Thomas Jefferson
Jefferson, Thomas
Aug: 7, 04
Monticello
James Madison
Madison, James

TO THE SECRETARY OF STATE (JAMES MADISON.)

j. mss.
Dear Sir,

—Yours of the 4th came to hand last night I now return you the letters of Livingston, Bourne, Lee, Lynch, Villandry Mr. King. Stewart’s is retained for communication with the P. M. Genl. I send also for your perusal a letter of a Mr Farquhar of Malta. Mr. Livingston’s letters (two short ones excepted) being all press copies very bad ones, I can make nothing distinct of them. When manuscript copies are received I shall be glad to read them. The conduct of the commissioners at Paris merits examination. But what Mr. Livingston means by delays on our part in the execution of the Convention is perfectly incomprehensible. I do not know that a single day was unnecessarily lost on our part. In order however to lessen the causes of appeal to the Convention, I sincerely wish that Congress at the next session may give to the Orleans territory a legislature to be chosen by the people, as this will be advancing them quite as fast as the rules of our government will admit; and the evils which may arise from the irregularities which such a legislature may run into, will not be so serious as leaving them the pretext of calling in a foreign umpire between them us. The answer to Mr. Villandry should certainly be what you mention, that the objects of his application are only within the competence of Congress, to whom they must apply by petition, if they chuse it. Perhaps it would be but kind candid to add that as there has been no example of such measures taken by Congress as they ask, they should consider whether it would not be wise in them to act for themselves as they would do were no such measures expected. I expect daily to receive answers from the principal officers for the Orleans government. These received, I will proceed to make out the whole arrangement, and inclose it to you, asking your counsel on it without delay. It will not be practicable to submit it to the other members, but I have so often conversed with them on the subject as to possess their sentiments. As we count on the favor of a family visit could you accommodate that in point of time so as that we might be together at making out the final list? Affectionate salutations assurances of friendship.

Thomas Jefferson
Jefferson, Thomas
Aug 15, 04
Monticello
James Madison
Madison, James

TO THE SECRETARY OF STATE (JAMES MADISON)

j. mss.
Dear Sir,

—Your letter dated the 7th should probably have been of the 14th, as I received it only by that day’s post. I return you Monroe’s letter, which is of an awful complexion; and I do not wonder the communication it contains made some impression on him. To a person placed in Europe, surrounded by the immense resources of the nations there, and the greater wickedness of their courts, even the limits which nature imposes on their enterprises are scarcely sensible. It is impossible that France and England should combine for any purpose; their mutual distrust and deadly hatred of each other admit no co-operation. It is impossible that England should be willing to see France re-possess Louisiana, or get footing on our continent, and that France should willingly see the U S re-annexed to the British dominions. That the Bourbons should be replaced on their throne and agree to any terms of restitution, is possible; but that they and England joined, could recover us to British dominion, is impossible. If these things are not so, then human reason is of no aid in conjecturing the conduct of nations. Still, however, it is our unquestionable interest duty to conduct ourselves with such sincere friendship impartiality towards both nations, as that each may see unequivocally, what is unquestionably true, that we may be very possibly driven into her scale by unjust conduct in the other. I am so much impressed with the expediency of putting a termination to the right of France to patronize the rights of Louisiana, which will cease with their complete adoption as citizens of the U S, that I hope to see that take place on the meeting of Congress. I enclosed you a paragraph from a newspaper respecting Saint Domingo, which gives me uneasiness. Still I conceive the British insults in our harbor as more threatening. We cannot be respected by France as a neutral nation, nor by the world ourselves as an independent one, if we do not take effectual measures to support, at every risk, our authority in our own harbors. I shall write to Mr. Wagner directly (that a post may not be lost by passing thro you) to send us blank commissions for Orleans Louisiana, ready sealed, to be filled up, signed and forwarded by us. Affectionate salutations constant esteem.

Thomas Jefferson
Jefferson, Thomas
Aug. 16, 04
Monticello
John Page
Page, John

TO JOHN PAGE

j. mss.
Dear Sir,

—I inclose for your perusal a letter from Dr. Rush, asking the favor of you to return it. On the question whether the yellow fever is infectious, or endemic, the medical faculty is divided into parties, and it certainly is not the office of the public functionaries to denounce either party as the Doctr. proposes. Yet, so far as they are called on to act, they must form for themselves an opinion to act on. In the early history of the disease, I did suppose it to be infectious. Not reading any of the party papers on either side, I continued in this supposition until the fever at Alexandria brought facts under my own eye, as it were, proving it could not be communicated but in a local atmosphere, pretty exactly circumscribed. With the composition of this atmosphere we are unacquainted. We know only that it is generated near the water side, in close built cities, under warm climates. According to the rules of philosophizing when one sufficient cause for an effect is known, it is not within the economy of nature to employ two. If local atmosphere suffices to produce the fever, miasmata from a human subject are not necessary and probably do not enter into the cause. Still it is not within my province to decide the question; but as it may be within yours to require the performance of quarantine or not, I execute a private duty in submitting Doctr. Rush’s letter to your consideration. But on this subject “nil mihi rescribas, et tamen ipsi veni.” Accept for yourself Mrs. Page affectionate respectful salutations.

Thomas Jefferson
Jefferson, Thomas
Aug. 23, 04
Monticello
Albert Gallatin
Gallatin, Albert

TO THE SECRETARY OF THE TREASURY (ALBERT GALLATIN)

j. mss.
Dear Sir,

—Your’s of the 16th was received on the 21st. Dickerson’s delay of proceeding to N. Orleans will give us time. If Pinckney accepts the office of judge, Robert Williams might be the attorney; if Pinckney does not accept, or does not arrive in time (and a few days only must now decide the latter point) Williams must be the judge. Hill accepts as district judge. With respect to Neufville I am not satisfied with Freneau’s recommendation especially as he sais nothing of his Politics. His situation would naturally bias a man of feeling to speak favorably of him. I have therefore written to Mr. Wagner for a blank commission which I will inclose blank to Freneau, desiring him to fill it up for Doyley if he will accept of it; if not, then with whatever name he thinks best, having regard to moral political character standing in society. I have no fear to trust to his fidelity secrecy. I shall immediately direct a commission for Mr. Travis: shall forward to Mr. Nicholas the new recommendations for Hampton for his advice. Accept affectionate salutations.

Thomas Jefferson
Jefferson, Thomas
Aug. 28, 04
Monticello
Robert Smith
Smith, Robert

TO THE SECRETARY OF THE NAVY (ROBERT SMITH)

j. mss.
Dear Sir,

—I inclose you a letter and other papers which I received from Capt. Truxtun by the last post. The malice and falsehood so habitual in Federal zealots had prepared me against surprise at the insinuations of this officer against you myself. But what was his view in inclosing the letter to me? Was it to give greater point to his disrespect? Or did he imagine I should make him overtures to prevent his publication? I would rather he would publish than not; for while his writings will let the public see what he is, what are the motives of his discontent, a few sentences of plain fact will set everything in them to rights as to our conduct. Be so good as to return me the written letter.

The following paragraph which comes to me from a friend in Philadelphia I quote for your notice.

“It is said here that George Harrison has applied for the place in the navy that Genl. Irvine had. He has got too much already for any Federalist who has rendered his country no personal service in the field. This man is married to Thos. Willing’s niece. Willing is Presidt. of the Bank of the U. S. You may also observe he was chairman at a meeting when they agreed to hoist the black cockade on the left arm in honor of Hamilton. They also resolved and expected the clergymen would preach in his favor.”

The writer is a most solid Republican, and who generally expresses the feelings of the republicans in Philadelphia pretty faithfully. I know not what functions Irvine executed for the navy; but if any, the above sentiments are worthy of attention, as the emploiment of Harrison has given them heart burnings. I know nothing of him, whether moderate or violent; but until the party learn a little more moderation decency, no new favors should be conferred on them. Pennsylvania seems to have in it’s bowels a good deal of volcanic matter, some explosion may be expected. We must be neutral between the discordant republicans but not between them their common enemies. I salute you with sincere affection respect.

Thomas Jefferson
Jefferson, Thomas
September 1, 1804
Monticello
Albert Gallatin
Gallatin, Albert

TO THE SECRETARY OF THE TREASURY (ALBERT GALLATIN.)

j. mss.
Dear Sir,

—After waiting to the twelfth hour to get all the information I could respecting the government of Orleans, I have on consultation with Mr. Madison, sent on the commissions by the mail which left Charlottesville yesterday morning for the westward. It is very much what had been approved by the heads of Departments separately and provisionally, with a few alterations shown to be proper by subsequent information. It is as follows:

Governor, Claiborne.

Secretary, James Brown.

Judges of Superior Court, Kirby, Prevost, and Pinkney or Williams.

Judge of District, Hall.

Attorney, Dickerson.

Marshal, Urquhart, or Clouast, or Guillot, or any native Frenchman Claiborne prefers.

Legislative Council, Morgan, Watkins, Clarke, Jones, Roman, and Wikoff certain. Don or George Pollock, as Claiborne chooses. Boré, Poydras, and Bellechasse certain, and any three which Claiborne may choose of these five, to wit: Derbigue, Detrehan, Dubruys, Cantarelle, Sauvé.

It will be necessary for us to consider of a gradation of peaceable measures which may coerce the belligerent powers into an obedience to the laws within our waters, so as to avoid using the gunboats if possible: a non-intercourse law may be necessary; but would not the power to forbid the admitting to entry any vessel of a belligerent so long as there should be an armed vessel of the nation in our waters in a state of disobedience to the laws or lawful orders of the Executive, be effectual? Making it lawful for us at the same time to give admittance to the armed vessels of a belligerent on such terms only as we should prescribe. These things should be considered and agreed on among ourselves, and suggested to our friends. I salute you with affection and respect.

P. S. I shall be in Washington by the last day of the month.

Thomas Jefferson
Jefferson, Thomas
Sep. 8, 04
Monticello
Albert Gallatin
Gallatin, Albert

TO THE SECRETARY OF THE TREASURY (ALBERT GALLATIN.)

j. mss.
Dear Sir,

—As we shall have to lay before Congress the proceedings of the British vessels at N York, it will be necessary for us to say to them with certainty which specific aggressions were committed within the common law, which within the admiralty jurisdiction, which on the high seas. The rule of the common law is that wherever you can see from land to land, all the water within the line of sight is in the body of the adjacent county within common law jurisdiction. Thus, if in this curvature a-c-b-wave-img you can see from a to b, all the water within the line of sight is within common law jurisdiction, a murder committed at c is to be tried as at common law. Our coast is generally visible, I believe, by the time you get within about 25 miles. I suppose that at N York you must be some miles out of the Hook before the opposite shores recede 25. miles from each other. The 3. miles of maritime jurisdiction is always to be counted from this line of sight. It will be necessary we should be furnished with the most accurate chart to be had of the shores waters in the neighborhood of the Hook; that we may be able to ascertain on it the spot of every aggression. I presume it would be within the province of Mr. Gelston to procure us such a chart, to ascertain the positions of the offending vessels. If I am right in this, will you be so good as to instruct him so to do?

I think the officers of the federal government are meddling too much with the public elections. Will it be best to admonish them privately or by proclamation? This for consideration till we meet. I shall be at Washington by the last day of the month. I salute you with affection respect.

Thomas Jefferson
Jefferson, Thomas
Sept. 15, 04
Monticello
MarquÉs de Casa-Yrujo
MarquÉs, de Casa-Yrujo

TO THE SPANISH MINISTER (MARQUÉS DE CASA-YRUJO.)

j. mss.
Sir,

—Your letter of the 7th inst. came to hand on the 14th only, by which it seems to have lost a post by the way. This therefore cannot be in Washington but on the evening of the 17th. No information has been received from Mr. Pinckney of the character which your letter supposes. The latest we have from him inclosed a letter to him from M. de Cevallos in a tone not as friendly as heretofore used by that Minister towards us, more suited, as we thought, to the close of an unsuccessful discussion, than the beginning of a friendly one, and not calculated to impress a nation whose intentions are just but firm and unyielding to any other motive than justice. What followed the reception of that letter is entirely unknown to us; what we have seen in the public papers was so little like what would flow from anything done on our part, or expected from yours, that we have given no credit to it. The state of things between us seems indeed to require unreserved explanations, cool calm discussion, to avoid those evils which neither party probably intends, yet unfounded jealousies suspicions may beget. These discussions should regularly be between yourself the Secretary of State: But, a friend to the substance of business, disregarding all forms which obstruct the way to it, I agree with readiness to the direct personal interview you propose; and shall receive you here with pleasure at your earliest convenience, as I am to leave this place for Washington on the 26th or 27th instant. Being totally uninformed of what has past I must rely on you to bring any documents or other papers which may be necessary to present a full view of the subject of communication.

Mrs. Randolph will be happy in the opportunity of paying her respects to the Marchioness Yrujo at Monticello, of contributing her attentions to render the time we may possess her here as agreeable as she can. She joins me in respects to the Marchioness I add my friendly salutations to yourself assurances of great consideration respect.

Thomas Jefferson
Jefferson, Thomas
Sept. 16, 1804
Monticello
Levi Lincoln
Lincoln, Levi

TO THE ATTORNEY-GENERAL (LEVI LINCOLN.)

j. mss.
Dear Sir,

—It will be necessary to lay before Congress the aggressions of the British vessels before the harbor of New York. For this purpose it will be necessary in the first place to examine all the cases, and to class them according to the principle of the aggression, and secondly to prepare a succinct statement of them, for I believe that would be more proper than to furnish them the documents. They are not called on to legislate on each case, for then they should inquire into it specifically, but are told by the Executive that such things have happened, in order that they may pass laws to prevent such in future. As the American citizen of N. Y. has kept a steady eye on them and stated the cases I have cut them out of the paper, and now inclose them to you; as they will give you more time to consider the cases, and an opportunity perhaps of consulting your own library on questionable points. Authentic documents fuller information on every case will be ready for you at Washington, for which place I set out the 27th inst. The Spanish minister here seems to have found means of exciting his court considerably on the act for establishing a port of entry on the Mobile: and something serious has passed between Pinckney and them of which we are not informed. I take for granted that such circumstances as these will be easily allayed by good humor and reason, between reasonable men. The new administration in England is entirely cordial. There has never been a time when our flag was so little molested by them in the European seas, or irregularities there so readily respectfully corrected. As the officers here began their insults before the change, it is a proof it did not proceed from that change. We must expect however unequivocal measures from them to prevent such things in future, while Congress should enable us to arrest them by our own means, and not expose us to pass such another year of insulted jurisdiction. Accept my affectionate salutations assurances of great esteem respect.

Thomas Jefferson
Jefferson, Thomas
Oct. 6, 1804
Washington
de Witt Clinton
Clinton, de Witt

TO DE WITT CLINTON

j. mss.
Dear Sir,

—Your favor of Sep. 21 was received on my return to this place. Certainly the distribution of so atrocious a libel as the pamphlet Aristides, and still more the affirming its contents to be true as holy writ, presents a shade in the morality of Mr. Swartwout, of which his character had not before been understood to be susceptible. Such a rejection of all regard to truth, would have been sufficient cause against receiving him into the corps of executive officers at first; but whether it is expedient after a person is appointed, to be as nice on a question of removal requires great consideration. I proposed soon after coming into office to enjoin the executive officers from intermeddling with elections as inconsistent with the true principles of our Constitution. It was laid over for consideration: but late occurrences prove the propriety of it, and it is now under consideration. In the absence of the Secretary of State I desired his chief clerk to inclose you an extract of a letter respecting Genl. Moreau. That as private individuals we should receive him with cordiality is just. But any public display would be injurious to him, and to our harmony with his former government. I salute you with friendship respect.

Thomas Jefferson
Jefferson, Thomas
November 8, 1804

FOURTH ANNUAL MESSAGE. 1

To the Senate and House of Representatives of the United States:

To a people, fellow citizens, who sincerely desire the happiness and prosperity of other nations; to those who justly calculate that their own well-being is advanced by that of the nations with which they have intercourse, it will be a satisfaction to observe that the war which was lighted up in Europe a little before our last meeting has not yet extended its flames to other nations, nor been marked by the calamities which sometimes stain the footsteps of war. The irregularities too on the ocean, which generally harass the commerce of neutral nations, have, in distinct parts, disturbed ours less than on former occasions. But in the American seas they have been greater from peculiar causes; and even within our harbors and jurisdiction, infringements on the authority of the laws have been committed which have called for serious attention. The friendly conduct of the governments from whose officers and subjects these acts have proceeded, in other respects and in places more under their observation and control, gives us confidence that our representations on this subject will have been properly regarded.

While noticing the irregularities committed on the ocean by others, those on our own part should not be omitted nor left unprovided for. Complaints have been received that persons residing within the United States have taken on themselves to arm merchant vessels, and to force a commerce into certain ports and countries in defiance of the laws of those countries. That individuals should undertake to wage private war, independently of the authority of their country, cannot be permitted in a well-ordered society. Its tendency to produce aggression on the laws and rights of other nations, and to endanger the peace of our own is so obvious, that I doubt not you will adopt measures for restraining it effectually in future.

Soon after the passage of the act of the last session, authorizing the establishment of a district and port of entry on the waters of the Mobile, we learnt that its object was misunderstood on the part of Spain. Candid explanations were immediately given, and assurances that, reserving our claims in that quarter as a subject of discussion and arrangement with Spain, no act was meditated, in the meantime, inconsistent with the peace and friendship existing between the two nations, and that conformably to these intentions would be the execution of the law. The government had, however, thought proper to suspend the ratification of the convention of 1802. But the explanations which would reach them soon after, and still more, the confirmation of them by the tenor of the instrument establishing the port and district, may reasonably be expected to replace them in the dispositions and views of the whole subject which originally dictated the convention.

I have the satisfaction to inform you that the objections which had been urged by that government against the validity of our title to the country of Louisiana have been withdrawn, its exact limits, however, remaining still to be settled between us. And to this is to be added that, having prepared and delivered the stock created in execution of the convention of Paris, of April 30, 1803, in consideration of the cession of that country, we have received from the government of France an acknowledgment, in due form, of the fulfilment of that stipulation.

With the nations of Europe in general our friendship and intercourse are undisturbed, and from the governments of the belligerent powers especially we continue to receive those friendly manifestations which are justly due to an honest neutrality, and to such good offices consistent with that as we have opportunities of rendering.

The activity and success of the small force employed in the Mediterranean in the early part of the present year, the reinforcement sent into that sea, and the energy of the officers having command in the several vessels, will, I trust, by the sufferings of war, reduce the barbarians of Tripoli to the desire of peace on proper terms. Great injury, however, ensues to ourselves as well as to others interested, from the distance to which prizes must be brought for adjudication, and from the impracticability of bringing hither such as are not seaworthy.

The bey of Tunis having made requisitions unauthorized by our treaty, their rejection has produced from him some expressions of discontent. But to those who expect us to calculate whether a compliance with unjust demands will not cost us less than a war, we must leave as a question of calculation for them, also, whether to retire from unjust demands will not cost them less than a war. We can do to each other very sensible injuries by war, but the mutual advantages of peace make that the best interest of both.

Peace and intercourse with the other powers on the same coast continue on the footing on which they are established by treaty.

In pursuance of the act providing for the temporary government of Louisiana, the necessary officers for the territory of Orleans were appointed in due time, to commence the exercise of their functions on the first day of October. The distance, however, of some of them, and indispensable previous arrangements, may have retarded its commencement in some of its parts; the form of government thus provided having been considered but as temporary, and open to such improvements as further information of the circumstances of our brethren there might suggest, it will of course be subject to your consideration.

In the district of Louisiana, it has been thought best to adopt the division into subordinate districts, which had been established under its former government. These being five in number, a commanding officer has been appointed to each, according to the provision of the law, and so soon as they can be at their station, that district will also be in its due state of organization; in the meantime their places are supplied by the officers before commanding there. The functions of the governor and judges of Indiana have commenced; the government, we presume, is proceeding in its new form. The lead mines in that district offer so rich a supply of that metal, as to merit attention. The report now communicated will inform you of their state, and of the necessity of immediate inquiry into their occupation and titles.

With the Indian tribes established within our newly-acquired limits, I have deemed it necessary to open conferences for the purpose of establishing a good understanding and neighborly relations between us. So far as we have yet learned, we have reason to believe that their dispositions are generally favorable and friendly; and with these dispositions on their part, we have in our own hands means which cannot fail us for preserving their peace and friendship. By pursuing a uniform course of justice toward them, by aiding them in all the improvements which may better their condition, and especially by establishing a commerce on terms which shall be advantageous to them and only not losing to us, and so regulated as that no incendiaries of our own or any other nation may be permitted to disturb the natural effects of our just and friendly offices, we may render ourselves so necessary to their comfort and prosperity, that the protection of our citizens from their disorderly members will become their interest and their voluntary care. Instead, therefore, of an augmentation of military force proportioned to our extension of frontier, I propose a moderate enlargement of the capital employed in that commerce, as a more effectual, economical, and humane instrument for preserving peace and good neighborhood with them.

On this side of the Mississippi an important relinquishment of native title has been received from the Delawares. That tribe, desiring to extinguish in their people the spirit of hunting, and to convert superfluous lands into the means of improving what they retain, have ceded to us all the country between the Wabash and the Ohio, south of, and including the road from the rapids towards Vincennes, for which they are to receive annuities in animals and implements for agriculture, and in other necessaries. This acquisition is important, not only for its extent and fertility, but as fronting three hundred miles on the Ohio, and near half that on the Wabash. The produce of the settled countries descending those rivers, will no longer pass in review of the Indian frontier but in a small portion, and with the cession heretofore made with the Kaskaskias, nearly consolidates our possessions north of the Ohio, in a very respectable breadth, from Lake Erie to the Mississippi. The Piankeshaws having some claim to the country ceded by the Delawares, it has been thought best to quiet that by fair purchase also. So soon as the treaties on this subject shall have received their constitutional sanctions, they shall be laid before both houses.

The act of Congress of February 28th, 1803, for building and employing a number of gun-boats, is now in a course of execution to the extent there provided for. The obstacle to naval enterprise which vessels of this construction offer for our seaport towns; their utility towards supporting within our waters the authority of the laws; the promptness with which they will be manned by the seamen and militia of the place the moment they are wanting; the facility of their assembling from different parts of the coast to any point where they are required in greater force than ordinary; the economy of their maintenance and preservation from decay when not in actual service; and the competence of our finances to this defensive provision, without any new burden, are considerations which will have due weight with Congress in deciding on the expediency of adding to their number from year to year, as experience shall test their utility, until all our important harbors, by these and auxiliary means, shall be insured against insult and opposition to the laws.

No circumstance has arisen since your last session which calls for any augmentation of our regular military force. Should any improvement occur in the militia system, that will be always seasonable.

Accounts of the receipts and expenditures of the last year with estimates for the ensuing one, will as usual be laid before you.

The state of our finances continues to fulfil our expectations. Eleven millions and a half of dollars, received in the course of the year ending on the 30th of September last, have enabled us, after meeting all the ordinary expenses of the year, to pay upward of $3,600,000 of the public debt, exclusive of interest. This payment, with those of the two preceding years, has extinguished upward of twelve millions of the principal, and a greater sum of interest, within that period; and by a proportional diminution of interest, renders already sensible the effect of the growing sum yearly applicable to the discharge of the principal.

It is also ascertained that the revenue accrued during the last year, exceeds that of the preceding; and the probable receipts of the ensuing year may safely be relied on as sufficient, with the sum already in the treasury, to meet all the current demands of the year, to discharge upward of three millions and a half of the engagements incurred under the British and French conventions, and to advance in the farther redemption of the funded debts as rapidly as had been contemplated. These, fellow citizens, are the principal matters which I have thought it necessary at this time to communicate for your consideration and attention. Some others will be laid before you in the course of the session, but in the discharge of the great duties confided to you by our country, you will take a broader view of the field of legislation. Whether the great interests of agriculture, manufactures, commerce, or navigation, can, within the pale of your constitutional powers, be aided in any of their relations; whether laws are provided in all cases where they are wanting; whether those provided are exactly what they should be; whether any abuses take place in their administration, or in that of the public revenues; whether the organization of the public agents or of the public force is perfect in all its parts; in fine, whether anything can be done to advance the general good, are questions within the limits of your functions which will necessarily occupy your attention. In these and other matters which you in your wisdom may propose for the good of our country, you may count with assurance on my hearty co-operation and faithful execution.

Thomas Jefferson
Jefferson, Thomas
Nov. 18, 04
James Madison
Madison, James

TO THE SECRETARY OF STATE (JAMES MADISON.)

j. mss.

I send you 2 sheets of my commonplace, because on the 5 last pages of them are my abridgments of certain admiralty cases interesting to us, with some observations; it will be well that we mutually understand how far we go together, what consequently we may propose with joint satisfaction. I think the English practice of not requiring a prize to be hazarded further than to the nearest neutral port is so much for the interest of all weak nations that we ought to strengthen it by our example, prevent that change of practice which Sr. W. Scott seems to be aiming at; evidently swayed by considerations of the interest of his nation.

Thomas Jefferson
Jefferson, Thomas
Nov. 19, ’04
Washington
John Randolph
Randolph, John

TO JOHN RANDOLPH

j. mss.
Dear Sir,

—I mentioned to you in a cursory way the other evening that before the meeting of Congress I had conferred with my executive associates on the subject of insults in our harbors, and that we had settled in our own minds what we thought it would be best to do on that subject, which I had thrown into the form of a bill. 1 I meant to have communicated this to you: but on the reference of that part of the message to a special committee it was thought necessary to communicate it without delay to a member of the committee. But the outlines are these. In the 1st place foreign armed vessels entering our harbors are to report themselves, to take such position, conform to such regulations respecting health, repairs, supplies, stay, intercourse departure as shall be prescribed. On not conforming to these, the vessel may be ordered away. And not obeying that order, the following gradation of coercive measures is proposed. To forbid supplies to be furnished to them, to cut off all intercourse between them the shore or other vessels, not to receive the entry at the custom house at that port of any vessel of the same nation till she removes. To extend the prohibition to all custom-houses of the U. S. so long as the refractory vessel remain: lastly to recur to force. These were our ideas suggested from practice and a knolege of facts: and the communication of them in form of a bill is merely as a canvass or premiere ebauche for Congress to work on, to make of it whatever they please. They cannot be the worse for knowing the result of our information reflection on the subject, which has been privately communicated as more respectful than to have recommended these measures in the message in detail as the Constitution permits. With the same view I state them merely as subjects for your consideration. Accept affectionate salutations assurances of respect.

Thomas Jefferson
Jefferson, Thomas
Nov. 26, 04
Washington
Larkin Smith
Smith, Larkin

TO LARKIN SMITH

j. mss.
Sir,

—Your letter of the 10th came to hand yesterday evening. It was written with frankness and independance and will be answered in the same way. You complain that I did not answer your letters applying for office. But if you will reflect a moment you may judge whether this ought to be expected. To the successful applicant for an office the commission is the answer. To the unsuccessful multitude am I to go with every one into the reasons for not appointing him? Besides that this correspondence would literally engross my whole time, into what controversies would it lead me. Sensible of this dilemma, from the moment of coming into office I laid it down as a rule to leave the applicants to collect their answer from the facts. To entitle myself to the benefit of the rule in any case it must be observed in every one: and I never have departed from it in a single case, not even for my bosom friends. You observe that you are, or probably will be appointed an elector. I have no doubt you will do your duty with a conscientious regard to the public good to that only. Your decision in favor of another would not excite in my mind the slightest dissatisfaction towards you. On the contrary I should honor the integrity of your choice. In the nominations I have to make, do the same justice to my motives. Had you hundreds to nominate, instead of one, be assured they would not compose for you a bed of roses. You would find yourself in most cases with one loaf and ten wanting bread. Nine must be disappointed, perhaps become secret, if not open enemies. The transaction of the great interests of our country costs us little trouble or difficulty. There the line is plain to men of some experience. But the task of appointment is a heavy one indeed. He on whom it falls may envy the lot of a Sisyphus or Ixion. Their agonies were of the body: this of the mind. Yet, like the office of hangman it must be executed by some one. It has been assigned to me and made my duty. I make up my mind to it therefore, abandon all regard to consequences. Accept my salutations assurances of respect.

Thomas Jefferson
Jefferson, Thomas
Dec. 6, 04
Washington
Wilson Cary Nicholas
Nicholas, Wilson Cary

TO WILSON CARY NICHOLAS

j. mss.
Dear Sir,

—I thank you for your description of the state of parties. As to one of the extremes I find I have not been mistaken. The line between them and their more moderate brethren I have not so well understood. It is of importance for my government.

From the Federalists there I expect nothing on any principle of duty or patriotism: but I did suppose they would pay some attentions to the interests of Norfolk. Is it the interest of that place to strengthen the hue and cry against the policy of making the Eastern branch our great naval deposit? Is it their interest that this should be removed to New York or Boston to one of which it must go if it leaves this? Is it their interest to scout a defence by gunboats in which they would share amply, in hopes of a navy which will not be built in our day, would be no defence if built, or of forts which will never be built or maintained, and would be no defence if built? Yet such are the objects which they patronize in their papers. This is worthy of more consideration than they seem to have given it. Accept affectionate salutations assurances of great esteem respect.

Thomas Jefferson
Jefferson, Thomas
Jan. 6, 1805
Washington
John Taylor
Taylor, John

TO JOHN TAYLOR

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Dear Sir,

—Your favor of Dec. 26th has been duly received, and was received as a proof of your friendly partialities to me, of which I have so often had reason to be sensible. My opinion originally was that the President of the U. S. should have been elected for 7. years, forever ineligible afterwards. I have since become sensible that 7. years is too long to be irremovable, and that there should be a peaceable way of withdrawing a man in midway who is doing wrong. The service for 8. years with a power to remove at the end of the first four, comes nearly to my principle as corrected by experience. And it is in adherence to that that I determined to withdraw at the end of my second term. The danger is that the indulgence attachments of the people will keep a man in the chair after he becomes a dotard, that reelection through life shall become habitual, election for life follow that. Genl. Washington set the example of voluntary retirement after 8. years. I shall follow it, and a few more precedents will oppose the obstacle of habit to anyone after a while who shall endeavor to extend his term. Perhaps it may beget a disposition to establish it by an amendment of the constitution. I believe I am doing right, therefore, in pursuing my principle. I had determined to declare my intention, but I have consented to be silent on the opinion of friends, who think it best not to put a continuance out of my power in defiance of all circumstances. There is, however, but one circumstance which could engage my acquiescence in another election, to wit, such a division about a successor as might bring in a Monarchist. But this circumstance is impossible. While, therefore, I shall make no formal declarations to the public of my purpose, I have freely let it be understood in private conversation. In this I am persuaded yourself my friends generally will approve of my views: and should I at the end of a 2d term carry into retirement all the favor which the 1st has acquired, I shall feel the consolation of having done all the good in my power, and expect with more than composure the termination of a life no longer valuable to others or of importance to myself. Accept my affectionate salutations assurances of great esteem respect.

Thomas Jefferson
Jefferson, Thomas
Jan. 28, 05
Washington
William A. Burwell
Burwell, William A.

TO WILLIAM A. BURWELL

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Dear Sir,

—Your letter of the 18th has been duly received and Mr. Coles consents to remain here till the 4th of March, when I shall leave this place for Monticello and pass a month there. Consequently if you can join me here the second week in April it will be as early as your absence could effect my convenience. I have long since given up the expectation of any early provision for the extinguishment of slavery among us. There are many virtuous men who would make any sacrifices to affect it, many equally virtuous who persuade themselves either that the thing is not wrong, or that it cannot be remedied, and very many with whom interest is morality. The older we grow, the larger we are disposed to believe the last party to be. But interest is really going over to the side of morality. The value of the slave is every day lessening; his burden on his master daily increasing. Interest is therefore preparing the disposition to be just; and this will be goaded from time to time by the insurrectionary spirit of the slaves. This is easily quelled in it’s first efforts; but from being local it will become general, and whenever it does it will rise more formidable after every defeat, until we shall be forced, after dreadful scenes sufferings to release them in their own way, which, without such sufferings we might now model after our own convenience. Accept my affectionate salutations.

Thomas Jefferson
Jefferson, Thomas
March 4, 1805

SECOND INAUGURAL ADDRESS 1

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Proceeding, fellow citizens, to that qualification which the constitution requires, before my entrance on the charge again conferred upon me, it is my duty to express the deep sense I entertain of this new proof of confidence from my fellow citizens at large, and the zeal with which it inspires me, so to conduct myself as may best satisfy their just expectations.

On taking this station on a former occasion, I declared the principles on which I believed it my duty to administer the affairs of our commonwealth. My conscience tells me that I have, on every occasion, acted up to that declaration, according to its obvious import, and to the understanding of every candid mind.

In the transaction of your foreign affairs, we have endeavored to cultivate the friendship of all nations, and especially of those with which we have the most important relations. We have done them justice on all occasions, favored where favor was lawful, and cherished mutual interests and intercourse on fair and equal terms. We are firmly convinced, and we act on that conviction, that with nations, as with individuals, our interests soundly calculated, will ever be found inseparable from our moral duties; and history bears witness to the fact, that a just nation is taken on its word, when recourse is had to armaments and wars to bridle others.

At home, fellow citizens, you best know whether we have done well or ill. The suppression of unnecessary offices, of useless establishments and expenses, enabled us to discontinue our internal taxes. These covering our land with officers, and opening our doors to their intrusions, had already begun that process of domiciliary vexation which, once entered, is scarcely to be restrained from reaching successively every article of produce and property. If among these taxes some minor ones fell which had not been inconvenient, it was because their amount would not have paid the officers who collected them, and because, if they had any merit, the state authorities might adopt them, instead of others less approved.

The remaining revenue on the consumption of foreign articles, is paid cheerfully by those who can afford to add foreign luxuries to domestic comforts, being collected on our seaboards and frontiers only, and incorporated with the transactions of our mercantile citizens, it may be the pleasure and pride of an American to ask, what farmer, what mechanic, what laborer, ever sees a tax-gatherer of the United States? These contributions enable us to support the current expenses of the government, to fulfil contracts with foreign nations, to extinguish the native right of soil within our limits, to extend those limits, and to apply such a surplus to our public debts, as places at a short day their final redemption, and that redemption once effected, the revenue thereby liberated may, by a just repartition among the states, and a corresponding amendment of the constitution, be applied, in time of peace, to rivers, canals, roads, arts, manufactures, education, and other great objects within each state. In time of war, if injustice, by ourselves or others, must sometimes produce war, increased as the same revenue will be increased by population and consumption, and aided by other resources reserved for that crisis, it may meet within the year all the expenses of the year, without encroaching on the rights of future generations, by burdening them with the debts of the past. War will then be but a suspension of useful works, and a return to a state of peace, a return to the progress of improvement.

I have said, fellow citizens, that the income reserved had enabled us to extend our limits; but that extension may possibly pay for itself before we are called on, and in the meantime, may keep down the accruing interest; in all events, it will repay the advances we have made. I know that the acquisition of Louisiana has been disapproved by some, from a candid apprehension that the enlargement of our territory would endanger its union. But who can limit the extent to which the federative principle may operate effectively? The larger our association, the less will it be shaken by local passions; and in any view, is it not better that the opposite bank of the Mississippi should be settled by our own brethren and children, than by strangers of another family? With which shall we be most likely to live in harmony and friendly intercourse?

In matters of religion, I have considered that its free exercise is placed by the constitution independent of the powers of the general government. I have therefore undertaken, on no occasion, to prescribe the religious exercises suited to it; but have left them, as the constitution found them, under the direction and discipline of state or church authorities acknowledged by the several religious societies.

The aboriginal inhabitants of these countries I have regarded with the commiseration their history inspires. Endowed with the faculties and the rights of men, breathing an ardent love of liberty and independence, and occupying a country which left them no desire but to be undisturbed, the stream of overflowing population from other regions directed itself on these shores; without power to divert, or habits to contend against, they have been overwhelmed by the current, or driven before it; now reduced within limits too narrow for the hunter’s state, humanity enjoins us to teach them agriculture and the domestic arts; to encourage them to that industry which alone can enable them to maintain their place in existence, and to prepare them in time for that state of society, which to bodily comforts adds the improvement of mind and morals. We have therefore liberally furnished them with the implements of husbandry and household use; we have placed among them instructors in the arts of first necessity; and they are covered with the ægis of the law against aggressors from among ourselves.

But the endeavors to enlighten them on the fate which awaits their present course of life, to induce them to exercise their reason, follow its dictates, and change their pursuits with the change of circumstances, have powerful obstacles to encounter; they are combated by the habits of their bodies, prejudice of their minds, ignorance, pride, and the influence of interested and crafty individuals among them, who feel themselves something in the present order of things, and fear to become nothing in any other. These persons inculcate a sanctimonious reverence for the customs of their ancestors; that whatsoever they did, must be done through all time; that reason is a false guide, and to advance under its counsel, in their physical, moral, or political condition, is perilous innovation; that their duty is to remain as their Creator made them, ignorance being safety, and knowledge full of danger; in short, my friends, among them is seen the action and counteraction of good sense and bigotry; they, too, have their anti-philosophers, who find an interest in keeping things in their present state, who dread reformation, and exert all their faculties to maintain the ascendency of habit over the duty of improving our reason, and obeying its mandates.

In giving these outlines, I do not mean, fellow citizens, to arrogate to myself the merit of the measures; that is due, in the first place, to the reflecting character of our citizens at large, who, by the weight of public opinion, influence and strengthen the public measures; it is due to the sound discretion with which they select from among themselves those to whom they confide the legislative duties; it is due to the zeal and wisdom of the characters thus selected, who lay the foundations of public happiness in wholesome laws, the execution of which alone remains for others; and it is due to the able and faithful auxiliaries, whose patriotism has associated with me in the executive functions.

During this course of administration, and in order to disturb it, the artillery of the press has been levelled against us, charged with whatsoever its licentiousness could devise or dare. These abuses of an institution so important to freedom and science, are deeply to be regretted, inasmuch as they tend to lessen its usefulness, and to sap its safety; they might, indeed, have been corrected by the wholesome punishments reserved and provided by the laws of the several States against falsehood and defamation; but public duties more urgent press on the time of public servants, and the offenders have therefore been left to find their punishment in the public indignation.

Nor was it uninteresting to the world, that an experiment should be fairly and fully made, whether freedom of discussion, unaided by power, is not sufficient for the propagation and protection of truth—whether a government, conducting itself in the true spirit of its constitution, with zeal and purity, and doing no act which it would be unwilling the whole world should witness, can be written down by falsehood and defamation. The experiment has been tried; you have witnessed the scene; our fellow citizens have looked on, cool and collected; they saw the latent source from which these outrages proceeded; they gathered around their public functionaries, and when the constitution called them to the decision by suffrage, they pronounced their verdict, honorable to those who had served them, and consolatory to the friend of man, who believes he may be intrusted with his own affairs.

No inference is here intended, that the laws, provided by the State against false and defamatory publications, should not be enforced; he who has time, renders a service to public morals and public tranquillity, in reforming these abuses by the salutary coercions of the law; but the experiment is noted, to prove that, since truth and reason have maintained their ground against false opinions in league with false facts, the press, confined to truth, needs no other legal restraint; the public judgment will correct false reasonings and opinions, on a full hearing of all parties; and no other definite line can be drawn between the inestimable liberty of the press and its demoralizing licentiousness. If there be still improprieties which this rule would not restrain, its supplement must be sought in the censorship of public opinion.

Contemplating the union of sentiment now manifested so generally, as auguring harmony and happiness to our future course, I offer to our country sincere congratulations. With those, too, not yet rallied to the same point, the disposition to do so is gaining strength; facts are piercing through the veil drawn over them; and our doubting brethren will at length see, that the mass of their fellow citizens, with whom they cannot yet resolve to act, as to principles and measures, think as they think, and desire what they desire; that our wish, as well as theirs, is, that the public efforts may be directed honestly to the public good, that peace be cultivated, civil and religious liberty unassailed, law and order preserved; equality of rights maintained, and that state of property, equal or unequal, which results to every man from his own industry, or that of his fathers. When satisfied of these views, it is not in human nature that they should not approve and support them; in the meantime, let us cherish them with patient affection; let us do them justice, and more than justice, in all competitions of interest; and we need not doubt that truth, reason, and their own interests, will at length prevail, will gather them into the fold of their country, and will complete their entire union of opinion, which gives to a nation the blessing of harmony, and the benefit of all its strength.

I shall now enter on the duties to which my fellow citizens have again called me, and shall proceed in the spirit of those principles which they have approved. I fear not that any motives of interest may lead me astray; I am sensible of no passion which could seduce me knowingly from the path of justice; but the weakness of human nature, and the limits of my own understanding, will produce errors of judgment sometimes injurious to your interests. I shall need, therefore, all the indulgence I have heretofore experienced—the want of it will certainly not lessen with increasing years. I shall need, too, the favor of that Being in whose hands we are, who led our forefathers, as Israel of old, from their native land, and planted them in a country flowing with all the necessaries and comforts of life; who has covered our infancy with his providence, and our riper years with his wisdom and power; and to whose goodness I ask you to join with me in supplications, that he will so enlighten the minds of your servants, guide their councils, and prosper their measures, that whatsoever they do, shall result in your good, and shall secure to you the peace, friendship, and approbation of all nations.

Thomas Jefferson
Jefferson, Thomas
Mar. 26, 05
Monticello
Wilson Cary Nicholas
Nicholas, Wilson Cary

TO WILSON CARY NICHOLAS

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Dear Sir,

—Your favor of the 10th was received only the last night. I now return you the letter to Colo. Newton, which I pray you to deliver use your influence to induce an acceptance. It is in truth only asking him to become responsible for his son, which he would of course do were the office given to his son directly: it will relieve me from a painful dilemma. Should he however refuse, be so good as to inform me of it, and you may at the same time address your letter of resignation to Mr. Gallatin, only confining the knolege of the fact as much as you can between Colo. Newton and yourself, that the appointment may be made before any solicitations can be forwarded.

The divisions among the republicans which you speak of are distressing, but they are not unexpected to me. From the moment I foresaw the entire prostration of federalism, I knew that at that epoch more distressing divisions would take its place. The opinions of men are as various as their faces, and they will always find some rallying principle or point at which those nearest to it will unite, reducing themselves to two stations, under a common name for each. These stations or camps will be formed of very heterogeneous materials, combining from very different motives, with very different views. I did believe my station in March 1801 as painful as could be undertaken, having to meet in front all the terrible passions of federalism in the first moment of it’s defeat mortification, and to grapple with it until compleatly subdued. But I consider that as less painful than to be placed between conflicting friends. There my way was clear my mind made up. I never for a moment had to balance between two opinions. In the new divisions which are to arise the case will be very different. Even those who seem to coalesce will be like the image of clay brass. However under difficulties of this kind I have ever found one, only one rule, to do what is right, generally we shall disentangle ourselves without almost perceiving how it happens. Accept my affectionate salutations.

Thomas Jefferson
Jefferson, Thomas
Apr. 05
Monticello
James Madison
Madison, James

TO THE SECRETARY OF STATE (JAMES MADISON.)

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Dear Sir,

—Yours of the 27th is received. I put Lattimore’s letter into my bundle of agenda to be acted on in due time. Monroe’s, Pinckney’s Jarvis’s are now returned. I suspect that Pinckney gives us the true design of Gr. Br. to oust the French and Dutch from our quarter leave the Spaniards [and] Portuguese. It is possible she would rather see these two last in possession of the southern continent than of any other nation. It is really of good augury that Taleyrand should have been silent about the western boundary of Louisiana, I have no doubt Monroe will make the most of it. Should it end in our getting the navigation of the Mobile only we must make our protestation to Spain that we reserve our right which neither time nor silence is to lessen shall assert it when circumstances call for it. In the meantime propose the keeping it in statu quo, unsettled. I shall be glad that nothing be forwarded to me here after the mail which leaves Washington on Friday the 5th. Accept my affectionate salutations assurances of constant esteem respect.

Thomas Jefferson
Jefferson, Thomas
April 3, 1805
Monticello
Albert Gallatin
Gallatin, Albert

TO THE SECRETARY OF THE TREASURY (ALBERT GALLATIN.)

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Dear Sir,

—Your favor of the 26th March is received, and I learn with real concern the danger that a temporary loan may be necessary, because we know how it will be perverted to throw dust in the eyes of the people. However, if no other expedient can be used, we must meet it. I have no expectation that Monroe will be able to get any acknowledgement of boundary which we can admit. The next best measure will be to obtain a free use of the rivers of either party, rising within the limits of the other, and that neither party shall either settle or fortify within the disputed country until the limits can be fixed. This will give us time to await and avail ourselves of events. I presume the appointment of Flowers may await my return. In the meantime the other may be heard from. I have desired the Postmaster-General to forward nothing to me here after the 5th instant, as I expect to be with you in a fortnight. Accept affectionate salutations and assurances of constant friendship and respect.

Thomas Jefferson
Jefferson, Thomas
Apr. 27, 05
Washington
James Bowdoin
Bowdoin, James

TO THE U. S. MINISTER TO SPAIN (JAMES BOWDOIN.)

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Dear Sir,

—Your favor of Mar. 25 has been duly received. I regret that the state of your health renders a visit to this place unadvisable. Besides the gratification we should have felt from personal considerations, the perusal of the correspondences, for some time back, with the governments of Europe most interesting to us, by putting you in possession of the actual state of things between us, would have enabled you to act under all emergencies with that satisfaction to yourself which is derived from a full knolege of the ground. But I presume you will find this supplied, as to the government to which you go, by the papers of the office at Madrid. Our relations with that nation are vitally interesting. That they should be of a peaceable friendly character has been our most earnest desire. Had Spain met us with the same dispositions, our idea was that her existence in this hemisphere ours, should have rested on the same bottom; should have swam or sunk together. We want nothing of hers, we want no other nation to possess what is hers. But she has met our advances with jealousy, secret malice and ill-faith. Our patience under this unworthy return of disposition is now on it’s last trial. And the issue of what is now depending between us will decide whether our relations with her are to be sincerely friendly, or permanently hostile. I still wish would cherish the former, but have ceased to expect it.

I thank you for the sentiments of esteem you are so good as to express towards me, and the mark of it you wish me to place at Monticello. It shall be deposited with the memorials of those worthies whose remembrance I feel a pride comfort in consecrating there. With my best wishes for the restoration of your health for a pleasant voyage, I tender you my friendly salutations assurances of great esteem respect.

Thomas Jefferson
Jefferson, Thomas
May 11, 05
Washington
Dr. George Logan
Logan, Dr. George

TO DR. GEORGE LOGAN

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Dear Sir,

—I received last night a letter from Mr. Thomas Brannagan 163 S. Water St., Philadelphia, asking my subscription to the work announced in the inclosed paper. 1 The cause in which he embarks is so holy, the sentiments he expresses in his letter so friendly that it is highly painful to me to hesitate on a compliance which appears so small. But that is not it’s true character, and it would be injurious even to his views, for me to commit myself on paper by answering his letter. I have most carefully avoided every public act or manifestation on that subject. Should an occasion ever occur in which I can interpose with decisive effect, I shall certainly know do my duty with promptitude zeal. But in the meantime it would only be disarming myself of influence to be taking small means. The subscription to a book on this subject is one of those little irritating measures, which, without advancing it’s end at all, would, by lessening the confidence good will of a description of friends composing a large body, only lessen my powers of doing them good in the other great relations in which I stand to the publick. Yet I cannot be easy in not answering Mr. Brannagan’s letter, unless he can be made sensible that it is better I should not answer it; I do not know how to effect this, unless you would have the goodness, the first time you go to Philadelphia to see him and to enter into an explanation with him.

I see with infinite pain the bloody schism which has taken place among our friends in Pennsylvania New York, will probably take place in other states. The main body of both sections mean well, but their good intentions will produce great public evil. The minority, whichever section shall be the minority, will end in coalition with the federalists, and some compromise of principle because these will not sell their aid for nothing. Republicanism will thus lose, and royalism gain some portion of that ground which we thought we had rescued to good government. I do not express my sense of our misfortunes from any idea that they are remediable. I know that the passions of men will take their course, that they are not to be controulled but by despotism, that this melancholy truth is the pretext for despotism. The duty of an upright administration is to pursue it’s course steadily, to know nothing of these family dissensions, and to cherish the good principles of both parties. The war ad internecionem which we have waged against federalism has filled our latter ties with strife and unhappiness. We have met it, with pain indeed, but with firmness, because we believed it the last convulsive effort of that hydra which in earlier times we had conquered in the field. But if any degeneracy of principle should ever render it necessary to give ascendancy to one of the rising sections over the other, I thank my God it will fall to some other to perform that operation. The only cordial I wish to carry into my retirement is the undivided good will of all those with whom I have acted. Present me affectionately to Mrs. Logan, and accept my salutations assurance of constant friendship respect. 1

Thomas Jefferson
Jefferson, Thomas
May 21, 1805
Washington
James Sullivan
Sullivan, James

TO JAMES SULLIVAN

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Dear Sir,

—An accumulation of business, which I found on my return here from a short visit to Monticello has prevented till now my acknolegment of your favor of the 14th ulti. This delay has given time to see the result of the contest in your State, I cannot but congratulate you on the advance it manifests, the certain prospect it offers that another year restores Massachusetts to the general body of the nation. You have indeed received the federal unction of lying slandering. But who has not? Who will ever again come into eminent office, unanointed with this chrism? It seems to be fixed that falsehood calumny are to be their ordinary engines of opposition; engines which will not be entirely without effect. The circle of characters equal to the first stations is not too large, will be lessened by the voluntary retreat of those whose sensibilities are stronger than their confidence in the justice of public opinion. I certainly have known, still know, characters eminently qualified for the most exalted trusts, who could not bear up against the brutal hackings hewings of these heroes of Billingsgate. I may say, from intimate knolege, that we should have lost the services of the greatest character of our country, had he been assailed with the degree of abandoned licentiousness now practised. The torture he felt under rare slight attacks, proved that under those of which the federal bands have shewn themselves capable, he would have thrown up the helm in a burst of indignation. Yet this effect of sensibility must not be yielded to. If we suffer ourselves to be frightened from our post by mere lying, surely the enemy will use that weapon; for what one so cheap to those of whose system of politics morality makes no part? The patriot, like the Christian, must learn that to bear revilings persecutions is a part of his duty; and in proportion as the trial is severe, firmness under it becomes more requisite praiseworthy. It requires, indeed, self-command. But that will be fortified in proportion as the calls for it’s exercise are repeated. In this I am persuaded we shall have the benefit of your good example. To the other falsehoods they have brought forward, should they add, as you expect, insinuations of any want of confidence in you from the administration generally, or myself particularly, it will, like their other falsehoods, produce in the public mind a contrary inference. No evidence however of that confidence, which I could furnish should be wanting. An appointment to office would be such. But at present there is no opening for it. No vacancy exists in your own state, and the only office here unfulfilled, has been otherwise tendered, indeed would be incompatible with the views of your state, which destines you for the most distinguished mark of their affection confidence, requiring your residence there. To the nation in general your election will be as gratifying as to that particular state; for never can we consider our union as solid while so important a member as Massachusetts is disaffected. That we may not fail to obtain this accession to our harmony prosperity, nor you so honorable a testimony of the esteem approbation of a respectable state, no one prays more sincerely than I do: and with this assurance I tender you my friendly and respectful salutations.

Thomas Jefferson
Jefferson, Thomas
May 29, 1805
Albert Gallatin
Gallatin, Albert

TO THE SECRETARY OF THE TREASURY (ALBERT GALLATIN.)

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Th. J. to Mr. Gallatin.

I have no information that the Act dividing Orleans into counties is passed. By the papers which came yesterday it appeared to have been twice read and committed. Would not the waters of the Red River form one proper district, and the residuary country another? or the waters of the Red River and the country above and between that and the Mississippi for one, and the residuary country the other?

The financial part of your letter is highly pleasing. There must be something more in this increase of revenue than the natural and war increase; depreciation to a small degree in other countries, a sensible one in this, and a great one in England, must make a part of it, and is a lesson to us to prefer ad valorem to fixed duties. The latter require often retouching, or they become delusive. As to the Orleans revenue, I presume we may consider it as the consumption of 60,000 people and their increase, added to that of 6,000,000 and their increase; for though the former will increase faster than the latter, it will only be by drawing off numbers from them. But, from whatever cause, the increase of revenue is a pleasing circumstance, as it hastens the moment of liberating our revenue, and of permitting us to begin upon canals, roads, college, c. I presume you will locate on your map the Indians from Sibley’s statement; my maps being in the hands of the binder, I cannot do it; but when you shall have done it, I shall be glad to have a consultation with you on the extent to which we may lay off townships, and of the assurance we may give to the Indians included within them. I enclose you a paper at Mr. Madison’s request. Affectionate salutations.

Thomas Jefferson
Jefferson, Thomas
June 1, 1805
Washington
John Daly Burke
Burke, John Daly

TO JOHN DALY BURKE

j. mss.
Sir,

—Your favor of May 26th is received, and I am perfectly disposed to communicate to you the collections I possess as far as their condition will admit. What this is will need explanation.

I have a collection, nearly compleat, of the laws from 1624 to 1662 where Purvis’s printed collection begins. But some of the volumes are in such a state of decay, that the leaf falls to pieces on being turned over. Consequently as they never can be examined but once I reserve that to the moment when the legislature shall decide to have an authentic copy taken. In the meantime I have sewed them up in oil cloth, and seared the joints to preserve them from the air. These being antecedent to Bacon’s Rebellion are not within the period of your desires.

The printed collection of laws in my possession which comprehend the period you mention, to wit, from Bacon’s Rebellion to 1752 are

  • Vol. 1 Purvis’s collection 1662–1682
  • 2 Revisal of 1733 1662–1732
  • 3 Revisal of 1748 1662–1748
  • 4 Revisal of 1768 1662–1768
  • 5 Fugitive sheets published each session 1734–1772

6th, 7th and 8th volumes are of subsequent dates.

The 1st 2d 3d 4th vols. above mentioned are in every lawyer’s hands, therefore you will easily obtain them in your neighborhood. The 5th volume is the only one of which there exists probably no other collection. This fact being generally known, the courts in the different parts of the state are in the practice of resorting to this volume for copies of particular acts called for in the cases before them. For this reason I have always refused to let it go from Monticello not only because it might be lost, but because while it was gone out in the service of one person, many might have occasion to recur to it. But as the depositing it with Governor Page at the seat of government, will keep it within the access of others, and you mention that that deposit will be perfectly convenient for you, it shall be deposited there.

My collection of newspapers is from 1741 downwards. The vols. preceding 1752 shall be sent with the other to Richmond to be used by you either there or at Petersburg according to your convenience. These also being the only collection probably in existence I purchased cherish it with a view to public utility. It is answering one of its principal objects when I put it into your hands, the same public principle will insure your care of it, and it’s restoration to it’s deposit when you shall have taken what you desire from it. I will immediately write to Mr. Randolph to take these books from the library at Monticello, of which he has the key, to have them safely conveyed by water to Govr. Page at Richmond to whom also I will write on the subject. Altho’ I have not yet had time to peruse the volume you have published (for indeed my occupations permit me to read almost nothing) yet occasional recurrence to parts of it the opinions of others who have read it, occasion me to regret that I am not in a situation to give you the benefit of all my materials. Were I residing at home I could do it, and would with pleasure: and should a second edition be called for after my return to live at Monticello, I am persuaded it will be in my power, as it is certainly in my wish, to furnish you with some useful matter, not perhaps to be found elsewhere. I pray you to accept my salutations assurances of great respect.

Thomas Jefferson
Jefferson, Thomas
June 5, 05
Washington
Thomas Paine
Paine, Thomas

TO THOMAS PAINE

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Dear Sir,

—Your letters, No. 1, 2, 3, the last of them dated Apr. 20, were received April 26th. I congratulate you on your retirement to your farm, and still more that it is of a character so worthy of your attention. I much doubt whether the open room on your 2d story will answer your expectations. There will be a few days in the year in which it will be delightful, but not many. Nothing but trees, or Venetian blinds, can protect it from the sun. The semi-cylindrical roof you propose will have advantages. You know it has been practised on the cloth market at Paris. De Lorme, the inventor, shews many forms of roofs in his book to which it is applicable. I have used it at home for a dome, being 120° of an oblong octagon, and in the capitol we unite two quadrants of a Sphere by a semi-cylinder; all framed in De Lorme’s manner. How has your planing machine answered? Has it been tried persevered in by any workmen?

France has become so jealous of our conduct as to St. Domingo (which in truth is only the conduct of our merchants), that the offer to become a mediator would only confirm her suspicions. Bonaparte, however, expressed satisfaction at the paragraph in my message to Congress on the subject of that commerce. With respect to the German redemptioners, you know I can do nothing unless authorized by law. It would be made a question in Congress, whether any of the enumerated objects to which the Constitution authorizes the money of the Union to be applied, would cover an expenditure for importing settlers to Orleans. The letter of the revolutionary sergeant, which you enclosed to me, was attended to by Gen. Dearborne, who wrote to him informing him how to proceed to obtain his land.

Doctr Eustis’s observation to you, that “certain paragraphs in the National Intelligencer ” respecting my letter to you, “supposed to be under Mr. Jefferson’s direction, had embarrassed Mr. Jefferson’s friends in Massachusetts; that they appeared like a half denial of the letter, or as if there was something in it not proper to be owned, or that needed an apology,” is one of those mysterious half-confidences difficult to be understood. That tory printers should think it advantageous to identify me with that paper, the Aurora, c., in order to obtain ground for abusing me, is perhaps fair warfare. But that any one who knows me personally should listen one moment to such an insinuation, is what I did not expect. I neither have, nor ever had, any more connection with those papers than our antipodes have; nor know what is to be in them until I see it in them, except proclamations other documents sent for publication. The friends in Massachusetts who could be embarrassed by so weak a weapon as this, must be feeble friends indeed. With respect to the letter, I never hesitated to avow and to justify it in conversation. In no other way do I trouble myself to contradict anything which is said. At that time, however, there were certain anomalies in the motions of some of our friends, which events have at length reduced to regularity.

It seems very difficult to find out what turns things are to take in Europe. I suppose it depends on Austria, which, knowing it is to stand in the way of receiving the first hard blows, is cautious of entering into a coalition. As to France England we can have but one wish, that they may disable one another from injuring others.

Accept my friendly salutations, assurances of esteem respect.

Thomas Jefferson
Jefferson, Thomas
July 4, 05
Washington

NOTES ON ARMED VESSELS 1

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Notes for consideration for instructions to any armed vessels which may be sent out to protect our commerce on our coasts.

Preliminary questions. Do the laws authorize the putting vessels in commission for the protection of our commerce other than against Tripoli?

If they do not, should we not do it at our risk ask an act of indemnity from Congress?

What vessels? The Adams Baltimore brig for the coast. 2. The for the Mississippi. 3. the for Cuba the Islands.

Instructions.

Cruising grounds.

The frigate brig from St. Mary’s to St. George’s bank, crossing each other always.

The 3d (if to be had) from Florida point to Rio grande.

The 4th (if to be had) round Cuba among the islands.

To respect public ships of war, except when violating the 3. miles jurisdiction.

To confine themselves to privateers.

If they find privateers without commissions, or with irregular or doubtful commissions, bring them in for examination.

If their commissions be regular, and they are found cruising within sight of land warn them to keep without that limit, if found within it after warning bring them as offenders against the law for preserving peace in our harbours waters.

If they have regularly seized an American bottom, inquire if their conduct has been regular, viz.,

Have they plundered the vessel?

maltreated the crew?

separated the master c. from his vessel?

forced the American to send his boat abroad?

Do they refuse to exhibit their commissions, to declare their name, vessel flag or port? In all these cases bring them in for examination.

If they have acted correctly, carry or send the prize the privateer, if a Spaniard to Havana; if French to Sto. Domingo; if English to and deliver them up to the proper tribunal.

If any American citizens are found engaged in the privateers, take them out, keep them in safe custody to be brought home delivered up to justice.

You are not to extend your protection 1. to foreign vessels. 2. to American vessels engaged in the slave trade. 3. to American vessels engaged in any contraband commerce.

The gunboats revenue cutters to be subsidiary.

Aug. 1805

NOTES ON JEFFERSON’S CONDUCT DURING THE INVASION OF VIRGINIA, 1780–1 1

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Richmond, 1780, Dec. 31. At eight a.m. the Governor receives the first intelligence that 27 sail of ships had entered Chesapeake bay were in the morning of the 29th just below Willoughby’s point (the southern cape of James river) their destination unknown.

1781 Jan. 2. At ten a.m. information received that they had entered James river, their advance being at Warrasqueak bay. Orders were immediately given for calling in the militia, ¼ from some, ½ from other counties. The members of the legislature, which rises this day, are the bearers of the orders to their respective counties. The Governor directs the removal of the records, into the country and the transportation of the military stores from Richmond to Westham (on the river 7 miles above) there to be carried across the river.

Jan. 3. At eight p.m. the enemy are said to be a little below Jamestown; convenient for landing if Williamsburg is their object.

4. At five a.m. information is received that they have passed Kennon’s Hood’s the evening before with a strong Easterly wind which determines their object to be either Petersburg or Richmond. The Governor now calls in the whole militia from the adjacent counties.

At five p.m. information that at 2. p.m. they were landed drawn up at Westover (on the North side of the river 25 miles below Richmond) and consequently Richmond their destination. Orders are now given to discontinue waggoning the military stores from Richmond to Westham, to throw them across the river directly at Richmond.

The Governor having attended to this till an hour and a half in the night then rode up to the foundry (1 mile below Westham) ordered Capts. Brush Irish, Mr. Hylton to continue all night waggoning to Westham the arms stores still at the Foundry, to be drawn across the river at Westham, then proceeded to Westham to urge the pressing the transportation there across the river, and thence went to Tuckahoe (8 miles above on the same side of the river) to see after his family which he had sent that far in the course of the day. He arrived there at 1 o’clock in the night.

Jan. 5. Early in the morning he carried his family across the river there, and sending them to Fine creek (8 miles higher up) went himself to Britton’s on the S. side of the river (opposite to Westham) finding the arms c. in a heap near the shore, exposed to be destroyed by cannon from the North bank. He had them removed under cover of a point of land near by. He proceeded to Manchester (opposite to Richmond). The enemy had arrived at Richmond at 1 p.m. Having found that nearly the whole arms had been got there from Richmond, he set out for Chetwood’s to meet with Baron Steuben, who had appointed that place as a rendezvous headquarters; but not finding him there, understanding he would be at Colo. Fleming’s (six miles above Britton’s) he proceeded thither. The enemy had now a detachment at Westham, and sent a deputation from the city of Richmond to the Governor, at Colo. Fleming’s to propose terms for ransoming the safety of the city, which terms he rejected.

Jan. 6. The Governor returned to Britton’s, had measures taken more effectually to secure the books papers there. The enemy having burnt some houses stores, left Richmond, after 24 hours stay there, encamped at Four mile creek (8 or 10 miles below) the Governor went to look to his family at fine creek.

Jan. 7. He returned to Britton’s to see further to the arms there, exposed on the ground to heavy rains which had fallen the night before then proceeded to Manchester, lodged there. The enemy encamped at Westover.

Jan. 8. At half after 7 a.m. he crossed over to Richmond, resumed his residence there. The enemy are still retained in their encampment at Westover by an Easterly wind. Colo. John Nicholas has now 300 militia at the Forest (6 miles off from Westover,) Genl. Nelson 200 at Charles city courthouse (8 miles below Westover), Gibson 1000 and Baron Steuben 800 on the South side the river.

Jan. 9. The enemy are still in camp at Westover.

Jan. 10. At one p.m. they embarked: and the wind having shifted a little to the North of the West, pretty fresh, they fall down the river. Baron Steuben marches for Hood’s where their passage may be checked. He reaches Land’s mills in the evening, within 9 miles of Hood’s.

Jan. 11. At 8 a.m. the wind due West strong they make good their retreat.

During this period time and place have been minutely cited, in order that those who think there was any remissness in the movements of the Governor, may lay their finger on the point and say when where it was. Hereafter less detail will suffice.

Soon after this, General Phillips having joined Arnold with a reinforcement of 2000 men, they advanced again up to Petersburg, about the last of April to Manchester. The Governor had remained constantly in and about Richmond, exerting all his powers for collecting militia, and providing such means for the defence of the state as it’s exhausted resources admitted. Never assuming a guard, with only the river between him the enemy, his lodgings were frequently within 4, 5 or 6 miles of them.

M. De Lafayette, about this time, arrived at Richmond with some Continental troops, with which, the militia collected, he continued to occupy that place, and the North bank of the river, while Phillips Arnold held Manchester the South bank. But Lord Cornwallis, about the middle of May joining them with the main Southern army, M. de Lafayette was obliged to retire. The enemy crossed the river advanced up into the country about 50 miles, within 30 miles of Charlottesville, at which place the legislature being to meet in June, the Governor proceeded to his seat at Monticello, 2 or 3 miles from it. His office was now near expiring, the country under invasion by a powerful army, no services but military of any avail, unprepared by his line of life education for the command of armies, he believed it right not to stand in the way of talents better fitted than his own to the circumstances under which the country was placed. He therefore himself proposed to his friends in the legislature, that Gen. Nelson, who commanded the militia of the state, should be appointed Governor, as he was sensible that the union of the civil military power in the same hands at this time, would greatly facilitate military measures. This appointment accordingly took place on the 12th of June 1781.

This was the state of things, when, his office having actually expired, no successor not yet in place, Colo. Tarleton, with his regiment of horse, was detached by Ld. Cornwallis to surprise Mr. Jefferson, (whom they thought still in office) and the Legislature now sitting in Charlottesville. The Speakers of the two houses, some other members of the legislature were lodging with Mr. Jefferson at Monticello. Tarleton, early in the morning, (June 23, 1781) when within 10 miles of that place, detached a company of horse to secure him his guests, and proceeded himself rapidly with his main body to Charlottesville, where he hoped to find the legislature unapprised of his movement. Notice of it, however, had been brought, both to Monticello Charlottesville, about sunrise. The Speakers, with their Colleagues, returned to Charlottesville, and with the other members of the legislature, had barely time, to get out of his way. Mr. Jefferson sent off his family to secure them from danger, and was himself still at Monticello making arrangements for his own departure when Lieutt. Hudson arrived there at half speed, informed him the enemy were then ascending the hill of Monticello. He departed immediately, knowing that he would be pursued if he took the high road, he plunged into the woods of the adjoining mountain, where being at once safe, he proceeded to overtake his family. This is the famous adventure of Carter’s mountain, which has been so often resounded through the slanderous chronicles of federalism. But they have taken care never to detail the facts, lest these should shew that this favorite charge amounted to nothing more than that he did not remain in his house, and there singly fight a whole troop of horse, or suffer himself to be taken prisoner. Having accompanied his family one day’s journey, he returned to Monticello. Tarleton had retired after 18 hours stay in Charlottesville. Mr. Jefferson then rejoined his family, and proceeded with them to an estate he had in Bedford, about 80 miles SW where, riding in his farm some time after, he was thrown from his horse, disabled from riding on horseback for a considerable time. But Mr. Turner finds it more convenient to give him this fall in his retreat before Tarleton, which had happened some weeks before, as a proof that he withdrew from a troop of horse with a precipitancy which Don Quixot would not have practised.

The facts here stated most particularly, with date of time and place, are taken from the notes made by the writer hereof, for his own satisfaction, at the time: the others are from memory, but so well recollected that he is satisfied there is no material fact misstated. Should any person undertake to contradict any particular on evidence which may at all merit the public respect, the writer will take the trouble (tho’ not at all in the best situation for it) to produce the proofs in support of it. He finds indeed that of the persons whom he recollects to have been present on these occasions, few have survived the intermediate lapse of four and twenty years. Yet he trusts that some, as well as himself, are yet among the living; and he is positively certain that no man can falsify any material fact here stated. He well remembers indeed that there were then, as there are at all times, some who blamed everything done contrary to their own opinion, althou’ their opinions were formed on a very partial knowledge of facts. The censures which have been hazarded by such men as Mr. Turner, are nothing but revivals of these half informed opinions. Mr. George Nicholas, then a very young man, but always a very honest one, was prompted by these persons to bring specific charges against Mr. Jefferson. The heads of these in writing were communicated thro’ a mutual friend to Mr. Jefferson, who committed to writing also the heads of justification on each of them. I well remember this paper, believe the original of it still exists, and tho’ framed when every real fact was fresh in the knolege of everyone, this fabricated flight from Richmond was not among the charges stated in this paper, nor any charge against Mr. Jefferson for not fighting singly the troop of horse. Mr. Nicholas candidly relinquished further proceeding. The House of Representatives of Virginia pronounced an honorable sentence of entire approbation of Mr. Jefferson’s conduct, and so much the more honorable as themselves had been witnesses to it. And Mr. George Nicholas took a conspicuous occasion afterwards, of his own free will, when the matter was entirely at rest, to retract publicly the erroneous opinions he had been led into on that occasion, to make just reparation by a candid acknolegement of them.

Thomas Jefferson
Jefferson, Thomas
Aug. 4, 05
Monticello
James Madison
Madison, James

TO THE SECRETARY OF STATE (JAMES MADISON.)

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Dear Sir:

—On my return from Bedford two days ago I received your favor of July 24 and learnt with sincere regret that Mrs. Madison’s situation required her going to Philadelphia. I suppose the choice between Physic and Baynham was well weighed. I hope the result will be speedy salutary, and that we shall see you in this quarter before the season passes over.

A letter from Charles Pinckney of May 22 informs me that Spain refuses to settle a limit, perseveres in withholding the rectification of the convention. He says not a word of the status quo, from which I conclude it has not been proposed. I observe by the papers that Dalton is arrived with the public dispatches, from which we shall know the particulars. I think the status quo, if not already proposed, should be immediately offered through Bowdoin. Should it even be refused, the refusal to settle a limit is not of itself a sufficient cause of war, nor is the withholding a ratification worthy of such a redress. Yet these acts shew a purpose both in Spain France against which we ought to provide before the conclusion of a peace. I think therefore we should take into consideration whether we ought not immediately to propose to England an eventual treaty of alliance, to come into force whenever (within years) a war shall take place with Spain or France. It may be proper for the ensuing Congress to make some preparations for such an event, and it should be in our power to shew we have done the same. This for your consideration.

Mr. Wagner writes me that two black convicts from Surinam are landed at Philadelphia. Being on the spot you will have a better opportunity of judging what should be done with them. To me it seems best that we should send them to England with a proper representation against such a measure. If the transportation is not within any of the regular appropriations it will come properly on the contingent fund. If the law does not stand in the way of such an act, you think as I do, it may be immediately carried into execution. Accept for Mrs. Madison yourself my affectionate salutations assurances of constant esteem respect. 1

Thomas Jefferson
Jefferson, Thomas
Aug. 7, 1805
Monticello
Albert Gallatin
Gallatin, Albert

TO THE SECRETARY OF THE TREASURY (ALBERT GALLATIN.)

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Dear Sir,

—You have probably learnt through other channels that our Commissioners to Spain have terminated their mission without success in a single point. I have desired Mr. Madison to send you the papers, and when you shall have perused them I will ask a communication of your general view of what is expedient for us to do. I ask the same of the other gentlemen. When I shall have received them it will enable me to form precise points on which to ask their ultimate judgment. This will employ some time; but the case is serious, and is entitled to time and mature consideration.

P. S. It seems essential to our success with England that we should not be understood as absolutely committed to war with Spain.

Thomas Jefferson
Jefferson, Thomas
Aug. 25, 1805
Monticello
James Madison
Madison, James

TO THE SECRETARY OF STATE (JAMES MADISON.)

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Dear Sir,

—I confess that the enclosed letter from General Turreau excites in me both jealousy offence in undertaking, without apology, to say in what manner we are to receive and treat Moreau within our own country. Had Turreau been here longer he would have known that the national authority pays honors to no foreigners. That the State authorities, municipalities and individuals, are free to render whatever they please, voluntarily, free from restraint by us; he ought to know that no part of the criminal sentence of another country can have any effect here. The style of that government in the Spanish business, was calculated to excite indignation; but it was a case in which that might have done injury. But the present is a case which would justify some notice in order to let them understand we are not of those powers who will receive execute mandates. I think the answer should shew independence as well as friendship. I am anxious to receive the opinions of our brethren after their review consideration of the Spanish papers. I am strongly impressed with a belief of hostile treacherous intentions against us on the part of France, and that we should lose no time in securing something more than a mutual friendship with England.

Not having heard from you for some posts, I have had a hope you were on the road consequently that Mrs. Madison was re-established. We are now in want of rain, having had none in the last ten days. In your quarter I am afraid they have been much longer without it. We hear great complaints from F. Walker’s Lindsay’s, Maury’s, c., of drought. Accept affectionate salutations, assurances of constant friendship.

P. S. I suppose Kuhn, at Genoa, should have new credentials.

Thomas Jefferson
Jefferson, Thomas
Aug. 27, 05
Monticello
James Madison
Madison, James

TO THE SECRETARY OF STATE (JAMES MADISON.)

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Dear Sir,

—Yours of the 20th has been received, and in that a letter from Casinove, and another from Mrs. Ciracchi; but those from Turreau and to Yrujo were not enclosed. Probably the former was what came to me by the preceding post, respecting Moreau; if so, you have my opinion on it in my last. Considering the character of Bonaparte, I think it material at once to let him see that we are not one of the powers who will receive his orders.

I think you have misconceived the nature of the treaty I thought we should propose to England. I have no idea of committing ourselves immediately or independently of our further will to the war. The treaty should be provisional only, to come into force on the event of our being engaged in war with either France or Spain during the present war in Europe. In that event we should make common cause, England should stipulate not to make peace without our obtaining the objects for which we go to war to wit, the acknolegment by Spain of the rightful boundaries of Louisiana (which we should reduce to our minimum by a secret article) and 2, indemnification for spoliations, for which purpose we should be allowed to make reprisal on the Floridas retain them as an indemnification. Our co-operation in the war (if we should actually enter into it) would be a sufficient consideration for Great Britain to engage for it’s object; and it being generally known to France Spain that we had entered into treaty with England, would probably ensure us a peaceable immediate settlement of both points. But another motive much more powerful would indubitably induce England to go much further. Whatever illhumor may at times have been expressed against us by individuals of that country, the first wish of every Englishman’s heart is to see us once more fighting by their sides against France; nor could the king or his ministers do an act so popular as to enter into an alliance with us. The nation would not weigh the consideration by grains scruples. They would consider it as the price pledge of an indissoluble course of friendship. I think it possible that for such a provisional treaty they would give us their general guarantee of Louisiana the Floridas. At any rate we might try them. A failure would not make our situation worse. If such a one could be obtained we might await our own convenience for calling up the casus fœderis. I think it important that England should receive an overture as early as possible, as it might prevent her listening to terms of peace. If I recollect rightly, we had instructed Monroe, when he went to Paris, to settle the deposit; if he failed in that object to propose a treaty to England immediately. We could not be more engaged to secure the deposit then than we are the country now, after paying 15. millions for it. I do expect, therefore, that, considering the present state of things as analogous to that, virtually within his instructions, he will very likely make the proposition to England. I write my thoughts freely, wishing the same from the other gentlemen, that seeing considering the ground of each other’s opinions we may come as soon as possible to a result. I propose to be in Washington on the 2d of October. By that time I hope we shall be ripe for some conclusion.

I have desired Mr. Barnes to pay my quota of expenses relating to the Marseilles cargo, whatever you will be so good as to notify him that it is. I wish I could have heard that Mrs. Madison’s course of recovery were more speedy. I now fear we shall not see you but in Washington. Accept for her yourself my affectionate salutations, assurances of constant esteem respect.

Thomas Jefferson
Jefferson, Thomas
Sep. 16, 1805
Monticello
James Madison
Madison, James

TO THE SECRETARY OF STATE (JAMES MADISON.)

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Dear Sir,

—The enclosed letter from General Armstrong furnishes matter for consideration. You know the French considered themselves entitled to the Rio Bravo, that Laussat declared his orders to be to receive possession to that limit, but not to Perdido; that France has to us been always silent as to the Western boundary, while she spoke decisively as to the Eastern. You know Turreau agreed with us that neither party should strengthen themselves in the disputed country during negociation; and Armstrong, who says Monroe concurs with him, is of opinion, from the character of the Emperor, that were we to restrict ourselves to taking the posts on the west side of the Missipi. threaten a cessation of intercourse with Spain, Bonaparte would interpose efficiently to prevent the quarrel going further. Add to these things the fact that Spain has sent 500. colonists to St. Antonio, 100 troops to Nacogdoches, probably has fixed or prepared a post at the Bay of St. Bernard, at Matagordo. Supposing, then, a previous alliance with England to guard us in the worst event, I should suppose that Congress should pass acts, 1, authorizing the Exve. to suspend intercourse with Spain at discretion; 2, to dislodge the new establishments of Spain between the Missipi. Bravo; and 3, to appoint commrs. to examine ascertain all claims for spoliation that they might be preserved for future indemnification. I commit these ideas merely for consideration, that the subject may be matured by the time of our meeting at Washington, where I shall be myself on the 2d of October. I have for some time feared I should not have the pleasure of seeing you either in Albemarle or Orange, from a general observation of the slowness of surgical cases. However, should Mrs. Madison be well enough for you to come to Orange, I will call on you on my way to Washington, if I learn you are at home. Genl. Dearborne is here. His motions depend on the stage. Accept for Mrs. M. yourself affectionate salutations.

P. S. I am afraid Bowdoin’s journey to England will furnish a ground for Pinckney’s remaining at Madrid. I think he should be instructed to leave it immediately, Bowdoin might as well, perhaps, delay going there till circumstances render it more necessary.

Thomas Jefferson
Jefferson, Thomas
Oct. 11, 05
Washington
James Madison
Madison, James

TO THE SECRETARY OF STATE (JAMES MADISON.)

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Dear Sir.

—The only questions which press on the Executive for decision are whether we shall enter into a provisional alliance with England to come into force only in the event that during the present war we become engaged in war with France? leaving the declaration of the casus federis ultimately to us. Whether we shall send away Yrujo, Casacalvo, Morales? Whether we shall instruct Bowdoin not to go to Madrid until further orders? But we are all of opinion that the first of these questions is too important too difficult to be decided but on the fullest consideration, in which your aid and council should be waited for. I sincerely regret the cause of your absence from this place, and hope it will soon be removed; but it is one of those contingencies from the effects of which even the march of public affairs cannot be exempt. Perhaps it would not be amiss to instruct Bowdoin to await at London further orders; because if we conclude afterwards that he should proceed, this may follow the other instruction without delay. 1

I am glad we did not intermeddle with Armstrong’s decision against the insurance companies. I am told these companies have a great mixture of English subscribers. If so, the question becomes affected by the partnership. What is become of our hermitage? As you are in the neighborhood of Butler I presume the claim upon us could be easily settled apportioned. Present my respects to Mrs. Madison my prayers for her speedy perfect re-establishment and accept yourself affectionate salutations.

Thomas Jefferson
Jefferson, Thomas
October 23, 1805
Albert Gallatin
Gallatin, Albert

TO THE SECRETARY OF THE TREASURY (ALBERT GALLATIN.)

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Th. J. to Mr. Gallatin.

I send for your perusal another letter of Mr. Madison, which I will ask the favor of you to return immediately with the one sent on Saturday, and on which it is necessary to act.

The war on the Continent of Europe appears now so certain, and that peace is at least one year off, that we are now placed at our ease in point of time. We may make another effort for a peaceable accommodation with Spain without the danger of being left alone to cope with both France and Spain; and even if we are driven to war, it is now much more questionable than it was whether we had not better enter into it without fettering ourselves with an alliance, that we may be free to retire whenever our terms can be obtained. Peace cannot now be made in Europe but by a general convention, and that will take best part of a twelvemonth to arrange. Our question now is in what way to give Spain another opportunity of arrangement? Is not Paris the place? France the agent? The purchase of the Floridas the means? Affectionate salutations.

Thomas Jefferson
Jefferson, Thomas
Oct. 25, 1805
Washington
Wilson Cary Nicholas
Nicholas, Wilson Cary

TO WILSON CARY NICHOLAS

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Dear Sir,

—Immediately on my arrival here I examined my papers found that I had delivered up to the Treasury the copy of the judgment against Robinson’s administrators. I took the first opportunity therefore of speaking to Mr. Gallatin desiring him to transmit it to you. He did not recollect the receipt of it, but promised to have it searched for, from him therefore you will receive it.

It seems now certain there will be an extensive war on the continent of Europe. We shall avail ourselves of the time which this event gives us to bring Spain peaceably to reason, I believe there is a way of doing it with dignity effect. Should it even fail, we shall still be in time to do ourselves justice if the case shall call for it. This new state of things is the more fortunate in proportion as it would have been disagreeable to have proposed closer connections with England at a moment when so much just clamour exists against her for her new encroachments on neutral rights. Accept affectionate salutations assurances of great esteem respect.

Thomas Jefferson
Jefferson, Thomas
Nov. 14, 1805

CABINET DECISION ON SPAIN

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1. Spain shall cede confirm to the US. East West Florida with the islands waters thereon depending shall deliver possn. immedly.

2. The US. shall pay to Spain in the city of Madrid on delivery of possn. 5. M. D. within Months after the treaty shall have been ratified by Spain.

3. Spain France to have the same privileges respecting trade in the Floridas as [ illegible ] in Louisa.

4. The boundary between the territories of Orleans Louisiana on the one side the domns. of Spain on the other shall be the river Colorado 1 from its mouth to it’s source thence due N. to the highlands inclosing the waters which run directly or indirectly into the Missouri or Misipi rivers, along those highlands as far as they border on the Span. domns.

5. The country between the Western boundary of the territories of Orleans on the one side— Louis a . on the other (the Rio Bravo Eastern or Salt river branch thereof Rio Colorado) from its main source by the shortest coast to the highlands before ment d . as the sd. Western bound y . shall remain unsettled for 30 years from the date of this treaty.

6. Spain shall pay to the US. in the city of Wash n . on or before the last day of Dec. 1807. 4. M s . D. as an indemnific n . acquittance for all Spolians comm d . under her flag on the citizens of the US. prior to the 1st day of Nov. 1805. with interest thereon from the date of this treaty, for the faithful perform ce . thereof she hypothecates to the US. the country described in the 5th article.

7. The US. in the mean time undertake to advance to their citizens the interest on their respective claims for such spolitns. to be settled by authority of the US. and in the event of a failure by Spain to pay the sd. 4. M. inst. as before stipulated, the country described in the 5th Art. shall stand ipso facto vested in the US. who shall be ansable. to their citizens for their just demands as settled by the 7th Art., all interest past to come, so that Spain by the forfeiture of the sd. country shall stand liberated from all demands of principal or interest past or to come for the sd. spolians. but the US. shall permit no settlemt. within the sd. country for the term of 30. years before mentioned.

Thomas Jefferson
Jefferson, Thomas
Dec. 3, 1805

DRAFT OF FIFTH ANNUAL MESSAGE 1

To the Senate House of Representatives of the U. S. of America.

At a moment when the nations of Europe are in commotion arming against each other, when those with whom we have principal intercourse are engaged in the general contest, and when the countenance of some of them towards our peaceable country, threatens that even that may not be unaffected by what is passing on the general theatre, a meeting of the representatives of the nation in both Houses of Congress has become more than usually desirable. Coming from every section of our country, they bring with them the sentiments the information of the whole, will be enabled to give a direction to the public affairs which the will the wisdom of the whole will approve support.

In taking a view of the state of our country, we, in the first place, notice the late affliction of two of our cities under the fatal fever which in latter times has occasionally visited our shores. Providence in his goodness gave it an early termination on this occasion, lessened the number of victims which have usually fallen before it. In the course of the several visitations by this disease, it has appeared that it is strictly local, incident to cities on the tide waters only, incommunicable in the country either by persons under the disease, or by goods carried from diseased places: that it’s access is with the autumn, and it disappears with the early frosts. These restrictions, within narrow limits of time space, give security, even to our maritime cities, during three fourths of the year, to the country always. Altho’ from these facts it appears unnecessary, yet, to satisfy the fears of foreign nations, cautions on their part not to be complained of in a danger whose limits are yet unknown to them, I have strictly enjoined on the officers at the head of the customs to certify with exact truth, for every vessel sailing for a foreign port, the state of health respecting this fever which prevailed at the place from which she sailed. Under every motive from character duty to certify the truth, I have no doubt they have faithfully executed this injunction. Much real injury has however been sustained from a propensity to identify with this endemic, to call by the same name, fevers of very different kinds which have always been known at all times and in almost all countries, never have been placed among those deemed infectious contagious. As we advance in our knolege of this disease, as facts develop the source from which individuals receive it, the state authorities charged with the care of the public health Congress with that of the general commerce, will become able to regulate with effect their respective functions in these departments. The burthen of quarantines is at home as well as abroad. The efficacy merits examination. Altho’ the health laws of the states should be found to need no present revisal by Congress yet, commerce claims that their attention be ever awake to them.

Since our last meeting the aspect of our foreign relations has considerably changed. Our coasts have been infested, and our harbors blockaded watched by private armed vessels, some of them without commissions, some with legal commissions, others with those of legal form, but committing piratical acts beyond the authority of their commissions. They have captured in the very entrance of our harbors, as well as on the high seas, not only the vessels of our friends coming to trade with us, but our own also. They have carried them off under pretence of legal adjudication, but not daring to approach a court of justice, they have plundered sunk them by the way, or in obscure places, where no evidence could arise against them, maltreating the crews, abandoning them in boats in the open sea, or on desert shores, without food or covering. These enormities not appearing to be under the unreached by any control of their sovereigns, I found it necessary to equip a force, to cruise within our own seas, to arrest all vessels of these descriptions found hovering on our coasts, within the limits of the Gulf stream, and to bring the offenders in for trial as pirates. The rumor of such an armament most of them they disappeared from our coasts, but they still carry on the same predatory practices in the neighboring seas. The subsequent disappearance has relieved the navigation on our coasts.

The same system of hovering on our coasts, beleaguering our harbors, under color of seeking enemies, has been also carried on by public armed ships, to the great annoyance and oppression of our commerce. New principles too have been interpolated into the law of nations founded neither in justice, nor the usage or acknolegement of nations, which if pursued in practice, prostrate the navigation of the neutral and make him merely subservient to the purposes of a belligerent. According to these, a belligerent takes to itself a commerce with it’s own enemy, which it denies to a neutral on the ground of its aiding that enemy to carry on in the war. But reason revolts at such an inconsistency. And the neutral having equal right with the belligerent to decide the question, the interest of our constituents and the duty of maintaining the authority of Reason, the only umpire between just nations, impose on us the obligation of providing an effectual determined opposition to a doctrine so injurious to peaceable nations, injurious to the rights of peaceable nations. Indeed the confidence we ought to have in the justice of others still countenances the hope we ought still to hope that the respect for justice which all people profess to entertain, that a sounder view of those rights will of itself induce from every belligerent a more correct observance of them.

With Spain our negotiations for the settlement of differences have not had a satisfactory issue. Spoliations during the former war for which she had formally acknoleged herself responsible, have been refused to be compensated, but on conditions affecting other claims in no wise connected with them. Similar aggressions are now renewed multiplied both in Europe America. Yet the same practices are renewed in the present war, and are already of great amount. On the Mobile our commerce passing through that river continues to be obstructed by arbitrary duties vexatious searches. Propositions for adjusting amicably the boundaries of Louisiana have not been acceded to. While however the right is unsettled, we have avoided changing the state of things, by taking new coasts, or strengthening ourselves in the disputed territories in the hope that the other power would not, by a contrary conduct, oblige us to meet their example, and endanger conflicts of authority, the issue of which may not be easily entirely controulled. But in this hope too we have been disappointed: now reason to lessen our confidence. Inroads have been recently made into the territories of Orleans the Mississippi. Our citizens have been seized and their property plundered in the very parts of the former which had been actually delivered up by Spain, the imprisonment of our citizens plundering their property, and all this by the regular officers souldiers of that government. I have obliged me therefore found it necessary at length to give orders to our troops on that frontier to be in readiness to give aid for the protection protect our citizens, and to repel by arms any similar aggressions in future. Other particulars details necessary for your information of the state of things between this country that, shall be the subject of another communication.

In reviewing these injuries from some of the belligerent powers, the moderation, the firmness the wisdom of the legislature will all be called into action. We ought still to hope that time a more correct estimate, of interests as well as of character, will produce the justice we are bound to expect. But should any nation deceive itself by false calculations and disappoint that expectation, we must join in the unprofitable contest, as unprofitable as it is immoral, of trying which party can do the other the most harm. Some of these injuries may perhaps admit a peaceable remedy. Where that is competent it is always the most desirable. We may suspend intercourse with nations which harass it by stem. We may tax the commerce of the wrong doers to relieve the individuals wronged. We may pass a navigation act, adapted to our position circumstances, only avoiding to confound the just with the unjust. But some of them are of a nature to be met by force only, all of them may lead to it. I cannot therefore but recommend such preparations as circumstances call for. The first object is to place our seaport towns out of the danger of insult. I have already given orders Measures have been already taken for furnishing them with a sufficient number of heavy cannon on travelling carriages, for the service of such land batteries as may prevent armed vessels from approaching or injuring them make a part of their defence against armed vessels approaching them. In aid of these will be requisite it is desirable we should have a competent number of gunboats: the number, to be competent, must be considerable. Experience has proved their utility no longer doubtful: and If immediately begun, they may be in readiness for service at the opening of the next season. Whether it will be necessary to augment our land forces, will probably be decided by occurrences probably in the course of your session. In the meantime you will consider whether it would not be expedient, for a state of peace as well as of war, so to organize or class or marshall the militia, as would enable us on any sudden emergency, to call for the services of the younger portions, unencumbered with the old and those burthened with having families. Upwards of three hundred thousand able bodied men, between the ages of eighteen twenty-six years, which the last Census shews we may now count within our limits, will furnish a competent number for offence or defence, in any point where they may be wanted, and will give time for raising regular forces, after the necessity of them shall become certain, and the reducing to the early period of life all its active service, cannot but be desirable to our younger citizens of all times of the present an to come as well as future times, inasmuch as it engages to them in more advanced life age a quiet and undisturbed repose in the bosom of their families. I cannot then but earnestly exhort you recommend to take under your earliest early consideration the expediency of so modifying our militia system as, by a separation of the more active from the inactive part from that which is less so, we may draw from it, when necessary, an efficient corps, fit for real and active service, to be called to it in regular rotation.

Considerable provision has been made under former authorities from Congress, of materials for the construction of ships of war of 74 guns. These materials are on hand, subject to the further will of the legislature.

An immediate prohibition of the exportation of arms ammunition is also submitted to your determination.

Turning from these unpleasant views of violence and wrong I congratulate you on the liberation of our fellow citizens who were stranded on the coast of Tripoli made prisoners of war. In a government bottomed on the will of all, the life liberty of every individual citizen becomes interesting to all. In the treaty therefore which has concluded our warfare with that state an article for the ransom of our citizens has been agreed to. An operation by land, in conjunction with the ex-basha of An operation by land, by a small band of our countrymen others engaged for the occasion in conjunction with the troops of the ex-basha of that country, gallantly conducted by our late consul Eaton and their successful enterprise on the important city of Derne, contributed doubtless to the impression which produced peace: and the conclusion of this prevented opportunities of which the officers and men of our squadron destined for Tripoli would have availed themselves, to emulate the acts of valour exhibited by their brethren in the attack of the last year. Reflecting with high satisfaction on the distinguished bravery displayed whenever occasions permitted in the late Mediterranean service, I think it would be an useful encouragement to make an opening for some present promotion, by enlarging our peace establishment of captains and lieutenants to the number of frigates which were retained for service by the act of 1801.

With Tunis some misunderstandings have arisen not yet sufficiently explained understood here. But friendly explanations discussions with their ambassador, recently arrived, and a mutual disposition to do whatever is just reasonable, cannot fail of dissipating these. So that we may consider our peace on that coast, generally, to be on as sound a footing as it has been at any preceding time. Still it will not be expedient to withdraw immediately the whole of our force from that sea.

The law providing for a naval peace establishment fixes the number of frigates which shall be kept in constant service in time of peace: and prescribes that they shall be manned by not more than two-thirds of their complement of seamen ordinary seamen. Whether a frigate may be trusted to two-thirds only of its proper complement of men must depend on the nature of the service on which she is ordered. She may sometimes for her safety so as to insure her object, require her fullest complement. In adverting to this subject Congress will perhaps consider whether the best limits on the executive discretion in this case would not be by the number of seamen which may be employed in the whole service, rather than the number of vessels. Occasions oftener arise for the emploiment of small rather than of large vessels: and it would lessen risk as well as expense to be authorized to employ them of preference. The limits suggested by the number of seamen would admit a selection of vessels best adapted to the service.

Our Indian neighbors are advancing, many of them, with spirit, others beginning to engage, in the pursuits of agriculture household manufacture. They are becoming sensible that the earth yields subsistence with less labor more of certainty than the forest: and find it their interest from time to time to dispose of parts of their surplus waste lands for the means of improving those they occupy, and of subsisting their families while they are preparing their farms. Since your last session the northern tribes have sold to us the lands between the Connecticut reserve the former Indian boundary, and those on the Ohio, from the same boundary to the Rapids, for a considerable depth inland. The Chickasaws Cherokees have sold us their rights north of the Tennessee, from the Ohio, to the Natchez road country between the two districts of and adjacent to the two districts of Tennessee, and the Creeks the residue of their lands in the fork of Ocmulgee up to the Ulcofauhatche. The three former purchases are important, inasmuch as they consolidate disjoined parts of our settled country. and render their intercourse secure: and the second particularly so, as with the small point on the river which we expect is by this time ceded by the Piankeshaws, it completes our possession of the whole of both banks of the Ohio, from its source to near it’s mouth, and the navigation of that river is thereby rendered forever safe in all its parts to our citizens settled settling on it’s extensive waters. The purchase from the Creeks too has been for some time peculiarly interesting to the state of Georgia.

The several treaties which have been mentioned will be submitted to both houses of Congress for the exercise of their respective functions.

Deputations, now on their way to the seat of government, from various nations of Indians inhabiting the Missouri other parts beyond the Mississippi bring us come charged with assurances of their satisfaction with the new relations in which they are placed with us, of their dispositions to cultivate our peace friendship, their desire to enter into commercial intercourse with us.

A state of our progress in exploring the principal rivers of that country, of the information respecting them hitherto received, obtained will be communicated so soon as we shall receive some further particulars relations which we have reason shortly to expect.

The receipts at the Treasury during the year ending on the 30th day of Sep. last have exceeded the sum of thirteen millions of Dollars, which, with not quite five millions in the Treasury at the beginning of the year, have enabled us after meeting other demands, to pay nearly two millions of the debt contracted under the British treaty and convention, upwards of four millions of principal of the public debt, four millions of Interest. These paiments, with those which had been made in three years and an half preceding, have extinguished of the funded debt nearly eighteen millions of principal.

Congress, by their act of Nov. 10, 1803, authorized us to borrow 1,750,000 Dollars towards meeting the claims of our citizens assumed by the convention, with France. We have not however made use of this authority: because the sum of four millions and an half, which remained in the Treasury on the same 30th day of Sep. last, with the receipts which we may calculate on for the ensuing year, besides paying the annual sum of eight millions of Dollars, appropriated to redeem the funded debt as fast as the original contracts permit, meeting all the current demands which may be expected, will enable us to pay the whole sum of three millions seven hundred fifty thousand Dollars assumed by the French convention still leave us a surplus of nearly a million of dollars at our free disposal. Should you concur in the provisions of arms armed vessels recommended by the circumstances of the times, this surplus will furnish the means of doing so. 1

The duties composing the Mediterranean fund will cease, by the law which established them, three months after the ratification of a treaty of peace with the regency of Tripoli. The surplus already yielded by our permanent revenue renders unnecessary this addition to it. It might perhaps be thought improvident to discontinue taxes at a moment when we may want these more for the purposes of war. But if we never discontinue taxes while there is a cloud of war visible in our horizon, all taxes will become perpetual. If war is to come upon us, we must meet it with system, into which this fragment of duty could enter for little or nothing. Whenever war supervenes, it will be the war of our constituents, which, forced on them by the injustice of other nations, we need not fear they will be wanting to their own interests safety.

Considering however that the Mediterranean fund is levied on luxuries used chiefly by the rich, and that we have an impost on salt which falls more heavily on the poor, especially on the farmer, I recommend to your consideration whether it would not be better to commute these duties, not materially different in amount by consolidating the Mediterranean with the general fund suppressing instead of that the duty on salt.

On this first occasion of addressing Congress, since by the choice of my constituents, I have entered on a second term of administration, I embrace the opportunity to give this public assurance that I will exert my best endeavours to administer faithfully the executive department, will zealously cooperate with you in every measure which may tend to secure the liberty, property personal safety of our fellow-citizens, to consolidate the republican forms principles of our government.

In the course of your session you shall receive all the aid which I can give for the despatch of the public business, and all the information necessary for your deliberations, of which the interests of our own country the confidence reposed in us by others will admit a communication.

Thomas Jefferson
Jefferson, Thomas
Dec. 6, 1805

CONFIDENTIAL MESSAGE ON SPAIN 1

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To the Senate House of Representatives of the U. S.:

The depredations which had been committed on the commerce of the U. S. during a preceding war, by persons under the authority of Spain, are sufficiently known to all. These made it a duty to require from that government indemnifications for our injured citizens. A convention was accordingly entered into between the minister of the U. S. at Madrid the minister of that government for foreign affairs, by which it was agreed that spoliations committed by Spanish subjects carried into ports of Spain should be paid for by that nation; that those committed by French subjects, carried into Spanish ports should remain for further discussion. Before this Convention was returned to Spain with our ratification, the transfer of Louisiana by France to the U. S. took place, an event as unexpected as disagreeable to Spain. From that moment she seemed to change her conduct dispositions towards us. It was first manifested by her protest against the right of France to alienate Louisiana to us, which however was soon retracted, and the right confirmed. Then high offence was manifested at the act of Congress establishing a collection district on the Mobile, altho’ by an authentic declaration immediately made, it was expressly confined to our acknoleged limits. And she now refused to ratify the Convention signed by her own minister under the eye of his sovereign, unless we would relinquish all consent to alterations of it’s terms which would have affected our claims against her for the spoliations by French subjects carried into Spanish ports.

To obtain justice, as well as to restore friendship, I thought a special mission advisable, accordingly appointed James Monroe, Minister Extraordinary Plenipotentiary, to repair to Madrid, in conjunction with our minister resident there, to endeavour to procure a ratification of the former Convention, to come to an understanding with Spain as to the boundaries of Louisiana. It appeared at once that her policy was to reserve herself for events, in the meantime to avoid all explanations and engagements to keep our differences in an undetermined state. This will be evident from the papers now communicated to you. After yielding to their delays until their object could no longer be doubted nearly five months of fruitless endeavor to bring them to some definite accommodation and satisfactory result our ministers ended the conferences, without having been able to obtain indemnity for spoliations of any description, or any satisfaction as to the boundaries of Louisiana, other than a declaration on their part that we had no rights Eastward of the Iberville, and that our line to the west was one which would have left us but a string of land on that bank of the river Mississippi. Our injured citizens were thus left without any prospect of retribution from the wrong-doer; as to the boundary each party was to take its own course. That which they have chosen to pursue will appear from the documents now communicated. They authorize the inference that it is their intention to advance on our possessions until they shall be repressed by an opposing force. Considering that Congress alone is constitutionally invested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for using force in any degree which could be avoided. I have barely instructed the officers stationed in the neighborhood of the aggressions to protect our citizens from violence, to patrol within the borders actually delivered to us, not to go out of them but when necessary to repel an inroad, or to rescue a citizen or his property. And the Spanish officers remaining at New Orleans are required to depart without further delay. It ought to be noted here that since the late change in the state of affairs in Europe, Spain has ordered her cruisers courts to respect our treaty with her.

The conduct of France, the part she may take in the misunderstandings between the U. S. Spain, are too important to be unconsidered. She was prompt and decided in her declarations that our demands on Spain for French spoliations carried into Spanish ports, were included in the settlement between the U. S. and France. She took at once the ground that she had acquired no right from Spain had meant to deliver us none, Eastward of the Iberville: her silence as to the Western boundary leaving us to infer her opinion in favor of our claims to the Rio Bravo: we know that her commissary had orders to require possession to that river might be against Spain in that quarter. Whatever direction she might mean to give to these differences, it does not appear that is sufficient reason to believe I am satisfied she has not contemplated their proceeding to actual rupture, or that, at the date of our last advices from Paris, her government had any suspicion of a hostile attitude Spain had taken here. On the contrary we are without a doubt have reason to believe that she was disposed to effect a settlement on a plan analogous to what our ministers had proposed, so comprehensive as to remove as far as possible the grounds of future misunderstanding collision controversy on the Eastern as well as Western side of the Mississippi.

The present crisis in Europe is favorable for pressing such a settlement: not a moment should be lost in availing ourselves of it. Should it pass unimproved, our situation would become much more difficult. Formal war is not necessary. It is not probable it will follow. But the protection of our citizens, the spirit and honor of our country, require that force should be interposed to a certain degree. It will probably contribute to advance the object of peace.

But the course to be pursued will require the command of means which it belongs to Congress exclusively to yield or to deny. To them I communicate every fact material for their information, the documents necessary to enable them to judge for themselves. To their wisdom then I look for the course I am to take, and will pursue with sincere zeal that which they shall approve.

Thomas Jefferson
Jefferson, Thomas
Dec. 21, 05
Washington
J. P. Reibelt
Reibelt, J. P.

TO J. P. REIBELT

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Sir,

—During the sitting of the legislature, especially at it’s commencement it is rare that I can find a moment for my private correspondence. Hence my tardiness in acknoleging the receipt of your favors of the 3d 16th 19th.

I had often thought on the subject you propose as to the mode of procuring German emigrants to take the place of our blacks. To this, however, the state legislatures are alone competent, the general government possessing no powers but those enumerated in the Constitution, and that of obtaining emigrants at the general expense not being one of the enumerated powers. With respect to the state governments, I not only doubt, but despair, of their taking up this operation, till some strong pressure of circumstance shall force it on them. The same may be said as to the Merino sheep. Congress could not, by our Constitution give one dollar for all in Spain, because that kind of power has not been given them. It is probable that private exertions will transplant spread them. I have possessed the breed several years, and have been constantly distributing them in my neighborhood. Colo. Humphreys brought over 50 from which stock he is furnishing great numbers.

Thomas Jefferson
Jefferson, Thomas
Dec. 1805

A BILL FOR ESTABLISHING A NAVAL MILITIA 1

Be it enacted etc. that every free, able-bodied, white, male citizen, of the U. S. of 18. years and under 45. whose principal occupation is on the high sea, or on the tide-waters within the U. S. shall be of the militia for the naval service of the U. S. and shall be exempt from the services of the land militia.

The persons so to constitute the said naval militia shall be enrolled in the several ports or harbours, or the towns or country thereto adjacent, to which they belong or are most convenient, by their names, the dates places of their births, their abodes personal descriptions: which enrollment shall be made by such person as the Pres. of the U. S. shall authorize in each place in a book to be kept by him for that purpose, without delay as to those now within the descriptions of this act, and from time to time as to others, who shall thereafter become so, always registering the date of the enrolment, and placing in a distinct page or part of the book those born within the limits of one the same year of the Christian aera. And whenever a person enrolled in one part of the U S. shall remove to another, the enrolling officer of the latter port shall immediately enter his name on his book, noting the date place of his former enrolment, in addition to the other circumstances before prescribed, and all questions between the enrolling officers of the land and Naval Militia, whether a citizen belongs really to the one or the other service, shall be decided by the Executive authority of the state.

Every person enrolled shall be entitled to receive from the officer possessing the book of enrolment an authenticated transcript from the same, of the entry respecting himself, on paiment of 25 cents, and to have the same renewed on the same condition from time to time, when lost or destroyed, which shall exempt him from the duties of the land militia, shall be considered otherwise as instead of the certificate of citizenship heretofore given by the Collectors of the Customs, which certificates shall hereafter cease to be given.

Every enrolling officer shall on or immediately after the 1st day of October in every year, make a return of his roll to the Secretary of the Navy of the U. S. according to it’s actual state as affected since the last return, by age, discharge, death, removal, new enrolments or otherwise.

The ld. Naval Militia of each port of the town Country thereto adjacent to which they belong shall be distributed into sections, each of which sections shall consist of all those individuals born within the limits of the same year of the Christian aera, shall be distinguished by the name of the year of their birth: and in cases of insurrection, of opposition to the civil authority or of sudden attack, either actual or imminent, in any port, harbour, or town on the tide-waters, or on the coasts or shores in their vicinities, all persons then and there being who make a part of the said militia, whether of the same or any other place, shall be liable to be called on by the President of the U S. or the person invested by him with authority for that purpose, to do duty with artillery, or on board any armed vessels, for the special occasion of quelling the insurrection, enforcing obedience to the civil authority, or resisting the attack as the case may be. Such call shall be made on them by sections, in the numbers which the exigency may require by regular rotation in the numerical order of the years of their birth, and for a term not exceeding months: non-residents shall always make a part of the section of the respective year of their birth.

The said Sections when called into service, shall be organized officered by the state authority, suitably to the service they shall be called to, whether with Artillery or on board any armed vessels, and while engaged in the performance of a tour of duty shall have the pay rations allowed in the navy of the U S. and be subject to the rules, regulations, articles provided for the Government of the same.

Thomas Jefferson
Jefferson, Thomas

AN ACT FOR CLASSING THE MILITIA AND ASSIGNING TO EACH CLASS ITS PARTICULAR DUTIES

Be it enacted, c., That every free, able-bodied white male citizen of the United States of the age of 18 years and under the age of 45, whose principal occupation is not on the high sea or the tide-waters within the United States, shall be of the militia for the land service of the United States.

Enrolement. The persons so to constitute the land militia shall be enrolled by their names and ages and their proper districts, and in books to be kept for that purpose; such enrolement to be made without delay of those now within the description, and from time to time as to others who shall hereafter become so, always noting the date of the enrolement, and placing in a distinct page or part of the book those of every different year of age, from 45 down to 18. In deciding on the ages of the persons to be enrolled, the officer shall make up his judgment from the information of the party himself, and from such other information as he can obtain, and where this is not satisfactory, then from his own inspection.

Classification. The said militia shall be distributed into classes as follows, to wit: the junior class shall be composed of those above 21 and under 26 years of age; the middle class of those above 26 and under 35 years of age; the senior class of those above 35 and under 45 years of age; and those above 18 and under 21 years of age shall compose the minor class.

Their training. The junior and minor classes shall each have their separate captains and other inferior officers, those for the juniors being selected with a view to actual service, and shall be strictly trained to the exercises and manœuvres of a soldier, either of artillery, infantry, or cavalry, as may be lawfully designated; for which purpose they shall be mustered and trained one whole day in every month of the year, two of which musters shall be in battalion and the others in companies. The captains of the said two classes, with the general and field officers having command over them, shall form a district court-martial for the rigorous enforcement of the duties of attendance and training. Each person of the said junior class shall be furnished with a good musket, bayonet, and cartridge-box at the public expense, so soon as they can be provided, which, except where he shall be of the cavalry or artillery, he shall be bound to produce in good order at every muster of which he shall be, so long as he shall be under the age of 45 years, after which it shall be his property.

Where, at the passing of this Act, any members of the militia shall be in the possession of such arms provided by his State or Territory, or by himself, the same shall be reviewed and valued by some person appointed on the part of the United States and if found in perfect order and of proper calibre, they shall be paid for by the United States if such be the choice of the party furnishing them, and shall thereafter be in the hands of the holder as the property of the United States, under the same trust and right as if they had been originally furnished him by the United States.

The middle class shall in like manner be formed into companies by themselves, to be commanded by their own captains and other inferior officers; they shall be mustered and trained twice only in the year in companies, and once in battalion. The senior class, in distinct companies also, and under its own captains and other inferior officers, shall be mustered and trained one day in the year only in companies, and one in battalion; and both the middle and senior classes shall be under the jurisdiction of their captains, formed into one and the same courtmartial, with the general and field officers having command over them.

Actual service. The junior class shall be liable to perform all active military service within the United States, or the countries next adjacent in their vicinity by tours of duty not to exceed one year in any two; and in order that the said services may be required of them equally, those of every company battalion shall be divided by lot into ten parts or portions, as nearly equal as may be, each portion to be distinguished by its particular number, from 1 to 10 and to be called into duty in the order of their numbers, such call extending to so many numbers as the exigency may require; and every person so called on may be assigned to the service of the artillery, infantry, cavalry, or of any other description as the competent authority shall direct.

The middle class shall be liable to be called on to do duty within their State only, or in one of the adjoining States; and that by tours not exceeding three months in any year; for which purpose they shall be distributed into portions and numbers, and called on in routine, as is provided in the case of the junior class.

The senior and minor classes shall be liable to be called on to do duty within their own State only, and by tours not exceeding three months in any year; and they shall be separately distributed into portions and numbers, and called on in routine as provided for the other classes.

Exemptions from militia duty shall only extend to the ordinary duties of mustering and training after having entered the middle or senior class. Such exempts shall nevertheless be enrolled in their classes and numbers, and, when called on for actual military service, shall be bound as others are to perform their due tours.

If any person called on to do the actual duties of his class shall refuse or unnecessarily delay to enter on duty, he shall be arrested as a deserter either by the civil or military authority, shall be delivered to the proper military officer, and either punished as a deserter, or compelled to perform his tour of duty; but any person so called on may commute his personal services by tendering as a substitute an able-bodied free white man fit for the service in the judgment of the officer who is to command him, and willing to engage therein. And all persons while engaged in the performance of a tour of duty shall have the pay and rations allowed in the army of the United States, and be subject to the rules, regulations, and articles provided for the government of the same.

All provisions in any law of the United States, or of any particular State or Territory, inconsistent with those of this Act, are hereby repealed; and all provisions in the laws of the United States, or of any particular State or Territory, not inconsistent herewith, shall be understood to be left in force, and liable to alteration by their respective enacting authorities.

Thomas Jefferson
Jefferson, Thomas
Jan., 1806
Uriah Tracy
Tracy, Uriah

TO URIAH TRACY. 1

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Sir,

—I have received your letter of Dec. 31 wherein on behalf of a committee of the Senate charged to inquire concerning the characters and qualifications of Peter Walsh, Joseph Deville Bellechasse others for the offices to which they are nominated you desire “that I will cause to be laid before them the proper information on the subject.”

It is with real pain that I feel a difficulty in complying with the desires of a committee for whom I have the most unqualified respect. My nominations are sometimes made on my own knolege of the persons; sometimes on the information of others given either voluntarily, or at my request in personal confidence to me. This I could not communicate without a breach of confidence, not I am sure, under the contemplation of the committee. They are sensible the Constitution has made it my duty to nominate; and has not made it my duty to lay before them the evidences or reasons whereon my nominations are founded: of the correctness of this opinion the established usage in the intercourse between the Senate President is a proof. During nearly the whole of the time this Constitution has been in operation I have been in situations of intimacy with this part of it may observe from my own knolege that it has not been the usage for the President to lay before the Senate or a committee, the information on which he makes his nominations. In a single instance lately, I did make a communication of papers, but there were circumstances so peculiar in that case as to distinguish it from all others.

To this I must further add that a just solicitude to cover from all hazard that cordial good will which it is so vitally interesting to our country should ever subsist between its highest functionaries has led the two houses, as far as can be collected from their practice, to reserve to their own discretion alone to decide what official applications on their part shall be made to the President directly. It does not appear that that authority has been yielded to a committee.

Thomas Jefferson
Jefferson, Thomas
Jan. 6, 1806
Henry A. Dearborn
Dearborn, Henry A.

TO THE SECRETARY AT WAR (HENRY A. DEARBORN.)

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Dear Sir,

—Colo. Hawkins has just put into my hands the papers respecting the claim of the Creek nation on behalf of Emantlau Thlucco, from whom two horses were stolen within the Indian limits by Harris Allen citizens of the U. S., the former of whom has fled out of the U. S. leaving no property the other is dead insolvent: he communicated to me also the Attorney general’s opinion on the case. This case being of importance as a precedent, I have considered it maturely under the law, the treaty the principles which prevail between independent nations; the Creeks being in law as well as in fact an independent nation.

The opinion of the Atty Genl is unquestionable, considering the case as it relates to the offending individuals. The laws have reserved to all our citizens, charged within our jurisdiction with any crime or misdemeanor wheresoever committed, a right of being tried by a jury, before a court of competent authority, before they can be punished. Whether prosecuted capitally, or for the penalty of double value, the sentence of a court could alone subject them to evil. Accordingly the 15th § of the act of Congress provides explicitly how, where the offender may be tried, convicted punished, and evidently confines its views to the proceedings against the citizen solely. But when death, flight, insolvency, or other accident puts the offender out of the way, it then becomes a question between nation nation, between whom the municipal laws of evidence of either can have no bearing on the other. The same law therefore in it’s 4th § only declares that if the offender be unable to pay for the property he has taken from an Indian, the U. S. shall pay, without saying where the fact shall be tried or on what evidence; and in it’s 14th § enacts that if an Indian shall take property within our limits, the superintendent being furnished with the necessary documents proofs, shall demand satisfaction from the Indian nation, without specifying that these must be such documents proofs as would be required by our municipal law, to which the Indian nation is not at all subject. The proofs then of course are to be such as are usually resorted to between nation nation, that is to say public documents, depositions, affidavits, certificates, letters, parol evidence, or even common report. All of these are freely adduced between nations, each of them is weighed in the scales of reason experience, and according to the aggregate impression they make on the common sense of mankind, they are estimated in determining the belief or disbelief of the fact. Neither party thinks of calling the other to a trial of the fact in a court of its own, where it would be both party and judge. The constitutional organs for foreign relations of the two nations compose jointly the competent tribunal. The instruction therefore given originally by a preceding executive to the agent for Indian affairs, appears to have been well weighed when it directs him to ascertain, by the best evidence in his power, the value of the property taken: and of course authorizes him to receive, as well the testimony of Red men, given in what they deem the most solemn manner, as such other evidence as can be obtained, and may be of any weight in the common judgment of mankind towards producing a belief or disbelief of the fact in question. This is the only practical construction which can be given of the act of Congress, which never could be carried into execution in this part if a strict conformity with our municipal laws were requisite, because such evidence as is required by our courts of justice between citizen and citizen could never be had in the cases now under consideration. The law therefore, wisely and justly, avoids specifying the evidence, and leaves the fact to be settled agreeably to the usage of nations. Here then the Creeks affirm that property has been taken from one of their nation, that this cannot be recovered in our courts of justice by the individual injured because one offender is dead, the other fled no property of either existing; the law says, if the offender is unable, paiment shall be made out of the Treasury of the U. S. The Superintendent therefore, according to his instructions, is “to ascertain the fact affirmed by the Creeks, by the best evidence in his power, and make report of the same of the case to the Department of War that justice may be done.” I do not see any cause for changing the course of proceeding so established, but on the contrary I believe it to be right lawful that it ought to be pursued in this instance.

Thomas Jefferson
Jefferson, Thomas
Jan. 15 1806
Washington
William A. Burwell
Burwell, William A.

TO WILLIAM A. BURWELL

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Dear Sir,

—Your favor of Dec. 26th was duly received, as also the correspondence therein referred to. Mr. Coles delivered me to-day your request of a copy of the Parl. manual for yourself, and another for the speaker. I therefore send one to each of you in separate packages by this post. You will have seen an account in all the papers (with so many details, as to make one forget for a moment that they never utter a truth) of our affairs being entirely made up with Spain. There is not one word of truth in it, if we may judge from Mr. Pinckney’s silence in a letter dated the day before he left Madrid. I may say further, it is impossible it should be true. Congress are not unanimous in the Spanish business. They act in it however by a strong majority. When our affairs with England come on there will be much greater more irreconcilable differences of opinion. The classification of the militia has been reported against by a committee. But if any judgment can be formed from individual conversations it will be established. If it is, we need never raise a regular in expectation of war. A militia of young men will hold on until regulars can be raised, will be the nursery which will furnish them. I had rather have that classification established, than any number of regulars which could be voted at this time. We are told you are to come to Congress. In the meantime your berth here stands in statu quo. I shall always be glad to hear from you and to give you every assurance of my constant affection. Accept with it that of my respect esteem.

Thomas Jefferson
Jefferson, Thomas
January 17, 1806

SPECIAL MESSAGE ON NEUTRAL COMMERCE

To the Senate and House of Representatives of the United States:—

In my message to both houses of Congress at the opening of their present session, I submitted to their attention, among other subjects, the oppression of our commerce and navigation by the irregular practices of armed vessels, public and private, and by the introduction of new principles, derogatory of the rights of neutrals, and unacknowledged by the usage of nations.

The memorials of several bodies of merchants of the United States are now communicated, and will develop these principles and practices which are producing the most ruinous effects on our lawful commerce and navigation.

The rights of a neutral to carry on a commercial intercourse with every part of the dominions of a belligerent, permitted by the laws of the country (with the exception of blockaded ports and contraband of war), was believed to have been decided between Great Britain and the United States by the sentence of the commissioners mutually appointed to decide on that and other questions of difference between the two nations, and by the actual payment of damages awarded by them against Great Britain for the infractions of that right. When, therefore, it was perceived that the same principle was revived with others more novel, and extending the injury, instructions were given to the minister plenipotentiary of the United States at the court of London, and remonstrances duly made by him on this subject, as will appear by documents transmitted herewith. These were followed by a partial and temporary suspension only, without any disavowal of the principle. He has therefore been instructed to urge this subject anew, to bring it more fully to the bar of reason, and to insist on the rights too evident and too important to be surrendered. In the meantime, the evil is proceeding under adjudications founded on the principle which is denied. Under these circumstances the subject presents itself for the consideration of Congress.

On the impressment of our seamen our remonstrances have never been intermitted. A hope existed at one moment of an arrangement which might have been submitted to, but it soon passed away, and the practice, though relaxed at times in the distant seas, has been constantly pursued in those in our neighborhood. The grounds on which the reclamations on this subject have been urged, will appear in an extract from instructions to our minister at London now communicated.

Thomas Jefferson
Jefferson, Thomas
Jan. 31, 06
Washington
James Ogilvie
Ogilvie, James

TO JAMES OGILVIE

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Dear Sir,

—Your favor of the 26th came to hand yesterday. I had understood that Mr. Randolph had directed that you should have the free use of the library at Monticello, or I should have directed it myself. I have great pleasure in finding an opportunity of making it useful to you. The key is at present in the hands of Mr. Dinsmore, at the place, who on sight of this letter will consider you as at all times authorized to have access to the library to take from it any books you please. I will only ask the favor of you to keep a piece of paper on one of the tables of the room, to note on it the books you have occasion to take out, and to blot it out when returned. The object in this is that should I want a book at any time when at home, I may know where it is. The arrangement is as follows: 1. Antient history. 2. Modern do. 3. Physics. 4. Nat. Hist. proper. 5. Technical arts. 6. Ethics. 7. Jurisprudence. 8. Mathematics. 9. Gardening, architecture, sculpture, painting, music, poetry. 10. Oratory. 11. Criticism. 12. Polygraphical. You will find this on a paper nailed up somewhere in the library. The arrangement begins behind the partition door leading out of the Bookroom into the Cabinet, proceeds from left to right round the room; Then entering the Cabinet it begins at the eastern angle, goes round that room. The presses not having sufficed to contain the whole, the latter part of polygraphics was put into the kind of closet at the first entrance of the book-room. As after using a book, you may be at a loss in returning it to it’s exact place, they cannot be found again when misplaced, it will be better to leave them on a table in the room. My familiarity with their places will enable me to replace them readily. I hope in April the pleasure of seeing you there. In the meantime accept my friendly salutations assurances of great esteem respect.