remains of the animal incognitum of the Ohio (sometimes called mammoth),
possessed by the Cabinet of Natural History at Paris, is not very copious.
Under this impression, and presuming that this Cabinet is allied to the
National Institute, to which I am desirous of rendering some service, I
have lately availed myself of an opportunity of collecting some of those
remains. General Clarke (the companion of Governor Lewis in his expedition
to the Pacific Ocean) being, on a late journey, to pass by the Big-bone
Lick of the Ohio, was kind enough to undertake to employ for me a number
of laborers, and to direct their operations in digging for these bones
at this important deposit of them. The result of these researches will
appear in the enclosed catalogue of specimens which I am now able to place
at the disposal of the National Institute. An aviso being to leave this
place for some port of France on public service, I deliver the packages
to Captain Haley, to be deposited with the Consul of the United States,
at whatever port he may land. They are addressed to Mr. Warden of our
legation at Paris, for the National Institute, and he will have the honor
of delivering them. To these I have added the horns of an animal called
by the natives the Mountain Ram, resembling the sheep by his head, but
more nearly the deer in his other parts; as also the skin of another
animal, resembling the sheep by his fleece but the goat in his other
parts. This is called by the natives the Fleecy Goat, or in the style of
the natural historian, the Pokotragos. I suspect it to be nearly related
to the Pacos, and were we to group the fleecy animals together, it would
stand perhaps with the Vigogne, Pacos, and Sheep. The Mountain Ram was
found in abundance by Messrs. Lewis and Clarke on their western tour,
and was frequently an article of food for their party, and esteemed more
delicate than the deer. The Fleecy Goat they did not see, but procured
two skins from the Indians, of which this is one. Their description will
be given in the work of Governor Lewis, the journal and geographical part
of which may be soon expected from the press; but the parts relating
to the plants and animals observed in his tour, will be delayed by the
engravings. In the meantime, the plants of which he brought seeds, have
been very successfully raised in the botanical garden of Mr. Hamilton
of the Woodlands, and by Mr. McMahon, a gardener of Philadelphia; and
on the whole, it is with pleasure I can assure you that the addition to
our knowledge in every department, resulting from this tour of Messrs.
Lewis and Clarke, has entirely fulfilled my expectations in setting it on
foot, and that the world will find that those travellers have well earned
its favor. I will take care that the Institute as well as yourself shall
receive Governor Lewis's work as it appears.
It is with pleasure I embrace this occasion of returning you my thanks for
the favor of your very valuable works, _sur les poissons et les cetacées_,
which you were so kind as to send me through Mr. Livingston and General
Turreau, and which I find entirely worthy of your high reputation in
the literary world. That I have not sooner made this acknowledgment has
not proceeded from any want of respect and attachment to yourself, or a
just value of your estimable present, but from the strong and incessant
calls of duty to other objects. The candor of your character gives me
confidence of your indulgence on this head, and I assure you with truth
that no circumstances are more welcome to me than those which give me the
occasion of recalling myself to your recollection, and of renewing to you
the assurances of sincere personal attachment, and of great respect and
consideration.
_Contents of the large square Box._
A Fibia.
A Radius.
Two ribs belonging to the upper part of the thorax.
Two ribs from a lower part of the thorax.
One entire vertebra.
Two spinous processes of the vertebra broken from the bodies.
Dentes molares, which appear to have belonged to the full-grown animal.
A portion of the under-jaw of a young animal with two molar teeth in it.
These teeth appear to have belonged to a first set, as they are small, and
the posterior has but three grinding ridges, instead of five, the common
number in adult teeth of the lower jaw.
Another portion of the under-jaw, including the symphisis, or chin. In
this portion the teeth of one side are every way complete; to wit, the
posterior has five transverse ridges, and the anterior three.
A fragment of the upper-jaw with one molar tooth much worn.
Molar teeth which we suppose to be like those of the mammoth or elephant
of Siberia. They are essentially different from those of the mammoth
or elephant of this country, and although similar in some respects to
the teeth of the Asiatic elephant, they agree more completely with the
description of the teeth found in Siberia in the arrangement and size of
the transverse lamina of enamel. This idea, however, is not derived from
actual comparison of the different teeth with each other, for we have no
specimens of Siberian teeth in this country; but from inferences deduced
from the various accounts and drawings of these teeth to be found in
books. A few of these teeth have been found in several places where the
bones of the American animal have existed.
An Astragalus.
An Oscalcis.
Os naviculare.
In the large box in which the preceding bones are, is a small one
containing a promiscuous mass of small bones, chiefly of the feet.
In the large irregular-shaped box, a tusk of large size. The spiral twist
in all the specimens of these tusks which we have seen, was remarked
so long ago as the time of Breyneus, in his description of the tusks of
the Siberian mammoth in the Philosophical Transactions, if that paper is
rightly recollected, for the book is not here to be turned to at present.
Many fragments of tusks have been sent from the Ohio, generally resembling
portions of such tusks as are brought to us in the course of commerce.
But of these spiral tusks, in a tolerable complete state, we have had only
four. One was found near the head of the north branch of the Susquehanna.
A second possessed by Mr. Peale, was found with the skeleton, near the
Hudson. A third is at Monticello, found with the bones of this collection
at the Big-bone lick of Ohio, and the fourth is that now sent for the
Institute, found at the same place and larger than that at Monticello.
The smallest box contains the horns of the mountain ram, and skin of the
fleecy goat.
TO MR. SYLVESTRE.
WASHINGTON, July 15, 1808.
SIR,--I had received from you on a former occasion the four first volumes
of the Memoirs of the Agricultural Society of the Seine, and since that,
your letter of September 19th, with the 6th, 7th, 8th, and 9th volumes,
being for the years 1804 '5 '6 with some separate memoirs. These I have
read with great avidity and satisfaction, and now return you my thanks for
them. But I owe particular acknowledgments for the valuable present of the
Theatre de De Serres, which I consider as a prodigy for the age in which
it was composed, and shows an advancement in the science of agriculture
which I had never suspected to have belonged to that time. Brought down
to the present day by the very valuable notes added, it is really such a
treasure of agricultural knowledge, as has not before been offered to the
world in a single work.
It is not merely for myself, but for my country, that I must do homage
to the philanthropy of the Society, which has dictated their destination
for me of their newly-improved plough. I shall certainly so use it as to
answer their liberal views, by making the opportunities of profiting by it
as general as possible.
I have just received information that a plough addressed to me has
arrived at New York, _from England_, but unaccompanied by any letter or
other explanation. As I have had no intimation of such an article to be
forwarded to me from that country, I presume it is the one sent by the
Society of the Seine, that it has been carried into England under their
orders of council, and permitted to come on from thence. This I shall
know within a short time. I shall with great pleasure attend to the
construction and transmission to the Society of a plough with my mould
board. This is the only part of that useful instrument to which I have
paid any particular attention. But knowing how much the perfection of the
plough must depend, 1st, on the line of traction; 2d, on the direction
of the share; 3d, on the angle of the wing; 4th, on the form of the
mould-board; and persuaded that I shall find the three first advantages
eminently exemplified in that which the Society sends me, I am anxious
to see combined with these a mould-board of my form, in the hope it will
still advance the perfection of that machine. But for this I must ask
time till I am relieved from the cares which have now a right to all my
time, that is to say, till the next Spring. Then giving, in the leisure
of retirement, all the time and attention this construction merits and
requires, I will certainly render to the Society the result in a plough
of the best form I shall be able to have executed. In the meantime, accept
for them and yourself the assurances of my high respect and consideration.
TO MR. LASTEYRIE.
WASHINGTON, July 15, 1808.
SIR,--I have duly received your favor of March 28th, and with it your
treatises on the culture of the sugar cane and cotton plant in France.
The introduction of new cultures, and especially of objects of leading
importance to our comfort, is certainly worthy the attention of every
government, and nothing short of the actual experiment should discourage
an essay of which any hope can be entertained. Till that is made, the
result is open to conjecture; and I should certainly conjecture that the
sugar cane could never become an article of profitable culture in France.
We have within the ancient limits of the United States, a great extent of
country which brings the orange to advantage, but not a foot in which the
sugar cane can be matured. France, within its former limits, has but two
small spots, (Olivreles and Hieres) which brings the orange in open air,
and _à fortiori_, therefore, none proper for the cane. I should think the
sugar-maple more worthy of experiment. There is no part of France of which
the climate would not admit this tree. I have never seen a reason why
every farmer should not have a sugar orchard, as well as an apple orchard.
The supply of sugar for his family would require as little ground, and the
process of making it as easy as that of cider. Mr. Micheaux, your botanist
here, could send you plants as well as seeds, in any quantity from the
United States. I have no doubt the cotton plant will succeed in some of
the southern parts of France. Whether its culture will be as advantageous
as those they are now engaged in, remains to be tried. We could, in the
United States, make as great a variety of wines as are made in Europe,
not exactly of the same kinds, but doubtless as good. Yet I have ever
observed to my countrymen, who think its introduction important, that a
laborer cultivating wheat, rice, tobacco, or cotton here, will be able
with the proceeds, to purchase double the quantity of the wine he could
make. Possibly the same quantity of land and labor in France employed on
the rich produce of your Southern counties, would purchase double the
quantity of the cotton they would yield there. This however may prove
otherwise on trial, and therefore it is worthy the trial. In general, it
is a truth that if every nation will employ itself in what it is fittest
to produce, a greater quantity will be raised of the things contributing
to human happiness, than if every nation attempts to raise everything it
wants within itself. The limits within which the cotton plant is worth
cultivating in the United States, are the Rappahanock river to the north,
and the first mountains to the west. And even from the Rappahanock to the
Roanoke, we only cultivate for family use, as it cannot there be afforded
at market in competition with that of the more Southern region. The
Mississippi country, also within the same latitudes, admits the culture of
cotton.
The superficial view I have yet had time to take of your treatise
on the cotton plant, induces a belief that it is rich and correct in
its matter, and contains a great fund of learning on that plant. When
retired to rural occupations, as I shall be ere long, I shall profit
of its contents practically, in the culture of that plant merely for
household manufacture. In that situation, too, I shall devote myself to
occupations much more congenial with my inclinations, than those to which
I have been called by the character of the times into which my lot was
cast. About to be relieved from this _corvée_ by age and the fulfilment
of the _quadragena stipendia_, what remains to me of physical activity
will chiefly be employed in the amusements of agriculture. Having little
practical skill, I count more on the pleasures than the profits of
that occupation. They will give me, too, the leisure which my present
situation nearly denies, of rendering such services as may be within
my means, to the Institute, the Agricultural Society of the Seine, to
yourself, and such other worthy individuals as may find any convenience
in a correspondence here. I shall then be able particularly to fulfil the
wishes expressed, of my sending to the Society of Agriculture a plough
with my mould-board. Perhaps I may be able to add some other implements,
peculiar to us, to the collection which I perceive that the Society is
making. I salute you, Sir, with assurances of great esteem and respect.
TO THE SECRETARY OF THE NAVY.
WASHINGTON, July 16, 1808.
DEAR SIR,--Complaints multiply upon us of evasions of the embargo laws, by
fraud and force. These come from Newport, Portland, Machias, Nantucket,
Martha's Vineyard, &c., &c. As I do consider the severe enforcement of
the embargo to be of an importance, not to be measured by money, for our
future government as well as present objects, I think it will be advisable
that during this summer all the gun-boats, actually manned and in
commission, should be distributed through as many ports and bays as may be
necessary to assist the embargo. On this subject I will pray you to confer
with Mr. Gallatin, who will call on you on his passage through Baltimore,
and to communicate with him hereafter, _directly_, without the delay of
consulting me, and generally to aid this object with such means of your
department as are consistent with its situation.
I think I shall be able to leave this place by Wednesday. I will mention
for your information, that the post for Milton leaves this place on
Tuesdays and Fridays, and arrives at it on Sundays and, I believe,
Thursdays.
I salute you with affection and respect.
TO MR. SMITH, OF THE WAR OFFICE.
WASHINGTON, July 16, 1808.
SIR,--The correspondence which you sent me the other day, between the
British commanders and our officers in Moose Island, is now in the hands
of Mr. Madison, and will be delivered to you on application. On consulting
him and Mr. Gallatin, I find the facts to be that Moose Island has ever
been in our possession, as well before as ever since the treaty of peace
with Great Britain; that in the convention formed between Mr. King and
the British government, about four years ago, wherein our limits in that
quarter were mutually recognized, Moose Island was expressly acknowledged
to belong to us; and, through an account of an article respecting
Louisiana, the convention has not yet been ratified, yet both parties have
acted on the article of these limits as if it had been ratified,--each
party considering the parts then assigned to them as no longer questioned
by the other.
I think you had better communicate the papers, with a copy of that article
of the convention, to Gen. Dearborne, with these observations, from whom
the answer to our officer will go with more propriety. If you will speak
on this subject with Mr. Madison, he will, perhaps, be able to state to
you what passed between us on this subject more fully than I have done.
Accept my salutations.
TO HIS EXCELLENCY GOVERNOR SULLIVAN.
WASHINGTON, July 16, 1808.
SIR,--In my letter of May 6th I asked the favor of your Excellency, as
I did of the Governors of other States not furnishing in their interior
country flour sufficient for the consumption of the State, to take the
trouble of giving certificates, in favor of any merchants meriting
confidence, for the quantities necessary for consumption beyond the
interior supplies. Having desired from the Treasury Department a statement
of the quantities called for under these certificates, I find that those
of your Excellency, received at the Treasury, amount to 51,000 barrels of
flour, 108,400 bushels of Indian corn, 560 tierces of rice, 2,000 bushels
of rye, and, in addition thereto, that there had been given certificates
for either 12,450 barrels of flour, or 40,000 bushels of corn. As these
supplies, although called for within the space of two months, will
undoubtedly furnish the consumption of your State for a much longer time,
I have thought it advisable to ask the favor of your Excellency, after
the receipt of this letter, to discontinue issuing any other certificates,
that we may not unnecessarily administer facilities to the evasion of the
embargo laws; for I repeat what I observed in my former letter, that these
evasions are effected chiefly by vessels clearing coastwise. But while
I am desirous of preventing the frauds which go to defeat the salutary
objects of these laws, I am equally so that the fair consumption of our
citizens may in nowise be abridged. It would, therefore, be deemed a great
favor if your Excellency could have me furnished with an estimate, on the
best data possessed, of the quantities of flour, corn, and rice, which, in
addition to your internal supplies, may be necessary for the consumption,
in any given time, of those parts of your State which habitually depend
on importation for these articles. I ask this the more freely, because I
presume you must have had such an estimate formed for the government, of
your discretion in issuing the preceding certificates, and because it may
be so necessary for our future government. I salute you with assurance of
great respect and esteem.
TO HIS EXCELLENCY GOVERNOR CLAIBORNE.
WASHINGTON, July 17, 1808.
SIR,--After writing my letter of the 9th, I received one from Mr. Pitot in
the name of the New Orleans Canal Company, which ought to have come with
the printed report, stating more fully their views, and more explicitly
the way in which we can aid them. They ask specifically that we should
lend them $50,000, or take the remaining fourth of their shares now on
hand. This last measure is too much out of our policy of not embarking
the public in enterprises better managed by individuals, and which might
occupy as much of our time as those political duties for which the public
functionaries are particularly instituted. Some money could be lent them,
but only on an assurance that it would be employed so as to secure the
public objects. The first interests of the company will be to bring a
practicable navigation from the Lake Pontchartrain through the Bayou St.
Jean and Canal de Carondelet to the city, because that entitles them to
a toll on the profitable part of the enterprise. But this would answer no
object of the government unless it was carried through to the Mississippi,
so that our armed vessels drawing five feet water might pass through.
Instead therefore of the ground I suggested in my last letter, I would
propose to lend them a sum of money on the condition of their applying it
entirely to that part of the canal which, beginning at the Mississippi,
goes round the city to a junction with the canal of Carondelet; and we
may moreover at our own expense erect the locks. The Secretary at War
not being here, I cannot propose these or any other terms precisely,
but you may more openly than I proposed in my last letter, give these
as the general shape of the aid which we contemplate, collect the ideas
of individual members, and communicate them to me, so that when I shall
have an opportunity of consulting the Secretary at War we may put our
proposition in the form most acceptable to them. On this subject I shall
wish to hear from you soon.
Mr. Livingston was here lately, and finding that we considered the Batture
as now resting with Congress, and that it was our duty to keep it clear
of all adversary possession till their decision is obtained, wrote a
letter to the Secretary of State, which, if we understand it, amounts
to a declaration that he will on his return bring the authority of the
court into array against that of the executive, and endeavor to obtain
a forcible possession. But I presume that the court knows too well that
the title of the United States to land is subject to the jurisdiction of
no court, it having never been deemed safe to submit the major interests
of the nation to an ordinary tribunal, or to any one but such as the
Legislature establishes for the special occasion; and the Marshal will
find his duty too plainly marked out in the act of March 3, 1807, to be at
a loss to determine what authority he is to obey. It will be well however
that you should have due attention paid to this subject, and particularly
to apprize Mr. Grymes to be prepared to take care that the public rights
receive no detriment.
I salute you with great respect and esteem.
TO GOVERNOR LEWIS.
WASHINGTON, July 17, 1808.
DEAR SIR,--Since I parted with you in Albemarle in September last, I
have never had a line from you, nor I believe has the Secretary at War
with whom you have much connection through the Indian department. The
misfortune which attended the effort to send the Mandan chief home, became
known to us before you had reached St. Louis. We took no step on the
occasion, counting on receiving your advice so soon as you should be in
place, and knowing that your knowledge of the whole subject and presence
on the spot would enable you to judge better than we could what ought to
be done. The constant persuasion that something from you must be on its
way to us, has as constantly prevented our writing to you on the subject.
The present letter, however, is written to put an end at length to this
mutual silence, and to ask from you a communication of what you think
best to be done to get the chief and his family back. We consider the good
faith, and the reputation of the nation, as pledged to accomplish this. We
would wish indeed not to be obliged to undertake any considerable military
expedition in the present uncertain state of our foreign concerns, and
especially not till the new body of troops shall be raised. But if it
can be effected in any other way and at any reasonable expense, we are
disposed to meet it.
A powerful company is at length forming for taking up the Indian commerce
on a large scale. They will employ a capital the first year of 300,000,
and raise it afterwards to a million. The English Mackinac company will
probably withdraw from the competition. It will be under the direction of
a most excellent man, a Mr. Astor, merchant of New York, long engaged in
the business, and perfectly master of it. He has some hope of seeing you
at St. Louis, in which case I recommend him to your particular attention.
Nothing but the exclusive possession of the Indian commerce can secure us
their peace.
Our foreign affairs do not seem to clear up at all. Should they continue
as at present, the moment will come when it will be a question for the
Legislature whether war will not be preferable to a longer continuance of
the embargo.
The Presidential question is clearing up daily, and the opposition
subsiding. It is very possible that the suffrage of the nation may be
undivided. But with this question it is my duty not to intermeddle. I
have not lately heard of your friends in Albemarle. They were well when
I left that in June, and not hearing otherwise affords presumptions they
are well. But I presume you hear that from themselves. We have no tidings
yet of the forwardness of your printer. I hope the first part will not
be delayed much longer. Wishing you every blessing of life and health, I
salute you with constant affection and respect.
TO THE SECRETARY AT WAR.
WASHINGTON, July 18, 1808.
DEAR GENERAL,--I had written to Governor Claiborne according to what had
been agreed between you and myself, after which I received a letter from
Pitot on behalf of the Canal company of New Orleans, which should have
accompanied the printed report I communicated to you. The letter agrees
with the report, and asks specifically that we should either lend them
fifty thousand dollars, or buy the remaining fourth part of their shares
now on hand. On consultation with Mr. Madison, Gallatin, and Rodney, we
concluded it best to say we would lend them a sum of money if they would
agree to lay out the whole of it in making the canal from the Mississippi
round the town to its junction with the canal of Carondelet; and I wrote
to Claiborne to sound the members of the company, and to find out if there
were any modifications which would render the proposition more acceptable,
to communicate them to me, and that when I should have an opportunity of
consulting you, we would make the proposition in form.
I send you a letter of General Wilkinson's, the papers it covered, and
my answer, which will sufficiently explain themselves. That in cases of
military operations some occasions for secret service money must arise,
is certain. But I think that they should be more fully explained to the
government than the General has done, seems also proper.
Mr. Smith will send you some British complaints on our fortifying Moose
Islands, and the kind of answer recommended on consultation with the heads
of departments.
We have such complaints of the breach of embargo by fraud and force on our
northern water line, that I must pray your co-operation with the Secretary
of the Treasury by rendezvousing as many new recruits as you can in that
quarter. The Osage brought us nothing in the least interesting. I salute
you with affection and respect.
TO HIS EXCELLENCY GOVERNOR PINCKNEY.
WASHINGTON, July 18, 1808.
DEAR SIR,--Your favor of May 28 has been duly received, and in it the
proceeding of the Court on the mandamus to the collector of Charleston. I
saw them with great concern because of the quarter from whence they came,
and where they could not be ascribed to any political waywardness.
The Legislature having found, after repeated trials, that no general
rules could be formed which fraud and avarice would not elude, concluded
to leave, in those who were to execute the power, a discretionary power
paramount to all their general rules. This discretion was of necessity
lodged with the collector in the first instance, but referred, finally, to
the President, lest there should be as many measures of law or discretion
for our citizens as there were collectors of districts. In order that the
first decisions by the collectors might also be as uniform as possible,
and that the inconveniences of temporary detention might be imposed by
general and equal rules throughout the States, we thought it advisable to
draw some outlines for the government of the discretion of the collectors,
and to bring them all to one tally.
With this view they were advised to consider all shipments of flour _primâ
facie_, as suspicious. Because, if pretended to be for a State which made
enough within itself, it could not, in these times, but be suspicious,
and, if for a State which needed importations, we had provided, by the aid
of the Governors of those States, a criterion for that case.
But your collector seems to have decided for himself that, instead of
a general rule applicable equally to all, the personal character of the
shipper was a better criterion, and his own individual opinion too, of
that character.
You will see at once to what this would have led in the hands of
an hundred collectors, of all sorts of characters, connections, and
principles, and what grounds would have been given for the malevolent
charges of favoritism with which the federal papers have reproached even
the trust we reposed in the first and highest magistrates of particular
States. It has been usual in another department, after the decision of
any point by the superior tribunal is known, for the interior one to
conform to that decision. The declaration of Mr. Theus, that _he_ did not
consider the case as suspicious, founded on his individual opinion of the
shipper, broke down that barrier which we had endeavored to erect against
favoritism, and furnished the grounds for the subsequent proceedings. The
attorney for the United States seems to have considered the acquiescence
of the collector as dispensing with any particular attentions to the case,
and the judge to have taken it as a case agreed between plaintiff and
defendant, and brought to him only formally to be placed on his records.
But this question has too many important bearings on the constitutional
organization of our government, to let it go off so carelessly. I send you
the Attorney General's opinion on it, formed on great consideration and
consultation. It is communicated to the collectors and marshals for their
future government. I hope, however, the business will stop here, and that
no similar case will occur. A like attempt has been made in another State,
which I believe failed in the outset.
I have seen, with great satisfaction, the circumspection and moderation
with which you have been so good as to act under my letter of May 6th.
I owe the same approbation to some other of the Governors, but not to
every one. Our good citizens having submitted to such sacrifices under
the present experiment, I am determined to exert every power the law has
vested in me for its rigorous fulfilment; that we may know the full value
and effect of this measure on any future occasion on which a resort to it
might be contemplated.
The Osage did not bring us a tittle of anything interesting. The absence
of the Emperor from Paris makes that a scene of no business; and I do not
think we are to consider the course of the British government as finally
decided, until the nation, as well as the ministry, are possessed of the
communications to Congress of March 22, and our act hanging the duration
of the embargo laws on that of the orders of council. The newspapers
say Mr. Rose is coming over again. Mr. Pinckney did not know this at
the departure of the Osage. Yet it may be so. It is well calculated to
throw dust in the eyes of the nation, and to silence all attempts of
the opposition to force a change of their measures. In this view it is a
masterly stroke. The truth is that their debt is become such as the nation
can no longer pay its interest. Their omnipotence at sea has bloated their
imaginations so as to persuade them they can oblige all nations to carry
all their produce to their island as an entrepot, to pay them a tax on it,
and receive their license to carry it to its ultimate market. It is indeed
a desperate throw, in the language of Canning, and who knows, says he,
what the dice may turn up?
I answer, we know.
Since writing so far, I received your favor of June 30th, covering
resolutions of your Legislature. They are truly worthy of them, and never
could declarations be better timed for dissipating the delusions in which
the British government are nourished by the federal papers, and prevented
from that return to justice which alone can continue our peace.
Wishing you every blessing of health and life, I salute you with
assurances of great esteem and respect. Salutations.
TO THE SECRETARY OF THE TREASURY.
MONTICELLO, July 25,1808.
DEAR SIR,--I enclose you the petition of Somes, to do in it whatever is
agreeable to general rule.
Punqua Winchung, the Chinese Mandarin, has, I believe, his head quarters
at New York, and therefore his case is probably known to you. He came
to Washington just as I had left it, and therefore wrote to me, praying
permission to depart for his own country with his property, in a vessel to
be engaged by himself. I enclose you Mr. Madison's letter, which contains
everything I know on the subject. I consider it as a case of national
comity, and coming within the views of the first section of the first
embargo act. The departure of this individual with good dispositions, may
be the means of making our nation known advantageously at the source of
power in China, to which it is otherwise difficult to convey information.
It may be of sensible advantage to our merchants in that country. I cannot
therefore but consider that a chance of obtaining a permanent national
good should overweigh the effect of a single case taken out of the great
field of the embargo. The case, too, is so singular, that it can lead to
no embarrassment as a precedent.
I think, therefore, he should be permitted to engage a vessel to carry
himself and his property, under such cautions and recommendations to him
as you shall think best.
I leave it therefore to yourself to direct all the necessary details
without further application to me, and for this purpose send you a blank
passport for the vessel, &c., and Mr. Graham will obtain and forward you
passports from the foreign ministers here. I salute you with affection and
respect.
TO MR. BIBB.
MONTICELLO, July 28, 1808.
SIR,--I received duly your favor of July 1st, covering an offer of Mr.
McDonald of an iron mine to the public, and I thank you for taking the
trouble of making the communication, as it might have its utility. But
having always observed that public works are much less advantageously
managed than the same are by private hands, I have thought it better for
the public to go to market for whatever it wants which is to be found
there; for there competition brings it down to the minimum of value. I
have no doubt we can buy brass cannon at market cheaper than we could make
iron ones. I think it material too, not to abstract the high executive
officers from those functions which nobody else is charged to carry on,
and to employ them in superintending works which are going on abundantly
in private hands. Our predecessors went on different principles; they
bought iron mines, and sought for copper ones. We own a mine at Harper's
Ferry of the finest iron ever put into a cannon, which we are afraid to
attempt to work. We have rented it heretofore, but it is now without a
tenant.
We send a vessel to France and England every six weeks, for the purposes
of public as well as mercantile correspondence. These the public papers
are in the habit of magnifying into special missionaries for great and
special purposes. It is true that they carry our public despatches,
whether the subject of the day happens to be great or small. The Osage
was one of these; but she was charged with nothing more than repetitions
of instructions to our ministers not to cease in their endeavors to have
the obnoxious orders and decrees repealed. She brought not a tittle of the
least interest. The St. Michael was another of these vessels, and may now
be expected in a few days. The schooner Hope was a third, and sailed a few
days ago. She may be expected a fortnight before Congress meets, and our
ministers are apprized that whatsoever the belligerent powers mean to do,
must be done before that time, as on the state of things then existing
and known to us, Congress will have to act. I return the letter of Mr.
McDonald, as it may be useful for other purposes, and salute you with
esteem and respect.
TO THE SECRETARY OF THE TREASURY.
MONTICELLO, July 29, 1808.
DEAR SIR,--I enclose you a letter of information of what is passing on the
Canada line. To prevent it is, I suppose, beyond our means, but we must
try to harass the unprincipled agents, and punish as many as we can.
I transmit, also, the petition of Tyson and James, millers of Baltimore,
for permission to send a load of flour to New Orleans, to direct in
it what is regular, for I do not see any circumstance in the case
sufficiently peculiar to take it out of the rule. If their views are
honest, as I suppose them to be, it would be a great relief to them to
be permitted, by giving bond for an increased valuation, to send their
flour to its destination, and equal relief to us from these tormenting
applications. Yet, as the other gentlemen seemed not satisfied that
it would be legal, I would not have it done on my own opinion alone,
however firmly I am persuaded of its legality. Could you not in the way
of conversation with some of the sound lawyers of New York, find what
would be then _primâ facie_ opinion, and if encouraged by that, we may
take the opinion of the Attorney General, and others. The questions to be
solved are,--first: To what place should the valuation refer? and second:
Would too high a valuation render the bond null in law? On the first, I
observe that the law says that bond shall be given in double the value,
&c., without saying whether its value _here_, or at the _place of sale_,
is meant; that, generally speaking, its value _here_ would be understood;
but that whenever the words of a law will bear two meanings, one of which
will give effect to the law, and the other will defeat it, the former
must be supposed to have been intended by the Legislature, because they
could not intend that meaning, which would defeat their intention, in
passing that law; and in a statute, as in a will, the intention of the
party is to be sought after. On the second point we would ask, who is to
value the cargo on which the bond is to be taken? Certainly the collector,
either by himself or his agents. When the bond is put in suit it must be
recovered. Neither judge nor jury can go into the question of the value
of the cargo. If anybody could, it would be the chancellor; but his maxim
is never to lend his power in support of fraud or wrong. The common law
could only give a remedy on an action for damages, as, for instance, if a
collector, by requiring too large security, prevents a party from clearing
out, damages might be recovered. But in the case in question, the consent
of the party would take away the error, and besides, as the voyage takes
place, no damages for preventing it can be recovered. These are general
considerations to be brought into view in such a conversation, which,
indeed would occur to every lawyer who turned his mind to the subject
at all. It would be a most important construction for the relief of the
honest merchant, to whom the amount of bond is important, and to us, also,
in the execution of the law; and I think its legality far more defensible
than that of limiting the provisions to one-eighth of the cargo. My
situation in the country gives me no opportunity to consult lawyers of the
first order. Should such occur, however, I will avail myself of them.
I salute you affectionately.
TO THE SECRETARY OF STATE.
MONTICELLO, July 29, 1808.
DEAR SIR,--The passport for the Leonidas goes by this post, to the
collector of Norfolk. I return you Jarvis', Hackley's, and Montgomery's
letters, and send you Hull's, Hunt's, Clarke's, and Mr. Short's, for
perusal, and to be returned. On this last, the following questions arise:
When exactly shall the next vessel go? Whence? Is not the secrecy of
the mission essential? Is it not the very ground of sending it while the
Senate is not sitting, in order that it may be kept secret? I doubt the
expediency of sending one of our regular armed vessels. If we do, she
should go to Petersburg direct. And yet may there not be advantage in
conferences between S. and A.? I have signed the commission and letter of
credence, and now enclose them. Yet I must say I think the latter is very
questionable indeed, in point of property. It says that the Minister is to
_reside_ near his person; but whether we should establish it at once into
a permanent legation is much to be doubted, and especially in a recess
of the Senate. I should think it better to express purposes something
like the following: "to bear to your Imperial Majesty the assurances
of the sincere friendship of the United States, and of their desire to
maintain with your Majesty and your subjects the strictest relations of
intercourse and commerce; to explain to your Majesty the position of the
United States, and the considerations flowing from that which should keep
them aloof from the contests of Europe; to assure your Majesty of their
desire to observe a faithful and impartial neutrality, if not forced from
that line by the wrongs of the belligerents; and to express their reliance
that they will be befriended in these endeavors by your Majesty's powerful
influence and friendship towards these States." This is hasty,--it is too
long, and neither the expressions nor thoughts sufficiently accurate; but
something of this kind, more concise and correct, may be formed, leaving
the permanency of the mission still in our power.
There is no doubt but that the transaction at New Orleans, between Ortega
and the British officer with the prize sloop Guadaloupe, has been a mere
fraud, to evade our regulation against the sale of prizes in our harbors;
and his insolent letter intended merely to cover the fraud. His ready
abandonment of the vessel, and Ortega's resumption of her, are clear
proofs. Should not, or could not, process be ordered against Ortega and
the vessel? I think a copy of Reeve's letter to Governor Claiborne, and of
the proceedings of the court, might be sent to Mr. Erskine, with proper
observations on this double outrage, and an intimation that the habitual
insolence of their officers may force us to refuse them an asylum, even
when seeking it in real distress, if the boon is to be abused as it has
been by this insolent and dishonest officer. And as it is very possible
the rascal may push his impostures to the making complaint to his
government, this step with Mr. Erskine may anticipate it.
I salute you with sincere and constant affection.
TO THE SECRETARY AT WAR.
MONTICELLO, August 5, 1808.
DEAR SIR,--I enclose you a letter from the Path-killer and others of the
Cherokees, the object of which I do not precisely see. I suppose they are
of Van's party. The sentiments are unquestionably those of a white man.
Sibley's letters present a disagreeable view. It will be troublesome
if we are once compelled to use acts of force against those people. It
is the more difficult as we should have to pursue them into the country
beyond the Sabine, on which an understanding with the Spaniards would be
necessary. But what is the meaning of our not pursuing deserters over the
Rio Hondo? I thought we had so far settled that matter, as that it was
understood by the Spaniards that until a final settlement of boundary, the
Sabine was to be that to which each was to exercise jurisdiction. On the
same principles ought we not immediately to suppress this new appointment
of a Spanish Alcalde at Bayou Pierre? I ask this for information, because
I do not precisely recollect what we finally intended as to Bayou Pierre,
and I have not the papers here. I suppose the trial and punishment of the
guilty Alibamas, and Sibley's reclamations with the tribe for reparation,
will give us time till we meet to consider what is to be done. Has any and
what step been taken for the recovery of Pike's men?
Governor Lewis' letter offers something more serious. The only information
I have on the subject, is his letter to Governor Harrison in a newspaper,
which I cut out and enclose you. The retirement of White Hairs to St.
Louis is strong proof that the case is serious. As they are at war with
all nations, and in order to protect them we have been endangering our
peace and friendship with the other nation, would not our best course
be to inform all those nations that, however desirous we have been of
promoting peace among them, and however earnest our endeavors have been
to restore friendship between them and the Osages particularly, we have
found it impossible to bring that nation to a just and peaceable conduct
towards others? That therefore we withdraw ourselves from before them, and
leave them to be freely attacked and destroyed by all those who have cause
of war against them? Would such a written message from me to the nations
at war with them, be advisable? particularly to the Cherokees, Creeks,
Chickasaws, and Choctaws, and such _northern_ tribes as are at war with
them. I do not recollect those of the latter description. Would it not be
advisable to aid their war parties with provisions, and ammunition, and
the repairs of their arms at our posts? Will it be necessary to authorize
expeditions of militia, or only permit volunteers to join the Indian
parties? or shall we leave what respects Militia to Governor Lewis? We
shall certainly receive further information soon, but in the meantime I
have thought we should turn it in our minds, and interchange ideas on the
subject. I shall therefore be glad to hear from you on it. I salute you
with constant affection and respect.
TO THE SECRETARY AT WAR.
MONTICELLO, August 6, 1808.
DEAR SIR,--A complaint has come to me indirectly on the part of the
Cadets at West Point, that the promotions in their corps are made on
other principles than those of seniority or merit. They do not charge
Colonel Williams with an unjust selection by himself, but with leaving
the selection to his lieutenant, whose declaration that it was so left to
him, they say can be proved. It is stated particularly that a young man
from the country, uneducated, and who had been with the corps but three
months, and had acquired little there, was lately made an ensign to the
prejudice of much superior qualifications. His name was mentioned to me
but I have forgotten it. Justice to the officers forbids us to give credit
to such imputations till proved; but justice to the corps requires us
so far to attend to them as to make them the subject of inquiry; and I
presume this was the object of the communication to me. I now mention it
to you, because in returning through New York you may have an opportunity
of inquiring into it. I am much more inclined to impute to the vanity of
the lieutenant the declaration he is said to have made, than to suppose
Colonel Williams has really delegated so important a trust to him. I
salute you with constant affection.
TO MESSRS. KERR, MOORE, AND WILLIAMS, COMMISSIONERS OF THE WESTERN ROAD.
MONTICELLO, August 6, 1808.
GENTLEMEN,--It has been represented to me on behalf of the inhabitants
of the town of Washington in Pennsylvania, that by a survey made at their
expense, it is found that the western road, if carried through their town,
to Wheeling, would be but a mile longer, would pass through better ground,
and be made at less expense; and if carried to Short Creek, instead of
Wheeling, the difference of distance would still be less. The principal
object of this road is a communication directly westwardly. If, however,
inconsiderable deflections from this course will benefit particular
places, and better accommodate travellers, these are circumstances to be
taken into consideration. I have therefore to desire that, having a regard
to the funds which remain, you make as good an examination as they will
admit, of the best route through Washington to Wheeling, and also to Short
Creek or any other point on the river, offering a more advantageous route
towards Chillicothe and Cincinatti, and that you report to me the material
facts, with your opinions for consideration. I salute you with respect.
TO THE SECRETARY OF THE TREASURY.
MONTICELLO, August 6, 1808.
DEAR SIR,--On the subject of the western road, our first error was
the admitting a deviation to Brownsville, and thus suffering a first
encroachment on its principle. This is made a point d'appui to force a
second, and I am told a third holds itself in reserve, so that a few towns
in that quarter seem to consider all this expense as undertaken merely
for their benefit. I should have listened to these solicitations with more
patience, had it not been for the unworthy motives presented to influence
me by some of those interested. Sometimes an opposition by force was
held up, sometimes electioneering effects, as if I were to barter away,
on such motives, a public trust committed to me for a different object.
It seems, however, that our first error having made Brownsville, and no
longer Cumberland, the point of departure, we must now go no further back
in examining the claim of Washington. I have therefore written to the
commissioners, the letter of which I enclose you a copy. The time saved
by sending it to them direct, may be important, as they may be near their
return. I am doubtful whether they have money enough left for a thorough
examination. If they have, their report will enable us to decide on this
second deflection. But what will Wheeling say if we take the road from
it, to give it to Washington? I do not know its size or importance, nor
whether some obstacles to navigation may not oppose our crossing at a
higher place. I salute you with constant affection.
TO THE SECRETARY AT WAR.
MONTICELLO, August 9, 1808.
DEAR SIR,--Yours of July 27th is received. It confirms the accounts we
receive from others that the infractions of the embargo in Maine and
Massachusetts are open. I have removed Pope, of New Bedford, for worse
than negligence. The collector of Sullivan is on the totter. The tories
of Boston openly threaten insurrection if their importation of flour
is stopped. The next post will stop it. I fear your Governor is not up
to the tone of these parricides, and I hope, on the first symptom of an
open opposition of the law by force, you will fly to the scene and aid in
suppressing any commotion.
I enclose you the letter of Captain Dillard, recommending Walter Bourke
for appointment. I know nothing of the writers of any of the letters
except Thore, Jones, and Thweat, who are good men. I like Meigs' scheme
with the Cherokees, and would wish it success. But will Congress give such
a sum of money. The message of the Creek Chief is so far satisfactory,
that I think we should give them time. Could we engage them to assist
us in destroying the guilty banditti? The letter enclosed from Cuthbert
to Mr. Madison, on the means of taking Quebec, is worthy notice, and
I wish you could, before your return, have an interview with him. Your
office, and receipt of the letter from me, will give confidence to his
communications. We have letters from Mr. Pinckney to May 30, but not one
word interesting. Present me respectfully to Mrs. Dearborne, and accept my
affectionate salutations.
TO THE SECRETARY OF THE TREASURY.
MONTICELLO, August 9, 1808.
DEAR SIR,--I enclose you, for your information, letters from General
Dearborne, P. D. Sargent, and Elisha Tracey, on the infractions of the
embargo, and their ideas on the means of remedy.
I pass them through the hands of the Secretary of the Navy, with a request
that he will, in concert with you, give all the aid for the enforcement
of the law which his department can afford. I think the conduct of Jordan,
at Sullivan, should be inquired into, with a view to his removal if found
either undisposed or negligent. Indeed, the distance of his residence, if
it be fact, renders it impossible he should even sufficiently superintend
the due execution of the duties of his office.
We have letters from Mr. Pinckney of the 30th of May, but containing not
one interesting word. If England should be disposed to continue peace
with us, and Spain gives to Bonaparte the occupation she promises, will
not the interval be favorable for our reprisals on the Floridas for the
indemnifications withheld. Before the meeting of Congress we shall see
further. I salute you with affection and respect.
TO THE SECRETARY OF THE NAVY.
MONTICELLO, August 9, 1808.
Dear Sir,-- * * * * * I have some apprehension the tories of Boston,
&c., with so poor a head of a Governor, may attempt to give us trouble. I
have requested General Dearborne to be on the alert, and fly to the spot
where any open and forcible opposition shall be commenced, and to crush
it in embryo. I am not afraid but that there is sound matter enough in
Massachusetts to prevent an opposition of the laws by force. I am glad to
see that Spain is likely to give Bonaparte employment. _Tant mieux pour
nous._ Accept affectionate salutations.
TO MR. GALLATIN.
MONTICELLO, August 11, 1808.
DEAR SIR,--Your letters of July 29th and August 5th, came to hand
yesterday, and I now return you those of Wynne, Wolsey, Quincy,
Otis, Lincoln, and Dearborne. This embargo law is certainly the most
embarrassing one we have ever had to execute. I did not expect a crop of
so sudden and rank growth of fraud and open opposition by force could have
grown up in the United States. I am satisfied with you that if orders and
decrees are not repealed, and a continuance of the embargo is preferred
to war, (which sentiment is universal here), Congress must legalize
all _means_ which may be necessary to obtain its _end_. Mr. Smith, in
enclosing to me General Dearborne's and Lincoln's letters, informs me
that immediately on receiving them he gave the necessary orders to the
Chesapeake, the Wasp and Argus. Still I shall pass this letter and those
it encloses, through his hands for information. I am clearly of opinion
this law ought to be enforced at any expense, _which may not exceed our
appropriation_. I approve of the instructions to General Lincoln, for
selling the revenue cutter there and buying another, and also of what you
propose at New London and Portsmouth, and generally I wish you to do as
to the revenue cutters what you shall think best, without delaying it to
hear from me. You possess the details so much better than I do, and are so
much nearer the principal scenes, that my approbation can be but matter
of form. As to ordering out militia, you know the difficulty without
another proclamation. I advise Mr. Madison to inform General Turreau that
the vessels we allow to the foreign ministers are only in the character
of transports, and that they cannot be allowed but where the number of
persons bears the proportion to the vessel which is usual with transports.
You will see by my last that on learning the situation of affairs in
Spain, it had occurred to me that it might produce a favorable occasion
of doing ourselves justice in the south. We must certainly so dispose of
our southern recruits and armed vessels as to be ready for the occasion.
A letter of June 5th from Mr. Pinckney says nothing more than that in a
few days he was to have a full conference on our affairs with Mr. Canning.
That will doubtless produce us immediately an interesting letter from him.
I salute you affectionately.
P. S. I this day direct a commission for General Steele, vice General
Shee, deceased.
TO THE SECRETARY OF THE NAVY.
MONTICELLO, August 12, 1808.
DEAR SIR,--Yours of July 30th came to hand yesterday. It has consequently
loitered somewhere two posts. I am glad to learn the prompt aid you
have afforded the Treasury department. To let you further understand
the importance of giving all the aid we can, I pass through your hands
my letter of this day to Mr. Gallatin, with those it encloses, which I
will pray you, after perusal, to seal and put into the post-office. In
the support of the embargo laws, our only limit should be that of the
appropriations of the department. A letter of June 5th from Mr. Pinckney
informs us he was to have a free conference with Canning, in a few days.
Should England get to rights with us, while Bonaparte is at war with
Spain, the moment may be favorable to take possession of our own territory
held by Spain, and so much more as may make a proper reprisal for her
spoliations. We ought therefore to direct the rendezvous of our southern
recruits and gun-boats so as to be in proper position for striking the
stroke in an instant, when Congress shall will it. I have recommended
this to General Dearborne, as I now do to yourself. Mr. Fulton writes to
me under a great desire to prepare a decisive experiment of his torpedo
at Washington, for the meeting of Congress. This means of harbor-defence
has acquired such respectability, from its apparent merit, from the
attention shown it by other nations, and from our own experiments at
New York, as to entitle it to a full experiment from us. He asks only
two workmen for one month from us, which he estimates at $130 only. But
should it cost considerably more I should really be for granting it,
and would accordingly recommend it to you. This sum is a mere trifle as
an encroachment on our appropriation. I salute you with affection and
respect.
TO THE SECRETARY AT WAR.
MONTICELLO, August 12, 1808.
DEAR SIR,--Yours of July 27th has been received. I now enclose you
the letters of Hawkins, Harrison, Wells, Hull, and Claiborne, received
from the war office, and as I conjecture, not yet seen by you. Indian
appearances, both in the northwest and south, are well. Beyond the
Mississippi they are not so favorable. I fear Governor Lewis has been too
prompt in committing us with the Osages so far as to oblige us to go on.
But it is astonishing we get not one word from him. I enclose you letters
of Mr. Griff and Maclure, which will explain themselves. A letter of June
5th from Mr. Pinckney, informs us he was to have a free conference with
Canning in a few days. Should England make up with us, while Bonaparte
continues at war with Spain, a moment may occur when we may without danger
of commitment with either France or England seize to our own limits of
Louisiana as of right, and the residue of the Floridas as reprisal for
spoliations. It is our duty to have an eye to this in rendezvousing and
stationing our new recruits and our armed vessels, so as to be ready, if
Congress authorizes it, to strike in a moment. I wish you to consider this
matter in the orders to the southern recruits, as I have also recommended
to the Secretary of the Navy, as to the armed vessels in the South.
Indeed, I would ask your opinion as to the positions we had better take
with a view to this with our armed vessels as well as troops. The force
in the neighborhood of Baton Rouge is enough for that. Mobile, Pensacola
and St. Augustine, are those we should be preparing for. The enforcing the
embargo would furnish a pretext for taking the nearest healthy position
to St. Mary's, and on the waters of Tombigbee. I salute you with affection
and respect.
TO THE SECRETARY OF STATE.
MONTICELLO, August 12, 1808.
DEAR SIR,--Yours of the 10th came to hand yesterday, and I return you
Fronda's, Tuft's, Loderstrom's, and Turreau's letters. I think it is
become necessary to let Turreau understand explicitly that the vessels
we permit foreign ministers to send away are merely transports, for the
conveyance of such of their subjects as were here at the time of the
embargo; that the numbers must be proportioned to the vessels, as is usual
with transports; and that all who meant to go away must be presumed to
have gone before now,--at any rate, that none will be accommodated after
the present vessel. We never can allow one belligerent to buy and fit out
vessels here, to be manned with his own people, and probably act against
the other. You did not return my answer to Sullivan. But fortunately I
have received another letter, which will enable me to give the matter an
easier turn, and let it down more softly. Should the conference announced
in Mr. Pinckney's letter of June 5th, settle friendship between England
and us, and Bonaparte continue at war with Spain, a moment may occur
favorable, without compromitting us with either France or England, for
seizing our own from the Rio Bravo to Perdido, as of right, and the
residue of Florida, as a reprisal for spoliations. I have thought it
proper to suggest this possibility to General Dearborne and Mr. Smith, and
to recommend an eye to it in their rendezvousing and stationing the new
southern recruits and gun-boats, so that we may strike in a moment when
Congress says so. I have appointed General Steele successor to Shee. Mr.
and Mrs. Barlow, and Mrs. Blayden, will be here about the 25th. May we
hope to see Mrs. Madison and yourself then, or when? I shall go to Bedford
about the 10th of September. I salute you with constant affection and
respect.
TO HIS EXCELLENCY GOVERNOR SULLIVAN.
MONTICELLO, August 12, 1808.
SIR,--Your letter of July 21st has been received some days; that of July
23d not till yesterday. Some accident had probably detained it on the
road considerably beyond its regular passage. In the former you mention
that you had thought it advisable to continue issuing certificates for
the importation of flour, until you could hear further from me; and in the
latter, that you will be called from the Capital in the fall months, after
which it is your desire that the power of issuing certificates may be
given to some other, if it is to be continued.
In mine of July 16th I had stated that, during the two months preceding
that, your certificates, received at the Treasury, amounted, if I rightly
recollect, to about 60,000 barrels of flour, and a proportionable
quantity of corn. If this whole quantity had been _bonâ fide_ landed
and retained in Massachusetts, I deemed it certain there could not be
a real want for a considerable time, and, therefore, desired the issues
of certificates might be discontinued. If, on the other hand, a part has
been carried to foreign markets, it proves the necessity of restricting
reasonably this avenue to abuse. This is my sole object, and not that a
real want of a single individual should be one day unsupplied. In this
I am certain we shall have the concurrence of all the good citizens of
Massachusetts, who are too patriotic and too just to desire, by calling
for what is superfluous, to open a door for the frauds of unprincipled
individuals who, trampling on the laws, and forcing a commerce shut to
all others, are enriching themselves on the sacrifices of their honester
fellow citizens;--sacrifices to which these are generally and willingly
submitting as equally necessary whether to avoid or prepare for war.
Still further, however, to secure the State against all danger of want,
I will request you to continue issuing certificates, in the moderate
way proposed in your letter, until your departure from the Capital, as
before stated, when I will consider it as discontinued, or make another
appointment if necessary. There is less risk of inconvenience in this,
as, by a letter from the Secretary of the Treasury, of May 20th, the
collectors were advised not to detain any vessel, the articles of whose
lading were so proportioned as to give no cause of suspicion that they
were destined for a foreign market. This mode of supply alone seems to
have been sufficient for the other importing States, if we may judge from
the little use they have made of the permission to issue certificates.
Should these reasonable precautions be followed, as is surmised in
your letter of July 21st, by an artificial scarcity, with a view to
promote turbulence of any sort or on any pretext, I trust for an ample
security against this danger to the character of my fellow citizens of
Massachusetts, which has, I think, been emphatically marked by obedience
to law, and a love of order. And I have no doubt that whilst we do
our duty, they will support us in it. The laws enacted by the general
government, will have made it our duty to have the embargo strictly
observed, for the general good; and we are sworn to execute the laws. If
clamor ensue, it will be from the few only, who will clamor whatever we
do. I shall be happy to receive the estimate promised by your Excellency,
as it may assist to guide us in the cautions we may find necessary.
And here I will beg leave to recall your attention to a mere error of
arithmetic in your letter of July 23d. The quantity of flour requisite
on the data there given, would be between thirteen and fourteen thousand
barrels per month. I beg you to accept my salutations, and assurances of
high respect and consideration.
TO MR. FULTON.
MONTICELLO, August 15, 1808.
SIR,--Immediately on the receipt of your letter of the 5th, I wrote to
the Secretary of the Navy, recommending a compliance with your request
of the workmen. Although no public servant could justify the risking the
safety of an important seaport, solely on untried means of defence, yet
I have great confidence in those proposed by you as additional to the
ordinary means. Their small cost, too, in comparison with the object,
ought to overrule those rigorous attentions to keep within the limits
of our appropriations, which have probably weighed with the Secretary
in declining the proposition. You are sensible, too, that harassed as
the offices are daily by the visions of unsound heads, even those solid
inventions destined to better our condition, feel the effects of being
grouped with them. Wishing every success to your experiment, I salute you
with esteem and respect.
TO MR. I. SMITH.
MONTICELLO, August 15, 1808.
SIR,--I this moment receive your favor of the 12th, with Captain Saunders'
letter on the acquisition of a site for a battery at Norfolk. I think
that, instead of acceding to the proposition to take the whole three
acres at $1,500, it will be better to accept the other alternative of Mr.
Thompson, to have the ground valued by proper persons. In this case too it
should be attempted to restrain the purchase to the half acre, as desired
by the Secretary at War, but if the owner insists on selling the whole or
none, the whole should be taken rather than let the works of defence be
delayed. You will be pleased to give instructions accordingly.
The despatches hitherto received at the War Office, and forwarded to
me, I have from time to time sent directly to General Dearborne, on the
presumption they had not yet been seen by him. If this is wrong, be so
good as to notify me of it. I return you Captain Saunders' letter, and
tender you my salutations.
TO HIS EXCELLENCY GOVERNOR TOMPKINS.
MONTICELLO, August 15, 1808.
SIR,--I have this day received your Excellency's favor of the 9th instant,
and I now return you the papers it enclosed. The case of opposition
to the embargo laws on the Canada line, I take to be that of distinct
combinations of a number of individuals to oppose by force and arms the
execution of those laws, for which purpose they go armed, fire upon the
public guards, in one instance at least have wounded one dangerously, and
rescue property held under these laws. This may not be an insurrection
in the popular sense of the word, but being arrayed in warlike-manner,
actually committing acts of war, and persevering systematically in
defiance of the public authority, brings it so fully within the legal
definition of an insurrection, that I should not hesitate to issue a
proclamation, were I not restrained by motives of which your Excellency
seems to be apprized. But as by the laws of New York an insurrection
can be acted on without a previous proclamation, I should conceive it
perfectly correct to act on it as such, and I cannot doubt it would be
approved by every good citizen. Should you think proper to do so, I will
undertake that the necessary detachments of militia called out in support
of the laws, shall be considered as in the service of the United States,
and at their expense. And as it has been intimated to me that you would
probably take the trouble of going to the spot yourself, I will refer to
your discretion the measures to be taken, and the numbers to be called out
at different places, only saying, as duty requires me to fix some limit,
that the whole must not exceed five hundred men without further consulting
me. Should you be willing to take the trouble of going to the place,
you will render a great public service, as I am persuaded your presence
there will be such a manifestation of the public determination to support
the authority of the laws, as will probably deter the insurgents from
pursuing their course. I think it so important in example to crush these
audacious proceedings, and to make the offenders feel the consequences
of individuals daring to oppose a law by force, that no effort should be
spared to compass this object. As promptitude is requisite, and the delay
of consulting me on details at this distance might defeat our views, I
would rather, where you entertain doubts, that you would satisfy yourself
by conference with the Secretary of the Treasury, who is with you, and
to whom our general views are familiar. I salute you with esteem and high
respect.
TO THE SECRETARY OF THE TREASURY.
MONTICELLO, August 15, 1808.
DEAR SIR,--Yours of the 6th and 9th, are just now received, as well as
a letter from Governor Tompkins on the subject of aiding the revenue
officers on the Canada line with militia. I refer you on this subject to
my answer to him, and pray you to encourage strongly his going to the
spot himself, and acting according to the urgencies which will present
themselves there. Should you have satisfactory evidence of either _mala
fides_ or negligence in Pease, he shall be removed without ceremony. I do
not know the residence of Greene of Massachusetts. The opinion you have
given in the case stated by Ellery is certainly correct. No civil officer
of the States can take cognizance of a federal case. Considering our
determination to let no more vessels go so far as the Cape of Good Hope,
I see nothing in the case of the brig Resolution, Craycroft, to justify a
change of the rule, and therefore cannot consent to a vessel's being sent
there. The case of the Chinese Mandarin is so entirely distinct, that it
can give no ground for this claim. The opportunity hoped from that, of
making known through one of its own characters of note, our nation, our
circumstances and character, and of letting that government understand at
length the difference between us and the English, and separate us in its
policy, rendered that measure a diplomatic one in my view, and likely to
bring lasting advantage to our merchants and commerce with that country.
I enclose you the rough draught of a letter I have written to Governor
Sullivan, in answer to two of his. It was done on consultation with Mr.
Madison.
I informed you in mine of the 11th that I had directed a commission for
General Steele as successor to Shee. This was certainly according to what
had been agreed upon at Washington, the event of Shee's death being then
foreseen and made the subject of consultation with yourself, Mr. Rodney,
and, I believe, Mr. Madison. The call for the militia from all the States
having been agreed on in April, I have taken for granted it was going on.
I will look to it, as also to the fortifications of New York. I salute you
with affection and respect.
TO GOVERNOR CLAIBORNE.
MONTICELLO, August 16, 1808.
SIR,--General Dearborne being on a visit to the province of Maine,
your letter to him (the date not recollected) was sent to me from his
office, and, after perusal, was forwarded to him. As the case of the
five Alabamas, under prosecution for the murder of a white man, may not
admit delay, if a conviction takes place, I have thought it necessary
to recommend to you in that case to select the leader, or most guilty,
for execution, and to reprieve the others till a copy of the judgment
can be forwarded, and a pardon sent you; in the meantime letting them
return to their friends, with whom you will of course take just merit for
this clemency, our wish being merely to make them sensible by the just
punishment of one, that our citizens are not to be murdered or robbed with
impunity.
I have learnt with real mortification that the engineers successively
appointed, have withdrawn from their undertaking to carry on the defensive
works of New Orleans. It is more regretted as capable persons in that line
are more difficult to be got, and it takes so long for the information to
come here, and the place to be supplied. Two other persons applied to here
have declined going. Whether General Dearborne has at length been able to
engage one I am not informed. I fear that these disappointments will lose
us the season in a work which more than any other it was my desire to have
had completed this year. Certainly these losses of time shall be shortened
by us as far as is in our power. I salute you with esteem and respect.
TO THE SECRETARY OF THE TREASURY.
MONTICELLO, August 19, 1808.
DEAR SIR,--Yours of August 3d, which ought to have been here on the 8th,
was not received till yesterday. It has loitered somewhere, therefore,
ten days, during which three mails have been received. I proceed to its
contents.
_Somes's case._ The rule agreed to at our meeting of June 30th was
general, that no permissions should be granted for Europe, Asia, or
Africa, and there is nothing in Somes's case to entitle it to exemption
from the rule, more than will be found in every case that shall occur;
as a precedent then, it would be a repeal of the rule, and in fact of
the embargo law. He might have sent his proofs to Malta through England,
either by the British packets or by our avisos. If he has not done it,
and cannot now do it, it is his fault; the permission therefore must be
refused.
_Coquerel's case._ 1. The question whether he had a right to expect a
permit is against him. None in writing was given; no note or memorandum on
any paper is found warranting the fact, nor is there even any trace of it
in the memory of the collector. On what evidence then does it rest? Merely
on the words of the owner and captain that the language of the collector
conveyed an impression on them that they were to have a permit: but we
well know where this sort of evidence would land us.
2d. But suppose we had had a positive or written permission, why was it
not used? Could it be believed to be good for this year, next year, or
ten years hence? The reason of the thing must have shown to every one
that it was good _under existing circumstances_ only, and might become
null if not used till these were changed. But the written notification of
August 1st, giving a final day, annuls all permits after that day; and not
a single circumstance is stated which entitles them to a prolongation of
the time, which would not entitle every other, and consequently repeal the
limitation of time and the law. I see no ground, therefore, for relieving
him from the operation of the rule.
* * * * *
I enclose you a letter from a Mr. Ithomel to the Secretary of the Navy.
I know not who he is, perhaps an officer of the navy. This is the second
letter he has written, expressing his belief that there is ground to
apprehend insurgency in Massachusetts. Neither do I know his politics,
which might also be a key to his apprehensions. That the federalists
may attempt insurrection is possible, and also that the governor would
sink before it. But the republican part of the State, and that portion
of the federalists who approve the embargo in their judgments, and at
any rate would not court mob-law, would crush it in embryo. I have some
time ago written to General Dearborne to be on the alert on such an
occasion, and to take direction of the public authority on the spot. Such
an incident will rally the whole body of republicans of every shade to a
single point,--that of supporting the public authority. Be so good as to
return the letter to Mr. Smith. He informs me he has left to yourself and
Commander Rogers to order whatever gun-boats you think can be spared from
New York to aid the embargo law. If enough be left there or near there, to
preserve order in the harbor, or to drive out a single ship of force, it
would be sufficient in the present tranquil state of things.
The principle of our indulgence of vessels to foreign ministers was, that
it was fair to let them send away all their subjects caught here by the
embargo, and who had no other means of getting away.
General Turreau says there are fifteen hundred French sailors,--deserters,
here, many of whom wish to go home. I have desired Mr. Madison to inform
him that the tonnage permitted must be proportioned to the numbers,
according to the rules in transport service. On this ground, I do not know
that we can do wrong. We have nothing yet from Pinckney or Armstrong. But
the first letter from the former must be so. I salute you with affection
and respect.
TO THE SECRETARY AT WAR.
MONTICELLO, August 20, 1808.
DEAR SIR,--I enclose you a letter of July 1st, from Governor Lewis,
received from the War Office by the last post. It presents a full, and
not a pleasant, view of our Indian affairs west of the Mississippi.
As the punishment of the Osages has been thought necessary, the means
employed appear judicious. First, to draw off the friendly part of the
nation, and then, withdrawing the protection of the United States, leave
the other tribes free to take their own satisfaction of them for their
own wrongs. I think we may go further, without actually joining in the
attack. The greatest obstacle to the Indians acting in large bodies,
being the difficulty of getting provisions, we might supply them, and
ammunition also, if necessary. I hope the Governor will be able to settle
with the Sacs and Foxes without war, to which, however, he seems too much
committed. If we had gone to war for every hunter or trader killed, and
murderer refused, we should have had general and constant war. The process
to be followed, in my opinion, when a murder has been committed, is first
to demand the murderer, and not regarding a first refusal to deliver,
give time and press it. If perseveringly refused, recall all traders,
and interdict commerce with them, until he be delivered. I believe this
would rarely fail in producing the effect desired; and we have seen
that, by steadily following this line, the tribes become satisfied of our
moderation, justice, and friendship to them, and become firmly attached
to us. The want of time to produce these dispositions in the Indians west
of the Mississippi, has been the cause of the Kanzas, the Republican,
the Great and the Wolf Panis, the Matas, and Poncaras, adhering to
the Spanish interest against us. But if we use forbearance, and open
commerce for them, they will come to, and give us time to attach them
to us. In the meantime, to secure our frontiers against their hostility,
I would allow Governor Lewis the three companies of spies, and military
stores he desires. We are so distant, and he so well acquainted with the
business, that it is safest for our citizens there and for ourselves,
after enjoining him to pursue our principles, to permit him to select the
means. The factories proposed on the Missouri and Mississippi, as soon
as they can be in activity, will have more effect than as many armies.
It is on their interests we must rely for their friendship, and not on
their fears. With the establishment of these factories, we must prohibit
the British from appearing westward of the Mississippi, and southward
of logarithm degree; we must break up all their factories on this side
the Mississippi, west of Lake Michigan; not permit them to send out
individual traders to the Indian towns, but require all their commerce to
be carried on at their factories,--putting our own commerce under the same
regulations, which will take away all ground of complaint. In like manner,
I think well of Governor Lewis' proposition to carry on all our commerce
west of the Mississippi, at fixed points; licensing none but stationary
traders residing at these points; and obliging the Indians to come to the
commerce, instead of sending it to them. Having taken this general view
of the subject, which I know is nearly conformable to your own, I leave
to yourself the detailed answer to Governor Lewis, and salute you with
constant affection and respect.
TO GOVERNOR LEWIS.
MONTICELLO, August 21, 1808.
DEAR SIR,--Your letter to General Dearborne, of July 1st, was not received
at the War Office till a few days ago, was forwarded to me, and after
perusal sent on to General Dearborne, at present in Maine. As his official
answer will be late in getting to you, I have thought it best, in the
meantime, to communicate to yourself, directly, ideas in conformity with
those I have expressed to him, and with the principles on which we have
conducted Indian affairs. I regret that it has been found necessary to
come to open rupture with the Osages, but, being so, I approve of the
course you have pursued,--that of drawing off the friendly part of the
nation,--withdrawing from the rest the protection of the United States,
and permitting the other nations to take their own satisfaction for the
wrongs they complain of. I have stated to General Dearborne that I think
we may go further, and as the principal obstacle to the Indians acting in
large bodies, is the want of provisions, we might supply that want, and
ammunition also, if they need it. With the Sacs and Foxes I hope you will
be able to settle amicably, as nothing ought more to be avoided than the
embarking ourselves in a system of military coercion on the Indians. If
we do this, we shall have general and perpetual war. When a murder has
been committed on one of our stragglers, the murderer should be demanded.
If not delivered, give time, and still press the demand. We find it
difficult, with our regular government, to take and punish a murderer
of an Indian. Indeed, I believe we have never been able to do it in a
single instance. They have their difficulties also, and require time. In
fact, it is a case where indulgence on both sides is just and necessary,
to prevent the two nations from being perpetually committed in war, by
the acts of the most vagabond and ungovernable of their members. When
the refusal to deliver the murderer is permanent, and proceeds from the
want of will, and not of ability, we should then interdict all trade and
intercourse with them till they give us complete satisfaction. Commerce is
the great engine by which we are to coerce them, and not war. I know this
will be less effectual on this side the Mississippi, where they can have
recourse to the British; but this will not be a long-lived evil. By this
forbearing conduct towards the Mississippian Indians for seven years past,
they are become satisfied of our justice and moderation towards them, that
we have no desire of injuring them, but, on the contrary, of doing them
all the good offices we can, and they are become sincerely attached to
us; and this disposition, beginning with the nearest, has spread and is
spreading itself to the more remote, as fast as they have opportunities
of understanding our conduct. The Sacs and Foxes, being distant, have
not yet come over to us. But they are on the balance. Those on this side
the Mississippi, will soon be entirely with us, if we pursue our course
steadily. The Osages, Kanzas, the Republican, Great and Wolf Panis, Matas,
Poncaras, &c., who are inclined to the Spaniards, have not yet had time
to know our dispositions. But if we use forbearance, and open commerce
with them, they will come to, and give us time to attach them to us. In
the meantime, to secure our frontiers, I have expressed myself to General
Dearborne in favor of the three companies of spies, and the military
supplies you ask for. So, also, in the having established factories, at
which all the traders shall be stationary, allowing none to be itinerant,
further than indispensable circumstances shall require. As soon as our
factories on the Missouri and Mississippi can be in activity, they will
have more powerful effects than so many armies. With respect to the
British, we shall take effectual steps to put an immediate stop to their
crossing the Mississippi, by the severest measures. And I have proposed
to General Dearborne to break up all their factories within our limits on
this side the Mississippi, to let them have them only at fixed points, and
suppress all itinerant traders of theirs, as well as our own. They have,
by treaty, only an equal right of commerce with ourselves, the regulations
of which on our side of the line belongs to us, as that on their side
belongs to them. All that can be required is that these regulations be
equal. These are the general views which, on the occasion of your letter,
I have expressed to General Dearborne. I reserve myself for consultation
with him, and shall be very glad to receive your sentiments also on the
several parts of them, after which we may decide on the modifications
which may be approved. In the meantime you will probably receive from him
an answer to your letter, till which this communication of my sentiments
may be of some aid in determining your own course of proceeding.
Your friends here are all well, except Colonel Lewis, who has declined
very rapidly the last few months. He scarcely walks about now, and
never beyond his yard. We can never lose a better man. I salute you with
affection and respect.
TO THE HONORABLE LEVI LINCOLN.
MONTICELLO, August 22, 1808.
DEAR SIR,--You are not unapprized that in order to check the evasions of
the embargo laws effected under color of the coasting trade, we found
it necessary to prevent the transportation of flour coast-wise, except
to the States not making enough for their own consumption, and that to
place the supplies of these States under some check, a discretionary
power was given to the Governors to give licenses to the amount of what
they deemed the necessary importation. By a subsequent regulation, the
collectors were advised not to detain suspicious vessels, the articles
of whose cargoes were so proportioned as not to excite suspicion of
fraudulent intentions; and particularly where not more than one-eight in
value was provisions. This last regulation has operated so well that in
the other importing States (Massachusetts excepted) little or no use has
been made of the power of giving special licenses. But the licenses of
Massachusetts, in the first two months, having amounted to 60,000 barrels
of flour, the quantity was so much beyond their consumption, that it was
suspected the licenses were fraudulently perverted to cover exportation.
I therefore requested Governor Sullivan to discontinue issuing them, as,
if the whole quantity was landed and retained in the State, it could not
want for some time, and if exported, it showed we ought to guard that
avenue to fraud. He apprized me, however, by letter, of circumstances
which induced him to continue a moderated issue of licenses till he
could hear from me, and I approved of his doing so till he should leave
the capital, which he informed me he should do in the fall, when, if the
power were to be continued, he wished it to be put into other hands, as
his absence would prevent his exercising it. On this ground the matter
now rests. He supposes that about ninety thousand persons in the State
subsist on imported flour, which, at a pound a day, would require between
thirteen and fourteen thousand barrels a month. Certainly it is not my
wish that the want of a single individual should be unsupplied a single
day; and I presume the well-affected citizens of Massachusetts would not
wish, by importing a superfluous stock, to open a door for defeating a
law judged by the national authorities necessary for the public good, and
cheerfully submitted to elsewhere in the union. The question is, whether,
after so great importations, the permission to all coasting vessels to
take one-eight in provisions will not supply the State? On this subject
I ask your friendly information. If it will not, then I must request
your undertaking to issue licenses, on the departure of the Governor,
to such characters as you may not suspect would make a fraudulent use of
them. The power will, with propriety, devolve on you, on the Governor's
declining it. You stand next in the confidence of the State, and certainly
second to no one in my confidence. I will therefore ask from you a full
communication of facts, and your opinions on this subject, with an entire
disposition on my part to do whatever, consistently with my duty, I can
do to obviate difficulties. I pray you to be assured of my constant esteem
and attachment.
TO GOVERNOR LEWIS.
MONTICELLO, August 24, 1808.
DEAR SIR,--My letter of August 21st being gone to the post-office, I write
this as a supplement, which will be in time to go by the same post. Isham
Lewis arrived here last night and tells me he was with you at St. Louis
about the second week in July, and consequently, after your letter of the
1st of that month, that four Iowas had been delivered up to you as guilty
of the murder which had been charged to the Sacs and Foxes, and that
you supposed three of them would be hung. It is this latter matter which
induces me to write again.
As there was but one white murdered by them, I should be averse to the
execution of more than one of them, selecting the most guilty and worst
character. Nothing but extreme criminality should induce the execution of
a second, and nothing beyond that. Besides their idea that justice allows
only man for man that all beyond that is new aggression, which must be
expiated by a new sacrifice of an equivalent number of our people, it
is our great object to impress them with a firm persuasion that all our
dispositions towards them are fatherly; that if we take man for man, it
is not from a thirst for blood or revenge, but as the smallest measure
necessary to correct the evil, and that though all concerned are guilty,
and have forfeited their lives by our usages, we do not wish to spill
their blood as long as there can be a hope of their future good conduct.
We may make a merit of restoring the others to their friends and their
nation, and furnish a motive for obtaining a sincere attachment. There
is the more reason for this moderation, as we know we cannot punish any
murder which shall be committed by us on them. Even if the murderer can
be taken, our juries have never yet convicted the murderer of an Indian.
Should these Indians be convicted, I would wish you to deliver up to their
friends at once, those whom you select for pardon, and not to detain them
in confinement until a pardon can be actually sent you. That shall be
forwarded to you as soon as you shall send me a copy of the judgment on
which it shall be founded.
I am uneasy hearing nothing from you about the Mandan chief, nor the
measures for restoring him to his country. That is an object which presses
on our justice and our honor, and further than that I suppose a severe
punishment of the Ricaras indispensable, taking for it our own time
and convenience. My letter from Washington asked your opinions on this
subject. I repeat my salutations of affection and respect.
TO THE SECRETARY AT WAR.
MONTICELLO, August 25, 1808.
DEAR SIR,--In my letter of the 15th I informed you that I had authorized
Governor Tompkins to order out such aids of militia on Lake Ontario and
the Canada line, as he should find necessary to enforce the embargo, not
exceeding five hundred, he proposing to repair thither himself to select
trusty persons. I am now to request that you will have measures taken for
their pay, subsistence, and whatever else is requisite.
I enclose you applications for military command in favor of John B.
Livingston and John Murphy, a letter from Governor Hull, and one from
Howell Hern, who seems to have just cause of complaint against Captain
Armistead; and I salute you with affection and respect.
TO THE SECRETARY OF THE TREASURY.
MONTICELLO, August 26, 1808.
DEAR SIR,--Yours of the 17th was received only yesterday. It ought to have
come by the preceding post. I mention the delay of your letters, as you
may perhaps know how it happens.
_Smissaert's Case._
The exportation of these doits was refused before, and I see no reason for
a change of opinion. They are understood to be private property. If they
were public, we might on a principle of comity permit their exportation
in their own or any other foreign vessel. But comity does not require
us to send our ships and seamen into the mouths of captors. I am not
sufficiently informed of the conduct of the Batavian government towards
our vessels at present, to derive any motive from that to affect the
present case.
Kettridge's letter, with yours to him and Blake, and Burt's letter, are
now returned. I am in hopes the successes of our armed vessels will check
the evasions of the embargo. I have received no letter from Governor
Tompkins since that of the 9th, my answer to which, of the 15th, contained
assurances which would fully meet any case of militia ordered out by
him under five hundred, as to our answering the expense. I will write
immediately to General Dearborne to provide pay and subsistence, and
will send it open to his chief clerk at Washington, with instructions to
him to take order in it immediately, to prevent the delay from General
Dearborne's absence. I will also write to General Wilkinson to forward
the recruits of New York to the positions you have named. Your circular
for the North Carolina navigation, and the papers concerning the Mandarin,
are not yet received. Astor's publication in the Aurora has sufficiently
quieted me on that head. * * * * *
P. S. No letter yet from Mr. Pinckney.
TO CAPTAIN M'GREGOR.
MONTICELLO, August 26, 1808.
SIR,--In answer to the petition which you delivered me from the officers
of merchant vessels belonging to Philadelphia, I must premise my sincere
regret at the sacrifices which our fellow citizens generally, and the
petitioners in particular, have been obliged to meet by the circumstances
of the times. We live in an age of affliction, to which the history of
nations presents no parallel. We have for years been looking on Europe
covered with blood and violence, and seen rapine spreading itself over
the ocean. On this element it has reached us, and at length in so serious
a degree, that the Legislature of the nation has thought it necessary to
withdraw our citizens and property from it, either to avoid, or to prepare
for engaging in the general contest. But for this timely precaution,
the petitioners and their property might now have been in the hands of
spoilers, who have laid aside all regard to moral right. Withdrawing
from the greater evil, a lesser one has been necessarily encountered. And
certainly, could the Legislature have made provision against this also, I
should have had great pleasure as the instrument of its execution, but it
was impracticable, by any general and just rules, to prescribe in every
case the best resource against the inconveniences of this new situation.
The difficulties of the crisis will certainly fall with greater pressure
on some descriptions of citizens than on others; and on none perhaps with
greater than our seafaring brethren. Should any means of alleviation
occur within the range of my duties, I shall with certainty advert to
the situation of the petitioners, and, in availing the nation of their
services, aid them with a substitute for their former occupations. I
salute them and yourself with sentiments of sincere regard.
TO THE SECRETARY AT WAR.
MONTICELLO, August 27, 1808.
DEAR SIR,--In my letter of yesterday I omitted to enclose that of Hern,
which I now do. I add to it a newspaper from St. Louis, in which is an
account of the surrender of some Indian murderers. This paper says there
were three or four whites murdered. But I think Governor Lewis' letter
says but one. On that ground I wrote to him to recommend, if they should
be convicted, to suffer only one to be executed, unless there was strong
reason for doing more, and to deliver up the rest to their friends, as a
proof of our friendship and desire not to injure them. Mr. Woolsey, our
Collector on Champlain, has lately been to Montreal. He took much pains to
find out the British strength in that quarter, and the following is what
he says, we may rely on:
At Montreal 450
Chambly 80
St. John's 40
Odle Town 14
Isle Aux Noix 10
----
594
He adds, that 10,000 men will take the whole country to within a league of
Quebec. I salute you with affection and respect.
TO THE EMPEROR OF RUSSIA.
UNITED STATES, August 29, 1808.
GREAT AND GOOD FRIEND AND EMPEROR,--Desirous of promoting useful
intercourse and good understanding between your majesty's subjects and the
citizens of the United States, and especially to cultivate the friendship
of your majesty, I have appointed William Short, one of our distinguished
citizens, to be in quality of Minister Plenipotentiary of the United
States, the bearer to you of assurances of their sincere friendship,
and of their desire to maintain with your majesty and your subjects the
strictest relations of amity and commerce: he will explain to your majesty
the peculiar position of these States, separated by a wide ocean from the
powers of Europe, with interests and pursuits distinct from theirs, and
consequently without the motives or the appetites for taking part in the
associations or oppositions which a different system of interests produces
among them; he is charged to assure your majesty more particularly of our
purpose to observe a faithful neutrality towards the contending powers, in
the war to which your majesty is a party, rendering to all the services
and courtesies of friendship, and praying for the re-establishment of
peace and right among them; and we entertain an entire confidence that
this just and faithful conduct on the part of the United States will
strengthen the friendly dispositions you have manifested towards them, and
be a fresh motive with so just and magnanimous a sovereign to enforce, by
the high influence of your example, the respect due to the character and
the rights of a peaceable nation. I beseech you, great and good friend
and emperor, to give entire credence to whatever he shall say to you on
the part of these States, and most of all when he shall assure you of
their cordial esteem and respect for your majesty's person and character,
praying God always to have you in his safe and holy keeping.
TO GENERAL WILKINSON.
MONTICELLO, August 30, 1808.
DEAR GENERAL,--The absence of General Dearborne and his great distance
render it necessary to recommend a measure which should regularly go from
him, but will not admit of that delay. The armed resistance to the embargo
laws on the Canada line induced us at an early period to determine that
the new recruits of the northern States should be rendezvoused there,
and I presume you received such instructions from General Dearborne. In
the meantime we have been obliged to make several detachments of militia
to points on that line. This is irksome to them, expensive, troublesome,
and less efficacious. Understanding that there are three companies of new
recruits filled, or nearly filled, at New York, I must pray you to order
these, and indeed all the recruits of the State of New York, to Sackett's
Harbor, Oswegatchie, and Plattsburgh, in equal proportions to each, in
order to support the collectors in the execution of their duties, and this
without any avoidable delay, giving notice to Governor Tompkins of their
march and time of probable arrival at their destination, that he may give
corresponding orders respecting the relief of the militia. I salute you
with esteem and respect.
TO THE SECRETARY OF THE TREASURY.
MONTICELLO, August 30, 1808.
DEAR SIR,-- * * * * * Mr. Madison and myself on repeated consultations,
(and some of the other members of the executive expressed the same
opinion before they left Washington,) have concluded that the mission to
Petersburgh should not be delayed. Being special, and not permanent, the
waiting the meeting of the Senate is less important, and, if we waited,
that it could not go till spring, and we know not what this summer and
the ensuing winter may produce. We think secrecy also important, and
that the mission should be as little known as possible, till it is in
Petersburgh, which could not be, if known to the Senate. Mr. Short goes
therefore in the aviso from Philadelphia, to be engaged for September
15th. He is peculiarly distressed by sickness at sea, and of course more
so the smaller the vessel. I think, therefore, the occasion justifies the
enlargement of our vessel somewhat beyond what might be necessary for
a mere aviso. The season, too, by the time of her return, might render
it desirable for safety, which circumstance may be mentioned in your
instructions to the collector, to prevent his suspicions of the real
ground. I salute you with affection and respect.
TO THE SECRETARY OF STATE.
MONTICELLO, September 5, 1808.
DEAR SIR,--The last post brought me the counter addresses now enclosed.
That from Ipswich is signed by about forty persons; the town meeting
which voted the petition consisted of thirty. There are 500 voters in the
place. The counter address of Boston has 700 signatures. The town meeting
voting the petition is said to have consisted of 500. In the draught of an
answer enclosed, I have taken the occasion of making some supplementary
observations which could not with propriety have been inserted in the
answers to the petitions. The object is that the two together may present
to our own people the strongest points in favor of the embargo in a short
and clear view. An eye is also kept on foreign nations, in some of the
observations. Be so good as to make it what it should be, and return it by
the first post. * * * * *
I salute you with constant and sincere affection.
TO THE SECRETARY AT WAR.
MONTICELLO, September 5, 1808.
DEAR SIR,--Yours of August 18th is this moment received, and I forward you
a letter of July 16th, from Governor Lewis, from which you will perceive
that the cloud between us, the Iowas, Foxes, and Sacs, is cleared up.
He says nothing of the Osages; but I presume their enemies have taken
advantage of the withdrawing our protection from them. Should you not have
issued orders for the 100,000 men, I believe it may rest till we meet in
Washington, under present appearances, that they may not be wanting. Mr.
Pinckney, in a letter of June 29th, says, "I had a long interview this
morning with Mr. Canning, which has given me hopes that the [3]object
mentioned in your letter of April 30th may be accomplished, if I should
authorize the expectation which the same [4]letter suggests." He adds that
he waits for the St. Michael, when he will give the result and details.
He thinks they will also make acceptable satisfaction for the Chesapeake.
Proposing to leave this on the 28th, I presume I had better reserve future
communications for our meeting at Washington.
I salute you with constant affection and respect.
FOOTNOTES
[3] Repeal of the orders of council.
[4] Repeal of the embargo.
TO THE SECRETARY OF STATE.
MONTICELLO, September 6, 1808.
DEAR SIR,--I return you Pinckney's letter, the complexion of which I like.
If they repeal their orders, we must repeal our embargo. If they make
satisfaction for the Chesapeake, we must revoke our proclamation, and
generalize its operation by a law. If they keep up impressments, we must
adhere to non-intercourse, manufacturers' and a navigation act. I enclose
for your perusal a letter of Mr. Short's. I inform him that any one of
the persons he names would be approved, the government never recognizing a
difference between the two parties of republicans in Pennsylvania.
* * * * *
I salute you with constant affection.
TO MR. SHORT.
MONTICELLO, September 6, 1808.
DEAR SIR,--I avail myself of the last moment allowed by the departure
of the post to acknowledge the receipt of your letters of the 27th and
31st ult., and to say in answer to the last, that any one of the three
persons you there propose would be approved as to their politics, for
in appointments to office the government refuses to know any difference
between descriptions of republicans, all of whom are in principle, and
co-operate, with the government. Biddle we know, and have formed an
excellent opinion of him. His travelling and exercise in business must
have given him advantages. I am much pleased with the account you give
of the sentiments of the federalists of Philadelphia as to the embargo,
and that they are not in sentiment with the insurgents of the north. The
papers have lately advanced in boldness and flagitiousness beyond even
themselves. Such daring and atrocious lies as fill the third and fourth
columns of the third page of the United States Gazette of August 31st,
were never before, I believe, published with impunity in any country.
However, I have from the beginning determined to submit myself as the
subject on whom may be proved the impotency of a free press in a country
like ours, against those who conduct themselves honestly and enter into no
intrigue. I admit at the same time that restraining the press _to truth_,
as the present laws do, is the only way of making it useful. But I have
thought necessary first to prove it can never be dangerous. Not knowing
whether I shall have another occasion to address you here, be assured that
my sincere affections and wishes for your success and happiness accompany
you everywhere.
TO THE SECRETARY OF THE TREASURY.
MONTICELLO, September 9, 1808.
DEAR SIR,--Your two letters of the 2d instant were read yesterday
afternoon, and I now return you Penniman's and Gray's papers, and the
New Orleans petition. Penniman's conduct deserves marked approbation, and
there should be no hesitation about the expenses reasonably incurred. If
all these people are convicted, there will be too many to be punished with
death. My hope is that they will send me full statements of every man's
case, that the most guilty may be marked as examples, and the less so
suffer long imprisonment under reprieves from time to time.
_Packet between Vermont and Canada._
I do not think this is a time for opening new channels of intercourse with
Canada, and multiplying the means of smuggling, and am therefore against
this proposition.
_Mr. Gray's case._
His late rational and patriotic conduct would merit any indulgence
consistent with our duty; but the reason and the rule against permitting
long voyages at present, are insurmountable obstacles. It is to be hoped
some circuitous means of sending his proofs can be found. A vessel may go
from England as well as from here.
_New Orleans Petition._
You know I have been averse to letting Atlantic flour go to New Orleans
merely that they may have the _whitest_ bread possible. Without honoring
the motives of the petition, it gives us the fact that there is western
flour enough for the New Orleans market. I would therefore discourage
Atlantic cargoes to that place.
I send you the petition of Thomas Beatty for Samuel Glen, of Londonderry,
for permission to load a vessel for Ireland. Mr. Beatty met me in the road
in one of my daily rides. I gave his paper a hasty perusal, and, asking
time for consideration, I told him I would enclose it to you, who would
give the answer. On a more deliberate reading of it, I see nothing to
exempt it from the general rules, according to which you will be so good
as to dispose of it.
The cases from Charleston require consideration, and our regular post
gives me, in fact, but one forenoon to answer letters. I will forward them
to Mr. Theus by our extra post of the 13th.
I salute you with friendship and respect.
TO SIMEON THEUS, ESQ.
MONTICELLO, September 10, 1808.
SIR,--According to the request of Mr. Gallatin's letter, herewith
enclosed, I have considered the petitions of Grove, Himely, Everingham,
and Ogier & Turner, referred to me by him, and forward you the decisions
for your government. They are addressed to yourself directly, to avoid
unnecessary delay to the parties, by passing them through him, as
regularly they should have been.
_Grove's Case._
Although the circular of the 1st of July limited no precise day for the
departure of vessels under permits, yet in all such cases, a reasonable
time only is to be understood, such as using due diligence, will suffice
for the object. Such regulations can never be deemed but as temporary,
and especially in times when the political circumstances governing them
are liable to daily change. The time between the receipt at Charleston,
of the circulars of July 1st and August 1st, was from the 19th or 20th
of July to the 16th of August,--twenty-seven days; and within this time
Mr. Grove states explicitly that he had prepared and cleared out the ship
Pierce Manning, for the Havanna, and that she would have sailed before
the 16th of August but for adverse winds. Considering, therefore, that the
limitation of departure to the 15th of August was not known at Charleston
till the 16th, so that not a moment's warning was given of it there, I
think that, satisfactory proof being exhibited to the collector, that she
was ready for sailing, or even very nearly ready on the 16th of August.
She may now be permitted to depart, on condition that she does depart
within such time as the state of her preparation, somewhat of course
relaxed during the suspension, may in the judgment of the collector render
necessary.
The reasons for originally limiting a day, increased by time require the
exaction of this condition.
_Himeley's Case._
This petition has no date; but it imports to have been written on the
day of the receipt of the circular of August 1st at Charleston, and
consequently on the 16th of August. It affirms that the brig Three
Brothers, for Matanzas, then had on board the crew and necessary
provisions, and assigns a probable reason why she could not have been
ready sooner. For the reasons, and on the conditions stated in Grove's
case, (that is to say, on proof of the facts to the collector, and her
prompt departure,) she ought to have a permit.
_Everingham's Case._
I put entirely out of sight, as having no bearing on this case, everything
which passed prior to the receipt of the circular of July 1st, and
consider the case as beginning _de novo_ then, and under that circular.
The petitioner declares expressly that on the publication of that
circular, (July 20th,) he used every exertion to prepare the ship Diana
for a voyage to the Havanna, and had _just prepared her_ therefor when
the circular of August 1st was received. The expression _just prepared_,
is not absolutely definite. It may respect time or degree. It implies,
however, that she was _very nearly_, if not quite, prepared. And if the
collector receives satisfactory proof that he was _nearly prepared_,
although she might not be in absolute readiness at the first moment of
receiving the warning, and on the conditions stated in Grove's case.
The case of the schooner James is very different. The petitioner only
states that he had _applied_ to the collector, and obtained leave prior
to August 1st,--had _begun_ to use exertions, &c., and had _ordered_ her
to be careened and graved, &c., when the circular of August 1st arrived,
to wit, August 16th, twenty-seven days had therefore intervened, and
nothing more than an _order_ given to careen. In the other cases we
have seen that the twenty-seven days were sufficient to be in a state of
actual readiness, even where a part of the loading was to be sent for from
another State. No permit, therefore, can be granted in this case.
_Ogier & Turner's Case._
The petitioners state that Ogier had time, after the receipt of the
circular of July 1st, to _prepare and despatch_ one vessel; but that they
were only _preparing_ other vessels when the second circular was received,
to wit, August 16th, whereupon the collector refused to let them despatch
the vessels which they had been _preparing_ as aforesaid. A due diligence
then having enabled them to despatch one vessel in the twenty-seven days,
a like diligence, had it been used, might have despatched others. But from
the tenor of their petition, the preparations of the others seem to have
been merely incipient, and not near completion. They have consequently
lost the claims on that equity which extends relief against rigorous
rules, where due exertions have been used to fulfil them, and have been
defeated only by accidental and unavoidable want of notice. They are not
entitled to permits in this case.
TO THE SECRETARY OF STATE.
MONTICELLO, September 13, 1808.
DEAR SIR,--I send you a letter of Short's for perusal, and one of Edgar
Patterson, asking what is already I presume provided for, and one of
General Armstrong, which I do not well understand, because I do not
recollect the particular letter which came by Haley. I presume the counsel
he refers to is to take possession of the Floridas. This letter of June
15th is written after the cession by Carlos to Bonaparte of all his
dominions, when he supposed England would at once pounce on the Floridas
as a prey, or Bonaparte occupy it as a neighbor. His next will be written
after the people of Spain will have annihilated the cession, England
become the protector of Florida, and Bonaparte without title or means to
plant himself there as our neighbor.
Ought I to answer such a petition as that of Rowley? The people have
a right to petition, but not to use that right to cover calumniating
insinuations.
Turreau writes like Armstrong so much in the buskin, that he cannot give a
naked fact in an intelligible form. I do not know what it is he asks for.
If a transport or transports to convey sailors, there has been no refusal;
and if any delay of answer, I presume it can be explained. If he wishes to
buy vessels here, man them with French seamen, and send them elsewhere,
the breach of neutrality would be in permitting, not in refusing it.
But have we permitted this to England? His remedy is easy in every case.
Repeal the decrees. I presume our Fredericksburg rider need not come after
his next trip. I salute you affectionately.
TO THE SECRETARY OF THE NAVY.
MONTICELLO, September 16, 1808.
DEAR SIR,--You will perceive by the enclosed papers that an aggression has
been committed on the Spanish territory by (if I understand the case,)
both our land and sea officers. I enclose the papers to you that the
necessary orders may be given in your department, and the papers handed
on to the War department that the same may be done there. I suppose it
will suffice for the present to order the men to be immediately given
up, and the officers given to understand that the conduct of those who
committed it will become a subject of consideration for the Cabinet on its
re-assembling at Washington, and that we will not permit aggressions to be
committed on our part, against which we remonstrated to Spain on her part.
I expect to be in Washington on the last day of September, or 1st of
October. I salute you with affection and respect.
TO THE SECRETARY OF THE TREASURY.
MONTICELLO, September 20, 1808.
DEAR SIR,--Yours of September 10th and 14th were received yesterday, and
my time being brief, my answer must be so.
_Brig Betsey, and the Aurora._
The first having put back by stress of weather, and inevitable necessity,
ought, I think, to be permitted to sail again; but not to the Aurora,
which put back merely because the Captain was a fool. They have lost
their chance by their own folly, and have no claim to be excepted out of
the general rule. If you concur in these opinions be so good as to act on
them; but if you think differently, let them lie till we meet, which will
probably be within two or three days after you receive this.
_Mr. Soderstrom._
His application is peremptorily refused, and his lawyer's opinions are
sent to Mr. Madison, that he may be properly reprimanded. For a foreign
agent, addressed to the Executive, to embody himself with the lawyers of
a faction whose sole object is to embarrass and defeat all the measures
of the country, and by their opinions, known to be always in opposition,
to endeavor to influence our proceedings is a conduct not to be permitted.
The government will certainly decide for itself on whose counsel they will
settle the construction of the laws they are to execute. We are to look
at the intention of the Legislature, and to carry it into execution while
the lawyers are nibbling at the words of the law. It is well known that on
every question the lawyers are about equally divided, as is seen in the
present case, and were we to act but in cases where no contrary opinion
of a lawyer can be had, we should never act. I send White's petition for
better information, to be acted on when we meet. Affectionate salutations.
TO MR. GALLATIN.
October 14, 1808.
As we know that Sullivan's licenses have overstocked the wants of
the eastern States with flour, the proposal to carry more there is of
itself suspicious, and therefore even regular traders ought not to be
allowed. The regular trade was to supply flour for exportation as well as
consumption. If the rule of the sixth (or eighth, I believe,) is extended
to them, the supply will be kept up sufficiently for consumption. The rule
of the sixth is a good one, because if the vessel goes off, the gain will
not be more than the loss by forfeiture, which in that case becomes an
efficient penalty. If they wish to take more, it furnishes good grounds of
suspicion that they mean to pay the forfeitures out of the gains, and to
profit by the surplus. I should think it ought to be adhered to, and that
the collectors should consider it as a rule to regulate their discretion,
and to give equal measure in all our posts to all our citizens.
* * * * *
TO ROBERT L. LIVINGSTON.
WASHINGTON, October 15, 1808.