

as to the submarine boat, before I make you the proposition in form.

The very name of a corps of submarine engineers would be a defence. Mr.

Nicholas and his family left this neighborhood in health the day I arrived

in it. We do not give up the hope of seeing Mrs. Smith and yourself here.

I salute you with affection and respect.

TO THE SECRETARY OF THE TREASURY.

MONTICELLO, August 20, 1807.

DEAR SIR,--On the death of Imlay, loan officer of Connecticut, Jonathan

Bull (Judge Bull) is well recommended as his successor by a number of

republicans, and by Mr. Wolcott, in a special letter. A Ralph Pomeroy, of

Hartford, solicits it for himself, but sends no recommendations. Those of

Bull would leave me with little doubt of the propriety of his nomination;

but as you can so conveniently make inquiry respecting him, I will pray

you to do it, and to communicate the result to me with as little delay as

convenient, in order to preclude other solicitations.

All my information from the Capes of Chesapeake, confirms the opinion that

the present quiet train of things there is to be continued till further

orders. The interdicted officers are extremely averse to our mode of

communication by flag. But being considered as enemies rather than rebels,

while here in defiance, no other communication will be allowed. Burr's

trial goes on to the astonishment of all, as to the manner of conducting

it. I salute you with affection and respect.

TO J. MADISON.

MONTICELLO, August 20, 1807.

Your letter to Dayton I think perfectly right, unless, perhaps, the

expression of personal sympathy in the first page might be misconstrued,

and, coupled with the circumstance that we had not yet instituted a

prosecution against him, although possessed of evidence. Poor Yznardi

seems to have been worked up into distraction by the persecutions of

Meade. I enclose you a letter I have received from him. Also one from

Warden, attested by Armstrong, by which you will see that the feuds there

are not subsiding.

By yesterday's, or this day's mails, you will have received the

information that Bonaparte has annihilated the allied armies. The result

will doubtless be peace on the continent, an army despatched through

Persia to India, and the main army brought back to their former position

on the channel. This will oblige England to withdraw everything home, and

leave us an open field. An account, apparently worthy of credit, in the

Albany paper, is, that the British are withdrawing all their cannon and

magazines from Upper Canada to Quebec, considering the former not tenable,

and the latter their only fast-hold.

I salute you with sincere affection.

P. S. I had forgotten to express my opinion that deserters ought never

to be enlisted; but I think you may go further and say to Erskine, that

if ever such a practise has prevailed, it has been without the knowledge

of the Government, and would have been forbidden, if known, and if any

examples of it have existed, (which is doubted,) they must have been few,

or they would have become known. The case presented from the Chichester,

if true, does not prove the contrary, as the persons there said to have

been enlisted are believed to have been American citizens, who, whether

impressed or enlisted into the British service, were equally right in

returning to the duties they owed to their own country.

TO THE SECRETARY OF STATE.

MONTICELLO, August 20, 1807.

DEAR SIR,--Colonel Newton's inquiries are easily solved, I think, by

application of the principles we have assumed. 1. The _interdicted_

ships are _enemies_. Should they be forced, by stress of weather, to run

up into safer harbors, we are to act towards them as we would towards

enemies in regular war, in like case. Permit no intercourse, no supplies;

and if they land, kill or capture them as enemies. If they lie still,

Decatur has orders not to attack them without stating the case to me,

and awaiting instructions. But if they attempt to enter Elizabeth river,

he is to attack them without waiting for instructions. 2. Other armed

vessels, putting in from sea in distress, are _friends_. They must report

themselves to the collector, he assigns them their station, and regulates

their repairs, supplies, intercourse and stay. Not needing flags, they

are under the direction of the collector alone, who should be reasonably

liberal as to their repairs and supplies, furnishing them for a voyage to

any of their American ports; but I think with him their crews should be

kept on board, and that they should not enter Elizabeth river.

I remember Mr. Gallatin expressed an opinion that our negotiations with

England should not be laid before Congress at their meeting, but reserved

to be communicated all together with the answer they should send us,

whenever received. I am not of this opinion. I think, on the meeting of

Congress, we should lay before them everything that has passed to that

day, and place them on the same ground of information we are on ourselves.

They will then have time to bring their minds to the same state of things

with ours, and when the answer arrives, we shall all view it from the

same position. I think, therefore, you should order the whole of the

negotiation to be prepared in two copies. I salute you affectionately.

TO GEORGE HAY.

MONTICELLO, August 20, 1807.

DEAR SIR,--I received yesterday your favor of the 11th. An error of the

post office had occasioned the delay. Before an impartial jury, Burr's

conduct would convict himself, were not one word of testimony to be

offered against him. But to what a state will our law be reduced by party

feelings in those who administer it? Why do not Blannerhassett, Dayton,

&c., demand private and comfortable lodgings? In a country where an equal

application of law to every condition of man is fundamental, how could

it be denied to them? How can it ever be denied to the most degraded

malefactor? The enclosed letter of James Morrison, covering a copy of

one from Alston to Blannerhassett, came to hand yesterday. I enclose

them, because it is proper all these papers should be in one deposit,

and because you should know the case and all its bearings, that you may

understand whatever turns up in the cause. Whether the opinion of the

letter writer is sound, may be doubted. For, however these, and other

circumstances which have come to us, may induce us to believe that the

bouncing letter he published, and the insolent one he wrote to me, were

intended as blinds, yet they are not sufficient for legal conviction.

Blannerhassett and his wife could possibly tell us enough. I commiserate

the suffering you have to go through in such a season, and salute you with

great esteem and respect.

TO THE SECRETARY AT WAR.

MONTICELLO, August 28, 1807.

DEAR SIR,--I had had the letter of Mr. Jouett of July 6th from

Chicago, and that from Governor Hull, of July 14th, from Detroit, under

consideration some days, when the day before yesterday I received that of

the Governor of July 25th.

While it appeared that the workings among the Indians of that neighborhood

proceeded from their prophet chiefly, and that his endeavors were directed

to the restoring them to their ancient mode of life, to the feeding

and clothing themselves with the produce of the chase, and refusing all

those articles of meat, drink, and clothing, which they can only obtain

from the whites, and are now rendered necessary by habit, I thought it a

transient enthusiasm, which, if let alone, would evaporate innocently of

itself; although visibly tinctured with a partiality against the United

States. But the letters and documents now enclosed give to the state of

things there a more serious aspect; and the visit of the Governor of Upper

Canada, and assembling of the Indians by him, indicate the object to which

these movements are to point. I think, therefore, we can no longer leave

them to their own course, but that we should immediately prepare for war

in that quarter, and at the same time redouble our efforts for peace.

I propose, therefore, that the Governors of Michigan, Ohio, and Indiana,

be instructed immediately to have designated, according to law, such

proportions of their militia as you shall think advisable, to be ready for

service at a moment's warning, recommending to them to prefer volunteers

as far as they can be obtained, and of that description fitted for Indian

service.

That sufficient stores of arms, ammunition and provision, be deposited

in convenient places for any expedition which it may be necessary

to undertake in that quarter, and for the defence of the posts and

settlements there; and that the object of these preparations be openly

declared, as well to let the Indians understand the danger they are

bringing on themselves, as to lull the suspicion of any other object.

That at the same time, and while these preparations for war are openly

going on, Governors Hull and Harrison be instructed to have interviews by

themselves or well-chosen agents, with the chiefs of the several tribes in

that quarter, to recall to their minds the paternal policy pursued towards

them by the United States, and still meant to be pursued. That we never

wished to do them an injury, but on the contrary, to give them all the

assistance in our power towards improving their condition, and enabling

them to support themselves and their families; that a misunderstanding

having arisen between the United States and the English, war may possibly

ensue. That in this war it is our wish the Indians should be quiet

spectators, not wasting their blood in quarrels which do not concern them;

that we are strong enough to fight our own battles, and therefore ask

no help; and if the English should ask theirs, it should convince them

that it proceeds from a sense of their own weakness which would not augur

success in the end; that at the same time, as we have learnt that some

tribes are already expressing intentions hostile to the United States, we

think it proper to apprize them of the ground on which they now stand; for

which purpose we make to them this solemn declaration of our unalterable

determination, that we wish them to live in peace with all nations as

well as with us, and we have no intention ever to strike them or to do

them an injury of any sort, unless first attacked or threatened; but that

learning that some of them meditate war on us, we too are preparing for

war against those, and those only who shall seek it; and that if ever we

are constrained to lift the hatchet against any tribe, we will never lay

it down till that tribe is exterminated, or driven beyond the Mississippi.

Adjuring them, therefore, if they wish to remain on the land which covers

the bones of their fathers, to keep the peace with a people who ask their

friendship without needing it, who wish to avoid war without fearing it.

In war, they will kill some of us; we shall destroy all of them. Let them

then continue quiet at home, take care of their women and children, and

remove from among them the agents of any nation persuading them to war,

and let them declare to us explicitly and categorically that they will do

this: in which case, they will have nothing to fear from the preparations

we are now unwillingly making to secure our own safety?

These ideas may form the substance of speeches to be made to them, only

varying therein according to the particular circumstances and dispositions

of particular tribes; softening them to some, and strengthening them as

to others. I presume, too, that such presents as would show a friendly

liberality should at the same time be made to those who unequivocally

manifest intentions to remain friends; and as to those who indicate

contrary intentions, the preparations made should immediately look towards

them; and it will be a subject for consideration whether, on satisfactory

evidence that any tribe means to strike us, we shall not anticipate by

giving them the first blow, before matters between us and England are

so far advanced as that their troops or subjects should dare to join the

Indians against us. It will make a powerful impression on the Indians, if

those who spur them on to war, see them destroyed without yielding them

any aid. To decide on this, the Governors of Michigan and Indiana should

give us weekly information, and the Postmaster General should immediately

put the line of posts to Detroit into the most rapid motion. Attention,

too, is requisite to the safety of the post at Michillimacinac.

I send this letter open to the Secretary of State, with a desire that,

with the documents, it may be forwarded to the Secretary of the Navy,

at Baltimore, the Attorney General, at Wilmington, the Secretary of the

Treasury, at New York, and finally to yourself; that it may be considered

only as the origination of a proposition to which I wish each of them to

propose such amendments as their judgment shall approve, to be addressed

to yourself; and that from all our opinions you will make up a general

one, and act on it without waiting to refer it back to me.

I salute you with great affection and respect.

TO THE SECRETARY OF STATE.

MONTICELLO, August 30, 1807.

DEAR SIR,--There can be no doubt that Fronda's claim for the money

advanced to Lieutenant Pike should be repaid, and while his application

to yourself is the proper one, we must attend to the moneys being drawn

from the proper fund, which is that of the war department. I presume,

therefore, it will be necessary for you to apply to General Dearborne to

furnish the money. Will it not be proper to rebut Fronda's charge of this

government sending a spy to Santa Fé, by saying that this government has

never employed a spy in any case, and that Pike's mission was to ascend

the Arkansas and descend the Red river for the purpose of ascertaining

their geography; that, as far as we are yet informed, he entered the

waters of the North river, believing them to be those of the Red river;

and that, however certain we are of a right extending to the North river,

and participating of its navigation with Spain, yet Pike's voyage was

not intended as an exercise of that right, which we notice here, merely

because he had chosen to deny it; a question to be settled in another way.

From the present state of the tranquillity in the Chesapeake, and the

probability of its continuance, I begin to think the daily mail may soon

be discontinued, and an extra mail once a week substituted, to leave

Fredericksburg Sunday morning, and Milton Wednesday morning. This will

give us two mails a week. I should propose this change for September 9th,

which is the day I set out for Bedford, and will exactly close one month

of daily mail. What do you think of it? Affectionate salutations.

TO THE SECRETARY AT WAR.

MONTICELLO, August 31, 1807.

DEAR SIR,--Mr. Madison will have written to you on the subject of a demand

of $1,000 furnished to Lieut Pike, to be repaid to Fronda, which of course

must come out of the military fund.

I enclose you an application from Mr. Graham for a commission in the army

for a Mr. Lithgow, relation of Mr. Henderson, who solicits it, and who, I

think, has a just claim for the gratification.

I enclose you also a letter from Captain Brent to Mr. Coles on the subject

of their commissions. They presented to me a list of names engaged,

and of the officers they had chosen. I do not remember the words of my

answer; but the idea meant to be expressed was only that the officers

should be commissioned. I had no idea of fixing a date for them before

they should have raised what could be accepted as a troop. They seem to

have understood the date of my acceptance as the proper date of their

commissions. I told Mr. Coles I would consult you; and that my own idea

was to inquire what was the smallest number ever admitted as a troop or

company, and let their commissions have the date of the day on which they

had engaged that number. This may be the subject of conversation when we

meet.

I send you a paper on the defence of the mouth of the Chesapeake. We never

expect from the writer a detailed, well-digested and practicable plan;

but good ideas and susceptible of improvement sometimes escape from him.

The first question is, whether works on the shore of Lynhaven may not be

constructed for dislodging an enemy from that bay by throwing bombs? and

whether they can lie there in safety out of the reach of bombs? There

is no other place where they can lie in safety so near the Capes, not

to be in danger of being intercepted by gun-boats, and attacked with the

advantage of weather. 2d. May not artificial harbors be made on the middle

grounds and Horseshoe for the reception of gun boats, with cavaliers for

the discharge of bombs? and will not these two points and Lynhaven thus

command all the mouth of the bay? To answer these questions will require

an accurate survey of the whole field, which, if we have not, we should

direct to be made. It is an important fact that the middle grounds have

been seen bare; and that both these and the Horseshoe are always shoal.

Cannot cassoons filled with stone, and of the shape of truncated wedges,

be sunk there in close order so as to enclose a harbor for gun-boats, of

such a height as that the sea shall not go over it in the highest tides,

and of base proportioned to the height and sufficient to resist the force

of the water? The nearest stone is up James river above the Hundred, and

up York river above West Point, from whence however it can be brought

in ships of size. At New York, they calculate on depositing their stone

for from 4 to 5 cents the cubic foot. If it costs the double here, the

amount would not be disproportioned to the object, if we consider what a

vast extent of coast on the Chesapeake and its waters will otherwise be

depredated or secured by works and troops in detail. I throw out these

thoughts now that they may be under your consideration, while making up

the general statement of defensive works for the sea coast. Present my

respects to Mrs. Dearborne, and accept my affectionate salutations.

TO THE SECRETARY OF STATE.

MONTICELLO, September 1, 1807.

DEAR SIR,--I think with you we had better send to Algiers some of the

losing articles in order to secure peace there while it is uncertain

elsewhere. While war with England is probable, everything leading to

it with every other nation should be avoided, except with Spain. As to

her, I think it the precise moment when we should declare to the French

government that we will instantly seize on the Floridas as reprisal for

the spoliations denied us, and, that if by a given day they are paid to

us, we will restore all east of the Perdido, and hold the rest subject to

amicable discussion. Otherwise, we will hold them forever as compensation

for the spoliations. This to be a subject of consideration when we

assemble.

One reason for suggesting the discontinuance of the daily post was, that

it is not kept up by contract, but at the expense of the United States.

But the principal reason was to avoid giving ground for clamor. The

general idea is, that those who receive annual compensations should be

constantly at their posts. Our constituents might not in the first moment

consider 1st, that we all have property to take care of, which we cannot

abandon for temporary salaries; 2d, that we have health to take care of,

which at this season cannot be preserved at Washington; 3d, that while

at our separate homes our public duties are fully executed, and at much

greater personal labor than while we are together when a short conference

saves a long letter. I am aware that in the present crisis some incident

might turn up where a day's delay might infinitely overweigh a month's

expense of the daily post. Affectionate salutations.

TO MR. COOPER.

MONTICELLO, September 1, 1807.

DEAR SIR,--Your favor of the 9th is received, and with it the copy of

Dr. Priestley's Memoirs, for which I return you many thanks. I shall read

them with great pleasure, as I revered the character of no man living more

than his. With another part of your letter I am sensibly affected. I have

not here my correspondence with Governor McKean to turn to, but I have

no reason to doubt that the particular letter referred to may have been

silent on the subject of your appointment as stated. The facts are these:

The opinion I have ever entertained, and still entertain as strongly as

ever, of your abilities and integrity, was such as made it my wish, from

the moment I came to the administration, that you should be employed in

some public way. On a review, however, of all circumstances, it appeared

to me that the State of Pennsylvania had occasions for your service,

which would be more acceptable than any others to yourself because they

would leave you in the enjoyment of the society of Dr. Priestley, to which

your attachment was known. I therefore expressed my solicitude respecting

you to Governor McKean, whose desires to serve yourself and the public

by employing you I knew to be great, and of course that you were an

object of mutual concern, and I received his information of having found

employment for your talents with the sincerest pleasure. But pressed as

I am perpetually by an overflow of business, and adopting from necessity

the rule of never answering any letter, or part of a letter, which can

do without answer, in replying to his which related to other subjects, I

probably said nothing on that, because my former letter had sufficiently

manifested how pleasing the circumstance must be to me, and my time and

practice did not permit me to be repeating things already said. This is a

candid statement of that incident, and I hope you will see in it a silence

accounted for on grounds far different from that of a continuance of my

estimation and good wishes, which have experienced no change. With respect

to the schism among the republicans in your State, I have ever declared

to both parties that I consider the general government as bound to take

no part in it, and I have carefully kept both my judgment, my affections,

and my conduct, clear of all bias to either. It is true, as you have

heard, that a distance has taken place between Mr. Clay and myself. The

cause I never could learn nor imagine. I had always known him to be an

able man, and I believed him an honest one. I had looked to his coming

into Congress with an entire belief that he would be cordial with the

administration, and even before that I had always had him in my mind for

a high and important vacancy which had been from time to time expected,

but is only now about to take place. I feel his loss therefore with

real concern, but it is irremediable from the necessity of harmony and

cordiality between those who are to manage together the public concerns.

Not only his withdrawing from the usual civilities of intercourse with me,

(which even the federalists with two or three exceptions keep up,) but

his open hostility in Congress to the administration, leave no doubt of

the state of his mind as a fact, although the cause be unknown. Be so good

as to communicate my respects to Mr. Priestley, and to accept yourself my

friendly salutations, and assurances of unaltered esteem.

TO THE SECRETARY AT WAR.

MONTICELLO, September 2, 1807.

DEAR SIR,--My letter of August 28th, on the dispositions of the Indians,

was to go the rounds of all our brethren, and to be finally sent to you

with their separate opinions. I think it probable, therefore, that the

enclosed extract of a letter from a priest at Detroit to Bishop Carroll,

may reach you as soon, or sooner, than that. I therefore forward it,

because it throws rather a different light on the dispositions of the

Indians from that given by Hull and Dunham. I do not think, however,

that it ought to slacken our operations, because those proposed are all

precautionary. But it ought absolutely to stop our negotiations for land

otherwise the Indians will think that these preparations are meant to

intimidate them into a sale of their lands, an idea which would be most

pernicious, and would poison all our professions of friendship to them.

The immediate acquisition of the land is of less consequence to us than

their friendship and a thorough confidence in our justice. We had better

let the purchase lie till they are in better temper. I salute you with

affection and respect.

TO THE SECRETARY OF THE NAVY.

MONTICELLO, September 3.

DEAR SIR,--Your letters of August 23d, 27th, 29th, and 30th, have all been

received; the two last came yesterday. I observe that the merchants of New

York and Philadelphia think that notice of our present crisis with England

should be sent to the Straits of Sunda by a public ship, but that such a

vessel going to Calcutta, or into the Bay of Bengal, would give injurious

alarm; while those of Baltimore think such a vessel going to the Straits

of Sunda would have the same effect. Your proposition, very happily in

my opinion, avoids the objections of all parties; will do what some think

useful and none think injurious. I therefore approve of it. To wit, that

by some of the private vessels now going, instruction from the department

of State be sent to our Consul at the Isle of France, to take proper

measures to advise all our returning vessels, as far as he can, to be on

their guard against the English, and that we now appoint and send a Consul

to Batavia, to give the same notice to our vessels returning through the

Straits of Sunda. For this purpose I sign a blank sheet of paper, over

which signature the Secretary of State will have a consular commission

written, leaving a blank for the name to be filled up by yourself with the

name of such discreet and proper person as shall be willing to go. If he

does not mean to reside there as Consul, we must bear his expenses out and

in, and compensate his time. I presume you will receive this commission,

and the papers you sent me through the Secretary of State, on the 8th.

I approve of the orders you gave for intercepting the pirates, and that

they were given as the occasion required, without waiting to consult

me, which would have defeated the object. I am very glad indeed that

the piratical vessel and some of the crew have been taken, and hope the

whole will be taken; and that this has been done by the militia. It will

contribute to show the expediency of an organized naval militia.

I send you the extract of a letter I lately wrote to General Dearborne

on the defence of the Chesapeake. Your situation will better enable you

to make inquiries into the practicability of the plan than he can. If

practicable, it is all-important.

I do not see the probability of receiving from Great Britain reparation

for the wrong committed on the Chesapeake, and future security for our

seamen, in the same favorable light with Mr. Gallatin and yourself.

If indeed the consequence of the battle of Friedland can be to exclude

her from the Baltic, she may temporize with us. But if peace among the

_continental_ powers of Europe should leave her free in her intercourse

with the powers who will then be _neutral_, the present ministry, perhaps

no ministry which can now be formed, will not in my opinion give us the

necessary assurance respecting our flag. In that case, it must bring on a

war soon, and if so, it can never be in a better time for us. I look to

this, therefore, as most probably now to take place, although I do most

sincerely wish that a just and sufficient security may be given us, and

such an interruption of our property avoided. I salute you with affection

and respect.

TO THE SECRETARY OF STATE.

MONTICELLO, September 3, 1807.

DEAR SIR,--Mr. Smith's letter of August 29th and the papers it enclosed,

and which are now re-enclosed, will explain to you the necessity of my

confirming his proposition as to the means of apprizing our East India

commerce of their danger, without waiting for further opinions on the

subject. You will see that it throws on you the immediate burden of

giving the necessary instructions with as little delay as possible, lest

the occasion by the vessels now sailing should be lost. Be so good as to

return me his two letters, and to seal and forward on to him mine, and the

other papers. Affectionate salutations.

TO THE SECRETARY OF STATE.

MONTICELLO, September 3, 1807.

DEAR SIR,--After writing to Mr. Smith my letter of yesterday, by the post

of that day, I received one from him now enclosed, and covering a letter

from Mr. Crownenshield on the subject of notifying our East India trade.

To this I have written the answer herein, which I have left open for

your perusal, with Crownenshield's letter, praying that you will seal and

forward them immediately, with any considerations of your own, addressed

to Mr. Smith, which may aid him in the decision I refer to him. I do not

give to the newspaper and parliamentary scraps the same importance you do.

I think they all refer to the convention of limits sent us in the form of

a project, brought forward only as a sop of the moment for Parliament and

the public. Nothing but an exclusion of Great Britain from the Baltic will

dispose her to peace with us, and to defer her policy of subsisting her

navy by the general plunder of nations.

TO THE SECRETARY OF THE NAVY.

WASHINGTON, September 4, 1807.