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The Writings of Thomas Jefferson, Vol. 5 (of 9)
The Writings of Thomas Jefferson, Vol. 5 (of 9)

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The Writings of Thomas Jefferson, Vol. 5 (of 9)

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Язык: Английский
Год издания: 2018
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TO ROBERT R. LIVINGSTON, ESQ

Washington, March 24th, 1807.

Dear Sir,—The two receipts of Poncin's have come safely to hand. The account had been settled without difficulty. The federal papers appear desirous of making mischief between us and England, by putting speeches into my mouth which I never uttered. Perceiving, by a letter received in January, that our commissioners were making up their mind to sign a treaty which contained no provision against impressment, we immediately instructed them not to do so; and if done, to consider the treaty as not accepted, and to resume their negociations to supply an article against impressment. We therefore hold the treaty in suspense, until we hear what is done in consequence of our last instructions. Probably we shall not hear till midsummer, and we reserve till that time the question of calling the Senate. In the meantime, to show the continuance of a friendly spirit, we continue the suspension of the non-importation act by proclamation. Another cause for not accepting the treaty was a written declaration by the British commissioner, at the time of signing, reserving a right, if we did not oppose the French decree to their satisfaction, to retaliate in their own way, however it might affect the treaty; so that, in fact, we were to be bound, and they left free. I think, upon the whole, the emperor cannot be dissatisfied at the present state of things between us and England, and that he must rather be satisfied at our unhesitating rejection of a proposition to make common cause against him, for such in amount it was. Burr has indeed made a most inglorious exhibition of his much over-rated talents. He is now on his way to Richmond for trial. Accept my friendly salutations, and assurances of constant esteem and respect.

TO –

Washington, March 25th, 1807.

Dear Sir,– * * * * * Burr is on his way to Richmond for trial. No man's history proves better the value of honesty. With that, what might he not have been! I expect you are at a loss to understand the situation of the British treaty, on which the newspapers make so many speeches for me which I never made. It is exactly this. By a letter received from our negotiators in January, we found they were making up their minds to sign a treaty containing no provision against the impressment of our seamen. We instantly (February 3d) instructed them not to do so; and that if such a treaty had been forwarded, it could not be ratified; that therefore they must immediately resume the negociations to supply that defect, as a sine quâ non. Such a treaty having come to hand, we of course suspend it, until we know the result of the instructions of February 3d, which probably will not be till midsummer. We reserve ourselves till then to decide the question of calling the Senate. In the meantime, I have, by proclamation continued the suspension of the non-importation law, as a proof of the continuance of friendly dispositions. There was another circumstance which would have prevented the acceptance of the treaty. The British commissioners, at the time of signing, gave in a written declaration, that until they knew what we meant to do in the subject of the French decree, the king reserved to himself the right of not ratifying, and of taking any measures retaliating on France which he should deem proper, notwithstanding the treaty. This made the treaty binding on us; while he was loose to regard it or not, and clearly squinted at the expectation that we should join in resistance to France, or they would not regard the treaty. We rejected this idea unhesitatingly.

I expected to have paid a short visit to Monticello before this, but have been detained by the illness of my son-in-law, Mr. Randolph, and now by an attack of periodical headache on myself. This leaves me but an hour and a half each morning capable of any business at all. A part of this I have devoted to write you this letter, and to assure you of my constant friendship and respect.

TO COLONEL G. MORGAN

Washington, March 26th, 1807.

Sir,—Your favors of January 19th and 20th came to hand in due time, but it was not in my power to acknowledge their receipt during the session of Congress. General Gage's paper I have filed with that on Pensacola, in the War Office, and Mr. Hutchins' map, in the Navy Office, where they will be useful. I tender you my thanks for this contribution to the public service. The bed of the Mississippi and the shoals on the coast change so frequently, as to require frequent renewals of the surveys. Congress have authorized a new survey of our whole coast, by an act of the last session. Burr is on his way to Richmond for trial; and if the judges do not discharge him before it is possible to collect the testimony from Maine to New Orleans, there can be no doubt where his history will end. To what degree punishments of his adherents shall be extended, will be decided when we shall have collected all the evidence, and seen who were cordially guilty. The federalists appear to make Burr's cause their own, and to spare no efforts to screen his adherents. Their great mortification is at the failure of his plans. Had a little success dawned on him, their openly joining him might have produced some danger. As it is, I believe the undertaking will not be without some good effects, as a wholesome lesson to those who have more ardor than principle. I believe there is reason to expect that Blennerhasset will also be sent by the judges of Mississippi to Virginia. Yours was the very first intimation I had of this plot, for which it is but justice to say you have deserved well of your country. Accept my friendly salutations, and assurances of great esteem and respect.

TO MR. COXE

Washington, March 27, 1807.

Sir,—I received on the 24th of January a communication, which from an endorsement in your hand, I knew to have come from you. Others had been received at different periods before, which candor obliges me frankly to say, had not been answered because some of the earliest of them had been of a character with which I thought it my duty to be dissatisfied. Observing, however, that you have continued to turn your attention assiduously to the public interests, and to communicate to the government your ideas, which have often been useful, I expunge from my mind the umbrage which had been taken, and wish it no more to be recollected or explained on either side.

Your idea of providing as many arms as we have fighting men, is undoubtedly a sound one. Its execution, however, depends on the Legislature. Composed, indeed, of gentlemen of the best intentions, but like all others collected in mass, requiring considerable time to receive impressions, however useful, if new. Time and reflection will not fail in the end to bring them to whatever is right. The session before the last I proposed to them the classification of the militia, so that those in the prime of life only, and unburthened with families, should ever be called into distant service; and that every man should receive a stand of arms the first year he entered the militia. This would have required 40,000 stands a year, and in a few years would have armed the whole, besides the stock in the public arsenals, which is a good one. Converts to the measure are daily coming over, and it will prevail in time. The same thing will happen as to the employing the surplus of our revenues to roads, rivers, canals, education. The proposition for building lock-docks for the preservation of our navy, has local rivalries to contend against. Till these can be overruled or compromised, the measure can never be adopted. Yet there ought never to be another ship built until we can provide some method of preserving them through the long intervals of peace which I hope are to be the lot of our country. I understand that, employing private as well as the public manufactories, we can make about 40,000 stand of arms a year. But they come so much dearer than the imported of equal quality, that we shall import also. From the beginning of my administration, I have discouraged the laying in stores of powder, but have recommended great stores of sulphur and salt-petre. I confess, however, I do not apprehend that the dislike which I know the European governments have to our form, will combine them in any serious attempts against it. They have too many jealousies of one another, to engage in distant wars for a matter of opinion only. I verily believe that it will ever be in our power to keep so even a stand between England and France, as to inspire a wish in neither to throw us into the scale of his adversary. But if we can do this for a dozen years only, we shall have little to fear from them. Accept my salutations, and assurances of esteem and respect.

TO LEVETT HARRIS, ESQ

Washington, March 28, 1807.

Sir,—Your letters of August 10th and September 18th have been duly received, and I have to thank you for the safe transmission of the four volumes of the "Vocabulaires Comparés de Pallas," for which I am indebted, through you, to the Minister of Commerce, Count Romanzoff. I must pray you, in a particular manner, to express to his Excellency my sensibility for this mark of his obliging attention, rendered the more impressive from a high esteem for his personal character, and from the hope that an interchange of personal esteem may contribute to strengthen the friendship of the two nations, bound together by many similar interests. To this I must add by anticipation my thanks for his work on the Commerce of Russia, as well as to Count Potoski, for the two works from him, which you mention to have been sent by Mr. A. Smith, and which, I doubt not, will come safely to hand. Accept for yourself my salutations and assurances of esteem and respect.

TO MR. GALLATIN

March 29, 1807.

A doubt is entertained whether the Acts of Congress respecting claims to lands in Orleans and Louisiana, and authorizing the commissioners "to decide according to the laws and established usages and customs of the French and Spanish governments, upon all claims to lands within their respective districts," &c., meant to give that power as to all claims, or to restrict it to those claims only which had been previously recognized by Congress.

Were it necessary for us to decide that question, I should be of opinion that it meant all claims, because the words are general. "All claims to lands within their respective districts," and there are no other words restricting them to those claims only, previously recognized by Congress; and because the intention of the Act was to quiet and satisfy all the minor claimants, and reserve only the great and fraudulent speculations for rigorous examination.

But the Board of Commissioners, being a judiciary tribunal, I should think it proper to leave them to the law itself, as their instructions, on the meaning of which they are competent to decide, and, being on the spot, are better informed of the nature of those claims than we are. Affectionate salutations.

TO GENERAL DEARBORNE

March 29, 1807.

Many officers of the army being involved in the offence of intending a military enterprise against a nation at peace with the United States, to remove the whole without trial, by the paramount authority of the executive, would be a proceeding of unusual severity. Some line must therefore be drawn to separate the more from the less guilty. The only sound one which occurs to me is between those who believed the enterprise was with the approbation of the government, open or secret, and those who meant to proceed in defiance of the government. Concealment would be no line at all, because all concealed it. Applying the line of defiance to the case of Lieutenant Meade, it does not appear by any testimony I have seen, that he meant to proceed in defiance of the government, but, on the contrary, that he was made to believe the government approved of the expedition. If it be objected that he concealed a part of what had taken place in his communications to the Secretary at War, yet if a concealment of the whole would not furnish a proper line of distinction, still less would the concealment of a part. This too would be a removal for prevarication, not for unauthorized enterprise, and could not be a proper ground for exercising the extraordinary power of removal by the President. On the whole, I think Lieutenant Meade's is not a case for its exercise. Affectionate salutations.

TO MR. ROBERT PATTERSON

Washington, March 29, 1807.

Dear Sir,—I have duly received your letter of the 25th, proposing the appointment of an assistant-engraver to the Mint, at a salary of $600, and that Mr. Reich should be the assistant. You are so exclusively competent to decide on the want of such an officer, that I approve the proposition in the faith of your opinion. With respect to the person to be appointed, my knowledge of the superior talents of Mr. Reich concurs with your recommendation in the propriety of appointing him.

I should approve of your employing the Mint on small silver coins, rather than on dollars and gold coins, as far as the consent of those who employ it can be obtained. It would be much more valuable to the public to be supplied with abundance of dimes and half dimes, which would stay among us, than with dollars and eagles which leave us immediately. Indeed I wish the law authorized the making two cent and three cent pieces of silver, and golden dollars, which would all be large enough to handle, and would be a great convenience to our own citizens. Accept my affectionate salutations.

TO M. LE COMTE DIODATI

Washington, March 29, 1807.

My Dear and Ancient Friend,—Your letter of August the 29th reached me on the 18th of February. It enclosed a duplicate of that written from Brunswick five years before, but which I never received, or had notice of, but by this duplicate. Be assured, my friend, that I was incapable of such negligence towards you, as a failure to answer it would have implied. It would illy have accorded with those sentiments of friendship I entertained for you at Paris, and which neither time nor distance has lessened. I often pass in review the many happy hours I spent with Madame Diodati and yourself on the banks of the Seine, as well as at Paris, and I count them among the most pleasing I enjoyed in France. Those were indeed days of tranquillity and happiness. They had begun to cloud a little before I left you; but I had no apprehension that the tempest, of which I saw the beginning, was to spread over such an extent of space and time. I have often thought of you with anxiety, and wished to know how you weathered the storm, and into what port you had retired. The letters now received give me the first information, and I sincerely felicitate you on your safe and quiet retreat. Were I in Europe, pax et panis would certainly be my motto. Wars and contentions, indeed, fill the pages of history with more matter. But more blest is that nation whose silent course of happiness furnishes nothing for history to say. This is what I ambition for my own country, and what it has fortunately enjoyed for now upwards of twenty years, while Europe has been in constant volcanic eruption, I again, my friend, repeat my joy that you have escaped the overwhelming torrent of its lava.

At the end of my present term, of which two years are yet to come, I propose to retire from public life, and to close my days on my patrimony of Monticello, in the bosom of my family. I have hitherto enjoyed uniform health; but the weight of public business begins to be too heavy for me, and I long for the enjoyments of rural life, among my books, my farms and my family. Having performed my quadragena stipendia, I am entitled to my discharge, and should be sorry, indeed, that others should be sooner sensible than myself when I ought to ask it. I have, therefore, requested my fellow citizens to think of a successor for me, to whom I shall deliver the public concerns with greater joy than I received them. I have the consolation too of having added nothing to my private fortune, during my public service, and of retiring with hands as clean as they are empty. Pardon me these egotisms, which, if ever excusable, are so when writing to a friend to whom our concerns are not uninteresting. I shall always be glad to hear of your health and happiness, and having been out of the way of hearing of any of our cotemporaries of the corps diplomatique at Paris, any details of their subsequent history which you will favor me with, will be thankfully received. I pray you to make my friendly respects acceptable to Madame la Comtesse Diodati, to assure M. Tronchin of my continued esteem, and to accept yourself my affectionate salutations, and assurances of constant attachment and respect.

TO MR. BOWDOIN

Washington, April 2, 1807.

Dear Sir,—I wrote you on the 10th of July last; but neither your letter of October the 20th, nor that of November the 15th mentioning the receipt of it, I fear it has miscarried. I therefore now enclose a duplicate. As that was to go under cover of the Secretary of State's despatches by any vessel going from our distant ports, I retained the polygraph therein mentioned for a safer conveyance. None such has occurred till now, that the United States armed brig the Wasp, on her way to the Mediterranean is to touch at Falmouth, with despatches for our ministers at London and at Brest, with others for yourself and General Armstrong.

You heard in due time from London of the signature of a treaty there between Great Britain and the United States. By a letter we received in January from our ministers at London, we found they were making up their minds to sign a treaty, in which no provision was made against the impressment of our seamen, contenting themselves with a note received in the course of their correspondence, from the British negotiators, assuring them of the discretion with which impressments should be conducted, which could be construed into a covenant only by inferences, against which its omission in the treaty was a strong inference; and in its terms totally unsatisfactory. By a letter of February the 3d, they were immediately informed that no treaty, not containing a satisfactory article on that head, would be ratified, and desiring them to resume the negotiations on that point. The treaty having come to us actually in the inadmissible shape apprehended, we, of course, hold it up until we know the result of the instructions of February the 3d. I have but little expectation that the British government will retire from their habitual wrongs in the impressment of our seamen, and am certain, that without that, we will never tie up our hands by treaty, from the right of passing a non-importation or non-intercourse act, to make it her interest to become just. This may bring on a war of commercial restrictions. To show, however, the sincerity of our desire for conciliation, I have suspended the non-importation act. This state of things should be understood at Paris, and every effort used on your part to accommodate our differences with Spain, under the auspices of France, with whom it is all important that we should stand in terms of the strictest cordiality. In fact, we are to depend on her and Russia for the establishment of neutral rights by the treaty of peace, among which should be that of taking no persons by a belligerent out of a neutral ship, unless they be the soldiers of an enemy. Never did a nation act towards another with more perfidy and injustice than Spain has constantly practised against us: and if we have kept our hands off of her till now, it has been purely out of respect to France, and from the value we set on the friendship of France. We expect, therefore, from the friendship of the Emperor, that he will either compel Spain to do us justice, or abandon her to us. We ask but one month to be in possession of the city of Mexico.

No better proof of the good faith of the United States could have been given, than the vigor with which we have acted, and the expense incurred, in suppressing the enterprise meditated lately by Burr against Mexico. Although at first, he proposed a separation of the western country, and on that ground received encouragement and aid from Yrujo, according to the usual spirit of his government towards us, yet he very early saw that the fidelity of the western country was not to be shaken, and turned himself wholly towards Mexico. And so popular is an enterprise on that country in this, that we had only to lie still, and he would have had followers enough to have been in the city of Mexico in six weeks. You have doubtless seen my several messages to Congress, which give a faithful narrative of that conspiracy. Burr himself, after being disarmed by our endeavors of all his followers, escaped from the custody of the court of Mississippi, but was taken near Fort Stoddart, making his way to Mobile, by some country people, who brought him on as a prisoner to Richmond, where he is now under a course for trial. Hitherto we have believed our law to be, that suspicion on probable grounds was sufficient cause to commit a person for trial, allowing time to collect witnesses till the trial. But the judges here have decided, that conclusive evidence of guilt must be ready in the moment of arrest, or they will discharge the malefactor. If this is still insisted on, Burr will be discharged; because his crimes having been sown from Maine, through the whole line of the western waters, to New Orleans, we cannot bring the witnesses here under four months. The fact is, that the federalists make Burr's cause their own, and exert their whole influence to shield him from punishment, as they did the adherents of Miranda. And it is unfortunate that federalism is still predominant in our judiciary department, which is consequently in opposition to the legislative and executive branches, and is able to baffle their measures often.

Accept my friendly salutations, and assurances of great esteem and respect.

TO WILLIAM B. GILES

Monticello, April 20, 1807.

Dear Sir,—Your favor of the 6th instant, on the subject of Burr's offences, was received only four days ago. That there should be anxiety and doubt in the public mind, in the present defective state of the proof, is not wonderful; and this has been sedulously encouraged by the tricks of the judges to force trials before it is possible to collect the evidence, dispersed through a line of two thousand miles from Maine to Orleans. The federalists, too, give all their aid, making Burr's cause their own, mortified only that he did not separate the Union or overturn the government, and proving, that had he had a little dawn of success, they would have joined him to introduce his object, their favorite monarchy, as they would any other enemy, foreign or domestic, who could rid them of this hateful republic for any other government in exchange.

The first ground of complaint was the supine inattention of the administration to a treason stalking through the land in open day. The present one, that they have crushed it before it was ripe for execution, so that no overt acts can be produced. This last may be true; though I believe it is not. Our information having been chiefly by way of letter, we do not know of a certainty yet what will be proved. We have set on foot an inquiry through the whole of the country which has been the scene of these transactions, to be able to prove to the courts, if they will give time, or to the public by way of communication to Congress, what the real facts have been. For obtaining this, we are obliged to appeal to the patriotism of particular persons in different places, of whom we have requested to make the inquiry in their neighborhood, and on such information as shall be voluntarily offered. Aided by no process or facilities from the federal courts, but frowned on by their new born zeal for the liberty of those whom we would not permit to overthrow the liberties of their country, we can expect no revealments from the accomplices of the chief offender. Of treasonable intentions, the judges have been obliged to confess there is probable appearance. What loophole they will find in the case, when it comes to trial, we cannot foresee. Eaton, Stoddart, Wilkinson, and two others whom I must not name, will satisfy the world, if not the judges, of Burr's guilt. And I do suppose the following overt acts will be proved. 1. The enlistment of men, in a regular way. 2. The regular mounting of guard round Blennerhasset's island when they expected Governor Tiffin's men to be on them, modo guerrino arraiati. 3. The rendezvous of Burr with his men at the mouth of Cumberland. 4. His letter to the acting Governor of Mississippi, holding up the prospect of civil war. 5. His capitulation regularly signed with the aids of the Governor, as between two independent and hostile commanders.

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