Washington, July 9, 1808.
Sir,—I have lately seen a printed report of the committee of the Canal company of New Orleans, stating the progress and prospects of their enterprize. In this the United States feel a strong interest, inasmuch as it will so much facilitate the passage of our armed vessels out of the one water into the other. For this purpose, however, there must be at least five and a half feet water through the whole line of communication from the lake to the river. In some conversations with Mr. Clark on this subject the winter before last, there was a mutual understanding that the company would complete the canal, and the United States would make the locks. This we are still disposed to do; and so anxious are we to get this means of defence completed, that to hasten it we would contribute any other encouragement within the limits of our authority which might produce this effect. If, for instance, the completion of it within one year could be insured by our contributing such a sum as one or two thousand dollars a month to the amount of twenty thousand dollars, in the whole, we might do it, requiring as a consideration for our justification that the vessels of the United States should always pass toll-free. The object of this letter is to sound the principal members, without letting them know you do it by instruction from us, and to find out what moderate and reasonable aid on our part would be necessary to get a speedy conclusion of the work, and in what form that aid would be most useful, and to be so good as to communicate it to me as soon as the knowledge is obtained by yourself. I should be glad to learn, at the same time, what is the perpendicular height of the top of the levee above the surface of the water in the Mississippi in its lowest state. Five and a half feet below this would be indispensable for our purposes. I salute you with great esteem and respect.
July 12, 1808.
1. (Peyton Skipwith's letter.) I approve of the proposition to authorize the collector of St. Mary's or Savannah to permit vessels to bring to St. Mary's such supplies as in his opinion are really wanted for the individuals applying, and where he has entire confidence no fraud will be committed. But the vessels should be reasonably proportioned to the cargo. Should this be extended to Passamaquoddy?
2. (The cases of detention by Gelston and Turner.) The Legislature finding that no general rules could be formed which would not be evaded by avarice and roguery, finally authorized the collector, if there were still circumstances of suspicion, to detain the vessel. Wherever, therefore, the collector is impressed with suspicion, from a view of all circumstances, which are often indescribable, I think it proper to confirm his detention. It would be only where, from his own showing, or other good information, prejudice or false views biassed his judgment, that I should be disposed to countermand his detention.
3. The declaration of the bakers of New York, that their citizens will be dissatisfied, under the present circumstances of their country, to eat bread of the flour of their own State, is equally a libel on the produce and citizens of the State. The citizens have certainly a right to speak for themselves on such occasions, and when they do we shall be able to judge whether their numbers or characters are such as to be entitled to a sacrifice of the embargo law. If this prevails, the next application will be for vessels to go to New York for the pippins of that State, because they are higher flavored than the same species of apples growing in other States.
4. We should by all means appoint a new collector at Sackett's Harbor. If the Governor knows nobody there who can be depended on, can he not find some faithful man in the city or country who would consider the emoluments acceptable, such as they are?
5. The seizure by Mr. Illsley not being under the embargo law, will take its course. With respect to the aid of gun-boats, desired by him and Mr. Holmes of Sunbury, or any military aid, that can always be settled directly between Mr. Gallatin and the Secretaries of the Navy or War. Both those gentlemen know our extreme anxiety to give a full effect to the important experiment of the embargo, at any expense within the bounds of reason, and will, on the application of Mr. Gallatin, yield the aid of their departments without waiting the delay of consulting me.
I have gone a little into the grounds of these opinions, in order that there being a mutual understanding on these subjects, Mr. Gallatin during the time of our separation may decide on the cases occurring, without the delay of consulting me at such a distance. My principle is that the conveniences of our citizens shall yield reasonably, and their taste greatly to the importance of giving the present experiment so fair a trial that on future occasions our legislators may know with certainty how far they may count on it as an engine for national purposes.
Washington, July 14, 1808.
Sir,—If my recollection does not deceive me, the collection of the remains of the animal incognitum of the Ohio (sometimes called mammoth), possessed by the Cabinet of Natural History at Paris, is not very copious. Under this impression, and presuming that this Cabinet is allied to the National Institute, to which I am desirous of rendering some service, I have lately availed myself of an opportunity of collecting some of those remains. General Clarke (the companion of Governor Lewis in his expedition to the Pacific Ocean) being, on a late journey, to pass by the Big-bone Lick of the Ohio, was kind enough to undertake to employ for me a number of laborers, and to direct their operations in digging for these bones at this important deposit of them. The result of these researches will appear in the enclosed catalogue of specimens which I am now able to place at the disposal of the National Institute. An aviso being to leave this place for some port of France on public service, I deliver the packages to Captain Haley, to be deposited with the Consul of the United States, at whatever port he may land. They are addressed to Mr. Warden of our legation at Paris, for the National Institute, and he will have the honor of delivering them. To these I have added the horns of an animal called by the natives the Mountain Ram, resembling the sheep by his head, but more nearly the deer in his other parts; as also the skin of another animal, resembling the sheep by his fleece but the goat in his other parts. This is called by the natives the Fleecy Goat, or in the style of the natural historian, the Pokotragos. I suspect it to be nearly related to the Pacos, and were we to group the fleecy animals together, it would stand perhaps with the Vigogne, Pacos, and Sheep. The Mountain Ram was found in abundance by Messrs. Lewis and Clarke on their western tour, and was frequently an article of food for their party, and esteemed more delicate than the deer. The Fleecy Goat they did not see, but procured two skins from the Indians, of which this is one. Their description will be given in the work of Governor Lewis, the journal and geographical part of which may be soon expected from the press; but the parts relating to the plants and animals observed in his tour, will be delayed by the engravings. In the meantime, the plants of which he brought seeds, have been very successfully raised in the botanical garden of Mr. Hamilton of the Woodlands, and by Mr. McMahon, a gardener of Philadelphia; and on the whole, it is with pleasure I can assure you that the addition to our knowledge in every department, resulting from this tour of Messrs. Lewis and Clarke, has entirely fulfilled my expectations in setting it on foot, and that the world will find that those travellers have well earned its favor. I will take care that the Institute as well as yourself shall receive Governor Lewis's work as it appears.
It is with pleasure I embrace this occasion of returning you my thanks for the favor of your very valuable works, sur les poissons et les cetacées, which you were so kind as to send me through Mr. Livingston and General Turreau, and which I find entirely worthy of your high reputation in the literary world. That I have not sooner made this acknowledgment has not proceeded from any want of respect and attachment to yourself, or a just value of your estimable present, but from the strong and incessant calls of duty to other objects. The candor of your character gives me confidence of your indulgence on this head, and I assure you with truth that no circumstances are more welcome to me than those which give me the occasion of recalling myself to your recollection, and of renewing to you the assurances of sincere personal attachment, and of great respect and consideration.
Contents of the large square Box.
A Fibia.
A Radius.
Two ribs belonging to the upper part of the thorax.
Two ribs from a lower part of the thorax.
One entire vertebra.
Two spinous processes of the vertebra broken from the bodies.
Dentes molares, which appear to have belonged to the full-grown animal.
A portion of the under-jaw of a young animal with two molar teeth in it.
These teeth appear to have belonged to a first set, as they are small, and the posterior has but three grinding ridges, instead of five, the common number in adult teeth of the lower jaw.
Another portion of the under-jaw, including the symphisis, or chin. In this portion the teeth of one side are every way complete; to wit, the posterior has five transverse ridges, and the anterior three.
A fragment of the upper-jaw with one molar tooth much worn.
Molar teeth which we suppose to be like those of the mammoth or elephant of Siberia. They are essentially different from those of the mammoth or elephant of this country, and although similar in some respects to the teeth of the Asiatic elephant, they agree more completely with the description of the teeth found in Siberia in the arrangement and size of the transverse lamina of enamel. This idea, however, is not derived from actual comparison of the different teeth with each other, for we have no specimens of Siberian teeth in this country; but from inferences deduced from the various accounts and drawings of these teeth to be found in books. A few of these teeth have been found in several places where the bones of the American animal have existed.
An Astragalus.
An Oscalcis.
Os naviculare.
In the large box in which the preceding bones are, is a small one containing a promiscuous mass of small bones, chiefly of the feet.
In the large irregular-shaped box, a tusk of large size. The spiral twist in all the specimens of these tusks which we have seen, was remarked so long ago as the time of Breyneus, in his description of the tusks of the Siberian mammoth in the Philosophical Transactions, if that paper is rightly recollected, for the book is not here to be turned to at present. Many fragments of tusks have been sent from the Ohio, generally resembling portions of such tusks as are brought to us in the course of commerce. But of these spiral tusks, in a tolerable complete state, we have had only four. One was found near the head of the north branch of the Susquehanna. A second possessed by Mr. Peale, was found with the skeleton, near the Hudson. A third is at Monticello, found with the bones of this collection at the Big-bone lick of Ohio, and the fourth is that now sent for the Institute, found at the same place and larger than that at Monticello.
The smallest box contains the horns of the mountain ram, and skin of the fleecy goat.
Washington, July 15, 1808.
Sir,—I had received from you on a former occasion the four first volumes of the Memoirs of the Agricultural Society of the Seine, and since that, your letter of September 19th, with the 6th, 7th, 8th, and 9th volumes, being for the years 1804 '5 '6 with some separate memoirs. These I have read with great avidity and satisfaction, and now return you my thanks for them. But I owe particular acknowledgments for the valuable present of the Theatre de De Serres, which I consider as a prodigy for the age in which it was composed, and shows an advancement in the science of agriculture which I had never suspected to have belonged to that time. Brought down to the present day by the very valuable notes added, it is really such a treasure of agricultural knowledge, as has not before been offered to the world in a single work.
It is not merely for myself, but for my country, that I must do homage to the philanthropy of the Society, which has dictated their destination for me of their newly-improved plough. I shall certainly so use it as to answer their liberal views, by making the opportunities of profiting by it as general as possible.
I have just received information that a plough addressed to me has arrived at New York, from England, but unaccompanied by any letter or other explanation. As I have had no intimation of such an article to be forwarded to me from that country, I presume it is the one sent by the Society of the Seine, that it has been carried into England under their orders of council, and permitted to come on from thence. This I shall know within a short time. I shall with great pleasure attend to the construction and transmission to the Society of a plough with my mould board. This is the only part of that useful instrument to which I have paid any particular attention. But knowing how much the perfection of the plough must depend, 1st, on the line of traction; 2d, on the direction of the share; 3d, on the angle of the wing; 4th, on the form of the mould-board; and persuaded that I shall find the three first advantages eminently exemplified in that which the Society sends me, I am anxious to see combined with these a mould-board of my form, in the hope it will still advance the perfection of that machine. But for this I must ask time till I am relieved from the cares which have now a right to all my time, that is to say, till the next Spring. Then giving, in the leisure of retirement, all the time and attention this construction merits and requires, I will certainly render to the Society the result in a plough of the best form I shall be able to have executed. In the meantime, accept for them and yourself the assurances of my high respect and consideration.
Washington, July 15, 1808.
Sir,—I have duly received your favor of March 28th, and with it your treatises on the culture of the sugar cane and cotton plant in France. The introduction of new cultures, and especially of objects of leading importance to our comfort, is certainly worthy the attention of every government, and nothing short of the actual experiment should discourage an essay of which any hope can be entertained. Till that is made, the result is open to conjecture; and I should certainly conjecture that the sugar cane could never become an article of profitable culture in France. We have within the ancient limits of the United States, a great extent of country which brings the orange to advantage, but not a foot in which the sugar cane can be matured. France, within its former limits, has but two small spots, (Olivreles and Hieres) which brings the orange in open air, and à fortiori, therefore, none proper for the cane. I should think the sugar-maple more worthy of experiment. There is no part of France of which the climate would not admit this tree. I have never seen a reason why every farmer should not have a sugar orchard, as well as an apple orchard. The supply of sugar for his family would require as little ground, and the process of making it as easy as that of cider. Mr. Micheaux, your botanist here, could send you plants as well as seeds, in any quantity from the United States. I have no doubt the cotton plant will succeed in some of the southern parts of France. Whether its culture will be as advantageous as those they are now engaged in, remains to be tried. We could, in the United States, make as great a variety of wines as are made in Europe, not exactly of the same kinds, but doubtless as good. Yet I have ever observed to my countrymen, who think its introduction important, that a laborer cultivating wheat, rice, tobacco, or cotton here, will be able with the proceeds, to purchase double the quantity of the wine he could make. Possibly the same quantity of land and labor in France employed on the rich produce of your Southern counties, would purchase double the quantity of the cotton they would yield there. This however may prove otherwise on trial, and therefore it is worthy the trial. In general, it is a truth that if every nation will employ itself in what it is fittest to produce, a greater quantity will be raised of the things contributing to human happiness, than if every nation attempts to raise everything it wants within itself. The limits within which the cotton plant is worth cultivating in the United States, are the Rappahanock river to the north, and the first mountains to the west. And even from the Rappahanock to the Roanoke, we only cultivate for family use, as it cannot there be afforded at market in competition with that of the more Southern region. The Mississippi country, also within the same latitudes, admits the culture of cotton.
The superficial view I have yet had time to take of your treatise on the cotton plant, induces a belief that it is rich and correct in its matter, and contains a great fund of learning on that plant. When retired to rural occupations, as I shall be ere long, I shall profit of its contents practically, in the culture of that plant merely for household manufacture. In that situation, too, I shall devote myself to occupations much more congenial with my inclinations, than those to which I have been called by the character of the times into which my lot was cast. About to be relieved from this corvée by age and the fulfilment of the quadragena stipendia, what remains to me of physical activity will chiefly be employed in the amusements of agriculture. Having little practical skill, I count more on the pleasures than the profits of that occupation. They will give me, too, the leisure which my present situation nearly denies, of rendering such services as may be within my means, to the Institute, the Agricultural Society of the Seine, to yourself, and such other worthy individuals as may find any convenience in a correspondence here. I shall then be able particularly to fulfil the wishes expressed, of my sending to the Society of Agriculture a plough with my mould-board. Perhaps I may be able to add some other implements, peculiar to us, to the collection which I perceive that the Society is making. I salute you, Sir, with assurances of great esteem and respect.
Washington, July 16, 1808.
Dear Sir,—Complaints multiply upon us of evasions of the embargo laws, by fraud and force. These come from Newport, Portland, Machias, Nantucket, Martha's Vineyard, &c., &c. As I do consider the severe enforcement of the embargo to be of an importance, not to be measured by money, for our future government as well as present objects, I think it will be advisable that during this summer all the gun-boats, actually manned and in commission, should be distributed through as many ports and bays as may be necessary to assist the embargo. On this subject I will pray you to confer with Mr. Gallatin, who will call on you on his passage through Baltimore, and to communicate with him hereafter, directly, without the delay of consulting me, and generally to aid this object with such means of your department as are consistent with its situation.
I think I shall be able to leave this place by Wednesday. I will mention for your information, that the post for Milton leaves this place on Tuesdays and Fridays, and arrives at it on Sundays and, I believe, Thursdays.
I salute you with affection and respect.
Washington, July 16, 1808.
Sir,—The correspondence which you sent me the other day, between the British commanders and our officers in Moose Island, is now in the hands of Mr. Madison, and will be delivered to you on application. On consulting him and Mr. Gallatin, I find the facts to be that Moose Island has ever been in our possession, as well before as ever since the treaty of peace with Great Britain; that in the convention formed between Mr. King and the British government, about four years ago, wherein our limits in that quarter were mutually recognized, Moose Island was expressly acknowledged to belong to us; and, through an account of an article respecting Louisiana, the convention has not yet been ratified, yet both parties have acted on the article of these limits as if it had been ratified,—each party considering the parts then assigned to them as no longer questioned by the other.
I think you had better communicate the papers, with a copy of that article of the convention, to Gen. Dearborne, with these observations, from whom the answer to our officer will go with more propriety. If you will speak on this subject with Mr. Madison, he will, perhaps, be able to state to you what passed between us on this subject more fully than I have done. Accept my salutations.
Washington, July 16, 1808.
Sir,—In my letter of May 6th I asked the favor of your Excellency, as I did of the Governors of other States not furnishing in their interior country flour sufficient for the consumption of the State, to take the trouble of giving certificates, in favor of any merchants meriting confidence, for the quantities necessary for consumption beyond the interior supplies. Having desired from the Treasury Department a statement of the quantities called for under these certificates, I find that those of your Excellency, received at the Treasury, amount to 51,000 barrels of flour, 108,400 bushels of Indian corn, 560 tierces of rice, 2,000 bushels of rye, and, in addition thereto, that there had been given certificates for either 12,450 barrels of flour, or 40,000 bushels of corn. As these supplies, although called for within the space of two months, will undoubtedly furnish the consumption of your State for a much longer time, I have thought it advisable to ask the favor of your Excellency, after the receipt of this letter, to discontinue issuing any other certificates, that we may not unnecessarily administer facilities to the evasion of the embargo laws; for I repeat what I observed in my former letter, that these evasions are effected chiefly by vessels clearing coastwise. But while I am desirous of preventing the frauds which go to defeat the salutary objects of these laws, I am equally so that the fair consumption of our citizens may in nowise be abridged. It would, therefore, be deemed a great favor if your Excellency could have me furnished with an estimate, on the best data possessed, of the quantities of flour, corn, and rice, which, in addition to your internal supplies, may be necessary for the consumption, in any given time, of those parts of your State which habitually depend on importation for these articles. I ask this the more freely, because I presume you must have had such an estimate formed for the government, of your discretion in issuing the preceding certificates, and because it may be so necessary for our future government. I salute you with assurance of great respect and esteem.
Washington, July 17, 1808.
Sir,—After writing my letter of the 9th, I received one from Mr. Pitot in the name of the New Orleans Canal Company, which ought to have come with the printed report, stating more fully their views, and more explicitly the way in which we can aid them. They ask specifically that we should lend them $50,000, or take the remaining fourth of their shares now on hand. This last measure is too much out of our policy of not embarking the public in enterprises better managed by individuals, and which might occupy as much of our time as those political duties for which the public functionaries are particularly instituted. Some money could be lent them, but only on an assurance that it would be employed so as to secure the public objects. The first interests of the company will be to bring a practicable navigation from the Lake Pontchartrain through the Bayou St. Jean and Canal de Carondelet to the city, because that entitles them to a toll on the profitable part of the enterprise. But this would answer no object of the government unless it was carried through to the Mississippi, so that our armed vessels drawing five feet water might pass through. Instead therefore of the ground I suggested in my last letter, I would propose to lend them a sum of money on the condition of their applying it entirely to that part of the canal which, beginning at the Mississippi, goes round the city to a junction with the canal of Carondelet; and we may moreover at our own expense erect the locks. The Secretary at War not being here, I cannot propose these or any other terms precisely, but you may more openly than I proposed in my last letter, give these as the general shape of the aid which we contemplate, collect the ideas of individual members, and communicate them to me, so that when I shall have an opportunity of consulting the Secretary at War we may put our proposition in the form most acceptable to them. On this subject I shall wish to hear from you soon.
Mr. Livingston was here lately, and finding that we considered the Batture as now resting with Congress, and that it was our duty to keep it clear of all adversary possession till their decision is obtained, wrote a letter to the Secretary of State, which, if we understand it, amounts to a declaration that he will on his return bring the authority of the court into array against that of the executive, and endeavor to obtain a forcible possession. But I presume that the court knows too well that the title of the United States to land is subject to the jurisdiction of no court, it having never been deemed safe to submit the major interests of the nation to an ordinary tribunal, or to any one but such as the Legislature establishes for the special occasion; and the Marshal will find his duty too plainly marked out in the act of March 3, 1807, to be at a loss to determine what authority he is to obey. It will be well however that you should have due attention paid to this subject, and particularly to apprize Mr. Grymes to be prepared to take care that the public rights receive no detriment.
I salute you with great respect and esteem.
Washington, July 17, 1808.
Dear Sir,—Since I parted with you in Albemarle in September last, I have never had a line from you, nor I believe has the Secretary at War with whom you have much connection through the Indian department. The misfortune which attended the effort to send the Mandan chief home, became known to us before you had reached St. Louis. We took no step on the occasion, counting on receiving your advice so soon as you should be in place, and knowing that your knowledge of the whole subject and presence on the spot would enable you to judge better than we could what ought to be done. The constant persuasion that something from you must be on its way to us, has as constantly prevented our writing to you on the subject. The present letter, however, is written to put an end at length to this mutual silence, and to ask from you a communication of what you think best to be done to get the chief and his family back. We consider the good faith, and the reputation of the nation, as pledged to accomplish this. We would wish indeed not to be obliged to undertake any considerable military expedition in the present uncertain state of our foreign concerns, and especially not till the new body of troops shall be raised. But if it can be effected in any other way and at any reasonable expense, we are disposed to meet it.
A powerful company is at length forming for taking up the Indian commerce on a large scale. They will employ a capital the first year of 300,000, and raise it afterwards to a million. The English Mackinac company will probably withdraw from the competition. It will be under the direction of a most excellent man, a Mr. Astor, merchant of New York, long engaged in the business, and perfectly master of it. He has some hope of seeing you at St. Louis, in which case I recommend him to your particular attention. Nothing but the exclusive possession of the Indian commerce can secure us their peace.
Our foreign affairs do not seem to clear up at all. Should they continue as at present, the moment will come when it will be a question for the Legislature whether war will not be preferable to a longer continuance of the embargo.
The Presidential question is clearing up daily, and the opposition subsiding. It is very possible that the suffrage of the nation may be undivided. But with this question it is my duty not to intermeddle. I have not lately heard of your friends in Albemarle. They were well when I left that in June, and not hearing otherwise affords presumptions they are well. But I presume you hear that from themselves. We have no tidings yet of the forwardness of your printer. I hope the first part will not be delayed much longer. Wishing you every blessing of life and health, I salute you with constant affection and respect.
Washington, July 18, 1808.
Dear General,—I had written to Governor Claiborne according to what had been agreed between you and myself, after which I received a letter from Pitot on behalf of the Canal company of New Orleans, which should have accompanied the printed report I communicated to you. The letter agrees with the report, and asks specifically that we should either lend them fifty thousand dollars, or buy the remaining fourth part of their shares now on hand. On consultation with Mr. Madison, Gallatin, and Rodney, we concluded it best to say we would lend them a sum of money if they would agree to lay out the whole of it in making the canal from the Mississippi round the town to its junction with the canal of Carondelet; and I wrote to Claiborne to sound the members of the company, and to find out if there were any modifications which would render the proposition more acceptable, to communicate them to me, and that when I should have an opportunity of consulting you, we would make the proposition in form.
I send you a letter of General Wilkinson's, the papers it covered, and my answer, which will sufficiently explain themselves. That in cases of military operations some occasions for secret service money must arise, is certain. But I think that they should be more fully explained to the government than the General has done, seems also proper.
Mr. Smith will send you some British complaints on our fortifying Moose Islands, and the kind of answer recommended on consultation with the heads of departments.
We have such complaints of the breach of embargo by fraud and force on our northern water line, that I must pray your co-operation with the Secretary of the Treasury by rendezvousing as many new recruits as you can in that quarter. The Osage brought us nothing in the least interesting. I salute you with affection and respect.
Washington, July 18, 1808.
Dear Sir,—Your favor of May 28 has been duly received, and in it the proceeding of the Court on the mandamus to the collector of Charleston. I saw them with great concern because of the quarter from whence they came, and where they could not be ascribed to any political waywardness.
The Legislature having found, after repeated trials, that no general rules could be formed which fraud and avarice would not elude, concluded to leave, in those who were to execute the power, a discretionary power paramount to all their general rules. This discretion was of necessity lodged with the collector in the first instance, but referred, finally, to the President, lest there should be as many measures of law or discretion for our citizens as there were collectors of districts. In order that the first decisions by the collectors might also be as uniform as possible, and that the inconveniences of temporary detention might be imposed by general and equal rules throughout the States, we thought it advisable to draw some outlines for the government of the discretion of the collectors, and to bring them all to one tally.
With this view they were advised to consider all shipments of flour primâ facie, as suspicious. Because, if pretended to be for a State which made enough within itself, it could not, in these times, but be suspicious, and, if for a State which needed importations, we had provided, by the aid of the Governors of those States, a criterion for that case.
But your collector seems to have decided for himself that, instead of a general rule applicable equally to all, the personal character of the shipper was a better criterion, and his own individual opinion too, of that character.
You will see at once to what this would have led in the hands of an hundred collectors, of all sorts of characters, connections, and principles, and what grounds would have been given for the malevolent charges of favoritism with which the federal papers have reproached even the trust we reposed in the first and highest magistrates of particular States. It has been usual in another department, after the decision of any point by the superior tribunal is known, for the interior one to conform to that decision. The declaration of Mr. Theus, that he did not consider the case as suspicious, founded on his individual opinion of the shipper, broke down that barrier which we had endeavored to erect against favoritism, and furnished the grounds for the subsequent proceedings. The attorney for the United States seems to have considered the acquiescence of the collector as dispensing with any particular attentions to the case, and the judge to have taken it as a case agreed between plaintiff and defendant, and brought to him only formally to be placed on his records. But this question has too many important bearings on the constitutional organization of our government, to let it go off so carelessly. I send you the Attorney General's opinion on it, formed on great consideration and consultation. It is communicated to the collectors and marshals for their future government. I hope, however, the business will stop here, and that no similar case will occur. A like attempt has been made in another State, which I believe failed in the outset.
I have seen, with great satisfaction, the circumspection and moderation with which you have been so good as to act under my letter of May 6th. I owe the same approbation to some other of the Governors, but not to every one. Our good citizens having submitted to such sacrifices under the present experiment, I am determined to exert every power the law has vested in me for its rigorous fulfilment; that we may know the full value and effect of this measure on any future occasion on which a resort to it might be contemplated.
The Osage did not bring us a tittle of anything interesting. The absence of the Emperor from Paris makes that a scene of no business; and I do not think we are to consider the course of the British government as finally decided, until the nation, as well as the ministry, are possessed of the communications to Congress of March 22, and our act hanging the duration of the embargo laws on that of the orders of council. The newspapers say Mr. Rose is coming over again. Mr. Pinckney did not know this at the departure of the Osage. Yet it may be so. It is well calculated to throw dust in the eyes of the nation, and to silence all attempts of the opposition to force a change of their measures. In this view it is a masterly stroke. The truth is that their debt is become such as the nation can no longer pay its interest. Their omnipotence at sea has bloated their imaginations so as to persuade them they can oblige all nations to carry all their produce to their island as an entrepot, to pay them a tax on it, and receive their license to carry it to its ultimate market. It is indeed a desperate throw, in the language of Canning, and who knows, says he, what the dice may turn up?
I answer, we know.
Since writing so far, I received your favor of June 30th, covering resolutions of your Legislature. They are truly worthy of them, and never could declarations be better timed for dissipating the delusions in which the British government are nourished by the federal papers, and prevented from that return to justice which alone can continue our peace.
Wishing you every blessing of health and life, I salute you with assurances of great esteem and respect. Salutations.
Monticello, July 25,1808.
Dear Sir,—I enclose you the petition of Somes, to do in it whatever is agreeable to general rule.
Punqua Winchung, the Chinese Mandarin, has, I believe, his head quarters at New York, and therefore his case is probably known to you. He came to Washington just as I had left it, and therefore wrote to me, praying permission to depart for his own country with his property, in a vessel to be engaged by himself. I enclose you Mr. Madison's letter, which contains everything I know on the subject. I consider it as a case of national comity, and coming within the views of the first section of the first embargo act. The departure of this individual with good dispositions, may be the means of making our nation known advantageously at the source of power in China, to which it is otherwise difficult to convey information. It may be of sensible advantage to our merchants in that country. I cannot therefore but consider that a chance of obtaining a permanent national good should overweigh the effect of a single case taken out of the great field of the embargo. The case, too, is so singular, that it can lead to no embarrassment as a precedent.
I think, therefore, he should be permitted to engage a vessel to carry himself and his property, under such cautions and recommendations to him as you shall think best.
I leave it therefore to yourself to direct all the necessary details without further application to me, and for this purpose send you a blank passport for the vessel, &c., and Mr. Graham will obtain and forward you passports from the foreign ministers here. I salute you with affection and respect.
Monticello, July 28, 1808.
Sir,—I received duly your favor of July 1st, covering an offer of Mr. McDonald of an iron mine to the public, and I thank you for taking the trouble of making the communication, as it might have its utility. But having always observed that public works are much less advantageously managed than the same are by private hands, I have thought it better for the public to go to market for whatever it wants which is to be found there; for there competition brings it down to the minimum of value. I have no doubt we can buy brass cannon at market cheaper than we could make iron ones. I think it material too, not to abstract the high executive officers from those functions which nobody else is charged to carry on, and to employ them in superintending works which are going on abundantly in private hands. Our predecessors went on different principles; they bought iron mines, and sought for copper ones. We own a mine at Harper's Ferry of the finest iron ever put into a cannon, which we are afraid to attempt to work. We have rented it heretofore, but it is now without a tenant.
We send a vessel to France and England every six weeks, for the purposes of public as well as mercantile correspondence. These the public papers are in the habit of magnifying into special missionaries for great and special purposes. It is true that they carry our public despatches, whether the subject of the day happens to be great or small. The Osage was one of these; but she was charged with nothing more than repetitions of instructions to our ministers not to cease in their endeavors to have the obnoxious orders and decrees repealed. She brought not a tittle of the least interest. The St. Michael was another of these vessels, and may now be expected in a few days. The schooner Hope was a third, and sailed a few days ago. She may be expected a fortnight before Congress meets, and our ministers are apprized that whatsoever the belligerent powers mean to do, must be done before that time, as on the state of things then existing and known to us, Congress will have to act. I return the letter of Mr. McDonald, as it may be useful for other purposes, and salute you with esteem and respect.
Monticello, July 29, 1808.
Dear Sir,—I enclose you a letter of information of what is passing on the Canada line. To prevent it is, I suppose, beyond our means, but we must try to harass the unprincipled agents, and punish as many as we can.
I transmit, also, the petition of Tyson and James, millers of Baltimore, for permission to send a load of flour to New Orleans, to direct in it what is regular, for I do not see any circumstance in the case sufficiently peculiar to take it out of the rule. If their views are honest, as I suppose them to be, it would be a great relief to them to be permitted, by giving bond for an increased valuation, to send their flour to its destination, and equal relief to us from these tormenting applications. Yet, as the other gentlemen seemed not satisfied that it would be legal, I would not have it done on my own opinion alone, however firmly I am persuaded of its legality. Could you not in the way of conversation with some of the sound lawyers of New York, find what would be then primâ facie opinion, and if encouraged by that, we may take the opinion of the Attorney General, and others. The questions to be solved are,—first: To what place should the valuation refer? and second: Would too high a valuation render the bond null in law? On the first, I observe that the law says that bond shall be given in double the value, &c., without saying whether its value here, or at the place of sale, is meant; that, generally speaking, its value here would be understood; but that whenever the words of a law will bear two meanings, one of which will give effect to the law, and the other will defeat it, the former must be supposed to have been intended by the Legislature, because they could not intend that meaning, which would defeat their intention, in passing that law; and in a statute, as in a will, the intention of the party is to be sought after. On the second point we would ask, who is to value the cargo on which the bond is to be taken? Certainly the collector, either by himself or his agents. When the bond is put in suit it must be recovered. Neither judge nor jury can go into the question of the value of the cargo. If anybody could, it would be the chancellor; but his maxim is never to lend his power in support of fraud or wrong. The common law could only give a remedy on an action for damages, as, for instance, if a collector, by requiring too large security, prevents a party from clearing out, damages might be recovered. But in the case in question, the consent of the party would take away the error, and besides, as the voyage takes place, no damages for preventing it can be recovered. These are general considerations to be brought into view in such a conversation, which, indeed would occur to every lawyer who turned his mind to the subject at all. It would be a most important construction for the relief of the honest merchant, to whom the amount of bond is important, and to us, also, in the execution of the law; and I think its legality far more defensible than that of limiting the provisions to one-eighth of the cargo. My situation in the country gives me no opportunity to consult lawyers of the first order. Should such occur, however, I will avail myself of them.
Monticello, July 29, 1808.
Dear Sir,—The passport for the Leonidas goes by this post, to the collector of Norfolk. I return you Jarvis', Hackley's, and Montgomery's letters, and send you Hull's, Hunt's, Clarke's, and Mr. Short's, for perusal, and to be returned. On this last, the following questions arise: When exactly shall the next vessel go? Whence? Is not the secrecy of the mission essential? Is it not the very ground of sending it while the Senate is not sitting, in order that it may be kept secret? I doubt the expediency of sending one of our regular armed vessels. If we do, she should go to Petersburg direct. And yet may there not be advantage in conferences between S. and A.? I have signed the commission and letter of credence, and now enclose them. Yet I must say I think the latter is very questionable indeed, in point of property. It says that the Minister is to reside near his person; but whether we should establish it at once into a permanent legation is much to be doubted, and especially in a recess of the Senate. I should think it better to express purposes something like the following: "to bear to your Imperial Majesty the assurances of the sincere friendship of the United States, and of their desire to maintain with your Majesty and your subjects the strictest relations of intercourse and commerce; to explain to your Majesty the position of the United States, and the considerations flowing from that which should keep them aloof from the contests of Europe; to assure your Majesty of their desire to observe a faithful and impartial neutrality, if not forced from that line by the wrongs of the belligerents; and to express their reliance that they will be befriended in these endeavors by your Majesty's powerful influence and friendship towards these States." This is hasty,—it is too long, and neither the expressions nor thoughts sufficiently accurate; but something of this kind, more concise and correct, may be formed, leaving the permanency of the mission still in our power.
There is no doubt but that the transaction at New Orleans, between Ortega and the British officer with the prize sloop Guadaloupe, has been a mere fraud, to evade our regulation against the sale of prizes in our harbors; and his insolent letter intended merely to cover the fraud. His ready abandonment of the vessel, and Ortega's resumption of her, are clear proofs. Should not, or could not, process be ordered against Ortega and the vessel? I think a copy of Reeve's letter to Governor Claiborne, and of the proceedings of the court, might be sent to Mr. Erskine, with proper observations on this double outrage, and an intimation that the habitual insolence of their officers may force us to refuse them an asylum, even when seeking it in real distress, if the boon is to be abused as it has been by this insolent and dishonest officer. And as it is very possible the rascal may push his impostures to the making complaint to his government, this step with Mr. Erskine may anticipate it.
I salute you with sincere and constant affection.
Monticello, August 5, 1808.
Dear Sir,—I enclose you a letter from the Path-killer and others of the Cherokees, the object of which I do not precisely see. I suppose they are of Van's party. The sentiments are unquestionably those of a white man.
Sibley's letters present a disagreeable view. It will be troublesome if we are once compelled to use acts of force against those people. It is the more difficult as we should have to pursue them into the country beyond the Sabine, on which an understanding with the Spaniards would be necessary. But what is the meaning of our not pursuing deserters over the Rio Hondo? I thought we had so far settled that matter, as that it was understood by the Spaniards that until a final settlement of boundary, the Sabine was to be that to which each was to exercise jurisdiction. On the same principles ought we not immediately to suppress this new appointment of a Spanish Alcalde at Bayou Pierre? I ask this for information, because I do not precisely recollect what we finally intended as to Bayou Pierre, and I have not the papers here. I suppose the trial and punishment of the guilty Alibamas, and Sibley's reclamations with the tribe for reparation, will give us time till we meet to consider what is to be done. Has any and what step been taken for the recovery of Pike's men?
Governor Lewis' letter offers something more serious. The only information I have on the subject, is his letter to Governor Harrison in a newspaper, which I cut out and enclose you. The retirement of White Hairs to St. Louis is strong proof that the case is serious. As they are at war with all nations, and in order to protect them we have been endangering our peace and friendship with the other nation, would not our best course be to inform all those nations that, however desirous we have been of promoting peace among them, and however earnest our endeavors have been to restore friendship between them and the Osages particularly, we have found it impossible to bring that nation to a just and peaceable conduct towards others? That therefore we withdraw ourselves from before them, and leave them to be freely attacked and destroyed by all those who have cause of war against them? Would such a written message from me to the nations at war with them, be advisable? particularly to the Cherokees, Creeks, Chickasaws, and Choctaws, and such northern tribes as are at war with them. I do not recollect those of the latter description. Would it not be advisable to aid their war parties with provisions, and ammunition, and the repairs of their arms at our posts? Will it be necessary to authorize expeditions of militia, or only permit volunteers to join the Indian parties? or shall we leave what respects Militia to Governor Lewis? We shall certainly receive further information soon, but in the meantime I have thought we should turn it in our minds, and interchange ideas on the subject. I shall therefore be glad to hear from you on it. I salute you with constant affection and respect.
Monticello, August 6, 1808.
Dear Sir,—A complaint has come to me indirectly on the part of the Cadets at West Point, that the promotions in their corps are made on other principles than those of seniority or merit. They do not charge Colonel Williams with an unjust selection by himself, but with leaving the selection to his lieutenant, whose declaration that it was so left to him, they say can be proved. It is stated particularly that a young man from the country, uneducated, and who had been with the corps but three months, and had acquired little there, was lately made an ensign to the prejudice of much superior qualifications. His name was mentioned to me but I have forgotten it. Justice to the officers forbids us to give credit to such imputations till proved; but justice to the corps requires us so far to attend to them as to make them the subject of inquiry; and I presume this was the object of the communication to me. I now mention it to you, because in returning through New York you may have an opportunity of inquiring into it. I am much more inclined to impute to the vanity of the lieutenant the declaration he is said to have made, than to suppose Colonel Williams has really delegated so important a trust to him. I salute you with constant affection.
Monticello, August 6, 1808.
Gentlemen,—It has been represented to me on behalf of the inhabitants of the town of Washington in Pennsylvania, that by a survey made at their expense, it is found that the western road, if carried through their town, to Wheeling, would be but a mile longer, would pass through better ground, and be made at less expense; and if carried to Short Creek, instead of Wheeling, the difference of distance would still be less. The principal object of this road is a communication directly westwardly. If, however, inconsiderable deflections from this course will benefit particular places, and better accommodate travellers, these are circumstances to be taken into consideration. I have therefore to desire that, having a regard to the funds which remain, you make as good an examination as they will admit, of the best route through Washington to Wheeling, and also to Short Creek or any other point on the river, offering a more advantageous route towards Chillicothe and Cincinatti, and that you report to me the material facts, with your opinions for consideration. I salute you with respect.
Monticello, August 6, 1808.
Dear Sir,—On the subject of the western road, our first error was the admitting a deviation to Brownsville, and thus suffering a first encroachment on its principle. This is made a point d'appui to force a second, and I am told a third holds itself in reserve, so that a few towns in that quarter seem to consider all this expense as undertaken merely for their benefit. I should have listened to these solicitations with more patience, had it not been for the unworthy motives presented to influence me by some of those interested. Sometimes an opposition by force was held up, sometimes electioneering effects, as if I were to barter away, on such motives, a public trust committed to me for a different object. It seems, however, that our first error having made Brownsville, and no longer Cumberland, the point of departure, we must now go no further back in examining the claim of Washington. I have therefore written to the commissioners, the letter of which I enclose you a copy. The time saved by sending it to them direct, may be important, as they may be near their return. I am doubtful whether they have money enough left for a thorough examination. If they have, their report will enable us to decide on this second deflection. But what will Wheeling say if we take the road from it, to give it to Washington? I do not know its size or importance, nor whether some obstacles to navigation may not oppose our crossing at a higher place. I salute you with constant affection.
Monticello, August 9, 1808.
Dear Sir,—Yours of July 27th is received. It confirms the accounts we receive from others that the infractions of the embargo in Maine and Massachusetts are open. I have removed Pope, of New Bedford, for worse than negligence. The collector of Sullivan is on the totter. The tories of Boston openly threaten insurrection if their importation of flour is stopped. The next post will stop it. I fear your Governor is not up to the tone of these parricides, and I hope, on the first symptom of an open opposition of the law by force, you will fly to the scene and aid in suppressing any commotion.
I enclose you the letter of Captain Dillard, recommending Walter Bourke for appointment. I know nothing of the writers of any of the letters except Thore, Jones, and Thweat, who are good men. I like Meigs' scheme with the Cherokees, and would wish it success. But will Congress give such a sum of money. The message of the Creek Chief is so far satisfactory, that I think we should give them time. Could we engage them to assist us in destroying the guilty banditti? The letter enclosed from Cuthbert to Mr. Madison, on the means of taking Quebec, is worthy notice, and I wish you could, before your return, have an interview with him. Your office, and receipt of the letter from me, will give confidence to his communications. We have letters from Mr. Pinckney to May 30, but not one word interesting. Present me respectfully to Mrs. Dearborne, and accept my affectionate salutations.
Monticello, August 9, 1808.
Dear Sir,—I enclose you, for your information, letters from General Dearborne, P. D. Sargent, and Elisha Tracey, on the infractions of the embargo, and their ideas on the means of remedy.
I pass them through the hands of the Secretary of the Navy, with a request that he will, in concert with you, give all the aid for the enforcement of the law which his department can afford. I think the conduct of Jordan, at Sullivan, should be inquired into, with a view to his removal if found either undisposed or negligent. Indeed, the distance of his residence, if it be fact, renders it impossible he should even sufficiently superintend the due execution of the duties of his office.
We have letters from Mr. Pinckney of the 30th of May, but containing not one interesting word. If England should be disposed to continue peace with us, and Spain gives to Bonaparte the occupation she promises, will not the interval be favorable for our reprisals on the Floridas for the indemnifications withheld. Before the meeting of Congress we shall see further. I salute you with affection and respect.
Monticello, August 9, 1808.
Dear Sir,— * * * * * I have some apprehension the tories of Boston, &c., with so poor a head of a Governor, may attempt to give us trouble. I have requested General Dearborne to be on the alert, and fly to the spot where any open and forcible opposition shall be commenced, and to crush it in embryo. I am not afraid but that there is sound matter enough in Massachusetts to prevent an opposition of the laws by force. I am glad to see that Spain is likely to give Bonaparte employment. Tant mieux pour nous. Accept affectionate salutations.
Monticello, August 11, 1808.
Dear Sir,—Your letters of July 29th and August 5th, came to hand yesterday, and I now return you those of Wynne, Wolsey, Quincy, Otis, Lincoln, and Dearborne. This embargo law is certainly the most embarrassing one we have ever had to execute. I did not expect a crop of so sudden and rank growth of fraud and open opposition by force could have grown up in the United States. I am satisfied with you that if orders and decrees are not repealed, and a continuance of the embargo is preferred to war, (which sentiment is universal here), Congress must legalize all means which may be necessary to obtain its end. Mr. Smith, in enclosing to me General Dearborne's and Lincoln's letters, informs me that immediately on receiving them he gave the necessary orders to the Chesapeake, the Wasp and Argus. Still I shall pass this letter and those it encloses, through his hands for information. I am clearly of opinion this law ought to be enforced at any expense, which may not exceed our appropriation. I approve of the instructions to General Lincoln, for selling the revenue cutter there and buying another, and also of what you propose at New London and Portsmouth, and generally I wish you to do as to the revenue cutters what you shall think best, without delaying it to hear from me. You possess the details so much better than I do, and are so much nearer the principal scenes, that my approbation can be but matter of form. As to ordering out militia, you know the difficulty without another proclamation. I advise Mr. Madison to inform General Turreau that the vessels we allow to the foreign ministers are only in the character of transports, and that they cannot be allowed but where the number of persons bears the proportion to the vessel which is usual with transports. You will see by my last that on learning the situation of affairs in Spain, it had occurred to me that it might produce a favorable occasion of doing ourselves justice in the south. We must certainly so dispose of our southern recruits and armed vessels as to be ready for the occasion. A letter of June 5th from Mr. Pinckney says nothing more than that in a few days he was to have a full conference on our affairs with Mr. Canning. That will doubtless produce us immediately an interesting letter from him. I salute you affectionately.
P. S. I this day direct a commission for General Steele, vice General Shee, deceased.
Monticello, August 12, 1808.
Dear Sir,—Yours of July 30th came to hand yesterday. It has consequently loitered somewhere two posts. I am glad to learn the prompt aid you have afforded the Treasury department. To let you further understand the importance of giving all the aid we can, I pass through your hands my letter of this day to Mr. Gallatin, with those it encloses, which I will pray you, after perusal, to seal and put into the post-office. In the support of the embargo laws, our only limit should be that of the appropriations of the department. A letter of June 5th from Mr. Pinckney informs us he was to have a free conference with Canning, in a few days. Should England get to rights with us, while Bonaparte is at war with Spain, the moment may be favorable to take possession of our own territory held by Spain, and so much more as may make a proper reprisal for her spoliations. We ought therefore to direct the rendezvous of our southern recruits and gun-boats so as to be in proper position for striking the stroke in an instant, when Congress shall will it. I have recommended this to General Dearborne, as I now do to yourself. Mr. Fulton writes to me under a great desire to prepare a decisive experiment of his torpedo at Washington, for the meeting of Congress. This means of harbor-defence has acquired such respectability, from its apparent merit, from the attention shown it by other nations, and from our own experiments at New York, as to entitle it to a full experiment from us. He asks only two workmen for one month from us, which he estimates at $130 only. But should it cost considerably more I should really be for granting it, and would accordingly recommend it to you. This sum is a mere trifle as an encroachment on our appropriation. I salute you with affection and respect.
Monticello, August 12, 1808.
Dear Sir,—Yours of July 27th has been received. I now enclose you the letters of Hawkins, Harrison, Wells, Hull, and Claiborne, received from the war office, and as I conjecture, not yet seen by you. Indian appearances, both in the northwest and south, are well. Beyond the Mississippi they are not so favorable. I fear Governor Lewis has been too prompt in committing us with the Osages so far as to oblige us to go on. But it is astonishing we get not one word from him. I enclose you letters of Mr. Griff and Maclure, which will explain themselves. A letter of June 5th from Mr. Pinckney, informs us he was to have a free conference with Canning in a few days. Should England make up with us, while Bonaparte continues at war with Spain, a moment may occur when we may without danger of commitment with either France or England seize to our own limits of Louisiana as of right, and the residue of the Floridas as reprisal for spoliations. It is our duty to have an eye to this in rendezvousing and stationing our new recruits and our armed vessels, so as to be ready, if Congress authorizes it, to strike in a moment. I wish you to consider this matter in the orders to the southern recruits, as I have also recommended to the Secretary of the Navy, as to the armed vessels in the South. Indeed, I would ask your opinion as to the positions we had better take with a view to this with our armed vessels as well as troops. The force in the neighborhood of Baton Rouge is enough for that. Mobile, Pensacola and St. Augustine, are those we should be preparing for. The enforcing the embargo would furnish a pretext for taking the nearest healthy position to St. Mary's, and on the waters of Tombigbee. I salute you with affection and respect.
Monticello, August 12, 1808.
Dear Sir,—Yours of the 10th came to hand yesterday, and I return you Fronda's, Tuft's, Loderstrom's, and Turreau's letters. I think it is become necessary to let Turreau understand explicitly that the vessels we permit foreign ministers to send away are merely transports, for the conveyance of such of their subjects as were here at the time of the embargo; that the numbers must be proportioned to the vessels, as is usual with transports; and that all who meant to go away must be presumed to have gone before now,—at any rate, that none will be accommodated after the present vessel. We never can allow one belligerent to buy and fit out vessels here, to be manned with his own people, and probably act against the other. You did not return my answer to Sullivan. But fortunately I have received another letter, which will enable me to give the matter an easier turn, and let it down more softly. Should the conference announced in Mr. Pinckney's letter of June 5th, settle friendship between England and us, and Bonaparte continue at war with Spain, a moment may occur favorable, without compromitting us with either France or England, for seizing our own from the Rio Bravo to Perdido, as of right, and the residue of Florida, as a reprisal for spoliations. I have thought it proper to suggest this possibility to General Dearborne and Mr. Smith, and to recommend an eye to it in their rendezvousing and stationing the new southern recruits and gun-boats, so that we may strike in a moment when Congress says so. I have appointed General Steele successor to Shee. Mr. and Mrs. Barlow, and Mrs. Blayden, will be here about the 25th. May we hope to see Mrs. Madison and yourself then, or when? I shall go to Bedford about the 10th of September. I salute you with constant affection and respect.