THE WRITINGS OF THOMAS JEFFERSON DEFINITIVE EDITION CONTAINING HIS AUTOBIOGRAPHY, NOTES ON VIRGINA, PARLIAMENTARY MANUAL, OFFICIAL PAPERS, MESSAGES AND ADDRESSES, AND OTHER WRITINGS, OFFICIAL AND PRIVATE, NOW COLLECTED AND PUBLISHED IN THEIR ENTIRETY FOR THE FIRST TIME INCLUDING ALL OF THE ORIGINAL MANUSCRIPTS, DEPOSITED IN THE DEPARTMENT OF STATE AND PUBLISHED IN 1853 BY ORDER OF THE JOINT COMMITTE OF CONGRESS WITH NUMEROUS ILLUSTRATIONS AND A COMPREHENSIVE ANALYTICAL INDEX ALBERT ELLERY BERGH EDITOR VOL. XI. ISSUED UNDER THE AUSPICES OF THE THOMAS JEFFERSON MEMORIAL ASSOCIATION OF THE UNITED STATES WASHINGTON, D.C. 1907 COPYRIGHT, 1905, BY THE THOMAS JEFFERSON MEMORIAL ASSOCIATION JEFFERSON'S VERSATILITY. Its versatility was one of the most striking features of Thomas Jefferson's exquisite mind, which was both telescopic and microscopic in its range and operations. Shakespeare has been denominated " the Myriad-Minded. " That description may be applied to Jefferson without exaggeration or bad taste. Lord Bacon declared that he took all knowledge for his province, which Jefferson appears to have done also, although he never so stated or intimated. His bent was toward Philosophy, and the Philosophical Society of Paris voted him a gold medal for inventing a plow with mould-board of least resistance. Sir Isaac Newton is much and justly lauded by historians for devising a plan for milling the edge of coins; but Jefferson accomplished so many things of importance in so many fields of human endeavor that little mention is made of the fact that he invented our system of Coinage, Weights and Measures-based on the Decimal Notation-thereby conferring an inestimable boon upon his countrymen. Had he not been drawn by circumstances into the swirl of politics, he would as a Scientist have ranked with the Father of Inductive Philosophy, with the Jefferson's Versatility Discoverer of the Law of Gravitation and with the Captor of the Lightning. It is conceded by all his associates, whether friend or foe-and he had a full complement of both-that he thoroughly mastered the Law, to accomplish which task Lord Eldon asserted that " one must live like a hermit and work like a horse. " Jefferson subscribed to the last half of Eldon's dictum, but scorned the first half utterly, for all his days he was the most sociable of mortals, being at home equally with the plain people and with the greatest of the sons of men. While Mathematics were such a perpetual delight to him that he habitually carried with him a pocketbook of Logarithms as an aid in intricate calculations, he was thoroughly grounded in Greek, Latin, French and Italian, and was in posse as universal a linguist as Elihu Burritt, " The Learned Blacksmith. " With much labor, indefatigable industry and infinite patience, he collected fifty Indian vocabularies, the loss of which by theft he mourned always. As a Presidential scholar, he stands in a class with John Quincy Adams and James Abram Garfield. He was so "cunning with his pen," to borrow a happy phrase from John Adams, that in point of literary excellence his " Summary View of the Rights of British America," his "Declaration of Independence " and his first Inaugural Address rank with Milton's Prose, the Letters of Alexander Pope and the Book of Common Prayer. To please a friend and as a mental recreation he Jefferson's Versatility wrote his " Notes on Virginia, " which is an authority to this day and which is as pleasant reading as Goldsmith's "Animated Nature, " and much more instructive. He possessed fine musical talent and was a famous fiddler, drawing the bow with the zest of Paganini and Ole Bull. He was familiar with all systems of architecture and knew more about them than any other American of his generation. Agriculture was his hobby; he did more for its promotion than any other statesman that ever lived, and deserves to be the perpetual Emeritus President of the Patrons of Husbandry. He was the first man on this continent to reduce farming to a science. He divided his lands into plots and kept an accurate account with each, so that he could ascertain what sorts of crops were suited to particular soils. He obtained, for the planters of the South, Turin rice, which has proved a source of vast wealth to that section. He imported the first Merino sheep, which are a great success, and experimented with Fat-tail sheep, which did not flourish in our climate. While controlling the multitudinous and multifarious affairs of a nascent Republic, he somehow found time to personally establish and conduct a miniature Agricultural Department, Botanical Garden and Weather Bureau, to make Meteorological observations three times a day through a long series of years, and to note minutely the first appearance in the market and Jefferson's Versatility upon the table of each particular species of vegetable, fruit and grain, grown in this latitude. He had made a profound study of the fauna and flora of America, and was a lover of flowers, shrubs, trees and animals. He was a skilful horseman, and until the day of his death, when past the Psalmist's extreme allotment of fourscore years, he would ride nothing but the pick and choice of Virginia thoroughbreds. Some of his favorite saddle-horses, notably " Wildair " and " Eagle, " have reputations as enduring as Alexander's " Bucephalus, " Napoleon's " Marengo, " Wellington's " Copenhagen, " Robert E. Lee's "Traveler," Stonewall Jackson's "Old Sorrel" or Philip H. Sheridan's "Rienzi." Believing with all his heart that the intelligence of the masses is the true basis of free government, in his younger days he evolved the system of Public Schools now in vogue, which we boast is the chief bulwark of our liberties, and after retiring from the Presidency, founded the University of Virginia one of the greatest institutions of learning on the whole face of the earth. By these two achievements-to say nothing of his political teachings-he has perhaps exerted a wider influence over the minds of men than any of his predecessors or successors in the Chief Magistracy of the Republic. He must be counted among the greatest Lawgivers of all time. By abolishing the unjust and unnatural rule of Primogeniture he conferred a permanent benefaction upon his fellow citizens, and Jefferson's Versatility his Statute of Religious Freedom is one of the three things on which he chose to rest his fame in his celebrated epitaph and which he deemed his clearest titles to the gratitude of future generations. Had his scheme of Gradual and Rational Emancipation been adopted, the chances are that we would have escaped the countless horrors and calamities of the war between the States. He, and not Nathan Dane, was the real author of the ordinance for the government of the Northwest Territory, although Daniel Webster undertook to give the honor to the latter. Jefferson was virtually the author of the first ten amendments to the Constitution of the United States, which are in the nature of a Bill of Rights, and which contain the essence of human freedom. Napoleon declared that he would descend to posterity with his Code in his hand. Senator Hoar has said most felicitously that Jefferson comes down to us with the Declaration of Independence in one hand and the Louisiana Purchase in the other, but he will be largely and gratefully remembered for his wisdom as a Legislator for both State and Nation. He was so thoroughly grounded in the principles of government of the people, by the people and for the people, that he was a potent factor in two Revolutions-one in America, the other in France-the purpose of which was to establish the twin propositions that " All men are created equal " and that " Governments derive their just powers from the consent of the governed, " So clear was his vision vi Jefferson's Versatility as a Statesman that after a century of legislation we have not attained his lofty standard of political conduct. The strongest proof of his versatility is the fact that he is more frequently quoted than any other Statesman the world has ever known. CONTENTS. PAGE JEFFERSON'S VERSATILITY. By Hon. Champ Clark. 1 LETTERS WRITTEN AFTER His RETURN TO THE UNITED STATES, 1789-1826 1-448 To Jean Baptiste Say, February 1, 1804 1 To Rufus King, Esq., February 17, 1804 3 To the Secretary of the Treasury (Albert Galla- tin), February 19, 1804 4 To B. H. Latrobe, February 28, 1804 13 To Elbridge Gerry, March 3, 1804 15 To William Dunbar, March 13, 1804 17 To Gideon Granger, April 16, 1804 24 To Albert Gallatin, May 30, 1804 26 To Baron Alexander von Humboldt, June 9, 1804 27 To Mrs. John Adams, June 13, 1804 28 To Governor John Page, June 25, 1804 30 To judge John Tyler, June 28, 1804 32 To James Madison, July 5, 1804 35 To Governor W. C. C. Claiborne, July 7, 1804 .. 36 To Philip Mazzei, July 18, 1804 38 To Mrs. John Adams, July 22, 1804 42 To James Madison, August 15, 1804 45 To Governor W. C. C. Claiborne, August 13, 1804 47 To Albert Gallatin, September 8, 1804 48 To Mrs. John Adams, September 11, 1804 49 To John F. Mercer, October 9, 1804 53 To J. Lithgow, January 4, 1805 To John Taylor, January 6, 1805 56 viii Contents LETTERS WRITTEN AFTER His RETURN TO THE UNITED STATES, 1789-1826-Continued. PAGE To Albert Gallatin, January 26, 1805 58 To Joseph H. Nicholson, January 29, 1805 59 To C. F. C. de Volney, February 8, 1805 62 To judge John Tyler, March 29, 1805 69 To Dr. George Logan, May 11, 1805 71 To judge James Sullivan, May 21, 1805 72 To William Dunbar, May 25, 1805 74 To Dr. John Sibley, May 27, 1805 79 To Thomas Paine, June 5, 1805 81 To James Madison, August 7, 1805 84 To James Madison, August 25, 1805 85 To James Madison, August 27, 1805 86 To James Madison, September 16, 1805 89 To Albert Gallatin, October 18, 1805 91 To Doctors Rogers and Slaughter, March 2, 1806 92 To William Duane, March 22, 1806 94 To Wilson C. Nicholas, March 24, 1806 97 To Wilson C. Nicholas, April 13, 1806 98 To Levett Harris, April 19, 1806 101 To the Emperor of Russia, April 19, 1806 103 To Colonel James Monroe, May 4, 1806 106 To General Samuel Smith, May 4, 1806 111 To Thomas Digges, July 1, 1806 113 To Barnabas Bidwell, July 5, 1806 114 To James Bowdoin, July 10, 1806 118 To W. A. Burwell, September 17, 1806 121 To Albert Gallatin, October 12, 1806 126 To General James Wilkinson, January 3, 1807 127 To Albert Gallatin, January 4, 1807 131 To Albert Gallatin, January 6, 1807 131 To Charles Clay, January 11, 1807 132 To Jonathan Williams and C. W. Peale, Judges of Election for the A. P. Society, January 12, 1807 133 Contents ix LETTERS WRITTEN AFTER His RETURN TO THE UNITED STATES, 1789-1826-Continued. PAGE To Albert Gallatin, January 12, 1807 134 To John Dickinson, January 13, 1807 135 To William W. Henning, January 14, 1807 138 To Daniel Clarke, January 14, 1807 139 To General John Shee, January 14, 1807 140 To Captain Charles Christian, January 14, 1807 141 To Governor Charles Pinckney, January 20, 1807 142 To Albert Gallatin, January 24, 1807 143 To Albert Gallatin, January 31, 1807 145 To James Madison, February 1, 1807 146 To Governor Edward Tiffin, February 2, 1807.. 146 To General James Wilkinson, February 3, 1807. 147 To Governor W. C. C. Claiborne, February 3, 1807 150 To Robert Smith, February 6, 1807 152 To Albert Gallatin, February 9, 1807 153 To Thomas Seymour, February 11, 1807 154 To General Dearborn, February 14, 1807 156 To Joseph Nicholson, February 20, 1807 157 To Dr. Caspar Wistar, February 25, 1807 158 To Chandler Price, February 28, 1807 159 To the King of Holland, February 28, 1807 161 To Wilson C. Nicholas, February 28, 1807 161 To Albert Gallatin, March 7, 1807 163 To Robert Brent, March 10, 1807 164 To Albert Gallatin, March 26, 1807 165 To the Governors of Kentucky, Tennessee, Ohio and Mississippi, March 21, 1807 166 To James Monroe, March 21, 1807 167 To Robert R. Livingston, March 24, 1807 170 To ------ March 25, 1807 172 To Colonel George Morgan, March 26, 1807 173 To Tench Coxe, March 27, 1807 175 To Levett Harris, March 28, 1807 177 x Contents LETTERS WRITTEN AFTER HIS RETURN TO THE UNITED STATES, 1789-1826-Continued. PAGE To Albert Gallatin, March 29, 1807 178 To General Henry Dearborn, March 29, 1807 79 To Robert Patterson, March 29, 11807 180 To Monsieur le Comte Diodati, March 29, 1807 81 To James Bowdoin, April 2, 1807 183 To William B. Giles, April 20, 1807 187 To the Secretary of State (James Madison), April 21, 1807 192 To Albert Gallatin, April 21, 1807 194 To Julian Niemcewicz, April 22, 1807 196 To James Madison, April 25, 1807 197 To Thomas Moore, May 1, 1807 198 To James Madison, May 1, 1807 198 To Oliver Evans, May 2, 1807 200 To James Madison, May 5, 1807 202 To the Honorable John Smith, May 7, 1807 203 To James Madison, May 8, 1807 204 To George Hay, May 20, 1807 205 To, G. C. de la Coste, May 24, 1807 206 To De Witt Clinton, May 24, 1807 208 To George Hay, May 26, 1807 209 To George Hay, May 28, 1807 210 To Colonel James Monroe, May 29, 1807 211 To Monsieur Silvestre, Sécretaire de la Société d'Agriculture de Paris, May 29, 1807 212 To George Hay, June 2, 1807 213 To Albert Gallatin, June 3, 1807 215 To George Hay, June 5, 1807 218 To Isaac Weaver, Jr., June 7, 1807 219 To Dr. Horatio Turpin, June 10, 1807 221 To John Norvell, June 11, 1807 222 To William Short, June 12, 1807 227 To George Hay, June 12, 1807 228 Contents xi LETTERS WRITTEN AFTER HIS RETURN TO THE UNITED STATES, 1789-1826 Continued. PAGE To George Hay, June 17, 1807 230 To George Hay, June 19, 1807 233 To Governor James Sullivan, June 19, 1807 236 To George Hay, June 20, 1807 239 To Dr. Caspar Wistar, June 21, 1807 242 To General Wilkinson, June 21, 1807 248 To the Secretary of War (Henry Dearborn), June 22, 1807 251 To George Hay, June 23, 1807 253 To George Blake, Esq., June 24, 1807 254 To General Dearborn, June 25, 1807 255 To Albert Gallatin, June 25, 1807 255 To Governor Cabell, June 29, 1807 256 To Albert Gallatin, July 4, 1807 257 To the Vice-President of the United States (George Clinton), July 6, 1807 258 To Colonel William Tatham, July 6, 1807 259 To the Secretary of War, July 7, 1807 260 To the Masters and other Officers sailing to and from the Ports of Norfolk and Portsmouth, July 8, 1807 261 To Governor Cabell, July 8, 1807 262 To Captain J. Saunders, Fort Nelson, July 8, 1807 263 To General Matthews, July 8, 1807 264 To the Honorable Thomas Cooper, July 9, 1807. 265 To the Secretary of War, July 9, 1807 266 To Albert Gallatin, July 10, 1807 267 To James Bowdoin, July 10, 1807 268 To Captain Beatty, for himself, the other Officers and Privates of the Light Infantry Company of Georgetown, July 11, 1807 270 To Barnabas Bidwell, July 11, 1807 271 Contents LETTERS WRITTEN AFTER His RETURN TO THE UNITED STATES, 1789-1826-Continued. PAGE To the Secretary of War (Henry Dearborn), July 13, 1807 273 To Monsieur Dupont de Nemours, July 14, 1807. 274 To the Marquis de Lafayette, July 14, 1807 276 To Governor Cabell, July 16, 1807 280 To Madame de Stael de Holstein, July 16, 1807.. 281 To General Armstrong, July 17, 1807 283 To the Secretary of War (Henry Dearborn), July 17, 1807 284 To John Page, July 17, 1807 285 To Benjamin Morgan, July 18, 1807 288 To Governor William H. Cabell, July 19, 1807.. 288 To William Duane, July 20, 1807 290 To Edmund Pendleton Gaines, July 23, 1807 293 To Governor William H. Cabell, July 24, 1807 294 To Governor William H. Cabell, July 27, 1807 296 To Colonel William Tatham, July 28, 1807 299 To General Samuel Smith, July 30, 1807 300 To the Masters of Vessels in the Port of Charleston, S. C., July 30, 1807 302 To Governor William H. Cabell, July 31, 1807.. 303 To Colonel John Taylor, August 1, 1807 304 To General Dearborn, August 7, 1807 305 To His Excellency Governor Cabell, August 7, 1807 307 To Governor Meriwether Lewis, August 8, 1807 - - 310 To the Secretary of State (James Madison), August 9, 1807 311 To the Secretary of War (Henry Dearborn), Aug. 9, 1807 313 To Governor William H. Cabell, August 9, 1807. 314 To Thorndike Chase, August 9, 1807 315 To the Secretary of the Navy (Jacob Crowninshield), August 9, 1807 316 Contents xiii LETTERS WRITTEN AFTER His RETURN TO THE UNITED STATES, 1789-1826-Continued. PAGE To the Secretary of War (Henry Dearborn), Aug.11, 1807 317 To Governor William H. Cabell, August 11,1807 318 To the Secretary of War (Henry Dearborn), Aug.12, 1807 324 To the Secretary of State (James Madison), Aug.16, 1807 326 To Colonel Robert Fulton, August 16, 1807 327 To Governor William H. Cabell, August 17,1807 329 To the Secretary of War (Henry Dearborn), August 18, 1807 330 To the Secretary of State (James Madison), August 18, 1807 331 To John Nicholas, August 18, 1807 332 To James Madison, August 19, 1807 333 To Governor William H. Cabell, August 19,1807 334 To Governor William H. Cabell, August 19,1807 335 To the Secretary of the Navy (Jacob Crowninshield), August 20, 1807 336 To the Secretary of the Treasury (Albert Gallatin), August 20, 1807 337 To James Madison, August 20, 1807 338 To the Secretary of State (James Madison), August 20, 1807 340 To George Hay, August 20, 1807 341 To the Secretary of War (Henry Dearborn), Aug. 28, 1807 342 To the Secretary of State (James Madison), Aug. 30, 1807 347 xiv Contents LETTERS WRITTEN AFTER His RETURN TO THE UNITED STATES, 1789-1826-Cntinued. PAGE To the Secretary of War (Henry Dearborn), Aug.31, 1807 348 To the Secretary of State (James Madison), Sept.1, 1807 350 To Thomas Cooper, September 1, 1807 351 To the Secretary of War (Henry Dearborn), Sept.2, 1807 354 To the Secretary of the Navy (Jacob Crowninshield), September 3, 1807 355 To the Secretary of State (James Madison), September 3, 1807 357 To the Secretary of State (James Madison), September 3, 1807 358 To the Secretary of the Navy (Jacob Crowninshield), September 4, 1807 358 To George Hay, September 4, 1807 360 To the Secretary of War (Henry Dearborn), September 6, 1807 361 To Thomas Paine, September 6, 1807 362 To George Hay, September 7, 1807 363 To Governor William H. Cabell, September 7,1807 364 To George Hay, September 7, 1807 365 To the Secretary of the Navy (Jacob Crowninshield), Sept. 8, 1807 366 To John Crawford, September 8, 1807 367 To the Secretary of the Treasury (Albert Gallatin), Sept. 8 , 1807 368 To Governor William H. Cabell, September 18,1807 369 To James Madison, September 18, 1807 370 To the Secretary of the Navy (Jacob Crowninshield), Sept. 18, 1807 371 Contents xv LETTERS WRITTEN AFTER His RETURN TO THE UNITED STATES,. 1789-1826-Continued. PAGE To Robert Brent, September 19, 1807 372 To James Madison, September 20, 1807 373 To George Hay, September 20, 1807 374 To General James Wilkinson, September 20, 1807 375 To Tench Coxe, September 21, 1807 376 To the Attorney General (Robert Smith), October8, 1807 377 To Thomas Paine, October 9, 1807 378 To Governor William H. Cabell, October 1 2,1807 379 To Albert Gallatin, October 14, 1807 379 To the Secretary of War (Henry Dearborn), October 17, 1807 380 To Governor James Sullivan, October 18, 1807.. 381 To Dr. B. S. Barton, October 18, 1807 382 To James Gamble, Esq., October 21, 1807 383 To Governor William H. Cabell, October 25,1807 384 To the Secretary of War (Henry Dearborn), Oct.27, 1807 385 To Albert Gallatin, October 28, 1807 386 To Albert Gallatin, October 31, 1807 387 To Governor William H. Cabell, November 1,1807 388 To Governor Robert Williams, November 1, 1807 389 To Albert Gallatin, November 8, 1807 390 To William Short, November 15, 1807 391 To James Pemberton, November 16, 1807 394 To Daniel Eccleston, November 21, 1807 396 To James Maury, November 21, 1807 396 To Albert Gallatin, November 22, 1807 398 To Colonel John Minor, November 25, 1807 398 To Robert Fulton, December 10, 1807 400 xvi Contents LETTERS WRITTEN AFTER His RETURN TO THE UNITED STATES, 1789-1826- Continued. PAGE To Joel Barlow, December 10, 1807 400 To General John Mason 401 To Dr. Caspar Wistar, December 19, 1807 403 To General William Clarke, December 19, 1807.. 404 To General George Rogers Clarke, December 19,1807 406 To Albert Gallatin, December 24, 1807 406 To the Speaker of the House of Representatives (Joseph B. Varnum), December 26, 1807 408 To Albert Gallatin, December 29, 1807 410 To Robert R. Livingston, Esq., January 3, 1808. 411 To Doctor Benjamin Rush, January 3, 1808 412 To John Taylor, Esq., January 6, 1808 413 To Albert Gallatin, January 7, 1808 415 To Robert Smith, January 7, 1808 416 To the Secretary of War (Henry Dearborn), Jan.8, 1808 417 To Messrs. Mease, Leybert and Dickinson, of the American Philosophical Society, January 9, 1808 419 To Albert Gallatin, January 10, 1808 420 To William Wirt, Esq., January 10, 1808 423 To Robert Smith, January 14, 1808 425 To Robert Smith, January 15, 1808 426 To Mr. J. Dorsey, January 21, 1808 426 To the Rev. Samuel Miller, January 23, 1808 428 To Joel Barlow, January 24, 1808 430 To Governor Daniel D. Tomkins, January 26, 1808 431 To Jacob J. Brown, Esq., January 27, 1808 432 To Jacob J. Brown, January 27, 1808 434 To Edward Tiffin, January 30, 1808 435 To William M'Intosh, January 30, 1808 435 To Governor William H. Harrison, January 30, 437 Contents xvii LETTERS WRITTEN AFTER His RETURN TO THE UNITED STATES, 1789-1826-Continued. PAGE To Albert Gallatin, February 8, 1808 438 To Albert Gallatin, February 10, 1808 439 To Robert Smith, February 14, 1808 439 To Albert Gallatin, February 14, 1808 440 To Daniel Salmon, February 15, 1808 440 To Anthony G. Bettay, February 18, 1808 442 To Colonel James Monroe, February 18, 1808 443 To Joseph Bringhurst, February 24, 1808 445 To the Speaker of the House of Representatives (Joseph B. Varnum), February 27, 1808 446 To Albert Gallatin, February 28, 1808 448 JEFFERSON'S WORKS. LETTERS WRITTEN AFTER HIS RETURN TO THE UNITED STATES. 1780-1826. TO JEAN BAPTISTE SAY. WASHINGTON, February 1, 1804. DEAR SIR,-I have to acknowledge the receipt of your obliging letter, and with it, of two very interesting volumes on Political Economy. These found me engaged in giving the leisure moments I rarely find, to the perusal of Malthus' work on population, a work of sound logic, in which some of the opinions of Adam Smith, as well as of the economists, are ably examined. I was pleased, on turning to some chapters where you treat the same questions, to find his opinions corroborated by yours. I shall proceed to the reading of your work with great pleasure. In the meantime, the present conveyance, by a gentleman of my family going to Paris, is too safe to hazard a delay in making my acknowledgments for this mark of attention, and for having 2 Jefferson's Works afforded to me a satisfaction, which the ordinary course of literary communications could not have given me for a considerable time. The differences of circumstance between this and the old countries of Europe, furnish differences of fact whereon to reason, in questions of political economy, and will consequently produce sometimes a difference of result. There, for instance, the quantity of food is fixed,.or increasing in a slow and only arithmetical ratio, and the proportion is limited by the same ratio. Supernumerary births consequently add only to your mortality. Here the immense extent of uncultivated and fertile lands enables every one who will labor, to marry young, and to raise a family of , any size. Our food, then, may increase geometrically with our laborers, and our births, however multiplied, become effective. Again, there the best distribution of labor is supposed to be that which places the manufacturing hands alongside the agricultural; so that the one part shall feed both, and the other part furnish both with clothes and other comforts. Would that be best here? Egoism and first appearances say yes. Or would it be better that all our laborers should be employed in agriculture? In this case a double or treble portion of fertile lands would be brought into culture; a double or treble creation of food be produced, and its surplus go to nourish the now perishing births of Europe, who in return would manufacture and send us in exchange our clothes and other Correspondence 3 comforts. Morality listens to this, and so invariably do the laws of nature create our duties and interests, that when they seem to be at variance, we ought to suspect some fallacy in our reasonings. In solving this question, too, we should allow its just weight to the moral and physical preference of the agricultural, over the manufacturing, man. My occupations permit me only to ask questions. They deny me the time, if I had the information, to answer them. Perhaps, as worthy the attention of the author of the Traite d'Economie Politique, I shall find them answered in that work. If they are not, the reason will have been that you wrote for Europe; while I shall have asked them because I think for America. Accept, Sir, my respectful salutations, and assurances of great consideration. TO RUFUS KING, ESQ. WASHINGTON, February 17, 1804. DEAR SIR,-I now return you the manuscript history of Bacon's rebellion, with many thanks for the communication. It is really a valuable morsel in the history of Virginia. That transaction is the more marked, as it was the only rebellion or insurrection which had ever taken place in the colony before the American Revolution. Neither its cause nor course have been well understood, the public records containing little on the subject. It is very long since I read the several histories of Virginia, 4 Jefferson's Works but the impression remaining on my mind was not at all that which the writer gives; and it is impossible to refuse assent to the candor and simplicity of history. I have taken the liberty of copying it, which has been the reason of the detention of it. I had an opportunity, too, of communicating it to a person who was just putting into the press a history of Virginia, but all in a situation to be corrected. I think it possible that among the ancient manuscripts I possess at Monticello, I may be able to trace the author. I shall endeavor to do it the first visit I make to that place, and if with success, I will do myself the pleasure of communicating it to you. From the public records there is no hope, as they were destroyed by the British, I believe, very completely, during their invasion of Virginia. Accept my salutations, and assurances of high consideration and respect. TO THE SECRETARY OF THE TREASURY. (ALBERT GALLATIN.) February 19, 1804. Doctor Stevens having been sent by the preceding administration, in 1798, to St. Domingo , with the commission of consul-general, and also with authorities as an agent additional to the consular powers, under a stipulation that his expenses should be borne; an account of these is now exhibited to the Secretary of State, and the questions arise whether Correspondence 5 the payment can be authorized by the Executive, and out of what fund? The Constitution has made the Executive the organ for managing our intercourse with foreign nations. It authorizes him to appoint and receive ambassadors, other public ministers, and consuls. The term minister being applicable to other agents as well as diplomatic, the constant practice of the government, considered as a commentary, established this broad meaning; and the public interest approves it; because it would be extravagant to employ a diplomatic minister for a business which a mere rider would execute. The Executive being thus charged with the foreign intercourse, no law has undertaken to prescribe its specific duties. The permanent act of 1801, however, first, where he uses the agency of a minister plenipotentiary, or charge, restricts him in the sums to be allowed for outfit, salary, return, and a secretary; and second, when any law has appropriated a sum for the contingent expenses of foreign intercourse, leaves to his discretion to dispense with the exhibition of the vouchers of its expenditure in the public offices. Under these two standing provisions there is annually a sum appropriated for the expenses of intercourse with foreign nations. The purposes of the appropriation being expressed by the law, in terms as general as the duties are by the Constitution, the application of the money is left as much to the discretion of the Executive, as the performance of the duties saving always the provisions of 1801. 6 Jefferson's Works It is true that this appropriation is usually made on an estimate, given by the Secretary of State to the Secretary of the Treasury, and by him reported to Congress. But Congress, aware that too minute a specification has its evil as well as a too general one, does not make the estimate a part of their law, but gives a sum- in gross, trusting the Executive discretion for that year and that sum only; so in other departments, as of war for instance, the estimate of the Secretary specifies all the items of clothing, subsistence pay, etc., of the army. And Congress throws this into such masses-as they think best, to wit, a sum in gross for clothing, another for subsistence, a third for pay, etc., binding up the Executive discretion only by the sum, and the object generalized to a certain degree. The minute details of the-estimate are thus dispensed with in point of obligation, and the discretion of the officer is enlarged to the limits of the classification, which Congress thinks it best for the public interest to make. In the case before us, then, the sum appropriated may be applied to any agency with a foreign nation, which the Constitution has made a part of the duty of the President, as the organ of foreign intercourse. The sum appropriated is generally the exact amount of the estimate, but not always. In the present instance the estimate, being for 1803, was only of $62 550, (including two outfits,) and the appropriation was Of $75,562 leaving a difference correspondence 7 Of $13,012. If indeed, there be not enough of this appropriation left to pay Dr. Stevens' just demands, they cannot be paid until Congress shall make some appropriation applicable to them. I say his just demands, because by the undertaking of the then administration to pay his expenses, justice as well as. law will understand his reasonable expenses. These must be tried by the scale which law and usage have established, whereon the Minister, Chargé, and Secretary, are given as fixed terms of comparison. The undefined agency of Dr. Stevens must be placed opposite to that term of the scale, with which it may fairly be thought to correspond; and if he has gone beyond that, his expenses should be reduced to it. I think them beyond it, and suppose that Dr. Stevens, viewing himself as a merchant, as well as a public agent, found it answer his purposes as a merchant to apply a part of his receipts in that character in addition to what he might reasonably expect from the public, not then meaning to charge to his public character the extraordinary style of expense which he believed at the time he could afford out of his mercantile profits. [Statement of Dr. Stevens' case, referred to in preceding letter.] The Constitution having provided that the President should appoint ambassadors, other public ministers and consuls, and all other officers which shall be established by law, the first Congress which 8 Jefferson's Works met passed a law (July 1, 1790) authorizing him to draw from the treasury $40,000 annually for the support of such persons as he shall commission to serve the United States in foreign parts, and for the expense incident to the business in which they may be employed; with a proviso that, exclusive of an outfit to a Minister Plenipotentiary or Chargé, not exceeding a year's salary, he should allow to any Minister Plenipotentiary not more than $9,000 a year, for all his personal services and other expenses; to a Chargé not more than $4,500; to a Secretary not more than $1,350; and with a second proviso as to the mode of settlement. This act, which was temporary, was continued by those of 1793, February 9, 1794, March 20, 1796, May 30, 1798, March 19, till 1800, May 10, when they turned the two provisos into enacting clauses, and made them permanent, and the appropriating clause which made the body of the law before, is now annually inserted in the general appropriating law. See 1800, May 7, 1801, March 1802, May 1, 1803, March 2, and 1804, March ---. As Congress, in order to limit the discretion of officers as far as is safe, is in the practice of throwing the objects of appropriations into groups, e. g., to the Secretary of State, and clerks, and other persons in that department so much; Secretary of Treasury, etc., so much; clothing for the army so much; subsistence so much; pay so much, etc. So they might have analyzed the foreign appropriation by allowing Correspondence 9 for outfits of ministers so much; salaries of ministers so much; contingent expenses so much, etc. But they chose to throw it all into one mass, only providing that no outfit should exceed a year's salary, and no salary of a Minister be more than $9,000; of a Chargé $4,500; Secretary $1,350, etc.; leaving the President free to give them less if he chose, and to give to Ambassadors, Envoys, and other agents, what he thought proper. From the origin of the present government to this day, the construction of the laws, and the practice under them, has been to consider the whole fund (with only the limitations before mentioned) as under the discretion of the President as to the persons he should commission to serve the United States in foreign parts, and all the expenses incident to the business in which they may be employed. The grade consequently or character in which they should be employed, their allowance, etc. Thus Governor Morris was appointed by General Washington informally and without a commission to confer with the British ministers, and was allowed for eight months (I think) $1,300. Colonel Humphreys was appointed in 1790, to go as an agent to Madrid, and was allowed at the rate of $2,250 per annum. Dumas was kept at the Hague many years as an agent at $1,300 a year. Mr. Cutting was allowed disbursements for sailors in London in 1791, $233.33. Presents were made to the Chevalier Luzerne, on taking leave, worth $1,062. 10 Jefferson's Works Van Berhel $697. Du Moustier $555, in 1791. Mr. Short was sent to Amsterdam as an agent in 1792, and allowed $444.43. James Blake was sent as agent to Madrid in 1793, and received an advance Of $800. I know not how much afterwards, as I left the office of Secretary of State at the close that year. In 1794, Mr. Jay was appointed Envoy that year. Extraordinary, a grade not particularly named in the Constitution, or any law, yet General Washington fixed his allowance. During the present administration Mr. Dawson and Lieutenant Leonard have been sent on special agencies. From the beginning of the government it has been the rule when one of our ministers is ordered to another place on a special business, to allow his expenses on that special mission, his salary going on at his residence where his family remains. Mr. Short's mission from Paris to Amsterdam, from Paris to Madrid; Mr. Pinckney from London to Madrid; Mr. Murray's from the Hague to Paris, and others not recollected by me, are instances of this. These facts are stated to show that it has been the uniform opinion and practice that the whole foreign fund was placed by the Legislature on the footing of a contingent fund, in which they undertake no specifications, but leave the whole to the discretion of the President. The whole is but from forty to sixty or seventy thousand dollars. After the establishment of the general fund for foreign intercourse, Congress found it necessary to make a separate Correspondence 11 branch for the Barbary powers. This was done covertly in the beginning, to wit, in 1792, they gave $50,000 additional to the foreign fund, in 1794, $1,000,000 additional without limiting it to Barbary. Yet it was secretly understood by the President, and his discretion was trusted. In 1796, they gave $260,000 for treaties with the Mediterranean powers, in 1797, $280,259.03, for the expenses of negotiation with Algiers. They did not undertake a more minute analysis or specification, but left it to the President. The laws of 1796, May 6, 1797, March 3, 1799, March 2, give sums for specific purposes because these purposes were simple and understood by the Legislature. But in general, in this branch@ of the foreign expenses, as in the former one, the Legislature has thought that to cramp the public service by too minute specifications in cases which they could not foresee, might do more evil than a temporary trust to the President, which could be put an end to if abused. In our western governments, heretofore established, they were so well understood by Congress, that they could and did specify every item of expense, except a very small residuum for which they made contingent appropriations. But when they came provide at this session for the Louisiana government, with which they were not acquainted, they gave twenty thousand dollars for compensation to the officers of the government employed by the President, and for other civil expenses under the 12 Jefferson's Works direction of the President. And their first step towards the acquisition of that country was to confide to the President two millions of dollars under the general appropriation for foreign intercourse. These facts show that so far from having experienced evil from confiding the forty thousand dollars, foreign fund, to the discretion of the Executive without a specific analysis of its application, they have continued it on that footing, and in many other great cases where analysis was difficult or inexpedient they have given the sums in mass, and left the analysis to him, only requiring an account to be rendered. This statement has been made in order to place on its true ground the case of Doctor Stevens. He was employed by Mr. Adams as agent to St. Domingo, and was to be allowed his expenses, though these were not limited, yet the law limits them in such case to what were reasonable. Doubts have arisen at the treasury whether the Executive had a right to make such a contract, and whether there be any fund out of which it can be paid? Some doubt has been expressed whether an appropriation law gives authority to pay for the purpose of the appropriation without some particular law authorizing it. If this be the case, the forty thousand dollar fund has been paid away without authority from its first establishment; for it never has been given but by a clause of appropriation. The Executive believes this sufficient authority, and so we presume did the Legislature, or they would have given Correspondence 13 authority in some other sufficient form. And where is the rule of legal construction to be found which ascribes less effect to the words of an appropriation law, than of any other law? It is also doubted whether the estimate on which an appropriation is founded does not restrain the application to the specific articles, their number and amount as stated in the estimate? Were an appropriation law to come before a judge would he decide its meaning from its text, or would he call on the officer to produce their estimates as being a part of the law? On the whole, the following questions are to be determined: 1. Whether the laws do not justify the construction which has been uniformly given, either strictly, or at least so ambiguously, that, as in judiciary cases, the decisions which have taken place have fixed their meaning and made it law? 2. Whether they are so palpably against law that the practice must be arrested? 3. Whether it shall be arrested retrospectively as to moneys engaged but not yet actually p aid, or only as to future contracts? 4. Whether any circumstances take Dr. Stevens' case out of the conditions and rights of other foreign agencies? March 23, 1804. TO B. H. LATROBE. WASHINGTON, February 28, 1804 DEAR SIR-I am sorry the explanations attempted between Dr. Thornton and yourself, on the manner 14 Jefferson's Works of finishing the chamber of the House of Representatives, have not succeeded. At the original establishment of this place advertisements were published many months offering premiums for the best plans for a Capitol and a President's house. Many were sent in. A council was held by General Washington with the Board of Commissioners, and after very mature examination two were preferred, and the premiums given to their authors, Doctor Thornton and Hobens, and the plans were decided on. Hobens' has been executed. On Doctor Thornton's plan of the Capitol the north wing has been extended, and the south raised one story. In order to get along with any public undertaking it is necessary that some stability of plan be observed -- nothing impedes progress so much as perpetual changes of design. I yield to this principle in the present case more willingly because the plan begun for the Representative room will, in my opinion, be more handsome and commodious than anything which can now be proposed on the same area. And though the spheroidical dome presents difficulties to the executor, yet they are not beyond his art; and it is to overcome difficulties that we employ men of genius. While, however, I express my opinion that we had better go through with this wing of the Capitol on the, plan which has been settled, I would not be understood to suppose there does exist sufficient authority to control the original plan in any of its parts, and to accommodate it to Correspondence 15 changes of circumstances. I only mean that it is not advisable to change that of this wing in its present stage. Though I have spoken of a spheroidical roof, that will not be correct by the figure. Every rib will be a portion of a circle of which the radius will be determined by the span and rise of each rib. Would it not be best to make the internal columns of well-burnt brick, moulded in portions of circles adapted to the diminution of the columns? Burlington, in his notes on Palladio, tells us that he found most of the buildings erected under Palladio's direction, and described in his architecture, to have their columns made of brick in this way and covered over with stucco. I know an instance of a range of six or eight columns in Virginia, twenty feet high, well proportioned and properly diminished, executed by a common bricklayer. The bases and capitals would of course be of hewn stone. I suggest this for your consideration, and tender you my friendly salutations. TO ELBRIDGE GERRY. WASHINGTON, March 3, 1804. DEAR SIR, -- Although it is long since I received your favor of October the 27th, yet I have not had leisure sooner to acknowledge it. In the middle and southern States, as great an union of sentiment has now taken place as is perhaps desirable. For as there will always be an opposition, I believe it had 16 Jefferson's Works better be from avowed monarchists than republicans New York seems to be in danger of republican division; Vermont is solidly with us; Rhode Island with us on anomalous grounds; New Hampshire on the verge of the republican shore; Connecticut advancing towards it very slowly, but with steady step; your State only uncertain of making port at all. I had forgotten Delaware, which will be always uncertain, from the divided character of her citizens. If the amendment of the Constitution passes Rhode Island, (and we expect to hear in a day or two,) the election for the ensuing four years seems to present nothing formidable. I sincerely regret that the unbounded calumnies of the federal party have obliged me to throw myself on the verdict of my country for trial, my great desire having been to retire, at the end of the present term, to a life of tranquillity; and it was my decided purpose when I entered into office. They force my continuance. If we can keep the vessel of State as steadily in her course for another four years, my earthly purposes will be accomplished, and I shall be free to enjoy, as you are doing, my family, my farm, and my books. That your enjoyments may continue as long as you shall wish them, I sincerely pray, and tender you my friendly salutations, and assurances of great respect and esteem. Correspondence 17 TO WILLIAM DUNBAR, ESQ. WASHINGTON, March 13, 1804. DEAR SIR, -- Your favor of January 28 has been duly received, and I have read with great satisfaction your ingenuous paper on the subject of the Mississippi, which I shall immediately forward to the Philosophical Society, where it will be duly prized. To prove the value I set on it, and my wish that it may go to the public without any imperfection about it, I will take the liberty of submitting to your consideration the only passage which I think may require it. You say, page 9, " The velocity of rivers is greatest at the surface, and gradually diminishes downwards." And this principle enters into some subsequent parts of the paper, and has too much effect on the phenomena of that river not to merit mature consideration. I can but suppose it at variance with the law of motion in rivers. In strict theory, the velocity of water at any given depth in a river is (in addition to its velocity at its surface) whatever a body 18 Jefferson's Works would have acquired by falling through a space equal to that depth. If, in the middle of a river, we drop a vertical line, a e, from its surface to its bottom, and (using a perch, or rather a measure of 16.125 feet, for our unit of measure) we draw, at the depths, b c d e, (which suppose = 1.4 9.16 perch ordinates in the direction of the stream, equal to the odd numbers, 3, 5, 7, 9 perch, these ordinates will represent the additional velocities of the water per second of time, at the depth of their respective abscissa, and will terminate in a curve, a f g h i,) which will represent the velocity of their current in every point, and the whole mass of water passing on in a second of time.(1) This would be the theory of the motion of rivers, were there no friction; but the bottom being rough, its friction with the lower sheet or lamina of water will retard that lamina; the friction or viscosity of the particles of which, again, with those of the one next above, will retard that somewhat less, the 2d' retard the 3d, the 3d the 4th, and so on upwards, diminishing till the retardation becomes insensible; and the theoretic curve will be modified by that cause, as at n o, removing the maximum of motion @#(1) These ordinates are arithmetical progressionals, each of which is double the root of its abscissa, plus unit. The equation, therefore, expressing the law of the curve is y = 2 N x + 1; that is, the velocity of the water of any depth will be double the root of that depth, plus unit. Were the line a e a wall, and b f e g d h e i troughs, along which water spouted from apertures at b c d e, their intersections with the curve at f g h i would mark the point in each trough to which the water would flow in a second of time, abating for friction.@% Correspondence 19 from the bottom somewhere upwardly. Again, the same circumstances of friction and viscosity of the particles of water among themselves, will cause the lamina at the surface to be accelerated by the quicker motion of the one next below it, the 2d still more by the 3d, the 3d by the 4th, and so on downwards, the acceleration always increasing till it reached the lamina of greatest motion. The exact point of the maximum of motion cannot be calculated, because it depends on friction; but it is probably much nearer the bottom than top, because the greater power of the current there sooner overcomes the effect of the friction. Ultimately, the curve will be sensibly varied by being swelled outwardly above, and retracted inwardly below, somewhat like a k l m n o, in the preceding diagram. Indulging corollaries on this theory, let us suppose a plane surface, as a large sheet of cast-iron, let down by a cable from a boat, and made to present its surface to the current by a long vane fixed on its axis in the direction of the current. Would not the current below, laying hold of this plate, draw the boat down the stream with more rapidity than that with which it otherwise moves on the surface of the water? Again, at the cross current of the surface which flows into the Chafaleya, and endangers the drawing boats into that river, as you mention, page 18, would not the same plane surface, if let down into the under current, which moves in the direction of the bed of the main river, have the effect of drawing the vessel 20 Jefferson's Works across the lateral current prevailing at its surface, and conduct the boat with safety along the channel of the river? The preceding observations are submitted to your consideration. By drawing your attention to the subject, they will enable you, on further reflection, to confirm or correct your first opinion. If the latter, there would be time, before we print a volume, to make any alterations or additions to your paper which you might wish. We were much indebted for Your communications on the subject of Louisiana. The Substance of what was received from you, as well as others, was digested together and printed, without letting it be seen from whom the particulars came, as some were of a nature to excite ill-will. Of these Publications I sent you a copy. On the subject of the limits of Louisiana, nothing was said therein, because we thought it best first to have explanations with Spain. In the first visit, after receiving the treaty, which I paid to Monticello, which was in August, I availed myself of what I have there, to investigate the limits. While I was in Europe, I had purchased everything I could lay my hands on which related to any part of America, and particularly had a pretty full collection of the English, French and Spanish authors, on the subject of Louisiana. The information I got from these was entirely satisfactory and I threw it into a shape which would easily take the form of a memorial. I now enclose you a copy of it. One single fact in it was taken from a publication Correspondence 21 in a newspaper, supposed to be written by judge Bay, who had lived in West Florida. This asserted that the country from the Iberville to the Perdido was to this day called Louisiana, and a part of the government of Louisiana. I wrote to you to ascertain that fact, and received the information you were so kind as to send me; on the receipt of which, I changed the form of the assertion, so as to adapt it to what I suppose to be the fact, and to reconcile the testimony I have received, to wit, that though the name and division of West Florida have been retained; and in strictness, that country is still called by that name; yet it is also called Louisiana in common parlance, and even in some authentic public documents. The fact, however, is not of much importance. It would only have been an argumentum ad hominem. Although I would wish the paper enclosed never to be seen by anybody but yourself, and that it should not even be mentioned that the facts and opinions therein stated are founded in public authority, yet I have no objections to their being freely advanced in conversation, and as private and individual opinion, believing it will be advantageous that the extent of our rights should be known to the inhabitants of the country; and that however we may compromise on our Western limits, we never shall on the Eastern. I formerly acquainted you with the mission of Captain Lewis up the Missouri, and across from its head to the Pacific. He takes about a dozen men 22 Jefferson's Works with him, is well provided with instruments, and qualified to give us the geography of the line he passes along with astronomical accuracy. He is now hutted opposite the mouth of the Missouri, ready to enter it on the opening of the season. He will be at least two years on the expedition. I propose to charge the Surveyor-General N. of Ohio, with a survey of the Mississippi from its source to the mouth of the Ohio, and with settling some other interesting points of geography in that quarter. Congress will probably authorize me to explore the greater waters on the western side of the Mississippi and Missouri, to their sources. In this case I should propose to send one party up the Panis river to its source, thence along the highlands to the source of the Radoncas river and down it to its mouth, giving the whole course of both parties, corrected by astronomical observation. These several surveys will enable us to prepare a map of Louisiana, which in its contour and main waters will be perfectly correct, and will give us a skeleton to be filled up with details hereafter. For what lies north of the Missouri, we suppose British industry will furnish that. As you live so near to the point of departure of the lowest expedition, and possess and can acquire so much better the information, which may direct that to the best advantage, I have thought, if Congress should authorize the enterprise, to propose to you the unprofitable trouble of directing it. The party would consist of ten or twelve picked soldiers, volunteers with an Correspondence 23 officer, under the guidance of one or two persons, qualified to survey and correct by observations of latitude and longitude, the latter lunar, and as well informed as we can get them in the departments of botany, natural history, and mineralogy. I am told there is a Mr. Walker in your town, and a Mr. Gillespie in North Carolina, possessing good qualifications. As you know them both, you can judge whether both are qualified, should two persons go, or which is best, should. but one be sent, or whether there is any other person better qualified than either. Their pay would probably not exceed $1000 a year, to which would be added their subsistence. All preparations would be to be made at Natchez and New Orleans on your order. Instructions similar to those of Captain Lewis would go from here, to be added to by what should occur to yourself, and you would be the centre for the communications from the party to the government. Still this is a matter of speculation only, as Congress are hurrying over their business for adjournment, and may leave this article of it unfinished. In that case what I have said will be as if I had not said it. There is such a difference of opinion in Congress as to the government to be given to Louisiana, that they may continue the present one another year. I hope and urge their not doing it, and the establishment of a government on the spot capable of meeting promptly its own emergencies. Accept my friendly salutations, and assurances of great esteem and respect. 24 Jefferson's Works TO GIDEON GRANGER. MONTICELLO,,April 16, 1804. DEAR SIR, -- In our last conversation you mentioned a federal scheme afloat, of forming a coalition between the federalists and republicans, of what they called the seven eastern States. The idea was new to me, and after time for reflection I had no opportunity of conversing with you again. The federalists know, that, eo nomine, they are gone forever. Their object, therefore, is, how to return into power under some other form. Undoubtedly they have but one means, which is to divide the republicans, join the minority, and barter with them for the cloak of their name. I say, join the minority; because the majority of the republicans not needing them, will not buy them. The minority, having no other means of ruling the majority, will give a price for auxiliaries, and that price must be principle. It is true that the federalists, needing their numbers also, must also give a price, and principle is the coin they must pay in. Thus a bastard system of federo-republicanism will rise on the ruins of the true principles of our revolution. And when this party is formed, who will constitute the majority of it, which majority is then to dictate? Certainly the federalists. Thus their proposition of putting themselves into gear with the republican minority, is exactly like Roger Sherman's proposition to add Connecticut to Rhode Island. The idea Correspondence 25 of forming seven eastern States is moreover clearly to form the basis of a separation of the Union. Is it possible that real republicans can be gulled by such a bait? And for what? What do they wish that they have not? Federal measures? That is impossible. Republican measures? Have they them not? Can any one deny, that in all important questions of principle, republicanism prevails? But do they want that their individual will shall govern the majority? They may purchase the gratification of this unjust wish, for a little time, at a great price; but the federalists must not have the passions of other men, if, after getting thus into the seat of power, they suffer themselves to be governed by their minority. This minority may say, that whenever they relapse into their own principles, they will quit them, and draw the seat from under them. They may quit them, indeed, but, in the meantime, all the venal will have become associated with them, and will give them a majority sufficient to keep them in place, and to enable them to eject the heterogeneous friends by whose aid they get again into power. I cannot believe any portion of real republicans will enter into this trap; and if they do, I do not believe they can carry with them the mass of their States, advancing so steadily as we see them, to an union of principle with their brethren. It will be found in this, as in all other similar cases, that crooked schemes will end by overwhelming their authors and coadjutors in disgrace, and that he alone who walks strict and 26 Jefferson's Works upright, and who, in matters of opinion, will be contented that others should be as free as himself, and acquiesce when his opinion is fairly overruled, will attain his object in the end. And that this may be the conduct of us all, I offer my sincere prayers, as well as for your health and happiness. TO ALBERT GALLATIN. May 30, 1804. Although I know that it is best generally to assign no reason for a removal from office, yet there are also times when the declaration of a principle is advantageous. Such was the moment at which the New Haven letter appeared. It explained our principles to our friends, and they rallied to them. The public sentiment has taken a considerable stride since that, and seems to require that they should know again where we stand. I suggest therefore for your consideration, instead of the following passage in your letter to Bowen, " I think it due to candor at the same time to inform you, that I had for some time been determined to remove you from office, although a successor has not yet been appointed by the President, nor the precise time fixed for that purpose communicated to me; " to substitute this, " I think it due to candor at the same time to inform you, that the President considering that the patronage of public office should no longer be confided to one who uses it for active opposition to' the national will, had, some Correspondence 27 time since, determined to place your office in other hands. But a successor not being yet fixed on, I am not able to name the precise time when it will take place." My own opinion is, that the declaration of this principle will meet the entire approbation of all moderate republicans, and will extort indulgence from the warmer ones. Seeing that we do not mean to leave arms in the hands of active enemies, they will care the less at our tolerance of the inactive. Nevertheless, if you are strongly of opinion against such a declaration, let the letter go as you had written it. TO BARON ALEXANDER VON HUMBOLDT. June 9, 1804. Thomas Jefferson asks leave to observe to Baron de Humboldt that the question of limits of Louisiana, between Spain and the United States is this. They claim to hold to the river Mexicana or Sabine, and from the head of that northwardly along the heads of the waters of the Mississippi, to the head of the Red river and so on. We claim to the North river from its mouth to the source either of its eastern or western branch, thence to the head of Red river, and so on. Can the Baron inform me what population may be between those lines, of white, red, or black people? And whether any and what mines are within them? The information will be thankfully received. He tenders him his respectful salutations. 28 Jefferson's Works TO MRS. JOHN ADAMS. WASHINGTON, June 13, 1804. DEAR MADAM, -- The affectionate sentiments which you have had the goodness to express in your letter of May the 20th, towards my dear departed daughter, have awakened in me sensibilities natural to the occasion, and recalled your kindnesses to her, which I shall ever remember with gratitude and friendship. I can assure you with truth, they had made an indelible impression on her mind, and that to the last, on our meetings after long separations, whether I had heard lately of you, and how you did, were among the earliest of her inquiries. In giving you this assurance I perform a sacred duty for her, and, at the same time, am thankful for the occasion furnished me, of expressing my regret that circumstances should have arisen, which have seemed to draw a line of separation between us. The friendship with which you honored me has ever been valued, and fully reciprocated; and although events have been passing which might be trying to some minds, I never believed yours to be of that kind, nor felt that my own was. Neither my estimate of your character, nor the esteem founded in that, has ever been lessened for a single moment, although doubts whether it would be acceptable may have forbidden manifestations of it. Mr. Adams' friendship and mine began at an earlier date. It accompanied us through long and important scenes. The different conclusions we had Correspondence 29 drawn from our political reading and reflections, were not permitted to lessen personal esteem; each party being conscious they were the result of an honest conviction in the other. Like differences of opinion existing among our fellow citizens, attached them to one or the other of us, and produced a rivalship in their minds which did not exist in ours. We never stood in one another's way; for if either had been withdrawn at any time, his favorers would not have gone over to the other, but would have sought for some one of homogeneous opinions. This consideration was sufficient to keep down all jealousy between us, and to guard our friendship from any disturbance by sentiments of rivalship; and I can say with truth, that one act of Mr. Adams' life, and one only, ever gave me a moment's personal displeasure. I did, consider his last appointments to office as personally unkind. They were from among my most ardent political enemies, from whom no faithful co-operation could ever be expected; and laid me under the embarrassment of acting through men whose views were to defeat mine, or to encounter the odium of putting others in their places. It seems but common justice to leave a successor free to act by instruments of his own choice. If my respect for him did not perm it me to ascribe the whole blame to the influence of others, it left something for friendship to forgive, and after brooding over it for some little time, and not always resisting the expression of it, I forgave it cordially, and returned to the same state of esteem 30 Jefferson's Works and respect for him which had so long subsisted. Having come into life a little later than Mr. Adams, his career has preceded mine, as mine is followed by some other; and it will probably be closed at the same distance after him which time originally placed between us. I maintain for him, and shall carry into private life, an uniform and high measure of respect and good will, and for yourself a sincere attachment. I have thus, my dear Madam, opened myself to you without reserve, which I have long wished an opportunity of doing; and without knowing how it will be received, I feel relief from being unbosomed. And I have now only to entreat your forgiveness for this transition from a subject of domestic affliction, to one which seems of a different aspect. But though connected with political events, it has been viewed by me most strongly in its unfortunate bearings on my private friendships. The injury these have sustained has been a heavy price for what has never given me equal pleasure. That you may both be favored with health, tranquillity and long life, is the prayer of one who tenders you the assurance of his highest consideration and esteem. TO GOVERNOR JOHN PAGE. WASHINGTON, June 25, 1804. Your letter, my dear friend, of the 25th ultimo, is a new proof of the goodness of your heart, and the part you take in my loss marks an affectionate concern Correspondence 31 for the greatness of it. It is great indeed. Others may lose of their abundance, but I, of my want, have lost even the half of all I had. My evening prospects now hang on the slender thread of a single life. Perhaps I may be destined to see even this last cord of parental affection broken! The hope with which I had looked forward to the moment, when, resigning public cares to younger hands, I was to retire to that domestic comfort from which the last great step is to be taken, is fearfully blighted. When you and I look back on the country over which we have passed, what a field of slaughter does it exhibit! Where are all the friends who entered it with us, under all the inspiring energies of health and hope? As if pursued by the havoc of war, they are strewed by the way, some earlier, some later, and scarce a few stragglers remain to count the numbers fallen, and to mark yet, by their own fall, the last footsteps of their party. Is it a desirable thing to bear up through the heat of the action, to witness the death of all our companions, and merely be the last victim? I doubt it. We have, however, the traveller's consolation. Every step shortens the distance we have to go; the end of our journey is in sight, the bed wherein we are to rest, and to rise in the midst of the friends we have lost. " We sorrow not then as others who have no hope;" but look forward to the day which "joins us to the great majority." But whatever is to be our destiny, wisdom, as well as duty, dictates that we should acquiesce 32 Jefferson's Works in the will of Him whose it is to give and take away, and be contented in the enjoyment of those who are still permitted to be with us. Of those connected by blood, the number does not depend on us. But friends we have, if we have merited them. Those of our earliest years stand nearest in our affections. But in this too, you and I have been unlucky. Of our college friends (and they are the dearest) how few have stood with us in the great political questions which have agitated our country; and these were of a nature to justify agitation. I did not believe the Lilliputian fetters of that day strong enough to have bound so many. Will not Mrs. Page, yourself and family, think it prudent to seek a healthier region for the months of August and September? And may we not flatter ourselves that you will cast your eye on Monticello? We have not many summers to live. While fortune places us then within striking distance, let us avail ourselves of it, to meet and talk over the tales of other times. Present me respectfully to Mrs. Page, and accept yourself my friendly salutations, and assurances of constant affection. TO JUDGE JOHN TYLER. WASHINGTON, June 28, 1804. DEAR SIR, -- Your favor of the 10th instant has been duly received. Amidst the direct falsehoods, the misrepresentations of truth, the calumnies and Correspondence 33 the insults resorted to by a faction to mislead the public mind, and to overwhelm those entrusted with its interests, our support is to be found in the approving voice of our conscience and country, in the testimony of our fellow citizens, that their confidence is not shaken by these artifices. When to the plaudits of the honest multitude, the sober approbation of the sage in his closet is added, it becomes a gratification of an higher order. It is the sanction of wisdom superadded to the voice of affection. The terms, therefore, in which you are so good as to express your satisfaction with the course of the present administration cannot but give me great pleasure. I may err in my measures, but never shall deflect from the intention to fortify the public liberty by every possible means, and to put it out of the power of the few to riot on the labors of the many. No experiment can be more interesting than that we are now trying, and which we trust will end in establishing the fact, that man may be governed by reason and truth. Our first object should therefore be, to leave open to him all the avenues to truth. The most effectual hitherto found, is the freedom of the press. It is, therefore, the first shut up by those who fear the investigation of their actions. The firmness with which the people have withstood the late abuses of the press, the discernment they have manifested between truth and falsehood, show that they may safely be trusted to hear everything true and false, and to form a correct judgment between them. As 34 Jefferson's Works little is it necessary to impose on their senses, or dazzle their minds by pomp, splendor, or forms. Instead of this artificial, how much surer is that real respect, which results from the use of their reason, and the habit of bringing everything to the test of common sense. I hold it, therefore, certain, that to open the doors of truth, and to fortify the habit of testing everything by reason, are the most effectual manacles we can rivet on the hands of our successors to prevent their, manacling the people with their own consent. The panic into which they were artfully thrown in 1798, the frenzy which was excited in them by their enemies against their apparent readiness to abandon all the principles established for their own protection, seemed for awhile to countenance the opinions of those who say they cannot be trusted with their own government. But I. never doubted their rallying; and they did rally much sooner than I expected. On the whole, that experiment on their credulity has confirmed my confidence in their ultimate good sense and virtue. I lament to learn that a like misfortune has enabled you to estimate the afflictions of a father on the loss of a beloved child. However terrible the possibility of such another accident, it is still a blessing for you of inestimable value that you would not even then descend childless to the grave. Three sons, and hopeful ones too, are a rich treasure. I rejoice when I hear of young men of virtue and talents, worthy Correspondence 35 to receive, and likely to preserve the splendid inheritance of self-government, which we have acquired and shaped for them. The complement of midshipmen for the Tripoline squadron, is full; and I hope the frigates have left the Capes by this time. I have, however, this day, signed warrants of midshipmen for the two young gentlemen you recommended. These will be forwarded by the Secretary of the Navy. He tells me that their first services will be to be performed on board the gun boats. Accept my friendly salutations, and assurances of great esteem and respect. TO JAMES MADISON. July 5, 1804. We did not collect the sense of our brethren the other day by regular questions, but as far as I could understand from what was said, it appeared to be, -- 1. That an acknowledgment of our right to the Perdido, is a sine qua non, and no price to be given for it. 2. No absolute and perpetual relinquishment of right is to be made of the country east of the Rio Bravo del Norte, even in exchange for Florida. [I am not quite sure that this was the opinion of all.] 3. That a country may be laid off within which no further settlement shall be made by either party for a given time, say thirty years. This country to be from the Nor river eastwardly towards the Colorado, or even 36 Jefferson's Works to, but not beyond the Mexican or Sabine river. To whatever river it be extended, it might from its source run northwest, as the most eligible direction; but a due north line would produce no restraint that we should feel in twenty years. This relinquishment, and two millions of dollars, to be the price of all the Floridas east of the Perdido, or to be apportioned to whatever part they will cede. But on entering into conferences, both parties should agree that, during their continuance, neither should strengthen their situation between the Iberville, Mississippi, and Perdido, nor interrupt the navigation of the rivers therein. If they will not give such an order instantly, they should be told that we have for peace sake only, forborne till they could have time to give such an order, but that as soon as we receive notice of their refusal to give the order we shall intermit the exercise Of' our right of navigating the Mobile, and protect it, and increase our force there Pari Passu with them. TO GOVERNOR W. C. C. CLAIBORNE. WASHINGTON, July 7, 1804. DEAR SIR, -- In a letter of the 17th of April, which I wrote you from Monticello, I observed to you that as the legislative council for the territory of Orleans, was to be appointed by me, and our distance was great, and early communication on the subject was necessary, that it ought to be composed of men of Correspondence 37 integrity, of understanding, of clear property and influence among the people, well acquainted with the laws, customs, and habits of the country, and drawn from the different parts of the territory, whose population was considerable. And I asked the favor of you to inform me of the proper characters, with short sketches of the material outlines for estimating them; and I observed that a majority should be of sound American characters long established and esteemed there, and the rest of French or Spaniards, the most estimable and well affected. When in daily expectation of an answer from you, I received your favor of May 29th, whereby I perceive that my letter to you has never got to hand. I must therefore, at this late day, repeat my request to you, and ask an early answer, because after receiving it, I may perhaps have occasion to consult you again before a final determination. A letter written any time in August will find me at Monticello, near Milton, and had better be so directed. A blank commission for a Surveyor and Inspector for the port of Bayou St. John, will be forwarded to you to be filled up with any name you approve. I would prefer a native Frenchman, if you can find one proper and disposed to co-operate with us in extirpating that corruption which has prevailed in those offices under the former government, and had so familiarized itself as that men, otherwise honest, could look on that without horror. I pray you to be alive to the suppression of this odious practice, and that you bring to punishment and brand 38 Jefferson's Works with eternal disgrace every man guilty of it, whatever be his station. TO PHILIP MAZZEI. WASHINGTON, July 18, 1804. My DEAR SIR, -- It is very long, I know, since I wrote you. So constant is the pressure of business that there is never a moment, scarcely, that something of public importance is not waiting for me. I have, therefore, on a principle of conscience, thought it my duty to withdraw almost entirely from all private correspondence, and chiefly the trans-Atlantic; I scarcely write a letter a year to any friend beyond sea. Another consideration has led to this, which is the liability of my letters to miscarry, be opened, and made ill use of. Although the great body of our country are perfectly returned to their ancient principles, yet there remains a phalanx of old tories and monarchists, more envenomed, as all their hopes become more desperate. Every word of mine which they can get hold of, however innocent, however orthodox even, is twisted, tormented, perverted, and, like the words of holy writ, are made to mean everything but what they were intended to mean. I trust little, therefore, unnecessarily in their way, and especially on political subjects. I shall not, therefore, be free to answer all the several articles of your letters. On the subject of treaties, our system is to have Correspondence 39 none with any nation, as far as can be avoided. The treaty with England has therefore not been renewed, and all overtures for treaty with other nations have been declined. We believe, that with nations as with individuals, dealings may be carried on as advantageously, perhaps more so, while their continuance depends on a voluntary good treatment, as if fixed by a contract, which, when it becomes injurious to either, is made, by forced constructions, to mean what suits them, and becomes a cause of war instead of a bond of peace. We wish to be on the closest terms of friendship with Naples, and we will prove it by giving to her citizens, vessels and goods all the privileges of the most favored nation; and while we do this voluntarily, we cannot doubt they will voluntarily do the same for us. Our interests against the Barbaresques being also the same, we have little doubt she will give us every facility to insure them, which our situation may ask and hers admit. It is not, then, from a want of friendship that we do not propose a treaty with Naples , but because it is against our system to embarrass ourselves with treaties, or to entangle ourselves at all with the affairs of Europe. The kind offices we receive from that government are more sensibly felt, as such, than they would be, if rendered only as due to us by treaty. Five fine frigates left the Chesapeake the 1st instant for Tripoli, which, in addition to the force now there, will, I trust, recover the credit which Commodore Morris' two years' sleep lost us, and for which he has 40 Jefferson's Works been broke. I think they will make Tripoli sensible, that they mistake their interest in choosing war with us; and Tunis also, should she have declared war as we expect, and almost wish. Notwithstanding this little diversion, we pay seven or eight millions of dollars annually of our public debt, and shall completely discharge it in twelve years more. That done, our annual revenue, now thirteen millions of dollars, which by that time will be twenty-five, will pay the expenses of any war we may be forced into, without new taxes or loans. The spirit of republicanism is now in almost all its ancient vigor, five-sixths of the people being with us. Fourteen of the seventeen States are completely with us, and two of the other three will be in one year. We have now got back to the ground on which you left us. I should have retired at the end of the first four years, but that the immense load of tory calumnies which have been manufactured respecting me, and have filled the European market, have obliged me to appeal once more to my country for a justification. I have no fear but that I shall receive honorable testimony by their verdict on those calumnies. At the end of the next four years I shall certainly retire. Age, inclination and principle all dictate this. My health, which at one time threatened an unfavorable turn, is now firm. The acquisition of Louisiana, besides doubling our extent, and trebling our quantity of fertile country, is of incalculable value, as relieving us from the danger of war. It has enabled Correspondence 41 us to do a handsome thing for Fayette. He had received a grant of between eleven and twelve thousand acres north of Ohio, worth, perhaps, a dollar an acre. We have obtained permission of Congress to locate it in Louisiana. Locations can be found adjacent to the city of New Orleans, in the island of New Orleans and in its vicinity, the value of which cannot be calculated. I hope it will induce him to come over and settle there with his family. Mr. Livingston having asked. leave to return, General Armstrong, his brother-in-law, goes in his place: he is of the first order of talents. Remarkable deaths lately, are, Samuel Adams, Edmund Pendleton, Alexander Hamilton, Stephens Thompson Mason, Mann Page, Bellini, and Parson Andrews. To these I have the inexpressible grief of adding the name of my youngest daughter, who had married a son of Mr. Eppes, and has left two children. My eldest daughter alone remains to me, and has six children. This loss has increased my anxiety to retire, while it has dreadfully lessened the comfort of doing it. Wythe, Dickinson, and Charles Thompson are all living, and are firm republicans. You informed me formerly of your marriage, and your having a daughter, but have said nothing in your late letters on that subject. Yet whatever concerns your happiness is sincerely interesting to me, and is a subject of anxiety, retaining as I do, 42 Jefferson's Works cordial sentiments. of esteem and affection for you. Accept, I pray you, my sincere assurances of this, with my most friendly salutations. TO MRS. JOHN ADAMS. WASHINGTON, July 22, 1804. DEAR MADAM, -- Your favor of the 1st instant was duly received, and I would not have again intruded on you, but to rectify certain facts which seem not to have been presented to you under their true aspect. My charities to Callendar are considered as rewards for his calumnies. As early, I think, as 1796, I was told in Philadelphia that Callendar, the author of the Political Progress of Britain, was in that city, a fugitive from persecution for having written that book, and in distress. I had read and approved the book; I considered him as a man of genius, unjustly persecuted. I knew nothing of his private character, and immediately expressed my readiness to contribute to his relief, and to serve him. It was a considerable time after, that, on application from a person who thought of him as I did, I contributed to his relief, and afterwards repeated the contribution. Himself I did not see till long after, nor ever more than two or three times. When he first began to write, he told some useful truths in his coarse way; but nobody sooner disapproved of his writing than I did, or wished more that he would be silent. My charities to him were no more meant as encouragements to his 43 Correspondence scurrilities, than those I give to the beggar at my door are meant as rewards for the vices of his life, and to make them chargeable to myself. In truth, they would have been greater to him, had he never written a word after the work for which he fled from Britain. With respect to the calumnies and falsehoods which writers and printers at large published against Mr. Adams, I was as far from stooping to any concern or approbation of them, as Mr. Adams was respecting those of Porcupine, Fenno, or Russel, who published volumes against me for every sentence vended by their opponents against Mr. Adams. But I never supposed Mr. Adams had any participation in the atrocities of these editors, or their writers. I knew myself incapable of that base warfare, and believed him to be so. On the contrary, whatever I may have thought of the acts of the administration of that day, I have ever borne testimony to Mr. Adams' personal worth; nor was it ever impeached in my presence, without a just vindication of it on my part. I never supposed that any person who knew either of us, could believe that either of us meddled in that dirty work. But another fact is, that I "liberated a wretch who was suffering for a libel against Mr. Adams." I do not know who was the particular wretch alluded to; but I discharged every person under punishment or prosecution under the sedition law, because I considered, and now consider, that law to be a nullity, as absolute and as palpable as if Congress had ordered us to fall down and worship a 44 Jefferson's Works golden image; and that it was as much my duty to arrest its execution in every stage, as it would have been to have rescued from the fiery furnace those who should have been cast into it for refusing to worship the image. It was accordingly done in every instance, without asking what the offenders had done, or against whom they had offended, but whether the pains they were suffering were inflicted under the pretended sedition law. It was certainly possible that my motives for contributing to the relief of Callendar, and liberating sufferers under the sedition law, might have been to protect, encourage, and reward slander; but they may also have been those which inspire ordinary charities to objects of distress, meritorious or not, or the obligation of an oath to protect the Constitution, violated by an unauthorized act of Congress. Which of these were my motives, must be decided by a regard to the general tenor of my life. On this I am not afraid to appeal to the nation at large, to posterity, and still less to that Being who sees himself our motives, who will judge us from his own knowledge of them, and not on the testimony of Porcupine or Fenno. You observe, there has been one other act of my administration personally unkind, and suppose it will readily suggest itself to me. I declare on my honor, Madam, I have not the least conception what act was alluded to. I never did a single one with an unkind intention. My sole object in this letter being to place before your attention, that the acts imputed Correspondence 45 to me are either such as are falsely imputed, or as might flow from good as well as bad motives, I shall make no other addition, than the assurances of my continued wishes for the health and happiness of yourself and Mr. Adams. TO JAMES MADISON. MONTICELLO, August 15, 1804. DEAR SIR, -- Your letter dated the 7th should probably have been of the 14th, as I received it only by that day's post. I return you Monroe's letter, which is of an awful complexion; and I do not wonder the communications it contains made some impression on him. To a person placed in Europe, surrounded by the immense resources of the nations there, and the greater wickedness of their courts, even the limits which nature imposes on their enterprises are scarcely sensible. It is impossible that France and England should combine for any purpose; their mutual distrust and deadly hatred of each other admit no co-operation. It is impossible that England should be willing to see France re-possess Louisiana, or get footing on our continent, and that France should willingly see the United States re-annexed to the British dominions. That the Bourbons should be replaced on their throne and agree to any terms of restitution, is possible; but that they and England joined, could recover us to British dominion, is impossible. If these things are not so, then human 46 Jefferson's Works reason is of no aid in conjecturing the conduct of nations. Still, however, it is our Unquestionable interest and duty to conduct ourselves with such sincere friendship and impartiality towards both nations, as that each may see unequivocally, what is unquestionably true, that we may be very possibly driven into her scale by unjust conduct in the other. I am so much impressed with the expediency of putting a termination to the right of France to patronize the rights of Louisiana, which will cease with their complete adoption as citizens of the United States, that I hope to see that take place on the meeting of Congress. I enclosed you a paragraph from a newspaper respecting St. Domingo, which gives me uneasiness. Still I conceive the British insults in our harbor as more threatening. We cannot be respected by France as a neutral nation, nor by the world ourselves as an independent one, if we do not take effectual measures to support, at every risk, our authority in Our own harbors. I shall write to Mr. Wagner directly (that a post may not be lost by passing through you) to send us blank commissions for Orleans and Louisiana, ready sealed, to be filled up, signed and forwarded by us. Affectionate salutations and constant esteem. Correspondence 47 TO GOVERNOR W. C. C. CLAIBORNE. MONTICELLO, August 13, 1804. DEAR SIR, -- Various circumstances of delay have prevented my forwarding till now, the general arrangements of the government of the territory of Orleans. Enclosed herewith you will receive the commissions. Among these is one for yourself as Governor. With respect to this I will enter into frank explanations. This office was originally destined for a person(1) whose great services and established fame would have rendered him peculiarly acceptable to the nation at large. Circumstances, however, exist, which do not now permit his nomination, and perhaps may not at any time hereafter. That, therefore, being suspended and entirely contingent, your services have been so much approved as to leave no desire to look elsewhere to fill the office. Should the doubts you have sometimes expressed, whether it would be eligible for you to continue, still exist in your mind, the acceptance of the commission gives you time to satisfy yourself by further experience, and to make the time and manner of withdrawing, should you ultimately determine on that, agreeable to yourself. Be assured that whether you continue or retire, it will be with every disposition on my part to be just and friendly to you. I salute you with friendship and respect. @#(1) In the margin is written by the author, "La Fayette."@% 48 Jefferson's Works TO THE SECRETARY OF THE TREASURY (ALBERT GALLATIN). MONTICELLO, September 8, 1804. DEAR SIR, -- As we shall have to lay before Congress the proceedings of the British vessels at New York, it will be necessary for us to say to them with certainty which specific aggressions were committed within the common law, which within the admiralty jurisdiction, and which on the high seas. The rule of the common law is that wherever you can see from land to land, all the Water within the line of sight is in the bo I dy of the adjacent county and within common law jurisdiction. Thus, if in this curvature you can see from a to b, all the water within the line of sight is within common law jurisdiction, and a murder committed at c is to be tried as at common law. Our coast is generally visible, I believe, by the time you get within about twenty-five miles. I suppose that at New York you must be some miles out of the Hook before the opposite shores recede twenty-five miles from each other. The three miles of maritime jurisdiction is always to be counted from this line of sight. It will be necessary we should be furnished with the most accurate chart to be had of the shores a@d waters in the neighborhood of the Hook; and that we may be able to ascertain on it the spot of every aggression. I presume it would be within the province of Mr. Gelston to procure such a chart, and to ascertain the positions of the offending Correspondence 49 vessels. If I am right in this, will you be so good as to instruct him so to do? I think the officers of the federal government are meddling too much with the public elections. Will it be best to admonish them privately or by proclamation? This for consideration till we meet. I shall be at Washington by the last day of the month. I salute you with affection and respect. TO MRS. JOHN ADAMS. MONTICELLO, September 11, 1804. Your letter, Madam, of the 18th of August has been some days received, but a press of business has prevented the acknowledgment of it: perhaps, indeed, I may have already trespassed too far on your attention. With those who wish to think amiss of me, I have learned to be perfectly indifferent; but where I know a mind to be ingenuous, and to need only truth to, set it to rights, I cannot be as passive . The act of personal unkindness alluded to in your former letter, is said in your last to have been the removal of your eldest son from some office to which the judges had appointed him. I conclude then he must have been a commissioner of bankruptcy. But I declare to you, on my honor, that this is the first knowledge I have ever had that he was so. It may be thought, perhaps, that I ought to have inquired who were such, before I appointed others. But it is to be observed, that the former law permitted the judges to name 50 Jefferson's Works commissioners occasionally, only for every case as it arose, and not to make them permanent officers. Nobody, therefore, being in office, there could be no removal. The judges, you well know, have been considered as highly federal; and it was noted that they confined their nominations exclusively to federalists. The Legislature, dissatisfied with this, transferred the nomination to the President, and made the offices permanent. The very object in passing the law was, that he should correct, not confirm, what was deemed the partiality of the judges. I thought it therefore proper to inquire, not whom they had employed, but whom I ought to appoint to fulfils the intentions of the law. In making these appointments, I put in a proportion of federalists, equal, I believe, to the proportion they bear in numbers through the Union generally. Had I known 'that your son had acted, it would have been a real pleasure to me to have preferred him to some who were named in Boston, in what was deemed the same line of politics. To this I should have been led by ray knowledge of his integrity, as well as my sincere dispositions towards yourself and Mr. Adams. You seem to think it devolved on the judges to decide on the validity of the sedition law. But nothing in the Constitution has given them a right to decide for the Executive, more than to the Executive to decide for them. Both magistrates are equally independent in the sphere of action assigned to them. The judges, believing the law constitutional, had a Correspondence 51 right to pass a sentence of fine and imprisonment; because the power was placed in their hands by the Constitution. But the executive, believing the law to be unconstitutional, were bound to remit the execution of it; because that power has been confided to them by the Constitution. That instrument meant that its co-ordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislature and executive also, in their spheres, would make the judiciary a despotic branch. Nor does the opinion of the unconstitutionality, and consequent nullity of that law, remove all restraint from the overwhelming torrent of slander, which is confounding all vice and virtue, all truth and falsehood, in the United States. The power to do that is fully possessed by the several State Legislatures. It was reserved to them, and was denied to the General Government, the Constitution, according to our construction of it. While we deny that Congress have a right to control the freedom of the press, we have ever asserted the right of the States, and their exclusive right, to do so. They have accordingly, all of them, made provisions for punishing slander, which those who have time and inclination, resort to for the vindication of their characters. In general, the State laws appear to have made the presses responsible for slander as far as is consistent with its useful freedom 52 Jefferson's Works In those States where they do not admit even the truth of allegations to protect the printer, they have gone too far. The candor manifested in your letter, and which I ever believed you to possess, has alone inspired the desire of calling your attention, once more, to those circumstances of fact and motive by which I claim to be judged. I hope you will see these intrusions on your time to be, what they really are, proofs of my great respect for you. I tolerate with the utmost latitude the right of others to differ from me in opinion without imputing to them criminality. I know too well the weakness and uncertainty of human reason to wonder at its different results. Both of our political parties, at least the honest part of them, agree conscientiously in the same object - the public good; but they differ essentially in what they deem the means of promoting that good. One side believes it best done by one composition of the governing powers; the other, by a different one. One fears most the ignorance of the people; the other, the selfishness of rulers independent of them. Which is right, time and experience will prove. We think that one side of this experiment has been long enough tried, and proved not to promote the good of the many; and that the other has not been fairly and sufficiently tried. Our opponents think the reverse. With whichever opinion the body of the nation concurs, that must prevail. My anxieties on this subject will never carry me beyond the use of fair and honorable Correspondence 53 means, of truth and reason; nor have they ever lessened my esteem for moral worth, nor alienated my affections from a single friend, who did not first withdraw himself. Whenever this has happened, I confess I have not been insensible to it; yet have ever kept myself open to a return of their justice. I conclude with sincere prayers for your health and happiness, that yourself and Mr. Adams may long enjoy the tranquillity you desire and merit, and see in the prosperity of your family what is the consummation of the last and warmest of human wishes. TO JOHN F. MERCER, ESQ. WASHINGTON, October 9, 1804. DEAR SIR, -- Your favor of September 28th, in behalf of Mr. Harwood, was duly received; the grounds on which one of the competitors stood, set aside of necessity all hesitation. Mr. Hall's having been a member of the Legislature, a Speaker of the Representatives, and a member of the Executive. Council, were evidences of the respect of the State towards him, which our respect for the State could not neglect. You say you are forcibly led to say something on another subject very near your heart, which you defer to another opportunity. I presume it to be on your political situation, and perhaps the degree in which it may bear on our friendship. In the first case I declare to you that I have never suffered political opinion to enter into the estimate of 54 Jefferson's Works my private friendships; nor did I ever abdicate the society of a friend on that account till he had first withdrawn from mine. Many have left me on that account, but with many I still preserve affectionate intercourse, only avoiding to speak on politics, as with a Quaker or Catholic I would avoid speaking on religion. But I do not apply this to you; for however confidently it has been affirmed, I have not supposed that you have changed principles. What in fact is the difference of principle between the two parties here? The one desires to preserve an entire independence of the executive and legislative branches on each other, and the dependence of both on the same source - the free election of the people. The other party wishes to lessen the dependence of the Executive and of one branch of the Legislature on the people, some by making them hold for life, some hereditary, and some even for giving the Executive an influence by patronage or corruption over the remaining popular branch, so as to reduce the elective franchise to its minimum. I shall not believe you gone over to the latter opinions till better evidence than I have had. Yet were it the case, I repeat my declaration that exclusive of political coincidence of opinion, I have found a sufficiency of other qualities in you to value and cherish your friendship, Correspondence 55 TO MR. LITHSON. WASHINGTON, January 4, 1805. DEAR SIR, -- Your favor of December 4th has been duly received. Mr. Duane informed me that he meant to publish a new edition of the Notes on Virginia, and I had in contemplation some particular alterations which would require little time to make. My occupations by no means permit me at this time to revise the text, and make those changes in it which I should now do. I should in that case certainly qualify several expressions in the nineteenth chapter, which have been construed differently from what they were intended. I had under my eye, when writing, the manufacturers of the great cities in the old countries, at the time present, with whom the want of food and clothing necessary to sustain life, has begotten a depravity of morals, a dependence and corruption, which renders them an undesirable accession to a country whose morals are sound. My expressions looked forward to the time when our own great cities would get into the same state. But they have been quoted as if meant for the present time here. As yet our manufacturers are as much at their ease, as independent and moral as our agricultural inhabitants, and they will continue so as long as there are vacant lands for them to resort to; because whenever it shall be attempted by the other classes to reduce them to the minimum of subsistence, they will quit their trades and go to laboring. the earth. A 56 Jefferson's Works first question is, whether it is desirable for us to receive at present the dissolute and demoralized handicraftsman of the old cities of Europe? A second and more difficult one is, when even good handicraftsmen arrive here, is it better for them to set up their trade, or go to the culture of the earth? Whether their labor in their trade is worth more than their labor on the soil, increased by the creative energies of the earth? Had I time to revise that chapter, this question should be discussed, and other views of the subject taken, which are presented by the wonderful changes which have taken place here since 1781, when the Notes on Virginia were written. Perhaps when I retire, I may amuse myself with a serious review of this work; at present it is out of the question. Accept my salutations and good wishes. TO JOHN TAYLOR, ESQ. WASHINGTON, January 6, 1805. DEAR SIR, -- Your favor of December 26th has been duly received, as a proof of your friendly partialities to me, of which I have so often had reason to be sensible. My opinion originally was that the President of the United States should have been elected for seven years, and forever ineligible afterwards. I have since become sensible that seven years is too long to be irremovable, and that there should be a peaceable way of withdrawing a man in midway who is doing wrong. The service for eight years, with a Correspondence 57 power to remove at the end of the first four, comes nearly to my principle as corrected by experience; and it is in adherence to that, that I determine to withdraw at the end of my second term. The danger is that the indulgence and attachments of the people will keep a man in the chair after he becomes a dotard, that re-election through life shall become habitual, and election for life follow that. General Washington set the example of voluntary retirement after eight years. I shall follow it. And a few more precedents will oppose the obstacle of habit to any one after awhile who shall endeavor to extend his term. Perhaps it may beget a disposition to establish it by an amendment of the Constitution. I believe I am doing right therefore in pursuing my principle. I had determined to declare my intention, but I have consented to be silent on the opinion of friends, who think it best not to put a continuance out of my power in defiance of all circumstances. There is, however, but one circumstance which could engage my acquiescence in another election; to wit, such a division about a successor, as might bring in a. monarchist. But that circumstance is impossible. While, therefore, I shall make no formal declaration to the public of my purpose, I have freely let it be understood in private conversation. In this I am persuaded yourself and my friends generally will approve of my views. And should I, at the end of a second term, carry into retirement all the favor which the first has acquired, I shall feel the consolation 58 Jefferson's Works of having done all the good in my power, and expect with more than composure the termination of a life no longer valuable to others or of importance to myself. Accept my affectionate salutations, and assurances of great esteem and respect. TO ALBERT GALLATIN. January 26, 1805. The question arising on Mr. Simons' letter of January 10th is whether sea-letters shall be given to the vessels of citizens neither born nor residing in the United States. Sea-letters are the creatures, of treaties. No act of the ordinary legislature requires them. The only treaties now existing with us, and calling for them, are those with Holland, Spain, Prussia, and France. In the two former we have stipulated that when the other party shall be at war, the vessels belonging to our people shall be furnished with sea-letters; in the two latter that the vessels of the neutral party shall be so furnished. France being now at war, the sea-letter is made necessary for our vessels; and consequently it is our duty to furnish them. The laws of the United States confine registers to home-built vessels belonging to citizens; but they do not make it unlawful for citizens to own foreign-built vessels; and the treaties give the right of sea-letters to all vessels belonging to citizens. But who are citizens? The laws of registry consider a citizen ship obtained by a foreigner who comes Correspondence 59 merely for that purpose, and returns to reside in his own country, as fraudulent, and deny a register to such an one, even owning home-built vessels. I consider distinction as sound and safe, and that we ought not to give sea-letters to a vessel belonging to such a pseudo-citizen. It compromises our peace, by lending our flag to cover the goods of one of the belligerents to the injury of the other. It produces vexatious searches on the vessels of our real citizens, and gives to others the participation of our neutral advantages, which belong to the real citizen only. And inasmuch as an uniformity of rule between the different branches of the government is convenient and proper, I would propose as a rule that sea-letters be given to all vessels belonging to citizens under whose ownership of a registered vessel such vessel would be entitled to the benefits of her register. Affectionate salutations. TO JOSEPH H. NICHOLSON. WASHINGTON, January 29, 1805. DEAR SIR, -- Mr. Eppes has this moment put into my hands your letter of yesterday, asking information on the subject of the gunboats proposed to be built. I lose no time in communicating to you fully my whole views respecting them, premising a few words on the system of fortifications. Considering the harbors which, from their situation and importance, are entitled to defence, and the estimates we 60 Jefferson's Works have seen of the fortifications planned for some of them, this system cannot be completed on moderate scale for less than fifty millions of dollars, nor manned in time of war, with less than fifty thousand men, and in peace, two thousand. And when done they avail little; because all military men agree wherever a vessel may pass a fort without tacking under her guns, which is the case at all our seaport towns, she may be annoyed more or less, according to the advantages of the position, but can never be prevented. Our own experience during the war proved this on different occasions. Our predecessors have, nevertheless, proposed to go into this system, and had commenced it. But. no law requiring us to proceed, we have suspended it. If we cannot hinder vessels from entering our harbors, we should turn our attention to the putting it out of their power to lie, or come to, before a town to injure it. Two means of doing this may be adopted in aid of each other. 1. Heavy cannon travelling carriages, which may be moved to any point on the bank or beach most convenient for dislodging the vessel. A sufficient number of these should be lent to each seaport town, and their militia trained to them. The executive is authorized to do this; it has been done in a small degree, and will now be done more competently. 2. Having cannon on floating batteries or boats, which may be so stationed as to prevent a vessel entering the harbor, or force her, after entering, to Correspondence 61 depart. There are about fifteen harbors in the United States which ought to be in a state of substantial defence. The whole of these would require, according to the best opinions, two hundred and forty gunboats. Their cost was estimated by Captain Rogers at two thousand dollars each; but we had better say four thousand dollars. The whole would cost one million of dollars. . But we should allow ourselves ten years to complete it, unless circumstances should force it sooner. There are three situations in which the gunboat may be. 1. Hauled up under a shed, in readiness to be launched and manned by the seamen and militia of the town on short notice. In this situation she costs nothing but an enclosure, or a sentinel to see that no mischief is done to her. 2. Afloat, and with men enough to navigate her in harbor and take care of her, but depending on receiving her crew from the town on short warning. In this situation, her annual expense is about two thousand dollars, as by an official estimate at the end of this letter. 3. Fully manned for action. Her annual expense in this situation is about eight thousand dollars, as per estimate subjoined. When there is general peace, we should probably keep about six or seven afloat in the second situation; their annual expense twelve to fourteen thousand dollars; the rest all hauled up. When France and England are at war, we should keep, at the utmost, twenty-five in the second situation; their annual expense, fifty thousand dollars. When 62 Jefferson's Works we should be at war ourselves, some of them would probably be kept in the third situation, at an annual expense of eight thousand dollars; but how many, must depend on the circumstances of the war. We now possess ten, built and building. It is the opinion of those consulted, that fifteen more would enable us to put every harbor under our view into a respectable condition; and that this should limit the views of the present year. This would require an appropriation of sixty thousand dollars; and I suppose that the best way of limiting it, without declaring the number, as perhaps that sum would build more. I should think it best not to give a detailed report, which exposes our policy too much. A bill, with verbal explanations, will suffice for the information of the House. I do not ow whether General Wilkinson would approve the printing his paper. If he would, it would be useful. Accept affectionate and respectful salutations. TO C. F. C. DE VOLNEY. WASHINGTON, February 8, 1805 DEAR SIR, -- Your letter of November the 26th came to hand May the 14th; the books some time after, which were all distributed according to direction. The copy for the East Indies went immediately by a, safe conveyance. The letter of April the 28th, and the copy of your work accompanying that, did not come to hand till August, That copy was Correspondence 63 deposited in the Congressional library. It was not till my return here from my autumnal visit to Monticello, that I had an opportunity of reading your work. I have read it, and with great satisfaction. Of the first part I am less a judge than most people, having never travelled westward of Staunton, so as to know anything of the face of the country; nor much indulged. myself in geological inquiries, from a belief that the skin-deep scratches which we can make or find on the surface of the earth, do not repay our time with as certain and useful deductions as our pursuits in some other branches. The subject of our winds is more familiar to me. On that, the views you have taken are always great, supported in their outlines by your facts; and though more extensive observations, and longer continued, may produce some anomalies, yet they will probably take their place in this first great canvas which you have sketched. In no case, perhaps, does habit attach our choice or judgment more than in climate. The Canadian glows with delight in his sleigh and snow; the very idea of which gives me the shivers. The comparison of climate between Europe and North America, taking together its corresponding parts, hangs chiefly on three great points. 1. The changes between heat and cold in America are greater and more frequent, and the extremes comprehend a greater scale on the thermometer in America than in Europe. Habit,. however, prevents these from affecting us more than the smaller changes of Europe 64 Jefferson's Works affect the European. But he is greatly affected by ours. 2. Our sky is always clear; that of Europe always cloudy. Hence a greater accumulation of heat here than there, in the same parallel. 3. The changes between wet and dry are much more frequent and sudden in Europe than in America. Though we have double the rain, it falls in half the time. Taking all these together, I prefer much the. climate of the United States to that of Europe. I think it a more cheerful one. It is our cloudless sky which has eradicated from, our constitutions all disposition to hang ourselves, which we might otherwise have inherited from our English ancestors. During a residence of between six and seven years in Paris, I never, but once, saw the sun shine through a whole day, without being obscured by a cloud in any part of it; and I never saw the moment, in which, viewing the sky through its whole Hemisphere, I could say there was not the smallest speck of a cloud in it. I arrived at Monticello, on my return from France, in January; and during only two months' stay there, I observed to my daughters, who had been with me to France, that, twenty odd times within that term, there was not a speck of a cloud in the whole hemisphere. Still I do not wonder that an European should prefer his gray to our azure sky. Habit decides our taste in this, as in most other cases. The account you give of the yellow fever, is entirely agreeable to what we then knew of it. Further experience has developed more and more its peculiar Correspondence 65 character. Facts appear to have established that it is originated here by a local atmosphere, which is never generated but in the lower, closer, and dirtier parts of our large. cities, in the neighborhood of the water; and that, to catch the disease, you must enter the local atmosphere. Persons having taken the disease in the infected quarter, and going into the country, are nursed and buried by their friends. without an example of communicating it. A vessel going from the infected quarter,. and carrying its atmosphere in its hold into another State, has given the disease to every person who there entered her. These have died in the arms of their families, without a single communication of the disease. It is certainly, therefore, an epidemic, not a contagious disease; and calls on the chemists for some mode of purifying the vessel by a decomposition of its atmosphere, if ventilation be found insufficient. In the long scale of bilious fevers, graduated by many shades, this is probably the last and most mortal term. It seizes the native of the place equally with strangers. it has not been long known in any part of the United States. The shade next above it, called the stranger's fever, has been coeval with the settlement of the larger cities in the Southern parts, to wit, Norfolk, Charleston, New Orleans. Strangers going to these places in the months of July, August, or September, find this fever as mortal as the genuine yellow fever. But it rarely attacks those who have resided in them some time. Since we have known that kind of yellow 66 Jefferson's Works fever which is no respecter of persons, its name, has been extended to the stranger's fever, and every species of bilious fever which produces a black vomit, that is to say, a discharge of very dark bile. Hence we hear of yellow fever on the Alleghany mountains, in Kentucky, etc. This is a matter of definition only; but it leads into error those who do not know how loosely and how interestedly some physicians think and speak. So far as we have yet seen, I think we are correct in saying, that the yellow fever, which seizes on all indiscriminately, is an ultimate degree of bilious fever never known in the United States till lately, nor farther South, as yet, than Alexandria; and that what they have recently called the yellow fever in New Orleans, Charleston and Norfolk, is what has always been known in those places as confined chiefly to strangers, and nearly as mortal to them, as the other is to all its subjects. But both grades are local; the stranger's fever less so, as it sometimes extends a little into the neighborhood; but the yellow fever rigorously so, -confined within narrow and well-defined limits, and not communicable out of those limits. Such a constitution of atmosphere being requisite to originate this disease as is generated only in low, close, and ill-cleansed parts of a town, I have supposed it practicable to prevent its generation by building our cities on a more open plan. Take, for instance, the chequer board for a pla