P. S. The record of the blank commission for Marshal of N. Carolina, sent to Govr. Alexander, must be filled up with the name of John S. West, the former Marshal, who has agreed to continue.
—If anything Thrasonic foolish from Spain could add to my contempt of that government, it would be the demand of satisfaction now made by Foronda. However, respect to ourselves requires that the answer should be decent, and I think it fortunate that this opportunity is given to make a strong declaration of facts, to wit, how far our knolege of Miranda’s objects went, what measures we took to prevent anything further, the negligence of the Spanish agents to give us earlier notice, the measures we took for punishing those guilty, our quiet abandonment of those taken by the Spaniards. But I would not say a word in recrimination as to the western intrigues of Spain. I think that is the snare intended by this protest, to make it a set-off for the other. As soon as we have all the proofs of the western intrigues, let us make a remonstrance demand of satisfaction, and, if Congress approves, we may in the same instant make reprisals on the Floridas, until satisfaction for that for spoliations, and until a settlemt of boundary. I had rather have war against Spain than not, if we go to war against England. Our southern defensive force can take the Floridas, volunteers for a Mexican army will flock to our standard, and rich pabulum will be offered to our privateers in the plunder of their commerce coasts. Probably Cuba would add itself to our confederation. The paper in answer to Foronda should, I think, be drawn with a view to its being laid before Congress, published to the world as our justification against the imputation of participation in Miranda’s projects.
—Your letter of July 28, came to hand just as I was about leaving Washington, it has not been sooner in my power to acknolege it. I consider your torpedoes as very valuable means of defence of harbors, have no doubt that we should adopt them to a considerable degree. Not that I go the whole length (as I believe you do) of considering them as solely to be relied on. Neither a nation nor those entrusted with it’s affairs, could be justifiable, however sanguine their expectations, in trusting solely to an engine not yet sufficiently tried, under all the circumstances which may occur, against which we know not as yet what means of parrying may be devised. If, indeed, the mode of attaching them to the cable of a ship be the only one proposed, modes of prevention cannot be difficult. But I have ever looked to the submarine boat as most to be depended on for attaching them, tho’ I see no mention of it in your letter, or your publications, I am in hopes it is not abandoned as impracticable. I should wish to see a corps of young men trained to this service. It would belong to the engineers if at land, but being nautical, I suppose we must have a corps of naval engineers, to practise use them. I do not know whether we have authority to put any part of our existing naval establishment in a course of training, but it shall be the subject of a consultation with the Secretary of the Navy. Genl Dearborne has informed you of the urgency of our want of you at N Orleans for the locks there.
I salute you with great respect esteem.
—I received your letter of the 6th inst requesting my interference to have you admitted to bail, and I have considered it with a sincere disposition to administer every relief from unnecessary suffering, which lies within the limits of my regular authority. But when a person charged with an offence is placed in the possession of the judiciary authority, the laws commit to that solely the whole direction of the case; and any interference with it on the part of the Executive would be an encroachment on their independence, and open to just censure. And still more censurable would this be in a case originating, as yours does, not with the Executive, but an independent authority. I am persuaded therefore, that on reconsideration, you will be sensible that, in declining to interpose in the present case, I do but obey the vigorous prescriptions of duty. [I do it however with the less regret as I presume that the same provisions of the law which have given to the principal defendant the accommodation of common apartments, give the same right to yourself and every other defendant, in a country where the application of equal law to every condition of man is a fundamental principle.] 1
I salute you with every wish that the appearances which may have excited the attentions of one inquest towards you, may be so explained as to establish your innocence to the satisfaction of another.
P. S. The delay of the mails by the late rains have prevented an earlier transmission of this answer. 2
—I return you the papers received yesterday. Mr. Erskine complains of a want of communication between the British armed vessels in the Chesapeake, or off the coast. If, by off the coast, he means those which, being generally in our waters, go occasionally out of them to cruize or to acquire a title to communicate with their consul, it is too poor an evasion for him to expect us to be the dupes of. If vessels off the coast, having never violated the proclamation, wish to communicate with their consul, they may send in by any vessel, without a flag. He gives a proof of their readiness to restore deserters, from an instance of the Chichester lying along-side a wharf at Norfolk. It would have been as applicable if Capt Stopfield and his men had been in a tavern at Norfolk. All this, too, a British sergeant is ready to swear to; further, that he saw British deserters enlisted in their British uniform by our officer. As this fact is probably false, can easily be inquired into, names being given, and as the story of the Chichester can be ascertained by Capt Saunders, suppose you send a copy of the paper to the Secy of the Navy, and recommend to him having an inquiry made. We ought gladly to procure evidence to hang the pirates, if no objection or difficulty occur from the place of trial. If the Driver is the scene of trial, where is she? if in our waters, we can have no communication with her, if out of them, it may be inconvenient to send the witnesses. Altho’ there is neither candor nor dignity in soliciting the victualling the Columbine for 4 months for a voyage of 10 days, yet I think you had better give the permission. It is not by these huckstering manœuvres that the great national question is to be settled. I salute you affectionately. 1
Your letter to Dayton I think perfectly right, unless, perhaps, the expression of personal sympathy in the 1 st . page might be misconstrued, coupled with the circumstance that we had not yet instituted a prosecution against him, altho’ possessed of evidence. Poor Yznardi seems to have been worked up into distraction by the persecutions of Meade. I enclose you a letter I have received from him. Also one from Warden, attested by Armstrong, by which you will see that the feuds there are not subsiding.
By yesterday’s, or this day’s mails, you will have received the information that Bonaparte has annihilated the allied armies. The result will doubtless be peace on the continent, an army despatched through Persia to India, the main army brought back to their former position on the channel. This will oblige England to withdraw everything home, leave us an open field. An account, apparently worthy of credit, in the Albany paper, is, that the British authorities are withdrawing all their cannon magazines from Upper Canada to Quebec, considering the former not tenable, the latter their only fast-hold.
I salute you with sincere affection.
P. S. I had forgotten to express my opinion that deserters ought never to be enlisted; but I think you may go further say to Erskine, that if ever such a practise has prevailed, it has been without the knolege of the Government, and would have been forbidden, if known, if any examples of it have existed, (which is doubted,) they must have been few, or they would have become known. The case presented from the Chichester, if true, does not prove the contrary, as the persons there said to have been enlisted are believed to have been American citizens, who, whether impressed or enlisted into the British service, were equally right in returning to the duties they owed to their own country.
—I pray you to consider this letter so confidential as not to be hinted even to your most intimate friends. You propose General Steele as the successor to the present collector. The following circumstances are to be considered. It is indispensable that the head of the Indian department reside at the seat of government. General Shee was apprised of this at the time of his appointment. It was soon perceived that this was so ineligible to him as to countervail the benefits of the appointment place him in doubt whether he would not rather relinquish it. We gave him time for his removal accommodated to his own views; and this has gone over without being noticed, because I had reason to expect a vacancy in the collectorship and had made up my mind to give him that, the Indian agency to a person residing in Washington. As I suppose Genl. Shee the person whom it is most material to take care of, I wish your candid opinion whether the arrangement I propose is not more desirable than that which would oblige Shee to remove or resign. 1
I never expected to be under the necessity of wishing success to Buonaparte. But the English being equally tyrannical at sea as he is on land, that tyranny bearing on us in every point of either honor or interest, I say, “down with England” and as for what Buonaparte is then to do to us, let us trust to the chapter of accidents, I cannot, with the Anglomen, prefer a certain present evil to a future hypothetical one. I salute with friendship respect.
—Colo. Newton’s inquiries are easily solved, I think, by application of the principles we have assumed. 1. The interdicted ships are enemies. Should they be forced, by stress of weather, to run up into safer harbors, we are to act towards them as we would towards enemies in regular war, in a like case. Permit no intercourse, no supplies; if they land, kill or capture them as enemies. If they lie still, Decatur has orders not to attack them without stating the case to me, awaiting instructions. But if they attempt to enter Elizabeth river, he is to attack them without waiting for instructions. 2. Other armed vessels, putting in from sea in distress, are friends. They must report themselves to the collector, he assigns them their station, regulates their repairs, supplies, intercourse stay. Not needing flags, they are under the direction of the collector alone, who should be reasonably liberal as to their repairs supplies, furnishing them for a voyage to any of their American ports; but I think with him their crews should be kept on board, that they should not enter Elizabeth river.
I remember Mr. Gallatin expressed an opinion that our negociations with England should not be laid before Congress at their meeting, but reserved to be communicated all together with the answer they should send us, whenever received. I am not of this opinion. I think, on the meeting of Congress, we should lay before them everything that has passed to that day, place them on the same ground of information we are on ourselves. They will then have time to bring their minds to the same state of things with ours, when the answer arrives, we shall all view it from the same position. I think, therefore, you should order the whole of the negociation to be prepared in two copies. I salute you affectionately.
—I had had the letter of Mr. Jouett of July 6th from Chicago, that from Governor Hull, of July 14, from Detroit, under consideration some days, when the day before yesterday I received that of the Governor of July 25.
While it appeared that the workings among the Indians of that neighborhood proceeded from their prophet chiefly, that his endeavors were directed to the restoring them to their antient mode of life, to the feeding clothing themselves with the produce of the chace, refusing all those articles of meat, drink, clothing, which they can only obtain from the whites, and are now rendered necessary by habit, I thought it a transient enthusiasm, which, if let alone, would evaporate innocently of itself; altho’ visibly tinctured with a partiality against the U. S. But the letters documents now enclosed give to the state of things there a more serious aspect; and the visit of the Governor of Upper Canada, assembling of the Indians by him, indicate the object to which these movements are to point. I think, therefore, we can no longer leave them to their own course, but that we should immediately prepare for war in that quarter, at the same time redouble our efforts for peace.
I propose, therefore, that the Governors of Michigan, Ohio, Indiana, be instructed immediately to have designated, according to law, such proportions of their militia as you shall think advisable, to be ready for service at a moment’s warning, recommending to them to prefer volunteers as far as they can be obtained, of that description fitted for Indian service.
That sufficient stores of arms, ammunition provision, be deposited in convenient places for any expedition which it may be necessary to undertake in that quarter, and for the defence of the posts settlements there; that the object of these preparations be openly declared, as well to let the Indians understand the danger they are bringing on themselves, as to lull the suspicion of any other object.
That at the same time, and while these preparations for war are openly going on, Governors Hull Harrison be instructed to have interviews by themselves or well-chosen agents, with the chiefs of the several tribes in that quarter, to recall to their minds the paternal policy pursued towards them by the U. S., and still meant to be pursued. That we never wished to do them an injury, but on the contrary, to give them all the assistance in our power towards improving their condition, enabling them to support themselves their families; that a misunderstanding having arisen between the U. S. and the English, war may possibly ensue. That in this war it is our wish the Indians should be quiet spectators, not wasting their blood in quarrels which do not concern them; that we are strong enough to fight our own battles, therefore ask no help; and if the English should ask theirs, it should convince them that it proceeds from a sense of their own weakness which would not augur success in the end; that at the same time, as we have learnt that some tribes are already expressing intentions hostile to the U. S., we think it proper to apprize them of the ground on which they now stand that on which they will stand; for which purpose we make to them this solemn declaration of our unalterable determination, that we wish them to live in peace with all nations as well as with us, and we have no intention ever to strike them or to do them an injury of any sort, unless first attacked or threatened; but that learning that some of them meditate war on us, we too are preparing for war against those, those only who shall seek it; and that if ever we are constrained to life the hatchet against any tribe, we will never lay it down till that tribe is exterminated, or driven beyond the Mississippi. Adjuring them, therefore, if they wish to remain on the land which covers the bones of their fathers, to keep the peace with a people who ask their friendship without needing it, who wish to avoid war without fearing it. In war, they will kill some of us; we shall destroy all of them. Let them then continue quiet at home, take care of their women children, remove from among them the agents of any nation persuading them to war, and let them declare to us explicitly categorically that they will do this: in which case, they will have nothing to fear from the preparations we are now unwillingly making to secure our own safety.
These ideas may form the substance of speeches to be made to them, only varying therein according to the particular circumstances and dispositions of particular tribes; softening them to some, and strengthening them as to others. I presume, too, that such presents as would show a friendly liberality should at the same time be made to those who unequivocally manifest intentions to remain friends; and as to those who indicate contrary intentions, the preparations made should immediately look towards them; and it will be a subject for consideration whether, on satisfactory evidence that any tribe means to strike us, we shall not anticipate by giving them the first blow, before matters between us England are so far advanced as that their troops or subjects should dare to join the Indians against us. It will make a powerful impression on the Indians, if those who spur them on to war, see them destroyed without yielding them any aid. To decide on this, the Governors of Michigan Indiana should give us weekly information, the Postmaster General should immediately put the line of posts to Detroit into the most rapid motion. Attention, too, is requisite to the safety of the post at Michillimacinac.
I send this letter open to the Secretary of State, with a desire that, with the documents, it may be forwarded to the Secretary of the Navy, at Baltimore, the Attorney General, at Wilmington, the Secretary of the Treasury, at N York, finally to yourself; that it may be considered only as the origination of a proposition to which I wish each of them to propose such amendments as their judgment shall approve, to be addressed to yourself; that from all our opinions you will make up a general one, act on it without waiting to refer it back to me.
I salute you with great affection respect.
—I think with you we had better send to Algiers some of the losing articles in order to secure peace there while it is uncertain elsewhere. While war with England is probable, everything leading to it with other nations should be avoided, except with Spain. As to her, I think it the precise moment when we should declare to the French government that we will instantly seize on the Floridas as reprisal for the spoliations denied us, and, that if by a given day they are paid to us, we will restore all east of the Perdido, hold the rest subject to amicable decision. Otherwise, we will hold them forever as compensation for the spoliations. This to be a subject of consideration when we assemble.
One reason for suggesting a discontinuance of the daily post was, that it is not kept up by contract, but at the expense of the U. S. But the principal reason was to avoid giving ground for clamor. The general idea is, that those who receive annual compensations should be constantly at their posts. Our constituents might not in the first moment consider 1, that we all have property to take care of, which we cannot abandon for temporary salaries; 2, that we have health to take care of, which at this season cannot be preserved at Washington; 3d, that while at our separate homes our public duties are fully executed, and at much greater personal labor than while we are together when a short conference saves a long letter. I am aware that in the present crisis some incident might turn up where a day’s delay might infinitely overweigh a month’s expense of the daily post. Affectionate salutations.
—Your letters of Aug. 23, 27, 29, 30, have all been received; the two last came yesterday. I observe that the merchants of New York Philadelphia think that notice of our present crisis with England should be sent to the Streights of Sunda by a public ship, but that such a vessel going to Calcutta, or into the Bay of Bengal, would give injurious alarm; while those of Baltimore think such a vessel going to the Streights of Sunda would have the same effect. Your proposition, very happily in my opinion, avoids the objections of all parties; will do what some think useful none think injurious. I therefore approve of it. To wit, that by some of the private vessels now going, instructions from the department of State be sent to our Consul at the Isle of France, to take proper measures to advise all our returning vessels, as far as he can, to be on their guard against the English, and that we now appoint send a Consul to Batavia, to give the same notice to our vessels returning through the Streights of Sunda. For this purpose I sign a blank sheet of paper, over which signature the Secretary of State will have a consular commission written, leaving a blank for the name to be filled up by yourself with the name of such discreet proper person as shall be willing to go. If he does not mean to reside there as Consul, we must bear his expenses out in, compensate his time. I presume you will receive this commission, the papers you sent me through the Secretary of State, on the 8th.
I approve of the orders you gave for intercepting the pirates, that they were given as the occasion required, without waiting to consult me, which would have defeated the object. I am very glad indeed that the piratical vessel and some of the crew have been taken, hope the whole will be taken; that this has been done by the militia. It will contribute to show the expediency of an organized naval militia.
I send you the extract of a letter I lately wrote to Genl Dearborne on the defence of the Chesapeake. Your situation will better enable you to make inquiries into the practicability of the plan than he can. If practicable, it is all-important.
I do not see the probability of receiving from Gr. Britain reparation for the wrong committed on the Chesapeake, and future security for our seamen, in the same favorable light with Mr. Gallatin yourself. If indeed the consequence of the battle of Friedland can be to exclude her from the Baltic, she may temporize with us. But if peace among the continental powers of Europe should leave her free in her intercourse with the powers who will then be neutral, the present ministry, perhaps no ministry which can now be formed, will not in my opinion give us the necessary assurance respecting our flag. In that case, it must bring on a war soon, and if so, it can never be in a better time for us. I look to this, therefore, as most probably now to take place, altho I do most sincerely wish that a just sufficient security may be given us, such an interruption of our prosperity avoided. I salute you with affection and respect.
—I received last night your favor of Aug. 29, and with it a model of a contrivance for making one gun-boat do nearly double execution. It has all the ingenuity and simplicity which generally mark your inventions. I am not nautical enough to judge whether two guns may be too heavy for the bow of a gun-boat, or whether any other objection will countervail the advantage it offers, and which I see visibly enough. I send it this day to the secretary of the Navy, within whose department it lies to try to judge it. Believing, myself, that gun-boats are the only water defence which can be useful to us, protect us from the ruinous folly of a navy, I am pleased with everything which promises to improve them.
The battle of Friedland, armistice with Russia, conquest of Prussia, will be working on the British stomach when they will receive information of the outrage they have committed on us. Yet, having entered on the policy proposed by their champion “war in disguise,” of making the property of all nations lawful plunder to support a navy which their own resources cannot support, I doubt if they will readily relinquish it. That war with us had been predetermined may be fairly inferred from the diction of Berkley’s order, the Jesuitism of which proves it ministerial from it’s being so timed as to find us in the midst of Burr’s rebellion as they expected, from the contemporaneousness of the Indian excitements, and of the wide sudden spread of their maritime spoliations. I salute you with great esteem respect. 1
—Mr. Madison, who is with me, suggests the expediency of immediately taking up the case of Capt. Porter, against whom you know Mr. Erskine lodged a very serious complaint, for an act of violence committed on a British seaman in the Mediterranean. While Mr. Erskine was reminded of the mass of complaints we had against his government for similar violences, he was assured that contending against such irregularities ourselves, and requiring satisfaction for them, we did not mean to follow the example, and that on Captain Porter’s return, it should be properly inquired into. The sooner this is done the better; because if Great Britain settles with us satisfactorily all our subsisting differences, should require in return, (to have an appearance of reciprocity of wrong as well as redress,) a marked condemnation of Capt. Porter, it would be embarrassing were that the only obstacle to a peaceable settlement, and the more so as we cannot but disavow his act. On the contrary, if we immediately look into it, we shall be more at liberty to be moderate in the censure of it, on the very ground of British example; and the case being once passed upon, we can more easily avoid the passing on it a second time, as against a settled principle. It is therefore to put it in our power to let Capt. Porter off as easily as possible, as a valuable officer whom we all wish to favor, that I suggest to you the earliest attention to the inquiry, and the promptest settlement of it. I set out to-morrow on a journey of 100 miles, shall be absent 8 or 9. days. I salute you affectionately.
I returned here yesterday afternoon found, as I might expect, an immense mass of business. With the papers received from you, I enclose you some others which will need no explanation. I am desired by the Secy of the Navy to say what must be the conduct of Com Rodgers, at New York, on the late or any similar entry of that harbor by the British armed vessels. I refer him to the orders to Decatur as to what he was to do if the vessels in the Chesapeake. 1. Remain quiet in the Bay. 2. Come to Hampton road. 3. Enter Eliz river: and recommend an application of the same rules to N York, accommodated to the localities of the place. Should the British government give us reparation of the past, security for the future, yet the continuance of their vessels in our harbors in defiance constitutes a new injury, which will not be included in any settlement with our ministers, will furnish good ground for declaring their future exclusion from our waters, in addition with the other reasonable ground before existing. Our Indian affairs in the N. W. on the Missouri, at the Natchitoches, wear a very unpleasant aspect. As to the first all I think is done which is necessary. But for this other causes, I am anxious to be again assembled. I have a letter from Connecticut. The prosecution there will be dismissed this term on the ground that the case is not cognisable by the courts of the U. S. Perhaps you can intimate this where it will give tranquillity. Affectionate salutations.
The commission to the Secy of Orleans having another mistake, Robinson instead of Robertson, has been returned to me for correction. I have corrected it; but it will be necessary the record should also be corrected.
—On my return yesterday I found yours of the 10th, and now re-enclose you Com Rodgers’ letter. You remember that the orders to Decatur were to leave the British ships unmolested so long as they laid quiet in the Bay; but if they should attempt to enter Eliz river to attack them with all his force. The spirit of these orders should, I think, be applied to New York. So long as the British vessels merely enter the Hook, or remain quiet there, I would not precipitate hostilities. I do not sufficiently know the geography of the harbor to draw the line which they should not pass. Perhaps the narrows, perhaps some other place which yourself or Commodore Rogers can fix with the aid of the advice he can get in N York. But a line should be drawn which if they attempt to pass, he should attack them with all his force. Perhaps he would do well to have his boats ordinarily a little without the line to let them see they are not to approach it; but whether he can lay there in safety, ordinarily, he must judge. But if the British vessels continue at the Hook, great attention should be paid to prevent their receiving supplies or their landing, or having any intercourse with the shore or other vessels. I left Mr. Nicholas’s yesterday morning: he is indisposed with his annual influenza. Mrs. Nicholas is well. I shall be at Washington the 3d proximo. Affectionate salutations.
I return all the papers received in yours of the 18th 19th, except one soliciting office, Judge Woodward’s letters, to be communicated to the Secretary at War. Should not Claiborne be instructed to say at once to Gov r . Folch, that as we never did prohibit any articles (except slaves) from being carried up the Mississippi to Baton Rouge, so we do not mean to prohibit them, that we only ask a perfect equal reciprocity to be observed on the rivers which pass thro’ the territories of both nations. Must we not denounce to Congress the Spanish decree as well as the British regulation pretending to be the countervail of the French? One of our first consultations, on meeting, must be on the question whether we shall not order all the militia volunteers destined for the Canadas to be embodied on the 26th of Octr, to march immediately to such points on the way to their destination as shall be pointed out, there to await the decision of Congress? I approve of the letter to Erskine. In answering his last, should he not be reminded how strange it is he should consider as a hostility our refusing to receive but under a flag, persons from vessels remaining acting in our waters in defiance of the authority of the country? The post-rider of the day before yesterday has behaved much amiss in not calling on you. When I found your mail in the valise that they had not called on you, I replaced the mail in it expressly directed him to return by you. Affectionate salutations.
—I received your favors of the 13 15th on my return to this place on the 17th, and such was the mass of business accumulated in my absence, that I have not till now been able to take up your letters. You are certainly free to make use of any of the papers we put into Mr. Hay’s hands, 1 with a single reservation: to wit, some of them are expressed to be confidential, and others are of that kind which I always consider as confidential, conveying censure on particular individuals, therefore never communicate them beyond the immediate executive circle. I accordingly write to this effect to Mr. Hay. The scenes which have been acted at Richmond are such as have never before been exhibited in any country where all regard to public character has not yet been thrown off. They are equivalent to a proclamation of impunity to every traitorous combination which may be formed to destroy the Union; and they preserve a head for all such combinations as may be formed within, and a centre for all the intrigues machinations which foreign governments may nourish to disturb us. However, they will produce an amendment to the Constitution which, keeping the judges independent of the Executive, will not leave them so, of the nation.
I shall leave this place on the 30th for Washington. It is with pleasure that I perceive from all the expressions of public sentiment, that the virulence of those whose treasons you have defeated only place you on higher ground in the opinion of the nation. I salute you with great esteem respect.
—I have read with great satisfaction your observations on the principles for equalizing the power of the different nations on the sea, and think them perfectly sound. Certainly it will be better to produce a balance on that element, by reducing the means of it’s great Monopoliser, than by endeavoring to raise our own to an equality with theirs. I have ever wished that all nations would adopt a navigation law against those who have one, which perhaps would be better than against all indiscriminately, and while in France I proposed it there. Probably that country is now ripe for it. I see no reason why your paper should not be published, as it would have effect towards bringing the public mind to proper principles. I do not know whether you kept a copy; if you did not, I will return it. Otherwise I retain it for the perusal of my coadjutors, and perhaps to suggest the measure abroad. I salute you with great esteem respect.
—Your favor of July 10. came safely to hand and with that the first 72. pages of your view of Burr’s trial. I have read this with great satisfaction, and shall be happy to see the whole subject as well digested. From this specimen of your writing I have no doubt you will do justice to any subject you undertake, and think you cannot find a better than the one you have fixed on, the history of the Western country. We have been too long permitting it’s facts to go into oblivion. Colo. Boon, the first emigrant to it, is I believe still living on the Missouri.
The scenes which have been acting at Richmond are sufficient to fill us with alarm. We had supposed we possessed fixed laws to guard us equally against treason oppression. But it now appears we have no law but the will of the judge. Never will chicanery have a more difficult task than has been now accomplished to warp the text of the law to the will of him who is to construe it. Our case too is the more desperate as to attempt to make the law plainer by amendment is only throwing out new materials for sophistry.
I salute you with great esteem respect.
—Your letters of Sept. 15 and Oct. 1 have been duly received I sincerely congratulate you on the addition to your family announced in the last. The good old book speaking of children says “happy is the man who hath his quiver full of them.” I hope Mrs. Rodney is doing well, in which case when ever her situation will admit your coming on without uneasiness, the approaching convention of Congress would render your assistance here desirable. Besides the varieties of general matter we have to lay before them, on which we should be glad of your aid and counsel, there are two subjects of magnitude in which your agency will be peculiarly necessary. 1. The selection digestion of the documents respecting Burr’s treason, which must be laid before Congress in two copies (or perhaps printed, which would take 10. days). 2. A statement of the conduct of Gr. Brit. towards this country, so far as respects the violations of the Maritime Law of nations. Here it would be necessary to state each distinct principle violated, to quote the cases of violation, to conclude with a view of her vice-admiralty courts, their venality rascality, in order to shew that however for conveniences, ( not of right) the court of the captor is admitted to exercise the jurisdiction, yet that in so palpable an abuse of that trust, some remedy must be applied. Everything we see hear leads in my opinion to war; we have therefore much to consult determine on, preparatory to that event. I salute you with affectionate respect.
England. Circumstances, f. c. which seriously threaten the peace prosperity of our country have made it a duty to convene you at an earlier period than usual. That love of peace so much cherished in the bosoms of our citizens which has so long guided the proceedings of their public
functionaries
councils, and induced forbearance under so many wrongs, has not been sufficient to secure us in the
paths of peace;
quiet pursuits of industry; and the moment
is possibly near at hand
seems
to be
approaching when we
shall
may owe it to mankind as well as to ourselves to restrain wrong by resistance, and to
assist in maintaining among nations the authority of most right by defeating all interests calculated on a violation of them it.
defeat those calculations of which interest is the sole principle. You well know that the long train of injuries depredns under which our commerce navigation have been afflicted on the high seas for years past; the successive innovations on those rules of public law established by the reason usage of nations to regulate their intercourse,
constituting the sole supplying the office of
to be the umpire guardian of their rights peace
safety among them.
These violations we met with friendly remonstrances only, always indulging the hope that reason would at length prevail over the dictates of
mistaken calculations of
a mistaken interest, and that voluntary
justice
redress would spare
save
us the mutual calamities of war. In this train were our affairs with England when the patience of our citizens was brought to severe
proof
trial, by the wanton murder of a fellow citizen
in the waters of N.Y.
following his ordinary occupations in the waters of N. Y. by a shot from a British armed vessel.
It became now
This added to other occurrences rendering it apparent that unless the points of difference between that nation ours could be
immediately settled by mutual agreement,
brought to early settlement, a recurrence to force would be
the only alternative certain
unavoidable, an extraordinary mission
for the purpose therefore
took place. After long and earnest efforts by our ministers to obtain conditions of some equality within the limits of their instructions,
pressed reduced on every article to the to the minimum on nearly every article,
framed in the truest spirit of amity moderation, they our ministers at length signed an instrument with a frank avowal
however
to the
British
other negociators that they did it against their instructions, and could not
authorize an expectation that it would be ratified.
pledge their government for it’s ratification. It was
entirely
in truth inadmissible. Still anxious
however to relating with that nation placed on a certain peaceable footing even
to provide for peace, even by greater sacrifices of right than could before have been thought necessary
new instructions were sent to our ministers to try whether, even on these conditions, an establishment of certain other rights could be obtained which were indispensable,
our ministers were authorized to make further efforts for accommodation. On this new reference
of our rights to
to amicable discussion
was made here on the and was presumed existing in full force
we were reposing in confidence when on the 22d day of June last by a
solemn
formal order from a British admiral the frigate
Chesapeake,
leaving her port for a distant service, was attacked by one of those vessels which had been lying in our harbours
enjoying
under the indulgences of hospitality, was disabled from
further
proceeding, had several of her crew killed,
two taken out who have been unquestionably proved to have been native citizens of the US. One other born in S. America but domieiled here from his in faney, and a fourth of whom satisfactory information has not yet been received, but who may be admitted to have been a British subject without at all impairing the unqualified character of this atrocious outrage.
and four taken away. On this outrage no temperate commentaries can be made.
Nor
or can
any
be necessary. It’s character has been pronounced by
general acclamation, in which in no instant of our history has the nation declared such unanimity.
the indignant voice of our citizens,
who
with an unanimity and emphasis never exceeded
in any period of our history.
I immediately by proclamation interdicted our harbors waters to all British armed vessels, forbade intercourse with them, and uncertain
to what lengths
how far hostilities were intended
to be carried,
and the town of Norfolk indeed being threatened with an immediate attac
ked
a sufficient force was ordered for
the
protection of that place, and such other preparations
immediately
commenced and pursued as the prospect rendered proper. An armed vessel of the US. was dispatched with instructions to our ministers at London to call on that govmt for
proper
satisfaction for the outrage
which had been
committed and
effectual security
assurance against the practice which led to it. A very short interval ought now to bring
us
the answer, which shall be communicated to you as soon as
it is
received.
As well as shall also be
Then also or as soon after the public interests shall be found to admit, the unratified treaty
with the reasons for rejecting it,
and proceedings relative to it, shall be made known to you,
under the fullest assurance that there will not be two opinions on the subject.
The aggression thus begun has been continued on the part of the British
armed vessels
commanders by remaining within our waters in defiance of the authority of the country
by
daily
habitual violations of it’s jurisdiction, and at length by putting to death one of the persons whom they had forcibly taken from on board the
Chesapeake.
These aggravations having taken place since the communications forwarded to our ministers, must of course
be a subject of after reckoning with
furnished serious demands of additional reparation on that government: and necessarily lead to the policy of either never admitting an armed vessel into our harbors, or of maintaining in every harbor such an armed force as may constrain
armed vessels their
obedience to the laws protect the lives and property of our citizens against their armed guests. The expense of such a standing force and it’s inconsistence with our principles dispense with all obligations of hospitality which would necessarily
induce that
call for it, leave us equally free to exclude the navy as we are the army of a foreign power from commorance within our limits.
Until a redress of
With these aggressions in view we can scarcely bring our minds to notice any
addition to the catalogue
new violation of maritime rights,
violated to wards us by that nation their government however
which has been added to the catalogue of former unlawful practices. One however is of such extent as cannot be overlooked. The government of that nation has issued an order interdicting all trade by neutrals,
not only from one port to another of the same nation at war with her, but of different nations also at war with her:
between ports not in amity with them. And being now at war with every nation on the Atlantic Mediterranean seas, our vessels are
now forbidden to pass from any one port to any other of those seas without first returning home, so that unless their whole cargo must be sold in the first port they touch at or brought back. The object of these successive protensions cannot be cloacked. It is that there shall be no vessel on the ocean which does not belong to Great Britain, and
required to sacrifice their cargo at the first port they touch, or to
bring it home
return home without the benefit of
trying
going to any other market. Under this new law of the ocean our trade on the Mediterranean has been swept away by seizures condemnations, and that in other seas
places has been more recently attacked also not a little vexed assailed is likely to share
threatened with the same fate.
Spain. Our differences with Spain remain still unsettled, no measure having been taken on her part, since my last communications to Congress, to bring them to a close. But
the present
under a state of things
in Europe admitting their being resumed under better expectations,
which may favor reconsideration they have been recently pressed, and may be expected without further delay to be brought to an issue of some sort. To our former grounds of complaint has been added a very serious one, as you will see by the decree, a copy of which is now communicated. Proper representations have been made on the occasion, and I have reason to expect they have not been without effect. No new collisions
have taken place
with their subjects on our borders, have taken place, or seem to be apprehended during the short period now to intervene before an answer which shall decide our course.
Other nations. With the other nations of Europe our harmony has been uninterrupted, commerce friendly intercourse have been maintained on their usual footing.
Barbary. Our peace with the several states on the coast of Barbary appears as firm as, at any former period, and as likely to continue as that of any other nation.
Indians. Among our Indian neighbors in the North Western quarter, some fermentation was observed soon after the late occurrences threatening the continuance of our peace. Messages were said to be interchanged, and tokens to be passing which usually denote a state of restlessness among them, and the character of the agitators pointed to the source of excitement. Measures were immediately taken for providing against that danger; instructions were given to require explanations, and, with assurances of our continued friendship, to admonish the tribes to remain quiet at home, taking no part in quarrels not belonging to them. As far as we are yet informed, the tribes in our vicinity, who are most advanced in the pursuits of industry, are sincerely disposed to adhere to their friendship with us to their peace with all others; while those more remote more frequented by foreign agents do not
shew that
present appearances sufficiently quiet
aspect which would permit an
to justify the intermission of military
preparation
precaution on our part.
The great tribes on our South Western quarter, much advanced beyond the others in agriculture household arts, appear tranquil identifying
with us in
their views with ours in proportion to their advancements. With the whole of these people in every quarter I shall continue to inculcate peace friendship with all their neighbors, perseverance in those occupations pursuits which will best promote their own well-being.
Fortifications. The appropriations of the last session for defence of our Sea port towns harbors, were made under
the
expectation that a continuance of our peace would permit us to proceed in that work according to our convenience. It has been thought better to
employ
apply the sums then given chiefly to the defence of New York, Charleston, New Orleans, as most open most likely first to need protection; and to leave places less immediately in danger to the provisions of the present session.
Gunboats. The gunboats too already provided, have on
the same
a like principle been chiefly assigned to New York, New Orleans the mouth of the Chesapeake. Whether our moveable force on the water, so material
in aid of the defensive works on land, should be augmented in this, or
what
any other form, is left to
your
the wisdom of the legislature. For the purpose of manning these vessels in sudden attack
of
on our harbors, it
becomes difficulties too are likely to occur in manning these vessels even for harbor defence it is
is a matter
therefore
for consideration
therefore
whether the seamen of the US. may not justly be formed into a special militia to be called on for tours of duty in defence of the harbors where they shall happen to be.
Magazines. The moment our peace was threatened, I deemed it indispensable to secure ample provision of every article of military stores,
of
with which our magazines were not sufficiently
provided
furnished. To have awaited a previous special sanction by law, would have lost occasions which might never be retrieved. I did not hesitate therefore to authorize engagements for such supplements to our existing stock, as would render it adequate to the emergencies threatening us. These contracts are considerable, and depend for their execution, on provisions to be made by
yourselves
the legislature, who feeling the same anxiety for the safety of our country, so materially ensured by this precaution, will, I trust, approve, when done, what,
if then assembled, you
they would have seen so important to be done, if then assembled. Accounts of these contracts shall be laid before you.
Army. Whether a regular army is to be raised, to what extent, must depend on the information so shortly expected. In the meantime I have called on the states for quotas of militia to be in readiness for present defence; have moreover encouraged the acceptance of Volunteers, am happy to inform you that these have offered themselves with great alacrity in every part of the Union.
and in greater numbers than they were required.
They are ordered to be organized, and ready at a moment’s warning to proceed on any service to which they may be called; and every preparation within the Executive powers has been made to ensure us the benefit of early exertions.
I informed Congress, at their last session, of the enterprises against the public peace which were believed to be in preparation by Aaron Burr his associates, of the measures taken to defeat them, to bring the offenders to justice. Their enterprises were happily defeated, by the patriotic exertions of the militia, wherever called into action,
by the fidelity of the army, and energy of the Commander in chief
of the army of the US.
in promptly arranging the difficulties presenting themselves on the Sabine, repairing to meet those arising on the Mississippi, dissipating before their explosion, plots engendering there. And truth duty alone extort the observation that wherever the laws were appealed to in aid of the public safety, their operations
were
was on behalf of those only against whom they were invoked. As a part of the public you have learned the arraignment of the principal offenders in the District court of Virginia. I have thought it my duty to lay before you the proceedings the evidence publicly exhibited there together with some which was not publicly heard.
This
You will be enabled
you
to judge whether the defect was in the testimony, or in the laws, or
whether there is not a radical defect
in the administration of the law? And wherever it shall be found the legislature alone can apply or originate the remedy. The framers of our constitution certainly supposed they had guarded, as well their government against destruction by treason, as their citizens against oppression under pretence of it: and if
the pliability of the law as construed in the case of Fries, and it’s wonderful refractoriness as construed in that of Burr, shew that neither end has been attained, and induce an awful doubt whether we all live under the same law. The right of the jury too to decide law as well as fact seems nugatory without the evidence portinent to their sense of the law. If
these ends are not attained it becomes worthy of enquiry by what means more effectual they may be secured?
Finance. The receipts of the Treasury, during the year ending the
day of
have exceeded the sum of
millions of Dollars: which with
millions in the treasury at the beginning of the year, have enabled us after meeting the current demands to pay
millions of the principal of our public debt
millions of interest. These paiments with those of the preceding 5½ years have extinguished of the funded debt
millions of D. being the whole which
can
could be paid or purchased within the limits of the law of our contracts, and have left us in the treasury
millions of Dollars. This sum may be considered as a commencement of accumulatn of the surpluses of revenue, which after paying the instalments of debt as they shall become payable will remain without any specific object. A part indeed may be advantageously applied towards providing defence for the exposed points of our country, on such a scale as shall be adapted to our principles circumstances. This object is doubtless among the first
which claims
entitled to attention in such a state of our finances, it is one which whether we have peace or war, will give
a state of
security
always desirable
where it is due. Whether what will remain of this with the future surplusses, may be usefully applied to purposes already authorized, or more usefully to others requiring new authorities, or how otherwise they shall be disposed of, are questions calling for
early
the notice from Congress, unless indeed they shall be superceded by a change in
the
our
state of things
public relations, now
depending on
awaiting the
decision
determination of others. Whatever be that determination it is a great consoln that it will
be read
become known at a moment when the supreme council of the nation is assembled at it’s post, and ready to give the aids of it’s wisdom authority to whatever course the good of our country shall then call us to pursue.
Some matters of minor importance will be the subjects of future communications, nothing shall be wanting on my part which may give informn or dispatch to the proceedings of the legislature, in the exercise of their high duties and at a moment so interesting to the public welfare.
Circumstances, fellow citizens, which seriously threaten the peace
prosperity
of our country, have made it a duty to convene you at an earlier period than usual. That love of peace so much cherished in the bosoms of our citizens, which has so long guided the proceedings of their public councils, and induced forbearance under so many wrongs,
has not been sufficient to secure us
may not ensure
to us a
our continuance in the quiet pursuits of industry, and the moment seems approaching when we may owe it to mankind, as well as to ourselves to restrain wrong by resistance, and to defeat those calculations of which
is not the sole principles
justice is not the basis. You well know the long train of injuries and depredations under which our commerce and navigation have been afflicted on the high seas for years past; the successive innovations on those
rules
principles of public law which have been established by the reason and usage of nations
to regulate
as the rule of their intercourse, and
be
the umpire and guardian of their rights peace. These violations we have met with friendly remonstrances only, always indulging the hope that reason would at length prevail over the dictates of a mistaken interest, and that voluntary redress would spare us the actual calamities of war. In order to bring our differences to so desirable a termination, a mission extraordinary to that government took place, with instructions framed in the truest spirit of amity and moderation, with the usual powers for preparing a treaty which might place the relations of the two nations on a friendly permanent basis. After long earnest efforts to obtain conditions of some equality, within the limits of their instructions, our Ministers, finding that could not be done, thought it advisable to sign an instrument, for our consideration with the frank avowal, at the same time, to the other negociators that they did it against their instructions, could not pledge their government for it’s ratification. It was in truth inadmissible. Still anxious to provide for peace, even by greater sacrifices of right than could before have been thought necessary, our ministers were authorized to make further efforts for accommodation. On this new reference to amicable discussion we were reposing in confidence, when on the 22d day of June last, by a formal order from a British Admiral, the frigate
Chesapeake
leaving her port for a distant service, was attacked by one of these vessels which had been lying in our harbors under the indulgences of hospitality, was disabled from proceeding, had several of her crew killed four taken away. On this outrage no
temperate
commentaries
can be made nor can be
are necessary. It’s character has been pronounced by the indignant voice of our citizens with an emphasis unanimity never exceeded. I immediately by Proclamation interdicted our harbors and waters to all British armed vessels, forbade intercourse with them, and uncertain how far hostilities were intended, and the town of Norfolk indeed being threatened with immediate attack, a sufficient force was ordered for the protection of that place, and such other preparations commenced pursued as the prospect rendered proper. An armed vessel of the US was dispatched with instructions to our ministers at London to call on that government for the satisfaction and security required by the outrage
for the outrage committed indemnity an assurance against the practice which had led to it.
A very short interval ought now to bring the answer which shall be communicated to you as soon as received. Then also, or as soon after as the public interests shall be found to admit, the unratified treaty, and proceedings relative to it, shall be made known to you.
The aggression thus begun has been continued on the part of the British commanders, by remaining within our waters in defiance of the authority of the country, by habitual violations of it’s jurisdiction, and at length by putting to death one of the persons whom they had forcibly taken from on board the
Chesapeake.
These aggravations
having taken place since the communication forwarded to our ministers, must of course furnish serious demands of additional reparation on that government
necessarily lead to the policy either of never admitting an armed vessel into our harbors, or of maintaining in every harbour such an armed force as may constrain obedience to the laws protect the lives and property of our citizens against their armed guests. But the expense of such a standing force and it’s inconsistence with our principles dispense with
all
those obligations of hospitality which would necessarily call for it, leave us equally free to exclude the Navy, as we are the Army of a foreign power
within
from entering our limits.
With these aggressions in view, we can scarcely bring our minds to notice any new violations of maritime rights which has been added to former unlawful practices.
To former violations of maritime rights another is now added of very serious extent.
One however is of such extent as cannot be overlooked.
The government of that nation has issued an order interdicting all trade by Neutrals between ports not in amity with them. And being now at war with nearly every nation on the Atlantic Mediterranean seas, our vessels are required to sacrifice their cargoes at the first port they touch, or to return home without the benefit of going to any other market. Under this new law of the Ocean, our trade on the Mediterranean has been swept away by seisures condemnations, and that on other seas is threatened with the same fate.
Our differences with Spain remain still unsettled, no measure having been taken on her part, since my last communications to Congress to bring them to a close. But under a state of things, which may favor reconsideration, they have been recently pressed, and
may be expected without further delay to
an expectation is entertained that they may now soon be brought to an issue of some sort. To our former grounds of complaint has been added a very serious one, as you will see by the decree, a copy of which is now communicated.
Proper representations have been made on the occasion and I have reason to expect they have not been without effect. No new collisions with their subjects on our borders have taken place, or seem to be apprehended during the short period now to intervene before an answer which shall decide our course will be decided by other circumstances.
With their subjects on our borders no new collisions have taken place; nor seem immediately to be apprehended. Whether this decree which professes to be conformable to that of the French government of Nov. 21. 1806, before communicated to Congress, will also be conformed to that in it’s construction and application in relation to the US. had not been ascertained at the date of our last communications. These however gave reason to expect that it would.
With the other nations of Europe our harmony has been uninterrupted, commerce friendly intercourse have been maintained on their usual footing.
Our peace with the several states on the coast of Barbary appears as firm as at any former period, and as likely to continue as that of any other nation.
Among our Indian neighbors in the North Western quarter, some fermentation was observed soon after the late occurrences threatening the continuance of our peace. Messages were said to be interchanged and tokens to be passing which usually denote a state of restlessness among them, the character of the Agitators pointed to the source of excitement. Measures were immediately taken for providing against that danger. Instructions were given to require explanations, and with assurances of our continued friendship, to admonish the tribes to remain quiet at home, taking no part in quarrels not belonging to them. As far as we are yet informed, the tribes in our vicinity, who are most advanced in the pursuits of industry are sincerely disposed
to adhere to their friendship with us to their peace
to adhere to their friendship with us and to their peace with all others while those more remote do not present appearances sufficiently quiet to justify the intermission of military precaution on our part.
The great tribes on our South Western quarter, much advanced beyond the others in agriculture and household arts, appear tranquil and identifying their views with ours, in proportion to their advancements. With the whole of these people, in every quarter, I shall continue to inculcate peace and friendship with all their neighbors, perseverance in those occupations and pursuits which will best promote
their
own well being.
The appropriations, of the last session, for the defence of our Seaboard towns harbors, were made under expectation that a continuance of our peace would permit us to proceed in that work according to our convenience. It has been thought better to apply the sums then given
chiefly
towards the defence of New York, Charleston, New Orleans chiefly as most open and most likely first to need protection; and to leave places less immediately in danger to the provisions of the present session.
The gunboats too already provided have, on a like principle, been chiefly assigned to New York, New Orleans the Chesapeake. Whether our moveable force on the water, so material in aid of the defensive works on the land, should be augmented in this or any other form, is left to the wisdom of the legislature. For the purpose of manning these vessels, in sudden attacks on our harbours, it is a matter for consideration whether the seamen of the US. may not justly be formed into a special militia, to be called on for tours of duty, in defence of the harbours where they shall happen to be; the ordinary militia of the place furnishing that portion which may consist of landsmen.
The moment our peace was threatened, I deemed it indispensable to secure
ample
a greater provision of every article of military stores, with which our magazines were not sufficiently furnished. To have awaited a previous and special sanction by law, would have lost occasions which might never be retrieved. I did not hesitate therefore to authorize engagements for such supplements to our existing stock as would render it adequate to the emergencies threatening us. These contracts are considerable, and depend for their execution on provisions to be made by the legislature, which feeling the same anxiety for the safety of our country, so materially ensured by the precaution, will, I trust, approve when done, what they would have seen so important to be done if then assembled. Accounts of these contracts shall be laid before you.
Whether a regular army is to be raised to what extent, must depend on the information so shortly expected. In the meantime I have called on the states for quotas of militia to be in readiness for present defence; and have moreover encouraged the acceptance of volunteers, and I am happy to inform you that these have offered themselves with great alacrity in every part of the Union. They are ordered to be organized, and ready at a moment’s warning, to proceed on any service to which they may be called, and every preparation within the Executive powers, has been made to ensure us the benefit of early exertions.
I informed Congress at their last session of the enterprises against the public peace which were believed to be in preparation by Aaron Burr and his associates, of the measures taken to defeat them, to bring the offenders to justice. Their enterprises
were
have been happily defeated, by the patriotic exertions of the militia, wherever called into action, by the fidelity of the army, and energy of the Commander in chief in promptly arranging the difficulties presenting themselves on the Sabine, repairing to meet those arising on the Mississippi, and dissipating, before their explosion, plots engendering there.
And truth duty alone extort the observation that whenever the laws were appealed to in aid of the public safety, their operation was on behalf of those only against whom they were invoked. As a part of the public you have learned the arraignment of the principal offenders in the District court of Virginia.
I
have thought it
shall consider it my duty to lay before you the proceedings, the evidence publicly exhibited on the arraignment of the principal offenders before the District court of Virginia,
there,
together with some evidence
which was
not
publicly
there heard. From the whole you will be enabled to judge whether the defect was in the testimony, in the law, or in the administration of the law; and wherever itshall be found, the legislature alone can apply or originate the remedy. The framers of our constitution certainly supposed they had guarded, as well their government against destruction by treason, as their citizens against oppression under pretence of it: and if these ends are not obtained, it
becomes worthy of enquiry
is of importance to enquire by what means, more effectual, they may be secured.
Finance. The accounts of the receipts of revenue during the present year being not yet all made up
received,
a correct statement will be hereafter transmitted from the Treasury. In the meantime it is ascertained that the receipts have
Dollars; which with
millions in the treasury at the beginning of the year have enabled us, after meeting the current demands and interest incurred, to pay
millions of the principal of our funded debt. These paiments, with those of the preceding five a half years have extinguished of the funded debt,
millions of dollars, being the whole which could be paid or purchased within the limits of the law, and of our contract, and have left us in the treasury
millions of Dollars. A portion of this sum may be considered as a commencement of accumulation of the surpluses of revenue, which, after paying the instalments of debt, as they shall become payable, will remain without specific object. A part indeed may be advantageously applied towards providing defence for the exposed points of our country, on such a scale as shall be adapted to our principles circumstances. This object is doubtless among the first entitled to attention, in such a state of our finances, and it is one which, whether we have peace or war, will give security where it is due. Whether what shall remain of this, with the future surpluses, may be usefully applied to purposes already authorized, or more usefully to others requiring new authorities, or how otherwise they shall be disposed of, are questions calling for the notice of Congress; unless indeed they shall be superceded by a change in in our public relations, now awaiting the determination of others. Whatever be that determination it is a great consolation that it will become known at a moment when the supreme council of the nation is assembled at it’s post, and ready to give the aids of it’s wisdom authority to whatever course the good of our country shall then call us to pursue.
Matters of minor importance will be the subjects of future communications; and nothing shall be wanting on my part which may give information or dispatch to the proceedings of the legislature in the exercise of their high functions, and at a moment so interesting to the public welfare.
—I have duly received your letter of August 25th, in which you express a wish that the letters received from you may be acknoledged, in order to ascertain their safe transmission. Those received the present year have been of Mar. 14, May 11, 30, June 8, July 3, August 12, and 25. They have not been before acknoleged in conformity with a practice which the constant pressure of business has forced me to follow, of not answering letters which do not necessarily require it. I have seen with regret, the violence of the dissensions in your quarter. We have the same in the territories of Louisiana Michigan. It seems that the smaller the society the bitterer the dissensions into which it breaks. Perhaps this observation answers all the objections drawn by Mr. Adams from the small republics of Italy. I believe ours is to owe it’s permanence to it’s great extent, and the smaller portion comparatively, which can ever be convulsed at one time by local passions. We expect shortly now to hear from England, and to know how the present cloud is to terminate. We are all pacifically inclined here, if anything comes from thence which will permit us to follow our inclinations. I salute you with esteem respect.
The defence of Orleans against a land army can never be provided for, according to the principles of the Constitution, till we can get a sufficient militia there. I think therefore to get the enclosed bill brought forward again. Will you be so good as to make any alterations in it which the present state of the surveys may have rendered necessary, any others you shall think for the better?
Having recently received from our late Minister Plenipotentiary at the court of London a duplicate of dispatches, the original of which has been sent by the Revenge schooner not yet arrived, I hasten to lay them before both houses of Congress. They contain the whole of what has passed between the two governments on the subject of the outrage committed by the British ship Leopard on the frigate Chesapeake. Congress will learn from these papers the present state of the discussion on that transaction, and that it is to be transferred to this place by the mission of a special minister.
While this information will have it’s proper effect on their deliberations proceedings respecting the relations between the two countries, they will be sensible that, the negociation being still depending, it is proper for me to request that the communications may be considered as confidential.
—I return you Mr. Law’s letter, with thanks for the communication. I wish he may be a true prophet as to peace in 6. months. It is impossible that any other man should wish it as much as I do; altho’ duty may controul that wish. The desire of peace is very much strengthened in me by that which I feel in favor of the great subjects of yours Mr. Fulton’s letters. I had fondly hoped to set those enterprizes into motion with the last legislature I shall meet. But the chance of war is an unfortunate check. I do not however despair that the proposition of amendment may be sent down this session to the legislatures. But it is not certain. There is a snail-paced gait for the advance of new ideas on the general mind, under which we must acquiesce. A 40. years’ experience of popular assemblies has taught me, that you must give them time for every step you take. If too hard pushed, they baulk, the machine retrogrades. I doubt whether precedence will be given to your part of the plan before Mr. Fulton’s. People generally have more feeling for canals roads than education. However, I hope we can advance them with equal pace. If the amendment is sent out this session, returned to the next, and no war takes place, we may offer the plan to the next session in the form of a bill, the preparation of which should be the work of the ensuing summer. I salute you affectionately.
The communications now made, showing the great and increasing dangers with which our vessels, our seamen, and merchandise, are threatened on the high seas and elsewhere, from the belligerent powers of Europe, and it being of great importance to keep in safety these essential resources, I deem it my duty to recommend the subject to the consideration of Congress, who will doubtless perceive all the advantages which may be expected from an inhibition of the departure of our vessels from the ports of the United States.
Their wisdom will also see the necessity of making every preparation for whatever events may grow out of the present crisis.
It is impossible to detest more than I do the fraudulent injurious practice of covering foreign vessels cargoes under the American flag; and I sincerely wish a systematic severe course of punishment could be established. It is only as a punishment of this fraud, that we could deny to the Portuguese vessel the liberty of departing. But I do not know that a solitary accidental instance of punishment would have any effect. The vessel is bonâ fide Portuguese, the crew Portuguese, loaded with provisions for Portugal, an unoffending friendly country, to whom we wish no ill. I have not sufficiently considered the embargo act, to say how far the Executive is at liberty to decide on these cases. But if we are free to do it, I should be much disposed to take back her American papers, let her go, especially on giving bond security to land the cargo in Portugal, dangers of the sea superior force excepted. Perhaps it would be proper to require the captain to give up also his certificate of citizenship, which is also merely fraudulent, has been the ground of fraudulent conversion, and may be used on the voyage as a fraudulent cover to the cargo. Affect. salutations.