And be it further Enacted that it shall be lawful for the said inventor to assign his title and interest in the said invention at any time before or after the date of the Treasurer’s receipt, and the assignee, having recorded the said assignment in the offices of the Secretary of State and of the Clerks of the District Courts, and published the same three times in some one Gazette of each District, shall thereafter stand in the place of the original inventor, both as to right and responsibility, and so the assignees of assignees to any degree. And any person making or selling the thing so invented without permission as aforesaid shall be liable to an action at law, and to such damages as a jury shall assess, unless he can show that the same thing was known to others before the date of the Treasurer’s receipt, and can shew such probable grounds as the nature of a negative proof will admit that that knowledge was not derived from any party from, through or in whom the right is claimed, or unless he can shew on like grounds that he did not know that there existed an exclusive right to the said invention, or can prove that (the same is so unimportant and obvious that it ought not to be the subject of an exclusive right, or that) the description, model, specimen or ingredients deposited in the office of the Secretary of State do not contain the whole matter necessary to possess the public of the full benefit thereof after the expiration of the exclusive right, or that they contain superfluous matters intended to mislead the public, or that the effect pretended to cannot be produced by the means described. Provided that where any State before it’s accession to the present form of Government, or the adoption of the said form by nine States, shall have granted an exclusive right to any invention, the party claiming that right shall not be capable of obtaining an exclusive right under this act, but on relinquishing his right in and under such particular State, so as that obtaining equal benefits he may be subject to equal restrictions with the other Citizens of the United States, and of such relinquishment his obtaining an exclusive right under this act shall be sufficient evidence.

Provided also that the person whose applications for Patents were on the 1st. day of February in this present year depending before the Secretary of State, Secretary at War, and Attorney General, according to the Act of 1790 for promoting the progress of useful Arts, on complying with all the conditions of this Act except the payment to the Treasurer herein before required, and instead of that payment obtaining from the said Secretary of State, Secretary at War and Attorney General, or any two of them, a certificate of the date of his application, and recording and publishing the said certificate instead of the warrant and receipt of Treasury shall be within the purview of this Act as if he had made such payment and his term of fourteen years shall be counted from the said date of his application.

And be it further Enacted, that after the expiration of any exclusive right to an invention, the public shall have reasonable and sufficient access to the descriptions, drawings, models, and specimens, of the same, so as to be enabled to copy them; and moreover that the Secretary of State shall cause the said descriptions and drawings to be printed, engraved and published, on the best terms he can, to the expences of which the Monies paid as before directed in to the Treasury shall be appropriated in the first place, and the balance to the purchase of books to form a public library at the seat of Government, under the direction of such persons as the President of the United States for the time being shall appoint.

And be it Enacted that the act passed in the year 1790 intitled “an act to promote the progress of the useful arts,” be and is hereby repealed.

Thomas Jefferson
Jefferson, Thomas
Feb. 9. 1791
Philadelphia
Nicholas Lewis
Lewis, Nicholas

TO NICHOLAS LEWIS

j. mss.
Dear Sir,

—I have been so closely engaged ever since the meeting of Congress as never to have had a moment to write to you.

I think it might be well to advertize my lands at Elkhill for sale, and therefore inclose you the form of an advertisement, in which you will observe I have omitted the name of the proprietor, which as long as I am in public I would wish to keep out of view in every thing of a private nature. If you think any thing in the advertisement had better be omitted, or any thing else inserted, be so good as to make it what you think it should be. 1

Understanding that tob o . is still low in Virginia, and the price here, for such as mine being from 26/ to 30/ Virginia money I have concluded to try an experiment of bringing part of it here, if it suits the market the rest may come also. Not being able to wait till the order could go through you, I have written to Mr. Hylton to send me immediately 20. hhds of it, as they are now in want here, the river now opening they will soon have their supply. I am in hopes it may come in time to order on the residue, if the experiment succeeds. However I would not have the shipment of the rest to Mr. Maury delayed on that account, as perhaps I may find the bringing it here not to answer. The proceeds of these 20. hhds shall be immediately remitted to Mr. Lyle or Hanson. Wheat is here at a French crown: tho’ in truth there is little brought to market. I have no doubt it will fall as soon as the farmers come in.

Congress will rise on the 3d of March. They have passed an excise bill, which, considering the present circumstances of the Union, is not without objection, and a bill for establishing a bank to which it is objected that they have transcended their powers. There are certainly persons in all the departments who are for driving too fast. Government being founded on opinion, the opinion of the public, even when it is wrong, ought to be respected to a certain degree. The prudence of the President is an anchor of safety to us. I received Mrs. Lewis’s letter of Jan. 23. and return her many thanks for it, as well as for her kind attention to my daughter, who expresses great sensibility for her goodness.

P.S. I must pray you to get the contract with Ronald completely executed, particularly as to the mortgage of his Beverdam lands. I observe part of my Cumberland lands advertised for the taxes of 1789, which I mention lest the advertisement should have escaped you.

Thomas Jefferson
Jefferson, Thomas
Feb. 14, 1791

DRAFT FOR PRESIDENT’S MESSAGE CONCERNING NEGOTIATIONS WITH GREAT BRITAIN 1

j. mss.

Gentlemen of the Senate of the House of representatives.

Soon after I was called to the administration of the government, I found it important to come to an understanding with the court of London on several points interesting to the U. S. and particularly to know whether they were disposed to enter into arrangements, by mutual consent, which might fix the commerce between the two nations on principles of reciprocal advantage. For this purpose I authorized informal conferences with their Ministers; and from these I do not infer any disposition on their part to enter into any arrangements merely commercial. I have thought it proper to give you this information, as it might at some time have influence on matters under your consideration. 2

Gentlemen of the Senate:

Conceiving that in the possible event of a refusal of justice on the part of Gr. Britain, we should stand less committed should it be made to a private rather than to a public person, I employed Mr. Gouv. Morris, who was on the spot, without giving him any definite character, to enter informally into the conferences before mentioned. For your more particular information I lay before you the instructions I gave him, and those parts of his communications wherein the British Ministers appear either in conversation or by letter. These are, two letters from the D. of Leeds to Mr. Morris, and three letters of Mr. Morris giving an account of two conferences with the D. of Leeds, one with him Mr. Pitt. The sum of these is that they declare without scruple they do not mean to fulfil what remains of the treaty of peace to be fulfilled on their part, (by which we are to understand the delivery of the posts payment for property carried off,) till performance on our part, compensation where the delay has rendered performance now impracticable: that on the subject of a treaty of commerce they avoided direct answers so as to satisfy Mr. Morris they did not mean to enter into one unless it could be extended to a treaty of Alliance offensive defensive, or unless in the event of a rupture with Spain.

As to the sending a Minister here, they made excuses in the first conference, seem disposed to it in the second, and in the last express an intention of so doing.

Their views being thus sufficiently ascertained, I have directed Mr. Morris to discontinue his communications with them.

Thomas Jefferson
Jefferson, Thomas
February 15, 1791

OPINION ON THE CONSTITUTIONALITY OF A NATIONAL BANK

The bill for establishing a National Bank undertakes among other things:—

1. To form the subscribers into a corporation.

2. To enable them in their corporate capacities to receive grants of land; and so far is against the laws of Mortmain. 1

3. To make alien subscribers capable of holding land; and so far is against the laws of Alienage.

4. To transmit these lands, on the death of a proprietor, to a certain line of successors; and so far changes the course of Descents.

5. To put the lands out of the reach of forfeiture or escheat; and so far is against the laws of Forfeiture and Escheat.

6. To transmit personal chattels to successors in a certain line; and so far is against the laws of Distribution.

7. To give them the sole and exclusive right of banking under the national authority; and so far is against the laws of Monopoly.

8. To communicate to them a power to make laws paramount to the laws of the States: for so they must be construed, to protect the institution from the control of the State legislatures; and so, probably, they will be construed.

I consider the foundation of the Constitution as laid on this ground: That “all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.” [XIIth amendment.] To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition.

The incorporation of a bank, and the powers assumed by this bill, have not, in my opinion, been delegated to the United States, by the Constitution.

I. They are not among the powers specially enumerated: for these are: 1st. A power to lay taxes for the purpose of paying the debts of the United States; but no debt is paid by this bill, nor any tax laid. Were it a bill to raise money, its origination in the Senate would condemn it by the Constitution.

2d. “To borrow money.” But this bill neither borrows money nor ensures the borrowing it. The proprietors of the bank will be just as free as any other money holders, to lend or not to lend their money to the public. The operation proposed in the bill, first, to lend them two millions, and then to borrow them back again, cannot change the nature of the latter act, which will still be a payment, and not a loan, call it by what name you please.

3. To “regulate commerce with foreign nations, and among the States, and with the Indian tribes.” To erect a bank, and to regulate commerce, are very different acts. He who erects a bank, creates a subject of commerce in its bills; so does he who makes a bushel of wheat, or digs a dollar out of the mines; yet neither of these persons regulates commerce thereby. To make a thing which may be bought and sold, is not to prescribe regulations for buying and selling. Besides, if this was an exercise of the power of regulating commerce, it would be void, as extending as much to the internal commerce of every State, as to its external. For the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a State, (that is to say of the commerce between citizen and citizen,) which remain exclusively with its own legislature; but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes. Accordingly the bill does not propose the measure as a regulation of trade, but as “productive of considerable advantages to trade.” Still less are these powers covered by any other of the special enumerations.

II. Nor are they within either of the general phrases, which are the two following:—

1. To lay taxes to provide for the general welfare of the United States, that is to say, “to lay taxes for the purpose of providing for the general welfare.” For the laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase, not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please, which might be for the good of the Union, would render all the preceding and subsequent enumerations of power completely useless.

It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please.

It is an established rule of construction where a phrase will bear either of two meanings, to give it that which will allow some meaning to the other parts of the instrument, and not that which would render all the others useless. Certainly no such universal power was meant to be given them. It was intended to lace them up straitly within the enumerated powers, and those without which, as means, these powers could not be carried into effect. It is known that the very power now proposed as a means was rejected as an end by the Convention which formed the Constitution. A proposition was made to them to authorize Congress to open canals, and an amendatory one to empower them to incorporate. But the whole was rejected, and one of the reasons for rejection urged in debate was, that then they would have a power to erect a bank, which would render the great cities, where there were prejudices and jealousies on the subject, adverse to the reception of the Constitution.

2. The second general phrase is, “to make all laws necessary and proper for carrying into execution the enumerated powers.” But they can all be carried into execution without a bank. A bank therefore is not necessary, and consequently not authorized by this phrase.

It has been urged that a bank will give great facility or convenience in the collection of taxes. Suppose this were true: yet the Constitution allows only the means which are “ necessary, ” not those which are merely “convenient” for effecting the enumerated powers. If such a latitude of construction be allowed to this phrase as to give any non-enumerated power, it will go to every one, for there is not one which ingenuity may not torture into a convenience in some instance or other, to some one of so long a list of enumerated powers. It would swallow up all the delegated powers, and reduce the whole to one power, as before observed. Therefore it was that the Constitution restrained them to the necessary means, that is to say, to those means without which the grant of power would be nugatory.

But let us examine this convenience and see what it is. The report on this subject, page 3, states the only general convenience to be, the preventing the transportation and re-transportation of money between the States and the treasury, (for I pass over the increase of circulating medium, ascribed to it as a want, and which, according to my ideas of paper money, is clearly a demerit.) Every State will have to pay a sum of tax money into the treasury; and the treasury will have to pay, in every State, a part of the interest on the public debt, and salaries to the officers of government resident in that State. In most of the States there will still be a surplus of tax money to come up to the seat of government for the officers residing there. The payments of interest and salary in each State may be made by treasury orders on the State collector. This will take up the greater part of the money he has collected in his State, and consequently prevent the great mass of it from being drawn out of the State. If there be a balance of commerce in favor of that State against the one in which the government resides, the surplus of taxes will be remitted by the bills of exchange drawn for that commercial balance. And so it must be if there was a bank. But if there be no balance of commerce, either direct or circuitous, all the banks in the world could not bring up the surplus of taxes but in the form of money. Treasury orders then, and bills of exchange may prevent the displacement of the main mass of the money collected, without the aid of any bank; and where these fail, it cannot be prevented even with that aid.

Perhaps, indeed, bank bills may be a more convenient vehicle than treasury orders. But a little difference in the degree of convenience, cannot constitute the necessity which the constitution makes the ground for assuming any non-enumerated power.

Besides; the existing banks will, without a doubt, enter into arrangements for lending their agency, and the more favorable, as there will be a competition among them for it; whereas the bill delivers us up bound to the national bank, who are free to refuse all arrangement, but on their own terms, and the public not free, on such refusal, to employ any other bank. That of Philadelphia, I believe, now does this business, by their post-notes, which, by an arrangement with the treasury, are paid by any State collector to whom they are presented. This expedient alone suffices to prevent the existence of that necessity which may justify the assumption of a non-enumerated power as a means for carrying into effect an enumerated one. The thing may be done, and has been done, and well done, without this assumption; therefore, it does not stand on that degree of necessity which can honestly justify it.

It may be said that a bank whose bills would have a currency all over the States, would be more convenient than one whose currency is limited to a single State. So it would be still more convenient that there should be a bank, whose bills should have a currency all over the world. But it does not follow from this superior conveniency, that there exists anywhere a power to establish such a bank; or that the world may not go on very well without it.

Can it be thought that the Constitution intended that for a shade or two of convenience, more or less, Congress should be authorized to break down the most ancient and fundamental laws of the several States; such as those against Mortmain, the laws of alienage, the rules of descent, the acts of distribution, the laws of escheat and forfeiture, the laws of monopoly? Nothing but a necessity invincible by any other means, can justify such a prostitution of laws, which constitute the pillars of our whole system of jurisprudence. Will Congress be too straight-laced to carry the constitution into honest effect, unless they may pass over the foundation-laws of the State government for the slightest convenience of theirs?

The negative of the President is the shield provided by the constitution to protect against the invasions of the legislature: 1. The right of the Executive. 2. Of the Judiciary. 3. Of the States and State legislatures. The present is the case of a right remaining exclusively with the States, and consequently one of those intended by the Constitution to be placed under its protection.

It must be added, however, that unless the President’s mind on a view of everything which is urged for and against this bill, is tolerably clear that it is unauthorised by the Constitution; if the pro and the con hang so even as to balance his judgment, a just respect for the wisdom of the legislature would naturally decide the balance in favor of their opinion. It is chiefly for cases where they are clearly misled by error, ambition, or interest, that the Constitution has placed a check in the negative of the President.

Thomas Jefferson
Jefferson, Thomas
Feb. 19, 179

REPORT ON ADMISSION OF VERMONT

j. mss.

The Secretary of state having received from the commissioners for the state of Vermont a letter proposing these Questions 1. Whether as that state will not be a distinct member of the union till the 4th. day of March next, the President can, before that day, nominate officers for it? and 2. if he can not, whether he can nominate them, after the recess of the Senate? makes thereon to the President of the U. S. the following Report:

He is of opinion the President cannot, before the 4th. of March, make nominations which will be good in law: because, till that day, it will not be a separate integral member of the U. S. and it is only to integral members of the union that his right of nomination is given by the Constitution.

But that nomination may be made on the 4th. of March, and, if the Senate will meet on that day, may be reported to them for their approbation. It is true that the two or three new members will be absent, unless they chuse to come in for this purpose; but as the occasion of consulting an imperfect Senate will not be produced by any act of the President, and as it is in the power of the new Senators to render the body perfect, by coming on if they chuse it, this difficulty appears smaller, than that of making original nominations without the concurrence of the Senate. This therefore is what the Secretary of State thinks best to be done.

Thomas Jefferson
Jefferson, Thomas
Feb. 19. 1791
Philadelphia
William Smith
Smith, William

TO THE REV. WILLIAM SMITH 1

Dear Sir,

—I feel both the wish the duty to communicate, in compliance with your request, whatever, within my knowledge, might render justice to the memory of our great countryman, D r . Franklin, in whom Philosophy has to deplore one of it’s principal luminaries extinguished. But my opportunities of knowing the interesting facts of his life have not been equal to my desire of making them known. I could indeed relate a number of those bon mots, with which he used to charm every society, as having heard many of them. But these are not your object. Particulars of greater dignity happened not to occur during his stay of nine months, after my arrival in France.

A little before that, Argand had invented his celebrated lamp, in which the flame is spread into a hollow cylinder, thus brought into contact with the air within as well as without. Doct r Franklin had been on the point of the same discovery. The idea had occurred to him; but he had tried a bull-rush as a wick, which did not succeed. His occupations did not permit him to repeat extend his trials to the introduction of a larger column of air than could pass through the stem of a bull-rush.

The animal magnetism too of the maniac Mesmer, had just received its death wound from his hand in conjunction with his brethren of the learned committee appointed to unveil that compound of fraud folly. But, after this, nothing very interesting was before the public, either in philosophy or politics, during his stay; he was principally occupied in winding up his affairs there.

I can only therefore testify in general that there appeared to me more respect veneration attached to the character of Doctor Franklin in France, than to that of any other person in the same country, foreign or native. I had opportunities of knowing particularly how far these sentiments were felt by the foreign ambassadors ministers at the court of Versailles. The fable of his capture by the Algerines, propagated by the English newspapers, excited no uneasiness; as it was seen at once to be a dish cooked up to the palate of their readers. But nothing could exceed the anxiety of his diplomatic brethren, on a subsequent report of his death, which, tho’ premature, bore some marks of authenticity.

I found the ministers of France equally impressed with the talents integrity of Doct r Franklin. The C t de Vergennes particularly gave me repeated and unequivocal demonstrations of his entire confidence in him.

When he left Passy, it seemed as if the village had lost its patriarch. On taking leave of the court, which he did by letter, the king ordered him to be handsomely complimented, furnished him with a litter mules of his own, the only kind of conveyance the state of his health could bear.

No greater proof of his estimation in France can be given than the late letters of condolence on his death, from the National Assembly of that country, the Community of Paris, to the President of the United States, to Congress, and their public mourning on that event. It is, I believe, the first instance of that homage having been paid by a public body of one nation to a private citizen of another.

His death was an affliction which was to happen to us at some time or other. We have reason to be thankful he was so long spared; that the most useful life should be the longest also; that it was protracted so far beyond the ordinary span allotted to man, as to avail us of his wisdom in the establishment of our own freedom, to bless him with a view of its dawn in the east, where they seemed, till now, to have learned everything, but how to be free.

The succession to D r Franklin, at the court of France, was an excellent school of humility. On being presented to any one as the minister of America, the commonplace question used in such cases was c’est vous, Monsieur, qui remplace le Docteur Franklin? “it is you, Sir, who replace Doctor Franklin?” I generally answered, “no one can replace him, Sir: I am only his successor.”

These small offerings to the memory of our great dear friend, whom time will be making greater while it is spunging us from it’s records, must be accepted by you, Sir, in that spirit of love veneration for him, in which they are made; and not according to their insignificance in the eyes of a world, who did not want this mite to fill up the measure of his worth.

Thomas Jefferson
Jefferson, Thomas
Mar. 4, 1791

DRAFT OF PRESIDENT’S MESSAGE TRANSMITTING VERMONT APPOINTMENTS 1

j. mss.
Gentlemen of the Senate:

The ‘act for the admission of the state of Vermont into this Union’ having fixed on this, as the day of it’s admission, it was thought that this would also be the first day on which any officer of the Union might legally perform any act of authority relating to that state. I therefore required your attendance to receive nominations of the several officers necessary to put the federal government into motion in that state.

For this purpose I nominate c.

Thomas Jefferson
Jefferson, Thomas
Mar. 7, 1791
Philadelphia
Harry Innes
Innes, Harry

TO HARRY INNES

j. mss.
Dear Sir,

—Your favor of July 8. came to my hands Nov. 30. The infrequency of conveyances, is an apology for this late answer. I receive with pleasure this recognition renewal of your former acquaintance, and shall be happy to continue it by an exchange of epistolary communications. Yours to me will be always welcome. Your first gives me information in the line of Natural history, the second (not yet received) promises political news. The first is my passion, the last is my duty, and therefore both desireable. I believe entirely with you, that the remains of fortifications found in the Western country have been the works of the natives. Nothing I have ever yet heard of proves the existence of a nation here who knew the use of iron. I have never heard even of burnt bricks, though they might be made without iron. The statue you have been so kind as to send me, and for which I beg you to accept my thanks, would, because of the hardness of the stone, be a better proof of the use of iron, than I ever yet saw; but as it is a solitary fact, and possible to have been made with implements of stone, and great patience, for which the Indians are remarkable, I consider it to have been so made. It is certainly the best piece of workmanship I ever saw from their hands. If the artist did not intend it, he has very happily hit on the representation of a woman in the first moments of parturition.

Mr. Brown, the bearer of this, will give you the Congressional news, some good, some so so, like everything else in this world. Our endeavors the last year to punish your enemies have had an unfortunate issue. The federal council has yet to learn by experience, what experience has long ago taught us in Virginia, that rank and file fighting will not do against Indians. I hope this year’s experiment will be made in a more auspicious form. Will it not be possible for you to bring General Clark forward? I know the greatness of his mind am the more mortified at the cause which obscures it. Had not this unhappily taken place, there was nothing he might not have hoped: could it be surmounted, his lost ground might yet be recovered. No man alive rated him higher than I did, would again, were he to become again what I knew him. We are made to hope he is engaged in writing the account of his expeditions north of Ohio. They will be valuable morsels of history, and will justify to the world those who have told them how great he was.

Mr. Brown will tell you also that we are not inattentive to the interests of your navigation. Nothing short of actual rupture is omitted. What it’s effect will be, we cannot yet foretell; but we should not stop even here, were a favorable conjuncture to arise. The move we have now made must bring the matter to issue. I can assure you of the most determined zeal of our chief magistrate in this business, and I trust mine will not be doubted so far as it can be of any avail. The nail will be driven as far as it will go peaceably, and farther the moment that circumstances become favorable.

Thomas Jefferson
Jefferson, Thomas
Mar. 8, 1791
Philadelphia
William Short
Short, William

TO THE U. S. CHARGÉ D’AFFAIRES IN FRANCE 1
(WILLIAM SHORT)

j. mss.
Dear Sir,

— * * * No decision yet with respect to the missions, either of France or Holland. The less they are pressed the better for your wishes, as the President will know you more and more himself. To overdo a thing with him is to undo it. I am steering the best I can for you. The excessive unpopularity of the excise and bank bills in the South I apprehend will produce a stand against the Federal Government. In this case the public paper will tumble precipitately. I wish there were some one here authorized to read [ sell? ] out yours, because if the danger does not take place, or passes easily, he could buy in again to advantage. Indeed you could not do better than subscribe it into the bank, where you can not receive less than six per cent, and may perhaps receive ten. Very particular reasons prohibit me from acting for you in this way. By no means appoint any body of the Treasury.

Thomas Jefferson
Jefferson, Thomas
March 10, 1791
Philadelphia
Quesada
Quesada

TO THE GOVERNOR OF FLORIDA
(QUESADA)

j. mss.
Sir,

—We have received with great satisfaction, notification of the orders of his Catholic Majesty, not to permit that persons, held in slavery within the United States, introduce themselves as free persons into the Province of Florida. The known justice of his Majesty and his Government was a certain dependence to us, that such would be his will. The assurances your Excellency has been pleased to give us of your friendly dispositions, leave us no doubt you will have faithfully executed a regulation so essential to harmony and good neighborhood. As a consequence of the same principles of justice and friendship, we trust that your Excellency will permit, and aid the recovery of persons of the same description, who have heretofore taken refuge within your Government. The bearer hereof is authorized to wait on your Excellency to confer on this subject, and to concur in such arrangements as you shall approve for the recovery of such fugitives.

I beg you to be assured that no occasion shall be neglected of proving our dispositions to reciprocate these principles of justice and friendship, with the subjects of his Catholic Majesty, and that you will be pleased to accept the homage of those sentiments of respect and esteem, with which I have the honor to be, Sir, your most obedient, and most humble servant.

Thomas Jefferson
Jefferson, Thomas
March 12th, 1791
Philadelphia
William Carmichael
Carmichael, William

TO THE U. S. CHARGÉ D’AFFAIRES IN SPAIN
(WILLIAM CARMICHAEL)

j. mss.
Sir,

—I enclose you a statement of the case of Joseph S t . Marie a citizen of the United States of America, whose clerk M r . Swimmer was, in the latter part of the year 1787, seized on the Eastern side of the Mississippi, in latitude 34°-40′, together with his goods, of the value of 1980 dollars, by a party of Spanish soldiers. They justified themselves under the order of a M r . Valliere their officer, who avowed authority from the Governor of New Orleans, requiring him to seize and confiscate all property found on either side of the Mississippi below the mouth of the Ohio. The matter being then carried by S te . Marie before the Governor of New Orleans, instead of correcting the injury, he avowed the Act and it’s principle, and pretended orders from his Court for this and more. We have so much confidence however in the moderation and friendship of the Court of Madrid, that we are more than ready to ascribe this outrage to Officers acting at a distance, than to orders from a just sovereign. We have hitherto considered the delivery of the post of the Natchez on the part of Spain, as only awaiting the result of those arrangements which have been under amicable discussion between us; but the remaining in possession of a Post, which is so near our limit of 31° as to admit some colour of doubt whether it be on our side or theirs, is one thing, while it is a very different one to launch 250 miles further, and to seize the persons and property of our citizens; and that too in the very moment that a friendly accommodation of all differences is under discussion. Our respect for their candour and good faith does not permit us to doubt that proper notice will be taken of the presumption of their Officer, who has thus put to hazard the peace of both Nations; and we particularly expect that indemnification will be made to the individual injured. On this you are desired to insist in the most friendly terms, but with that earnestness and perseverance which the complexion of this wrong requires. The papers enclosed will explain the reasons of the delay which has intervened. It is but lately they have been put in the hands of our Government.

We cannot omit this occasion of urging on the Court of Madrid the necessity of hastening a final acknowledgment of our right to navigate the Mississippi: a right which has been long suspended in exercise, with extreme inconvenience on our part, merely with a desire of reconciling Spain to what it is impossible for us to relinquish. An accident at this day, like that now complained of, would put further parley beyond our power; yet to such accidents we are every day exposed by the irregularities of their officers, and the impatience of our citizens. Should any spark kindle these dispositions of our borderers into a flame, we are involved beyond recall by the eternal principles of justice to our citizens, which we will never abandon. In such an event, Spain cannot possibly gain, what may she not lose?—

The boldness of this act of the Governor of New Orleans and of his avowal of it, renders it essential to us to understand the Court of Spain on this subject. You will therefore avail yourself of the earliest occasions of obtaining their sentiments, and of communicating them to us.

Thomas Jefferson
Jefferson, Thomas
March 12, 1791
Philadelphia
William Short
Short, William

TO THE U. S. CHARGÉ D’AFFAIRES IN FRANCE
(WILLIAM SHORT)

j. mss.
Dear Sir,

—The enclosed papers will explain to you a case which imminently endangers the peace of the United States with Spain. It is not, indeed, of recent date, but it has been recently laid before government, and is of so bold a feature as to render dangerous to our rights a further acquiescence in their suspension. The middle ground held by France between us and Spain, both in friendship and interest, requires that we should communicate with her with the fullest confidence on this occasion. I therefore enclose you a copy of my letter to Mr. Carmichael, and of the papers it refers to, to be communicated to Monsieur de Montmorin, whose efficacious interference with the court of Madrid you are desired to ask. We rely with great confidence on his friendship, justice and influence.

A cession of the navigation of the Mississippi, with such privileges as to make it useful, and free from future chicane, can be no longer dispensed with on our part; and perhaps while I am writing, something may have already happened to cut off this appeal to friendly accommodation. To what consequences such an event would lead, cannot be calculated. To such, very possibly, as we should lament, without being able to control. Your earnestness with Monsieur de Montmorin, and with the court of Spain, cannot be more pressing than the present situation and temper of this country requires. The case of St. Marie happens to be the incident presenting itself in the moment, when the general question must otherwise have been brought forward. We rely, on this occasion, on the good offices of the Marquis de La Fayette, whom you are desired to interest in it.

Thomas Jefferson
Jefferson, Thomas
March 13, 1791
Philadelphia
Harry Innes
Innes, Harry

TO HARRY INNES

j. mss.
Dear Sir,

—Your favour of Feb 20 came to my hands only four days ago, and I have taken the first moment in my power to prepare my answer, which I now enclose. It is in fact a copy of what I had prepared while in Virginia, when I had the subject under contemplation, except that some useless asperities are rubbed off. I am in hopes either Mr. G. Carr, or Mr Anderson of Richmond has given you a copy of my Opinions of June 20, 1783. and Sept 28, 1790, wherein I have cited the cases upon which I ground my defence for my nephew. I consider that of Pouri Corbet 3 Fr. Atk, 556. as establishing a rule of construction peculiarly applicable to our case decisive of it.

What is said with you of the most prominent proceedings of the last Congress? The disapprobation of the assumption with you leads us naturally to attend to your reception of laws for carrying it into effect, which have been thought to present themselves in an unfavorable view. What will be thought of measures taken to force Gr Britain by a navigation act, to come forward in fair treaty, and let us substantially into her islands, as a price for the advantages in navigation and commerce which she now derives from us? This is interesting to our agriculture, provided the means adopted be sufficiently gradual. I wish you would come forward to the federal legislature and give your assistance on a larger scale than that on which you are acting at present. I am satisfied you could render essential service, and I have such confidence in the purity of your republicanism, that I know your efforts would go in a right direction. Zeal and talents added to the republican scale will do no harm in Congress. It is fortunate that our first executive magistrate is purely and zealously republican. We cannot expect all his successors to be so, and therefore should avail ourselves the present day to establish principles and examples which may fence us against future heresies preached now, to be practised hereafter. I repeat my wish that I could see you come into the federal councils; no man living joining more confidence in your principles and talents to higher personal esteem than, dear Sir, your most obedient humble servant.

Thomas Jefferson
Jefferson, Thomas
Mar. 15, 1791
Philadelphia
David Humphreys
Humphreys, David

TO THE U. S. MINISTER TO PORTUGAL
(DAVID HUMPHREYS)

j. mss.
Dear Sir,

—Your letters N o . 1. to 6. from England, N o . 7. 8. from Lisbon N o . 9. from Madrid are all received.

The President has nominated you minister Resident for the U. S. of America at the Court of Lisbon, which was approved by the Senate. You will consequently receive herewith your Commission, a letter of credence to the Queen, sealed, and an open copy of it for your own information, a letter to Monsr. de Pinto her Secretary for foreign affairs. Your salary is fixed at four thousand five hundred dollars a year, and an Outfit equal to a year’s salary. Besides this you will be allowed your disbursements for any gazettes you think proper to be transmitted here, translating printing papers where that shall be necessary, postage, couriers, necessary Aids to poor American sailors, unless the latter article should be provided for by the consulage fees allowed by the laws of Portugal as has been said. I state these things particularly that you may be under no doubt as to what you may charge what you may not charge to the public. I expect from the Secretary of the treasury, in time to go with this letter, information how you are to be furnished with these sums of money. You will be pleased annually to state your account on the 1st. day of July, to the end of the preceding day, to send it to me by the first conveyance afterwards, to enable me to make up a general account of the foreign fund in time to be laid before Congress at their meeting. We shall name a Consul for the port of Lisbon as soon as a proper native shall occur.

The title of the book you desired is “the Privileges of an Englishman in the Kingdoms dominions of Portugal contained in the treaty of Oliver Cromwell c. in Portuguese English. Sold at the Portugal Coffee house in Smithin’s Alley 1736. 8 vo .”

I inclose you the copy of a navigation act proposed in the late Congress, but which lies over to the next, as their time being up on the 3d. of March they were obliged to postpone everything which would admit of it. It will be taken up at the meeting of the next which will be on the 4th. Monday of October. This Act is perfectly innocent as to other nations, is strictly just as to the English, cannot be parried by them, if adopted by other nations would inevitably defeat their navigation act reduce their power on the sea within safer limits. It is indeed extremely to be desired that other nations would adopt it. I send copies of it to Mr. Short Mr. Carmichael. Could those three countries agree to concur in such a measure it would soon be fatally felt by the navy of England. No body can better judge of its effect than Mr. Pinto, to whom I would wish you to communicate it, see whether he would not think it expedient for Portugal.

I inclose you a letter for Mr. Carmichael, which being of importance, I wish you could find a safe private conveyance for it. We have no letter from him since you left this. You will also receive by this conveyance the newspapers to the present date. The President sets out within a day or two for the Southern states, and will probably not return till June. We are in hourly hope of receiving another letter from you dated from Madrid. * * *

Thomas Jefferson
Jefferson, Thomas
Mar. 17, 1791
Philadelphia
William Carmichael
Carmichael, William

TO THE U. S. CHARGÉ D’AFFAIRES IN SPAIN.
(WILLIAM CARMICHAEL.)

j. mss.
Sir,

—The term of the first Congress having expired on the 3d inst. they separated on that day, much important business being necessarily postponed. New elections have taken place for the most part, very few changes made. This is one of many proofs that the proceedings of the new government have given general satisfaction. Some acts indeed have produced local discontents; but these can never be avoided. The new Congress will meet on the 4th Monday of October. Inclosed is the copy of an act reported by a committee of the late Congress, who not having time to go through the subject, referred it to me, to be examined reported to the next Congress. This measure therefore will be proposed to them as a first immediate step, and perhaps something further at a more distant day. I have sent copies of this Act to Mr. Short Col o . Humphreys I inclose this to you, that you may communicate it to the court of Madrid as a measure in contemplation with us. How far such an one may be politic to be adopted by Spain, France Portugal is for them to consider. The measure is perfectly innocent as to all nations except those, or rather that, which has a navigation act; and to that it retorts only it’s own principles. Being founded in universal reciprocity, it is impossible it should excite a single complaint. It’s consequences on that nation are such as they cannot avoid; for either they must repeal their navigation act, in order to be let in to a share of foreign carriage, or the shipping they now employ in foreign carriage will be out of employ, and this act frustrated on which their naval power is built. Consequently that power will be reduced within safer limits, and the freedom of the ocean be better secured to all the world. The more extensive the adoption of this measure is, the more irritable will be it’s effect. We would not wish to be declared the excitors of such a concert of measures, but we have thought it expedient to suggest informally to the courts of France, Spain Portugal the measure we propose to take, and to leave with them to decide, on the motives of their own interest, how far it may be expedient for them to adopt a similar measure. Their concurrence will more completely ensure the object of our Act, and therefore I leave it to yourself to insinuate it with all the discretion and effect you can.

Your letter of May 6. 1789. is still the last we have received, that is now near two years old. A letter from Col o . Humphreys written within 24. hours after his arrival at Madrid reached us within two months 10. days after it’s date. A full explanation of the causes of this suspension of all information from you, is expected in answer to my letter of Aug. 6. It will be waited for yet a reasonable time, in the mean while a final opinion suspended. By the first vessel to Cadiz the laws gazettes shall be forwarded.

Thomas Jefferson
Jefferson, Thomas
March 19, 1791
Philadelphia
William Short
Short, William

TO THE U. S. CHARGÉ D’AFFAIRES IN FRANCE
(WILLIAM SHORT)

j. mss.
Dear Sir,

—Your letter of November the 6th, No. 46, by Mr. Osmont, came to hand yesterday, and I have just time, before the departure of Mr. Terrasson, the bearer of my letter of the 15th instant, and despatches accompanying it, to acknowledge the receipt, and inform you that it has been laid before the President. On consideration of the circumstances stated in the second page of your letter, he is of opinion, that it is expedient to press at this moment a settlement of our difference with Spain. You are therefore desired, instead of confining your application for the interference of the court of France, to the simple case of St. Marie, mentioned in my letter of the 12th, to ask it on the broad bottom of general necessity, that our right of navigating the Mississippi be at length ceded by the court of Madrid, and be ceded in such form, as to render the exercise of it efficacious and free from chicane. This cannot be without an entrepôt in some convenient port of the river, where the river and sea craft may meet and exchange loads, without any control from the laws of the Spanish government. This subject was so fully developed to you in my letter of August the 10th, 1790, that I shall at present only refer to that. We wish you to communicate this matter fully to the Marquis de La Fayette, to ask his influence and assistance, assuring him that a settlement of this matter is become indispensable to us; any further delay exposing our peace, both at home and abroad, to accidents, the result of which are incalculable, and must no longer be hazarded. His friendly interposition on this occasion, as well as that of his nation, will be most sensibly felt by us. To his discretion, therefore, and yours, we confide this matter, trusting that you will so conduct it as to obtain our right in an efficacious form, and at the same time to preserve to us the friendship of France and Spain, the latter of which we value much, and the former infinitely.

Mr. Carmichael is instructed to press this matter at Madrid; yet if the Marquis and yourself think it could be better effected at Paris, with the Count de Nunnez, it is left to you to endeavor to try it there. Indeed, we believe it would be more likely to be settled there, than at Madrid or here. Observe always, that to accept the navigation of the river without an entrepôt would be perfectly useless, and that an entrepôt, if tramelled, would be a certain instrument for bringing on war instead of preventing it.

Thomas Jefferson
Jefferson, Thomas
Mar. 22. 1791
Philadelphia
George Nicholas
Nicholas, George

TO THE ATTORNEY OF THE DISTRICT OF KENTUCKY
(GEORGE NICHOLAS)

j. mss.
Sir,

—A certain James O’Fallon is, as we are informed, undertaking to raise, organize commission an army, of his own authority, independant of that of the government, the object of which is to go and possess themselves of lands which have never yet been granted by any authority which the government admits to be legal, and with an avowed design to hold them by force against any power, foreign or domestic. As this will inevitably commit our whole nation in war with the Indian nations and perhaps others, it cannot be permitted that all the inhabitants of the U. S. shall be involved in the calamities of war, and the blood of thousands of them be poured out, merely that a few adventurers may possess themselves of lands: nor can a well ordered government tolerate such an assumption of it’s sovereignty by unauthorized individuals. I send you herein the attorney general’s opinion of what may legally be done, with a desire that you proceed against the said O’Fallon according to law. It is not the wish, to extend the prosecution to other individuals, who may have given thoughtlessly into this unlawful proceeding. I enclose you a proclamation to this effect. But they may be assured, that if this undertaking be prosecuted, the whole force of the U. S. will be displayed to punish the transgression. I enclose you one of O’Fallon’s commissions, signed, as is said, by himself.

Thomas Jefferson
Jefferson, Thomas
March 24th, 1791
Philadelphia
Martha Jefferson Randolph
Randolph, Martha Jefferson

TO MARTHA JEFFERSON RANDOLPH 1

My Dear Daughter,

—The badness of the roads retards the posts, so that I have received no letter this week from Monticello. I shall hope soon to have one from yourself; to know from that that you are perfectly re-established, that the little Anne is becoming a big one, that you have received Dr. Gregory’s book and are daily profiting from it. This will hardly reach you in time to put you on the watch for the annular eclipse of the sun, which is to happen on Sunday se’nnight to begin about sunrise. It will be such a one as is rarely to be seen twice in one life. I have lately received a letter from Fulwar Skipwith, who is counsul for us in Martinique and Guadaloupe. He fixed himself first in the former, but has removed to the latter. Are many of your acquaintances in either of these islands? If they are I wish you would write to them and recommend him to their acquaintance. He will be a sure medium through which you may exchange souvenirs with your friends of a more useful kind than those of the convent. He sent me half a dozen pots of very fine sweatmeats. Apples and cider are the greatest presents which can be sent to those islands. I can make those presents for you whenever you choose to write a letter to accompany them, only observing the season for apples. They had better deliver their letters for you to F. S. Skipwith. Things are going on well in France, the Revolution being past all danger. The National Assembly being to separate soon, that event will seal the whole with security. Their islands, but more particularly St. Domingo and Martinique, are involved in a horrid civil war. Nothing can be more distressing than the situation of their inhabitants, as their slaves have been called into action, and are a terrible engine, absolutely ungovernable. It is worse in Martinique, which was the reason Mr. Skipwith left it. An army and fleet from France are expected every hour to quell the disorders. I suppose you are busily engaged in your garden. I expect full details on that subject as well as from Poll, that I may judge what sort of a gardener you make. Present me affectionately to all around you, and be assured of the tender and unalterable love of yours.

Thomas Jefferson
Jefferson, Thomas
Mar. 26, 1791
Philadelphia
William Telfair
Telfair, William

TO THE GOVERNOR OF GEORGIA 1
(WILLIAM TELFAIR)

Sir,

—Your favor of the 2d of January was received the 4th instant. The dispositions expressed by the Governour of Florida give reason to hope he will execute with good faith the orders of his Sovereign to prevent the future reception within his province of slaves flying from the United States. How far he may think himself authorized to give up those who have taken refuge there heretofore is another question. I observe that the orders he announces to have received say nothing of the past. It is probable therefore that an application from us to give them retrospective effect, may require his asking new orders from his Court. The delay which will necessarily attend the answer, the doubts what that answer may be, if what we wish, the facility of evading the execution if there be a disposition to evade it, are circumstances to be weighed beforehand, as well as the probable amount of the interest it would be possible to recover. If this last be small, it may be questionable how far the government ought in prudence to commit itself by a demand of such dilatory doubtful effect. As the President will be at Augusta in the course of the tour in which he is now engaged, you will have an opportunity of explaining to him the extent of the losses complained of, how far they could probably be recovered, even were the dispositions of your neighbours favourable to the recovery, what those dispositions may actually be.

Thomas Jefferson
Jefferson, Thomas
March 29, 1791
L. W. Otto
Otto, L. W.

TO THE FRENCH CHARGÉ D’AFFAIRES 1
(L. W. OTTO)

j. mss.
Sir,

—The note of December 13th. which you did me the honor to address to me on the acts of Congress of the 20th. of July 1789 and 1790, fixing the tonnage payable by foreign vessels arriving from a foreign port without excepting those of France, has been submitted to the Government of the United States. They consider the conduct of his most Christian Majesty in making this the subject of fair discussion and explanation as a new proof of his justice and friendship and they have entered on the consideration with all the respect due to whatever comes from his Majesty or his Ministers, and with all the dispositions to find grounds for an union of opinion which a sincere attachment to your nation and a desire to meet their wishes on every occasion could inspire. But the 5th Article of the Treaty of Amity and Commerce is not seen here exactly in the point of view in which your note places it.

The 3d. and 4th. Articles subject the vessels of each nation to pay in the ports of the other, only such duties as are paid by the most favoured nation: and give them reciprocally all the privileges and exemptions in navigation and commerce, which are given by either to the most favoured nations. Had the contracting parties stopped here, they would have been free to raise or lower their tonnage as they should find it expedient; only taking care to keep the other on the footing of the most favoured nation.

The question then is whether the 5th Article, cited in the note, is anything more than an application of the principle comprised in the 3d. and 4th. to a particular object? or whether it is an additional stipulation of some thing not so comprised?

I. That it is merely an application of a principle comprised in the preceding Articles, is declared by the express words of the Article, to wit, “ Dans l’exemption cidessus est nommément compris c.” in the above exemption is particularly comprised the imposition of 100. sols per ton established in France on foreign vessels. Here then is at once an express declaration that the exemption from the duty of 100 sols, is comprised in the 3d. and 4th. Articles; that is to say, it was one of the exemptions enjoyed by the most favoured nations, and, as such, extended to us by those Articles. If the exemption spoken of in this 1st. member of the 5th. Article was comprised in the 3d. and 4th. Articles, as is expressly declared, then the reservation by France out of that exemption (which makes the 2d member of the same Article) was also comprised: that is to say, if the whole was comprised the part was comprised. And if this reservation of France in the 2d. member was comprised in the 3d. and 4th. Articles, then the counter reservation by the United States (which constitutes the 3d. and last member of the same Article) was also comprised. Because it is but a corresponding portion of a similar whole on our part, which had been comprised by the same terms with theirs.

In short the whole article relates to a particular duty of 100. sols laid by some antecedent law of France on the vessels of foreign nations, relinquished as to the most favoured, and consequently to us. It is not a new and additional stipulation then, but a declared application of the stipulations comprised in the preceding articles to a particular case, by way of greater caution.

The doctrine laid down generally in the 3d and 4th Articles, and exemplified specially in the 5th amounts to this. “The vessels of the most favoured nations, coming from foreign ports, are exempted from the duty of 100. sols: therefore you are exempted from it by the 3d and 4th Articles. The vessels of the most favoured nations, coming coastwise, pay that duty; therefore you are to pay it by the 3d and 4th Articles. We shall not think it unfriendly in you to lay a like duty on coasters, because it will be no more than we have done ourselves. You are free also to lay that or any other duty on vessels coming from foreign ports, provided they apply to all other nations, even the most favoured. We are free to do the same, under the same restriction: but exempting you from a duty which the most favoured nations do not pay, does not exempt you from one which they do pay.”

In this view it is evident that the 5th Article neither enlarges, nor abridges the stipulations of the 3d and 4th. The effect of the Treaty would have been precisely the same had it been omitted altogether; consequently it may be truly said that the reservation by the United States in this Article is completely useless. And it may be added with equal truth that the equivalent reservation by France is completely useless: as well as her previous abandonment of the same duty; and in short the whole article. Each party then remains free to raise or lower it’s tonnage, provided the change operates on all nations, even the most favoured.

Without undertaking to affirm, we may obviously conjecture, that this Article has been inserted on the part of the United States from an over caution to guard, nommement, by name, against a particular aggrievance, which they thought they could never be too well secured against: and that has happened, which generally happens; doubts have been produced by the too great number of words used to prevent doubt.

II. The Court of France however understands this Article as intended to introduce something to which the preceding Articles had not reached; and not merely as an application of them to a particular case. This opinion seems to be founded on the general rule, in the construction of instruments, to leave no words merely useless, for which any rational meaning can be found. They say that the reservation by the United States of a right to lay a duty equivalent to that of the 100. sols, reserved by France, would have been completely useless, if they were left free, by the preceding Articles, to lay a tonnage to any extent whatever. Consequently that the reservation of a part proves a relinquishment of the residue.

If some meaning, and such a one, is to be given to the last member of the Article, some meaning, and a similar one, must be given to the corresponding member. If the reservation by the United States of a right to lay an equivalent duty, implies a relinquishment of their right to lay any other, the reservation by France of a right to continue the specified duty to which it is an equivalent, must imply a relinquishment of the right, on her part to lay or continue any other. Equivalent reservations by both, must imply equivalent restrictions on both. The exact reciprocity stipulated in the preceding Articles, and which pervades every part of the Treaty, ensures a counter right to each party for every right ceded to the other.

Let it be further considered—that the duty called tonnage in the United States is in lieu of the duties for Anchorage, for the support of Buoys, Beacons, and Light-houses, to guide the Mariner into harbour, and along the coast, which are provided and supported at the expence of the United States, and for fees to measurers, weighers, gaugers, c., who are paid by the United States; for which articles, among many others (light excepted) duties are paid by us in the ports of France under their specific names. That Government has hitherto thought these duties consistent with the Treaty; and consequently the same duties under a general instead of specific monies, with us, must be equally consistent with it; it is not the name, but the thing which is essential. If we have renounced the right to lay any port duties, they must be understood to have equally renounced that of either laying new or continuing the old. If we ought to refund the port duties received from their vessels since the date of the Act of Congress, they should refund the port duties they have received from our vessels since the date of the Treaty, for nothing short of this is the reciprocity of the Treaty.

If this construction be adopted then, each party has forever renounced the right of laying any duties on the vessels of the other coming from any foreign port, or more than 100 sols on those coming coastwise. Could this relinquishment be confined to the two contracting parties alone it’s effect would be calculable. But the exemption once conceded by the one nation to the other, becomes immediately the property of all others, who are on the footing of the most favoured nations. It is true that those others would be obliged to yield the same compensation, that is to say, to receive our vessels duty free. Whether France and the United States would gain or lose in the exchange of the measure with them, is not easy to say.

Another consequence of this construction will be that the vessels of the most favoured nations, paying no duties will be on a better footing than those of nations, which pay a moderate duty, consequently either the duty on these also must be given up, or they will be supplanted by foreign vessels in our own ports.

The resource then of duty on vessels for the purposes either of revenue or regulation, will be forever lost to both. It is hardly conceivable that either party, looking forward to all these consequences, would see their interest in them. So that on the whole, Sir, we consider the 5th article of the Treaty merely as an illustration of the 3d and 4th articles, by an application of the principles comprised in them to the case stated in that, and that a contrary construction would exceedingly embarrass and injure both the contracting parties. We feel every disposition on our part to make considerable sacrifices where they would result to the sole benefit of your nation: but where they would excite from other nations corresponding claims, it becomes necessary to proceed with caution. You probably know, Sir, that the general subject of navigation was before our Legislature at their last Session, and was postponed merely for the want of time to go through it before the period arrived to which the Constitution had limited their existence. It will be resumed at the meeting of the new Legislature, and from a knowledge of the sincere attachment of my Countrymen to the prosperity of your nation, and to the increase of our intercourse with it, I may safely say for the new Legislature that the encouragement of that intercourse for the advantage of both parties will be considered as among the most interesting branches of the general subject submitted to them. From a perfect conviction of the coincidence of our interests nobody wishes more sincerely to cultivate the habit of mutual good offices and favours than he who has the honor to be with sentiments of the greatest respect and esteem, Sir, your most obedient and most humble Servant.

Thomas Jefferson
Jefferson, Thomas
March 31st, 1791
Philadelphia
Mary Jefferson
Jefferson, Mary

TO MARY JEFFERSON 1

My dear Maria,

—I am happy to have a letter of yours to answer. That of March 6th came to my hands on the 24th. By-the-by, you never acknowledged the receipt of my letters, nor tell me what on day they came to hand. I presume that by this time you have received the two dressing tables with marble tops. I give one of them to your sister, and the other to you: mine is here with the top broken in two. Mr. Randolph’s letter, referring to me the name of your niece, was very long on the road. I answered it as soon as I received it, and hope the answer got duly to hand. Lest it should have been delayed, I repeated last week to your sister the name of Anne, which I had recommended as belonging to both families. I wrote you in my last that the frogs had begun their songs on the 7th; since that the blue-birds saluted us on the 17th; the weeping-willow began to leaf on the 18th; the lilac and gooseberry on the 25th; and the golden-willow on the 26th. I inclose for your sister three kinds of flowering beans, very beautiful and very rare. She must plant and nourish them with her own hand this year, in order to save enough seeds for herself and me. Tell Mr. Randolph I have sold my tobacco for five dollars per c., and the rise between this and September. Warehouse and shipping expenses in Virginia, freight and storage here, come to 2s. 9d. a hundred, so that it is as if I had sold it in Richmond for 27s. 3d. credit till September, or half per cent. per month discount for the ready money. If he chooses it, his Bedford tobacco may be included in the sale. Kiss everybody for me. Yours affectionately.

Thomas Jefferson
Jefferson, Thomas
Apr. 2. 1791
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

d. s. mss.
Sir,

—I had the honor of addressing you on the 27 th . Ult. since which letters are received of Jan. 24., from Mr. Carmichael, and of Jan. 3 15, Madrid, and Feb. 6., and 12., Lisbon, from Colonel Humphreys. As these are interesting and may tend to settle suspense of mind to a certain degree, I shall trouble you with quotations from some parts the substance of others.

Col o . H. says,

“I learn from other good authority, as well as from Mr. Carmichael, that all the representations of Gardoqui (when minister in America), tended to excite a belief that the most respectable influential people throughout the U. S. did not wish to have the navigation of the Mississippi opened for years to come, from an apprehension such an event would weaken the government impoverish the Atlantic states by emigrations. It was even pretended that none but a handful of settlers on the Western waters, a few inhabitants of the Southern states would acquiesce in the measure.”

This is the state of mind to which they have reverted since the crisis with England is passed, for during that, the Count de Florida Blanca threw out general assertions that we should have no reason to complain of their conduct with respect to the Mississippi; which gave rise to the report it’s navigation was opened. The following passages will be astonishing to you who recollect that there was not a syllable in your letters to Mr. G. M. which looked in the most distant manner to Spain. Mr. Carmichael says,

“Something however might have been done in a moment of projects and apprehension, had not a certain negotiation, carried on on our part at London, transpired, which I think was known here rather from British policy than from the vigilance of the Marquis del Campo. Entirely unacquainted with this manœuvre, although in correspondence with the person employed, I was suspected to be in the secret. This suspicion banished confidence, which returns by slow degrees. This circumstance induced me to drop entirely my correspondence with G. M. To continue it would have done harm, certainly could do no good. I have seen extracts of the President’s letter communicated to the Duke of Leeds, perhaps mutilated or forged to serve here the views of the British cabinet. I do not yet despair of obtaining copies of those letters through the same channel that I procured the first account of the demands of G. B. and the signature of the late convention.”

Col o . Humphreys says,

“The minister had intimations from del Campo of the conferences between Mr. Morris the Duke of Leeds, which occasioned him to say with warmth to Mr. Carmichael, ‘Now is your time to make a treaty with England.’ Fitzherbert availed himself of these conferences to create apprehensions that the Americans would aid his nation in case of war.”

Your genuine letter could have made no such impression. The British court then must have forged one, to suit their purpose, and I think it will not be amiss to send a genuine copy to Carmichael, to place our faith on it’s just ground. The principal hope of doing anything now, is founded, either on an expected removal of the Count de F. B. from the ministry, in which case persons will be employed who are more friendly to America, or to the bursting out of that fire which both gentlemen think but superficially covered. Mr. Carmichael justifies himself by the interception of his letters. He has shown the originals to Colonel H. He concludes his present letter with these words,

“Relying on the good opinion of me, that you have been pleased to express on many occasions, I entreat you to engage the President to permit me to return to my native country.”

Col o . Humphreys, on the subjects of his justification and return says, (after speaking of the persons likely to come into power),

“Mr. Carmichael being on terms of intimacy with the characters here, is certainly capable of effecting more at this court than any other American. He is heartily desirous of accomplishing the object in view at all events, fully determined to return to America in 12. or 18. months at farthest. He has expressed that intention repeatedly. To be invested with full powers, perhaps he would be able to do something before his departure from the continent.”

In his letter of Jan. 15. he says,

“Mr. Carmichael’s ideas are just: his exertions will be powerful unremitting to obtain the accomplishment of our desires before his departure from this country. The task will now be difficult if not impracticable.”

In that of Feb. 6. he says,

“Mr. Carmichael is much mortified that so many of his despatches have miscarried. By the original documents, which I have seen in his hands, I am convinced he has been extremely assiduous and successful in procuring early authentic intelligence. It is difficult for a person at a distance to form an adequate judgment of the embarrassments to which a public man, situated as he was, is subjected, in making written communications, from such an inland place, under such a jealous government. He appears disgusted with the country the mode of life he is compelled to lead. He desires ardently to return to his native land; but he wishes to distinguish himself first by rendering some essential service to it if possible.”

I propose to write to Mr. Carmichael that your absence prevents my asking the permission he desires, that as it is natural he should wish to do something which may make favorable impressions here before his return an opportunity is now offered him, I will suspend asking his recall till I hear further from him.

Governor Quesada, by order of his court, is inviting foreigners to go and settle in Florida. This is meant for our people. Debtors take advantage of it, go off with their property. Our citizens have a right to go where they please. It is the business of the states to take measures to stop them till their debts are paid. This done, I wish a hundred thousand of our inhabitants would accept the invitation. It will be the means of delivering to us peaceably, what may otherwise cost us a war. In the meantime we may complain of this seduction of our inhabitants just enough to make them believe we think it very wise policy for them, confirm them in it. This is my idea of it.

Thomas Jefferson
Jefferson, Thomas
Apr. 11. 1791
Philadelphia
David Humphreys
Humphreys, David

TO THE U. S. MINISTER TO PORTUGAL
(DAVID HUMPHREYS)

j. mss.
Dear Sir,

—I wrote you Mar. 15. with postscripts of the 18 th . 19 th . since that yours of Jan. 3. No. 10. Jan. 15. No. 11. from Madrid, and Feb. 6. No. 12. Feb. 12. No. 13. from Lisbon are received. They covered a letter from Mr. Carmichael, the only one we have from him of later date than May 1789. You know that my letter to him, of which you were the bearer, took notice of the intermission of his correspondence, and the one inclosed to him in my letter to you of Mar. 15. being written when this intermission was felt still stronger, as having continued so much longer, conveyed stronger marks of dissatisfaction. Tho’ his letter now received convinces us he has been active in procuring intelligence, yet it does not appear that he has been equally assiduous in procuring means of correspondence which was the more incumbent on him in proportion as the government was more jealous watchful. Still however I wish him to receive the letter now inclosed for him herein, as it softens what had been harder said, and shews a disposition rather to look forward than backward. I hope you will receive it in time to forward with the other. It contains important matter, pressing on him, as I wish to do on you, have done on Mr Short, to engage your respective courts in a co-operation in our navigation act. Procure for us all the information possible as to the strength, riches, resources, lights and dispositions of Brazil. The jealousy of the court of Lisbon on this subject will of course inspire you with due caution in making and communicating these inquiries. 1

Thomas Jefferson
Jefferson, Thomas
Apr. 17. 1791
Philadelphia
James Monroe
Monroe, James

TO JAMES MONROE

j. mss.
Dear Sir,

—Your favor of Mar. 29. 1791. came to hand last night. I sincerely sympathize with you on the step which your brother has taken without consulting you, and wonder indeed how it could be done, with any attention in the agents, to the laws of the land. I fear he will hardly persevere in the second plan of life adopted for him, as matrimony illy agrees with study, especially in the first stages of both. However you will readily perceive that, the thing being done, there is now but one question, that is what is to be done to make the best of it, in respect both to his your happiness? A step of this kind indicates no vice, nor other foible than of following too hastily the movements of a warm heart. It admits therefore of the continuance of cordial affection, calls perhaps more indispensably for your care protection. To conciliate the affection of all parties, and to banish all suspicion of discontent, will conduce most to your own happiness also. I am sorry to hear that your daughter has been unwell, hope she is recovered ere this, and that Mrs. Monroe enjoys good health. Affairs in France are still going on well. The late pacification between Spain England has not been a reconciliation. It is thought the fire is but slightly covered, may burst out should the Northern war spread as is expected. Great Britain is still endeavoring to plunder us of our carrying business. The parliament have a bill before them to admit wheat brought in British bottoms to be warehoused rent free, so that the merchants are already giving a preference to British bottoms for that commodity. Should we lose the transportation of our own wheat, it will put down a great proportion of our shipping, already pushed by British vessels out of some of the best branches of business. In order further to circumscribe our carrying, the Commissioners of the Treasury have lately determined to admit no vessel as American, unless built here. This takes from us the right of prescribing by our own laws the conditions of naturalizing vessels in our own country, and in the event of a war in which we should be neutral, prevents our increasing, by purchase, the quantity of our shipping, so as to avail ourselves of the full benefit of the neutrality of our flag. If we are to add to our own stock of shipping only as much as we can build, a war will be over before we shall be the better of it. We hear of continual murders in the Westward. I hope we shall drub the Indians well this summer then change our plan from war to bribery. We must do as the Spaniards English do, keep them in peace by liberal constant presents. They find it the cheapest plan, so shall we. The expence of this summers expedition would have served for presents for half a century. In this way hostilities being suspended for some length of time, a real affection may succeed on our frontiers to that hatred now existing there. Another powerful motive is that in this way we may leave no pretext for raising or continuing an army. Every rag of an Indian depredation will otherwise serve as a ground to raise troops with those who think a standing army and a public debt necessary for the happiness of the U. S. and we shall never be permitted to get rid of either. Our treasury still thinks that these new encroachments of Gr. Brit. on our carrying trade must be met by passive obedience and non-resistance, lest any misunderstanding with them should affect our credit, or the prices of our public paper. New schemes are on foot for bringing more paper to market by encouraging great manufacturing companies to form, and their actions, or paper-shares, to be transferrable as bank-stock. We are ruined, Sir, if we do not over rule the principles that ‘the more we owe, the more prosperous we shall be,’ ‘that a public debt furnishes the means of enterprise,’ ‘that if ours should be once paid off, we should incur another by any means however extravagant’ c. c.—Col o . Eveleigh died yesterday morn g .—Present me affectionately most affectionately to Mrs. Monroe. I cannot be with you till September. Adieu, my dear Sir.

Thomas Jefferson
Jefferson, Thomas
Apr. 17. 1791
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

j. mss.
Sir,

—I had the honor of addressing you on the 2 d , which I supposed would find you at Richmond, and again on the 10 th , which I thought would overtake you at Wilmington. The present will probably find you at Charleston.

According to what I mentioned in my letter of the 10 th , the Vice-president, Secretaries of the Treasury War myself, met on the 11 th . Col o Hamilton presented a letter from Mr. Short in which he mentioned that the month of February being one of the periodical months in Amsterdam, when from the receipt of interest and refunding of capitals, there is much money coming in there, free to be disposed of, he had put off the opening his loan till then, that it might fill the more rapidly, a circumstance which would excite the presumption of our credit; that he had every reason to hope it would be filled before it would be possible for him, after his then communication of the conditions, to receive your approbation of them, orders to open a second; which however should be awaited, according to his instructions; but he pressed the expediting the order, that the stoppage of the current in our favor might be as short as possible. We saw that if, under present circumstances, your orders should be awaited, it would add a month to the delay, and we were satisfied, were you present, you would approve the conditions, order a second loan to be opened. We unanimously therefore advised an immediate order, on condition the terms of the 2 d . loan should not be worse than those of the 1 st .. Genl. Knox expressed an apprehension that the 6. nations might be induced to join our enemies; there being some suspicious circumstances; and he wished to send Colo. Pickering to confirm them in their neutrality. This he observed would occasion an expense of about two thousand dollars, as the Indians were never to be met empty-handed. We thought the mission adviseable. As to myself, I hope we shall give the Indians a thorough drubbing this summer, and I should think it better afterwards to take up the plan of liberal repeated presents to them. This would be much the cheapest in the end, would save all the blood which is now split: in time too it would produce a spirit of peace friendship between us. The expense of a single expedition would last very long for presents. I mentioned to the gentlemen, the idea of suggesting thro’ Colo. Beckwith our knowledge of the conduct of the British officers in furnishing the Indians with arms ammunition, and our dissatisfaction. Colo. Hamilton said that Beckwith had been with him on the subject, and had assured him they had given the Indians nothing more than the annual present, at the annual period. It was thought proper however that he should be made sensible that this had attracted the notice of government. I thought it the more material, lest, having been himself the first to speak of it, he might suppose his excuses satisfactory, that therefore they might repeat the annual present this year. As Beckwith lodges in the same house with Mr. Madison, I have desired the latter to find some occasion of representing to Beckwith that tho’ an annual present of arms ammunition be an innocent thing in time of peace, it is not so in time of war: that it is contrary to the laws of neutrality for a neutral power to furnish military implements to either party at war, that if their subjects should do it on private account, such furniture might be seized as contraband: to reason with him on the subject, as from himself, but so as to let him see that government thought as himself did.

You knew, I think, before you left us, that the British Parliament had a bill before them for allowing wheat, imported in British bottoms, to be warehoused rent free. In order further to circumscribe the carrying business of the U. S., they now refuse to consider as an American bottom, any vessel not built here. By this construction they take from us the right of defining by our own laws what vessels shall be deemed ours naturalized here; and in the event of a war, in which we should be neutral, they put it out of our power to benefit ourselves of our neutrality, by increasing suddenly by purchase naturalization our means of carriage. If we are permitted to do this by building only, the war will be over before we can be prepared to take advantage of it. This has been decided by the Lords Commissioners of the treasury, in the case of one Green a merchant of New York; from whom I have received a regular complaint on the subject. I enclose you the copy of a note from Mr. King to Colonel Hamilton, on the subject of the appointment of a British minister to come here. I suspect it, however, to be without foundation.

Colonel Eveleigh died yesterday. Supposing it possible you might desire to appoint his successor as soon as you could decide on one, I enclose you a blank commission; which, when you shall be pleased to fill it up and sign, can be returned for the seal and counter-signature. I enclose you a letter from Mr. Coxe to yourself, on the subject of this appointment, and so much of one to me as related to the same, having torn off a leaf of compliment to lighten and lessen my enclosures to you. Should distributive justice give preference to a successor of the same state with the deceased, I take the liberty of suggesting to you Mr. Hayward, of South Carolina, whom I think you told me you did not know, and of whom you are now on the spot of inquiry. I enclose you also a continuation of the Pennsylvania debates on the bill for federal buildings. After the postponement by the Senate, it was intended to bring on the reconsideration of that vote; but the hurry at winding up their session prevented it. They have not chosen a federal Senator.

Thomas Jefferson
Jefferson, Thomas
April 24, 1791
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

j. mss.
Sir,

—I had the honor of addressing you on the 17th. Since which I have received yours of the 13th.—I inclose you extracts from letters received from Mr. Short. In one of the 7th of Feb., Mr. Short informs me that he has received a letter from M. de Montmorin, announcing to him that the King has named Ternant his minister here. The questions on our tobacco oil have taken unfavorable turns. The former will pay 50 livres the thousand weight less when carried in French than foreign bottoms. Oil is to pay twelve livres a kental, which amounts to a prohibition of the common oils, the only kind carried there. Tobacco will not feel the effect of these measures till time will be given to bring it to rights. They had only 20,000 hhds. in the kingdom in Novemb. last, they consume 2000 hhds. a month; so that they must immediately come forward make great purchases, not having, as yet, vessels of their own to carry it, they must pay the extra duties on ours. I have been puzzled about the delays required by Mr. Barclay’s affairs. He gives me reason to be tolerably assured, that he will go in the first vessel which shall sail after the last day of May. There is no vessel at present whose destination would suit. Believing that even with this, we shall get the business done sooner than thro’ any other channel, I have thought it best not to change the plan.—The last Leyden gazettes give us what would have been the first object of the British arms had the rupture with Spain taken place. You know that Admiral Cornish had sailed on an unknown destination before the Convention was received in London. Immediately on it’s receipt, they sent an express after him to Madeira, in hopes of finding him there. He was gone, had so short a passage that in 23 days he had arrived in Barbadoes, the general rendezvous. All the troops of the islands were collecting there, and Genl. Matthews was on his way from Antigua to take command of the land operations, when he met with the packet boat which carried the counter-orders. Trinidad was the object of the expedition. Matthews returned to Antigua, Cornish is arrived in England. This island, at the mouth of the Oronoko, is admirably situated for a lodgment from which all the country up that river, all the Northern coast of South America, Spanish, French, Dutch, Portuguese, may be suddenly assailed.

Colo. Pickering is now here, will set out in two or three days to meet the Indians, as mentioned in my last.—The intimation to Colo. Beckwith has been given by Mr. Madison. He met it on very different ground from that on which he had placed it with Colo. Hamilton. He pretended ignorance even disbelief of the fact; when told that it was out of doubt, he said he was positively sure the distribution of arms had been without the knowlege and against the orders of Lo. Dorchester, of the government. He endeavored to induce a formal communication from me. When he found that could not be effected, he let Mr. Madison perceive that he thought however informal his character, he had not been sufficiently noticed: said he was in N. York before I came into office, and that tho’ he had not been regularly turned over to me, yet I knew his character. In fine he promised to write to Lo. Dorchester the general information we had received our sense of it; and he saw that his former apologies to Colo. Hamilton had not been satisfactory to the government.—Nothing further from Moose island nor the posts on the Northern border of New-York, nor anything of the last week from the Western country.

Arthur Campbell has been here. He is the enemy of P. Henry. He says the Yazoo bargain is like to drop with the consent of the purchasers. He explains it thus. They expected to pay for the lands in public paper at par, which they had bought at half a crown the pound. Since the rise in the value of the public paper, they have gained as much on that, as they would have done by investing it in the Yazoo lands; perhaps more, as it puts a large sum of specie at their command which they can turn to better account. They are therefore likely to acquiesce under the determination of the government of Georgia to consider the contract as forfeited by non-payment.—I direct this letter to be forwarded from Charleston to Cambden. The next will be from Petersburg to Taylor’s ferry; and after that I shall direct to you at Mount Vernon.

Thomas Jefferson
Jefferson, Thomas
May 1. 1791
Philadelphia
Thomas Mann Randolph
Randolph, Thomas Mann

TO THOMAS MANN RANDOLPH

j. mss.
Dear Sir,

—I have to acknowlege the receipt of your favour of Apr. 7. which came to hand on the 20th. I hope my letters on the subject of my tobo. have got to hand in time to prevent any contract there interfering with the sale I made here. I learn that 4 hhds more are coming on. Being entitled to the highest price given before payment, I believe I shall be sure of 5⅓ dollars which will net me 29/3 Virginia money. Your shipment to London Mr. Madison’s to Liverpool will give us a fair trial of the markets. We are still sitting before fires here. The fruit in this country is untouched. I thank you for having replaced my dead trees. It is exactly what I would have wished. I shall be glad to hear how the white wheat, mountain-rice, Paccan Sugar Maples have succeeded. Evidence grows upon us that the U. S. may not only supply themselves sugar for their own consumption but be great exporters. I have received a cargo of olive trees from Marseilles, which I am ordering on to Charleston, so that the U. S. has a certain prospect that sugar oil will be added to their productions, no mean addition. I shall be glad to have a pair of puppies of the Shepherd’s dog selected for the President. A committee of the Philosophical society is charged with collecting materials for the natural history of the Hessian fly. I do not think that of the weavil of Virginia has been yet sufficiently detailed. What do you think of beginning to turn your attention to this insect, in order to give its history to the Phil. society? It would require some summers’ observations.—Bartram here tells me that it is one the same insect which by depositing it’s egg in the young plumbs, apricots, nectarines peaches renders them gummy good for nothing. He promises to shew me the insect this summer.—I long to be free for pursuits of this kind instead of the detestable ones in which I am now labouring without pleasure to myself, or profit to others. In short I long to be with you at Monticello. Greet all the family tenderly for me.

Thomas Jefferson
Jefferson, Thomas
May 1. 1791
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

d. s. mss.
Sir,

—I had the honour of addressing you on the 24 th . Ult. which I presume you will have received at Cambden. The present is ordered to go from Petersburg to Taylor’s ferry. I think it better my letters should be even some days ahead of you, knowing that if they ever get into your rear they will never overtake you. I write to-day indeed merely as the watchman cries, to prove himself awake, that all is well, for the last week has scarcely furnished anything foreign or domestic worthy your notice. Truxton is arrived from the E. Indies and confirms the check by Tippou Saib on the detachment of Col o . Floyd, which consisted of between 3. 4000 men. The latter lost most of his baggage artillery, and retreated under the pursuit of the enemy. The loss of men is pretended by their own papers to have been 2, or 300 only. But the loss and character of the officers killed, makes one suspect that the situation has been such as to force the best officers to expose themselves the most, consequently that more men must have fallen. The main body with General Meedons at their head are pretended to be going on boldly, yet L d . Cornwallis is going to take the field in person. This shews that affairs are in such a situation as to give anxiety. Upon the whole the account received thro’ Paris proves true notwithstanding the minister had declared to the house of Commons, in his place, that the public accounts were without foundation, that nothing amiss had happened.

Our loan in Amsterdam for 2½ million of florins filled in two hours a half after it was opened.

The Vice-president leaves us to-morrow. We are told that Mr. Morris gets £70.000 sterl. for the lands he has sold.

A Mr. Noble has been here, from the country where they are busied with the sugar maple tree. He thinks Mr. Cooper will bring 3000 £’s worth to market this season, and gives the most flattering calculations of what may be done in that way. He informs me of another very satisfactory fact, that less profit is made by converting the juice into spirit than into sugar. He gave me specimens of the spirit, which is exactly whiskey.

I have arrived at Baltimore from Marseilles 40. olive trees of the best kind from Marseilles, a box of the seed. The latter to raise stocks, the former cuttings to engraft on the stocks. I am ordering them on instantly to Charleston, where if they arrive in the course of this month they will be in time. Another cargo is on it’s way from Bordeaux, so that I hope to secure the commencement of this culture, and from the best species. Sugar oil will be no mean addition to the articles of our culture. I have the honour to be with the greatest respect and esteem, Sir, your most obedt. most humble servt.

Thomas Jefferson
Jefferson, Thomas
May 8th, 1791
Philadelphia
Mary Jefferson
Jefferson, Mary

TO MARY JEFFERSON 1

My dear Maria,

—Your letter of April 18th came to hand on the 30th; that of May 1st I received last night. By the stage which carries this letter I send you twelve yards of striped nankeen of the pattern inclosed. It is addressed to the care of Mr. Brown, merchant in Richmond, and will arrive there with this letter. There are no stuffs here of the kind you sent. April 30th the lilac blossomed. May 4th the gelder-rose, dogwood, redbud, azalea were in blossom. We have still pretty constant fires here. I shall answer Mr. Randolph’s letter a week hence. It will be the last I shall write to Monticello for some weeks, because about this day se’nnight I set out to join Mr. Madison at New York, from whence we shall go up to Albany and Lake George, then cross over to Bennington, and so through Vermont to the Connecticut River, down Connecticut River, by Hartford, to New Haven, then to New York and Philadelphia. Take a map and trace this route. I expect to be back in Philadelphia about the middle of June. I am glad you are to learn to ride, but hope that your horse is very gentle, and that you will never be venturesome. A lady should never ride a horse which she might not safely ride without a bridle. I long to be with you all. Kiss the little one every morning for me, and learn her to run about before I come. Adieu, my dear. Yours affectionately.

Thomas Jefferson
Jefferson, Thomas
May 8, 1791
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

d. s. mss.
Sir,

—The last week does not furnish one single public event worthy communicating to you: so that I have only to say “all is well.” Paine’s answer to Burke’s pamphlet begins to produce some squibs in our public papers. In Fenno’s paper they are Burkites, in the others, Painites. One of Fenno’s was evidently from the author of the discourses on Davila. I am afraid the indiscretion of a printer has committed me with my friend Mr. Adams, for whom, as one of the most honest disinterested men alive, I have a cordial esteem, increased by long habits of concurrence in opinion in the days of his republicanism; and even since his apostacy to hereditary monarchy nobility, tho’ we differ, we differ as friends should do. Beckley had the only copy of Paine’s pamphlet, lent it to me, desiring when I should have read it, that I would send it to a Mr. J. B. Smith, who had asked it for his brother to reprint it. Being an utter stranger to J. B. Smith, both by sight character I wrote a note to explain to him why I (a stranger to him) sent him a pamphlet, to wit, that Mr. Beckley had desired it; to take off a little of the dryness of the note, I added that I was glad to find it was to be reprinted, that something would at length be publicly said against the political heresies which had lately sprung up among us, that I did not doubt our citizens would rally again round the standard of common sense. That I had in my view the Discourses on Davila, which have filled Fenno’s papers, for a twelve-month, without contradiction, is certain, but nothing was ever further from my thoughts than to become myself the contradictor before the public. To my great astonishment however, when the pamphlet came out, the printer had prefixed my note to it, without having given me the most distant hint of it. Mr. Adams will unquestionably take to himself the charge of political heresy, as conscious of his own views of drawing the present government to the form of the English constitution, and, I fear will consider me as meaning to injure him in the public eye. I learn that some Anglo men have censured it in another point of view, as a sanction of Paine’s principles tends to give offence to the British government. Their real fear however is that this popular republican pamphlet, taking wonderfully, is likely at a single stroke to wipe out all the unconstitutional doctrines which their bell-weather Davila has been preaching for a twelvemonth. I certainly never made a secret of my being anti-monarchical, anti-aristocratical; but I am sincerely mortified to be thus brought forward on the public stage, where to remain, to advance or to retire, will be equally against my love of silence quiet, my abhorrence of dispute.—I do not know whether you recollect that the records of Virginia were destroyed by the British in the year 1781. Particularly the transactions of the revolution before that time. I am collecting here all the letters I wrote to Congress while I was in the administration there, and this being done I shall then extend my views to the transactions of my predecessors, in order to replace the whole in the public offices in Virginia. I think that during my administration, say between June 1. 1779. June 1. 1781. I had the honor of writing frequent letters to you on public affairs, which perhaps may be among your papers at Mount Vernon. Would it be consistent with any general resolution you have formed as to your papers, to let my letters of the above period come here to be copied, in order to make them a part of the records I am endeavoring to restore for the state? or would their selection be too troublesome? if not, I would beg the loan of them, under an assurance that they shall be taken the utmost care of, safely returned to their present deposit.

The quiet regular movements of our political affairs leaves nothing to add but constant prayers for your health welfare and assurances of the sincere respect attachment of Sir Your most obedient, most humble servt.

Thomas Jefferson
Jefferson, Thomas
May 9. 1791
Philadelphia
James Madison
Madison, James

TO JAMES MADISON

j. mss.
Dear Sir,

—Your favor of the 1st came to hand on the 3d. Mr. Freneau has not followed it: I suppose therefore he has changed his mind back again, for which I am really sorry. I have now before me a huge bundle of letters, the only business between me my departure. I think I can be through them by the end of the week, in which case I will be with you by Tuesday or Wednesday, if nothing new comes in to delay me. Rittenhouse will probably not go. He says he cannot find a good horse. I shall propose to you when we back about from the extremity of our journey, instead of coming back the same way, to cross over through Vermont to Connecticut river down that to New-haven, then through Long-island to N. Y. so to Philade. Be this however as you will. Our news from Virginia is principally of deaths, to wit, Colo. B. Harrison of Barclay, Turner Southall, Dixon the printer, Colo. Overton of Hanover, Walker Gilmer son of the Doctor. A Peter Randolph of Chatsworth has had a fit of madness, which he has recovered from. Wheat has suffered by drought: yet it is tolerably good. The fruit not entirely killed.—At this place little new. F. Hopkinson lies at extremities with regular epileptic fits, from which they think he cannot recover. Colo. Hamilton set out to-day for Bethlehem. Have you seen the Philadelphia edn. of Paine’s pamphlet? You know you left Beckley’s copy in my hands. He called on me for it, before I had quite finished it desired me when done to send it to J. B. Smith whose brother was to reprint it. When I was proceeding to send it, I found it necessary to write a note to Mr. Smith to explain why I, a perfect stranger to him, sent him the pamphlet. I mentioned it to be by the desire of Mr. Beckley, to take off a little of the dryness of the note, added, currente calamo, that I was pleased to find it was to be reprinted here, that something was at length to be publicly said against the political heresies which had of late sprung up among us, not doubting but that our citizens would rally again round the standard of Common Sense. I thought no more of this heard no more till the pamphlet appeared, to my astonishment with my note at the head of it. I never saw J. B. Smith or the printer either before or since. I had in view certainly the doctrines of Davila. I tell the writer freely that he is a heretic, but certainly never meant to step into a public newspaper with that in my mouth. I have just reason therefore to think he will be displeased. Colo. Hamilton Colo. Beckwith are open-mouthed against me, taking it in another view, as likely to give offence to the court of London. H. adds further that it makes my opposition to the government. Thus endeavoring to turn [upon] the government itself those censures I meant for the enemies of the government, to wit those who want to change it into a monarchy. I have reason to think he has been unreserved in uttering these sentiments. I send you some letters received for you. Adieu.

Thomas Jefferson
Jefferson, Thomas
May 11. 1791
Philadelphia
Benjamin Vaughan
Vaughan, Benjamin

TO BENJAMIN VAUGHAN

j. mss.
Dear Sir,

—It is rare that my public occupations will permit me to take up the pen for my private correspondencies however desirable to me. This must be my apology for being so late in acknowleging the receipt of your favors of Sep. 21. Oct. 21. Dec. 2. 16. Jan. 6. The parcels of mountain rice from Timor came to hand too late in the last season to produce seed. I have sowed this spring some of the same, but it has not yet come up. I was fortunate in receiving from the coast of Africa last fall a cask of mountain rice of the last year’s growth. This I have dispersed into many hands, having sent the mass of it to S. Carolina. The information which accompanied this cask was that they have there (on the coast of Africa) 3. kinds of mountain rice, which sowed at the same time, comes to harvest a month distant from each other. They did not say of which kind that is which was sent to me. The kind which ripens quickest will surely find sun enough to ripen it in our middle states.

I thank you, my dear Sir, for the Sacontalá, and for Smeeton’s book: but the latter is of a value which obliged me to request you to put more reasonable bounds to your liberalities; neither the state of the sciences nor of the arts here putting it in my power to fulfil that reciprocity which my wishes would lead me to. The Revolution of France does not astonish me so much, as the Revolution of Mr. Burke. I wish I could believe the latter proceeded from as pure motives as the former. But what demonstration could scarcely have established before, less than the hints of Dr. Priestly Mr. Paine establish firmly now. How mortifying that this evidence of the rottenness of his mind must oblige us now to ascribe to wicked motives those actions of his life which wore the mark of virtue patriotism. To judge from what we see published, we must believe that the spirit of toryism has gained nearly the whole of the nation: that the whig principles are utterly extinguished except in the breasts of certain descriptions of dissenters. This sudden change in the principles of a nation would be a curious morsel in the history of man.—We have some names of note here who have apostatised from the true faith: but they are few indeed, and the body of our citizens pure insusceptible of taint in their republicanism. Mr. Paine’s answer to Burke will be a refreshing shower to their minds. It would bring England itself to reason revolution if it was permitted to be read there. However the same things will be said in milder forms, will make their way among the people, you must reform at last.

We have great reason to be satisfied with the train of our affairs. Our government is going on with a firm steady pace. Our taxes, increasing with our population, are always ahead of our calculations, favorable seasons for several years past have given great crops of produce, and the increase of industry, economy, domestic manufacture are very sensible. Our credit both at home abroad equal to our wishes. So that on the whole we are in as prosperous a way as a nation can well be. This shews the advantage of the changeableness of a constitution. Had our former one been unalterable (pardon the absurdity of the hypothesis) we must have gone to ruin with our eyes open.—We are in hopes the operations of this summer will bring our savage neighbors to accept our peace, friendship good offices, which is all we desire of them. If you see Ld. Wycombe sometimes present my esteem to him; so also ever to Dr. Price. I am Dear Sir with sincere attachment your most obdt. most humble servt.

Thomas Jefferson
Jefferson, Thomas
May 15. 1791
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

d. s. mss.
Sir,

— We are still without any occurrence foreign or domestic worth mentioning to you. It is sometime since any news has been received from Europe of the political kind, and I have been longer than common without any letters from Mr. Short.

Col o . Hamilton has taken a trip to Bethlehem. I think to avail myself also of the present interval of quiet to get rid of a head ach which is very trouble some, by giving more exercise to the body less to the mind. I shall set out tomorrow for New York, where Mr. Madison is waiting for me, to go up the North river, return down Connecticut river, and through Long-island. My progress up the North river will be limited by the time I allot for my whole journey, which is a month. So that I shall turn about when ever that renders it necessary. I leave orders, in case a letter should come from you covering the commission for Col o . Eveleigh’s successor, that it should be opened, the great seal put to it, and then given out. My countersign may be added on my return. I presume I shall be back here about the time of your arrival at Mount Vernon, where you will receive this letter. The death of Judge Hopkinson has made a vacancy for you to fill. Should I pick up any thing in my journey, I will write it to you from time to time. I have the honour to be with sincere respect attachment, Sir, your most obedient and most humble servt.

Thomas Jefferson
Jefferson, Thomas
May 15, 1791
Philadelphia
Thomas Mann Randolph
Randolph, Thomas Mann

TO THOMAS MANN RANDOLPH

j. mss.
Dear Sir,

— * * * I hope my tob o . will all come on now as soon as possible, except that which was fired. One of those hhds Stratton brought was of this kind, and cannot be sold here at all. I will thank you to desire Mr Lewis to take effectual measures to retain there the fired tob o . as, should it come here, I shall be obliged to send it back again to Richmond, which will cost a dollar a hundred, the coming going. I am afraid my letter of Feb. 9. to Mr. Lewis never got to hand. The objects of it were to inform him of the sale of my tob o . here, to press a final settlement of my bargain with Ronald, and to advertise the Elk-hill lands for sale. Not having seen the advertisement in Davies’s paper, has excited my fear that the letter miscarried. Perhaps it may have been put into some other paper. For fear it should have miscarried I will add the same form for the advertisement at the end of this letter. That of Feb. 9. was important for the other two objects also. It certainly ought to have got to hand before the date of your letter of Apr. 4. wherein you say he was still waiting my directions, relative to the tob o .. I set out tomorrow on a journey to lakes George Champlain, down Connecticut river through Long island back to N. York this place, so that you will not hear from me for a month to come. I inclose you Bache’s as well as Fenno’s papers. You will have perceived that the latter is a paper of pure Toryism, disseminating the doctrines of monarchy, aristocracy, the exclusion of the influence of the people. We have been trying to get another weekly or half weekly paper set up excluding advertisements, so that it might go through the states, furnish a whig vehicle of intelligence. We hoped at one time to have persuaded Freneau to set up here, but failed. In the mean time Bache’s paper, the principles of which were always republican, improves in it’s matter. If we can persuade him to throw all his advertisements on one leaf, by tearing that off, the leaf containing intelligence may be sent without over-charging the post, be generally taken instead of Fenno’s. I will continue to send it to you, as it may not only amuse yourself, but wish you to oblige your neighbours with the perusal. My love to Martha Maria, be assured yourself of the sincere attachment of Dear Sir Your’s Affectionately.

Thomas Jefferson
Jefferson, Thomas
May 31st, 1791
Lake Champlain
Martha Jefferson Randolph
Randolph, Martha Jefferson

TO MARTHA JEFFERSON RANDOLPH 1

My dear Martha,

—I wrote to Maria while sailing on Lake George, and the same kind of leisure is afforded me today to write to you. Lake George is, without comparison, the most beautiful water I ever saw; formed by a contour of mountains into a basin thirty five miles long, and from two or four miles broad, finely interspersed with islands, its water limpid as crystal, and the mountain sides covered with rich groves of thuja, silver fir, white pine, aspen, and paper birch down to the water-edge; here and there precipices of rock to checker the scene and save it from monotony. An abundance of speckled trout, salmon trout, bass, and other fish, with which it is stored, have added, to our other amusements, the sport of taking them. Lake Champlain, though much larger, is a far less pleasant water. It is muddy, turbulent, and yields little game. After penetrating into it about twenty-five miles, we have been obliged, by a head wind and a high sea, to return, having spent a day and a half in sailing on it. We shall take our route again through Lake George, pass through Vermont, down Connecticut River through Long Island to New York and Philadelphia. Our journey has hitherto been prosperous and pleasant, except as to the weather, which has been as sultry and hot through the whole as could be found in Carolina or Georgia. I suspect, indeed, that the heats of the Northern climates may be more powerful than those of Southern ones in proportion as they are shorter. Perhaps vegetation required this. There is as much fever and ague, too, and other bilious complaints on Lake Champlain as on the swamps of Carolina. Strawberries here are in the blossom, or just formed. With you, I suppose the season is over. On the whole, I find nothing anywhere else, in point of climate, which Virginia need envy to any part of the world. Here they are locked up in snow and ice for six months. Spring and autumn, which make a paradise of our country, are rigorous winter with them; and a tropical summer breaks on them all at once. When we consider how much climate contributes to the happiness of our condition, by the fine sensations it excites, and the productions it is the parent of, we have reason to value highly the accident of birth in such a one as that of Virginia.

From this distance I can have little domestic to write to you about. I must always repeat how much I love you. Kiss the little Anne for me. I hope she grows lustily, enjoys good health, and will make us all, and long, happy as the centre of our common love. Adieu, my dear.

Thomas Jefferson
Jefferson, Thomas
June 5. 1791
Bennington
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

d. s. mss.
Sir,

—In my last letter from Philadelphia, I mentioned that Mr. Madison myself were about to take a trip up the North river as far as circumstances should permit. The levelness of the roads led us quite on to Lake George, where taking boat we went through that, and about 25 miles into Lake Champlain. Returning then to Saratoga, we concluded to cross over thro’ Vermont to Connecticut river and go down that instead of the North river which we had already seen, and we are so far on that rout. In the course of our journey we have had opportunities of visiting Stillwater, Saratoga, Forts Wm. Henry George, Ticonderoga, Crown point, the scene of Genl. Starke’s victory.

I have availed myself of such opportunities as occurred to enquire into the grounds of the report that something disagreeable had taken place in the vicinities of the British posts. It seems to have been the following incident. They had held a small post at a block house on the North Hero, an island on the Vermont side of Lake Champlain, something further South than their principal post at the Point au fer. The Maria hitherto stationed at the latter, for Custom-house purposes, was sent to the Block-house, there exercised her usual visits on boats passing to from Canada. This being an exercise of power further within our jurisdiction became the subject of notice clamour with our citizens in that quarter. The vessel has been since recalled to the Point au fer, being unfit for service, a new one is to be built to perform her functions. This she has usually done at the Point au fer with a good deal of vigour, bringing all vessels to at that place, some times under such circumstances of wind weather as to have occasioned the loss of two vessels cargoes. These circumstances produce strong sensations in that quarter, not friendly to the character of our government. The establishment of a custom-house at Albany, nearly opposite to Point au fer, has given the British considerable alarm. A groundless story of 200 Americans seen in arms near Point au fer, has been the cause, or the pretext of their reinforcing that place a few days ago with a company of men from St. John’s. It is said here they have called in their guard from the Blockhouse, but the information is not direct enough to command entire belief.

On enquiring into the dispositions in Canada on the subject of the projected form of government there, we learn that they are divided into two parties; the English who desire something like an English constitution but so modelled as to oblige the French to chuse a certain proportion of English representatives, the French who wish a continuance of the French laws, moderated by some engraftments from the English code. The judge of their Common pleas heads the former party, Smith the chief justice secretly guides the latter.

We encounter the green Mountains to-morrow, with cavalry in part disabled, so as to render our progress a little uncertain. I presume however I shall be in Philadelphia in a fortnight.

Thomas Jefferson
Jefferson, Thomas
June 5, 1791
Bennington
Thomas Mann Randolph
Randolph, Thomas Mann

TO THOMAS MANN RANDOLPH

j. mss.
Dear Sir,

—Mr. Madison myself are so far on the tour we had projected. We have visited in the course of it the principal scenes of Genl. Burgoyne’s misfortunes to wit the grounds at Stillwater where the action of that name was fought, particularly the breastworks which cost so much blood to both parties, the encampments at Saratoga ground where the British piled their arms, the field of the battle of Bennington about 9 miles from this place. We have also visited Forts Wm. Henry George, Ticonderoga, Crown point, c. which have been scenes of blood from a very early part of our history. We were more pleased however with the botanical objects which continually presented themselves. Those either unknown or rare in Virgna were the Sugar maple in vast abundance, the Silver fir, White pine, Pitch pine, Spruce pine, a shrub with decumbent stems which they call Juniper, an azalea very different from the nudiflora, with very large clusters of flowers, more thickly set on the branches, of a deeper red, high pink-fragrance. It is the richest shrub I have seen. The honeysuckle of the gardens growing wild on the banks’ of L. George, the paperbirch, an Aspen with a velvet leaf, a shrub-willow with downy catkins, a wild gooseberry, the wild cherry with single fruit (not the bunch cherry) strawberries in abundance. From the Highlands to the lakes it is a limestone country. It is in vast quantities on the Eastern sides of the lakes, but none on the Western sides. The Sandy hill falls Wing’s falls, two very remarkable cataracts of the Hudson of about 35 f. or 40 f. each between F. Edward F. George are of limestone, in horizontal strata. Those of the Cohoes, on the W. side of the Hudson, of 70 f. height, we thought not of limestone. We have met with a small red squirrel of the color of our fox-squirrel, with a black stripe on each side, weighing about 6 oz. generally, and in such abundance on L. Champlain particularly as that twenty odd were killed at the house we lodged in opposite Crown point the morning we arrived there, without going 10 yards from the door. We killed 3 crossing the lakes, one of them just as he was getting ashore where it was 3 miles wide, where with the high wind then blowing he must have made it 5 or 6 miles.

I think I asked the favr. of you to send for Anthony in the season for inoculn, as well as to do what is necessary in the orchard, as to pursue the object of inoculating all the Spontaneous cherry trees in the fields with good fruit.

We have now got over about 400 miles of our tour and have still about 450 more to go over. Arriving here on the Saturday evening, and the laws of the state not permitting us to travel on the Sunday, has given me time to write to you from hence. I expect to be at Philadelphia by the 20th or 21st. I am, with great sincere esteem Dear Sir yours affectionately.

Thomas Jefferson
Jefferson, Thomas
June 20. 1791
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

d. s. mss.
Sir,

— * * * The papers from the free people of colour in Grenada, which you did me the honour to inclose, I apprehend it will be best to take no notice of. They are parties in a domestic quarrel, which I think we should leave to be settled among themselves. Nor should I think it desireable were it justifiable, to draw a body of sixty thousand free blacks mulattoes into our country. The instructions from the government of the United Netherlands, by which Mr. Shaw has suffered, merit serious notice. The channel thro which application shall be made is the only difficulty; Dumas being personally disagreeable to that government. However, either thro’ him or some other it should certainly be conveyed.

Mr. Remsen had unluckily sent off to New York all my letters on the very day of my arrival here, which puts it out of my power to give you the state of things brought by the last packet. I expect they will be returned tomorrow, that my next may communicate to you whatever they contain interesting.

I received yesterday a letter from Colo. Ternant informing me of his appointment that he should sail about the latter end of May. The Court of Madrid has sent over a Don Joseph Jaudenes as a joint Commissioner with de Viar, till a charge shall be named. He presented me the letter of credence from the Count de Florida Blanca when I was at New York. He is a young man who was under Secretary to Mr. Gardoqui when here.

Our tour was performed in somewhat less time than I had calculated. I have great hopes it has rid me of my head ach having scarcely had any thing of it during my journey. Mr. Madison’s health is very visibly mended. I left him at New York, meditating a journey as far Eastward as Portsmouth.

Thomas Jefferson
Jefferson, Thomas
June 21. 1791
Philadelphia
James Madison
Madison, James

TO JAMES MADISON

mad. mss.
Dear Sir,

—I arrived here on Sunday evening. Yesterday I sent your note to Leiper who immediately called and paid the 200 Dollars, which I have exchanged for a post note now inclose. I mentioned to the Atty Gen. that I had a note on him, afterwards sent it to him, saying nothing as to time. I inclose you also a post note for 35 Dollars to make up my deficit of expenses (25 94. D.) to pay Mr. Elsworth the smith also to get me from Rivington, Hamilton More’s practical navigator, if his be the 6th edn. as I believe it is. This is the best edn. revised printed under the author’s eye. The later edn. are so incorrect as to be worth nothing.

The President will leave Mt. Vernon on the 27th. He will be stayed a little at Georgetown,—Colo. H. Lee is here. He gives a very different account from Carrington, of the disposition of the upper country of Virginia towards the Excise law—he thinks resistance possible. I am sorry we did not bring with us some leaves of the different plants which struck our attention, as it is the leaf which principally decides specific differences. You may still have it in your power to repair the omission in some degree. The Balsam tree at Govr. Robinson’s is the Balsam poplar, Populus Balsamifera of Linnæus. The Arolea I can only suspect to be the viscosa, because I find but two kinds the nudiflora viscosa acknoleged to grow with us. I am sure it is not the nudiflora. The white pine is the Pinus Strobus. I will thank you if in your journey northward you will continue the enquiries relative to the Hessian fly, note them. The post is almost on it’s departure so Adieu.

Thomas Jefferson
Jefferson, Thomas
June 23, 1791
Philadelphia
David Humphreys
Humphreys, David

TO THE U. S. MINISTER TO PORTUGAL
(DAVID HUMPHREYS)

j. mss.
Dear Sir,

— * * * As yet no native candidate, such altogether as we would wish, has offered for the Consulate of Lisbon, and as it is a distinguished place in our commerce, we are somewhat more difficult in that than other appointments. Very considerable discouragements are recently established by France Spain England with respect to our commerce: the first as to whale oil, tobacco ships, the second as to corn, the third as to corn ships. Should these regulations not be permanent, still they add to the proofs that too little reliance is to be had on a steady certain course of commerce with the countries of Europe to permit us to depend more on that than we cannot avoid. Our best interest would be to employ our principal labour in agriculture, because to the profits of labour which is dear this adds the profits of our lands which are cheap. But the risk of hanging our prosperity on the fluctuating counsels caprices of others renders it wise in us to turn seriously to manufactures, and if Europe will not let us carry our provisions to their manufactures we must endeavor to bring their manufactures to our provisions. A very uncommon drought has prevailed thro most of the states, so that our crops of wheat will be considerably shorter than common. Our public paper continues high, and the proofs that our credit is now the first in Europe are unequivocal. The Indians North of the Ohio have hitherto continued their cattle depredations, but we are in daily expectation of hearing the success of a first excursion to their towns by a party of 7. or 800 mounted infantry under Genl. Scott. Two or three similar expeditions will follow successively under other officers, while a principal one is prepairing to take place at a later season.

I thank you for your communication from Mr. Carmichael. His letter of Jan. 24 is still the only one we have from him. Until some surer means of hearing from Madrid can be devised, I must beg of you to give us from time to time all the intelligence you can from that capital. The conveyance by the British packets is tolerably sure, when direct conveyances fail.

You will receive herewith a continuation of the newspapers, for yourself, as also a letter newspapers for Mr. Carmichael which I must beg the favour of you to convey as safely as you can. The President is expected here the beginning of the ensuing month, being arrived at Mt. Vernon on his return from his Southern tour.

Thomas Jefferson
Jefferson, Thomas
June 28. 1791
Philadelphia
James Madison
Madison, James

TO JAMES MADISON

mad. mss.
Dear Sir,

—Yours of the 23 d. has been duly received. The parcel from the taylor will probably come safely by the stage. With respect to the edition of Hamilton More’s book I took pains to satisfy myself of the best edition when I was in a better situation than I now am, to do it with success. The result was that the 6 th edn. was the last published under the examination of the author, that the subsequent editions, in order to cheapen them, had been so carelessly supervised as to be full of typographical errors in the tables. I therefore prefer waiting till I can get the 6 th. I learned further that after the 6 th edn. the author abandoned all attention to the work himself. I inclose you the pamphlet on the banks, and must trouble you to procure a pamphlet for me which is only in a private hand in N. York. This is a description of the Genisee country, but more particularly of Mr. Morris’s purchase of Goreham Phelps, in 4to, with a map. 1 It was printed in London under the agency of W. T. Franklin to captivate purchasers. There is no name to it. Col o. Smith brought in 6 copies. If one of them can be drawn from him I should be very glad of it. Will you also be so good as to ask of him whether he can give me any information of the progress of the map of S. America, which he, at my request, put into the hands of an engraver. The French proceedings against our tob o. ships are very eccentric unwise. With respect to the former, however, which you consider as a commencement of hostilities against the Brit. Navign. Act, it is only a continuation of the decision of the council of Berni, since which the importn. of tob o. into France in any but American or French bottoms has been prohibited. The Spanish as well as English proceedings against our commerce are also serious. Nobody doubts here who is the author of Publicola, any more than of Davila. He is very indecently attacked in Brown’s Bache’s papers. From my European letters I am inclined to think peace will take place between the Porte Russia. The article which separates them is so minute that it will probably be got over, the war is so unpopular in England that the ministers will probably make that an excuse to the K. of Prussia for not going all lengths with him. His only object is Thorn Dantzic, he has secretly intimated at Petersbg, that if he could be accommodated with this he would not be tenacious against their keeping Ozakoff. This has leaked out, is working duly in Poland. I think the President will contrive to be on the road out of the reach of ceremony till after the 4th of July. Adieu, my dear sir.

Thomas Jefferson
Jefferson, Thomas
June 30, 1791
Richard Peters
Peters, Richard

TO RICHARD PETERS 1

I should sooner have answered your kind note, my dear Sir, but that I had hoped to meet you the day before yesterday, and to tell you vivâ voce that, even without that, I meant to be troublesome to you in my afternoon excursions: that being the part of the day which business and long habit have allotted to exercise with me. I shall certainly feel often enough the inducements to Belmont, among the chief of which will be your society and the desire of becoming acquainted with mrs. Peters. Call on me in your turn, whenever you come to town: and if it should be about the hour of three, I shall rejoice the more. You will find a bad dinner, a good glass of wine, and a host thankful for your favor, and desirous of encouraging repetitions of it without number, form or ceremony. When Madison returns you will often find him here without notice always with it: and if you complain again of not seeing him, it will be that the place of rendesvous does not enjoy your favour. He is at present in New York, undecided as to his next movement. Adieu.

Thomas Jefferson
Jefferson, Thomas
July 6. 1791
Philadelphia
James Madison
Madison, James

TO JAMES MADISON

j. mss.
Dear Sir,

—I have duly received your favours of June 27. July 1. The last came only this morning. I now return Col o . Smith’s map with my acknolegements for the pamphlet sight of the map.—I inclose you a 60. Dollar bill, beg the favor of you to remit 30. Dollars with the inclosed letter to Prince, also, as I see Maple sugar, grained, advertised for sale at New York in boxes of 400 lb. each, if they can be induced to sell 100 lb. only to pack send it to Richmond, I will thank you to get it done for me. The box to be directed to me ‘to the care of James Brown, Merch t . Richm d . to be forwarded to Monticello.’ You see I presume on your having got over your indisposition; if not, I beg you to let all this matter rest till you are. Col o . Harry Lee thinks of going on tomorrow, to accompany you to Portsmouth, but he was not quite decided when I saw him last. The President arrived about 10. minutes ago, but I have not yet seen him.—I received safely the packet by cap t . Sims. The Guinea corn is new to me, shall be taken care of. My African upland rice is flourishing. I inclose you a paper estimating the shares of the bank as far as was known three days before it opened. When it opened 24,600 subscriptions were offered, being 4,600 more than could be received, many persons left in the lurch, among these Rob t . Morris Fitzsimmons. They accuse the Directors of a misdeal, the former proposes to sue them, the latter to haul them up before Congress. Every 25 dollars actually deposited, sold yesterday from 40. to 50. dollars with the future rights burthens annexed to the deposit. 1 We have no authentic news from Europe since the last packet. Adieu my dear Sir, take care of yourself let me hear soon that you are quite re-established.

P. S. If you leave N. York, will you leave directions with Mr. Elsworth to forward to me the two parcels of Maple buds, that of the Birch bark respectively as they arrive. The last I think had better come by water.

Thomas Jefferson
Jefferson, Thomas
July 10. 1791
Philadelphia
James Madison
Madison, James

TO JAMES MADISON

mad. mss.
My Dear Sir,

—Your indisposition at the date of your last, and hearing nothing from you since, make me fear it has continued. The object of the present is merely to know how you do, from another hand if you are not well enough. We have little now but what you will see in the public papers—you see there the swarm of anti-publicolas. The disavowal by a Printer only does not appear to satisfy. 1 We have no news yet of the event of Scott’s expedition. The Marquis Fayette has certainly resumed his command on a ground which must strengthen him also the public cause. The subscriptions to the bank from Virginia were almost none. Pickett, McClurg, Dr. Lee are the only names I have heard mentioned. This gives so much uneasiness to Col o . H. that he thinks to propose to the President to sell some of the public shares to subscribers from Virge N. Caroline, if any more should offer. This partiality would offend the other states without pleasing those two: for I presume they would rather the capitals of their citizens should be employed in commerce than be locked up in a strong box here: nor can sober thinkers prefer a paper medium at 13 per cent interest to gold silver for nothing. Adieu my dear friend Yours affectionately,

P. S. Osgood is resigning the Postmaster’s place. I shall press Paine for it.

Thomas Jefferson
Jefferson, Thomas
July 10, 1791
Philadelphia
James Monroe
Monroe, James

TO JAMES MONROE

mon. mss.
Dear Sir,

—Your favor of June 17, has been duly received. I am endeavoring to get for you the lodgings Langdon had. But the landlord is doubtful whether he will let them at all. If he will not, I will endeavor to do the best I can. I can accommodate you myself with a stable coach house without any expense, as I happen to have two on hand; and indeed, in my new one I have had stalls enough prepared for 6 horses, which are 2 more than I keep. Of my success in procuring rooms I shall bring you news myself, tho’ as yet the time of my visit to Albemarle is unfixed. Mr. Madison will both go come with me. He is at present at New York. His journey with me to the lakes placed him in better health than I have seen him; but the late heats have brought on some bilious dispositions.

The papers which I send Mr. Randolph weekly, which I presume you see, will have shown you what a dust Paine’s pamphlet has kicked up here. My last to Mr. Randolph will have given an explanation as to myself which I had not time to give when I sent you the pamphlet. A writer under the name of Publicola, in attacking all Paine’s principles, is very desirous of involving me in the same censure with the author. I certainly merit the same, for I profess the same principles; but it is equally certain I never meant to have entered as a volunteer into the cause. My occupations do not permit it. Some persons here are insinuating that I am Brutus, that I am Agricola, that I am Philodemus, c., c. I am none of them, being decided not to write a word on the subject, unless any printed imputation should call for a printed disavowal, to which I should put my name. A Boston paper has declared that Mr. Adams “has no more concern in the publication of the writings of Publicola than the author of the Rights of man himself.” If the equivoque here were not intended, the disavowal is not entirely credited, because not from Mr. Adams himself because the stile sentiments raise so strong a presumption. Besides to produce any effect he must disavow Davila the Defence of the American constitutions. A host of writers have risen in favor of Paine prove that in this quarter at least the spirit of republicanism is sound. The contrary spirit of the high officers of the government is more understood than I expected. Colo Hamilton, avowing that he never made a secret of his principles yet taxes the imprudence of Mr. Adams in having stirred the question and agrees that “his business is done.” Jay, covering the same principles under the vail of silence, is rising steadily on the ruins of his friends. The bank filled overflowed in the moment it was opened. Instead of 20 thousand shares, 24 thousand were offered, a great many unpresented who had not suspected that so much haste was necessary. Thus it is that we shall be paying 13 per cent. per ann. for 8 millions of paper money instead of having that circulation of gold silver for nothing. Experience has proved to us that a dollar of silver disappears for every dollar of paper emitted: and for the paper emitted from the bank 7 per cent profits will be received by the subscribers for it as bank paper (according to the last division of profits by the Philadelphia bank) and 6 per cent on the public paper of which it is the representative. Nor is there any reason to believe, that either the 6 millions of public paper or the 2 millions of specie deposited will not be suffered to be withdrawn, and the paper thrown into circulation. The cash deposited by strangers for safe keeping will probably suffice for cash demands. Very few subscribers have offered from Virginia or N. Carolina, which gives uneasiness to H. It is impossible to say where the appetite for gambling will stop. The land-office, the federal town, certain schemes of manufacture, are all likely to be converted into aliment for that rage—but this subject is too copious for a letter and must be reserved for conversation.—The respite from occupation which my journey procured has entirely removed my headaches. Kiss and bless Mrs. Monroe Eliza for Dear Sir yours affectionately.

Thomas Jefferson
Jefferson, Thomas
July 17, 1791
Philadelphia
John Adams
Adams, John

TO JOHN ADAMS

j. mss.
Dear Sir,

—I have a dozen times taken up my pen to write to you as often laid it down again, suspended between opposing considerations. I determine however to write from a conviction that truth, between candid minds, can never do harm. The first of Paine’s pamphlets on the Rights of Man, which came to hand here, belonged to Mr. Beckley. He lent it to Mr. Madison who lent it to me; and while I was reading it Mr. Beckley called on me for it, , as I had not finished it, he desired me, as soon as I should have done so, to send it to Mr. Jonathan B. Smith, whose brother meant to reprint it. I finished reading it, and, as I had no acquaintance with Mr. Jonathan B. Smith, propriety required that I should explain to him why I, a stranger to him, sent him the pamphlet. I accordingly wrote a note of compliment informing him that I did it at the desire of Mr. Beckley, , to take off a little of the dryness of the note, I added that I was glad it was to be reprinted here that something was to be publicly said against the political heresies which had sprung up among us c. I thought so little of this note that I did not even keep a copy of it: nor ever heard a title more of it till, the week following, I was thunderstruck with seeing it come out at the head of the pamphlet. 1 I hoped however it would not attract notice. But I found on my return from a journey of a month that a writer came forward under the signature of Publicola, attacking not only the author principles of the pamphlet, but myself as it’s sponsor, by name. Soon after came hosts of other writers defending the pamphlet attacking you by name as the writer of Publicola. Thus were our names thrown on the public stage as public antagonists. That you I differ in our ideas of the best form of government is well known to us both: but we have differed as friends should do, respecting the purity of each other’s motives, confining our difference of opinion to private conversation. And I can declare with truth in the presence of the Almighty that nothing was further from my intention or expectation than to have either my own or your name brought before the public on this occasion. The friendship confidence which has so long existed between us required this explanation from me, I know you too well to fear any misconstruction of the motives of it. Some people here who would wish me to be, or to be thought, guilty of improprieties, have suggested that I was Agricola, that I was Brutus c., c. I never did in my life, either by myself or by any other, have a sentence of mine inserted in a newspaper without putting my name to it; I believe I never shall.

While the empress is refusing peace under a mediation unless Crakow it’s territory be ceded to her, she is offering peace on the perfect statu quo to the Porte, if they will conclude it without a mediation. France has struck a severe blow at our navigation by a difference of duty on tob o . carried in our their ships, by taking from foreign built ships the capability of naturalization. She has placed our whale oil on rather a better footing than ever by consolidating the duties into a single one of 6 livres. They amounted before to some sous over that sum. I am told (I know not how truly) that England has prohibited our spermaceti oil altogether, will prohibit our wheat till the price there is 52/ the quarter, which it almost never is. We expect hourly to hear the true event of Genl Scott’s expedition. Reports give favorable hopes of it. Be so good as to present my respectful compliments to Mrs. Adams to accept assurances of the sentiments of sincere esteem respect with which I am Dear Sir Your friend servant.

Thomas Jefferson
Jefferson, Thomas
July 24. 1791
Philadelphia
James Madison
Madison, James

TO JAMES MADISON

j. mss.
My Dear Sir,

—Yours of the 21st came to hand yesterday. I will keep my eye on the advertisements for Halifax. The time of my journey to Virginia is rendered doubtful by the uncertainty whether the President goes there or not. It is rather thought he will not. If so, I shall go later stay a shorter time. I presume I may set out about the beginning of September, shall hope your company going coming. The President is indisposed with the same blind tumour, in the same place, which he had the year before last in New York. As yet it does not promise either to suppurate or be discussed. He is obliged to lye constantly on his side, has at times a little fever. The young grandson has had a long dangerous fever. He is thought better today. No news yet from Genl. Scott, nor anything from Europe worth repeating. Several merchants from Richmond (Scotch, English c.) were here lately. I suspect it was to dabble in federal filth. Let me hear of your health. Adieu.

Thomas Jefferson
Jefferson, Thomas
July 24. 1791
Philadelphia
Edmund Pendleton
Pendleton, Edmund

TO EDMUND PENDLETON

j. mss.
Dear Sir,

—I received duly your favour of the 13th and communicated it to the President. The titles of your relation were unquestionably strong of themselves still strengthened by your recommendation. But the place was before proposed to another whose acceptance will probably fix it.

The President is indisposed with a tumour like what he had in New York the year before last. It does not as yet seem as if it would come to a head.

We are wonderfully slow in receiving news from Genl. Scott. The common accounts give reason to hope his expedition has succeeded well. You will have seen the rapidity with which the subscriptions to the bank were filled. As yet the delirium of speculation is too strong to admit sober reflection. It remains to be seen whether in a country whose capital is too small to carry on it’s own commerce, to establish manufactures, erect buildings, c., such sums should have been withdrawn from these useful pursuits to be employed in gambling? Whether it was well judged to force on the public a paper circulation of so many millions for which they will be paying about 7. per cent per ann. thereby banish as many millions of gold silver for which they would have paid no interest? I am afraid it is the intention to nourish this spirit of gambling by throwing in from time to time new aliment.

The question of war peace in Europe is still doubtful. The French revolution proceeds steadily, is I think beyond the danger of accident of every kind. The success of that will ensure the progress of liberty in Europe, and it’s preservation here. The failure of that would have been a powerful argument with those who wish to introduce a king, lords commons here, a sect which is all head and no body. Mr. Madison has had a little bilious touch at New York, from which he has recovered however. Adieu my dear Sir.

Thomas Jefferson
Jefferson, Thomas
July 27. 1791
Philadelphia
James Madison
Madison, James

TO JAMES MADISON

j. mss.
My Dear Sir,

—I inclose you the pamphlet desired in your’s of July 24. Also the one on weights measures received through you, of which having another copy, be pleased to keep it. In turning over some papers I came across my journal through France, Italy, and fancied you might be willing to acquire of that country a knowledge at second hand which you refuse to acquire at the first. It is written in the way you seemed to approve on our journey. I gave E. P.’s letter to Mr. Lear. I write to Mazzei by a vessel which sails on Monday, so shall hope to hear from you by that time. No body could know of T. C’s 1 application but himself, H., you myself. Which of the four was most likely to give it out at all, especially in such a form? Which of the four would feel an inclination to excite an opinion that you myself were hostile to everything not Southern?—The President is much better. An incision has been made, a kind suppuration is brought on. If Col o . Lee be with you present my respects to him. Adieu.

P. S. Dispatches from Genl Scott confirm the newspaper acc ts . of his success, except that he was not wounded.

Thomas Jefferson
Jefferson, Thomas
July 28. 1791
Philadelphia
William Short
Short, William

TO WILLIAM SHORT

j. mss.
Dear Sir,

— * * * Young Osmont arrived here safely, is living with Colo. Biddle in a mercantile line. He appears to be a young man of extraordinary prudence. I am endeavoring to help him in the case of his purchase of le Tonnelier, if the latter had any right to the lands he pretended to sell. Mazzei’s debt may rest between him me, I shall endeavor to arrange it here. He was certainly a good hand to employ with the Abbé Morellet, from whom I understand there is no hope, but little from Barrois who is the real debtor. Perhaps Barrois would pay me in books. 1 If he has a complete set of the Greek Byzantine historians this would balance the account. The wines from Champagne Bordeaux, dress from Houdon, press from Charpentier, reveille carriages are arrived. So is Petit. You have not informed me of the cost of the Champagne, of it’s transportation to Paris, so that my account with the President remains still open. I inclose you a bill of exchange for £131–5 sterl. drawn by John Warder of this place on John Warder co. Merch ts . of London which I have indorsed to you. Be pleased to let me know what it yields in livres, specie, at Paris, that I may credit the President accordingly. You will be so good as to place it to my credit either with yourself, or Mr. Grand or the W. Staphorsts as you think best. I have received my private account with you to Dec. 30. 1790. but as there have been subsequent transactions, I defer looking into it till I receive them. Your public account to July 1. 1790. is also received. As soon as that to July 1. 1791. comes to hand, I will take up the whole so as to make one job of it. In your’s of May 2. you speak of your house rent, expences to Amsterdam. As to the former you had better not charge it, because I think it will not be allowed, because you charge it on the ground of abandoning any claim to an Outfit. If you continue in Europe an Outfit will certainly be allowed you; if you do not, still a partial allowance may be justly claimed. In whatever form I receive your account, I will take the liberty of modelling it so as to preserve to you every interest which justice and usage will admit. With respect to the expences of your journey to from Amsterdam your stay there; it has been the usage for those residing at a court when sent on any extraordinary mission out of the country of their residence to charge their expences. In my journies to London Amsterdam I charged carriage hire, horse hire, subsistence. The latter included my tavern expences, lodging d o . servants c., the whole time, but nothing for clothes, pocket money vales c. I think you may do the same. If your account is come off before you receive this, send me immediately the necessary amendment I will insert it.—No diplomatic appointment will be made to the next session of Congress. Nothing more is known on that subject now than when I wrote you last. Your brother is expected here daily. He is well, and is making a fortune in Kentucky.—They say R. H. Lee will resign his senatorial appointment on account of his health.—The following is the translation of the cyphered passage of my letter of Jan. 24. which the mistake of 1287. for 128. 460. for 466. had confounded. ‘Humphries is gone to Lisbon, the gra de not set tled.’ It was since however settled to be Resident.—Paine’s pamphlet has been published read with general applause here. It was attacked by a writer under the name of Publicola, and defended by a host of republican volunteers. None of the defenders are known. I have desired Mr. Remsen to make up a complete collection of these pieces from Bache’s papers, the tory-paper of Fenno rarely admitting any thing which defends the present form of government in opposition to his desire of subverting it to make way for a king, lords commons. There are high names here 1 in favour of this doctrine, but these publications have drawn forth pretty generally expressions of the public sentiment on this subject, I thank God to find they are, to a man, firm as a rock in their republicanism. I much fear that the honestest man of the party will fall a victim to his imprudence on this occasion, while another of them, from the mere caution of holding his tongue buttoning himself up, will gain what the other loses.

I trouble you with the care of the inclosed letters. That to Mr. G. Morris is important, as containing a bill of exchange.

P. S. Always be so good as to remember me to enquiring friends as if I had named them. Since writing the above, Petit informs me he has been all over the town in quest of Vanilla, it is unknown here. I must pray you to send me a packet of 5a pods (batons) which may come very well in the middle of a packet of Newspapers. It costs about 24s. a baton when sold by the single baton. Petit says there is a great imposition in selling those which are bad; that Pictot generally sells good, but that still it will be safe to have them bought by some one used to them.

Thomas Jefferson
Jefferson, Thomas
July 28, 1791
Philadelphia
William Short
Short, William

TO THE U. S. CHARGÉ D’AFFAIRES IN FRANCE
(WILLIAM SHORT)

Dear Sir,

— * * * The difference of 62 # -10 the hogshead, established by the National Assembly on tobacco brought in their and our ships, is such an act of hostility against our navigation as was not to have been expected from the friendship of that Nation. It is as new in it’s nature as extravagant in its degree, since it is unexampled that any nation has endeavoured to wrest from another the carriage of it’s own produce, except in the case of their Colonies. The British navigation act, so much and so justly complained of, leaves to all nations the carriage of their own commodities free. This measure too is calculated expressly to take our own carriage from us, and give the equivalent to other nations: for it is well known that the shipping of France is not equal to the carriage of their whole commerce; but the freight in other branches of navigation being on an equal footing with only 40 # the hogshead in ours, and this new arrangement giving them 62 # .10 the hogshead in addition to their freight, that is to say, 102 # -10 instead of 40, their vessels will leave every other branch of business to fill up this. They will consequently leave a void in those other branches, which will be occupied by English, Dutch and Swedes, on the spot. They complain of our Tonnage duty; but it is because it is not understood. In the ports of France we pay fees for anchorage, buoys and beacons, fees to measurers, weighers and guagers, and in some countries for light-houses. We have thought it better that the public here should pay all these, and reimburse itself by a consolidation of them into one fee, proportioned to the tonnage of the vessel, and therefore called by that name. They complain that the foreign tonnage is higher than the domestic. If this complaint had come from the English it would not have been wonderful, because the foreign tonnage operates really as a tax on their commerce, which, under this name, is found to pay 16½ dollars for every dollar paid by France. It was not conceived that the latter would have complained of a measure calculated to operate so unequally on her rival—and I still suppose she would not complain, if the thing were well understood. The refusing to our vessels the faculty of becoming national bottoms on sale to their citizens, was never before done by any nation but England. I cannot help hoping that these were wanderings of a moment, founded in misinformation, which reflection will have corrected before you receive this.