Jan. 14 . Logan tells me that in his conversation with Pickering on his arrival, the latter abused Gerry very much, said he was a traitor to his country had deserted the post to which he was appointed; that the French temporized at first with Pinckney but found him too much of a man for their purpose. Logan observing that notwithstandg. the pacific declarns of France, it might still be well to keep up the military ardor of our citizens to have the militia in good order, “the militia, said P. “the militia never did any good to this country except in the single affair of Bunker hill; that we must have a standing army of 50.000 men, which being stationed in different parts of the continent might serve as rallying points for the militia, so render them of some service.”—In his conversation with Mr. Adams, Logan mentioned the willingness of the French to treat with Gerry, “and do you know why,” said Mr. A. “Why, sir?” said L. “Because said Mr. A. they know him to have been an Anti-federalist against the constn.”
1800. Jan. 2 . Information from Tenche Coxe. Mr. Liston had sent 2. letters to the Govr. of Canada by one Sweezy. He had sent copies of them together with a third (original) by one Cribs. Sweezy was arrested (being an old horse thief) and his papers examd. T. Coxe had a sight of them. As soon as a rumor got out that there were letters of Mr. Liston disclosed, but no particulars yet mentioned, Mr. Liston, suspecting that Cribs had betrayed him, thought it best to bring all his three letters lay them before Pickering, Secy. of state. Pickering thot them all very innocent. In his office they were seen by a Mr. Hodgden of N. Jersey, Commissy. of military stores, and the intimate friend of Pickering. It happens that there is some land partnership between Pickering, Hodgden Coxe, so that the latter is freely intimately visited by Hodgden, who moreover speaks freely with him on Political subjects. They were talking the news of the day, when Mr. Coxe observd. that these intercepted lres of Liston were serious things (nothing being yet out but a general rumor). Hodgden asked which he thought the most serious. Coxe said the 2d. (for he knew yet of no other) H. said he thot little of any of them, but that the 3d. was the most exceptionable. This struck Coxe who not betraying his ignorance of a 3d. lre, asked generally what part of that he alluded to. Hodgden said to that wherein he assured the Govr. of Canada that if the French invaded Canada, an army would be marched from these states to his assistance. After this it became known that it was Sweezy who was arrested not Cribs; so that Mr. Liston had made an unnecessary disclosure of his 3d. letter to Mr. Pickering, who however keeps his secret for him. In the beginning of the conversn between Hodgden Coxe, Coxe happened to name Sweezy as the bearer of the letters. “That ’s not his name, says Hodgden (for he did not know that 2. of the lres had been sent by Sweezy also) “his name is Cribs.” This put Coxe on his guard and set him to fishing for the new matter.
Jan. 10 . Dr. Rush tells me that he had it from Saml. Lyman that during the X Y Z Congress the Federal members held the largest caucus they have ever had, at which he was present, the question was proposed debated whether they should declare war against France, determined in the negative. Lyman was against it.
He tells me that Mr. Adams told him that when he came on in the fall to Trenton, he was there surrounded constantly by the opponents of the late mission to France. That Hamilton pressing him to delay it, said “why, sir, by Christmas Louis the XVIII. will be seated on his throne”—Mr. A. By whom? H. By the coalition. Mr. A. Ah! then farewell to the independce of Europe. If a coalition moved by the finger of England is to give a government to France, there is an end to the independance of every country.
12 . Genl. Sam. Smith says that Pickering, Wolcott McHenry wrote a joint letter from Trenton to the President then at Braintree, dissuading him from the mission to France. Stoddard refused to join in it. Stoddard says the instructions are such that if the Directory have any disposition to reconciliation, a treaty will be made. He observed to him also that Ellsworth looks beyond this mission to the Presidential chair. That with this view he will endeavor to make a treaty a good one. That Davie has the same vanity views. All this communicated by Stoddard to S. Smith.
13 . Baer Harrison G. Otis told J. Nicholas that in the caucus mentioned ante 10th. there wanted but 5. votes to produce a declaration of war. Baer was against it.
19 . W. C. Nicholas tells me that in a conversn with Dexter 3. or 4. days ago, he asked Dexter whether it would not be practicable for the states to agree on some uniform mode of chusing electors of a President. Dexter says “I suppose you would prefer an election by districts.” “Yes, said N. I think it would be best, but would nevertheless agree to any other consistent with the Constn.” Dexter said he did not know what might be the opn of his state, but his own was that no mode of election would answer any good purpose; that he should prefer one for life. “On that reasoning said N. you should prefer an hereditary one.” No, he said, we are not ripe for that yet. I suppose added he this doctrine is not very popular with you. No, said N. it would effectually damn any man in my state. So it would in mine said D. but I am under no inducement to bely my sentiment, I have nothing to ask from anybody; I had rather be at home than here; therefore I speak my sentiments freely. Mr. Nicholas a little before or after this, made the same proposition of a uniform election to Ross, who replied that he saw no good in any kind of election.
Perhaps, says he, the present one may last awhile. On the whole Mr. N. thinks he perceives in that party a willingness a wish to let everything go from bad to worse, to amend nothing, in hopes it may bring on confusion and open a door to the kind of govermt. they wish.—In a conversn with Gunn, who goes with them, but thinks in some degree with us, Gunn told him that the very game which the minority of Pennve is now playing with McKean (see substitute of minority in lower house address of Senate in upper) was meditated by the same party in the Federal govmt in case of the election of a republican President; that the Eastern states wd. in that case throw things into confusion break the union. That they have in a great degree got rid of their paper, so as no longer to be creditors, the moment they cease to enjoy the plunder of the immense appropriations now exclusively theirs, they would aim at some other order of things.
Jan. 24 . Mr. Smith, a merchant of Hamburg gives me the following informn. The St. Andrews club of N. York (all of Scotch tories) gave a public dinner lately. Among other guests A. Hamilton was one. After dinner the 1st. toast was the Pres. of the U. S. It was drank without any particular approbation. The next was George the III. Hamilton started up on his feet, insisted on a bumper 3. cheers. The whole company accordly rose gave the cheers. One of them, tho’ a federalist was so disgusted at the partiality shown by H, to a foreign sovereign over his own President, that he mentioned it to a Mr. Schwarthouse an American mercht. of N. York, who mentioned it to Smith.
Mr. Smith also tells me that calling one evening on Mr. Evans, then Speaker of the H. of Rep. of Pensylve, asking the news, Evans said Harper had been just there, speaking of the President’s setting out to Braintree said “he prayed to God that his horses might run away with him or some other accident happen to break his neck before he reached Braintree.” This was indignation at his having named Murray c. to negotiate with France. Evans approved of the wish.
Feb. 1 . Dr. Rush tells me that he had it from Asa Green that when the clergy addressed Genl. Washington on his departure from the govmt, it was observed in their consultation that he had never on any occasion said a word to the public which showed a belief in the Xn religion and they thot they should so pen their address as to force him at length to declare publicly whether he was a Christian or not. They did so. However he observed the old fox was too cunning for them. He answered every article of their address particularly except that, which he passed over without notice. Rush observes he never did say a word on the subject in any of his public papers except in his valedictory letter to the Governors of the states when he resigned his commission in the army, wherein he speaks of the benign influence of the Christian religion.
I know that Gouverneur Morris, who pretended to be in his secrets believed himself to be so, has often told me that Genl. Washington believed no more of that system than he himself did.
1800. March . Heretical doctrines maintained in Senate. On the motion against the Aurora. That there is in every legal body of men a right of self preservation authorizing them to do whatever is necessary for that purpose. By Tracy, Read Lawrence.
That the common law authorizes the proceeding proposed agt. the Aurora, is in force here. By Read.
That the privileges of Congress are and ought to be indefinite. By Read.
Tracy sais he would not say exactly that the common law of England in all it’s extent is in force here: but common sense, reason, morality, which are the foundations of the common law, are in force here and establish a common law. He held himself so nearly half way between the common law of England and what everybody else has called natural law, not common law, that he could hold to either the one or the other, as he should find expedient.
Mar. 11 . Conversing with Mrs. Adams on the subject of the writers in the newspapers, I took occasion to mention that I never in my life had directly or indirectly written one sentence for a newspaper, which is an absolute truth. She said that Mr. Adams she believed had pretty well ceased to meddle in the newspapers since he closed the pieces on Davila. This is the first direct avowal of that work to be his, tho’ long universally understood to be so.
Mr. Douse of Dedham in Massachusetts, of which town Fisher Ames is, corrects information I had formerly received of the very great fortune made by Ames by speculating in the funds. He believes he did a great deal for his friends Gore Mason; but that his own capital was so small that he could not do much for himself. He supposes him worth at present about 30,000 Doll. some of which, he doubts not, was made while in the legislature, by speculation; but that he has a practice at the bar worth about 1000.£. a year lawful, living frugally he lays by some of that. A great deal of his capital has been absorbed by building a very elegant house. He says he is a man of the most irritable furious temper in the world; a strong monarchist.
Mar. 11 . The jury bill before the Senate. Mr. Read says that if from any circumstances of inaptitude the marshall cannot appoint a jury analogously with the state juries, the common law steps in he may name them according to that. And Mar. 12. Same bill. Mr. Chipman speaking of the case of Vermont where a particular mode of naming jurors was in force under a former law of that State, when the law of the U S. passed declaring that juries shall be appointed in their courts in the several states in the mode “now” in use in the same state. Vermont has since altered their mode of naming them. Mr. Chipman admits the federal courts cannot adopt the new mode, but in that case he says their marshal may name them according to the rules of the common law. Now observe that that is a part of the common law which Vermont had never adopted, but on the contrary had made a law of their own, better suited to their circumstances.
Mar. 14 . Freneau in Charleston had the printing of the laws in his paper. He printed a pamphlet of Pinckney’s lres on Robbins’ case. Pickering has given the printing of the laws to the tory paper of that place, tho’ not of half the circulation. The printing amounted to about 100. D. a year.
Mar. 19 . Same subject. Dexter maintained that the com. law as to crimes is in force in the courts of the U S.
Chipman says that the principles of com. right are common law. And he says the com. 1. of England is in force here. There being no law in Vermont for appointing juries which the marshal can follow, he sais he may appoint them as provided by the com. 1. of England tho’ that part of the com. 1. was never adopted in Vermont.
Mar. 21 . Mr. John Marshall has said here that had he not been appointed minister to France he was desperate in his affairs, and must have sold his estate that immediately. That that appointment was the greatest God-send that could ever have befallen a man. I have this from J. Brown S. T. Mason.
Mar. 24 . Mr. Perez Morton of Mass. tells me that Thatcher, on his return from the war-Congress, declared to him he had been for a decln of war against France, many others also; but that on counting noses they found they could not carry it, therefore did not attempt it.
Mar. 27 . Judge Breckenridge gives me the following informn. He and Mr. Ross were originally very intimate; indeed he says he found him keeping a little Latin school, and advised aided him in the study of law brought him forward. After Ross became a Senator and particularly at the time of the Western insurrection they still were in concert. After the British treaty, Ross, on his return, informed him there was a party in the U S. who wanted to overturn the govmt, who were in league with France, that France, by a secret article of treaty with Spain was to have Louisiana; and that Gr. Brit. was likely to be our best friend dependce. On this informn he Breckenridge was induced to become an advocate for the British treaty. During this intimacy with Ross he says that Genl. Collot in his journey to the Western country called on him, frequently that he led Breckenridge into conversns on their grievances under the govmt particularly the Western expedn, that he spoke to him of the advges that country would have in joining France when she should hold Louisiana, showed him a map he had drawn of that part of the country, pointed out the passes in the mountain the facility with which they might hold them against the U S. with which France could support them from N. Orleans. He says that in these conversns Collot let himself out without common prudence. He says Michaud (to whom I at the request of Genet, had given a letter of introduction to the Govr. of Kentucky as a botanist, which was his real profession) called on him; that Michaud had a commissary’s commission for the expedn which Genet had planned from that quarter against the Spaniards; that — the late Spanish commandant of St. Genevieve with one Powers an Englishman called on him. That from all these circumstances together with Ross’s stories he did believe that there was a conspiracy to deliver our country or some part of it at least to the French, that he made notes of what passed between himself Collot and the others, and lent them to Mr. Ross, who gave them to the President by whom they were deposited in the office of the board of war. That when he complained to Ross of this breach of confidence, he endeavored to get off by compliments on the utility importance of his notes. They now cooled towards each other, his opposn, to Ross’s election as governor has separated them in truth tho’ not entirely to appearance.
Dr. Rush tells me that within a few days he has heard a member of Congress lament our separation from Gr. Brit. express his sincere wishes that we were again dependant on her.
1800. Apr. 29 . Jury bill under considn.
Mr. Dexter Hillhouse Mr. Read insisted in the fullest and most explicit terms that the common law of England is in force in these states and may be the rule of adjudication in all cases where the laws of the U S. have made no provision.
Mr. Livermore seemed to urge the same, tho’ he seemed to think that in criminal cases it might be necessary to adopt by an express law.
Mr. Tracy was more reserved on this occasion. He only said that Congress might by a law adopt the provisions of the common law on any subject, by a reference to that, without detailing the particulars; as in this bill it was proposed that the marshals should summon juries “accdg to the practice of the Common law.”
1800, Dec. 23 . —Majr. Wm. Munson, bearer of the Connecticut votes, recommdd. by Pierre. Edwards as a good Whig, he is surveyor of the of New haven, was a good officer in the revolutionary war.
He says that about a twelvemonth ago the Marshal of that state turned out his deputy Marshal because he summoned some republicans on the grand Jury. It seems the Marshal summons the juries for the Fedl. courts.
See a lre from Govr. McKean on the conduct of Genl. Hand, Robert Coleman, Henry Miller supervisors for Pensylve while their legislature were on the appointmt of Electors.
Doctr. Jarvis of Boston is a man of abilities, a firm Whig, but passionate, hot-headed obstinate impliant.
Doctr. Eustace 1 is of equal abilities, amiable almost too accomodating was once rather a trimmer, was forced by the Feds. to become decided against them. Ex relat. Baldwin.
Colo. Hitchburn’s acct is different, that Eustis is superficial Jarvis compleatly profound.
N. Hampsh. Sherburne an able lawyer republican honest.
S. Carola. There is a Ramsay, son of Dr. Ramsay, a judge of a state court, a good lawyer, of excellent private character, eminent abilities, much esteemed republican. His character from Genl. Sumpter. The father is also a republican,
Hamilton Doyley of S. Carola, attached to the state treasury, good republicans.
Brockhurst Livingston, very able, but ill-tempered, selfish, unpopular.
Dewitt Clinton, very able, good, rich and lazy very firm, does not follow any profession. Married Osgood’s daughter in law.
Thos. Sumter, son of Genl. Sumter, S. Caroline. A man of solid understanding. Writes correctly. Seems discreet virtuous, follows no profession.
Harrison, of Carlisle. Genl. Hanna tells me he is as able a lawyer as any in Pensva, a zealous republican.
Mar. 10 . Woodbury Langdon proposes the following changes.
Lylley (?) The present Marshal to be removed a violent, inveterate tory, appointed by the influence of Rogers, former Marshal, has lately appointed a high toned federalist for his deputy.
William Simmonds recommended in his place by John Woodb. Langdon.
Rogers the Supervisor to be removed, he was a violent Revolutionary tory, he was the ringleader of the 16 towns on Connecticut river who were prevailed on to join Vermont in going over to the British, he has spent half of his time in electioneering activity. Still mounts glories in an enormas cockade
Nathanl. Folsome to be naval officer vice Edwd. St. Loe. Livermore.
1800. Dec. 25 . Colo. Hitchburn thinks Dr. Eustis’ talents specious and pleasing, but not profound. He thinks Jarvis more solid. He tells me what Colo. Monroe had before told me of, as coming from Hitchburn. He was giving me the characters of persons in Massachusetts. Speaking of Lowell, 1 he said he was in the beginning of the revolution a timid whig, but, as soon as he found we were likely to prevail he became a great office hunter. And in the very breath of speaking of Lowell, he stopped, says he I will give you a piece of informn which I do not venture to speak of to others. There was a Mr. Hale in Mass. A reputable worthy man who becoming a little embarrassed in his affairs, I aided him, which made him very friendly to me. He went to Canada on some business. The governor there took great notice of him. On his return he took occasion to mention to me that he was authorized by the govr. of Canada to give from 3 to 5,000 guineas each to himself some others, to induce them, not to do anything to the injury of their country, but to befriend a good connection between England it. Hitchburn said he would think of it, and asked Hale to come dine with him to-morrow. After dinner he drew Hale fully out; he told him he had his doubts, but particularly that he should not like to be alone in such a business. On that Hale named to him 4. others who were to be engaged, two of whom said Hitchburn are now dead and two living. Hitchburn, when he had got all he wanted out of Hale, declined in a friendly way. But he observed those 4. men from that moment to espouse the interests of Engld. in every point on every occasion. Tho’ he did not name the men to me, yet as the speaking of Lowell was what brought into his head to tell me this anecdote, I concluded he was one. From other circumstances respecting Stephen Higginson of whom he spoke, I conjectured him to be the other living one.
Dec. 26 . In another conversn I mentioned to Colo. Hitchburn that tho’ he had not named names, I had strongly suspected Higginson to be one of Hale’s men. He smiled said if I had strongly suspected any man wrongfully from his information he would undeceive me; that there were no persons he thought more strongly to be suspected himself than Higginson Lowell. I considered this as saying they were the men. Higginson is employed in an important business about our navy.
1801. Feb. 12 . Edwd. Livingston tells me that Bayard applied to day or last night to Genl. Saml. Smith represented to him the expediency of his coming over to the states who vote for Burr, that there was nothing in the way of appointmt. which he might not command, particularly mentioned the Secretaryship of the navy. Smith asked him if he was authorized to make the offer. He said he was authorized. Smith told this to Livingston to W. C. Nicholas who confirms it to me. Bayard in like manner tempted Livingston, not by offering any particular office, but by representing to him his L.’s intimacy connection with Burr, that from him he had everything to expect if he would come over to him. To Dr. Linn of N. Jersey they have offered the government of N. Jersey. See a paragraph in Martin’s Baltimore paper of Feb. 10 signed a looker on, stating an intimacy of views between Harper Burr.
Feb. 14 . Genl. Armstrong tells me that Gouvernr. Morris in conversation with him to-day on the scene which is passing expressd himself thus. How comes it, sais he, that Burr who is 400. miles off (at Albany) has agents here at work with great activity, while Mr. Jefferson, who is on the spot, does nothing? This explains the ambiguous conduct of himself his nephew Lewis Morris, and that they were holding themselves free for a prize; i. e. some office, either to the uncle or nephew.
Feb. 16 . See in the Wilmington Mirtor of Feb. 14. Mr. Bayard’s elaborate argument to prove that the common law, as modified by the laws of the respective states at the epoch of the ratificn of the constn, attached to the courts of the U S.
Mar. 8, 1801 .
N. H. Restore Whipple Gardner, Collector, commr. of loans.
Change no other except the recent. Livermore, Naval Officer, to be removd. by by, George Wentworth to be put in his place.
Mass. Change only the new District Atty. viz George Blake for Otis.
Maine. Parker, Marshal, to be removed by by, a very violent influential industrious fed. put in not very fairly.
Davis the Atty is expected to resign, Silas Lee must be put in his place.
John Lee, Collector of Penobscot, bror of Silas, a refugee, a royalist, very violent.
To be removed when we appoint his brother Atty.
Conn. Mr. Lincoln to consult Edwards Jr. as to removing Goodrich. 1
Vermont.—Marshal atty to be removd. immedly. John Williard of Addison County to be Marshal. Fay rather approvd. for Atty.
New York.—Postponed
Jersey.—Propose to Linn to accept Atty’s. place Vice Frelinghuysen. Mr Gallatin will write.
Oliver Barnet to be Marshal when Lowry resigns.
Turn out the tory collector, an atrocious anpointment.
Pensve. Hall to be removd. Shee to be appointed. No. see Bukley. George Reinhart to be keeper of public stores vice Harris.
Genl. William Irvine to be superintendt Military stores vice Hodgson.
Peter Muhlenbg supervisor vice Genl. Henry Miller, but not till after May.
Dallas Atty of E. distr.
Hamilton do. of W. distr.
Presley Carr Lane Marsh. W. distr. vice Barclay new appoint.
Delaware.—The Collector Mclane to be retained. Enquire as to Marshal collector.
Maryland.—Hopkins, Marshal to be removd. Reuben Etting to be appd.
Also Zeb. Hollingsworth, John Scott to be appd.
Virginia. D. Randolph to be removd. Scott to be appd.
S. C. Adopt. C. Pinckney’s nominations, but take time till after session Congress 1801–2.
Georgia.—Only the collector to be questd. Supposed. a delinquent. Richard Wyley to be in his place, he is now loan officer.
Kentucky. Colo. Joseph Crocket vice McDowell as Marshal, but wait proofs of extortion.
General rule. Remove no collectors till called on for acct. that as many may be removed as defaulters as are such.
Present Gallatin Dearborn, Lincoln.
Mar. 8 —On application from an old Col. Wafford presented by Mr. Baldwin, he was settled near the Cherokee line, but supposed on our side, on running it however he was left on their side, some other families in the same situation: approved of Genl. Dearborn’s writing to Hawkins to negotiate for their quiet, and that we will within 2. or 3. months take up the subject give him final instrns.
[Mar.] 9 . —Prosecutions under Sedition law. Remit the fines enter Nolle proseque in the prosecution depending under that law, to wit Callendar Brown are in exn. Duane under prosecr.
Present as before.
Mr. Lincoln to consult Edwd. Granger Kirby Walcot as to Goodrich’s commn.
Dawson to have 6 Dol. a day.
2 frigates to cruise in W. Indies, 2 in Miditerreann. 2 at Isle of Boubon.
Sign the duty proposd. by Commrs. of Washn. continuing permission to build houses in certain forms.
May 15, 1801 . Shall the squadron now at Norfolk be ordered to cruise in the Mediterranean. What shall be the object of the cruise.
Lincoln. Our men of war may repel an attack on individual vessels, but after the repulse, may not proceed to destroy the enemy’s vessels generally
Gallatin. To declare war to make war is synonimous. The exve can not put us in a state of war, but if we be put into that state either by the decree of Congress or of the other nation, the command direction of the public force then belongs to the exve.
Smith. If a nation commences war, the exve. is bound to apply the public force to defend the country.
Dearborne. The expedition should go forward openly to protect our commerce against the threatened hostilities of Tripoli.
Madison.—That the cruise ot to be undertaken, the object openly declared to every nation. All concur in the expediency of cruise.
Whether the Captains may be authorized, if war exists, to search for and destroy the enemy’s vessels wherever they can find them? all except Mr. L. agree they should; M. G. S. think they may pursue into the harbours, but M. that they may not enter but in pursuit.
A letter to the Bey of Tripoli by the President send a years tribute in form of stores by a ship. Send 30,000 D. by frigats on the idea that the commutn of stores to Money has bn. settled.
May 16 . Murder commd. by Moorhead Little, British subjects on a person within the limits of the U. S.
The case of Govr. Pinckney Queseda is quoted. Also the demand by Mr. Liston of Secretary Pickering contra.
Unanimous not to demand the accessories to the murder.
But the murderers to be demanded.
Govr. Serjeant not to be reappointed—unanimous.
May 17 . Treaty proposed with Cherokees. Agreed unanimously.
Object. 1. To obtain the lands between Sumner Mero district offering as far as an annuity, of 1000. D. and a sum in gross not exceeding 5,000. D.
2. If not obtainable, then buy all the accomodns. on the road between the two districts at such sum in gross as the Commrs. think fit.
To treat with Chickasaws. 1. To buy their lands north of Kentucky boundary.
2. To obtain road houses of accomodn for travellers from Tennissee towds. Natchez, but if treaties for the lands is offensive to Chickesaws then confine their proposn. to the road. Price discretionary in Commrs.
To treat with Choctaws for road, price discretionary. They also to fix on the 3. trading posts resirved in our former treaties to treat with the Creeks. 1. For the purchase of the Talassee county.
2. For the fork of Oakmulgee Owney, but all instrn. further dicesion as to this to be postponed till we take up the Treaty with Georgia, a letter to be written to the Georgia commrs to know if they will cede the Misn. territory in exchange for Talassee Oakmulgee fork.
Davie, Wilkinson Hawkins.
Suppress the Missions to the U. Netherlds Portugal Prussia.
Send none to Denmark.
Removals. All recent to be considd. as mere avenues.
Marshals Attornies to be removed where federal, except in particular cases.
N. H. The Marshal tho’ a federalist ot not to be removd because of his connections.
Sherburne to be atty vice Livermore.
Maine. Davis to be removed as he will not resign. He is violent.
Mass. Not change the Marshal tho’ federal, he is moderate prudent will be republican.
R. I. If Barnes accepts commn of Judge. Mr. Lincoln will enquire recommd. atty. or Judge.
Conn. Enoch Parsons to be Marshal.
Delaware. Hamilton Marshl. to be removed, enquire for substitute.
Read Atty to be contind.
Maryld. Hollingsworth not to be removed till after September.
He is incapable.
Customs,
The Collector Vice John Lee. Wait for further informn.
Saml. Bishop Collector at New haven.
Alexr. Wolcott Collector at Middletown.
N. J. John Hurd to be collector of the port of Amboy vice Bell.
Excise.
Commt. Kirby Vice John Chester.
June 13 . At a meeting with the 4 Secretaries at the Secy. of State’s office. Unanimously agreed that Mr. King 1 shall be informed that we desire he should conclude the negotiation on the subject of the VIth Article, as he had begun under former orders, for the sum in gross which he has offered, to wit 506m £ sterl. and no more. Afterwds agrd. to 600,000 because King hd offered it.
1801. June 23 . Andrew Ellicot tells me that in a conversn last summer with Majr. William Jackson of Philadelphia, on the subject of our intercourse with Spain, Jackson said we had managed our affairs badly, that he himself was the author of the papers against the Spanish minister signed Americanus, that his object was irritation, that he was anxious, if it could have been brought about to have plunged us into a war with Spain, that the people might have been occupied with that, not with the conduct of the admn other things they had no business to meddle with.
Oct. 22 . Prest. 4 Secretaries. Captains of navy reduced from 15 to 9, by a vote on each man struck off. Those struck off are Mr. Niel of Boston Decatur of Pennsa. Rogers of Maryld. Tingey of Columbia, S. Barron of Virg. 2 Campbell from S. Cara. but a northern man. The retained are Nicholson Preble of Maryd. Morris Bainbridge of N. Y. Truxton of Jersey. Barry, Delaware Murray of Pensve. Jas. Barron of Virge.
A state of the gallies to be called for and be ready for sale at meeting of Congress unless contrary determin.
Spain to be addressed in a firm but friendly tone on the depredns at Algiers. Not to order convoys for our vessels agt. Spain.
Nov. 11 . Present the 4. Secretaries. Qu. Shall Rogers be removd in N. Y? Unan. to let lie till Congress.
Qu. Whether we shall proclaim the French treaty or wait and lay it before the Senate? Unan. not to proclaim but to say to Pichon we will go on with the exn.
1802. Jan. 18 . Prest. the 4. Secretaries and atty Genl. Agreed to offer peace to Tripoli on est. terms to continue tribute to Algiers to send 2. frigates schooner immediately. If war with Tripoli continues 2 frigates there constantly one for relief, 400,000. D. to be appropriated for the whole naval business of the year, including navy yards on which little is to be done, 500.000 to pay contracts due becomeing due this year.—Exn of French treaty to be retained by Exve.
1802. Oct. 21 . Present the 4. Secretaries. 1. What force shall be left through the winter in the Mediterranean?
2. What negociations, What presents shall be proposed to Marocco?
Anns. 1.—The two largest frigates President Chesapeake, the time of whose men is out in December, ought to be called home immediately.
The two best frigates, the N York and John Adams which are smallest also, the men engaged till Aug. next to remain through the winter, even if peace be made with Tripoli.
The Adams whose times are up in April, to remain thro’ the winter, or come away accdg. to appearances with Marocco.
Anns. 2. Forbid Simpson to stipulate any presents or paimts. at fixed periods but allow him to go as far as 20,000. D. to obtain a firm establsnt. of the state of peace with Marocco.
Shall the expenses of transporting our abandoned seamen home, by the Consul [?] Lee be paid by us and out of what fund?
Unanimously that it must be paid and out of the Contingent fund of 20.000. D.
1803—Apr. 8 . Present 4 Secretaries Atty Genl.
1—Is there sufficient ground to recall Morris 1 institute inquiry into his conduct, unanim. not.
2.—Shall Morris be ordd. home in the returng. vessel leave some other officer to command? Unanim not.
3.—Shall the return of the Chesapeeke Adams be countermanded till the 4 small vessels arrive? unanim. not, will be too late.
4.—Shall we buy peace of Tripoli? unan. Yes.
5.—By a sum in gross or a tribute?
Gall. Dearb. Lincoln for both, Mad. Smith for sum in gross promise of renewing presents at times.
Dearb. 50 and 8,000, Lincoln 30 15,000, Mad. 10 5000 with some margin, Gall. 20 10, Smith 50 and 10.
Great Britain, if repesg. our rights by France, forces us to overtures to England as an ally, on what conditions?
1.—Not to make a separate peace? | All reject the 2d 3d condns. Dearborne Lincoln reject the 1st. the others agree to the 1st. |
2.—To let her take Louisiana? | |
3.—Commercial privileges? |
Agreed to instruct our Ministers, as soon as they find that no arrangement can be made with France, to use all possible procrastinations with them and in the meantime enter into conferences with the British Govmt. thro’ their ambassador at Paris to fix principles of alliance, and leave us in peace till congress meets, prevent war till next spring.
May. 7 .— Present 4 Secretaries Atty. Genl.
On the supposition that War between England and France is commenced or whenever it shall commence.
1.—Shall we issue a proclamation of neutrality? Unanimously not. It’s object as to our citizens is unnecessary, to wit the informg. them that they are to observe the duties of neutrality, because the late instance is so recent as to be in their minds, as to foreign nations, it will be assuring them of our neutrality without price, whereas France may be willing to give N. Orleans for it, and England to engage a just respectful conduct.
2.—Sea letters to be given even on the present apparent probability of war.
3.—Customhouse officers to attend to the having our Seamen furnished with certif. of citizenship in bonafide cases.
4.—New Orleans, altho’ no specific opinion is asked, because premature till we hear from our Ministers, see the complexion probable course duration of the war, yet the opinion seems to be that we must avail ourselves of this war to get it. Whether if negocian. fails we shall take it directly or encourage a decln of independence and then enter into alliance T. We have time enough to consider. We all deprecate Gr. Br’s taking possn of it. We all agree we should not commit ourselves by a convention with France, accepting merely our right of deposit, or any improvement of it short of the sovereignty of the island of New Orleans, or a portion sufficient for a town to be located by ourselves.
July 16 . Present the 4 Secretaries.
The cession of Louisiana being to be ratified by the 30 Oct. shall Congress be called, or only Senate, when?
Answer unanimous Congress on the 17th. of October. A Proclamation to issue, a copy to be inclosed to every member in a letter from the Secretary of State mentioning that the call 3. weeks earlier than they had fixed was rendd, necessary by the treaty, and urging a punctual attendance on the 1st. day.
The substance of the treaty to be made public, but not the treaty itself.
The Secretary of State to write to our Consul at N. Orleans, communicating the substance of the treaty and calling his attention to the public property transferred to us, to archives, papers documents relative to domain and sovereignty of Louisiana and its dependancies. If an order should come for immediate possession, direct Govr. Claiborne to go take possn and act as Governor and Intendant under the Spanish laws, having everything to go on as heretofore, only himself performg. functions of Govr. Intendt but making no innovation, nor doing a single act which will bear postponing.
Order down 2 or more companies from Ft. Adams get the Spanish troops off as soon as possible. Write to Livingston Monroe, approving their having treated for Louisiana the price given, and to say we know of no reason to doubt ratification of the whole. Mr. Gallatin disapproves of this last as committing ourselves or the Congress. All the other points unanimous.—
Edward Livingston to be removed from the Office of Attorney for the U. S. in New York for malversation.
Mr. Madison not present at this last determination.
Monroe to be instructed to endeavor to purchase both Floridas if he can, West if he cannot East at the prices before agreed on, but if neither can be procured then to stipulate a plenary right to use all the rivers rising within our limits passing through theirs. If he should not be gone to Madrid leave it discretionary in him to go there, or to London or to stay at Paris as circumstances shall appear to him to require. We are more indifferent about pressing the purchase of the Floridas, because of the money we have to provide for Louisiana, because we think they cannot fail to fall into our hands.
Oct. 4 —Present Secretaries of State, Treasury, War.
Will it be advisable for forcible possn of N. Orleans to be taken, if refused, unanimous it will. Should we now prepare force so as to have it ready the moment Congress authorises it? Unan. it will.
What force? 400. regulars from F. Adams, 100 Do. from Chickasaw bluffs Massac. 500 militia of Mis. tery, boatmen sailors.
1803. Dec. 13 . The revd Mr. Coffin of New England who is now here soliciting donations for a college in Greene county in Tennissee, tells me that when he first determined to engage in this enterprise, he wrote a paper recommendatory of the enterprise, which he meant to get signed by clergymen, and a similar one for persons in a civil character, at the head of which he wished Mr. Adams to put his name, he being then President, the application going only for his name not for a donation. Mr. Adams after reading the paper considering, said “he saw no possibility of continuing the union of the states, that their disolution must necessarily take place, that he therefore saw no propriety in recommending to New England men to promote a literary institution in the South, that it was in fact giving strength to those were to be their enemies, therefore he would have nothing to do with it.”
Dec. 31 . After dinner to-day the pamphlet on the conduct of Colo. Burr 1 being the subject of converns Matthew Lyon noticed the insinuations agt. the republicans at Washington pending the Presidential election, expressed his wish that everything was spoken out which was known: that it would then appear on which side there was a bidding for votes, he declared that John Brown of Rhode Island, urging him to vote for Colo. Burr used these words. “What is it you want, Colo. Lyon? Is it office, is it money? Only say what you want you shall have it.”
1804. Jan. 2 . Col. Hitchburn of Mass. reminding me of a letter he had written me from Philadelphia pending the Presidential election, sais he did not therein give the details. That he was in company at Phila. with Colo. Burr Genl. Sam. Smith (when the latter took his trip there to meet Burr, obtained the famous letter from him) that in the course of the conversn on the election, Colo. Burr said “we must have a President, a constnal one in some way.” “How is it to be done, says Hitchburn, Mr. Jefferson’s friends will not quit him, his enemies are not strong enough to carry another” “Why, sais Burr, our friends must join the federalists, and give the president.” The next morning at Breakfast Colo. Burr repeated nearly the same, saying “we cannot be without a president, our friends must join the federal vote.” “But, says Hitchburn, we shall then be without a Vice-president; who is to be our Vice-president?” Colo. Burr answered “Mr. Jefferson.”
Jan. 26 . Col. Burr the V. P. calls on me in the evening, having previously asked an opportunity of conversing with me. He began by recapitulating summarily that he had come to N. Y. a stranger some years ago, that he found the country in possn of two rich families, (the Livingstons Clintons) that his pursuits were not political he meddled not. When the crisis, however of 1800 came on they found their influence worn out, solicited his aid with the people. He lent it without any views of promotion. That his being named as a candidate for V. P. was unexpected by him. He acceded to it with a view to promote my fame advancement and from a desire to be with me, whose company and conversation had always been fascinating to him. That since those great families had become hostile to him, and had excited the calumnies which I had seen published. That in this Hamilton had joined and had even written some of the pieces against him. That his attachment to me had been sincere and was still unchanged, altho many little stories had been carried to him, he supposed to me also, which he despised, but that attachments must be reciprocal or cease to exist, and therefore he asked if any change had taken place in mine towards him: that he had chosen to have this conversn with myself directly not through any intermediate agent. He reminded me of a letter written to him about the time of counting the votes (say Feb. 1801) mentioning that his election had left a chasm in my arrangements, that I had lost him from my list in the admn. c. He observed he believed it would be for the interest of the republican cause for him to retire; that a disadvantageous schism would otherwise take place; but that were he to retire, it would be said he shrunk from the public sentence, which he never would do; that his enemies were using my name to destroy him, and something was necessary from me to prevent and deprive them of that weapon, some mark of favor from me, which would declare to the world that he retired with my confidence. I answered by recapitulating to him what had been my conduct previous to the election of 1800. That I never had interfered directly or indirectly with my friends or any others, to influence the election either for him or myself; that I considered it as my duty to be merely passive, except that, in Virginia I had taken some measures to procure for him the unanimous vote of that state, because I thought any failure there might be imputed to me. That in the election now coming on, I was observing the same conduct, held no councils with anybody respecting it, nor suffered any one to speak to me on the subject, believing it my duty to leave myself to the free discussion of the public; that I do not at this moment know, nor have ever heard who were to be proposed as candidates for the public choice, except so far as could be gathered from the newspapers. That as to the attack excited against him in the newspapers, I had noticed it but as the passing wind; that I had seen complaints that Cheetham, employed in publishing the laws, should be permitted to eat the public bread abuse its second officer: that as to this, the publishers of the laws were appd by the Secy, of the state witht. any reference to me; that to make the notice general, it was often given to one republican one federal printer of the same place, that these federal printers did not in the least intermit their abuse of me, tho’ receiving emoluments from the govmts and that I have never thot it proper to interfere for myself, consequently not in the case of the Vice president. That as to the letter he referred to, I remembered it, and believed he had only mistaken the date at which it was written; that I thought it must have been on the first notice of the event of the election of S. Carolina; and that I had taken that occasion to mention to him that I had intended to have proposed to him one of the great offices, if he had not been elected, but that his election in giving him a higher station had deprived me of his aid in the administration. The letter alluded to was in fact mine to him of Dec. 15, 1800. I now went on to explain to him verbally what I meant by saying I had lost him from my list. That in Genl. Washington’s time it had been signified to him that Mr. Adams, the V. President, would be glad of a foreign embassy; that Genl. Washington mentd. it to me, expressed his doubts whether Mr. Adams was a fit character for such an office, his still greater doubts, indeed his conviction that it would not be justifiable to send away the person who, in case of his death, was provided by the constn to take his place; that it would moreover appear indecent for him to be disposing of the public trusts in apparently buying off a competitor for the public favor. I concurred with him in the opinion, and, if I recollect rightly, Hamilton, Knox, Randolph were consulted gave the same opinions. That when Mr. Adams came to the admn, in his first interview with me he mentioned the necessity of a mission to France, and how desirable it would have been to him if he could have got me to undertake it; but that he conceived it would be wrong in him to send me away, and assigned the same reasons Genl. Washington had done; and therefore he should appoint Mr. Madison c. That I had myself contemplated his (Colo. Burr’s) appointment to one of the great offices; in case he was not elected V. P. but that as soon as that election was known, I saw it could not be done for the good reasons which had led Genl W. Mr. A. to the same conclusion, and therefore in my first letter to Colo. Burr after the issue was known, I had mentioned to him that a chasm in my arrangements had been produced by this event. I was thus particular in rectifying the date of this letter, because it gave me an opportunity of explaining the grounds on which it was written which were indirectly an answer to his present hints. He left the matter with me for consideration the conversation was turned to indifferent subjects. I should here notice that Colo. Burr must have thot that I could swallow strong things in my own favor, when he founded his acquiescence in the nominn as V. P. to his desire of promoting my honor, the being with me whose company conversn had always been fascinating to him c. I had never seen Colo. Burr till he came as a member of Senate. His conduct very soon inspired me with distrust. I habitually cautioned Mr. Madison against trusting him too much. I saw afterwards that under Genl W.’s and Mr. A.’s admns, whenever a great military appmt or a diplomatic one was to be made, he came post to Philada to shew himself in fact that he was always at market, if they had wanted him. He was indeed told by Dayton in 1800 he might be Secy. at war; but this bid was too late. His election as V. P. was then foreseen. With these impressions of Colo. Burr there never had been an intimacy between us, and but little association. When I destined him for a high appmt, it was out of respect for the favor he had obtained with the republican party by his extraordinary exertions and successes in the N. Y. election in 1800.
1804. Feb. 18 . —Present the 4. Sec’ Atty. Genl.
It is agreed we shall consider the settlement on the Mining from Iberville up to our line, as our territory as to importations and exportations thro’ the Missip. making Baton rouge a port of delivery. So also as to what shall come thro’ Ponchartrain that the Militic of Colour shall be confirmed in their ports and treated favorably till a better settled state of things shall permit us to let them neglect themselves.
That an intimation shall be given by Claiborne to Morales 1 that his continuance in that territory is not approved by the Government.
That the remaining Span. troops shall be desired to withdraw.
That Fort Stoddart shall be a port of entry. That Monroe shall be instructed to negotiate as to our lines with Spain, the extension of territory.
Eastwd. viz—1—To the Perdido—2—To Apalachicola. 3. All E. Florida. That according to the greater or less extent he may give of the following equivalents. 1. Relinquish our right from the Rio Bravo, Eastwardly towards the Mexican river. 2. Stipulate that a band of country of given breadth shall be established between our white settlements to be unsettled by either party for a term of years. 3. 1,000,000 Dollars. As to Stevens’ accounts opinions seem not to be satisfactorily formed except by Mr. Gallatin that there is no fund applicable, Mr. Madison that the foreign intercourse fund is applicable; with this last I concur.
May 26 .
Present the Secretaries and Atty. Genl. What terms of peace with Tripoli shall be agreed to? If successful, insist on their deliverg. up men without ransom, and reestablishing old treaty without paying anything. If unsuccessful, rather than have to continue the war, agree to give 500. D. a man. (having first deducted for the prisoners we have taken) and the sum in gross tribute before agreed on. Shall anything be furnished to the Ex-Bashaw to engage coöperation? Unanimously 20,000. D. Whether we shall prohibit our mercht. vessels from arming to force a trade in St. Domingo as requested by Pichon? Unanimously not.
1804. Oct. 8 . Present the 4 Secritaries. Yrujo’s and C. Pinckney’s communicns submitted.
Cevallos’s 1st, condn. as to giving time for commencet. of commissn. All agree we may fix a day with Yrujo not exceeding 6 months hence, say nothing which shall weaken our claims under the 6th. article and repeat the explanation of the 4th. 11th. article of the Act of Congress already given him and communicate the Act of the President defining the district.
A letter to be written to Yrujo on the impropriety of his publishing his letter to the Sec’y. of State.
1805. Jan. 8 . Indian affairs.
Sac murderer. Pardon him.
Osages. Their mill to be built.
The seceders under Le grande piste: persasñ—not force.
Sioux. Sacs, Ayouas [Iowas]. Receive their visit.
Commerce forts at Chickago mouth of Ouisconsing 1 to prevt. interlopers with nations bordering on us, the U. S. to carry it on. With distant nations let individuals.
License none but natives of American territory.
Permit no liquor.
Chamber’s idea as to Choctows of annl. paimt. in lands.
Little Turtle. Let a joint right to lands be proved we will pay.
Tripoli.
New instrnts. Not to give a dollar for peace.
If the enterprise in the spring does not produce peace delivery of prisoners, ransom them.
G. Britain—countervail their duty on exports by refusing entry to merchandise which has pd. a greater export duty coming here, than would have been paid going to any other for’n country. Countervail their prohbn to our vessels to carry our produce to their possns by not permittg their vessels to do it after the 21st of May 1805.
Gov. Harrison’s lre Dec. 14. Property stolen by Indns.
Arrears to be pd. by public.
Hawkins Do. Dec. 15. Road thro Creeks to N. O. Spanish alarm proposns to Indians.
Feb. 21 —Spanish 1 movements. to Adaïs 2 c. Lanana. S. Antonio. Turner to Claiborne, Cados, Paunies, send factory immedly.
Court them.
Bayou Pierre, Span. settlemt. on Red rivr. 70. mi. above Natchitoches. Lanana, 40. mi. from Mactchitoches.
Spands. have takn. post there—Casa Calvo his guard to retire.
Louisiana bank.
Mounted infantry to scour disputed country.
Claiborne to have interview with Govr. of Texas. 3
Casacalvo?
Matta Gordo. 2. Span. regimts. to b’ establd. there. (i. e. Bay of St. Bernard).
Cavalry infantry from Mexico expected at St. Antonio.
A Governr. wth. 3000, men com’g. to Nacogdoches.
The prest. Comandt. of Nacogdoches to take post at Adaïs.
1100. Seminoles invited to Pensacola by Govr.
3. regimts. of 1500 men each expectd. from Havana for Pensaca. Mob. 1 Plat R. 200,000 cavelry. Forts to be at Pascagoula Pearl rivers.
1000. families under the prest. govr. of St. Antonio, to come to Adaïs.
An officer 100 dragoons have been takg. survey of Rio Guadalupe.
4. regiments ordered for the frontier (Nacogdoches).
Chamber’s lre. the Span. duties at Mobille to be submd. to till furthr. order.
Choctaws. Nannahubba isld. is ours.
1805—July 8 . Present the 4. Secretaries. Privateers are now blockading Charleston, the capes of Chesapeake and Delaware and capturing vessels without the smallest pretext, merely because they are rich.
It is determd. by unanimous consent (except Mr. Gallatin who dissents) that the vessels being some without commns. some with insfft. commns. some doing what their commns. do not warrt. all of which is within the definition of piracy the act of Congr. authorizing us to keep 6 frigates in commn. in time of peace with ⅔ their ordinary compliment, having authorized the buildig. equippg. c 2. brigs without confining them to specific objects, we are authorized from this force to take what may be necessary to suppress these pyracies, accdly. that the Adams and the brig Hornet building at Baltimore, shall be got ready sent out, confined entirely to the suppression of these piracies on our Atlantic coast, chusing prudent officers and giving cautious instructions. There are funds sufficient regularly appropriated to the fitting out, but for manning the proper funds are already exhausted, consequently we must borrow from other funds, and state the matter to Congress. Our general opinion is that as soundings on our coast cease at the beginning of the gulph stream, we ought to endeavor to assume all the waters within the gulph streem as our waters so far as to exclude privateers from hovering within them.
1805—Nov. 12 . Present the 4. Secretaries, subject Spanish Affaires. The extension of the war in Europe leaving us without danger of a sudden peace, depriving us of the chance of an ally, I proposed we shd. address ourselves to France, informg. her it was a last effort at amicable settlement with Spain, and offer to her or through her, 1. a sum of money for the rights of Spain east of Iberville, say the Floridas. 2. to cede the part of Louisiana from the Rio Bravo to the Guadaloupe. 3. Spain to pay within a certain time spoliations under her own flag agreed to by the convention (which we guess to be 100. vessels worth 2. mil:) and those subsequent (worth as much more) to hypothicate to us for those paimts. the country from Guadaloupe to Rio Bravo. Armstrong to be employed. The 1st was to be the exciting motive with France to whom Spain is in arrears for subsidies and who will be glad also to secure us from going into the scale of England. The 2d. the soothing motive with Spain which France would press bona fide because she claimed to the Rio Bravo. The 3d. to quiet our merchants—it was agreed to unanimously the sum to be offered fixed not to exceed 5 millions dollars. Mr. Gallatin did not like purchasing Florida under an apprehension of war, lest we should be thought in fact to purchase peace. We thought this over-weighed by taking advantage of an opportunity which might not occur again of getting a country essential to our peace, to the security of the commerce of the Missipi.—It was agreed that Yrujo shd. be sounded thro’ Dallas whether he is not going away, if not he should be made to understand that his presence at Washington will not be agreeable and that his departure is expected. Casacalvo, Morales and all the Span. officers at N. O. are to be desired to depart, with a discretion to Claiborne to let any friendly ones remain who will resign become citizens: as also women receiving pensions to remain if they chuse.
Nov. 19 —Present the same.—Since our last meeting we have recd. a letter from Genl. Armstrong containing Talleyrand’s propositions, which are equivalent to ours nearly, except as to the sum, he requiring 7. m. D. he advises that we alarm the fears of Spain by a vigorous language conduct, in order to induce her to join us in appealing to the interference of the Emperor. We now agree to modify our propotns. so as to accommodate them to his as much as possible. We agree to pay 5. mil. D. for the Floridas as soon as the treaty is ratified by Spain, a vote of credit obtd. from Congress orders delivd. us for the surrender of the country. We agree to his proposition that the Colorado shall be our western boundary, and a belt of 30. leagues on each side of it kept unsettled. We agree that joint commrs. shall settle all spolians, to take paimt. from Spain by bills on her colonies. We agree to say nothing about the French spolians. in Span. ports which broke off the former conventn. We propose to pay the 5. mills. after a simple vote of credit, by stock redeemable in 3. years, within which time we can pay it.
We agree to orders to the commandg. officer at Natchitoches to patrole the country on this side the Sabine all the red river as being in our possn. except the settlemt. of Bayou Pierre which he is not to disturb unless they agress. He is to protect our citizens repel all invasions of the preceeding country by Span. soldiers, to take all offenders without shedding blood unless his orders cannot otherwise be executed.
1806. Mar. 5 . —For particular instructions to Armstrong Bowdoin relative to the purchase of the Floridas from Spain see my letter of this day to Mr. Madison.
14.—Present the 4 heads deptmt. atty. Gen.
Tunis.—A lre. recd. from their ambassador here, rejecting the offer of the return of the cruiser taken—including the blockade of Tripoli, or 4000. D. making vague demands threatening war in direct terms. Unanimous opin. that he be answered that we do nothing under threats, that he must take back them, or end negotiation with him send either our Consul or Commodore to his sovereign to know if he means war, we further agreed that if he should take back his threats, we might agree to restore him the cruiser taken in as good state as when taken the 2. prizes which were almost nothing in value, if they were still in our hands, of if not, then a vessel of equal value to be bought, presents are proposed to be made equal in value to those he brought.
Tripoli.—We do not know that the family of the exbashaw is yet given up, shall he restore the blockade till it is done? Unanimously no. That would be an act of war to which Congress alone is compett. Let it be given in charge to the Consul who is going to press the surrender of the family with urgency, to let it be plainly understood we will not retire from the fulfilment of that article of the treaty and if it is not done, we may lay it before Congress at the next session when we can better spare gunboats than now.
Spain.—It is understood that if Spain will not sell the Floridas, we may agree to the Sabine Perdido as the ultimatum of boundary, with all the waters of the Missipi.
England.—Mr. Pinkney of Maryld. is approved as a special missionary to England also to succeed Monroe. It seems to be the sentiment, tho no question was taken, that we may enter into treaty with England, the sum of which should be to settle neutral rights, not insisting on the principle of free ships, free goods, and modifying her new principles of the “accustomed trade” so as to give up the direct, keep the indirect commerce between colonies their metropols, restraining impressmts. of seamen to her own citizens in her own ports, giving her in commerce the rights of the most favored nations without entering into details. Endeavor to get a relinqumt of her right of commerce with our Indians, or insist on security for our people trading with hers. Endeavour also to exclude hostilities within the gulph stream.
Agreed that Colo. Smith survr. of N. Y. ought to be removed Peter A. Schenk appod.
That Capt. Rogers ought to return from the Mediterranean so as not to mark him, and James Barron be sent to command there.
Apr. 14 . —Present all the heads of departments. The message of this day to both houses respecting Tunis was submitted to them, approved by all of them except Mr. Gallatin who would rather no communication on the subject should be made. However he suggested several alterations in the message, which were made.
Information being received that the Spaniards prohibit our vessels passing up the Mobille, I proposed for their considn whether I should communicate it to Congress. We all were against it except Mr. Madison Genl. Dearborne who rather leaned to a communcion but acquiescd, the reasons against it were that it would open anew the sluices of invective which had lately been uttered there, the lateness of the period, Congress being to adjourn in 7 days, the impossibility of their administering a remedy in that time the hope that we might get along till we could hear from Paris.
1806. April 15 . About a month ago, Colo. Burr called on me entered into a conversation in which he [mentioned] that a little before my coming into office I had written to him a letter intimating that I had destined him for a high employ, had he not been placed by the people in a different one; that he had signified his willingness to resign as V. President to give aid to the admn in any other place; that he had never asked an office however; he asked aid of nobody, but could walk on his own legs, take care of himself; that I had always used him with politeness, but nothing more: that he aided in bringing on the present order of things, that he had supported the admn, that he could do me much harm: he wished however to be on differt. ground: he was now disengaged from all particular business, willing to engage in something, should be in town some days, if I should have anything to propose to him. I observed to him that I had always been sensible that he possessed talents which might be employed greatly to the advantage of the public, that as to myself I had a confidence that if he were employed he would use his talents for the public good: but that he must be sensible the public had withdrawn their confidence from him that in a government like ours it was necessary to embrace in its admn as great a mass of public confidce as possible, by employing those who had a character with the public, of their own, not merely a secondary one through the Exve. He observed that if we believed a few newspapers it might be supposed he had lost the public confidence, but that I knew how easy it was to engage newspapers in anything. I observed that I did not refer to that kind of evidence of his having lost the public confidence, but to the late presidential election, when, tho’ in possn of the office of V. P. there was not a single voice heard for his retaining it. That as to any harm he could do me, I knew no cause why he should desire it, but at the same time I feared no injury which any man could do me: that I never had done a single act, or been concerned in any transaction, which I feared to have fully laid open, or which could do me any hurt if truly stated: that I had never done a single thing with a view to my personal interest, or that of any friend, or with any other view than that of the greatest public good: that therefore no threat or fear on that head would ever be a motive of action with me. He has continued in town to this time; dined with me this day week called on me to take leave 2. or 3. days ago. I did not commit these things to writing at the time but I do it now, because in a suit between him Cheetham, he has had a deposn of Mr. Bayard taken, which seems to have no relation to the suit nor to any other object but to calumniate me. Bayard pretends to have addressed to me, during the pending of the Presidl election in Feb. 1801. through Genl. Saml. Smith, certain condns on which my election might be obtained, that Genl. Smith after conversing with me gave answers from me. This is absolutely false. No proposn of any kind was ever made to me on that occasion by Genl. Smith, nor any answer authorized by me. And this fact Genl. Smith affirms at this moment. For some matters connected with this see my notes of Feb. 12. 14. 1801 made at the moment. But the following transactions took place about the same time, that is to say while the Presidential election was in suspense in Congress, which tho’ I did not enter at the time they made such an impression on my mind that they are now as fresh as to their principal circumstances as if they had happened yesterday. Coming out of the Senate chamber one day I found Gouverneur Morris on the steps. He stopped me begun a conversn on the strange portentous state of things then existing, and went on to observe that the reasons why the minority of states were so opposed to my being elected were that they apprehended that 1. I should turn all federalists out of office. 2. put down the navy. 3. wipe off the public debt 4. 1 . . .
That I need only to declare, or authorize my friends to declare, that I would not take these steps, and instantly the event of the election would be fixed. I told him that I should leave the world to judge of the course I meant to pursue by that which I had pursued hitherto; believing it to be my duty to be passive silent during the present scene; that I should certainly make no terms, should never go into the office of President by capitulation, nor with my hands tied by any conditions which should hinder me from pursuing the measures which I should deem for the public good. It was understood that Gouverneur Morris had entirely the direction of the vote of Lewis Morris of Vermont, who by coming over to M. Lyon would have added another vote decided the election. About the same time, I met with Mr. Adams walking in the Pensylve avenue. We conversed on the state of things. I observed to him, that a very dangerous experiment was then in contemplation, to defeat the Presidential election by an act of Congress declaring the right of the Senate to naming a President of the Senate, to devolve on him the govmt during any interregnum: that such a measure would probably produce resistance by force incalculable consequences which it would be in his power to prevent by negativing such an act. He seemed to think such an act justifiable observed it was in my power to fix the election by a word in an instant, by declaring I would not turn out the federal officers, not put down the navy, nor sponge the National debt. Finding his mind made up as to the usurpation of the government by the President of the Senate I urged it no further, observed the world must judge as to myself of the future by the past, and turned the conversation to something else. About the same time Dwight Foster of Massachusetts called on me in my room one night went into a very long conversation on the state of affairs the drift of which was to let me understand that the fears above-mentioned were the only obstacles to my election, to all of which I avoided giving any answer the one way or the other. From this moment he became most bitterly personally opposed to me, so has ever continued. I do not recollect that I ever had any particular conversn with Genl. Saml. Smith on this subject. Very possibly I had however, as the general subject all its parts were the constant themes of conversation in the private tête à têtes with our friends. But certain I am that neither he, nor any other republican ever uttered the most distant hint to me about submitting to any conditions or giving any assurances to anybody; and still more certainly was neither he nor any other person ever authorized by me to say what I would or would not do. See a very exact statement of Bayard’s conduct on that occasion in a piece among my notes of 1801. which was published by G. Granger with some alterations in the papers of the day under the signature of 1
25 . —Present all the members of the Cabinet. All the articles of a treaty in maximo and minimo, were agreed to without a single dissent on any article, the former instrns of Monroe were made the ground work.
It was proposed to consider whether any measures should be taken under the act for detaching 100,000 militia. It was agreed not on the following grounds.
1. It would spread considerable alarm through the country. 2. If N. O. (the only place to which danger is apprehended) be really attacked succor from this act is doubtful, if not desperate. 3. The language of Spain is entirely pacific accdg to the last letters from Irving. 1 4. Were she disposed to send troops across the Atlantic, she could not do it in the present posture of things on the ocean. 5. At Havana they have scarcely any troops—certainly none to spare, at Pensacola Mobille abt. 600. Baton rouge 170. 6. In N. Orleans we have 200. in the vicinities which may be drawn there in a few days 1000 more. The militia of N. O. may be counted on from 500 to 1000. the seamen about as many more: so that an effective force of about 3000. may be relied on. We conclude therefore to adopt the following measures.
1.—The gunboats (8 in number) up the Ohio not being ready, order the 2. bomb vessels 2 gunboats built by Com. Preble to proceed immediately to Charleston, there take gunboat No. 1. go on, the 3. gunboats to L. Pontchartrain the 2 Bombs to N. O. where the men stores for them have been some time arrived. The rest of the gun boats from the Meditern. being daily expected at Charleston or Savanna, if they arrive before those from the Ohio come down, order 4. to N. O. because we consider 6. for the Misipi 3. for the lakes sufficient when the Ohio boats come down the surplus may be brought off to the Atlantic ports. The gun boats are depended on to guard the passage thro’ the lakes from the quarter of Mobille, to guard the entrance of the mouth of the river from the sea, and to guard the crossing of it at the Acadian settlement should troops approach from Nacogdoches westward across the Chataleya along the road to the Acadian settlement.
2.—Block houses and other defensive works are immediately to be prepared on the neck of land along which the approach lays from Baton rouge Manshac; at Fort St. Jean, the most advantageous defiles on the approaches from the Eastward; the troops remaining in the vicinities as at present on account of their health.
3.—The militia of N. O. Tombigbee, Natchez to be kept in readiness, those of N. O. for its own defense, those of Tombigbee to seize Mobille or Pensacola if their garrisons be drawn off to N. O. or to follow on their rear; those of Natchez to take Baton rouge, if the garrison be drawn, or to follow cut off their retreat.
There was no dissent to any article of this plan.
May 1 . —Present the 4 heads of departmts. A letter from the Mayor of N. Y. complaing. of the murder lately committed, the trespasses by the Leander, Cambrian Driver, 1 asking for a naval force, also the deposns of Pierce —. It was considd that the laws had made an establmt of 900 men for the navy in peace, with power to employ them in any vessels we thought proper; that these might man 3. frigates, that if it would have been thought proper with 3 frigates to attack and drive off these 3 British vessels, yet that 2 of the 3 were absent in the Mediterranean, the 3d. hove down; the latter not to be in readiness under a month, one of the former not possible to be called home under 5. months, that for so distant uncertain an effect the defence of our commerce in the mediterranean ought not to be abandoned, that our gun boats were not as yet in place to be stationed in N. York that therefore no force of either of these descriptions were within our power. It was thought proper therefor to recommend a regular prosecution of the murder 1 by the state courts of N. Y. or N. J. if within their jurisdiction, or if out of it then by the distr. court of the U. S. and to issue a proclamn for apprehending Henry? Whitby commander of the Leander for the murder, requiring the 3 vessels to depart. interdicting them all other vessels commanded by the prest. captains of the Cambrian Driver from the harbours waters of the U. S. and on their failure to depart, or reentering them, to prohibit all intercourse, see the proclmn which was communicated approved by each of the gentlemen. In all this there was no difference of opin. except that Genl Dearborne thought we might hold out some promice of naval defence to N. York.
On the prosecution of Ogden Smith for participtn in Miranda’s expedn the defs and their friends having contrived to make it a government question, in which they mean to have the admn the judge tried as the culprits instead of themselves, Swartwout, the marshel to whom, in his duel with Clinton, Smith was second, his bosom friend, summoned a pannel of jurors, the greater part of which were of the bitterest federalists, his letter too covering to a friend a copy of Aristides, 1 affirming that every fact in it was true as holy writ. Determined unanimously that he be removed.
July 11 . —Consultation with the Secy. of the Navy, 9 gunboats built in the U. S. and 2 do. bought in the Mediterrn, with 2 Bombs built in the U. S. 2 do. bought in the Mediterranean, 3 of our brigs c are daily expected to arrive from the Mediterranean, 2 of the brigs to come here, all the other vessels to Charleston. As everything at N. Orleans is now quiet, therefore not pressing we conclude to depend on the 8. gun boats built in the Ohio to be in N. O. in time, and to join to these by an immediate order one of Preble’s gunboats, one of his bombs, this will make up the 9 Gunboats agreed on Apr. 25 for the Misipi Pontchartrain, with the addition of the bomb, 2 of the gunboats at Charleston, 3 shall remain there 3 others of them + No. 1 (not fit for that place) shall go to Norfolk, 6 others of them + the other of Preble’s gunboats shall go to N. York, 1 boat only however is to be kept manned at each place, the rest to be hauled up. Preble’s other Bomb the 4 do. from the Medn. all the other brigs c. from the Medn. to come here to be laid out.
1806.—July 19 . —Consultation with the 4 heads of departmts. An armed vessel at Norfolk fitting out by Cooper to cruise as a Spanish or French privateer to be seized placed under a course of law, she is complained of by Mr. Merry; 2 officer to be indemnified. Yrujo—agreed to do nothing as yet. Mr. Madison seemed of a different opin. 1
1 gunboat to be kept in service at Charleston to act against privateers under former instructions, if the appropriation will afford it.
The frigate under Campbell in the Mediterrn. to remain there till next spring.
Here Genl. Dearborne was called away.
Swartwout, if the case v. Ogden Smith is determined at the present session he is to be removed immedly. if it lies over to another term let him remain to another.
Oct. 22 . —Present the 4 heads of departmts. The Spaniards have moved to Bayou Pierre a body of 1000. or 1200. men, mostly militia, mounted, and 300 regulars are expected to join them. Our regular force in the Missipi Orleans territories is 631 men at Natchitoches ordered there from Fort Adams, 210. At N. Orleans, 240 new recruits arrived or arriving at Orleans, making in all 1081, besides 130. at Tombigby. 2. gunboats are at N. Orleans (from Ohio) 6. more daily expected from the same quarter. 2. others 2. bomb vessels from Boston are arriving there about this time, Genl. Wilkinson asks 500 mounted men to secure his operations if forced to act hostility, the acting Govr. of Missipi offers 250. volunteers for service on the west side of the Missipi, 500. if employed on the east side, the Govr. of Orleans counts on 500. militia from the western countries of his territories. Agreed unanimously to require from those two territories 500. volunteers mounted on their own horses, engaged to serve 6 months, to be in readiness when called for by the commandg officer of the regulars. This under the law of the last session for calling out a detachment of militia, and further that the marines at N. O. shall do garrison duty there, so that the 210 men at that place may be moved up to Natchitoches, the gunboats to be under the orders of the commanding officer.
During the last session of Congress, Col. Burr who was here, finding no hope of being employed in any department of the govmt. opened himself confidentially to some persons on whom he thought he could rely, on a scheme of separating the western from the Atlantic States, erecting the former into an independent confederacy, he had before made a tour of those states, which had excited suspicions, as every motion does of such a Catalinarian character, of his having made this proposition here we have information from Genl. Eaton, thro. Mr. Ely Mr. Granger, he went off this spring to the western country. Of his movements on his way information has come to the Secretary of State myself from John Nicholson and Mr. Williams of the State of N. J. respecting a Mr. Tyler, Col. Morgan, Nevill Roberts near Pittsbg. and to other citizens thro’ other channels the newspapers. We are of opinion unanimously that confidential letters be written to the Governors of Ohio, Indiana, Missisipi Orleans, to the district attorney of Kentucky, — of Tennissee, — of Louisiana, to have him strictly watched and on his committing any overt act unequivocally, to have him arrested and tried for treason, misdemeanor, or whatever other offence the Act may amount to. And in like manner to arrest and try any of his followers committing acts against the laws. We think it proper also to order some of the gunboats up to Fort Adams to stop by force any passage of suspicious persons going down in force.
Genl. Wilkinson being expressly declared by Burr to Eaton to be engaged with him in this design as his Lieutenant or first in command, and suspicions of infidelity in Wilkinson being now become very general, a question is proposed what is proper to be done as to him on this account as well as for his disobedience of orders received by him June 11. at St. Louis to descend with all practicable despatch to N. O. to mark out the site of certain defensive works there, and then repair to take command at Natchitoches, on which business he did not leave St. Louis till Sep. — Consideration adjourned.
Oct. 24 . —It is agreed unanimously to call for Captain Preble Decatur to repair to N. Orleans by land or sea as they please, there to take command of the force on the water, that the Argus, 2. gunboats from N. Y. 3 from Norfolk 2 from Charleston shall be ordered there, if on a consultation between Mr. Gallatin Mr. Smith the appropriations shall be found to enable us. That Preble shall, on consuln with Govr. Claiborne have great discretionary powers. That Graham shall be sent thro’ Kentucky on Burr’s trail, with discretionary powers to consult confidentially with the Governors, to arrest Burr if he has made himself liable. He is to have a commission of Govr. of Louisiana, and Doctr. Browne is to be removed, letters are to be written by post to Govr. Claiborne, the Govr. of Misipi and Colo. Freeman to be on their guard against any surprise of our ports or vessels by him. The question as to Genl. Wilkinson postponed till Preble’s departure, for further information.
25 —A mail arrived yesterday from the Westward, and not one word is heard from that quarter of any movements by Colo. Burr. This total silence of the officers of the govmt., of the members of Congress, of the newspapers, proves he is committing no overt act against law. We therefore rescind the determination to send Preble, Decatur, the Argus or the gunboats, instead of them send off the marines, which are here to reinforce or take the place of the garrison at N. O. with a view to Spanish operns. instead of writing to the Govrs. c. we send Graham on that rout with confidential authority to enquire into Burr’s movements, put the Govrs. c. on their guard, to provide for his arrest if necessary, to take on himself the govmt of Louisiana. Letters are still to be written to Claiborne, Freeman, the Govr. of Misipi to be on their guard.
Nov. 8 . —Present the 4 heads of department agreed on instructions to Genl. Wilkinson, which see.
25 . —Present at first the 4 heads of depmt. but after a while Genl. Dearborne withdrew, unwell. Dispatches from Genl. Wilkinson to myself of Oct. 21. by a confidential officer (Lt. Smith) shew that overtures have been made to him which decide that the present object of the combination 1 is an expedition by sea against Vera Cruz: and by comparing the contents of a letter from Cowles Meade to the Sec’y of State, with the information from Lt. Smith that a Mr. Swartwout from N. York, brother of the late Marshal had been at Gen’l Wilkinson’s camp, we are satisfied that Swartwout has been the agent through whom overtures have been made to Wilkinson. We came to the following determination: that a proclamation be issued (see it) and that orders go as follows to Pittsbg. if we have a military officer there, write to him to be vigilant in order to discover whether there are any preparns making, or boats or arms or other military stores or means providing by any persons against whom there is reasonable ground to suspect that they have in contemplation a military enterprise against any of the territories of Spain (contrary to the Stat. June 5, 94. c. 50), and to stop all bodies of armed men who may be assembled to descend the Ohio under circumstances and appearances so different from those of common emigrants as to induce a reasonable suspicion that they are a part of a combination of persons believed to have such an enterprise in view, to have them bound to the observance of the peace good behavior, or put in a course of legal prosecution, accding to the strength of the evidence; for this purpose to call in the aid of the militia;—if we have no officer there, then write to Genl. Nevill.—Marietta. Mr. Gallatin is to write to the Collector to proceed to sieze the gunboats building in that neighborhood suspected to be destined for this enterprise, to call in the aid of the militia. Genl. Dearborne to write to Govr. Tiffin to furnish a guard of militia, sufficient for the detention of the boats, to write to Genl. Jackson, supposed to be the Genl. of the Brigade on the Virginia side of the river, to furnish any aid of militia which may be necessary from the left bank of the river.—Louisville. Genl. Dearborne to write to the Govr of Kentucky of the same tenor as to the officer at Pittsbg.—Massac. Genl. Dearborne to give orders to Capt. Bissell of the same tenor, particularly to stop armed vessels suspected on good grounds to be proceeding on this enterprise for this purpose to have in readiness any boats he can procure, fitted for enabling him to arrest their passage.—Chickasaw bluffs. Give same orders as to Bissell.—Fort Adams. do.—New Orleans. Genl. Wilkinson to direct the stations of the armed vessels, if the arrangements with the Spaniards will permit him to withdraw, let him dispose of his force as he thinks best to prevent any such expedition, or any attempt on N. O. or any of the posts or military stores of the U. S. (He is also to arrest persons coming to his camp proposing a concurrence in any such enterprise, or suspected of being in camp with a view to propogate such propositions, this addition is made by Genl. Dearborne with my approbn.
Dec. 15 . —See a message agreed on unanimously to furnish money for distressed French—Not sent; Turreau withdrawing request.
Dec. 16 . —Present the 4 heads of Department, being informed that the Cambrian, one of the vessels proscribed by the proclamation of May last, is in Hampton road, we agreed to issue the proclamation, which see, dated Dec. 20. to write to Generals Matthews Wells to furnish Militia for cutting off supplies, to order the revenue cutters boats, the gunboats at Norfolk under Capt. Decatur to attend to the same: but first to inform Mr. Erskine 1 of what is to be done, detain our orders some days to give time for the effect of his interference. The papers were to have gone off on the 20th but that morning he informed Mr. Madison the Cambrian was gone, so our orders and proclamn were suppressed, see the draught of the proclamation.
Dec. 19 . —Present the heads of departmts. (except Mr. Gallatin.) see an unfinished letter of Dec. 20. to Govr. Claiborne, containing the sum of the orders agreed to be sent.
1807.—Feb. 2 . Present the heads of deptmts. Atty Genl. letters having been recd. from our Ministers in Lond. of Nov. 11. informg. that they were likely to settle satisfactorily the great points of colonial commerce (indirect) blockade, jurisdn, commerce on footing gentis amicissimæ. E. India do. on that of Jay’s treaty, but that the right of taking their seamen out of our vessels at sea (which in its exercise took ours also) would not be given up by treaty tho’ moderated in practice, that our commrs. meant to conclude such an one, I proposed these questions.
1.—Shall we agree to any treaty yielding the principle of our non-importn act, and not securing us agt. impressments? Unanimously not. Because it would be yielding the only peaceable instrument for coercing all our rights. The points they yield are all matters of right. They are points which Bonaparte Alexander will concur in settling at the treaty of peace, probably in more latitude than Gr. Br. would now yield them to us, our treaty wd. place on worse ground as to them than will be settled for Europe. The moment is favorable for making a stand they will probably yield the more probably as their negociators had agreed to an article that they would not impress on the high seas, or in other than their own ports; which had once before been agreed to with Mr. King, but retracted in both cases. We had better have no treaty than a bad one. It will not restore friendship, but keep us in a state of constant irritation.
2. Shall we draw off in hostile attitude, or agree informally that there shall be an understanding between us that we will act in practice on the very principles proposed by the treaty, (except as to the E. India Commerce) they defining what breaks the continuity of a voyage, blockades, jurisdiction c. we agreeing to recommend to Congress to continue the supervision of the non importn—the last mode decided unanimous.
Art. 3. Shall we consult the Senate? unanimously not, had the 1st qu. been decided affirmatively their advice should have been asked. Mr. Madison was not satisfied whether we ought not to propose giving up the right of employing their seamen at all in our vessels, making it penal on our commanders, as an inducement to them to give up impressment and trust to the effect of such a law for securing to them the use of all their seamen, our Commrs. are to be immedly instructed to adhere to their original instructions which made the impressmt a sine quâ non.
Feb. 27 . Present Mad. Dearb. Smith, Rodney, agreed to discharge all the militia at the stations from the mouth of the Cumberland upwards, to give up all boats provisions seized (except Blannerhasset’s) or pay the value, applying them in that case to public use; to institute an inquiry into the proceedings of Burr his adherents from N. Y. to N. Orleans, particularly to appoint good men at the following points. Pittsbg. Marietta, Wood County, Cincinnati, Louisville, Nashville, Vincennes, St. Louis, Natchez, New Orleans, Statesburg, city of Washington, Philadelphia, N. York, other points in that state, to take affidavits. The Atty. Genl. to prepare interrogatories, the vessels in the Mediterranean to be relieved, the Act for 30,000. volunteers to be committed to Governors of Western States for execution.
The Arkansa to be explored.
Mar. 17 . —Present all. British treaty—agreed that the article agt. impressmt shall be a sine quâ non accding to our instrm of Feb. 3. So also the withdrawing the declaration respecting the French decree of blockade or the modifying it so as not to effect the treaty, and as the treaty is opened for these purposes, endeavor to alter the following articles, 1. E. India trade, restore Jay’s articls. 2. Keep the one now in. 3. Expunge it, but on this head we are to enquire of merchts before we send the instm. Art. 8. Avoid if possible the express abandonmt of free ships free goods. Art. 10. Have blockade defined according to the British note formerly received. Art. 17. Expunge, stipulation to receive their vessels of war, especially the humiliating stipuln to treat their officers with respect, reserve the right to indemnificns.—absolutely forbid the proposed Convention for giving them a right to trade with the Indians of Louisiana. Art. 5. Tonnage c. consult with merchts.
A circular letter to the Govrs, c. for carrying the volunteer act in exn was agreed on.
Persons were named for conducting enquiries into Burr’s treasons c. his associates. and Newark Trenton in Jersey Newport in Kenty. were added.
It was agreed that the seamen employed at N. Orleans were to be considered paid as Militia at Militia prices, and that the surplus pay stipulated to them should be paid out of the Navy funds.
Apr. 3 . —Prest. the 4. heads of deptmts. Agreed to propose to Gr. Br. not to employ any of her seamen on her stipulating not to impress from our ships, to endeavor to make the Article for indirect colonial commerce coextensive in time with the duration of the treaty, agreed also to admit them under the former treaty to pay no more duty on Indian goods imported by the lakes than we take from our own people, on obtaining from them an acknowledgement of our right to extend the regulation, of Indn. Commerce within our limits to their traders as well as our own, as is the case with commerce in general in Atlantic States.
The enquiry into Burr’s conspiracy to be begun by the Atty Genl. immediately.
1807. July 2 . Prest. all the heads of depmt Atty Genl. The Proclamation of this day unanimously agreed to. 1
A copy of the proclamn to be inclosed to the Governors.
Recall all our vessels from the Mediterranean, by a vessel to be sent express.
Send the Revenge to England, with dispatches to our Minister, demanding satisfaction for the attack on the Chesapeake, in which must be included. 1. A disavowal of the Act of the principle of searching a public armed vessel. 2. A restoration of the men taken. 3. A recall of Admiral Barclay. Communicate the incident which has happened to Russia. Orders had been already issued for a court of inquiry on Barron. The vessels recalled from the Mediterranean are to come to Boston. When may be further orders.
[July] 4 . —Present the same. Agreed that a call of Congress shall issue the 4th Monday of Aug. (24th) to meet the 4th Monday in Octob (26th) unless new occurences should render an earlier call necessary. Mr. Smith wished an earlier call.
[July] 5 . Present the same. It was agreed to call on the governors of the States to have their quotas of 100,000. Militia in readiness. The object is to have the portions on the sea-coast ready for any emergency, and for those in the North we may look to a winter expedn against Canada.
[July] 7 . Prest. the Secretaries of State Navy Atty Genl. Agreed to desire Govr. of Virga to order such portion of Militia into actual service as may be necessary for defence of Norfolk, of the gunboats at Hampton and in Matthews County.
July 26 . —Norfolk. Agreed that all the Militia at this place, on both sides of James river be dismissed except. 1. An artillery Company to serve the spare guns at Norfolk, and to be trained to their management. 2. A troop of cavalry to patrole the Country in the vicinity of the squadron, as well to cut off their supplies as to give notice of any sudden danger: to meet which the militia of the borough neighboring counties must hold themselves in readiness to march at a moment’s warning, a Major to Command the 2 companies of artillery cavalry. Offensive measures.
Prepare all necessaries for an attack of Upper Canada the upper part of Lower Canada, as far as the mouth of Richlieu river.
Prepare also to take possession of the islands of Campobello c. in the bay of Passamaquoddy.
The points of attack in Canada to be—1 Detroit, 2. Niagara. 3. Kingston, 4. Montreal.
1. | Detroit. | 300. | Militia of Michigan. |
1000. | Do. from the State of Ohio. | ||
100. | regulars from forts Detroit Fort Wayne. | ||
——— | |||
1400 | |||
2. | Niagara. | 1500 | militia from Pennsylvania Genesee. |
One Artillery company of regulars from Niagara. | |||
——— | |||
1500 | |||
3. | Kingston. | 1500. | militia from New York. |
——— | |||
1500 | |||
4. | Montreal. | 1500 | militia from New York. |
2000 | militia from Vermont. | ||
1000 | militia from Massachusetts. | ||
1000 | militia from New Hampshire. | ||
——— | |||
5500 | |||
5. | Campobello. | 500 | militia from Maine. |
——— | |||
10,400 | militia |
General Officers for the attack on
Detroit, | Genl. Hull. |
Niagara, | |
Kingston, | Gansevoort. |
Montreal, | |
Campobello, | Colo. Trescott or Brigadr. Genl. Chandler. |
It is understood that everything which is not already in the neighborhood of the places can be got carried as fast as the men can be collected marched, except provns to Detroit.
Half tents travelling carriages for artillery to be made.
Measures to be taken for obtaining information. from Detroit through Genl. Hull.
Niagara | Erastus Granger. |
Kingston. | |
Montreal | Saillée. |
Quebec. |
Halifax—some person to be covered under a commission of agency for.
Some Merchant who may have a vessel there under adjudication.
The Secretary at War to recommend to the Governors to press for 12. Month volunteers under the last act, rather than 6. months.
Do. under the former.
July 27 . Defensive Measures.
The places needing defence divided into 3 classes.
1.—Where batteries only need be provided to be guarded in common by a few men only to be manned, when necessary, by Militia.
2.—Places which from their importance, require some stronger defence, but which from the forts already built, the difficulty of access and the strength of their adjacent population need only repairs, some inconsiderable additions to their works and garrisons.
3.—Places which from their importance, ease of access by land or Water may be objects of attack which from the weakness of their population, difficulties of defence c. will need particular attention and provision, in distributing the sea ports into these classes their importance so far as depends on their tonnage, collection of import, exports domestic foreign may be obtained from a table prepared by the Sec’y of the Treas’y which see.
1st class may be taken from that table readily—perhaps some places not in that may require some defence.
2d Class.
Portsmouth, N. H. | On each of these we conferred, successively, and came so far to a general understanding of the nature and extent of the works, and number of gunboats necessary for their defence, as might enable the Secretary at War to make out a detailed statement for each, for future Consideration, estimating the expense of works, number of men, number of gunboats necessary for each. |
Newburyport | |
Salem | |
Boston | |
Providence | |
New London | |
Saybrook | |
New Haven | |
Philadelphia | |
Wilmington, Del. | |
Baltimore | |
James River | |
Ocracoke | |
Wilmington, N. C. | |
Charleston |
3d Class.
Portland | On these also successively, conferences took place so as to enable the Secretary at war to make a similar statement as to them. |
Newport | |
New York | |
Alexandria | |
Washington | |
Norfolk | |
Savanna | |
New Orleans |
July 28 . —The existing appropriations for fortifications being not more than sufficient for New York, Charleston, and New Orleans, it is thought best to employ them entirely on those places, and leave the others till further appropriations.
It is thought that the Secretary of the Navy should purchase on credit timber other materials for a great number of gunboats, suppose 100, but that they should chiefly be of those kinds which may be useful for the navy should Congress not authorize the building gunboats.
Also that he should purchase on credit 500. tons of saltpetre 100 tons of sulphur on the presumption that Congress will sanction it.
Our stock of swords, pistols mortars being not sufficient, the Secretary at war will take measures for procuring a supply of the two former articles and will keep Troxall constantly employed in making mortars until a sufficient stock be provided.
The Secretary of the Navy will take immediate measures for procuring from London 100 telescopes of about 10 guinea price for the establishment of Telegraphs.
It is agreed that about 15,000 regular troops will be requisite for garrisons and about as many more as a disposable force, making in the whole 30,000 regulars.
It is also recommended to the Secretary of the Navy to recruit the whole number of marines allowed by law, to wit, about 1100, principally for the service of the gunboats. On the question, Under what circumstances I may order Decatur to attack the British vessels in our waters it is the opinion that if they should blockade any place, preventing vessels from entering or going out or proceed systematically in taking our vessels within our waters, that the Gunboats should attack them if they can do it with a good prospect of success. But Decatur is not to do this without orders from me. Should they attack Norfolk or enter Elizabeth river Decatur may attack them without waiting orders.
In endeavoring to obtain information of the state of the British posts to be attacked the following will be proper objects of enquiry.
1. The regular force. 2. The force of the Militia they may command the temper disposition of the people, and whether Armed.
3. The Character of the Commanding officer.
4. The situation of the fort, whether in good repair—if requiring regular approaches—the situation of their Magazines, c.
5. Plans of the works, Maps of the roads, what are the obstacles to the March of troops c.
It is agreed that Congress shall be called to meet on Monday the 26th of October that we will assemble here on Monday the 5th of October, the proclamation to issue immediately.
Mr. Gallatin’s estimate. | D | D | |
---|---|---|---|
30,000 men employed ashore in gunboats | @ 300— | 9,000,000 | |
Navy | 1,500,000 | ||
Occasional Militia | 1,000,000 | ||
Ordnance, transports, fortifications | 1,500,000 | 4,000,000 | |
—————— | |||
Interest on public debt | 3,500,000 | ||
All civil expences | 1,500,000 | ||
—————— | |||
18,000,000 |
Ways Means. | ||
---|---|---|
Present impost reduced by war to | 8,000,000 | |
Additional duties taxes | 2,500,000 | |
Sales of land | 500,000 | |
—————— | ||
Deficiency to be supplied by annual loan | 7,000,000 | |
—————— | ||
18,000,000 |
Besides which we must borrow annually the instalments of public debt becoming due that year.
Oct. 10 . Prest. the 4. Secretaries. Agreed unan. that in consideration of information recd. as to the strength of the British posts in Canada, 3000. men (instead of 1500) must be ordered agt. Niagara, 500. only, instead of 1500 agt. Kingston. That in the message at the opening of Congress the treaty and negotiations should not be laid before them, because still depending.
Oct. 22 . Present all. The Constitution is to remain at Boston, having her men discharged: the Wasp is to come to N. York; the Chesapeak is to remain at Norfolk; and the sending the U. S. frigate to N. Y. is reserved for further consideration, enquiring in the meantime how early she could be ready to go—it is considered that in case of war, these frigates would serve as receptacles for enlisting Seamen to fill the Gunboats occasionally.
After agreeing as above, proceeding to consider how the crew of the Constitution should be paid off (the Navy funds being exhausted) before the meeting of Congress, it was concluded that in order to gain time till their meeting, the Constitution should be brought round to N. York, the United States be destined for Boston.
[Oct.] 31 . —Gunboats to be stationed at N. York, 17. at Norfolk, 3. at Charleston, 15. at N. Orleans 8. building in Western country. They are to have 8. men for the guns, 3. sailors for the sails, to depend on militia of the place for the rest, a captain for each flotilla.
26.—Present all the members. | |
27.—Do. except the Atty Genl. | See a paper containing minutes of the proceedings of these days, in which there was no dissentient voice. |
28.—Present all the members |
Nov. 27 . —Present all. Govr. Hull writes from Detroit Nov. 8, that he has called on the Govr. of Ohio for 500. Militia infantry a Co. of horse, in consequence of a collection of Indns, kept at Amherstbg other indications of war. Genl. Dearborne having before directed Hull to strengthen his garrison (of 50. regulars) by calling into service 3. Cos. of Militia of the place, thot it wd. be sfft. if we ordered 3. or 4. cos. more from Ohio. The other gentlemen thot we had better let Hull’s call take it’s course, being attentive the moment we receive intelligence from England to Modify it accordly.
Agreed that an order shall be enclosed to Govr. Claiborne to remove by Military force intruders on the Batture 1 under the act of the last session of Congress.
Information being received that great numbers of intruders have set down on the lands lately obtained from the Chickasaws Cherokees, particularly within the Yazoo tract some also within the Cherokee lines, the Secretary at War is to give immediate orders for removing them by Military force.
Jan. 25.—1808 . —Mr. Dawson called on me informed me that yesterday he was called on by a Mr. Hall, a native of the U. S. but a British subject engaged in Commerce here who told him he had had a vessel condemned at Halifax and was going to England to prosecute the appeal. That being acquainted with Mr. Erskine. known also to Mr. Rose since his arrival, he had informed them, they had desired him to be the bearer of their dispatches which would be ready on the 27th. These dispatches he said would be delivered to him in a box, would contain all their communicns to their Govmt. consequently their operations here intrigues, spies, friends, information, their own views, prospects designs. That he believed his appeal would cost him as much as he should recover, that he was now a ruined man, had been cruelly treated by England therefore wished to quit that Country become an American. That for a proper reward (he did not say what) he would take the papers out of the box which should be delivered him, deliver them to us, fill the box with blank papers, return to N. York making some excuse for not going he would send the box to it’s address. He said we should be on our guard for that those Ministers had many spies in Washington and one in the President’s house who informed them of everything passing. This man is known to have been much attended to by Erskine, to have been at his parties, at those of Taylor c.
My answer to Mr. Dawson was that the Govm’t would never be concerned in any transaction of that character; that moral duties were as obligatory on nations as on individuals, that even in point of interest a character of good faith was of as much value to a nation as an individual and was that by which it would gain most in the long run. That however, he might assure Hall that we would keep his secret. Mr. Dawson had consulted with Mr. Nicholas on this communication, and after I had given him the above answer I mentioned it to Mr. Madison who approved of it.
Apr. 5. 08 . —Present the 4 Secretaries. Having now 100. gunboats building and about 70 in service, we agreed that 20 should be stationed at N. Orleans with 20 men in each, about half a dozen be kept in different places for enforcing the embargo with 8 or 10 men each. Of the residue, keep on the stocks as many as we can by agreement, for preservn, and to all the rest allow 2. men each. Let the frigates sloop remain where they are with about 20 or 30 men each to keep them clean. Which will reduce the number of seamen to less than 900. The original establishment, as the law on which the proclamation is founded expires with the end of this session, it is rather believed that it’s renewal would not renew the proclamn; and as it would be disagreeable either to renew or revoke it, we conclude to let it go off in that doubtful way which may afford a reason for not proceeding to actual hostilities agt. Brit. armed vessels entering our waters. We agree to renew the call for the 100,000 Militia and Volunteers.
June 30. 08 . —Present the 4 Secretaries atty Genl. 96. applications for permission to send vessels out for property. Agreed as general rules 1. That no permission shall be granted after the of . 2. None to Europe, because of the danger of the capture or detention of the vessels money can be drawn thence so easily by bills, to such advantage by the favble exchange. 3. None to Asia, or the Continent of Africa, except Mogadore. 4. None to S. America beyond the line. From such distances, vessels could not return before war may take place. Agreed to continue the reguln of Mr. Gallatin’s circular of May 20. except that it may be relaxed as to vessels usually employed in the coasting trade. This has a special view to the relief of N. C. that her corn lumber may be sent coastwise. The Chesapeake being manned may be sent on a cruise from St. Mary’s to Passamaquoddy. 2. gunboats are to be built on L. Champlain, and 1. on L. Ontario—as many as convenient of the troops now raising are to be rendezvoused along L. Ontario the St. Lawrence, a copy of the Atty. Gen’s opin on the Mandamus issued to Theus in S. C. to be sent to the dists Atty. with instrns to oppose all future attempts of the kind, and Theus to be reprimanded for his countenance to the procedure.—We are agreed that a mission to St. Petersburg is expedient; the time not now decided.
July 6, 08 . Present the 4. Secretaries and Atty. Genl. 1. England revokes her orders of Nov. Jan. Shall we suspend the embargo laws as to her? Answ. unanimously, we shall. 2. If she revokes the ord. of Nov. alone? Answ. we shall suspend, the Atty Govt. alone dissenting. 3. If she revokes the ord. of Nov. as to our own produce only? Answ. unan. not to suspend, but in that case to call Congress at an earlier day? if France repeals her Berlin Milan decrees, and restores the property sequestered, shall we suspend the embargo laws as to her? Answ. Call Congress and declare the embargo laws as to France suspended in 14 days. Mr. Madison is strongly opposed to this latter part; the suspension, because it lets our vessels fall into the hands of England so pre-determines the question of war. If the embargo is suspended as to one of the powers, it must be so as to the whole world except the other power and all other nations having similar decrees or orders existing against us.
Oct. 22 . Present the 4 Secretaries. Intruders on the new purchase South of Tenissee, 2. on the Indian lands (Choctaw Cherokee) on each side of that purchase, 3. on the N. side of Red river. Agreed unanimously as to the first to appoint a Register he to give notice to all the intruders to come in and make a declarn that they have no claim to the lands, that a Military be sent in the spring to remove all who do not. There is a Colo. Harrison claiming surveying under Coxe, who probably will not disclaim right, will therefore be removeable without disturbing the others, who are said to be industrious men of property disposed to obey the laws. The land office can be opened in the spring which will settle everything.
2.—As to intruders on the Indn. lands, give notice to depart, if they do not, remove them in the spring by military force, except from Doubleheads land. 3. As to those on Red river, let them alone get Congress to extend the land law to them, as they are conveniently situated to support N. Orleans. Unanimously agreed to. Order the detachment of 100,000 men under the law of last session, to be ready early in the spring that we may be prepared for any change in our foreign relations.
Unanimously agreed in the sentiments which should be unauthoritavely expressed by our agents to influential persons in Cuba Mexico, to wit “if you remain under the dominion of the kingdom and family of Spain, we are contented; but we should be extremely unwilling to see you pass under the dominion or ascendancy of France or England. In the latter cases should you chuse to declare independence we cannot now commit ourselves by saying we would make commmon cause with you but must reserve ourselves to act accdg to the then existing circumstances, but in our proceedings we shall be influenced by friendship to you, by a firm belief that our interests are intimately connected, and by the strongest repugnance to see you under subordination to either France or England, either politically or commercially? Anderson, our consul going to Havana is to be instructed accordingly; so is Hughes who is going to Mexico in quest of Pike’s men 1 Burling is to be sent to the city of Mexico under pretext of searching for Pike’s men also, but in truth to communicate these sentiments to proper characters. Claiborne is to be intrusted with them also, to communicate accding to the occasions he may find.
Nov. 9, 08 . —Conversn. with Mr. Erskine. He was much alarmed at the conversn out of doors looking like a decln of war with Gr. Br.
He spoke (declaring that if he was an American he would so view the thing) as the most rational for us to let our commerce go out take its chance that we should defend it against all equally, indeed he seemed to think it best we should declare against all. He said this would be viewed as so equal that no rancorous war would be waged by either peace would be easy at any time. I told him that there were but 3 alternatives, 1. war, 2. embargo, 3. submission, and that no American would look a moment at the last, he agreed it.
I told him I thot it possible France mt. repeal her decrees as to us, yet I did not understand from Mr. Pinckney’s communicns that Engld. would even then revoke her decree; he declared in the most explicit terms she would. I then explain’d that the French repeal mt. only go to the high sea. He observed that he did not know that that cd. produce a repeal from Engld. because the exclusion of her merchandise wd. remain.
I observed to him that I thot Engld. operated on much by misrepresentns from the errors of strangers who associated with but one party. He cleared himself of that by saying he mixed much with both, cd. not be supposed to have any interest but in coming at the truth communicating it.
I noted to him the tone in the conversn of Mr. Canning in the Month of June when Mr. P. inferred the orders wd. be revoked the Month of July when he was totally off. I intimated to him my suspicions that the Halifx endpedn was intended to support a hoped insurrection in Boston. 1 He protested at once decidedly agt. the error of that suspicion, that his govmt, could not be so uninformed as to think of countenancing the taking adverse possn. of a place they could not hold many days: that assuredly they had not a single hostile view towards this Country, that the people of England were equally averse to a rupture with us. He spoke of the situation of Spain that Bonaparte would soon be ousted there. Lamented the state of the world I joined him in that said, that if either Bonaparte or his king were to die we should have peace. He said the Pr. of Wales was as much an Anti-Bonapartian as anybody. That he was persuaded there could be no safety in a peace with him which would let their navy go down Bonaparte’s get up. I observed that went to a principle of eternal war. He sd. no; that that danger would be lessened by Bonap’s. death, or by such a spirit of insurrection in the North as had appeared in Spain.
I told him I was going out of the admn. therefore might say to him things which I would not do were I to remain in. I wished to correct an error which I at first thot his Govrnt above being led into from newspapers, but I apprehended they had adopted it, this was the supposed partiality of the admn particularly myself in favr. of France agt. England. I observed that when I came into the admn there was nothing I so much desired as to be on a footing of intimate frdshp with England, that I knew as long as she was our friend no enemy could hurt: that I would have sacrificed much to have effected it therefore wished Mr. King to have continued there as a favorable instrument. That if there had been an equal disposn on their part I thot it might have been effected; for altho’ the question of impressmts was difficult on their side insuperable with us, yet had that been the sole question, we might have shoved along, in the hope of some compromise, that indeed there was a ground of accomodn which his ministry had on two occns yielded to for a short time, but retracted, that during the admn of Mr. Addington and the short one of Mr. Fox. I had hoped such a frdshp practicable, but that during all other admns I had seen a spirit so adverse to us that I now despaired of any charge. That he might judge from the communicns now before Congress whether there had been any partiality to France to whom he wd. see we had never made the proposition to revoke the embargo immedly which we did to England and again that we had remonstrated strongly to them on the style of Mr. Champagny’s letter, but had not to England on that of Canning equally offensive. That the letter of Canning now reading to Congress was written in the high ropes would be stinging to every American breast.
He admitted Mr. Canning wrote strongly, spoke strongly, always taking the highest ground. I told him it was an unhappy talent, that nothing enabled a man to get along in business so well as a smooth temper smooth style. I observed that if we wished war with England as the Federalists charged us, I feared his Govmt. might believe, nothing would have been so easy when the Chesapeake was attacked, when even the feds. themselves would have concurred, but on the contrary that our endeavors had been to cool down our countrymen carry it before their Govrmt. He said it would have been very unjust to have made an individual act the ground of war, which his govrnt might did disavow. I agreed to that, but added that the same class of men had committed were in the habit of committing so many atrocious insults on us, that it was impossible not to feel them deeply. That I did not charge his Govrmt with approving all this, because I believed that they could not controul them, that the officers were allied to the highest families in the kingdom were supported by such an aristocracy as that no Minister dare move against one, unless he had acted as a coward then the nation would support the Minister in shooting him. He said I was much mistaken in supposing the govrmt could not controul the officers of the navy; that there was such a multitude of applicants to enter the navy as placed the whole very much under the power of the govmt besides that they had such a number of officers beyond what they could employ as made it easy for a minister to leave any one unemployed.
I told him in the course of the conversn that this country would never return to an intercourse with Engld while those orders of council were in force, in some part of it also I told him that Mr. Madison (who it was now pretty well seen wd. be my successor, to which he assented) had entertained the same cordial wishes as myself to be on a friendly footing with England.
I committed all this to writing the moment Mr. Erskine left me. I have always expressed the substance very often the very words phrases expressed. They were however much more dilated than is here exprest on paper.
1808. Dec. 1 . —Present the 4 Secretaries. The expedition prepared at Halifx, consisting of 4000 men, is believed to be kept in readiness, in case war is declared by us, or obviously imminent, it is to go off instantly. Abandoning Upper Canada, to us, and take possession of N. Orleans, we therefore determine unanimously that all the new recruits from Pensylva inclusively Southwardly and Westwardly shall be sent off immediately (being about 2000. men) those in the Atlantic states by sea, the Western down the Ohio Misipi provns to be sent down the Misipi with the men, if the State of the river permits them to go, besides these there are 1000. of the old troops which can be rapidly brought to N. Orleans; that we may count on 1000. good Militia of Orleans, 1000 of Misipi to be instantly commanded, making a force of 5000, men. That 30 gunboats shall be immediately sent into Lak Pontchartrain, and we are to ask 3525 seamen for the next season, to 15. for 17 gun boats, the residue to fill the 11. small vessels we have from the John Adams, now a corvette, down. These 11. small vessels to be sent immediately to the Eastern ports to enforce the embargo. We are to undertake to make the Canal at N. Orleans, cost it what it will.
1809, Feb. 1 . —Present all. On the execution of the act for employing an addnal Naval force. Agreed. 1. To raise men to man the 30. gunboats to proceed to N. Orleans. 2. As many as will man 30 more to be sent to different ports to support the embargo. 3. To man the small vessels below the size of a frigate. 4.—To man the Constn. By the time these are raised we shall know whether the embargo, war, or what else is to be the state of things. The Chesapeake is to proceed instantly to Boston.
Feb. 25 . —Prest. Sect. State, Treas’y, Navy, Atty Genl. What orders shall be given as to English Spanish ships attempting to pass N. Orleans for Baton rouge? Ans. English ships have been hitherto prohibited, that being the highest port of entry. Spanish ships have been permitted to go up, except when having slaves on board.
Let things continue so till Congress rises, when their proceedings will decide what should be done.
Agreed that orders shall be given to the military to remove squatters from the lands of the Chickasaws, Cherokees Choctaws, except Doublehead’s reserve Wafford’s settlement.
—I was at Colo. Peter Randolph’s about a Fortnight ago, my Schooling falling into Discourse, he said he thought it would be to my Advantage to go to the College, was desirous I should go, as indeed I am myself for several Reasons. In the first place as long as I stay at the Mountains the Loss of one fourth of my Time is inevitable, by Company’s coming here detaining me from School. And likewise my Absence will in a great Measure put a Stop to so much Company, by that Means lessen the Expences of the Estate in House-Keeping. And on the other Hand by going to the College I shall get a more universal Acquaintance, which may hereafter be serviceable to me; I suppose I can pursue my Studies in the Greek Latin as well there as here, likewise learn something of the Mathematics. I shall be glad of your opinion.
—This very day, to others the day of greatest mirth and jollity, sees me overwhelmed with more and greater misfortunes than have befallen a descendant of Adam for these thousand years past, I am sure; and perhaps, after excepting Job, since the creation of the world. I think his misfortunes were somewhat greater than mine: for although we may be pretty nearly on a level in other respects, yet, I thank my God, I have the advantage of brother Job in this, that Satan has not as yet put forth his hand to load me with bodily afflictions. You must know, dear Page, that I am now in a house surrounded with enemies, who take counsel together against my soul; and when I lay me down to rest, they say among themselves, come let us destroy him. I am sure if there is such a thing as a Devil in this world, he must have been here last night and have had some hand in contriving what happened to me. Do you think the cursed rats (at his instigation, I suppose) did not eat up my pocket-book, which was in my pocket, within a foot of my head? And not contented with plenty for the present, they carried away my jemmy-worked silk garters, and half a dozen new minuets I had just got, to serve, I suppose, as provision for the winter. But of this I should not have accused the Devil, (because, you know rats will be rats, and hunger, without the addition of his instigations, might have urged them to do this,) is something worse, and from a different quarter, had not happened. You know it rained last night, or if you do not know it, I am sure I do. When I went to bed, I laid my watch in the usual place, and going to take her up after I arose this morning, I found her in the same place, it’s true! but Quantum mutatus ab illo! all afloat in water, let in at a leak in the roof of the house, and as silent and still as the rats that had eat my pocket-book. Now, you know, if chance had had anything to do in this matter, there were a thousand other spots where it might have chanced to leak as well as this one, which was perpendicularly over my watch. But I’ll tell you; it’s my opinion that the Devil came and bored the hole over it on purpose. Well, as I was saying, my poor watch had lost her speech. I should not have cared much for this, but something worse attended it; the subtle particles of the water with which the case was filled, had, by their penetration, so overcome the cohesion of the particles of the paper, of which my dear picture and watch-paper were composed, 1 that, in attempting to take them out to dry them, good God! Mens horret referre! My cursed fingers gave them such a rent, as I fear I never shall get over. This, cried I, was the last stroke Satan had in reserve for me: he knew I cared not for anything else he could do to me, and was determined to try this last most fatal expedient. “ Multis fortunæ vulneribus percussus, huic uni me imparem sensi, et penitus succubui! ” I would have cried bitterly, but I thought it beneath the dignity of a man, and a man too who had read των οντων, τα μεν εφ’ἡμιν, τα δ’ εϰ εφ ημιν. However, whatever misfortunes may attend the picture or lover, my hearty prayers shall be, that all the health and happiness which Heaven can send may be the portion of the original, and that so much goodness may ever meet with what may be most agreeable in this world, as I am sure it must be in the next. And now, although the picture be defaced, there is so lively an image of her imprinted in my mind, that I shall think of her too often, I fear, for my peace of mind; and too often, I am sure, to get through old Coke this winter; for God knows I have not seen him since I packed him up in my trunk in Williamsburg. Well, Page, I do wish the Devil had old Coke, for I am sure I never was so tired of an old dull scoundrel in my life. What! are there so few inquietudes tacked to this momentary life of our’s, that we must need be loading ourselves with a thousand more? Or, as brother Job says, (who, by the bye, I think began to whine a little under his afflictions,) “Are not my days few? Cease then, that I may take comfort a little before I go whence I shall not return, even to the land of darkness, and the shadow of death.” But the old fellows say we must read to gain knowledge, and gain knowledge to make us happy and admired. Mere jargon! Is there any such thing as happiness in this world? No. And as for admiration, I am sure the man who powders most, perfumes most, embroiders most, and talks most nonsense, is most admired. Though to be candid, there are some who have too much good sense to esteem such monkey-like animals as these, in whose formation, as the saying is, the tailors and barbers go halves with God Almighty; and since these are the only persons whose esteem is worth a wish, I do not know but that, upon the whole, the advice of these old fellows may be worth following.
You cannot conceive the satisfaction it would give me to have a letter from you. Write me very circumstantially everything which happened at the wedding. Was she there? because, if she was, I ought to have been at the Devil for not being there too. If there is any news stirring in town or country, such as deaths, courtships, or marriages, in the circle of my acquaintance, let me know it. Remember me affectionately to all the young ladies of my acquaintance, particularly the Miss Burwells, and Miss Potters, and tell them that though that heavy earthly part of me, my body, be absent, the better half of me, my soul, is ever with them; and that my best wishes shall ever attend them. Tell Miss Alice Corbin that I verily believe the rats knew I was to win a pair of garters from her, or they never would have been so cruel as to carry mine away. This very consideration makes me so sure of the bet, that I shall ask everybody I see from that part of the world what pretty gentleman is making his addresses to her. I would fain ask the favour of Miss Becca Burwell to give me another watch-paper of her own cutting, which I should esteem much more, though it were a plain round one, than the nicest in the world cut by other hands—however, I am afraid she would think this presumption, after my suffering the other to get spoiled. If you think you can excuse me to her for this, I should be glad if you would ask her. Tell Miss Sukey Potter that I heard, just before I came out of town, that she was offended with me about something, what it is I do not know; but this I know, that I never was guilty of the least disrespect to her in my life, either in word or deed; as far from it as it has been possible for one to be. I suppose when we meet next, she will be endeavouring to repay an imaginary affront with a real one: but she may save herself the trouble, for nothing that she can say or do to me shall ever lessen her in my esteem, and I am determined always to look upon her as the same honest-hearted, good-humored, agreeable lady I ever did. Tell—tell—in short, tell them all ten thousand things more than either you or I can now or ever shall think of as long as we live.
My mind has been so taken up with thinking of my acquaintances, that, till this moment, I almost imagined myself in Williamsburg, talking to you in our old unreserved way; and never observed, till I turned over the leaf, to what an immoderate size I had swelled my letter—however, that I may not tire your patience by further additions, I will make but this one more, that I am sincerely and affectionately, Dear Page, your friend and servant.
P. S. I am now within an easy day’s ride of Shadwell, whither I shall proceed in two or three days.
—To tell you the plain truth, I have not a syllable to write to you about. For I do not conceive that any thing can happen in my world which you would give a curse to know, or I either. All things here appear to me to trudge on in one and the same round: we rise in the morning that we may eat breakfast, dinner and supper, and go to bed again that we may get up the next morning and do the same: so that you never saw two peas more alike than our yesterday and to-day. Under these circumstances, what would you have me say? Would you that I should write nothing but truth? I tell you I know nothing that is true. Or would you rather that I should write you a pack of lies? Why, unless they were more ingenious than I am able to invent, they would furnish you with little amusement. What can I do then? nothing, but ask you the news in your world. How have you done since I saw you? How did Nancy look at you when you danced with her at Southall’s? Have you any glimmering of hope? How does R. B. do? Had I better stay here and do nothing, or go down and do less? or, in other words, had I better stay here while I am here, or go down that I may have the pleasure of sailing up the river again in a full-rigged flat? Inclination tells me to go, receive my sentence, and be no longer in suspense: but reason says, if you go, and your attempt proves unsuccessful, you will be ten times more wretched than ever. In my last to you, dated Fairfield, Dec. 25, I wrote to you of the losses I had sustained; in the present I may mention one more, which is the loss of the whites of my eyes, in the room of which I have got reds, which gives me such exquisite pain that I have not attempted to read anything since a few days after Jack Walker went down, and God knows when I shall be able to do it. I have some thoughts of going to Petersburg, if the actors go there in May. If I do, I do not know but I may keep on to Williamsburg, as the birth night will be near. I hear that Ben Harrison has been to Wilton: let me know his success. Have you an inclination to travel, Page? because if you have, I shall be glad of your company. For you must know that as soon as the Rebecca (the name I intend to give the vessel above mentioned) is completely finished, I intend to hoist sail and away. I shall visit particularly England, Holland, France, Spain, Italy, (where I would buy me a good fiddle) and Egypt, and return through the British provinces to the Northward, home. This to be sure, would take us two or three years, and if we should not both be cured of love in that time, I think the devil would be in it. After desiring you to remember me to acquaintances below, male and female, I subscribe myself, Dear Page, your friend and servant.
—Yours of May 30th came safe to hand. The rival 1 you mentioned I know not whether to think formidable or not, as there has been so great an opening for him during my absence. I say has been, because I expect there is one no longer. Since you have undertaken to act as my attorney, you advise me to go immediately and lay siege in form. You certainly did not think, at the time you wrote this, of that paragraph in my letter wherein I mentioned to you my resolution of going to Britain. And to begin an affair of that kind now, and carry it on so long a time in form, is by no means a proper plan. No, no, Page; whatever assurances I may give her in private of my esteem for her, or whatever assurances I may ask in return from her, depend on it—they must be kept in private. Necessity will oblige me to proceed in a method which is not generally thought fair; that of treating with a ward before obtaining the approbation of her guardian. I say necessity will oblige me to it, because I never can bear to remain in suspense so long a time. If I am to succeed, the sooner I know it, the less uneasiness I shall have to go through. If I am to meet with a disappointment, the sooner I know it, the more of life I shall have to wear it off: and if I do meet with one, I hope in God, and verily believe; it will be the last. I assure you, that I almost envy you your present freedom; and if Belinda will not accept of my service, it shall never be offered to another. That she may, I pray most sincerely; but that she will, she never gave me reason to hope. With regard to my not proceeding in form, I do not know how she may like it. I am afraid not much. That her guardians would not, if they should know of it, is very certain. But I should think that if they were consulted after I return, it would be sufficient. The greatest inconvenience would be my not having the liberty of visiting so freely. This is a subject worth your talking over with her; and I wish you would, and would transmit to me your whole confab at length. I should be scared to death at making her so unreasonable a proposal as that of waiting until I return from Britain, unless she could first be prepared for it. I am afraid it will make my chance of succeeding considerably worse. But the event at last must be this, that if she consents, I shall be happy; if she does not, I must endeavour to be as much so as possible. I have thought a good deal on your case, and as mine may perhaps be similar, I must endeavour to look on it in the same light in which I have often advised you to look on yours. Perfect happiness, I believe, was never intended by the Deity to be the lot of one of his creatures in this world; but that he has very much put in our power the nearness of our approaches to it, is what I have steadfastly believed.
The most fortunate of us, in our journey through life, frequently meet with calamities and misfortunes which may greatly afflict us; and, to fortify our minds against the attacks of these calamities and misfortunes, should be one of the principal studies and endeavours of our lives. The only method of doing this is to assume a perfect resignation to the Divine will, to consider that whatever does happen, must happen; and that by our uneasiness, we cannot prevent the blow before it does fall, but we may add to its force after it has fallen. These considerations, and others such as these, may enable us in some measure to surmount the difficulties thrown in our way; to bear up with a tolerable degree of patience under this burthen of life; and to proceed with a pious and unshaken resignation, till we arrive at our journey’s end, when we may deliver up our trust into the hands of him who gave it, and receive such reward as to him shall seem proportioned to our merit. Such, dear Page, will be the language of the man who considers his situation in this life, and such should be the language of every man who would wish to render that situation as easy as the nature of it will admit. Few things will disturb him at all: nothing will disturb him much.
If this letter was to fall into the hands of some of our gay acquaintance, your correspondent and his solemn notions would probably be the subjects of a great deal of mirth and raillery, but to you, I think, I can venture to send it. It is in effect a continuation of the many conversations we have had on subjects of this kind; and I heartily wish, we could now continue these conversations face to face. The time will not be very long now before we may do it, as I expect to be in Williamsburg by the first of October, if not sooner. I do not know that I shall have occasion to return, if I can rent rooms in town to lodge in; and to prevent the inconvenience of moving my lodgings for the future, I think to build: no castle though, I assure you; only a small house, which shall contain a room for myself and another for you, and no more, unless Belinda should think proper to favour us with her company, in which case, I will enlarge the plan as much as she pleases. Make my compliments to her particularly, as also to Sukey Potter, Judy Burwell, and such others of my acquaintance as enquire after me. I am, Dear Page, your sincere friend.
—From a crowd of disagreeable companions, among whom I have spent three or four of the most tedious hours of my life, I retire into Gunn’s bed-chamber to converse in black and white with an absent friend. I heartily wish you were here that I might converse with a Christian once more before I die; for die I must this night unless I should be relieved by the arrival of some sociable fellow. But I will now endeavor to forget my present sufferings and think of what is more agreeable to both of us. Last Saturday I left Ned Carters where I had been happy in other good company, but particularly that of Miss Jenny Taliaferro: and though I can view the beauties of this world with the most philosophical indifference, I could not but be sensible of the justice of the character you had given me of her. She is in my opinion a great resemblance of Nancy Wilton, but prettier. I was vastly pleased with her playing on the spinnette and singing, but could not help calling to mind those sublime verses of the Cumberland genius
When you see Patsy Dandridge, tell her “God bless her.” I do not like the ups and downs of a country life: to-day you are frolicking with a fine girl and to-morrow you are moping by yourself. Thank God! I shall shortly be where my happiness will be less interrupted. I shall salute all the girls below in your name, particularly S—y P—r. 1 Dear Will, I have thought of the cleverest plan of life that can be imagined. You exchange lands for Edgehill, or I mine for Fairfields, you marry S—y P—r, I marry R—a B—l join and get a pole chair and a pair of keen horses, practise the law in the same courts, and drive about to all the dances in the country together. How do you like it? Well I am sorry you are at such a distance I cannot hear your answer, but however you must let me know it by the first opportunity, and all the other news in the world which you imagine will affect me. I am dear Will
—In the most melancholy fit that ever any poor soul was, I sit down to write to you. Last night, as merry as agreeable company and dancing with Belinda in the Apollo could make me, I never could have thought the succeeding sun would have seen me so wretched as I now am! I was prepared to say a great deal: I had dressed up in my own mind, such thoughts as occurred to me, in as moving language as I knew how, and expected to have performed in a tolerably creditable manner. But, good God! When I had an opportunity of venting them, a few broken sentences, uttered in great disorder, and interrupted with pauses of uncommon length, were the too visible marks of my strange confusion! The whole confab I will tell you, word for word, if I can, when I see you, which God send may be soon. Affairs at W. and M. 1 are in the greatest confusion. Walker, M’Clurg and Wat Jones are expelled pro tempore, or, as Horrox softens it, rusticated for a month. Lewis Burwell, Warner Lewis, and one Thompson, have fled to escape flagellation. I should have excepted Warner Lewis, who came off of his own accord. Jack Walker leaves town on Monday. The court is now at hand, which I must attend constantly, so that unless you come to town, there is little probability of my meeting with you any where else. For God sake come. I am, dear Page, your sincere friend.
The contents of your letter have not a little alarmed me; and really, upon seriously weighing them with what has formerly passed between — and myself, I am somewhat at a loss what to conclude; your “ semper saltat, semper ridet, semper loquitur, semper solicitat, ” c., appear a little suspicious; but good God! it is impossible! I told you our confab in the Apollo; but I believe I never told you that we had on another occasion. I then opened my mind more freely, and more fully. I mentioned the necessity of my going to England, and the delays which would consequently be occasioned by that. I said in what manner I should conduct myself till then, and explained my reasons, which appears to give that satisfaction I could have wished; in short, I managed in such a manner that I was tolerably easy myself, without doing anything which could give αδνιλεβ’ς friends the least umbrage, were the whole that passed to be related to them. I asked no question which would admit of a categorical answer; but I assured αδνιλεβ that such questions would one day be asked—in short, were I to have an-another interview with him, I could say nothing now which I did not say then; and were I, with a view of obtaining one, licentiam solicitandi aliis, quibus degit postulare, it would be previously necessary to go the rounds cum custodibus; and after all this, he could be in no other situation than he is at present. After the proofs I have given of my sincerity, he can be under no apprehension of a change in my sentiments; and were I to do as my friends advise me, I would give no better security than he has at present. He is satisfied that I shall make him an offer, and if he intends to accept of it, he will disregard those made by others; my fate depends on αδνιλεβ’ς present resolutions, by them I must stand or fall—if they are not favorable to me, it is out of my power to say anything to make them so which I have not said already; so that a visit could not possibly be of the least weight, and it is, I am sure, what he does not in the least expect. I hear you are courting F—y B—l, 1 but shall not listen to it till I hear it from you. When I was up the country, I wrote a letter to you, dated Fairfield, Dec. 25, 1763; let me know if you have received such a one. As I suppose you do not use your Statutes of Britain, if you can lend them to me, till I can provide myself with a copy, it will infinitely oblige me. Adieu, dear Page.
—I received your letter of Wednesday, the 18th instant; in that, of this day, you mention one which you wrote last Friday, and sent by the Secretary’s boy; but I have neither seen nor heard of such a one. God send, mine of Jan 19 to you may not have shared the same fate; for, by your letter, I am uncertain whether you have received it or not; you therein say, “you hope to have received an answer from me by this time,” by which I judge it has miscarried; but you mention mine of Dec 25, which put me in spirits again, as I do not know how you should have got intelligence that I had wrote such a one, unless you had seen my letter of Jan. 19, in which it was mentioned—yes, there is one other way by which you might have received such intelligence. My letter of Jan. 19 may have been opened, and the person who did it may have been further incited by curiosity, to ask you if you had received such a letter as they saw mentioned therein; but God send, and I hope this is not the case. Sukey Potter, to whom I sent it, told me yesterday she delivered it to Mr. T. Nelson, the younger, who had delivered it to you—I hope with his own hand. I wish I had followed your example, and wrote it in Latin, and that I had called my dear campana in die instead of αδνιλεβ.
We must fall on some scheme of communicating our thoughts to each other, which shall be totally unintelligible to every one but to ourselves. I will send you some of these days Shelton’s Tachygraphical Alphabet, and directions. Jack Walker is engaged to Betsey Moore, and desired all his brethren might be made acquainted with his happiness. But I hear he will not be married this year or two. Put campana in die in mind of me; tell him I think as I always did. I have sent my horses up the country, so that it is out of my power to take even an airing on horseback at any time. My paper holds out no longer, so must bid you adieu.
—As the messenger who delivered me your letter, informs me that your boy is to leave town tomorrow morning I will endeavor to answer it as circumstantially as the hour of the night, and a violent headach, with which I have been afflicted these two days, will permit. With regard to the scheme which I proposed to you some time since, I am sorry to tell you it is totally frustrated by Miss R. B’s marriage with Jacquelin Ambler, which the people here tell me they daily expect: I say the people here tell me so, for (can you believe it?) I have been so abominably indolent as not to have seen her since last October, wherefore I cannot affirm that I knew it from herself, though am as well satisfied that it is true as if she had told me. Well, the Lord bless her I say! but S—y P—r is still left for you. I have given her a description of the gentleman who, as I told her, intended to make her an offer of his hand, and asked whether or not he might expect it would be accepted. She would not determine till she saw him or his picture. Now Will, as you are a piece of a limner I desire that you will seat yourself immediately before your looking-glass and draw such a picture of yourself as you think proper: and if it should be defective, blame yourself (mind that I mentioned no name to her). You say you are determined to be married as soon as possible: and advise me to do the same. No, thank ye; I will consider of it first. Many and great are the comforts of a single state, and neither of the reasons you urge can have any influence with an inhabitant and a young inhabitant too of Wmsburgh. Who told you that I reported you was courting Miss Dandridge and Miss Dangerfield? It might be worth your while to ask whether they were in earnest or not. So far was I from it that I frequently bantered Miss J—y T—o 1 about you, and told her how feelingly you spoke of her. There is scarcely anything going on here. You have heard I suppose that J. Page is courting Fanny Burwell. W. Bland, and Betsey Yates are to be married thursday se’nnight. The Secretary’s son is expected in shortly. Willis has left town intirely so that your commands to him cannot be executed immediately, but those to the ladies I shall do myself the pleasure of delivering tomorrow night at the ball. Tom: Randolph of Tuckahoe has a suit of Mecklenburgh silk which he offers me for a suit of broadcloth. Tell him that if they can be altered to fit me, I will be glad to take them on them terms, and if they cannot, I make no doubt but I can dispose of them here to his advantage. Perhaps you will have room to bring them in your portmanteau, or can contrive them down by some other opportunity. Let him know this immediately. My head achs, my candle is just going out, and my boy asleep, so must bid you adieu.
—This letter will be conveyed to you by the assistance of our friend Warner Lewis. Poor fellow! never did I see one more sincerely captivated in my life. He walked to the Indian camp with her yesterday, by which means he had an opportunity of giving her two or three love squeezes by the hand; and, like a true arcadian swain, has been so enraptured ever since, that he is company for no one. B—y 1 has at last bestowed her hand on B—d; and whether it was for money, beauty, or principle, will be so nice a dispute, that no one will venture to pronounce. Two days before the wedding I was not a little surprised, on going to the door at my house, to see him alight from his horse. He stepped up to me, and desired the favour of me to come to Mr. Yates’ at such a time. It was so unexpected, that for some time I could make no reply; at last I said “yes,” and turned about and walked back into my room. I accordingly attended, and to crown the joke, when I got there, was dubbed a bridesman. There were many other curious circumstances too tedious to mention here. Jack Walker is expected in town to-morrow. How does your pulse beat after your trip to the Isle of Wight? What a high figure I should have cut, had I gone! When I heard who visited you there, I thought I had met with the narrowest escape in the world. I wonder how I should have behaved—I am sure I should have been at a great loss. If your mistress can spare you a little time, your friends here would be very glad to see you, particularly Small and myself, as every thing is now ready for taking the height of this place above the water of the creeks. Fleming’s relapse will justly afford you great matter of triumph, after rallying you so much on being in love.
P. S. Walker is just arrived—he goes out of town on Wednesday, and will return again in about three weeks.
In Quare impedit, in C. B. 34. H. 6. fo. 38, the defendant, Bishop of Lincoln, pleads that the church of the plaintiff became void by the death of the incumbent; that the plaintiff and I. S. each pretending a right, presented two several clerks; that the church being thus rendered litigious, he was not obliged, by the ecclesiastical law, to admit either until an inquisition de jure patronatus in the ecclesiastical court; that, by the same law, this inquisition was to be at the suit of either claimant, and was not ex officio to be instituted by the Bishop, and at his proper costs; that neither party had desired such an inquisition; that six months passed; whereon it belonged to him of right to present as on a lapse, which he had done. The plaintiff demurred. A question was, How far the ecclesiastical law was to be respected in this matter by the Common law court? And Prisot c. 5. in the course of his argument, uses this expression, “à tiels leis que ils de seint eglise ont en ancien scripture, covient à nous à donner credence; car ceo common ley sur quel touts manners leis sont fondés. Et auxy, Sir, nous sumus obligés de conustre lour ley de saint eglise. Et semblablement ils sont obligés de conustre nostre ley, et, Sir, si poit apperer or à nous que l’evesque ad fait come un Ordinary fera en tiel cas, adonq nous devons ceo adjuger bon, ou auterment nemy,” etc. It does not appear what judgment was given. Y. B. ubi supra, 3. c. Fitzh. Abr., Qu. imp. 89. Bro. Abr. Qu. imp. 12. Finch mis-states this in the following manner: “to such laws of the church as have warrant in holy scripture, our law giveth credence;” and cites the above case, and the words of Prisot in the margin. Finch’s law, b l. c. 3. published 1613. Here we find “ancien scripture,” converted into “holy scripture,” whereas it can only mean the antient written laws of the church. It cannot mean the scriptures, 1st. Because the term antient scripture must then be understood as meaning the Old Testament in contradistinction to the New, and to the exclusion of that; which would be absurd, and contrary to the wish of those who cite this passage to prove that the scriptures, or Christianity, is a part of the common law. 2nd. Because Prisot says, “ceo (est) Common ley sur quel touts manners leis sont fondés.” Now it is true that the ecclesiastical law, so far as admitted in England, derives its authority from the common law. But it would not be true that the scriptures so derive their authority. 3rd. The whole case and arguments shew, that the question was, How far the ecclesiastical law in general should be respected in a common law court? And in Bro’s Abr. of this case, Littleton says, “les juges del Common ley prendra conusans quid est lex ecclesiae vel admiralitatis et hugus modi.” 4th. Because the particular part of the ecclesiastical law then in question, viz. the right of the patron to present to his advowson, was not founded on the law of God, but subject to the modification of the law-giver; and so could not introduce any such general position as Finch pretends. Yet Wingate (in 1658) thinks proper to erect this false quotation into a maxim of the common law, expressing it in the very words of Finch, but citing Prisot, Wing. Max. 3. Next comes Sheppard (in 1675) who states in it the same words of Finch, and quotes the Y. B. Finch and Wingate. 3 Shep. Abr. tit. “Religion.” In the case of the King and Taylor, Sir Matthew Hale lays it down in these words; “Christianity is parcel of the laws of England.” 1 Ventr. 293. 3 Keb. 607. But he quotes no authority. It was from this part of the supposed common law that he derived his authority for burning witches. So strong was this doctrine become in 1728, by additions and repetitions from one another, that in the case of the King v. Woolston, the court would not suffer it to be debated, Whether to write against Christianity was punishable in the temporal courts, at common law? saying it had been so settled in Taylor’s case, ante, 2 Stra. 834. Therefore Wood, in his Institute, lays it down, that all blasphemy and profaneness are offences by the common law, and cites Strange, ubi supra. Wood, 409. and Blackstone (about 1763) repeats, in the words of Sir Matthew Hale, that “Christianity is part of the laws of England,” citing Ventr. and Stra. ubi supra. 4 Bl. 59. Lord Mansfield qualified it a little, by saying in the case of the Chamberlain of London v. Evans, 1767, that “the essential principles of revealed religion are part of the common law.” But he cites no authority, and leaves us at our peril to find out what, in the opinion of the judge, and according to the measures of his foot or his faith, are those essential principles of revealed religion, obligatory on us as a part of the common law. Thus we find this string of authorities, when, examined to the beginning, all hanging on the same hook; a perverted expression of Prisot’s; or on nothing. For they all quote Prisot, or one another, or nobody. Thus, Finch quotes Prisot; Wingate also; Sheppard quotes Prisot, Finch and Wingate; Hale cites nobody; the court, in Woolston’s case, cite Hale; Wood cites Woolston’s case; Blackstone that and Hale; and Lord Mansfield, like Hale, ventures it on his own authority. In the earlier ages of the law, as in the Year books for instance, we do not expect much recurrence to authorities by the judges; because, in those days, there were few or none such, made public. But in later times we take no judge’s word for what the law is, further than he is warranted by the authorities he appeals to. His decision may bind the unfortunate individual who happens to be the particular subject of it; but it cannot alter the law. Although the common law be termed Lex non scripta, yet the same Hale tells us, “when I call those parts of our laws Leges non scriptæ, I do not mean as if all those laws were only oral, or communicated from the former ages to the latter merely, by word. For all these laws have their several monuments in writing, whereby they are transferred from one age to another, and without which they would soon lose all kind of certainty. They are for the most part extant in records of pleas, proceedings and judgments, in books of reports, and judicial decisions, in tractates of learned men’s arguments and opinions, preserved from antient times, and still extant in writing: Hale’s Com. Law, 22. Authorities for what is common law, may, therefore, be as well cited as for any part of the lex scripta. And there is no better instance of the necessity of holding the judges and writers to a declaration of their authorities, than the present, where we detect them endeavoring to make law where they found none, and to submit us, at one stroke to a whole system, no particular of which, has its foundation in the common law, or has received the “ esto ” of the legislator. For we know that the common law is that system of law which was introduced by the Saxons, on their settlement in England, and altered, from time to time, by proper legislative authority, from that, to the date of the Magna Charta, which terminates the period of the common law, or lex non scripta, and commences that of the statute law, or lex scripta. This settlement took place about the middle of the fifth century; but Christianity was not introduced till the seventh century; the conversion of the first Christian King of the Heptarchy, having taken place about the year 598, and that of the last about 686. Here, then, was a space of two hundred years, during which the common law was in existence, and Christianity no part of it. If it ever, therefore, was adopted into the common law, it must have been between the introduction of Christianity and the date of the Magna Charta. But of the laws of this period, we have a tolerable collection, by Lambard and Wilkins; probably not perfect, but neither very defective; and if any one chooses to build a doctrine on any law of that period, supposed to have been lost, it is incumbent on him to prove it to have existed, and what were its contents. These were so far alterations of the common law, and became themselves a part of it; but none of these adopt Christianity as a part of the common law. If, therefore, from the settlement of the Saxons, to the introduction of Christianity among them, that system of religion could not be a part of the common law, because they were not yet Christians; and if, having their laws from that period to the close of the common law, we are able to find among them no such act of adoption; we may safely affirm (though contradicted by all the judges and writers on earth) that Christianity neither is, nor ever was, a part of the common law. Another cogent proof of this truth is drawn from the silence of certain writers on the common law. Bracton gives us a very complete and scientific treatis of the whole body of the common law. He wrote this about the close of the reign of Henry III, a very few years after the date of the Magna Charta. We may consider this book as the more valuable, as it was written about the time which divides the common and statute law; and therefore gives us the former in its ultimate state. Bracton, too, was an ecclesiastic, and would certainly not have failed to inform us of the adoption of Christianity as a part of the common law, had any such adoption ever taken place. But no word of his, which intimates anything like it, has ever been cited. Fleta and Britton, who wrote in the succeeding reign of E. I., are equally silent. So also is Glanvil, an earlier writer than any of them, to wit, temp. H. 2.; but his subject, perhaps, might not have led him to mention it. It was reserved for Finch, five hundred years after, in the time of Charles II., by a falsification of a phrase in the Year book, to open this new doctrine, and for his successors to join full-mouth in the cry, and give to the fiction the sound of fact. Justice Fortescue Aland, who possessed more Saxon learning than all the judges and writers before mentioned put together, places this subject on more limited ground. Speaking of the laws of the Saxon Kings, he says, “the ten commandments were made part of their law, and consequently were once part of the law of England; so that to break any of the ten commandments, was then esteemed a breach of the common law of England; and why it is not so now, perhaps, it may be difficult to give a good reason.” Pref. to Fortescue’s Rep. xvii. The good reason is found in the denial of the fact.
Houard, in his Coutumes Anglo-Normandes, 1. 87, notices the falsification of the laws of Alfred, by prefixing to them, four chapters of the Jewish law, to wit, the 20th, 21st, 22nd and 23rd chapters of Exodus; to which he might have added the 15th of the Acts of the Apostles, v. 23 to 29, and precepts from other parts of the scripture. These he calls Hors d’œuvre of some pious copyist. This awkward monkish fabrication, makes the preface to Alfred’s genuine laws stand in the body of the work. And the very words of Alfred himself prove the fraud; for he declares in that preface, that he has collected these laws from those of Ina, of Offa, Aethelbert and his ancestors, saying nothing of any of them being taken from the scripture. It is still more certainly proved by the inconsistencies it occasions. For example, the Jewish legislator, Exodus, xxi. 12, 13, 14, (copied by the Pseudo Alfred § 13) makes murder, with the Jews, death. But Alfred himself, Ll. ccvi. punishes it by a fine only, called a weregild, proportioned to the condition of the person killed. It is remarkable that Hume (Append. I. to his history) examining this article of the laws of Alfred, without perceiving the fraud, puzzles himself with accounting for the inconsistency it had introduced. To strike a pregnant woman, so that she die, is death by Exod. xxi. 22, 23, and pseud. Alfr. § 18. But by the Ll. Alfred ix. the offender pays a weregild for both the woman and child. To smite out an eye or a tooth, Exod. xxi. 24–27. Pseud. Alfred. § 19, 20, if of a servant by his master, is freedom to the servant; in every other case, retaliation. But by Alfred Ll. xl. a fixed indemnification is paid. Theft of an ox or a sheep, by the Jewish law, xxii. Exod. 1. was repaid five fold for the ox, and four fold for the sheep; by the Pseudograph § 24, double for the ox and four fold for the sheep. But by Alfred Ll. xvi. he who stole a cow and calf, was to repay the worth of the cow, and 40s. for the calf. Goring by an ox, was the death of the ox, and the flesh not to be eaten; Exod. xxi. 28. Pseud. Alfr. § 21. By Ll. Alfr. xxiv. the wounded person had the ox. This Pseudograph makes municipal laws of the ten commandments: § 1–10, regulate concubinage; § 12, makes it death to strike, or to curse father or mother; § 14, 15, give an eye for an eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe; § 19, sells the thief to repay his theft; § 24, obliges the fornicator to marry the woman he has lain with; § 29, forbids interest on money; § 28, 35, make the laws of bailment, and very different from what Lord Holt delivers in Coggs v. Bernard, and what Sir William Jones tells us they were; and punishes witchcraft with death, § 30, which Sir Matthew Hale 1. P. C. ch. 33, declares was not a felony before the stat. 1. Jac. c. 12. It was under that statute, that he hung Rose Cullender, and Amy Duny, 16. Car. 2. (1662) on whose trial he declared, “that there were such creatures as witches, he made no doubt at all; for 1st. The scriptures had affirmed as much. 2nd. The wisdom of all nations had provided laws against such persons—and such hath been the judgment of this kingdom, as appears by that act of parliament which hath provided punishments proportionable to the quality of the offence.” And we must certainly allow greater weight to this position “that it was no felony till James’s statutes,” deliberately laid down in his H. P. C., a work which he wrote to be printed and transcribed for the press in his lifetime, than to the hasty scriptum, that “at common law, witchcraft was punished with death as heresy, by writ de heretico comburendo, ” in his methodical summary of the P. c. pa. 6.; a work “not intended for the press, nor fitted for it and which he declared himself he had never read over since it was written.” Preface. Unless we understand his meaning in that to be, that witchcraft could not be punished at common law as witchcraft, but as a heresy. In either sense, however, it is a denial of this pretended law of Alfred. Now all men of reading know that these pretended laws of homicide, concubinage, theft, retaliation, compulsory marriage, usury, bailment, and others which might have been cited from this Pseudograph, were never the laws of England, not even in Alfred’s time; and of course, that it is a forgery. Yet, palpable as it must be to a lawyer, our judges have piously avoided lifting the veil under which it was shrouded. In truth, the alliance between church and state in England, has ever made their judges accomplices in the frauds of the clergy; and even bolder than they are; for instead of being contented with the surreptitious introduction of these four chapters of Exodus, they have taken the whole leap, and declared at once that the whole Bible and Testament, in a lump, make a part of the common law of the land; the first judicial declaration of which was by this Sir Matthew Hale. And thus they incorporate into the English code, laws made for the Jews alone, and the precepts of the gospel, intended by their benevolent author as obligatory only in foro conscientiæ; and they arm the whole with the coercions of municipal law. 1 They do this, too, in a case where the question was, not at all, whether Christianity was a part of the laws of England, but simply how far the ecclesiastical law was to be respected by the common law courts of England, in the special case of a right of presentment. Thus identifying Christianity with the ecclesiastical law of England.