Volume 5 / Part 3 — PART III.—Continued. LETTERS WRITTEN AFTER HIS RETURN TO THE U. S. DOWN TO THE TIME OF HIS DEATH. 1790-1826. (continued 7)

If a simple canal were cut from that of Carondelet to the Mississippi without lock or gate, there would be two risks. 1. That in high water of the Mississippi the current would be too strong for a gun-boat to ascend or descend. This might perhaps be remedied by the draught of horses. 2. The force of such a current, (unless the whole canal were lined with brick or masonry,) might convert the canal into a bay, one of an unknown size, and involve New Orleans in it.

On the whole, I suspect our plan is pretty obvious: suppose we want six feet water; make a canal of that depth below the lowest ebb of Pontchartrain from the lake to where the lock is to be placed,—then bring a canal from the river to the lock, the depth of which shall be six feet below the lowest water of the Mississippi ever known; at the back there will be a descent, suppose of one, two or three feet, or any other number. The lock remedies that. If the lock were near the lake it would lessen the work by giving nearly the whole length to the shallowest canal, and it would probably be in a more tranquil and safe situation. But it might be inconvenient, perhaps unsafe, to the sides of the Mississippi canal, to permit such a depth of water as would be in it, through its whole length, at the time of the high water of that river. Of the best position, therefore, of the lock, the superintendent must judge on the spot, as he must indeed of the correctness of all the preceding conjectures, formed without a knowledge of the localities. They are hazarded merely to give us some fixed notions of the nature of the enterprize, and are submitted to your consideration. I salute you with affectionate respect.

TO THE SECRETARY OF THE TREASURY.

Monticello, May 15, 1808.

Dear Sir,—I received yesterday the enclosed letter from a Mr. Wood, of New York. I should suppose the fruits of Europe stood nearly on the ground of the dry goods of Europe, not tempting evasion by exorbitant prices, nor defeating the object of the embargo in any important degree, even if a deviation should take place. I send it to yourself for decision and answer, in order that there may be an uniformity in the decisions. I am really glad to find the collector so cautious, and hope others will be equally so, and I place immense value in the experiment being fully made, how far an embargo may be an effectual weapon in future as well as on this occasion. I salute you with affection and respect.

P. S. Will you send me sixteen copies of my letters to the Governors of Orleans, Georgia, &c., which I think you proposed to have printed? I will enclose it to the other governors with explanations.

TO THE SECRETARY OF THE TREASURY.

Monticello, May 17, 1808.

Dear Sir,—Yours of the 16th came to hand last night. As the lead mines do not press in point of time, I would rather they should be the subject of a conversation on my return. It is not merely a question about the terms we have to consider, but the expediency of working them. As to the Savannah revenue cutter, I approve of the proposition in your letter, or whatever else you may think proper to be done. The regular traders to New Orleans may be admitted to go as usual, the characters of the owners being known to be safe, and provisions and lumber being excepted. Cotton perhaps may be permitted to be brought back on the consideration that its price in Europe is not likely to be such as that the adventurers may afford to pay all the forfeitures. I presume Mr. Price's application, which I enclose you, will fall under this general permission. Will you be so good as to have the proper answer given him. If we change our rule of tonnage for Mr. Murray's purpose, the next application will be for such a rate of tonnage as will allow them to bring back their property in the form of hay. General Dearborne has occasion to send a vessel to Passamaquoddy with cannon for the batteries, and perhaps provision for the troops, and has asked me to send him a blank license. But as these licenses are not signed by me, I refer him to you for the necessary arrangements.

I shall sincerely lament Cuba's falling into any hands but those of its present owners. Spanish America is at present in the best hands for us, and "Chi sta bene, non si muove" should be our motto. I salute you with affection.

TO THE SECRETARY OF STATE.

Monticello, May 19, 1808.

Dear Sir,—I now return you the papers reserved from the last post. Our regular answer to Mr. Livingston may well be, that the Attorney General having given an official opinion that the right to the batture is in the United States, and the matter being now referred to Congress, it is our duty to keep the grounds clear of any adversary possession, until the Legislature shall decide on it. I have carefully read Mr. Livingston's printed memoir. He has shaken my opinion as to the line within the road having been intended as a line of boundary instead of its being a line of admeasurement only. But he establishes another fact by the testimony of Fendeau, very fatal to his claim; to wit, that the high-water mark, "batture, ou viennent battre les eaux lorsqu elles sont dans leurs plus grandes croissances," is the universal boundary of private grants on the river.

Your observations on his allegations that Gravier's grant must be under the Spanish law, because after the cession of the province by France to Spain, though before delivery of possession, are conclusive. To which may be added, that Louis XIV. having established the Constumes de Paris as the law of Louisiana, this was not changed by the mere act of transfer; on the contrary, the laws of France continued and continue to be the law of the land, except where specially altered by some subsequent edict of Spain or act of Congress. He has not in the least shaken the doctrine that the bed of the river, and all the atterrissements or banks which arise on it by the depositions of the river, are the property of the King by a peculiarity in the law of France; so that nothing quoted from those of Spain or the Roman law is of authority on that point. Affectionate salutations.

TO THE SECRETARY OF THE TREASURY.

Monticello, May 20, 1808.

Dear Sir,—I return you the papers of Fanning, Lesdernier, and Sacket. With respect to Fanning's case, the true key for the construction of everything doubtful in a law, is the intention of the law-makers. This is most safely gathered from the words, but may be sought also in extraneous circumstances, provided they do not contradict the express words of the law. We certainly know that the Legislature meant that vessels might go out to bring home property, but not to commence a new career of commerce. The bringing home the property being the main object, if it be in an impracticable form, it expects the intention of the law to let it be commuted into a practicable form; and so from an inconvenient to a convenient form. To prevent any abuse of this accommodation, by entering into a new operation of commerce with it, the discretionary permission is left to the President. I think the conversion of the sandal wood into a more portable form in this case, is fulfilling the object of the law, and that it is immaterial whether that be done in the Friendly Islands, where the wood now is, or wherever by the way it can be better done. Consequently, that permission may be granted. I hope you will spare no pains or expense to bring the rascals of Passamaquoddy to justice, and if more force be necessary, agree on the subject with General Dearborne or Mr. Smith, as to any aid they can spare, and let it go without waiting to consult me. Let the successor to Sacket also be commissioned without waiting for my opinion, which will be yours. Should a pardon be granted to Russell, I generally but not invariably require a recommendation from the judges. I shall be ready to consider any propositions you may make for mitigating the embargo law of April 25th, but so only as not to defeat the object of the law. I shall be ready to make a distinction between provisions, timber, naval stores, and such things, as by the exaggerated prices they have got to in foreign markets, would enable infactors to pay all forfeitures and still make great profit, and cotton and such other articles as have not got to such prices. I am for going substantially to the object of the law, and no further; perhaps a little more earnestly because it is the first expedient, and it is of great importance to know its full effect.

I salute you with constant affection and respect.

TO THE SECRETARY AT WAR.

Monticello, May 20, 1808.

Dear Sir,—Yours of the 14th came to hand yesterday. I do not see that we can avoid agreeing to estimates made by worthy men of our own choice for the sites of fortifications, or that we could leave an important place undefended because too much is asked for the site. And therefore we must pay what the sites at Boston have been valued at. At the same time I do not know on what principles of reasoning it is that good men think the public ought to pay more for a thing than they would themselves if they wanted it. I salute you with affection and respect.

TO GENERAL BENJAMIN SMITH.

Monticello, May 20, 1808.

Sir,—I return you my thanks for the communication by your letter of April 19th, of the resolutions of the Grand Jury of Brunswick, approving of the embargo. Could the alternative of war or the embargo have been presented to the whole nation, as it occurred to their representatives, there could have been but the one opinion that it was better to take the chance of one year by the embargo, within which the orders and decrees producing it may be repealed, or peace take place in Europe, which may secure peace to us. How long the continuance of the embargo may be preferable to war, is a question we shall have to meet, if the decrees and orders and war continue. I am sorry that in some places, chiefly on our northern frontier, a disposition even to oppose the law by force has been manifested. In no country on earth is this so impracticable as in one where every man feels a vital interest in maintaining the authority of the laws, and instantly engages in it as in his own personal cause. Accordingly, we have experienced this spontaneous aid of our good citizens in the neighborhoods where there has been occasion, as I am persuaded we ever shall on such occasions. Through the body of our country generally our citizens appear heartily to approve and support the embargo. I am also to thank you for the communication of the Wilmington proceedings, and I add my salutations and assurances of great respect.

TO THE SECRETARY OF STATE.

Monticello, May 24, 1807.

Dear Sir;— * * * * * What has been already said on the subject of Casa Calvo, Yrujo, Miranda, is sufficient, and that these should be seriously brought up again argues extreme weakness in Cavallos, or a plan to keep things unsettled with us. But I think it would not be amiss to take him down from his high airs as to the right of the sovereign to hinder the upper inhabitants from the use of the Mobile, by observing, 1st, that we claim to be the sovereign, although we give time for discussion. But 2d, that the upper inhabitants of a navigable water have always a right of innocent passage along it. I think Cavallos will not probably be the minister when the letter arrives at Madrid, and that an eye to that circumstance may perhaps have some proper influence on the style of the letter, in which, if meant for himself, his hyperbolic airs might merit less respect. I think too that the truth as to Pike's mission might be so simply stated as to need no argument to show that (even during the suspension of our claims to the eastern border of the Rio Norte) his getting on it was mere error, which ought to have called for the setting him right, instead of forcing him through the interior country. [Sullivan's letter.] His view of things for some time past has been entirely distempered.

Cathcart's, Ridgeley's, Navour's, Degen's, Appleton's, Lee's, and Baker's letters, are all returned. I salute you with great affection and respect.

TO GENERAL DEARBORNE.

Monticello, May 25, 1808.

Dear Sir,—There is a subject on which I wished to speak with you before I left Washington; but an apt occasion did not occur. It is that of your continuance in office. Perhaps it is as well to submit my thoughts to you by letter. The present summer is too important in point of preparation, to leave your department unfilled, for any time, as I once thought might be done; and it would be with extreme reluctance that, so near the time of my own retirement, I should proceed to name any high officer, especially one who must be of the intimate councils of my successor, and who ought of course to be in his unreserved confidence. I think too it would make an honorable close of your term as well as mine, to leave our country in a state of substantial defence, which we found quite unprepared for it. Indeed, it would for me be a joyful annunciation to the next meeting of Congress, that the operations of defence are all complete. I know that New York must be an exception; but perhaps even that may be closed before the 4th of March, when you and I might both make our bow with approbation and satisfaction. Nor should I suppose that under present circumstances, anything interesting in your future office could make it important for you to repair to its immediate occupation. In February my successor will be declared, and may then, without reserve, say whom he would wish me to nominate to the Senate in your place. I submit these circumstances to your consideration, and wishing in all things to consult your interests, your fame and feelings, it will give me sincere joy to learn that you will "watch with me to the end." I salute you with great affection and respect.

TO MR. LIEPER.

Monticello, May 25, 1808.

Dear Sir,—I received your favor of April 22d a little before I was to leave Washington, much engaged with despatching the business rendered necessary by the acts of Congress just risen, and preparatory to a short visit to this place. Here again I have been engrossed with some attentions to my own affairs, after a long absence, added to the public business which presses on me here as at Washington. I mention these things to apologize for the long delay of an answer to the address of the Democratic republicans of Philadelphia, enclosed in your letter, and which has remained longer unanswered than I wished. I have been happy in my journey through the country to this place, to find the people unanimous in their preference of the embargo to war, and the great sacrifice they make, rendered a cheerful one from a sense of its necessity.

Whether the pressure on the throne from the suffering people of England, and of their Islands, the conviction of the dishonorable as well as dishonest character of their orders of council, the strength of their parliamentary opposition, and remarkable weakness of the defence of their ministry, will produce a repeal of these orders and cessation of our embargo, is yet to be seen. To nobody will a repeal be so welcome as to myself. Give us peace till our revenues are liberated from debt, and then, if war be necessary, it can be carried on without a new tax or loan, and during peace we may chequer our whole country with canals, roads, &c. This is the object to which all our endeavors should be directed. I salute you with great friendship and respect.

TO THE SECRETARY OF THE TREASURY.

Monticello, May 27, 1808.

Dear Sir,—I received yesterday yours of the 23d, and now return you Woolsey's and Astor's letters. I send you one also which I have received from a Mr. Thorne, on the evasions of the embargo on Lake Champlain. The conduct of some of our officers there, and of some excellent citizens, has been very meritorious, and I will thank you to express any degree of approbation you think proper, in my name, for Captain Mayo. Woolsey appears also to deserve assurances of approbation. If you think Thorne's suggestion of some militia at Point au Fer necessary and proper, be so good as to consult General Dearborne, who will give any order you and he approve. With respect to the coasting trade, my wish is only to carry into full effect the intentions of the embargo laws. I do not wish a single citizen in any of the States to be deprived of a meal of bread, but I set down the exercise of commerce, merely for profit, as nothing when it carries with it the danger of defeating the objects of the embargo. I have more faith, too, in the Governors. I cannot think that any one of them would wink at abuses of that law. Still, I like your circular of the 20th, and the idea there brought forward of confining the shipment to so small a proportion of the bond as may correspond with the exaggeration of price and foreign markets, and thus restrain the adventurer from gaining more than he would lose by dishonesty. Flour, by the latest accounts, I have observed, sold at about eight times its cost here, while the legal penalties are but about three prices—by restraining them to an eighth they will be balanced. But as prices rise must not our rules be varied? Had the practicability of this mode of restraint occurred before the recurrence to the Governors, I should have preferred it, because it is free from the objection of favoritism to which the Governors will be exposed, and if you find it work well in practice, we may find means to have the other course discontinued. Our course should be to sacrifice everything to secure the effect of the law, and nothing beyond that.

I enclose you an application of Neilson & Son, to which you will please to have given whatever answer is conformable to general rules. The petition of Gardner and others, masters of the Rhode Island packet ships, which I enclose you, does not specify the particular act required from us for their relief. If it be to declare that the open sea in front of their coast is a bay or a river, the matter of fact, as well as the law, renders that impossible. I really think it desirable to relieve their case, in any way which is lawful, because it is one, which though embraced by the words of the law, is not within its object. You mention that a principal method of evading the embargo is by loading secretly and going off without clearance. The naval department must aid us against this. As I shall leave this for Washington in about ten or twelve days, I now desire the post-office there to send no letters to this place after receiving this notice. All further matters relative to the embargo will therefore be answered verbally as soon as they could by letter. I salute you with great affection and respect.

TO MR. BOWDOIN.

Monticello, May 29, 1808.

Dear Sir,—I received the favor of your letter, written soon after your arrival, a little before I left Washington, and during a press of business preparatory to my departure on a short visit to this place; this has prevented my earlier congratulations to you on your safe return to your own country. There, judging from my own experience, you will enjoy much more of the tranquil happiness of life, than is to be found in the noisy scenes of the great cities of Europe. I am also aware that you had at Paris additional causes of disquietude; these seem inseparable from public life, and, indeed, are the greatest discouragements to entering into or continuing in it. Perhaps, however, they sweeten the hour of retirement, and secure us from all dangers of regret. On the subject of that disquietude, it is proper for me only to say that, however unfortunate the incident, I found in it no cause of dissatisfaction with yourself, nor of lessening the esteem I entertain for your virtues and talents; and, had it not been disagreeable to yourself, I should have been well pleased that you could have proceeded on your original destination.

While I thank you for the several letters received from you during your absence, I have to regret the miscarriage of some of those I wrote you. Not having my papers here, I cannot cite their dates by memory; but they shall be the subject of another letter on my return to Washington.

You find us on your return in a crisis of great difficulty. An embargo had, by the course of events, become the only peaceable card we had to play. Should neither peace, nor a revocation of the decrees and orders in Europe take place, the day cannot be distant when that will cease to be preferable to open hostility. Nothing just or temperate has been omitted on our part, to retard or to avoid this unprofitable alternative. Our situation will be the more singular, as we may have to choose between two enemies, who have both furnished cause of war. With one of them we could never come into contact; with the other great injuries may be mutually inflicted and received. Let us still hope to avoid, while we prepare to meet them.

Hoping you will find our cloudless skies and benign climate more favorable to your health than those of Europe, I pray you to accept my friendly salutations, and assurances of great esteem and consideration.

TO THE SECRETARY OF STATE.

Monticello, May 31, 1808.

Dear Sir,—I return you all the papers received from you by yesterday's mail, except Mr. Burnley's, which I shall send by the Secretary at War. Although all the appointments below field-officers are made, it is possible some may decline, and open a way for new competition. I have observed that Turreau's letters have for some time past changed their style unfavorably. I believe this is the first occasion he has had to complain of French deserters being enlisted by us, and if so, the tone of his application is improper. The answer to him, however, is obvious as to our laws and instructions, and the discharge, not delivery, of the men, for which purpose I presume you will write a line to the Secretary at War. Woodward's scruples are perplexing. And they are unfounded, because, on his own principle, if a law requires an oath to be administered, and does not say by whom, he admits it may be any judge; if, therefore, it names a person no longer in existence, it is as if it named nobody. On this construction all the territories have practised, and all the authorities of the national government,—even the Legislature. It was wrong on a second ground; no judge ever refusing to administer an oath in any useful case, although he may not consider it as strictly judicial. If it may be valid or useful, he administers "ut valeat quantum valer potest." But what is to be done? Would it not be well for you to send the case to the Attorney General, and get him to enclose his opinion to Governor Hull, who will use it with Judge Witherall, or some territorial judge or justice?

With the quarrel of Judge Vandeberg and his bar we cannot intermeddle. Mercer's querulous letter is an unreasonable one. How could his offer of service be acted on, but by putting it in the hands of those who were to act on all others?

I shall to-day direct the post-rider not to continue his route to this place after to-day, and to take your orders as to the time you would wish him to continue coming to you. I salute you with affectionate esteem and respect.

TO THE SECRETARY OF THE NAVY.

Washington, June 15, 1808.

Sir,—I have considered the letter of the director of the mint, stating the ease with which the errors of Commodore Truxton's medal may be corrected on the medal itself, and the unpracticability of doing it on the die. In my former letter to you on this subject, I observed that to make a new die would be a serious thing, requiring consideration. In fact, the first die having been made by authority of the Legislature, the medal struck, accepted, and acquiesced in for so many years, the powers given by that law are executed and at an end, and a second law would be requisite to make a second die or medal. But I presume it will be quite as agreeable to Commodore Truxton to have his medal corrected in one way as another, if done equally well, and it certainly may be as well or better done by the graver, and with more delicate traits. I remember it was the opinion of Doctor Franklin that where only one or a few medals were to be made, it was better to have them engraved.

The medal being corrected, the die becomes immaterial. That has never been delivered to the party, the medal itself being the only thing voted to him. I say this on certain grounds, because I think this and Preble's are the only medals given by the United States which have not been made under my immediate direction. The dies of all those given by the old Congress, and made at Paris, remain to this day deposited with our bankers at Paris. That of General Lee, made in Philadelphia, was retained in the mint. I mention this not as of consequence whether the die be given or retained, but to show that there can be no claim of the party to it, or consequently to its correction. I think, therefore, the medal itself should be corrected by Mr. Reich; that this is as far as we can stretch our authority, and I hope it will be satisfactory to the Commodore. I salute you with constant affection and respect.

TO SHELTON GILLIAM, ESQ.

Washington, June 19, 1808.

Sir,—Your favor of the 4th was received on my return to this place, and the proposition of your correspondent on the subject of fortification was referred to the Secretary at War, where office and qualifications make him the proper judge of it. I enclose you his answer. The same prudence which in private life would forbid our paying our own money for unexplained projects, forbids it in the dispensation of the public moneys. It is not enough that an individual and an unknown one says and even thinks he has made a discovery of the magnitude announced on this occasion. Not only explanation, but the actual experiment must be required before we can cease to doubt whether the inventor is not deceived by some false or imperfect view of his subject. Still your patriotic attention to bring such a proposition under our notice, that it might be applied to the public good, if susceptible of it, is praiseworthy, and I return you thanks for it with the assurances of my esteem and respect.

TO CHRISTOPHER COLLES.

Washington, June 19, 1808.

Sir,—I thank you for the pamphlet containing your ideas on the subject of canals constructed of wood; but it is not in my power to give any definite opinion of its national importance. If there exists a cement which used as a lining for cisterns and aqueducts, renders them impermeable to water, (and it is affirmed that in France they are in the possession and use of such an one,) then it becomes the common question whether constructions of wood, brick, or rough stone are cheapest in the end? A question on which every man possesses materials for forming his judgment. I suspect it is the supposed necessity of using hewn stone in works of this kind which has had the greatest effect in discouraging their being undertaken. I tender you my salutations and respects.

TO JAMES PEMBERTON.

Washington, June 21, 1808.

Sir,—Your favor of May 30th was delivered me on my return to this place, and I now enclose the prospectus of Clarkson's history with my subscription to it. I have perused with great satisfaction the Report of the Committee for the African institution. The sentiments it breathes are worthy of the eminent characters who compose the institution, as are also the generous cares they propose to undertake. I wish they may begin their work at the right end. Our experience with the Indians has proved that letters are not the first, but the last step in the progression from barbarism to civilization. Our Indian neighbors will occupy all the attentions we may spare, towards the improvement of their condition. The four great Southern tribes are advancing hopefully. The foremost are the Cherokees, the upper settlements of whom have made to me a formal application to be received into the Union as citizens of the United States, and to be governed by our laws. If we can form for them a simple and acceptable plan of advancing by degrees to a maturity for receiving our laws, the example will have a powerful effect towards stimulating the other tribes in the same progression, and will cheer the gloomy views which have overspread their minds as to their own future history. I salute you with friendship and great respect.

TO MR. FRANKLIN.

Washington, June 22d, 1808.

Thomas Jefferson returns his thanks to Mr. Franklin for the address to the Society of Friends which he was so kind as to send him. The appeal both to facts and principles is strong, and their consistency will require an able advocate. Conscious that the present administration has been essentially pacific, and that in all questions of importance it has been governed by the identical principles professed by that Society, it has been quite at a loss to conjecture the unknown cause of the opposition of the greater part, and bare neutrality of the rest. The hope however that prejudices would at length give way to facts, has never been entirely extinguished, and still may be realized in favor of another administration.

TO DOCTOR LEIB.

Washington, June 23, 1808.

Sir,—I have duly received your favor covering a copy of the talk to the Tammany society, for which I thank you, and particularly for the favorable sentiments expressed towards myself. Certainly, nothing will so much sweeten the tranquillity and comfort of retirement, as the knowledge that I carry with me the good will and approbation of my republican fellow citizens, and especially of the individuals in unison with whom I have so long acted. With respect to the federalists, I believe we think alike; for when speaking of them, we never mean to include a worthy portion of our fellow citizens, who consider themselves as in duty bound to support the constituted authorities of every branch, and to reserve their opposition to the period of election. These having acquired the appellation of federalists, while a federal administration was in place, have not cared about throwing off their name, but adhering to their principle, are the supporters of the present order of things. The other branch of the federalists, those who are so in principle as well as in name, disapprove of the republican principles and features of our Constitution, and would, I believe, welcome any public calamity (war with England excepted) which might lessen the confidence of our country in those principles and forms. I have generally considered them rather as subjects for a mad-house. But they are now playing a game of the most mischievous tendency, without perhaps being themselves aware of it. They are endeavoring to convince England that we suffer more by the embargo than they do, and if they will but hold out awhile, we must abandon it. It is true, the time will come when we must abandon it. But if this is before the repeal of the orders of council, we must abandon it only for a state of war. The day is not distant, when that will be preferable to a longer continuance of the embargo. But we can never remove that, and let our vessels go out and be taken under these orders, without making reprisal. Yet this is the very state of things which these federal monarchists are endeavoring to bring about; and in this it is but too possible they may succeed. But the fact is, that if we have war with England, it will be solely produced by their manœuvres. I think that in two or three months we shall know what will be the issue.

I salute you with esteem and respect.

TO GENERAL WILKINSON.

June 24, 1808.

Thomas Jefferson presents his compliments to General Wilkinson, and in answer to his letters of yesterday observes that during the course of the Burr conspiracy, the voluminous communications he received were generally read but once and then committed to the Attorney General, and were never returned to him. It is not in his power, therefore, to say that General Wilkinson did or did not denounce eminent persons to him, and still less who they were. It was unavoidable that he should from time to time mention persons known or supposed to be accomplices of Burr, and it is recollected that some of these suspicions were corrected afterwards on better information. Whether the undefined term denunciation goes to cases of this kind or not Thomas Jefferson does not know, nor could he now name from recollection the persons suspected at different times. He salutes General Wilkinson respectfully.

TO COLONEL D. C. BRENT.

June 24, 1808.

Dear Sir,—The information given to me by Mrs. Paradise of letters to me from her grandsons, is without foundation. I have not for many years heard a tittle respecting the family at Venice. Should any information respecting them come to me I will certainly communicate it to Mrs. Paradise.

That the embargo is approved by the body of republicans through the Union, cannot be doubted. It is equally known that a great proportion of the federalists approve of it; but as they think it an engine which may be used advantageously against the republican system, they countenance the clamors against it. I salute you with great friendship and respect.

TO MR. GALLATIN.

July 4, 1808.

General Turreau's application for two vessels to carry French subjects to France, must, I think, be granted, because under present circumstances we ought not on slight grounds to dissatisfy either belligerent. The vessels may be back before winter, and their only danger will be of stoppage by the English, who, however, have no right but to take out the French subjects.

At the same time, I think it would be well to say to General Turreau that we reluctantly let our seamen be exposed to capture, or perhaps to a voluntary engagement with one of the belligerents: that we rely, therefore, on his so proportioning the vessels to the number of passengers as merely to give them a reasonable accommodation. It would be well, too, that he should inform us after their departure, of the number of persons sent in them.

Affectionate salutes.

TO HIS EXCELLENCY GOVERNOR CLAIBORNE.

Washington, July 9, 1808.

Sir,—I have lately seen a printed report of the committee of the Canal company of New Orleans, stating the progress and prospects of their enterprize. In this the United States feel a strong interest, inasmuch as it will so much facilitate the passage of our armed vessels out of the one water into the other. For this purpose, however, there must be at least five and a half feet water through the whole line of communication from the lake to the river. In some conversations with Mr. Clark on this subject the winter before last, there was a mutual understanding that the company would complete the canal, and the United States would make the locks. This we are still disposed to do; and so anxious are we to get this means of defence completed, that to hasten it we would contribute any other encouragement within the limits of our authority which might produce this effect. If, for instance, the completion of it within one year could be insured by our contributing such a sum as one or two thousand dollars a month to the amount of twenty thousand dollars, in the whole, we might do it, requiring as a consideration for our justification that the vessels of the United States should always pass toll-free. The object of this letter is to sound the principal members, without letting them know you do it by instruction from us, and to find out what moderate and reasonable aid on our part would be necessary to get a speedy conclusion of the work, and in what form that aid would be most useful, and to be so good as to communicate it to me as soon as the knowledge is obtained by yourself. I should be glad to learn, at the same time, what is the perpendicular height of the top of the levee above the surface of the water in the Mississippi in its lowest state. Five and a half feet below this would be indispensable for our purposes. I salute you with great esteem and respect.

TO THE SECRETARY OF THE TREASURY.

July 12, 1808.

1. (Peyton Skipwith's letter.) I approve of the proposition to authorize the collector of St. Mary's or Savannah to permit vessels to bring to St. Mary's such supplies as in his opinion are really wanted for the individuals applying, and where he has entire confidence no fraud will be committed. But the vessels should be reasonably proportioned to the cargo. Should this be extended to Passamaquoddy?

2. (The cases of detention by Gelston and Turner.) The Legislature finding that no general rules could be formed which would not be evaded by avarice and roguery, finally authorized the collector, if there were still circumstances of suspicion, to detain the vessel. Wherever, therefore, the collector is impressed with suspicion, from a view of all circumstances, which are often indescribable, I think it proper to confirm his detention. It would be only where, from his own showing, or other good information, prejudice or false views biassed his judgment, that I should be disposed to countermand his detention.

3. The declaration of the bakers of New York, that their citizens will be dissatisfied, under the present circumstances of their country, to eat bread of the flour of their own State, is equally a libel on the produce and citizens of the State. The citizens have certainly a right to speak for themselves on such occasions, and when they do we shall be able to judge whether their numbers or characters are such as to be entitled to a sacrifice of the embargo law. If this prevails, the next application will be for vessels to go to New York for the pippins of that State, because they are higher flavored than the same species of apples growing in other States.

4. We should by all means appoint a new collector at Sackett's Harbor. If the Governor knows nobody there who can be depended on, can he not find some faithful man in the city or country who would consider the emoluments acceptable, such as they are?

5. The seizure by Mr. Illsley not being under the embargo law, will take its course. With respect to the aid of gun-boats, desired by him and Mr. Holmes of Sunbury, or any military aid, that can always be settled directly between Mr. Gallatin and the Secretaries of the Navy or War. Both those gentlemen know our extreme anxiety to give a full effect to the important experiment of the embargo, at any expense within the bounds of reason, and will, on the application of Mr. Gallatin, yield the aid of their departments without waiting the delay of consulting me.

I have gone a little into the grounds of these opinions, in order that there being a mutual understanding on these subjects, Mr. Gallatin during the time of our separation may decide on the cases occurring, without the delay of consulting me at such a distance. My principle is that the conveniences of our citizens shall yield reasonably, and their taste greatly to the importance of giving the present experiment so fair a trial that on future occasions our legislators may know with certainty how far they may count on it as an engine for national purposes.

TO M. DE LA CAPEDE.

Washington, July 14, 1808.

Sir,—If my recollection does not deceive me, the collection of the 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.