With France, the other belligerent, whose trespasses on our commercial rights have long been the subject of our just remonstrances, the posture of our relations does not correspond with the measures taken on the part of the United States to effect a favorable change. The result of the several communications made to her Government, in pursuance of the authorities vested by Congress in the Executive, is contained in the correspondence of our minister at Paris now laid before you.
By some of the other belligerents, although professing just and amicable dispositions, injuries materially affecting our commerce have not been duly controlled or repressed. In these cases the interpositions deemed proper on our part have not been omitted. But it well deserves the consideration of the legislature how far both the safety and the honor of the American flag may be consulted, by adequate provisions against that collusive prostitution of it by individuals unworthy of the American name which has so much favored the real or pretended suspicions under which the honest commerce of their fellow-citizens has suffered.
In relation to the powers on the coast of Barbary, nothing has occurred which is not of a nature rather to inspire confidence than distrust as to the continuance of the existing amity. With our Indian neighbors, the just and benevolent system continued toward them has also preserved peace, and is more and more advancing habits favorable to their civilization and happiness.
From a statement which will be made by the Secretary of War it will be seen that the fortifications on our maritime frontier are in many of the ports completed, affording the defense which was contemplated, and that a further time will be required to render complete the works in the harbor of New York and in some other places. By the enlargement of the works and the employment of a greater number of hands at the public armories the supply of small arms of an improving quality appears to be annually increasing at a rate that, with those made on private contract, may be expected to go far toward providing for the public exigency.
The act of Congress providing for the equipment of our vessels of war having been fully carried into execution, I refer to the statement of the Secretary of the Navy for the information which may be proper on that subject. To that statement is added a view of the transfers of appropriations authorized by the act of the session preceding the last and of the grounds on which the transfers were made.
Whatever may be the course of your deliberations on the subject of our military establishments, I should fail in my duty in not recommending to your serious attention the importance of giving to our militia, the great bulwark of our security and resource of our power, an organization the best adapted to eventual situations for which the United States ought to be prepared.
The sums which had been previously accumulated in the Treasury, together with the receipts during the year ending on the 30th of September last (and amounting to more than $9,000,000), have enabled us to fulfill all our engagements and to defray the current expenses of Government without recurring to any loan. But the insecurity of our commerce and the consequent diminution of the public revenue will probably produce a deficiency in the receipts of the ensuing year, for which and for other details I refer to the statements which will be transmitted from the Treasury.
In the state which has been presented of our affairs with the great parties to a disastrous and protracted war, carried on in a mode equally injurious and unjust to the United States as a neutral nation, the wisdom of the National Legislature will be again summoned to the important decision on the alternatives before them. That these will be met in a spirit worthy the councils of a nation conscious both of its rectitude and of its rights, and careful as well of its honor as of its peace, I have an entire confidence; and that the result will be stamped by a unanimity becoming the occasion, and be supported by every portion of our citizens with a patriotism enlightened and invigorated by experience, ought as little to be doubted.
In the midst of the wrongs and vexations experienced from external causes there is much room for congratulation on the prosperity and happiness flowing from our situation at home. The blessing of health has never been more universal. The fruits of the seasons, though in particular articles and districts short of their usual redundancy, are more than sufficient for our wants and our comforts. The face of our country everywhere presents the evidence of laudable enterprise, of extensive capital, and of durable improvement. In a cultivation of the materials and the extension of useful manufactures, more especially in the general application to household fabrics, we behold a rapid diminution of our dependence on foreign supplies. Nor is it unworthy of reflection that this revolution in our pursuits and habits is in no slight degree a consequence of those impolitic and arbitrary edicts by which the contending nations, in endeavoring each of them to obstruct our trade with the other, have so far abridged our means of procuring the productions and manufactures of which our own are now taking the place.
Recollecting always that for every advantage which may contribute to distinguish our lot from that to which others are doomed by the unhappy spirit of the times we are indebted to that Divine Providence whose goodness has been so remarkably extended to this rising nation, it becomes us to cherish a devout gratitude, and to implore from the same omnipotent source a blessing on the consultations and measures about to be undertaken for the welfare of our beloved country.
The act authorizing a detachment of 100,000 men from the militia will expire on the 30th of March next. Its early revival is recommended, in order that timely steps may be taken for arrangements such as the act contemplated.
Without interfering with the modifications rendered necessary by the defects or the inefficacy of the laws restrictive of commerce and navigation, or with the policy of disallowing to foreign armed vessels the use of our waters, it falls within my duty to recommend also that, in addition to the precautionary measure authorized by that act and to the regular troops for completing the legal establishment of which enlistments are renewed, every necessary provision may be made for a volunteer force of 20,000 men, to be enlisted for a short period and held in a state of organization and readiness for actual service at the shortest warning.
I submit to the consideration to Congress, moreover, the expediency of such a classification and organization of the militia as will best insure prompt and successive aids from that source, adequate to emergencies which may call for them.
It will rest with them also to determine how far further provision may be expedient for putting into actual service, if necessary, any part of the naval armament not now employed.
At a period presenting features in the conduct of foreign powers toward the United States which impose on them the necessity of precautionary measures involving expense, it is a happy consideration that such is the solid state of the public credit that reliance may be justly placed on any legal provision that may be made for resorting to it in a convenient form and to an adequate amount.
I have rec d your favor of the 10th. Your anxiety that our Country may be kept out of the vortex of war, is honorable to your judgment as a Patriot, to your feelings as a man. The same anxiety is, I sincerely believe, felt by the great body of the nation, by its Public councils; most assuredly by the Executive Branch of them. But the question may be decided for us, by actual hostilities ag st . us or by proceedings leaving no choice but between absolute disgrace resistance by force. May not also, manifestations of patience under injuries indignities be carried so far as to invite this very dilemma?
I devoutly wish that the same disposition to cultivate peace by means of justice, which exists here, predominated elsewhere, particularly in G. B. But how can this be supposed, whilst she persists in proceedings, which comprize the essence of hostility; whilst she violates towards us rules, which she enforces ag st . us in her own favor; more particularly whilst we see her converting the late reconciliation thro one of the Ministers, into a source of fresh difficulties animosities thro another. For in this light must be viewed her disavowal of Mr. Erskine, and the impressions made thro his successor. Had the disavowal been deemed essential to her interests, a worse plaister could not have been devised for the wound necessarily inflicted here. But was the disavowal essential to her interests? was it material to them, taking for the test, her own spontaneous change of system, and her own official language? By the former I refer to her orders of April, restricting their original orders ag st neutrals, to a trade with France Holland; by the latter to the conversation of Mr. Canning with Mr. P., in which he abandons as he could not but do, two of the conditions which had been contemplated; admits that a non-intercourse law here ag st . Holland was not a sine qua non. So that the arrangement of Mr. E. was disavowed essentially for want of a pledge that our non-intercourse would be continued ag st . France her dominions. But why disavow absolutely, why at all, on this account? The law was known to be in force ag st . France at the time of the arrangement. It was morally certain that if put in force ag st F whilst she was pleading the British orders, it would not be withdrawn if she should persist in her Decrees after being deprived of this plea. And there would be no fair ground to suppose, that the condition w d . not be pledged stipulated, if required, as soon as the Requisite Authorities here should be together. The disavowal is the more extraordinary, as the arrangement was to be respected till the 20th of July, and therefore with the addition of four or five weeks only would have afforded an opportunity of knowing the sense of this Gov t ., and of supplying all that was wanted to satisfy the British Ultimatum. This course was so obvious, and that pursued so opposite, that we are compelled to look to other motives for an explanation, to include among these, a disinclination to put an end to differences from which such advantages are extracted by British Commerce British Cruisers.
Notwithstanding all these grounds of discontent discouragement, we are ready as the B. Gov t . knows, to join in any new experiment, and thro either our diplomatic channel there or hers here, for a cordial and comprehensive adjustment of matters between the two countries.
Let reparation be made for the acknowledged wrong committed in the case of the Chesapeak, a reparation so cheap to the wrong-doer, yet so material to the honor of the injured party; let the orders in Council, already repealed as to the avowed object of retaliation; be repealed also as an expedient for substituting an illicit commerce, in place of that to which neutrals have as such, an incontestable right. The way will then be open for negotiation at large; And if the B. Gov t would bring into it the same temper as she would find in us; and the same disposition to insist on nothing inconsistent with the rule of doing as she would, or rather as she will be done by, the result could not fail to be happy for both.
Permit me to remark that you are under a mistake in supposing that the Treaty concluded by Mess r . M. P. was rejected because it did not provide that free ships should make free goods. It never was required nor expected that such a stipulation should be inserted. As to deserting Seamen, you will find that G. B. practises ag st us the principles we assert ag st . her, and in fact goes further; that we have always been ready to enter into a convention on that subject founded on reciprocity; and that the documents long since in print shew, that we are willing, on the subject of impressment, to put an end to it, by an arrangement, which most certainly would be better for the British Navy, than that offensive resource; and which might be so managed as to leave both parties at liberty to retain their own ideas of right. Let me add that the acceptance of that Treaty would have very little changed the actual situation of things with G. B. The orders in Council w d . not have been prevented, but rather placed on stronger ground; the case of the Chesap ktilde e, the same as it is; so also, the case of impressments, of factitious blockades c all as at present pregnant sources of contention and ill humour.
From this view of the subject, I cannot but persuade myself that you will concur in opinion, that if unfortunately, the calamity you so benevolently dread should visit this hitherto favored Country, the fault will not lye where you would not wish it to lye.
I received some days ago a letter of the 10th instant from Doctor Logan, containing observations on the posture and prospect of our foreign relations. Before the answer was out of my hands, I received another dated four days after, in which he merely informed me that he should embark for England in about eight days, with an offer to take charge of any communications for you. As his first letter did not glance at any such intention, it must be presumed to have been very suddenly formed. And as his last is silent as to the object of the trip, this is left to conjecture. From the anxiety expressed in his first letter for the preservation of peace with England, which appeared to him to be in peculiar danger, and from his known benevolence and zeal on the subject, it may reasonably be supposed that his views relate, in some form or other, to a mitigation of the hostile tendencies which distress him; and that his silence may proceed from a wish to give no handle for animadversions of any sort on the step taken by him.
You will receive from the Secretary of State, unless, indeed, opportunity fail through the shortness of the notice, such communications and observations as may be thought useful to you. You will find that the perplexity of our situation is amply displayed by the diversity of opinions and prolixity of discussion in Congress. Few are desirous of war; and few are reconciled to submission; yet the frustration of intermediate courses seems to have left scarce an escape from that dilemma. The fate of Mr. Macon’s Bill, 1 as it is called, is not certain. It will probably pass the House of Representatives, and, for aught I know, may be concurred in by the Senate. If retaliated by G. Britain, it will operate as a non-importation act, and throw exports into the circuit of the non-intercourse act. If not retaliated, it may be felt by the British navigation, and, thro’ that interest, by the Government, since the execution of the law which relates to the ship, and not to the merchandize, cannot be evaded. With respect to the E. Indies, the proposed regulation will have the effect of compelling the admission of a direct and exclusive trade for our vessels, or a relinquishment of this market for India goods, farther than they can be smuggled into it. It just appears that a proposition has been made in the House of Representatives to employ our ships of war in convoys, and to permit merchantmen to arm. However plausible the arguments for this experiment, its tendency to hostile collisions is so evident, that I think its success improbable. As a mode of going into war, it does not seem likely to be generally approved, if war was the object. The military preparations which have been recommended, and are under consideration, are what they profess to be, measures of precaution. They are not only justified, but dictated by the uncertainty attending the course which G. Britain may take, or, rather, by the unyielding and unamicable traits in her Cabinet and her countenance. Measures of that sort are also the more adapted to our situation, as, in the event of accommodation with G. Britain, they may possibly be wanted in another quarter. The long debates on the Resolution of Mr. Giles, 1 on the subject of Mr. Jackson, have terminated in affirmative votes, by large majorities. This, with the refusal of the Executive to hold communication with him, it is supposed, will produce a crisis in the British policy towards the United States; to which the representations of the angry Minister will doubtless be calculated to give an unfavorable turn. Should this happen, our precautionary views will have been the more seasonable. It is most probable, however, that instead of expressing resentment by open war, it will appear in more extended depredations on our commerce; in declining to replace Mr. Jackson; and, perhaps, in the course observed with respect to you, in meeting which your own judgment will be the best guide. Should a change in the composition or calculations of the Cabinet give a favorable turn to its policy towards this country, it is desirable that no time may be lost in allowing it its effect. With this view, you will be reminded of the several authorities you retain to meet in negotiation, and of the instructions by which they are to be exercised; it being always understood, that with the exception of some arrangement touching the orders in Council, reparation for the insult on the Chesapeake must precede a general negotiation on the questions between the two countries. At present, nothing precise can be said as to the condition on our part for the repeal of the orders in Council; the existing authority in the Executive to pledge one being expirable with the non-intercourse act, and no other pledge being provided for. As it is our anxious desire, however, if the British Government should adopt just and conciliatory views, that nothing may be omitted that can shew our readiness to second them, you may offer a general assurance that, as in the case of the Embargo and the non-intercourse acts, any similar power with which the Executive may be clothed will be exercised in the same spirit. You will doubtless be somewhat surprised to find among the communications to Congress, and in print, too, the confidential conversations with Mr. Canning, reserved from such a use by your own request. 1 It was, in fact, impossible to resist the pointed call for them, without giving umbrage to some, and opportunity for injurious inferences to others. The difficulty was increased by the connection between those and other communications necessarily falling within the scope of the rule of compliance in such cases. Finally, there did not appear to be any thing in the conversations which could warrant British complaint of their disclosure, or widen the space between you and the British Ministry.
As it may not be amiss that you should know the sentiments which I had expressed to Doctor Logan, and which, though an answer to his letter written previous to the notification of his intended trip, he will of course carry with him, I enclose a copy of the answer.
The file of newspapers from the Department of State will give you the debates on the case of Jackson. I enclose, however, a speech I have just looked over, in a pamphlet form. Although liable to very obvious criticisms of several sorts, it has presented a better analysis of some parts of the subject than I have observed in any of the speeches.
Yours of the 16th, has been rec d . It is not improbable that there will be an early occasion to send for public purposes, a ship to G. B. France: that Norfolk will be the port of Departure. I recommend therefore that your plow be lodged there as soon as may be, with the proper instructions to your Agent. It may not be amiss to include in those a discretion to forward the plow to any other port if he sh d learn in time, that another is substituted for Norfolk. Cong s . remain in the unhinged state which has latterly marked their proceedings; with the exception only that a majority in the H. of R. have stuck together so far as to pass a Bill providing for a conditional repeal by either of the Bellig ts . of their Edicts; laying in the mean time, an addition 50 Per C t . to the present duties on imports from G. B. and France. What the Senate will do with the Bill is rendered utterly uncertain by the policy which seems to prevail in that Branch. Our last authentic information from G. B. is of the 28, Feb y , from France of the 2d of Feb y . The information in both cases, has an aspect rather promising; but far from being definite; and subsequent acc ts ., thro. the ordinary channels, do not favor a reliance on general professions or appearances. Bonaparte, seems not to have yet attended to the distinction between the external internal character of his Decrees; and to be bending his augmented faculties for annihilating British Commerce with the Cont t . with which our corrupt traders have confounded the Am n . flag. And it will be a hard matter for Wellesley, sh d . he be well disposed, to drag his Anti-American Colleagues into a change of policy; supported as they will be by the speeches and proceedings of Cong s . From those the inference will be that one party prefers submission of our trade to British regulation, and the other confesses the impossi bty of resisting it. Without a change of Ministry, of which there is some prospect, it w d . be imprudent to count on any radical change of policy. For the moment, I understand that the Merch ts will not avail themselves of the unshackled trade they have been contending for; a voluntary Embargo being produced by the certainty of a glutted Market in England, and the apprehension of Brit Blockades and French confiscations. The experiment about to be made will probably open too late the eyes of the people, to the expediency efficacy of the means which they have suffered to be taken out of the hands of the Gov t ., and to be incapacitated for future use. The Merinos are not yet heard of. Be assured of my constant aff e . respects.
You will learn from the Department of State, as you must have anticipated, our surprise that the answer of Lord Wellesley to your very just and able view of the case of Jackson corresponded so little with the impressions of that Minister manifested in your first interviews with him. The date of the answer best explains the change; as it shows that time was taken for obtaining intelligence from this Country, and adapting the policy of the answer to the position taken by the advocates of Jackson. And it must have happened that the intelligence prevailing at that date was of the sort most likely to mislead. The elections which have since taken place in the Eastern States, and which have been materially influenced by the affair of Jackson, and the spirit of party connected with it, are the strongest of proofs that the measure of the Executive coincided with the feelings of the Nation. In every point of view, the answer is unworthy of the source from which it comes.
From the manner in which the vacancy left by Jackson is provided for, it is inferred that a sacrifice is meant of the respect belonging to this Government, either to the pride of the British Government, or to the feelings of those who have taken side with it against their own. On either supposition, it is necessary to counteract the ignoble purpose. You will accordingly find that on ascertaining the substitution of a Chargé to be an intentional degradation of the diplomatic intercourse on the part of Great Britain, it is deemed proper that no higher functionary should represent the United States at London. I sincerely wish, on every account, that the views of the British Government, in this instance, may not be such as are denoted by appearances, or that, on finding the tendency of them, they may be changed. However the fact may turn out, you will, of course, not lose sight of the expediency of mingling in every step you take as much of moderation, and even of conciliation, as can be justifiable; and will, in particular, if the present despatches should find you in actual negotiation, be governed by the result of it in determining the question of your devolving your trust on a Secretary of Legation.
The act of Congress, transmitted from the Department of State, will inform you of the footing on which our relations to the belligerent powers were finally placed. The experiment now to be made, of a commerce with both, unrestricted by our laws, has resulted from causes which you will collect from the debates and from your own reflections. The new form of appeal to the policy of Great Britain and France, on the subject of the Decrees and Orders, will most engage your attention. However feeble it may appear, it is possible that one or other of those powers may allow it more effect than was produced by the overtures heretofore tried. As far as pride may have influenced the reception of these, it will be the less in the way, as the law in its present form may be regarded by each of the parties, if it so pleases, not as a coercion or a threat to itself, but a promise of attack on the other. Great Britain, indeed, may conceive that she has now a compleat interest in perpetuating the actual state of things, which gives her the full enjoyment of our trade, and enables her to cut it off with every other part of the world; at the same time that it increases the chance of such resentments in France at the inequality as may lead to hostilities with the United States. But, on the other hand, this very inequality, which France would confirm by a state of hostilities with the United States, may become a motive with her to turn the tables on G. Britain, by compelling her either to revoke her orders, or to lose the commerce of this country. An apprehension that France may take this politic course would be a rational motive with the British Government to get the start of her. Nor is this the only apprehension that merits attention. Among the inducements to the experiment of an unrestricted commerce now made, were two which contributed essentially to the majority of votes in its favor; first, a general hope, favoured by daily accounts from England, that an adjustment of differences there, and thence in France, would render the measure safe and proper; second, a willingness in not a few to teach the advocates for an open trade, under actual circumstances, the folly as well as degradation of their policy. At the next meeting of Congress, it will be found, according to present appearances, that instead of an adjustment with either of the belligerents, there is an increased obstinacy in both; and that the inconveniences of the embargo and non-intercourse have been exchanged for the greater sacrifices, as well as disgrace, resulting from a submission to the predatory systems in force. It will not be wonderful, therefore, if the passive spirit which marked the late session of Congress should at the next meeting be roused to the opposite point; more especially as the tone of the nation has never been as low as that of its Representatives, and as it is rising already under the losses sustained by our commerce in the Continental ports, and by the fall of prices in our produce at home, under a limitation of the market to G. Britain. Cotton, I perceive, is down at 10 or 11 cents in Georgia. The great mass of Tobacco is in a similar situation. And the effect must soon be general, with the exception of a few articles which do not at present glut the British demand. Whether considerations like these will make any favorable impression on the British Cabinet, you will be the first to know. Whatever confidence I may have in the justness of them, I must forget all that has past before I can indulge very favorable expectations. Every new occasion seems to countenance the belief that there lurks in the British Cabinet a hostile feeling towards this Country, which will never be eradicated during the present reign; nor overruled, whilst it exists, but by some dreadful pressure from external or internal causes.
With respect to the French Government, we are taught by experience to be equally distrustful. It will have, however, the same opportunity presented to it, with the British Government, of comparing the actual state of things with that which would be produced by a repeal of its Decrees, and it is not easy to find any plausible motive to continue the former, as preferable to the latter. A worse state of things than the actual one could not exist for France, unless her preference be for a state of war. If she be sincere, either in her late propositions relative to a chronological revocation of illegal Edicts against neutrals, or to a pledge from the United States not to submit to those of Great Britain, she ought at once to embrace the arrangement held out by Congress, the renewal of a non-intercourse with Great Britain being the very species of resistance most analogous to her professed views.
I propose to commit this to the care of Mr. Parish, who is about embarking at Philadelphia for England; and finding that I have missed a day in my computation of the opportunity, I must abruptly conclude, with assurances of my great esteem, c.
I have duly received your favor of the 13th. The general idea of disposing of the supernumerary Merino Rams for the public benefit had occurred to me. The mode you propose for the purpose seems well calculated for it. But as it will be most proper, as you suggest, to let our views be developed to the public by the execution of them, there will be time for further consideration. When the sheep came into my hands, they were so infected with the scab that I found it necessary, in order to quicken and ensure their cure, to apply the mercurial ointment. I hope they are already well. One of the ewes has just dropt a ewe lamb, which is also doing well. I expect my overseer every day to conduct them to Orange. As he will have a wagon with him, the trip, I hope, may be so managed as to avoid injury to his charge.
A former National Intelligencer will have given you our last communications from G. Britain. That of this morning exhibits our prospects on the side of France. The late confiscations by Bonaparte comprise robbery, theft, and breach of trust, and exceed in turpitude any of his enormities not wasting human blood. This scene on the continent, and the effect of English monopoly on the value of our produce, are breaking the charm attached to what is called free trade, foolishly by some, and wickedly by others. We are hourly looking for the “John Adams.” There is a possibility that the negotiations on foot at Paris may vary our prospects there. The chance would be better, perhaps, if the last act of Congress were in the hands of Armstrong; which puts our trade on the worst possible footing for France but, at the same time, puts it in the option of her to revive the non-intercourse against England. There is a possibility, also, that the views of the latter may be somewhat affected by the recent elections; it being pretty certain that the change in the tone of Wellesley from that first manifested to Pinkney was, in part, at least, produced by the intermediate intelligence from the United States, which flattered a fallacious reliance on the British party here.
I enclose an authentication of the blood of our Merinos, as translated from the Original by M r . Graham: also a state of the charges incident to their passage, c. The half falling to your share, of course, may be left for any convenient occasion of being replaced. You need not trouble yourself to remit it hither.
On the first publication of the despatches by the John Adams, 1 so strong a feeling was produced by Armstrong’s picture of the French robbery, that the attitude in which England was placed by the correspondence between P. Wellesley was overlooked. The public attention is beginning to fix itself on the proof it affords that the original sin ag st . Neutrals lies with G. B. that whilst she acknowledges it, she persists in it.
I am preparing for a departure from this place immediately after the 4 th . July. Having been deprived of the Spring visit to my Farm, I wish to commence the sooner the full recess. Be assured of my highest most affec e . esteem.
Have you rec d . a copy of Coopers (the Pen a Judge) masterly opinion 1 on the question whether the sentence of a foreign Admiralty Court in a prize Cause be conclusive evidence in a suit here between the Underwriter Insured? It is a most thorough, investigation, and irrefragable disproof of the B. Doctrine on the subject, as adopted by a decision of the Supreme Court of the U. S. If you are without a copy, I will provide forward one.
Among the papers relating to the Convention of 1787, communicated to you, that copies in your hands might double the security ag st destructive casualties, was a delineation of Hamilton’s plan of a Constitution in his writing. 2 On looking for it among the Debates c, which were returned to me, this particular paper does not appear. 3 I conclude therefore that it had not then been copied, or was at the time in some separate situation. I am very sorry to trouble you on such a subject, but being under an engagement to furnish a Copy of that project, I must ask the favor of you to see whether it be not among your papers, if so, to forward it by the mail.
I reached home on Wednesday last, and have since been somewhat indisposed. My fever has left me and if as I hope, it was the effect of fatigue only, I consider myself as again well. I am not however, without sensations which make me apprehensive that if the bile was not the sole cause, it was a partial one, that it has not yet been entirely removed. Be assured of my affectionate respects best wishes
The letter from Gov r . Holmes, 1 with that from M r . Lowry copy of the answer, which were inclosed to me, are now returned.
I think Gov r . Holmes should be encouraged in keeping a wakeful eye to occurrences appearances in W. Florida, and in transmitting information concerning them. It will be well for him also to be attentive to the means of having his militia in a state for any service that may be called for. In the event either of foreign interference with W. F. or of internal convulsions, more especially if threatening the neighboring tranquility, it will be proper to take care of the rights interests of the U. S. by every measure within the limits of the Ex. authority. Will it not be advisable to apprize Gov r . H. confidentially, of the course adopted as to W. F. and to have his co-operation in diffusing the impressions we wish to be made there?
The anecdote related by M r . L. 1 is interesting in several respects. I take it for granted that the papers to be sent him from the Dep t of State will be adapted to the unsettled state of things in Caracas; yet I do not recollect to have rec d . for signature any commission varied from the ordinary consular form. Accept my respects friendly wishes,
I return herewith the letters from Vanderhorst, Bernaben. It would have been better if Lowrey had more carefully concealed his destination. The case of the Spanish Goods landed from the French privateer, must be decided by the result of the judicial inquiry into the character of the latter. If equipped from our jurisdiction, the capture gives claim to restitution. If not so equipped, the law as it stands in relation to prize goods brought into the U. S. must decide on the course to be pursued. It would seem proper to transmit the representation of Bernaben, to the collector the District Attorney, with a request to the latter to do what may be right in the cases.
I find by a letter from the Secretary of the Navy, that another insult to our national Flag, has been offered by a British Commander. I have desired him to communicate to you the circumstances of the case; on which you will please to found whatever instructions to M r . Pinkney, they may render proper.
Accept my respects best wishes.
Previous to my return to his City, I received a letter from Mrs. Adams, your highly respectable mother, communicating your anxiety to leave a situation 1 rendered insupportable by the ruinous expences found to be inseparable from it, and taking it for granted that you had written or would write to the Secretary of State to the same effect. The answer to her was, that as it was not the intention of the Executive to expose you to unreasonable sacrifices, it could not withhold a permission to retire from them, and that you would be so informed from the Department of State. You will accordingly receive a letter of leave, and a blank Commission, providing for the care of our affairs, till a successor may be appointed. As no communication of your wishes, however, has yet been received from yourself, I cannot but hope, that the peculiar urgency manifested in the letter of Mrs. Adams was rather hers, than yours; or that you have found the means of reconciling yourself to a continuance in your station. Besides that confidence in the value of your services which led to the call upon them, there are considerations which you will readily appreciate, bearing against a sudden return, from a short mission; the occasion for which has been made the subject of so much lucubration. Among them, is the difficulty of shielding the step against unfavorable conjectures as to its cause in the mind of the Emperor; and the evil might become the greater, from the possibility of a protracted intermission, if not entire discontinuance, of a representation of the U. S. at S t Petersburg, corresponding with the grade of the Russian Minister here. It will for this reason, be particularly expedient, in case you should make immediate use of the document sent you, to spare no pains, in guarding against a misconstruction of your departure, and in preparing the Russian Government for a delay in filling the vacancy; which may be unavoidable, notwithstanding the purpose of preventing it. As far as assurances of unabated friendship here, can be of aid to you, they may be given with every emphasis which the sincerity of these sentiments can warrant.
I will add that whilst I do not disguise my wish that the continuance of your valuable services, may be found not inconsistent with your other and undeniable duties; I cannot, on the other hand, wish that the latter should be sacrificed, beyond a reasonable measure; and within that measure, I am entirely persuaded that your patriotism will cheerfully make the sacrifice.
Accept my sincere respects and friendly wishes
I have rec d . your favor of the 15th. All we know of the step taken by France towards a reconciliation with us, is thro the English papers sent by Mr. Pinkney, who had not himself rec d any information on the subject from Gen l A. nor held any conversation with the B. Ministry on it, at the date of his last letters. We hope from the step, the advantage at least of having but one contest on our hands at a time. If G. B. repeals her orders, without discontinuing her mock-blockades, we shall be at issue with her on ground strong in law, in the opinion of the world, and even in her own concessions. And I do not believe that Cong s . will be disposed, or permitted by the Nation, to a tame submission; the less so as it would be not only perfidious to the other belligerent, but irreconcilable with an honorable neutrality. The Crisis in W. Florida, as you will see, has come home to our feelings and our interests. It presents at the same time serious questions, as to the Authority of the Executive, and the adequacy of the existing laws of the U. S. for territorial administration. And the near approach of Cong s might subject any intermediate interposition of the Ex. to the charge of being premature disrespectful, if not of being illegal. Still there is great weight in the considerations, that the Country to the Perdido, being our own, may be fairly taken possession of, if it can be done without violence, above all if there be danger of its passing into the hands of a third dangerous party. The successful party at Baton Rouge have not yet made any communication or invitation to this Gov t . They certainly will call in either our Aid or that of G. B., whose conduct at the Caraccas gives notice of her propensity to fish in troubled waters. From present appearances, our occupancy of W. F. would be resented by Spain, by England, by France, and bring on not a triangular, but quadrangular contest. The Vacancy in the Judiciary is not without a puzzle in supplying it. Lincoln, 1 obviously, is the first presented to our choice, but I believe he will he inflexible in declining it. Granger is working hard for it. His talents are as you state, a strong recommendation; but it is unfortunate that the only legal evidence of them known to the public displays his Yazooism; and on this as well as some other acc ts the more particularly offensive to the Southern half of the Nation. His bodily infirmity with its effect on his mental stability is an unfavorable circumstance also. On the other hand, it may be difficult to find a successor free from objections, of equal force. Neither Morton, nor Bacon, nor Story have yet been brought forward, And I believe Blake will not be a candidate. I have never lost sight of Mr. Jefferson of Richmond. Lee I presume returns Bourdeaux. Jarvis is making a visit to the U. S. but apparently with an intention to return to Lisbon. All the other consulships worthy of him are held by persons who manifest no disposition to part with their berths. My overseer G. Gooch is just setting out with the Algerine Rams, Two of them, I have directed him to forward to Monticello. I beg you to accept whichever of them you may prefer, and let Capt: Isaac Coles have the other. Of the 8 sent from Algiers, one was slaughtered on the passage, and a Wether substituted. Another was not of the large tail family; but a very large handsome sheep with 4 horns. His fleece is heavy, but like the others coarse. I send him to Virg a . with the others, tho’ at a loss what to have done with him there. Two of the large tails I have disposed of here, one to Claiborne for the benefit of the Orleans meat Market. I send also by this opp y . six Marino Ewes, two of them rec d . from Jarvis, the rest purchased here out of his late shipment. I have purchased also the Ewe lamb, which had been destined for Hooe of Alexand a . Finding that the arrangements necessary for the original pair, would provide for a small flock, I have been tempted to make this addition to them, as a fund of pure Marino blood, worth attending to. The Ewes will stand me in at $175 a piece.
Accept my affectionate respects
Whereas the territory south of the Mississippi Territory and eastward of the river Mississippi, and extending to the river Perdido, 1 of which possession was not delivered to the United States in pursuance of the treaty concluded at Paris on the 30th April, 1803, has at all times, as is well known, been considered and claimed by them as being within the colony of Louisiana conveyed by the said treaty in the same extent that it had in the hands of Spain and that it had when France originally possessed it; and
Whereas the acquiescence of the United States in the temporary continuance of the said territory under the Spanish authority was not the result of any distrust of their title, as has been particularly evinced by the general tenor of their laws and by the distinction made in the application of those laws between that territory and foreign countries, but was occasioned by their conciliatory views and by a confidence in the justice of their cause and in the success of candid discussion and amicable negotiation with a just and friendly power; and
Whereas a satisfactory adjustment, too long delayed, without the fault of the United States, has for some time been entirely suspended by events over which they had no control; and
Whereas a crisis has at length arrived subversive of the order of things under the Spanish authorities, whereby a failure of the United States to take the said territory into its possession may lead to events ultimately contravening the views of both parties, whilst in the meantime the tranquility and security of our adjoining territories are endangered and new facilities given to violations of our revenue and commercial laws and of those prohibiting the introduction of slaves;
Considering, moreover, that under these peculiar and imperative circumstances a forbearance on the part of the United States to occupy the territory in question, and thereby guard against the confusions and contingencies which threaten it, might be construed into a dereliction of their title or an insensibility to the importance of the stake; considering that in the hands of the United States it will not cease to be a subject of fair and friendly negotiation and adjustment; considering, finally, that the acts of Congress, though contemplating a present possession by a foreign authority, have contemplated also an eventual possession of the said territory by the United States, and are accordingly so framed as in that case to extend in their operation to the same:
Now be it known that I, James Madison, President of the United States of America, in pursuance of these weighty and urgent considerations, have deemed it right and requisite that possession should be taken of the said territory in the name and behalf of the United States. William C. C. Claiborne, governor of the Orleans Territory, of which the said Territory is to be taken as part, will accordingly proceed to execute the same and to exercise over the said Territory the authorities and functions legally appertaining to his office; and the good people inhabiting the same are invited and enjoined to pay due respect to him in that character, to be obedient to the laws, to maintain order, to cherish harmony, and in every manner to conduct themselves as peaceable citizens, under full assurance that they will be protected in the enjoyment of their liberty, property, and religion.
In testimony c.,
(Private.)
. . . . . . .
You will learn from the Dept. of State that altho’ no direct authentication of the repeal of the F. decrees has been rec d . from you, a proclamation issues 1 on the ground furnished by your correspondence with M r . Pinkney. It is to be hoped that France will do what she is understood to be pledged for, in a measure that will produce no jealousy or embarrassment here. We hope in particular that the sequestred property will have been restored; without which the Ex. may be charged w th . violating their own instructions to you on that point. Whether that instruction was not itself a departure from the law, must not have been set aside in case the repeal of the decrees had arrived, with a knowledge that F. had made no satisfactory provision as to sequestrations, are questions which it w d . be well to have no occasion to decide. The course which G. B. will take, is left by Wellesley’s pledge, a matter of conjecture. It is not improbable that the orders in C. will be revoked the sham blockade be so managed if possible, as to irritate France ag st . our non-resistance, without irritating this Country to the resisting point. It seems on the whole that we shall be at issue with G. B. on the ground of such blockades, and it is for us, a strong ground.
You will see also the step that has been produced by the posture of things in W. Florida. If France is wise she will neither dislike it herself, nor promote resentment of it in any other quarter. She ought in fact, if guided by prudence good information, to patronize at once, a general separation of S. America from Old Spain. This event is already decided, and the sole question with F. is whether it is to take place under her auspices, or those of G. B. The latter, whether with or without the privity of the expiring authority at Cadiz, is taking her measures with reference to that event; and in the mean time, is extorting commercial privileges as to the recompense of her interposition. In this particular her avarice is defeating her interest. For it not only invites F. to outbid her; but throws in seeds of discord which will take effect, the moment peace or safety is felt by the party of whom the advantage is taken. The contrary policy of the old Fr. Gov t . in its commercial Treaty with the U. S. at the epoch of their Independence, was founded in a far better knowledge of human nature, and of the permanent interest of its nation. It merits the consideration of France also, that in proportion as she discourages, in any way, a free intercourse of the U. S. with their revolutionary neighbours, she favors the exclusive commerce of her rival with them; as she has hitherto favor’d it with Europe, by her decrees ag st . our intercourse with it. As she seems to be recovering from the one folly, it may be hoped she will not fall into the other.
The ship sent on this occasion will afford you your family good accommodations, if you should be decided ag st . prolonging your important services at Paris, and a Winter passage should not be an insuperable objection.
Accept dear Sir assurances of my great esteem and most friendly wishes.
Your letter of August 13 [14] was duly received. Its observations on the letter and conduct of Lord Wellesley are an interesting comment on both. The light in which the letter was seen by many in this Country was doubtless such as gave to its features an exaggerated deformity. But it was the natural effect of its contrast to the general expectation founded on the tenor of your private letter to Mr. Smith, and on the circumstances, which, in the case of Jackson, seemed to preclude the least delay in repairing the insults committed by him. It is true, also, that the letter, when viewed in its most favorable light, is an unworthy attempt to spare a false pride on one side at the expence of just feelings on the other, and is in every respect infinitely below the elevation of character assumed by the British Government, and even to that ascribed to Lord Wellesley. It betrays the consciousness of a debt, with a wish to discharge it in false coin. Had the letter been of earlier date, and accompanied by the prompt appointment of a successor to Jackson, its aspect would have been much softened. But every thing was rendered as offensive as possible by evasions and delays, which admit no explanation without supposing a double game, by which they were to cheat us into a reliance on fair promises, whilst they were playing into the hands of partizans here, who were turning the delays into a triumph over their own Government. This consideration had its weight in the decision last communicated, with respect to your continuance at London, or return to the United States.
The personal sensibilities which your letter expresses are far greater than I can have merited by manifestations of esteem and confidence which it would have been unjust to withhold. As a proof of your partiality, they ought not, on that account, to excite less of a return. As little ought your readiness to retire from your station, from the honorable motives which govern you, to be viewed in any other light than as a proof of the value which attaches itself to your qualifications and services. It is not to be denied that a good deal of dissatisfaction has issued through the press against some of your intercourse with the British Government. But this could have the less influence on the Executive mind, as the dissatisfaction, where not the mere indulgence of habitual censure, is evidently the result of an honest misconstruction of some things, and an ignorance of others, neither of which can be lasting. I have little doubt that if your sentiments and conduct could be seen through media not before the public, a very different note would have been heard; and as little, that the exhibitions likely to grow out of the questions and discussions in which you are at present engaged will more than restore the ground taken from you.
The sole question on which your return depends, therefore, is whether the conduct of the Government where you are may not render your longer stay incompatible with the honor of the United States. The last letter of the Secretary of State has so placed the subject for your determination, in which the fullest confidence is felt. Waiving other depending subjects, not of recent date, a review of the course pursued in relation to Jackson and a successor excites a mixture of indignation and contempt, which ought not to be more lightly expressed than by your immediately substituting a Secretary of Legation for the grade you hold; unless the step be absolutely forbidden by the weighty consideration which has been stated to you, and which coincides with the sound policy to which you allude, of putting an adversary compleatly in the wrong. The prevailing opinion here is, that this has been already abundantly done.
Besides the public irritation produced by the persevering insolence of Jackson in his long stay, and his conduct during it, there has been a constant heart-burning on the subject of the Chesapeake, and a deep and settled indignation on the score of impressments, which can never be extinguished without a liberal atonement for the former, and a systematic amendment of the latter.
You have been already informed that the Proclamation would issue giving effect to the late act of Congress, on the ground of the Duke de Cadore’s letter to Gen l Armstrong, which states an actual repeal of the French Decrees. The letter of W. to you is a promise only, and that in a very questionable shape; the more so, as G. Britain is known to have founded her retaliating pretensions on the unprecedented mode of warfare against her; evidently meaning the exclusion of her trade from the Continent. Even the blockade of May, 1806, rests on the same foundation. These considerations, with the obnoxious exercise of her sham blockades in the moment of our call for their repeal, backed by the example of France, discourage the hope that she contemplates a reconciliation with us. I sincerely wish your next communications may furnish evidence of a more favorable disposition.
It will not escape your notice, and is not undeserving that of the British Government, that the non-intercourse, as now to be revived, will have the effect of giving a monopoly of our exportations to G. Britain to our own vessels, in exclusion of hers; whereas, in its old form, G. Britain obtained a substantial monopoly for hers through the entrepots of N. Scotia, E. Florida, c. She cannot, therefore, deprive our vessels, which may now carry our exports directly to G. Britain, of this monopoly, without refusing the exports altogether, or forcing them into difficult and expensive channels, with the prospect of a counteracting interposition of Congress, should the latter experiment be resorted to. Nothing would be necessary to defeat this experiment but to prohibit, as was heretofore contemplated, the export of our productions to the neighboring ports belonging to Great Britain or her friends.
The course adopted here towards West Florida will be made known by the Secretary of State. The occupancy of the Territory as far as the Perdido was called for by the crisis there, and is understood to be within the authority of the Executive. East Florida, also, is of great importance to the United States, and it is not probable that Congress will let it pass into any new hands. It is to be hoped G. Britain will not entangle herself with us by seizing it, either with or without the privity of her allies in Cadiz. The position of Cuba gives the United States so deep an interest in the destiny, even, of that Island, that although they might be an inactive, they could not be a satisfied spectator at its falling under any European Government, which might make a fulcrum of that position against the commerce and security of the United States. With respect to Spanish America generally, you will find that G. Britain is engaged in the most eager, and, if without the concurrence of the Spanish authority at Cadiz, the most reproachful grasp of political influence and commercial preference. In turning a provident attention to the new world, as she loses ground in the old, her wisdom is to be commended, if regulated by justice and good faith; nor is her pursuit of commercial preferences, if not seconded by insidious and slanderous means against our competitions, as are said to be employed, to be tested by any other standard than her own interest. A sound judgment of this does not seem to have been consulted in the specimen given in the Treaty at Caraccas, by which a preference in trade over all other nations is extorted from the temporary fears and necessities of the Revolutionary Spaniards. The policy of the French Government at the epoch of our Independence, in renouncing every stipulation against the equal privileges of all other nations in our trade, was dictated by a much better knowledge of human nature, and of the stable interest of France.
The elections for the next Congress are nearly over. The result is another warning against a reliance on the strength of a British Party, if the British Government be still under a delusion on that subject. Should France effectually adhere to the ground of a just and conciliatory policy, and G. Britain bring the United States to issue on her paper blockades; so strong is this ground in right of opinion here, and even in the commitment of all the great leaders of her party here, that G. Britain will scarce have an advocate left.
The embarrassments which have prevailed in our foreign relations, and so much employed the deliberations of Congress, make it a primary duty in meeting you to communicate whatever may have occurred in that branch of our national affairs.
The act of the last session of Congress concerning the commercial intercourse between the United States and Great Britain and France and their dependencies having invited in a new form a termination of their edicts against our neutral commerce, copies of the act were immediately forwarded to our ministers at London and Paris, with a view that its object might be within the early attention of the French and British Governments.
By the communication received through our minister at Paris it appeared that a knowledge of the act by the French Government was followed by a declaration that the Berlin and Milan decrees were revoked, and would cease to have effect on the 1st day of November ensuing. These being the only known edicts of France within the description of the act, and the revocation of them being such that they ceased at that date to violate our neutral commerce, the fact, as prescribed by law, was announced by a proclamation bearing date the 2d day of November.
It would have well accorded with the conciliatory views indicated by this proceeding on the part of France to have extended them to all the grounds of just complaint which now remain unadjusted with the United States. It was particularly anticipated that, as a further evidence of just dispositions toward them, restoration would have been immediately made of the property of our citizens seized under a misapplication of the principle of reprisals combined with a misconstruction of a law of the United States. This expectation has not been fulfilled.
From the British Government no communication on the subject of the act has been received. To a communication from our minister at London of a revocation by the French Government of its Berlin and Milan decrees it was answered that the British system would be relinquished as soon as the repeal of the French decrees should have actually taken effect and the commerce of neutral nations have been restored to the condition in which it stood previously to the promulgation of those decrees. This pledge, although it does not necessarily import, does not exclude the intention of relinquishing, along with the orders in council, the practice of those novel blockades which have a like effect of interrupting our neutral commerce, and this further justice to the United States is the rather to be looked for, inasmuch as the blockades in question, being not more contrary to the established law of nations than inconsistent with the rules of blockade formally recognized by Great Britain herself, could have no alleged basis other than the plea of retaliation alleged as the basis of the orders in council. Under the modification of the original orders of November, 1807, into the orders of April, 1809, there is, indeed, scarcely a nominal distinction between the orders and the blockades. One of those illegitimate blockades, bearing date in May, 1806, having been expressly avowed to be still unrescinded, and to be in effect comprehended in the orders in council, was too distinctly brought within the purview of the act of Congress not to be comprehended in the explanation of the requisites to a compliance with it. The British Government was accordingly apprised by our minister near it that such was the light in which the subject was to be regarded.
On the other important subjects depending between the United States and that Government no progress has been made from which an early and satisfactory result can be relied on.
In this new posture of our relations with those powers the consideration of Congress will be properly turned to a removal of doubts which may occur in the exposition, and of difficulties in the execution, of the act above cited.
The commerce of the United States with the north of Europe, heretofore much vexed by licentious cruisers, particularly under the Danish flag, has latterly been visited with fresh and extensive depredations. The measures pursued in behalf of our injured citizens not having obtained justice for them, a further and more formal interposition with the Danish Government is contemplated. The principles which have been maintained by that Government in relation to neutral commerce, and the friendly professions of His Danish Majesty toward the United States, are valuable pledges in favor of a successful issue.
Among the events growing out of the state of the Spanish Monarchy, our attention was imperiously attracted to the change developing itself in that portion of West Florida which, though of right appertaining to the United States, had remained in the possession of Spain awaiting the result of negotiations for its actual delivery to them. The Spanish authority was subverted and a situation produced exposing the country to ulterior events which might essentially affect the rights and welfare of the Union. In such a conjuncture I did not delay the interposition required for the occupancy of the territory west of the river Perdido, to which the title of the United States extends, and to which the laws provided for the Territory of Orleans are applicable. With this view, the proclamation of which a copy is laid before you was confided to the governor of that Territory to be carried into effect. The legality and necessity of the course pursued assure me of the favorable light in which it will present itself to the Legislature, and of the promptitude with which they will supply whatever provisions may be due to the essential rights and equitable interests of the people thus brought into the bosom of the American family.
Our amity with the powers of Barbary, with the exception of a recent occurrence at Tunis, of which an explanation is just received, appears to have been uninterrupted and to have become more firmly established.
With the Indian tribes also the peace and friendship of the United States are found to be so eligible that the general disposition to preserve both continues to gain strength.
I feel particular satisfaction in remarking that an interior view of our country presents us with grateful proofs of its substantial and increasing prosperity. To a thriving agriculture and the improvements related to it is added a highly interesting extension of useful manufactures, the combined product of professional occupations and of household industry. Such indeed is the experience of economy as well as of policy in these substitutes for supplies heretofore obtained by foreign commerce that in a national view the change is justly regarded as of itself more than a recompense for those privations and losses resulting from foreign injustice which furnished the general impulse required for its accomplishment. How far it may be expedient to guard the infancy of this improvement in the distribution of labor by regulations of the commercial tariff is a subject which can not fail to suggest itself to your patriotic reflections.
It will rest with the consideration of Congress also whether a provident as well as fair encouragement would not be given to our navigation by such regulations as would place it on a level of competition with foreign vessels, particularly in transporting the important and bulky productions of our own soil. The failure of equality and reciprocity in the existing regulations on this subject operates in our ports as a premium to foreign competitors, and the inconvenience must increase as these may be multiplied under more favorable circumstances by the more than countervailing encouragements now given them by the laws of their respective countries.
Whilst it is universally admitted that a well-instructed people alone can be permanently a free people, and whilst it is evident that the means of diffusing and improving useful knowledge form so small a proportion of the expenditures for national purposes, I can not presume it to be unseasonable to invite your attention to the advantages of superadding to the means of education provided by the several States a seminary of learning instituted by the National Legislature within the limits of their exclusive jurisdiction, the expense of which might be defrayed or reimbursed out of the vacant grounds which have accrued to the nation within those limits.
Such an institution, though local in its legal character, would be universal in its beneficial effects. By enlightening the opinions, by expanding the patriotism, and by assimilating the principles, the sentiments, and the manners of those who might resort to this temple of science, to be redistributed in due time through every part of the community, sources of jealousy and prejudice would be diminished, the features of national character would be multiplied, and greater extent given to social harmony. But, above all, a well-constituted seminary in the center of the nation is recommended by the consideration that the additional instruction emanating from it would contribute not less to strengthen the foundations than to adorn the structure of our free and happy system of government.
Among the commercial abuses still committed under the American flag, and leaving in force my former reference to that subject, it appears that American citizens are instrumental in carrying on a traffic in enslaved Africans, equally in violation of the laws of humanity and in defiance to those of their own country. The same just and benevolent motives which produced the interdiction in force against this criminal conduct will doubtless be felt by Congress in devising further means of suppressing the evil.
In the midst of uncertainties necessarily connected with the great interests of the United States, prudence requires a continuance of our defensive and precautionary arrangement. The Secretary of War and Secretary of the Navy will submit the statements and estimates which may aid Congress in their ensuing provisions for the land and naval forces. The statements of the latter will include a view of the transfers of appropriations in the naval expenditures and the grounds on which they were made.
The fortifications for the defense of our maritime frontier have been prosecuted according to the plan laid down in 1808. The works, with some exceptions, are completed and furnished with ordnance. Those for the security of the city of New York, though far advanced toward completion, will require a further time and appropriation. This is the case with a few others, either not completed or in need of repairs.
The improvements in quality and quantity made in the manufacture of cannon and small arms, both at the public armories and private factories, warrant additional confidence in the competency of these resources for supplying the public exigencies.
These preparations for arming the militia having thus far provided for one of the objects contemplated by the power vested in Congress with respect to that great bulwark of the public safety, it is for their consideration whether further provisions are not requisite for the other contemplated objects of organization and discipline. To give to this great mass of physical and moral force the efficiency which it merits, and is capable of receiving, it is indispensable that they should be instructed and practiced in the rules by which they are to be governed. Toward an accomplishment of this important work I recommend for the consideration of Congress the expediency of instituting a system which shall in the first instance call into the field at the public expense and for a given time certain portions of the commissioned and non-commissioned officers. The instruction and discipline thus acquired would gradually diffuse through the entire body of the militia that practical knowledge and promptitude for active service which are the great ends to be pursued. Experience has left no doubt either of the necessity or of the efficacy of competent military skill in those portions of an army in fitting it for the final duties which it may have to perform.
The Corps of Engineers, with the Military Academy, are entitled to the early attention of Congress. The buildings at the seat fixed by law for the present Academy are so far in decay as not to afford the necessary accommodation. But a revision of the law is recommended, principally with a view to a more enlarged cultivation and diffusion of the advantages of such institutions, by providing professorships for all the necessary branches of military instruction, and by the establishment of an additional academy at the seat of Government or elsewhere. The means by which war, as well for defense as for offense, are now carried on render these schools of the more scientific operations an indispensable part of every adequate system. Even among nations whose large standing armies and frequent wars afford every other opportunity of instruction these establishments are found to be indispensable for the due attainment of the branches of military science which require a regular course of study and experiment. In a government happily without the other opportunities seminaries where the elementary principles of the art of war can be taught without actual war, and without the expense of extensive and standing armies, have the precious advantage of uniting an essential preparation against external danger with a scrupulous regard to internal safety. In no other way, probably, can a provision of equal efficacy for the public defence be made at so little expense or more consistently with the public liberty.
The receipts into the Treasury during the year ending on the 30th of September last (and amounting to more than $8,500,000) have exceeded the current expenses of the Government, including the interest on the public debt. For the purpose of reimbursing at the end of the year $3,750,000 of the principal, a loan, as authorized by law, had been negotiated to that amount, but has since been reduced to $2,750,000, the reduction being permitted by the state of the Treasury, in which there will be a balance remaining at the end of the year estimated at $2,000,000. For the probable receipts of the next year and other details I refer to statements which will be transmitted from the Treasury, and which will enable you to judge what further provisions may be necessary for the ensuing years.
Reserving for future occasions in the course of the session whatever other communications may claim your attention, I close the present by expressing my reliance, under the blessing of Divine Providence, on the judgment and patriotism which will guide your measures at a period particularly calling for united councils and inflexible exertions for the welfare of our country, and by assuring you of the fidelity and alacrity with which my co-operation will be afforded.
I communicate to Congress, in confidence, a letter of the 2d of December from Governor Folch, of West Florida, to the Secretary of State, and another of the same date from the same to John McKee.
I communicate in like manner a letter from the British chargé d’affaires to the Secretary of State, with the answer of the latter. Although the letter can not have been written in consequence of any instruction from the British Government founded on the late order for taking possession of the portion of West Florida well known to be claimed by the United States; although no communication has ever been made by that Government to this of any stipulation with Spain contemplating an interposition which might so materially affect the United States, and although no call can have been made by Spain in the present instance for the fulfillment of any such subsisting engagement, yet the spirit and scope of the document, with the accredited source from which it proceeds, required that it should not be withheld from the consideration of Congress.
Taking into view the tenor of these several communications, the posture of things with which they are connected, the intimate relation of the country adjoining the United States eastward of the river Perdido to their security and tranquillity, and the peculiar interest they otherwise have in its destiny, I recommend to the consideration of Congress the seasonableness of a declaration that the United States could not see without serious inquietude any part of a neighboring territory in which they have in different respects so deep and so just a concern pass from the hands of Spain into those of any other foreign power.
I recommend to their consideration also the expediency of authorizing the Executive to take temporary possession of any part or parts of the said Territory, in pursuance of arrangements which may be desired by the Spanish authorities, and for making provision for the government of the same during such possession.
The wisdom of Congress will at the same time determine how far it may be expedient to provide for the event of a subversion of the Spanish authorities within the Territory in question, and an apprehended occupancy thereof by any other foreign power.
Having examined and considered the bill entitled “An Act incorporating the Protestant Episcopal Church in the town of Alexandria, in the District of Columbia,” I now return the bill to the House of Representatives, in which it originated, with the following objections:
Because the bill exceeds the rightful authority to which governments are limited by the essential distinction between civil and religious functions, and violates in particular the article of the Constitution of the United States which declares that “Congress shall make no law respecting a religious establishment.” The bill enacts into and establishes by law sundry rules and proceedings relative purely to the organization and polity of the church incorporated, and comprehending even the election and removal of the minister of the same, so that no change could be made therein by the particular society or by the general church of which it is a member, and whose authority it recognizes. This particular church, therefore, would so far be a religious establishment by law, a legal force and sanction being given to certain articles in its constitution and administration. Nor can it be considered that the articles thus established are to be taken as the descriptive criteria only of the corporate identity of the society, inasmuch as this identity must depend on other characteristics, as the regulations established are generally unessential and alterable according to the principles and canons by which churches of that denomination govern themselves, and as the injunctions and prohibitions contained in the regulations would be enforced by the penal consequences applicable to a violation of them according to the local law.
Because the bill vests in the said incorporated church an authority to provide for the support of the poor and the education of poor children of the same, an authority which, being altogether superfluous if the provision is to be the result of pious charity, would be a precedent for giving to religious societies as such a legal agency in carrying into effect a public and civil duty.
Having examined and considered the bill entitled “An act for the relief of Richard Tervin, William Coleman, Edwin Lewis, Samuel Mims, Joseph Wilson, and the Baptist Church at Salem Meeting House, in the Mississippi Territory,” I now return the same to the House of Representatives, in which it originated, with the following objection:
Because the bill in reserving a certain parcel of land of the United States for the use of said Baptist Church comprises a principle and precedent for the appropriation of funds of the United States for the use and support of religious societies, contrary to the article of the Constitution which declares that “Congress shall make no law respecting a religious establishment.”
I have rec d . yours inclosing two letters improperly addressed to you.
A sketch, in manuscript was brought by yesterday’s mail from N. York, saying that a vessel just arrived, stated that the Prince Regent had appointed his Cabinet; that Lord Holland was prime Minister, Grenville Secretary of State, Moira Commander in Chief c, and that a new Parliament was to be called. Whether these details be correct or not, it is highly probable that some material change in the general policy of the Government, in relation to this Country as well as in other respects, will result from the change of the men in power. Nor is it improbable that a repeal of the Orders in Council will be accompanied by a removal in some form or other, of the other condition required by the Act of May last. Still the attachment to maritime usurpations on public law, and the jealousy of our growing commerce, are sources from which serious difficulties must continue to flow, unless controuled by the distress of the Nation, or by a magnanimity not to be expected even from the personification of Fox in Lord Holland. Grenville is known to be very high in his notions of British rights on the Ocean; but he has never contended for more, on the subject of blockades than that cruising squadrons, creating a manifest danger in entering particular ports, was equivalent to a stationary force, having the same effect. His principle however tho’ construable into an important restriction of that modern practice, may be expanded so as to cover this abuse. It is, as you remark difficult to understand the meaning of Bonaparte towards us. There is little doubt, that his want of money, and his ignorance of commerce have had a material influence. He has also distrusted the stability efficacy of our pledge to renew the non-intercourse ag st . G. B. and has wished to execute his in a manner that would keep pace only with the execution of ours; and at the same time leave no interval for the operation of the British orders, without a counter operation in either his or our measures. In all this, his folly is obvious. Distrust on one side produces authorizes it on the other; and must defeat every arrangement between parties at a distance from each other or which is to have a future or a continued execution. On the whole our prospects are far from being very flattering; yet a better chance seems to exist than, with the exception of the adjustment with Erskine, has presented itself, for closing the scene of rivalship in plundering insulting us, turning it into a competition for our commerce friendship.
In the midst of other perplexities, foreign internal. a source has been opened very near me, and where co-operation ag st . them was to have been rightfully expected, from personal obligations, as well as public duty. I find also that the appointment of Warden 1 is to draw forth the keenest resentments of Armstrong. I have no doubt however that the ground on which we stand is sufficiently firm to support us with the Nation, ag st individual efforts of any sort, or from any quarter.
Be assured always of my highest esteem and sincerest attachment.
I have the pleasure this moment of receiving yours of the 29th. 1 I am particularly glad to find that you will be able to set out at so early a day for Washington. To the advantage of preventing an inconvenient chasm in the public business, will be added the opportunity of a provident attention to the accomodations required by your establishment here. The House occupied by Mr. Smith is the best in the place, and I believe is not yet out of reach. He means also to dispose of certain portions of his furniture which might suit your purpose. These considerations taken together recommend strongly that you should not wait for the receipt of your commission, but consider what has passed between us, as sufficient ground for a communication to the council. The actual receipt of the commission cannot be a necessary preliminary. As well as I recollect I did not receive mine, as Secretary of State till it was handed to me on the spot, by Mr. Jefferson. In case of appointments at a great distance, it might be extremely inconvenient for any other course to be observed. It is the more desireable that you should not wait for your commission, as I find that it will be tuesday morning before its date will be consistent with the understanding arrangement here, that your arrival would of consequence be thrown forward till the beginning of the next week. I might indeed, as the law authorizes, provide an interim Functionary, for the current business requiring his signature, not admitting delay; but there are objections to this resort where it can be avoided. I hope therefore you will find no difficulty in the mode of anticipation recommended; the more especially as your communication to the council may be delayed till tuesday morning the time proposed for your setting out, and at which time your commission will have been formally consummated, ready to be delivered.
Accept assurances of my sincere esteem friendship
Having seen in the Aurora of the 5th inst. [April, 1811], since copied into other Gazettes, an explanation which the Editor says he was authorized to make “of the rupture which has taken place between Mr. Madison, and Mr. R. Smith” I have thought it proper, whilst the circumstances are fresh in remembrance, to preserve them in the following memorandum:
On the — day of March Mr. S. called on me, as was common, on some point of official business. In the conversation, he alluded to the account in the Newspapers of the dismission of Mr. Pickering by Mr. Adams, as just published for the first time by the former. Altho’ the manner of Mr. S. did not denote any purpose beyond the ordinary conversation incident to such a topic, it happened to be the very day on which I meant to have sent for him in order to communicate the necessity of making a change in the head of the Department of State. Dropping therefore the case of Mr. Pickering, and breaking its apparent relation to his own by the interposition of other subjects, I intimated that in coming over, he had anticipated my intention of sending for him, with a view to a conversation, which would be as candid explicit on my part as it was in some respects delicate and disagreeable in itself. After remarking that I had delayed the execution of my purpose for some time after I had formed it, in order that my communication might have the character of being not the result of any sudden impulse, but of a deliberate regard to public considerations and official duty, I proceeded to state to him, that it had long been felt, and had at length become notorious, that the administration of the Executive Department laboured under a want of the harmony unity, which were equally essential to its energy and its success; that I did not refer to the evil as infecting our Cabinet consultations, where there had always been an apparent cordiality, even a sufficient concurrence of opinion; but as shewing itself in language and conduct out of doors, counteracting what had been understood within to be the course of the administration, and the interest of the Public; that truth obliged me to add, that this practice, as brought to my view, was exclusively chargeable on him; and that he had not only counteracted what had been the result of consultations apparently approved by himself, but had included myself in representations calculated to diminish confidence in the administration committed to me. He expressed surprise that I should have yielded to such impressions, declared that he had given no cause for them; observing that it was not to be conceived that a motive could be felt by him, to be otherwise than friendly personally, as well as to the credit of my administration. I told him that I had long resisted such impressions, well knowing that my conduct to him had merited a very different return. But that they were the result of facts and circumstances brought to my knowledge from so many sources and with so many corroborations, that it was impossible to shut my mind against them. I assured him that I had struggled ag st . the belief as long as I could; that it was painful as well as difficult for me to suppose, that conscious as he must be of the friendship he had experienced in my nomination of him to the Department of State, and in the constant aids I had given him, in discharging its duties, he should privately set himself ag st . me in any respect; but that what had harassed my feelings in a degree equalled by no occurrence in a long political life, was the reflection that there were among those most nearly connected with him, a number of individuals whom I had always felt a gratification in classing among the best of my friends political personal, for whom I felt the highest esteem sincerest affection; and that the idea of distressing them was most severely so to myself. He repeated his solemn denial of unfriendly conduct in any way towards me, or having done any thing tending to obstruct or embarrass the administration; that on the contrary, he had been always personally my friend, and had contributed, as far as he could to the credit support of the administration: What motive could he have to be otherwise, being himself a member of it, and having neither pretensions nor expectations of any higher sort? What could have given rise to the unfavorable sentiments I had expressed, he was at a loss even to conjecture. I told him I was aware of the awkwardness of my situation, in being obliged to refer to information and evidence which had come to me in ways not permitting me to name to him the sources; but I could assure him that the sources were such as made it my duty not to disregard them; and that unquestionably, he would himself, in my situation yield to the accumulated statements which had their effect on me. In what instances had he set himself ag st . me, or against measures espoused by the administration? I reminded him of a conversation with Mr. — reported by the latter, in which he had indulged himself in disparaging remarks on my official character, that of others in the Cabinet; on the general course of my Policy, which he signified he disapproved; and in which he had communicated certain Cabinet proceedings, some of which were of so confidential a nature that the gentleman did not consider himself at liberty to repeat them. I had taken occasion before to drop him a hint that such a conversation had been given out, observing at the time, that I did it not because I lent an ear to it, but that it might suggest circumspection. He slighted then the report as proceeding from a source not likely to be listened to; and now repeated the denial of the conversation, with an allusion to a report from the same source, as to a conversation with another member of the Cabinet, where it appeared, that no interview could have taken place. I admitted that if this had been a solitary case, it would have been entirely dismissed from my recollection; but this was far from being the fact, altho’ I could not equally enter into a specification of other cases. For examples in which he had counteracted what he had not himself disapproved in the Cabinet, I referred to the Bills called Macon’s bills, and the non-intercourse bill, on the consultations on which he appeared to concur in their expediency; that he well knew the former, in its outline, at least, had originated in the difficulty of finding measures that would prevent what Congress had solemnly protested ag st ., to wit, a compleat submission to the belligerent Edicts; that the measure was considered as better than nothing, which seemed to be the alternative, and as part only of whatever else might in the progress of the business be found attainable; and that he neither objected to what was done in the Cabinet, (the time place for the purpose,) nor offered any thing in the place of it; yet it was well understood that his conversations conduct out of doors, had been entirely of a counteracting nature; that it was generally believed that he was in an unfriendly disposition personally and officially; and that, altho’ in conversations with different individuals he might not hold the same unfavorable language, yet with those of a certain temper, it was no secret that he was very free in the use of it; and had gone so far as to avow a disapprobation of the whole policy of commercial restrictions, from the Embargo throughout. I intimated to him also that it was a complaint among our friends in Cong s that the Federalists frequently quoted him for communications from our Ministers abroad, which were unknown to others, the disclosures being sometimes such as to be deemed confidential, and to be turned ag st the administration. I glanced also at the report of his conversation with Mr. Morier, in which he (Mr. S) had expressed his disapprobation of the whole course of policy observed by the U. States towards G. B. All these facts he repelled by a repetition of what he had before said. With respect to his motives for dissatisfaction, I acknowledged that I had been, for the reasons given by him, much puzzled to divine any natural ones, without looking deeper into human nature than I was willing to do; and it was on this account that I had so long resisted the impression which had at length been made on me; that instead of having any just motives to become an adversary, I knew, and he must be conscious, that in my confidential intercourse with him, in my kindness in general, and, above all, in the labor I had taken upon myself in behalf of his official duties, and for his credit, as well as that of the administration, I ought to have found an opposite return. On this subject as well as every other, I told him, I meant as I ought to be entirely frank, and must therefore say, that it was an imperious consideration for a change in the Departm t . of State, that whatever talents he might possess, he did not as he must have found by experience, possess those adapted to his station; that this had thrown the business more into my hands than was proper, or consistent with my own duties; that as long as I considered him in the light I once did, I had cheerfully given him my aid, but that it was too much to be expected under actual circumstances, and that moreover, the increase of the public business had put it out of my power to do his share as well as my own; and that indeed throughout it was not done as well as might have been by a mind appropriated thereto. I observed that I could appeal to himself for the fact that the business of the Dep t . had not been conducted in the systematic and punctual manner which was necessary, particularly in the foreign correspondence, and that I had become daily more dissatisfied with it. He did not admit that complaint was well founded; intimating that I had a particular way of thinking on this subject, and that his conduct of the business would fully justify itself on examination. I told him he could not but be in a great error; reminding him of the condition in which his correspondence, more particularly, was brought to me; which was almost always so crude inadequate, that I was in the more important cases generally obliged to write them anew myself, under the disadvantage sometimes of retaining, thro’ delicacy some mixture of his draft; that he must recollect that in the cases of Erskine Jackson, the correspondence on his part had in a manner, fallen entirely on my hands. I reminded him also of important failures to make seasonable communications to our foreign Agents; particularizing the case of neglecting, tho’ repeatedly desired, to make known to our Minister at Paris, as was done to our Minister at London, that in case the letter of the Duke de Cadore of Aug. 5, to Gen l . Armstrong as reaching us through English newspapers, should be officially confirmed, it would be the ground of a Proclamation as authorized by the Act of May, 1810, and the case of not keeping Mr. Shaler at the Havanna, duly informed of the state of our foreign relations, in consequence of which, as appeared by Mr. Shaler’s letters, he was unable to pursue the object of his mission with advantage. I observed that if he had transmitted at once, in multiplied copies, thro’ different channels, the same information for the French Gov t . as to the B. Gov t . as to the light in which the letter of the D. de Cadore was viewed, it might, by removing uncertainty distrust as to the course here, have prevented the delay embarrassment resulting from the course there. The impression made by these remarks was shewn rather by his manner, than his comment which was limited to a general disclaimer of the justness of them; to allusions to a report that he had expressed to Mr. — Ingersoll lately in Washington, a disapprobation of the Proclamation putting in force the non-importation act ag st . G. B. which he denied to be fact, said that he had sought out that gentleman, and had obtained from him a satisfactory explanation.
In this stage of the conversation, but in what particular connection is not recollected, it was noticed as a mark of his disinclination to co-operate in promoting measures for the better fulfilling of the Executive trust, that altho’ the Act of Congrs at the session preceding that just closed, relating to our diplomatic establishment, of course particularly affecting his dep t , had been found so very inconvenient, and it had been so often suggested to him; as desirable that some active member of Congress, should be apprized of the expediency of amending or repealing the act, yet no such hint had been ever given, till at length I had availed myself of an opportunity of explaining the matter to a member of the Senate, who readily introduced it to the Senate, but too late in the session to receive an effectual attention. He signified that he had not been in the habit of proceeding in such a way with business belonging to the Legislature, and seemed to disapprove or doubt the propriety of it. I remarked that where the intention was honest the object useful, the conveniency of facilitating business in that way was so obvious that it had been practised under every past administration, w d . be so under every future one; that Executive experience w d . frequently furnish hints lights for the Legislature; that nothing was more common than for members of Cong s . to apply for them; and that in fact, such communications, in cases not calling for formal messages, were indispensable to the advantageous conduct of the public business. A resort to formal messages on every occasion where executive information might be useful, was liable to obvious objections. He made no particular reply, but did not seem to acquiesce. Returning to the necessity of harmony unity in the Executive Councils, in providing for which I expressed a disposition to wound feelings any where as little as possible, he said he had himself regretted my situation, in reference to the want of cordiality among members of the Cabinet, declaring, at the same time, that whilst he was aware of intrigues hostilities carried on ag st . himself, he had abstained from everything of that sort ag st . others, disdaining, at all times, to stoop to such practices. I told him it was unnecessary to repeat observations which I had already made; that such was the state of things that a remedy had become essential in the view of the most considerate friends of the administration, and that I wished for the reasons given, to make it as lenient as would answer the purpose. It had occurred to me that he might not be disinclined to serve his Country in a foreign mission, and that St. Petersburg, where there was a vacancy, might be an eligible as it certainly was an important situation. London more so, he remarked quickly. For London, I replied, another arrangement was thought of; adding, with a view to repress miscalculations, that it was a place of discussions negotiations, calling for appropriate talents habits of business. He said he had for a considerable time entertained thoughts of retiring from the Department of State, and had looked towards a vacancy on the Bench of the Supreme Court, likely to be produced ere long, by death in Baltimore (alluding to Judge Chase). I observed that in that event it might be found most proper to seek a successor elsewhere, intimating also that he had been long out of the practice study of the law, and that the Senate would probably be hard to please in such a case. He made light of that consideration, with an expression of confidence in his standing there, which led me to remark that he was not aware how much room there was for a different estimate, that he had assuredly lost ground extremely with the members of both Houses of Congress, in so much that the prevailing sentiment, as brought to my knowledge in the most direct manner, and from some quarters not unfriendly to himself, called for some arrangement that would at least vary the composition of the Cabinet. He ascribed unfavorable impressions ag st him as far as they might exist to intrigues calumnies; signifying that there was however a body of firm friends personal political, who would not desert him whatever course things might take. I did not admit that any considerable body of the Republicans, would in any event, take side ag st the administration, that on the contrary, many on whom he might perhaps count, had become dissatisfied with the course he had pursued; that it was not so much therefore the consideration alluded to by him, which weighed with me, tho’ not without weight especially at the present crisis in Maryland, (the approaching elections of Senatorial Electors,) as the one I had before mentioned namely the personal friends common to both of us, that made me desirous of smoothing the change become necessary, by proposing a Mission to Russia, which I sincerely wished him to accept. I remarked that the services there tho’ neither difficult nor laborious, might be important; that the station was respectable, and that it was desirable to find a minister whose political grade here had been such as would satisfy the expectations of the Emperor, and whose private resources would also aid his salary in bearing the expensiveness of that Metropolis Court. He admitted an inclination towards a trip to Europe as more eligible than his situation here; and, after a few uninteresting observations, concurred in the measure with a mutual understanding that the appointment would be postponed for some days, till he could wind up the business of his Department, and prepare for his departure from Washington. I observed that as the 1st of April, closed a quarter it might be a convenient epoch, for the date of his Commission, in which he acquiesced. He said he supposed there would be no impropriety in letting it be known that the mission was on foot; none at all. After a short pause, May I say that the appointment is offered to me. I have no objection, it being of course understood that it is to take place on the 1st of April; and that you will let me be at liberty as many days previous as may be convenient, to take overt measures for supplying the vacancy, which he promised. The conversation closed with his proposal that it should be considered as entirely confidential, my acquiescence in it.
From his conversations conduct for several days, in his office elsewhere, it was not doubted that he persisted in his intention to accept the Mission, and was making preparations accordingly. Circumstances soon however began to denote strengthen doubts, particularly his declining, after accepting my invitation, to dine with a party, including the Russian Legation; and as I did not hear from him as was expected and the 1st of April approached I sent for him.
On his arrival, I told him my object, and that I had, according to the understanding between us, caused a Commission to be made out for him. He said he was himself on the point of coming over to me, with the view of returning into my hands his Commission of Secretary of State, (handing it to me at the same time) and to inform me that he had determined to decline the other which had been proffered to him. However disposed he might have been to accept it under other circumstances, it was impossible he could do so under such as would give it the appearance of a mere expedient to get rid of him as Secretary of State. He had learned from Baltimore that a removal of him was believed to have been determined on, under the influence of intrigues ag st him, and that this intention was known even to federal members of Congress, as was evinced by their language on their return home, that the same impression existed elsewhere; that he had, in fact, rec d . letters from his friends not only in Baltimore, but in Penn a N. York, advising him by no means to make himself a party to the transaction by accepting the Russian Mission, which would be regarded as a mere cover for his removal. I told him I could not be answerable for the reports or assertions that might be propagated; that the course I had pursued was the one deemed proper in the circumstances which had resulted from that pursued by him, and had been as delicate and favorable to him as could be reconciled with what I owed to the Public to myself; that in tendering him the Commission for Russia, I wished him to accept it for the reasons explained to him; that what the Federalists said on the occasion, must have grown out of the conversations which had, as was well known, been frequent free among the friends of the administration, on the necessity of a change in the Department of State. I availed myself of this turn of the conversation, to allude anew to the reports complaints, that the Federalists were the first to get from him information of our foreign Affairs; and to its being understood that he had told Mr. Morier that the whole policy of the Government towards G. B. had been contrary to his opinion advice. This he denied. I assured him there was full evidence that Morier had said so; that this was known to and believed by sundry members of Cong s , and had contributed, with other causes, to strengthen the current running ag st him. I reminded him of the official letter from Mr. Morier to him, complaining of the non-intercourse being enforced against G. B. during the actual conduct of France in which he (M) referred to a conversation in which he (S.) admitted that G. B. had a right to complain; I told him I had been surprised, when he communicated the letter to me, to find no apparent intention of a formal disavowal of that circumstance till I had pressed it on him as material to himself in case the correspondence should be brought before the public or Congress; and that I did not approve of the course finally taken by him, of getting Morier to withdraw the letter and substitute another omitting the passage; a course less eligible than the one I had suggested, of a written disavowal, as Morier’s communications to his Gov t . might correspond with his first letter, and might find their way to the public thro’ a Call for papers by the British Parliament, in which case the statement would be without his contradiction. These I observed were disagreeable topics, and I willingly turned from them, to repeat to him, that with a wish to consult the sensibility of common friends, I had been ready to give him in exchange for an office which he professed no longer to relish, a foreign Mission which in itself did not appear to be unacceptable to him; and that it was still in his option, would remain so for a short time longer, if he wished to deliberate further on the subject. He said he had made up his mind, meant to be understood as having given his final answer to the proposal. He recurred to the aspect it wore of an indirect removal of him from the department of State, and to the allegation of intrigues ag st him, which had been mistaken for a loss of Confidence with the public with Cong s ; regretted the tendency of what was taking place to injure the Republican cause, observing again that he should be supported by a Body of friends, and that he knew he could stand on good ground in justifying himself to his Country. I assured him that neither my sentiments nor conduct in relation to him were in the least the effect of intrigues, to which I should never listen, but of the facts considerations I had unfolded to him; that I did not doubt the friendship for him of a number of respectable weighty characters, but it was not less true, however disagreeable it might be to dwell on the circumstance, that with the Public, as well as among the members of Cong s in both Houses, the tide was setting strongly extensively ag st him; that I regretted as much as himself a tendency in any occurrence to impair harmony among the Republicans, more especially at this time in this State, but that I believed this was not likely to be much the case; conceiving that the administration rested on ground as solid as at any preceding period; that for myself, I was entirely confident that what I had done in relation to him, could be justified not only to the public, if it should become there necessary, but even to the most partial of his personal friends; that I c d have no personal objection therefore to any step he might take which would call the public attention to it. He said it was not his wish, however confident he might be of the ground on which he stood, to introduce any public discussion. The conversation being at an end, he took his leave with a cold formality, and I did not see him afterwards.
On reading over the above, I recollect nothing worth mentioning which is omitted; unless it be thought an exception, that in some stage of the conversation I alluded to the pretty general opposition made by his brother in the Senate to the measures proposed or supposed to be approved, by the Executive, and its effect in strengthening the presumption with many of a like spirit in the Secretary of State; explicitly declaring, at the same time, that however I might be sometimes disappointed at the part taken by his brother, or regret it on account of his talents his weight, I had always considered myself bound to suppose him actuated by a just respect for the independence of his station his character; and that as he stood in no official connection with the Executive rendering him anywise responsible for his political conduct, I had never permitted myself to complain of it.
I have rec d . yours of the 24 Ap l 1 and return the letter inclosed in it; after having made the communication intended for Mr. Gallatin. Your expostulations with Duane could not be improved; but he gives proofs of a want of candor, as well as of temperance, that will probably repel advice, however rational or friendly. The great fulcrum of his attacks on Mr. Gallatin is Erskine’s statement of his favorable dispositions toward England; and these attacks he obstinately reiterates and amplifies, notwithstanding the public solemn denial of Mr. G: whilst Mr. Smith myself, tho’ included in a like statement, under which we have both remained silent, have not been reproached on that account, and Mr. S. is become an object even of favor. A like want of candor is seen in the comments of the Aurora, on the putative explanation of the rupture between Mr. S. myself. Of the alledged points of difference, the main one, viz: the non-intercourse, it appears as his opinion on my side; yet he takes the other side generally without alluding to the exception; and of late, restricts his comments to Macon’s bills, or smothers the “non-intercourse” under an c, or confounds the measure with the manner of its execution. Again, Whilst he admits occasionally that the non-intercourse, or rather non-importation now in force, is the best and the only adequate resort ag st . the aggressions of G. B. he continues his abuse on the Government, for abandoning the interests rights of the Nation. I have always regarded Duane, still regard him as a sincere friend of liberty, and as ready to make every sacrifice to its cause, but that of his passions. Of these he appears to be compleatly a slave.
Our expected frigate is not yet arrived from Europe; nor is there any acc t . of the departure either of Pinkney or Foster from G. B. The last account from P. was of Mar. 13, when he was packing up for his passage in the Frigate. Whether the delays, proceed from the approach of the Equinox, the posture of the Regency, or a wish to learn the result of things in Congress, or from some other cause, is unknown. From the jumble of acc ts . from France, it is probable, that the repeal of the Decrees is professedly adhered to; and that an exchange of the productions of the U. S. F. with an exception of certain articles, is permitted by the Municipal laws, under vexatious precautions ag st British forgeries American collusions; and perhaps under some distrust of the views of this Government.
Accept my high esteem best affections.
I have rec d ., fellow Citizens, the petition which you have addressed to me, representing the inconveniences experienced from the existing non-importation law, and soliciting that the National Legislature may be speedily convened.
It is known to all that the Commerce of the U. S. has, for a considerable period, been greatly abridged annoyed by Edicts of the Belligerent powers; each professing retaliation only on the other; but both violating the clearest rights of the U. S. as a neutral nation. In this extraordinary state of things, the Legislature, willing to avoid a resort to war, more especially during the concurrent aggressions of two great Powers, themselves at war, the one with the other, and determined on the other hand ag st . an unqualified acquiescence, have endeavored by successive and varied regulations affecting the commerce of the parties, to make it their interest to be just.
In the Act of Congress out of which the existing non-importation has grown, the state of Commerce was no otherwise qualified than by a provision, that in case either of the Belligerents should revoke its unlawful Edicts, and the other should fail to do the same, our ports should be shut to the vessels Merchandize of the latter. This provision which, like our previous offers, repelled the very pretext set up by each, that its Edicts ag st . our trade with the other, was required by our acquiescence in like Edicts of the other, was equally presented to the attention of both. In consequence of the communication the French Government declared that its Decrees were revoked. As the British Government had expressed reluctance in issuing its orders, and repeatedly signified a wish to find in the example of its adversary an occasion for putting an end to them, the expectation was the more confident that the occasion would be promptly embraced. This was not done; and the period allowed for the purpose having elapsed, our ports became shut to British Ships and merchandize. Whether the conduct of the French Government has been, and will be such as to satisfy the authorized expectations of the U. States; or whether the British Government may have opened, or will open the way for the Executive removal of the restrictions on British commerce with the U. States, which it continues in its power to do, by revoking its own unlawful restrictions on our commerce, is to be ascertained by further information, which will be received employed by the Executive with the strict impartiality, which has been invariably maintained towards the two Belligerents.
Whatever may be the inconveniences resulting in the mean time, from the non-importation Act, it was not to have been supposed, that whilst it falls within the necessary power, and Practice of regulating our commercial intercourse with foreign Countries, according to circumstances, the act would be regarded as not warranted by the Constitution; or that whilst it was a partial restriction only, and had for its object, an entire freedom of our commerce, by a liberation of it from foreign restrictions unlawfully imposed, it could be viewed as destroying commerce; and least of all that a likeness could be seen between a law enacted by the representatives of the Country, with a view to the interest of the Country, and Acts of a Government in which the Country was not represented, framed with a view to the interest of another Country at the expence of this.
If appeals to the justice of the Belligerents, through their interests, involve privations on our part also, it ought to be recollected that this is an effect inseperable from every resort by which one nation can right itself ag st . the injustice of others.
If sacrifices made for the sake of the whole, result more to some than to other districts or descriptions of Citizens, this also is an effect which tho’ always to be regretted, can never be entirely avoided. Whether the appeal be to the sword, or to interruptions or modifications of customary intercourse, an equal operation on every part of the Community can never happen. Nor would an unqualified acquiescence in belligerent restrictions on our Commerce, if that could be reconciled with what the Nation owes to itself, be less unequal in its effect on different local situations interests.
In estimating the particular measure which has been adopted by the National Councils, it may be reasonably expected therefore, from the candor of enlightened Citizens, that with the peculiarity of the public situation, they will be impressed also with the difficulty of selecting the course most satisfactory, and best suited to diminish its evils or shorten their duration; that they will keep in mind that a resort to war must involve necessary restrictions on commerce; and that were no measure whatever opposed to the Belligerent Acts against our Commerce, it would not only remain under the severe restrictions now imposed by foreign hands, but new motives would be given for prolonging and invigorating them.
These observations are not meant to anticipate the policy which the Legislature may henceforward find best adapted to support the honor or promote the interest of the Nation; or to prejudge questions relative to particular changes which may be pointed out by experience, or be called for by the state of our foreign relations. Neither do they imply any predetermination as to the measure of convening the Legislature, which it will be a duty to adopt or decline as our national affairs may appear to require. The view of our situation presented to your patriotic reflections, has been suggested by that contained in your address; And it will have its desired effect, if it recalls your attention to the peculiar embarrassments with which the National Councils have had to contend, and enforces the importance of manifesting that union of all in supporting the measures of the Constituted Authorities whilst actually in force, which is as necessary to their effect at home and abroad, as it is consistent with the right and with the legitimate modes, of seeking a revisal of them. In the mode which the Town of New Haven has employed I witness with satisfaction, that in exercising the right of freemen, the obligation of Citizens has not been forgotten; and that it affords a pledge and an example which I am far from undervaluing.
I tender you my respects and my friendly wishes.
I return the letter from you to Duane, on the subject of Mr. Gallatin he seems to be incorrigible. If I am not misinformed, his eyes are opening to the conduct character of Mr. S. with respect to both of which he has suffered himself to be misled partly by his own passions, partly by those who took advantage of them. You see the new shapes our foreign relations are taking. The occurrence between Rogers the British ship of war, not unlikely to bring on repetitions, will probably end in an open rupture, or a better understanding, as the calculations of the B. Gov t . may prompt or dissuade from war. 1 Among the items in these will be the temper here, as reported by its partizans. The state of parties in Mass ts . is in this view important, especially as it will attract particular notice by its effects in degrading Pickering, who has made himself so conspicuous in the British service. 2 On the other hand much impatience is shewing itself in the East n . States, under the non-importation. The little embarrassment which occurs in procuring returns for the apples onions sent from Connecticut to the W. Indies, is generating remonstrances as in the case of the Embargo. I have been obliged to answer one from N. Haven headed by Hillhouse, which they have not yet published. The protracted delay of the Essex still leaves us a prey to the ignorance interested falsehoods which fill our newspapers. It would seem that G. B. is determined ag st . repealing her orders, and that Bonaparte is equally so on the destruction of her commerce, to which he readily sacrifices his own commerce with the U. S. As to the blockade of England, (the decree to which alone the Act of Cong s the Proclamation have reference) there is no evidence of its being continued in force. All the Official evidence is on the other side. And yet by a confusion of ideas or artifice of language, the appearance is kept up that the ground of the non-importation has failed, and that it is consequently a wrong to G. B. After all, we must remain somewhat in the dark till we hear more on the subject; probably till the return of the vessel that carried to France the Act of Cong s . putting in force the non-importation, for w ch Bonap e . seems to be waiting. After a severe drought, we have had a copious rain. I hope you have shared it that it will have aided the Wheatfields in their conflict with the Hessian fly. Be assured of my constant truest affection.
In calling you together sooner than a separation from your homes would otherwise have been required I yielded to considerations drawn from the posture of our foreign affairs, and in fixing the present for the time of your meeting regard was had to the probability of further developments of the policy of the belligerent powers toward this country which might the more unite the national councils in the measures to be pursued.
At the close of the last session of Congress it was hoped that the successive confirmations of the extinction of the French decrees, so far as they violated our neutral commerce, would have induced the Government of Great Britain to repeal its orders in council, and thereby authorize a removal of the existing obstructions to her commerce with the United States.
Instead of this reasonable step toward satisfaction and friendship between the two nations, the orders were, at a moment when least to have been expected, put into more rigorous execution; and it was communicated through the British envoy just arrived that whilst the revocation of the edicts of France, as officially made known to the British Government, was denied to have taken place, it was an indispensable condition of the repeal of the British orders that commerce should be restored to a footing that would admit the productions and manufactures of Great Britain, when owned by neutrals, into markets shut against them by her enemy, the United States being given to understand that in the meantime a continuance of their non-importation act would lead to measures of retaliation.
At a later date it has indeed appeared that a communication to the British Government of fresh evidence of the repeal of the French decrees against our neutral trade was followed by an intimation that it had been transmitted to the British plenipotentiary here in order that it might receive full consideration in the depending discussions. This communication appears not to have been received; but the transmission of it hither, instead of founding on it an actual repeal of the orders or assurances that the repeal would ensue, will not permit us to rely on any effective change in the British cabinet. To be ready to meet with cordiality satisfactory proofs of such a change, and to proceed in the meantime in adapting our measures to the views which have been disclosed through that minister will best consult our whole duty.
In the unfriendly spirit of those disclosures indemnity and redress for other wrongs have continued to be withheld, and our coasts and the mouths of our harbors have again witnessed scenes not less derogatory to the dearest of our national rights than vexatious to the regular course of our trade.
Among the occurrences produced by the conduct of British ships of war hovering on our coasts was an encounter between one of them and the American frigate commanded by Captain Rodgers, rendered unavoidable on the part of the latter by a fire commenced without cause by the former, whose commander is therefore alone chargeable with the blood unfortunately shed in maintaining the honor of the American flag. The proceedings of a court of inquiry requested by Captain Rodgers are communicated, together with the correspondence relating to the occurrence, between the Secretary of State and His Britannic Majesty’s envoy. To these are added the several correspondences which have passed on the subject of the British orders in council, and to both the correspondence relating to the Floridas, in which Congress will be made acquainted with the interposition which the Government of Great Britain has thought proper to make against the proceeding of the United States.
The justice and fairness which have been evinced on the part of the United States toward France, both before and since the revocation of her decrees, authorized an expectation that her Government would have followed up that measure by all such others as were due to our reasonable claims, as well as dictated by its amicable professions. No proof, however, is yet given of an intention to repair the other wrongs done to the United States, and particularly to restore the great amount of American property seized and condemned under edicts which, though not affecting our neutral relations, and therefore not entering into questions between the United States and other belligerents, were nevertheless founded in such unjust principles that the reparation ought to have been prompt and ample.
In addition to this and other demands of strict right on that nation, the United States have much reason to be dissatisfied with the rigorous and unexpected restrictions to which their trade with the French dominion has been subjected, and which, if not discontinued, will require at least corresponding restrictions on importations from France into the United States.
On all those subjects our minister plenipotentiary lately sent to Paris has carried with him the necessary instructions, the result of which will be communicated to you, and, by ascertaining the ulterior policy of the French Government toward the United States, will enable you to adapt to it that of the United States toward France.
Our other foreign relations remain without unfavorable changes. With Russia they are on the best footing of friendship. The ports of Sweden have afforded proofs of friendly dispositions toward our commerce in the councils of that nation also, and the information from our special minister to Denmark shews that the mission had been attended with valuable effects to our citizens, whose property had been so extensively violated and endangered by cruisers under the Danish flag.
Under the ominous indications which commanded attention it became a duty to exert the means committed to the executive department in providing for the general security. The works of defense on our maritime frontier have accordingly been prosecuted with an activity leaving little to be added for the completion of the most important ones, and, as particularly suited for co-operation in emergencies, a portion of the gunboats have in particular harbors been ordered into use. The ships of war before in commission, with the addition of a frigate, have been chiefly employed as a cruising guard to the rights of our coast, and such a disposition has been made of our land forces as was thought to promise the services most appropriate and important. In this disposition is included a force consisting of regulars and militia, embodied in the Indiana Territory and marched toward our northwestern frontier. This measure was made requisite by several murders and depredations committed by Indians, but more especially by the menacing preparations and aspect of a combination of them on the Wabash, under the influence and direction of a fanatic of the Shawanese tribe. With these exceptions the Indian tribes retain their peaceable dispositions toward us, and their usual pursuits.
I must now add that the period is arrived which claims from the legislative guardians of the national rights a system of more ample provisions for maintaining them. Notwithstanding the scrupulous justice, the protracted moderation, and the multiplied efforts on the part of the United States to substitute for the accumulating dangers to the peace of the two countries all the mutual advantages of re-established friendship and confidence, we have seen that the British cabinet perseveres not only in withholding a remedy for other wrongs, so long and so loudly calling for it, but in the execution, brought home to the threshold of our territory, of measures which under existing circumstances have the character as well as the effect of war on our lawful commerce.
With this evidence of hostile inflexibility in trampling on rights which no independent nation can relinquish, Congress will feel the duty of putting the United States into an armor and an attitude demanded by the crisis, and corresponding with the national spirit and expectations.
I recommend, accordingly, that adequate provision be made for filling the ranks and prolonging the enlistments of the regular troops; for an auxiliary force to be engaged for a more limited term; for the acceptance of volunteer corps, whose patriotic ardor may court a participation in urgent services; for detachments as they may be wanted of other portions of the militia, and for such a preparation of the great body as will proportion its usefulness to its intrinsic capacities. Nor can the occasion fail to remind you of the importance of those military seminaries which in every event will form a valuable and frugal part of our military establishment.
The manufacture of cannon and small arms has proceeded with due success, and the stock and resources of all the necessary munitions are adequate to emergencies. It will not be inexpedient, however, for Congress to authorize an enlargement of them.
Your attention will of course be drawn to such provisions on the subject of our naval force as may be required for the services to which it may be best adapted. I submit to Congress the seasonableness also of an authority to augment the stock of such materials as are imperishable in their nature, or may not at once be attainable.
In contemplating the scenes which distinguish this momentous epoch, and estimating their claims to our attention, it is impossible to overlook those developing themselves among the great communities which occupy the southern portion of our own hemisphere and extend into our neighborhood. An enlarged philanthropy and an enlightened forecast concur in imposing on the national councils an obligation to take a deep interest in their destinies, to cherish reciprocal sentiments of good will, to regard the progress of events, and not to be unprepared for whatever order of things may be ultimately established.
Under another aspect of our situation the early attention of Congress will be due to the expediency of further guards against evasions and infractions of our commercial laws. The practice of smuggling, which is odious everywhere, and particularly criminal in free governments, where, the laws being made by all for the good of all, a fraud is committed on every individual as well as on the state, attains its utmost guilt when it blends with a pursuit of ignominious gain a treacherous subserviency, in the transgressors, to a foreign policy adverse to that of their own country. It is then that the virtuous indignation of the public should be enabled to manifest itself through the regular animadversions of the most competent laws.
To secure greater respect to our mercantile flag, and to the honest interests which it covers, it is expedient also that it be made punishable in our citizens to accept licenses from foreign governments for a trade unlawfully interdicted by them to other American citizens, or to trade under false colors or papers of any sort.
A prohibition is equally called for against the acceptance by our citizens of special licenses to be used in a trade with the United States, and against the admission into particular ports of the United States of vessels from foreign countries authorized to trade with particular ports only.
Although other subjects will press more immediately on your deliberations, a portion of them can not but be well bestowed on the just and sound policy of securing to our manufactures the success they have attained, and are still attaining, in some degree, under the impulse of causes not permanent, and to our navigation, the fair extent of which is at present abridged by the unequal regulations of foreign governments.
Besides the reasonableness of saving our manufacturers from sacrifices which a change of circumstances might bring on them, the national interest requires that, with respect to such articles at least as belong to our defense and our primary wants, we should not be left in unnecessary dependence on external supplies. And whilst foreign governments adhere to the existing discriminations in their ports against our navigation, and an equality or lesser discrimination is enjoyed by their navigation in our ports, the effect can not be mistaken, because it has been seriously felt by our shipping interests; and in proportion as this takes place the advantages of an independent conveyance of our products to foreign markets and of a growing body of mariners trained by their occupations for the service of their country in times of danger must be diminished.
The receipts into the Treasury during the year ending on the 30th of September last have exceeded $13,500,000, and have enabled us to defray the current expenses, including the interest on the public debt, and to reimburse more than $5,000,000 of the principal without recurring to the loan authorized by the act of the last session. The temporary loan obtained in the latter end of the year 1810 has also been reimbursed, and is not included in that amount.
The decrease of revenue arising from the situation of our commerce, and the extraordinary expenses which have and may become necessary, must be taken into view in making commensurate provisions for the ensuing year; and I recommend to your consideration the propriety of insuring a sufficiency of annual revenue at least to defray the ordinary expenses of Government, and to pay the interest on the public debt, including that on new loans which may be authorized.
I cannot close this communication without expressing my deep sense of the crisis in which you are assembled, my confidence in a wise and honorable result to your deliberations, and assurances of the faithful zeal with which my cooperating duties will be discharged, invoking at the same time the blessing of Heaven on our beloved country and on all the means that may be employed in vindicating its rights and advancing its welfare.
(Private.)
I have received your several favors of Feb y 8, Ap l 19, June 3, 1 and Aug. 17, all of them in triplicates or duplicates.
I need not say how agreeable it would have been to me, and I am persuaded satisfactory to the public, if your inclination circumstances had favored the new allotment of your services. Being ignorant of the obstacle arising from the particular state of your family, and inferring from considerations known to you, that such an exchange might not be unwelcome, I had proceeded so far in anticipating a decision different from that which took place in your mind, as to hold out the station at S t Petersburg to another. It has happened that no disappointment of any sort ensued to your contemplated successor. But I ought not to omit, that I did not so far lose sight of the possibility that you might be induced to decline the new appointment, as not to have meditated a provision for that event which w d . have probably deprived it of its embarrassments. In the present state of things, I have only to wish that your diplomatic situation may continue to be less incommodious than it was at first found; and that opportunities of rendering it useful to your Country may equal her confidence in the fidelity and ability which you will apply to them.
Count Pahlen has just delivered his letter of leave, in pursuance of the order of the Emperor which translates him to Rio Janeiro. His excellent dispositions, and amicable deportment, have justly rendered him so highly universally agreeable here, that we take for granted that no doubt on that point can have been among the reasons of his sovereign for this change of his destination.
You will receive by this conveyance from the Department of State, the late communications to Congress, including the adjustment of the rusty and corrosive affair of the Chesapeake. 1 The pretension of G. B. which requires us as neutral nation to assert ag st . one belligerent an obligation to open its markets to the products of the other, shews a predetermination to make her orders in Council codurable with the war, for she cannot be unaware that nothing but a termination of the war if even that, will fulfill the condition annexed to their repeal. The question to be decided, therefore, by Congress, according to present appearances, simply is, whether all the trade to which the orders are and shall be applied, is to be abandoned, or the hostile operation of them, be hostilely resisted. The apparent disposition is certainly not in favor of the first alternative, though it is more than probable, that if the second should be adopted, the execution of it will be put off till the close of the Session approaches; with the exception perhaps of a licence to our Merchantmen to arm in self-defence, which can scarcely fail to bring on war in its full extent unless such an evidence of the disposition of the U. S. to prefer war to submission should arrest the cause for it. The reparation made for the attack on the American frigate Chesapeake, takes one splinter out of our wounds; but besides the provoking tardiness of the remedy, the moment finally chosen deprives it of much of its effect, by giving it the appearance of a mere anadyne to the excitements in Cong s . the nation produced by the cotemporary disclosures.
It will afford you pleasure to know that the aggregate of our Crops was never greater than for the present year. The grain part of them is particularly abundant.
I tender you assurances of my great esteem and friendly respects.
(Private.)
You will receive by this conveyance the proper communications from the Dep t . of State. You will see in them, the ground now avowed for the B. Orders in Council. It must render them codurable with the war; for nothing but a termination of it will re-open the continental market to British products. Nor is it probable that peace will do it in its former extent. The pretension which requires the U. S. as a neutral power to assert an obligation on one belligerent, to favor, by its internal regulations, the manufactures of another, is a fitter subject for ridicule than refutation. It accordingly has no countenance here even among the most devoted champions of G. B. Whether some of them, by arming themselves with simulated facts sophistical distinctions, may not be emboldened to turn out in her defence, will soon be seen. Nothing has yet passed in Cong s . disclosing the sense of that Body, with respect to the moment manner of meeting the conduct of G. B. in its present hostile shape. A disposition appears to enter at once on preparations, which will probably be put in force or not, as the effect of them on the British Councils, shall be ascertained in the course of the session. In the mean time it is not improbable that the merchant vessels may be permitted to arm for self-defence. This can scarcely fail to bring on maritime reprisals; and to end in the full extent of war, unless a change in the British system should arrest the career of events. All proceedings however relating to G. Britain, will be much influenced by the conduct of France not only as it relates to a violation of our neutral rights; but of our national ones also, and to justice for the past as well as for the future and that too not only in cases strictly French, but in those in Naples elsewhere indirectly so. Altho’ in our discussions with G. B. we have been justified in viewing the repeal of the French Decrees as sufficiently substantiated to require a fulfilment of the pledge to repeal the orders in Council; yet the manner in which the F. Gov t . has managed the repeal of the decrees, and evaded a correction of other outrages, has mingled with the conciliatory tendency of the repeal, as much of irritation and disgust as possible. And these sentiments are not a little strengthened by the sarcastic comments on that management, with which we are constantly pelted in our discussions with the B. Gov t . and for which the F. Gov t . ought to be ashamed to furnish the occasion. In fact without a systematic change from an appearance of crafty contrivance, and insatiate cupidity, for an open manly, upright dealing with a nation whose example demands it, it is impossible that good will can exist; and that the ill-will which her policy aims at directing against her enemy, should not, by her folly and iniquity, be drawn off against herself. The late licentiousness of the F. privateers in the Baltic, the ruinous transmission of their cases to Paris, and the countenance said to be there given to such abuses, are kindling a fresh flame here; And if a remedy be not applied, our merchantmen should arm, hostile collisions will as readily take place with one nation as the other. Were it not that our frigates would be in danger of rencounters with British ships of superior force in that quarter, there could be no scruple at sending thither some of them, with orders to suppress by force the French and Danish depredations. I am aware that a pretext for these has been sought in the practice of our vessels in accepting British Convoy; but have they not in many instances at least been driven to this irregular step by the greater irregularities practised ag st . them? We await the return of the Constitution not without a hope of finding the good effect of your remonstrances in a radical change of the French policy towards this Country.
The reparation for the outrage on the Chesapeake frigate, which you will find in the correspondence between Mr. Foster and Mr. Monroe, tho’ in a stile extent sufficiently admissible under actual circumstances, has been so timed as to lose its conciliatory effect, by wearing the appearance of a diplomatic ruse. Those who value it most, do so on the calculation that Mr. F. is authorized to go forward in the road from which he has removed the stumbling-block. In this they allow their wishes to mislead their judgments.
From a late communication of Mr. Russell, to the Secretary of State it appears that the F. Emperor has very wisely made up his mind for the Independence of Spanish America; and for the possession of E. as well as W. Florida by the U. S. It is to be hoped that no unworthy attempt will be made to extract money from the occasion: 1. because it is incompatible with the assumed idea that Sp: Am a must be independent. 2. because, without our occupancy, that of G. B. would be interposed. 3. essentially, because the pecuniary value of the territory is due from Spain to the U. S. You ought to know that there is good reason to believe that an agent (Keene) for certain grasping land Jobbers of N. Orleans possibly elsewhere, has been treating with the Cortes for the vacant lands in E. Florida, and it may be counted on that equal art avarice will mingle themselves with every opportunity for corrupt speculations.
Hitherto the Continental Colonies of S. America have masked their views of independence, under a nominal adherence to Ferdinand, as the head of the whole empire, in contradistinction to the Cortes governing the European part of it only. Venezuela however has thrown off this mask, has communicated to us its declaration of Independence, and solicits our acknowledging it by receiving a Pub. Minister c. Mexico, according to our intelligence, w ch is difficult obscure, is still in the struggle between the revolutionary royal parties.
In what manner G. B. will proceed in the case of Venezuela, other districts following its example does not yet appear. Whilst Ferdinand was acknowledged, it was less difficult to steer between the Cortes and the Colonies. It will require more dexterity to reconcile her political connections with the former, and her commercial views towards the latter. If our information from Cadiz be not very erroneous, she is doing us all the mischief there which her influence can effect. What her conduct may be in the event of our taking possession of E. Florida, cannot yet be said. The game she will play with Cuba, may more readily be conjectured. But like most of her others it may in the end be a losing one.
You will receive from the Dep t . of State a set of Newspapers, will see the pub. countenance as reflected in that Mirror. I add one or two which happen to be at hand, and to contain some things worth perusal.
Accept my great esteem most friendly respects.
I communicate to Congress copies of an act of the legislature of New York relating to a canal from the Great Lakes to Hudson River. In making the communication I consult the respect due to that State, in whose behalf the commissioners appointed by the act have placed it in my hands for the purpose.
The utility of canal navigation is universally admitted. It is no less certain that scarcely any country offers more extensive opportunities for that branch of improvements than the United States, and none, perhaps, inducements equally persuasive to make the most of them. The particular undertaking contemplated by the State of New York, which marks an honorable spirit of enterprise and comprises objects of national as well as more limited importance, will recall the attention of Congress to the signal advantages to be derived to the United States from a general system of internal communication and conveyance, and suggest to their consideration whatever steps may be proper on their part toward its introduction and accomplishment. As some of those advantages have an intimate connection with the arrangements and exertions for the general security, it is at a period calling for those that the merits of such a system will be seen in the strongest lights.
I have rec d fellow Citizens your address, transmitted on the 22 of December, 1811. 1
Under the circumstances which impose on the National Councils, the duty of resorting to other means for obtaining respect to the national rights, than a continuation of the unavailing appeals to the justice of the aggressors, it is an animating consideration that the great body of the Nation appear to be united, in the convictions feelings which you have expressed.
Our Country faithful to the principles which it professed studious of the blessings of peace, omitted no pacific effort to engage the Belligerents to abandon their anti-neutral systems; persevering in the authorized expectation that if the example should be given by either, it would be followed by the other. When the repeal of the French Edicts, therefore, was officially declared, it was reasonably inferred that the occasion would be seized by G. Britain to demonstrate the sincerity of her professions, and to remove the obstructions to our commercial intercourse with her which had resulted from the obstructions of our commerce with her adversary. Far from making good the pledge to proceed even step by step with France, in returning to a respect for our neutral rights, her Government contended for formalities in the French proceeding, not observed even in her own practice; and disputed an evidence of facts, which any other than a reluctant party would have promptly embraced; untill, forced into a distrust of these pretexts for adhering to her orders she has at length made it a condition of their repeal, that the markets shut by her Enemy, shall be opened to her productions and manufactures; a condition, which being equally beyond our right to demand, and our means to effect, involves a continuance of the system levelled against our lawful trade, during a war itself of indefinite duration.
The alternative thus presented to the American Nation is rallying it to a vindication of its violated rights, and it would be injustice to its character to doubt that its energy and perseverance, when rendered necessary, will be proportioned to the justice and moderation, by which that necessity ought to have been prevented.
Acquiescence in the practice and pretensions of the British Gov t . is forbidden by every view that can be taken of the subject. It would be a voluntary surrender of the persons and property of our Citizens sailing under the neutral guaranty of an Independent flag. It would recolonize our commerce by subjecting it to a foreign Authority; with the sole difference that the regulations of it formerly were made by Acts of Parliament and now, by orders in Council. And whatever benefits might be reaped by particular portions of the Community, whose products are favored by contingent demands, but whose patriotism will not the less make a common cause with every other portion, experience warns us of the fatal tendencies of a commerce unrestricted with G. B., and restricted by her pleasure and policy elsewhere. Whilst the limited Market would continue overcharged with our exports, the disproportionate imports from it, would drain from us the precious metals, endanger our monied Institutions; arrest our internal improvements, and would strangle in the cradle, the manufactures which promise so vigorous a growth. Nor would the evil be confined to our commerce, our agriculture, or our manufactures. The Ship owners Shipbuilders and mariners must be equally sufferers. Should the regulating power submitted to afford no new preferences to British Navigation, those derived from existing laws orders would exclude American vessels from the carriage of the products of their own Country, from its own ports. Finally, an acquiescence in the regulation of our Commerce, by the Belligerent having the command of the sea, would be the surest method of perpetuating its destructive Edicts. In a state of things so favorable to its interests, and so flattering to its power, the motives to a change would cease, if a change were otherwise likely to take place.
It is with a just discernment therefore that you have regarded a dereliction of our National rights as not less ruinous than dishonorable; and, with an exemplary patriotism that you have unanimously resolved to co-operate in maintaining them.
I have rec d . several letters from you which not requiring special answers, I now beg leave to acknowledge in the lump. I have delayed it in the hope that I might add something on our public affairs not uninteresting. If there be any thing at present of this character it will be found in the inclosed paper from N. York. We have no late official information from Europe; but all that we see from G. B. indicates an adherence to her mad policy towards the U. S. The Newspapers give you a sufficient insight into the measures of Congress. With a view to enable the Executive to step at once into Canada they have provided after two months delay, for a regular force 1 requiring 12 to raise it, and after 3 months for a volunteer force, on terms not likely to raise it at all for that object. The mixture of good bad, avowed disguised motives accounting for these things is curious eno’ but not to be explained in the compass of a letter. Among other jobbs on my hands is the case of Wilkinson. 2 His defence fills 6 or 700 pages of the most collossal paper. The minutes of the Court, oral written printed testimony, are all in proportion. A month has not yet carried me thro’ the whole.
We have had of late a hard winter much Ice which still lies on the water in view. The reiteration of Earthquakes continues to be reported from various quarters. They have slightly reached the State of N. Y. and been severely felt W. and S. Westwardly. There was one here this morning at 5 or 6 minutes after 4 o’C. It was rather stronger than any preceding one, lasted several minutes; with sensible tho’ very slight repetitions throughout the succeeding hour.
Be assured of my best affections.
Mr. Morris delivered yesterday morning the dispatches committed to him, including your letters to me.
The reasons for hastening the departure of the vessel now ordered to France, will not permit the Sec y . of State to do much more than acknowledge the receipt of your communications. The instructions you wish relative to the question of a Commercial Treaty with F. at this time, as well as the requisite terms, should such an one be admissible, will be subjects of due consideration and early communication.
I see with pleasure the auspicious attentions which have distinguished your intercourse with the F. Gov t ., and the convincing views presented, on your part, of the commercial policy which it ought to adopt towards the U. S. From these sources encouragement is drawn. In other respects the prospect suggests distrust rather than expectation. The delay in answering your note, the vagueness of the answer when given; the refusal to sign the contents of the paper presented by you, even in the ordinary unexceptionable form proposed; and the substitution of a verbal for a written notification of the orders to the Custom Houses, c c, by which our merchants were to be invited to the F. Market, are circumstances which necessarily attract serious notice. The reserve manifested on the subject of the paper alluded to is the more remarkable as a written sanction to it would have so little committed them. Beyond a freedom of the French ports to the products of the U. S. under all the existing limitations incumbrances, it pledged nothing more than a melioration of formalities as to ownership and origin; leaving Colonial produce on the old footing of special licences. The liberation of the remaining Ships Cargoes could surely have created no difficulty, if any real purpose of friendship or good faith be entertained. It would seem therefore that the objection must have lain against the clause forbidding captures seizures, for other cause than forged papers. The recent condemnations in the Baltic cases, and the avowal of the F. Consul in Denmark that all vessels, whithersoever bound, with Colonial produce were within the orders to capture, favor this conjecture; and if it be the true one, adjustment is hopeless; and the consequences obvious. I do not forget that your understanding of all these particulars was better than mine can be, and that my constructions may be merely colorable. I wish this may be the case, but we find so little of explicit dealing or substantial redress mingled with the compliments and encouragements which cost nothing because they may mean nothing, that suspicions are unavoidable; and if they be erroneous, the fault does not lie with those who entertain them.
From the scanty attention I can now give to the subject of a commercial Treaty with F. I am at a loss for the necessity of it, or the motives of F. to set it on foot, if it be not meant to gain time, and be guided by events. 1 On our side we have nothing to stipulate, which is not secured to her, as long as she merits it, by our general system which leaves our exports imports free, without any duties on the former, and with moderate ones on the latter. It is on her side that changes securities are necessary to a friendly reciprocity; and these will for the present be satisfactory to us in the form of stable regulations fairly executed. Among them a reduced tarif favoring all our great Staples, and a transit thro’ F. ports to inland markets, are indispensable to a continued admission of F. staples. The system of licences must be abolished, if not by F. by us. The neglect of the subject by Cong s . is remarkable, but the event cannot be doubtful. Such a mode of commerce corrupts one class of Citizens and disgusts all the rest; when the trade licensed is in foreign, not native articles, the evil preponderates still more over the profit. The F. Gov t . seems to have taken up a radical error with regard to the commercial interests of the two Countries. It overrates our desire of her commodities. The present footing of the commerce is intolerable to the U. S. and it will be prohibited, if no essential change takes place. At all times it will be a barter of food raw materials for superfluities, in great part; and altogether so (with the temporary exception of colonial re-exports) as long as a balance in money is prevented by the existing policy of France, and a return of useful fabrics by the war. Why might not certificates of origin from F. Consuls, or still better of direct shipments from our ports, take the place of licenses. The advantages of the change are numerous obvious. Mr. Gallatin promises to say something to Mr. Lee on this head.
I am concerned that the prospect of indemnity for the Rambouillet and other spoliations is so discouraging as to have led to the idea of seeking it thro’ King Joseph. Were there no other objection than the effect on the public mind here, this would be an insuperable one. The gratification of the sufferers by the result would be lost in the general feeling ag st the measure. But Joseph is not yet settled on the Spanish Throne; When so, defacto, he will be sovereign neither de facto, nor de jure, of any Spanish part of this Continent; the whole of which, if it had not on other accounts a right to separate from the peninsula, would derive it from the usurpation of Joseph. So evident is it that he can never be K g of a Spanish Province, either by conquest or consent, that the Independence of all of them, is avowedly favored by the policy which rules him. Nor would a purchase under Joseph, place us an inch nearer our object. He could give us neither right, nor possession; and we should be obliged to acquire the latter by means which a grant from him would be more likely to embarrass than promote. I hope therefore that the French Government will be brought to feel the obligation the necessity of repairing the wrongs, the flagrant wrongs in question, either by payments from the Treasury or negotiable substitutes. Without one or other or some fair equivalent there can be neither cordiality nor confidence here; nor any restraint from self redress in any justifiable mode of effecting it; nor any formal Treaty on any subject. With Justice on this subject, formal stipulations on others might be combinable.
As the Hornet had reached F. before the sailing of the Constitution, and the latter had not a very short passage, we shall soon look for further communications from you. I hope they will correspond equally with your patriotic exertions, and the public calculations. If they do not exhibit the conduct of the F. Gov t . in better colors than it has yet assumed, there will be but one sentiment in this country, I need not say what that will be.
Be assured of my affectionate esteem.
I return the letter from Foronda inclosed in yours of the 19 th . Feb y . I find I shall not be able to read his lucubrations in print. The letter from Dr. Guantt[?] is in the hands of the Sec y . of war, and will not be unheeded; but the course the nominations have taken makes it doubtful whether the wishes in behalf of his son can be fulfilled. You will see that Cong s ., or rather the H. of R s ., have got down the dose of taxes. 1 It is the strongest proof they could give that they do not mean to flinch from the contest to which the mad conduct of G. B. drives them. Her perseverance in this seems to be sufficiently attested by the language of L d . Liverpoole Mr. Perceval in their parliamentary comments on the Regent’s message. The information from F. is pretty justly described in the paragraph inserted in the Nat l . Intelligencer after the arrival of the Constitution. The prints herewith inclosed are forwarded to you at the request of Thom s Gimbrede, (of N. York,) the author.
I lay before Congress copies of certain documents which remain in the Department of State. 1 They prove that at a recent period, whilst the United States, notwithstanding the wrongs sustained by them, ceased not to observe the laws of peace and neutrality toward Great Britain, and in the midst of amicable professions and negotiations on the part of the British Government, through its public minister here, a secret agent of that Government was employed in certain States, more especially at the seat of government in Massachusetts, in fomenting disaffection to the constituted authorities of the nation, and in intrigues with the disaffected, for the purpose of bringing about resistance to the laws, and eventually, in concert with a British force, of destroying the Union and forming the eastern part thereof into a political connection with Great Britain.
In addition to the effect which the discovery of such a procedure ought to have on the public councils, it will not fail to render more dear to the hearts of all good citizens that happy union of these States which, under Divine Providence, is the guaranty of their liberties, their safety, their tranquillity, and their prosperity.
In the latter end of the year 1808, and spring of 1809, two anonymous letters were addressed, one to the Hon Secy. of State, the other to the P. of the U. S. 1 They related to a projected severance of the Union, brought to the knowledge of the writer, which was to be undertaken in case of a rupture with G. B. under the managem t . of men of high standing; but was obviated for the time by the accomodation settled with Mr. Erskine. The writer justly estimating the importance of bringing to pub. view the guilty associates, signified his intention to resume his disclosures, sh d a future occasion call for them; and to give such evidences of their machinations as w d be conclusive. Such an occasion is formed by existing circumstances. The British designs ag st our Union have been happily detected exposed: But no evidence is produced, having like effect as to domestic plotters; who in the event of war, may be expected to avail themselves of that advantage, in seizing any favorable moment for renewing their machinations. As the motives to the communications purposes alluded to are doubtless unchanged as to the want of name dates to the letters conveying them, is supplied by the handwriting, post marks, this note may recall the subject to the writer, at a moment singularly critical. A Com e . of investigation, under the title of Com e . of For relations, having been app d . by the H. of Rep s . any name proofs, or the sources of them may be either pointed out to that body, or otherwise made known as may be thought proper.