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 8)

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 I am satisfied with you that if orders and decrees are not repealed, and a continuance of the embargo is preferred to war, (which sentiment is universal here), Congress must legalize all means which may be necessary to obtain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.

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.

Sir,—Your letter of September the 22d waited here for my return, and it is not till now that I have been able to acknowledge it. The explanation of his principles given you by the French Emperor, in conversation, is correct as far as it goes. He does not wish us to go to war with England, knowing we have no ships to carry on that war. To submit to pay to England the tribute on our commerce which she demands by her orders of council, would be to aid her in the war against him, and would give him just ground to declare war with us. He concludes, therefore, as every rational man must, that the embargo, the only remaining alternative, was a wise measure. These are acknowledged principles, and should circumstances arise which may offer advantage to our country in making them public, we shall avail ourselves of them. But as it is not usual nor agreeable to governments to bring their conversations before the public, I think it would be well to consider this on your part as confidential, leaving to the government to retain or make it public, as the general good may require. Had the Emperor gone further, and said that he condemned our vessels going voluntarily into his ports in breach of his municipal laws, we might have admitted it rigorously legal, though not friendly. But his condemnation of vessels taken on the high seas, by his privateers, and carried involuntarily into his ports, is justifiable by no law, is piracy, and this is the wrong we complain of against him.

Supposing that you may be still at Clermont, from whence your letter is dated, I avail myself of this circumstance to request your presenting my friendly respects to Chancellor Livingston. I salute you with esteem and respect.

TO MR. GALLATIN.

Washington, October 16, 1808.

* * * * * * * *

Massey's Commission.—A half-sighted lawyer might, perhaps, say that a commission signed with a blank for the name,—afterwards filled up, was a nullity, because, in legal instruments, any change in a material part of a bond, deed, &c., after sealing and delivery, nullifies it. But I am not certain whether there are not cases, even in ordinary transactions at law, where it is otherwise,—e. g., a power of attorney sent to a distance, with a blank for the name, a blank commission, a blank subpœna, &c. But in matters of government, there can be no question but that the commission sealed and signed, with a blank for the name, date, place, &c., is good; because government can in no country be carried on without it. The most vital proceedings of our own government would become null were such a construction to prevail, and the argumentum ab inconvenienti, which is one of the great foundations of the law, will undoubtedly sustain the practice, and sanction it by the maxim "qui facit per alterum, facit per se." I would not therefore give the countenance of the government to so impracticable a construction by issuing a new commission. Affectionate salutations.

TO GEORGE BLAKE, ESQ.

Washington, October 17, 1808.

Sir,—However favorably the enclosed papers represent the case of Alexander Frost, yet it would be against every rule of prudence for me to undertake to revise the verdict of a jury on ex parte affidavits and recommendations. If the judges and yourself who were present at the trial think the defendant a proper object of pardon, I shall be ready, on such a recommendation, to issue it. I ask the favor of your information on this subject, and salute you with esteem and respect.

TO MR. GALLATIN.

October 18, 1808.

I think that none of the circumstances, preceding the passage of the embargo law, stated by Mr. Lorent, make any part of his case. The misfortunes entering into the preceding history of that property, not flowing from any act of this government, authorizes no claims on it. The embargo law excepted from its own operation articles then laden on board a foreign ship, without distinguishing between articles of foreign or national property. It subjected to its operation all articles, whether foreign or national property, not then laden on board any foreign ship. Mr. Lorent's property was not then laden on board of any foreign ship, is therefore within the words of the law, and as certainly within its purview. It is not one of those cases which, though within the words of the law, were notoriously not within its intention, and are therefore relievable by an equitable exercise of discretionary power. Affectionate salutations.

TO MR. SMITH.

October 19, 1808.

I enclose you a petition of the widow Bennet for the liberation of her son at Boston, a minor, or for a moiety of three months' pay, to enable her to go to another son. I think when her case was formerly before us, she was said to be a woman of ill fame, and that her son did not wish to return to her. Still, however, the mother, if there be no father, is the natural guardian, and is legally entitled to the custody and the earnings of her son. If she were to make her demand legally for both or either, she would prevail. May it not be for the benefit of the son and of the service, to compromise by paying the sixteen dollars, and taking a regular relinquishment or transfer of her rights to the body of her son, and his earnings in future, so that we may have no more to do with her. This is referred to Mr. Smith's consideration. Affectionate salutations.

TO MR. GALLATIN.

October 19, 1808.

Is the case proposed by Mr. Wolcott left by the law at the discretion of anybody? The law makes it the duty of the Collector to detain if he suspects an intention to export to a foreign market, à fortiori if that intention be avowed. It is true that the first step proposed is only to go to another district, but declared to be preparatory to an exportation to the West Indies. It is true also that they say they do not mean to export until the law is repealed. But ought we under that cover to facilitate those illegal views which our experience has proved to be so general? Still, if there be any sound ground on which the permission can be given, I would rather make it the subject of consultation with you, than to have the present understood to be a final decision. Affectionate salutations.

TO MR. JAMES MAIN.

Washington, October 19, 1808.

Sir,—Your favor of the 10th has been duly received. Certainly I would with great pleasure contribute anything in my power to render the history you propose to write a faithful account of the period it will comprehend. Nothing is so desirable to me, as that after mankind shall have been abused by such gross falsehoods as to events while passing, their minds should at length be set to rights by genuine truth. And I can conscientiously declare that as to myself, I wish that not only no act but no thought of mine should be unknown. But, Sir, my other and more imperious duties put it out of my power. So totally is my time engrossed by the public concerns, that for mere want of time, many of them which I ought to attend to myself, if my time sufficed, I am obliged, for want of it, to refer to others. To withdraw myself from still more of them for any voluntary object would be a failure in duty. If you shall think proper, as you say, to commit to me the perusal of the manuscript before it goes to the press, I shall then probably be in a private station, and master of my own time, and I will carefully examine, and faithfully offer any corrections or supplements which I may think will render it a true representation of events. I salute you with esteem and respect.

TO CAPTAIN GROVE.

Washington, October 19, 1808.

Sir,—Your two letters of the 11th inst. have been received, and I am obliged to observe that so wholly do the indispensable duties of my office engross my whole time, that I could not give a deliberate reading to two letters so voluminous as these, and not relating to my particular functions, without withdrawing time from objects having stricter claims on me. I have run over them hastily, and perceive that you are still engaged in the pursuit of the method of finding the longitude at sea by an observation of Jupiter and his satellites, brought to the horizon by a double reflection, as in Hadley's quadrant. That you have written a play to raise funds for prosecuting this, and wish me to circulate a subscription for it and print your letters. I will willingly subscribe myself for a number of copies to help you, but I have never permitted myself to be the circulator of any subscription, or to have agency in printing anything, conceiving it improper in my present office. And however wishful of your success in raising funds, I confess I should think them better applied to the comfort of your family. After so many better opinions it may be superfluous to offer mine. Yet justified by my friendly motives in doing so, I will observe, that to get the longitude at sea by observation of the eclipses of Jupiter's satellites, two desiderata are wanting: 1st, a practicable way of keeping the planet and satellite in the field of a glass magnifying sufficiently to show the satellites; 2d, a time-piece which will give the instant of time with sufficient accuracy to be useful. The bringing the planet and satellite to the horizon does not sensibly facilitate the observation, because the planet in his ascending and descending course is at such heights as admit the direct observation with entire convenience. On the other hand, so much light is lost by the double reflection as to dim the objects and lessen the precision with which the moment of ingress and egress may be marked. This double reflection also introduces a new source of error from the inaccuracy of the instrument; 2d, the desideratum of a time-piece which, notwithstanding the motion of the ship, shall keep time during a whole voyage with sufficient accuracy for these observations, has not yet been supplied. Fine time-keepers have been invented, but not equal to what is requisite, all of them deriving their motion from a spring, and not from a pendulum. Indeed these pursuits have lost much of their consequence since the improvement of the lunar tables has given the motion of the moon so accurately, as to make that a foundation for estimating the longitude by her relative position at a given moment with the sun or fixed stars. Every captain of a ship now understands the method of taking these lunar observations, and of calculating his longitude by them.

I have gone into these details with the most friendly view of dissuading you from wasting time, which you represent as so much needed for your family, in a pursuit which has baffled every human endeavor as yet, and has lost so much of its importance. I return you your letters, because you wish to have them published, and conclude with my best wishes for the success of your endeavors to raise the funds you desire, and for the application of them which shall be best for yourself and your family.

TO MR. GALLATIN.

October 21, 1808.

The case of the Martinique Petitioners.

I think it wrong to detain foreigners caught here by the embargo; but in permitting them to take our vessels to return in, we do what is a matter of favor, not of right. Of course we can restrict them to a tonnage proportioned to their numbers. In the transport service I believe the allowance is two tons to every person. We may allow a little more room; but there ought to be an end to this, and I think it high time to put an end to it. What would you think of advertising that after a certain day, no American vessel will be permitted to go out for the purpose of carrying persons. Perhaps this should be communicated by the Secretary of State to the foreign ministers.

* * * * * * * *

Fronda states that a proprietor of Amelia Island, in Florida, shipped his crop for a foreign port on board an American vessel. The vessel was taken by the Argus, carried into Savannah, and condemned for a breach of the embargo laws; the cargo pronounced clear. Probably the vessel had left our harbors without a clearance, though that is not stated, nor the cause of her condemnation specified. Permission is asked to send away the cargo. If the Spanish proprietor had no agency in drawing the vessel away contrary to the embargo laws, his employment of her was innocent, and he ought to be permitted to send his cargo out; because for us to take his property and bring it in by force, and against his will, and then to detain it under pretext of an embargo, would be equivalent to piracy or war. A vessel driven involuntarily into a port by weather, or an enemy, with prohibited goods, is always allowed to depart, and even to sell as much of the goods as will make the vessel sea-worthy, if disabled. I do not know, however, that in the present case we are bound to do any more than let one of our vessels be engaged to replace the cargo in Amelia Island, and certainly we ought not to let it go to any distant port; but if the proprietor enticed or engaged the vessel to break the embargo law, he was particeps criminis, and must submit to the loss which he has brought on himself. I send you Fronda's note, which should be returned to Mr. Madison, with information of the order you shall give for inquiring into the facts, and permission or refusal as they shall turn out. Affectionate salutations.

TO THOMAS COOPER, ESQ.

Washington, October 27, 1808.

Dear Sir,—When I received your letter of the 16th, I thought I had not a copy of my report on measures, weights, and coins, except one bound up in a volume with other reports; but on carefully searching a bundle of duplicates, I found the one I now enclose you, being the only detached one I possess. It is defective in one article. The report was composed under a severe attack of periodical headache, which came on every day at sunrise, and never left me till sunset. What had been ruminated in the day under a paroxysm of the most excruciating pain, was committed to paper by candlelight, and then the calculations were made. After delivering in the report, it was discovered that in calculating the money unit § 5 page 49, there was a small error in the third or fourth column of decimals, the correction of which however brought the proposed unit still nearer to the established one. I reported the correction in a single leaf to Congress. The copy I send you has not that leaf.

The first question to be decided is between those who are for units of measures, weights, and coins, having, a known relation to something in nature of fixed dimension, and those who are for an arbitrary standard. On this "dice vexata quaestio" it is useless to say a word, every one having made up his mind on a view of all that can be said. Mr. Dorsey was so kind as to send me his pamphlet, by which I found he was for the arbitrary standard of one-third of the standard yard of H. G. of England, supposed to be in the Exchequer of that nation, a fac simile of which was to be procured and lodged in Philadelphia. I confess myself to be of the other sect, and to prefer an unit bearing a given relation to some fixed subject of nature, and of preference to the pendulum, because it may be in the possession of every man, so that he may verify his measures for himself. You will observe that I proposed alternative plans to Congress, that they might take the one or the other, according to the degree of courage they felt. The first is from page 18 to 38; the second from page 39 to 44. Were I now to decide, it would be in favor of the first, with this single addition, that each of the denominations there adopted, should be divisible decimally at the will of every individual. The iron-founder deals in tons; let him take the ton for his unit, and divide it into 10ths, 100ths, and 1000ths. The dry-goods merchant deals in pounds and yards; let him divide them decimally. The land-measurer deals in miles and poles; divide them decimally, only noting over his figures what the unit is, thus:

Tons. Lbs. Yds. Miles.

18.943, 18.943, 1.8943, 189.43, &c.

I have lately had a proof how familiar this division into dimes, cents, and mills, is to the people when transferred from their money to anything else. I have an odometer fixed to my carriage, which gives the distances in miles, dimes, and cents. The people on the road inquire with curiosity what exact distance I have found from such a place to such a place; I answer, so many miles, so many cents. I find they universally and at once form a perfect idea of the relation of the cent to the mile as an unit. They would do the same as to yards of cloth, pounds of shot, ounces of silver, or of medicine. I believe, therefore, they are susceptible of this degree of approximation to a standard rigorously philosophical; beyond this I might doubt. However, on this too every one has an opinion, and I am open to compromise, as I am also to other plans of reformation, of which multitudes have been published. I can conclude, therefore, candidly with the "si quid novisti rectius," &c., and sincerely with assurances of my constant esteem and respect.

TO DOCTOR JAMES BROWN.

Washington, October 27, 1808.

Dear Sir,—You will wonder that your letter of June the 3d should not be acknowledged till this date. I never received it till September the 12th, and coming soon after to this place, the accumulation of business I found here has prevented my taking it up till now. That you ever participated in any plan for a division of the Union, I never for one moment believed. I knew your Americanism too well. But as the enterprise against Mexico was of a very different character, I had supposed what I heard on that subject to be possible. You disavow it; that is enough for me, and I forever dismiss the idea. I wish it were possible to extend my belief of innocence to a very different description of men in New Orleans; but I think there is sufficient evidence of there being there a set of foreign adventurers, and native malcontents, who would concur in any enterprise to separate that country from this. I did wish to see these people get what they deserved; and under the maxim of the law itself, that inter arma silent leges, that in an encampment expecting daily attack from a powerful enemy, self-preservation is paramount to all law, I expected that instead of invoking the forms of the law to cover traitors, all good citizens would have concurred in securing them. Should we have ever gained our Revolution, if we had bound our hands by manacles of the law, not only in the beginning, but in any part of the revolutionary conflict? There are extreme cases where the laws become inadequate even to their own preservation, and where the universal resource is a dictator, or martial law. Was New Orleans in that situation? Although we knew here that the force destined against it was suppressed on the Ohio, yet we supposed this unknown at New Orleans at the time that Burr's accomplices were calling in the aid of the law to enable them to perpetrate its suppression, and that it was reasonable, according to the state of information there, to act on the expectation of a daily attack. Of this you are the best judge.

Burr is in London, and is giving out to his friends that that government offers him two millions of dollars the moment he can raise an ensign of rebellion as big as a handkerchief. Some of his partisans will believe this, because they wish it. But those who know him best will not believe it the more because he says it. For myself, even in his most flattering periods of the conspiracy, I never entertained one moment's fear. My long and intimate knowledge of my countrymen, satisfied and satisfies me, that let there ever be occasion to display the banners of the law, and the world will see how few and pitiful are those who shall array themselves in opposition. I as little fear foreign invasion. I have indeed thought it a duty to be prepared to meet even the most powerful, that of a Bonaparte, for instance, by the only means competent, that of a classification of the militia, and placing the junior classes at the public disposal; but the lesson he receives in Spain extirpates all apprehensions from my mind. If in a peninsula, the neck of which is adjacent to him and at his command, where he can march any army without the possibility of interception or obstruction from any foreign power, he finds it necessary to begin with an army of three hundred thousand men, to subdue a nation of five millions, brutalized by ignorance, and enervated by long peace, and should find constant reinforcements of thousands after thousands, necessary to effect at last a conquest as doubtful as deprecated, what numbers would be necessary against eight millions of free Americans, spread over such an extent of country as would wear him down by mere marching, by want of food, autumnal diseases, &c.? How would they be brought, and how reinforced across an ocean of three thousand miles, in possession of a bitter enemy, whose peace, like the repose of a dog, is never more than momentary? And for what? For nothing but hard blows. If the Orleanese Creoles would but contemplate these truths, they would cling to the American Union, soul and body, as their first affection, and we should be as safe there as we are everywhere else. I have no doubt of their attachment to us in preference of the English.

I salute you with sincere affection and respect.

TO ——.

Washington, October 28, 1808.

Sir,—I thank you for the copy of General Kosciusko's treatise on the flying artillery. It is a branch of the military art which I wish extremely to see understood here, to the height of the European level. Your letter of September 20th was received in due time. I never received the letter said to have been written to me by Mr. Malesherbe, in favor of Mr. Masson. The fact of such a letter having been written by Mr. Malesherbe, is sufficient ground for my desiring to be useful to Mr. Masson on any occasion which may arise. No man's recommendation merits more reliance than that of M. de Malesherbe. The state and interest of the military academy shall not be forgotten. I salute you with esteem and respect.

TO GOVERNOR CLAIBORNE.

Washington, October 29, 1808.

Sir,—I send the enclosed letter under the benefit of your cover, and open, because I wish you to know its contents. I thought the person to whom it is addressed a very good man when here,—he is certainly a very learned and able one. I thought him peculiarly qualified to be useful with you. But in the present state of my information, I can say no more than I have to him. When you shall have read the letter, be so good as to stick a wafer in it, and not let it be delivered till it is dry, that he may not know that any one but himself sees it. The Spanish paper you enclosed me is an atrocious one. I see it has been republished in the Havanna. The truth is that the patriots of Spain have no warmer friends than the administration of the United States, but it is our duty to say nothing and to do nothing for or against either. If they succeed, we shall be well satisfied to see Cuba and Mexico remain in their present dependence; but very unwilling to see them in that of either France or England, politically or commercially. We consider their interests and ours as the same, and that the object of both must be to exclude all European influence from this hemisphere. We wish to avoid the necessity of going to war, till our revenue shall be entirely liberated from debt. Then it will suffice for war, without creating new debt or taxes. These are sentiments which I would wish you to express to any proper characters of either of these two countries, and particularly that we have nothing more at heart than their friendship. I salute you with great esteem and respect.

TO MR. GALLATIN.

November 3, 1808.

A press of business here prevented my sooner taking up the three bundles of papers now returned; and even now I judge of them from the brief you have been so good as to make so fully. This is an immense relief to me.

The Warbash Saline.

I think the applications from Nashville, &c., for a share of the salt had better not be complied with. I suspect we did wrong in yielding a similar privilege to Kentucky. There would be no end to the details of the partitionary plan, and it will only shift the gains into other hands, adding the unavoidable inequalities of distribution. Better leave the distribution to its former and ordinary course, and the benefits will taper off from the centre till lost by distance.

Indiana Lead Mines.

I think it would be well to authorize Governor Harrison to lease them to the present applicants,—the former ones declining.