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

But a moment's calculation will show that this evidence cannot be collected under four months, probably five, from the moment of deciding when and where the trial shall be. I desired Mr. Rodney expressly to inform the Chief Justice of this, inofficially. But Mr. Marshall says, "More than five weeks have elapsed since the opinion of the Supreme Court has declared the necessity of proving the overt acts, if they exist. Why are they not proved?" In what terms of decency can we speak of this? As if an express could go to Natchez, or the mouth of Cumberland, and return in five weeks, to do which has never taken less than twelve. Again, "If, in November or December last, a body of troops had been assembled on the Ohio, it is impossible to suppose the affidavits establishing the fact could not have been obtained by the last of March." But I ask the judge where they should have been lodged? At Frankfort? at Cincinnati? at Nashville? St. Louis? Natchez? New Orleans? These were the probable places of apprehension and examination. It was not known at Washington till the 26th of March that Burr would escape from the Western tribunals, be retaken and brought to an Eastern one; and in five days after, (neither five months nor five weeks, as the judge calculated,) he says, it is "impossible to suppose the affidavits could not have been obtained." Where? At Richmond he certainly meant, or meant only to throw dust in the eyes of his audience. But all the principles of law are to be perverted which would bear on the favorite offenders who endeavor to overturn this odious Republic. "I understand," says the judge, "probable cause of guilt to be a case made out by proof furnishing good reason to believe," &c. Speaking as a lawyer, he must mean legal proof, i. e., proof on oath, at least. But this is confounding probability and proof. We had always before understood that where there was reasonable ground to believe guilt, the offender must be put on his trial. That guilty intentions were probable, the judge believed. And as to the overt acts, were not the bundle of letters of information in Mr. Rodney's hands, the letters and facts published in the local newspapers, Burr's flight, and the universal belief or rumor of his guilt, probable ground for presuming the facts of enlistment, military guard, rendezvous, threat of civil war, or capitulation, so as to put him on trial? Is there a candid man in the United States who does not believe some one, if not all, of these overt acts to have taken place?

If there ever had been an instance in this or the preceding administrations, of federal judges so applying principles of law as to condemn a federal or acquit a republican offender, I should have judged them in the present case with more charity. All this, however, will work well. The nation will judge both the offender and judges for themselves. If a member of the executive or legislature does wrong, the day is never far distant when the people will remove him. They will see then and amend the error in our Constitution, which makes any branch independent of the nation. They will see that one of the great co-ordinate branches of the government, setting itself in opposition to the other two, and to the common sense of the nation, proclaims impunity to that class of offenders which endeavors to overturn the Constitution, and are themselves protected in it by the Constitution itself; for impeachment is a farce which will not be tried again. If their protection of Burr produces this amendment, it will do more good than his condemnation would have done. Against Burr, personally, I never had one hostile sentiment. I never indeed thought him an honest, frank-dealing man, but considered him as a crooked gun, or other perverted machine, whose aim or shot you could never be sure of. Still, while he possessed the confidence of the nation, I thought it my duty to respect in him their confidence, and to treat him as if he deserved it; and if his punishment can be commuted now for an useful amendment of the Constitution, I shall rejoice in it. My sheet being full, I perceive it is high time to offer you my friendly salutations, and assure you of my constant and affectionate esteem and respect.

TO THE SECRETARY OF STATE

Monticello, April 21st, 1807.

Dear Sir,—Yours of the 13th came to hand only yesterday, and I now return you the letters of Turreau and Woodward, and Mr. Gallatin's paper on foreign seamen. I retain Monroe and Pinckney's letters, to give them a more deliberate perusal than I can now before the departure of the post. By the next they shall be returned. I should think it best to answer Turreau at once, as he will ascribe delay to a supposed difficulty, and will be sure to force an answer at last. I take the true principle to be, that "for violations of jurisdiction, with the consent of the sovereign, or his voluntary sufferance, indemnification is due; but that for others he is bound only to use all reasonable means to obtain indemnification from the aggressor, which must be calculated on his circumstances, and these endeavors bonâ fide made; and failing, he is no further responsible." It would be extraordinary indeed if we were to be answerable for the conduct of belligerents through our whole coast, whether inhabited or not.

Will you be so good as to send a passport to Julian Y. Niemcewicz, an American citizen, of New Jersey, going to Europe on his private affairs? I have known him intimately for twenty years, the last twelve of which he has resided in the United States, of which he has a certificate of citizenship. He was the companion of Kosciusko. Be so good as to direct it to him at Elizabethtown, and without delay, as he is on his departure. Mr. Gallatin's estimate of the number of foreign seamen in our employ renders it prudent, I think, to suspend all propositions respecting our non-employment of them. As, on a consultation when we were all together, we had made up our minds on every article of the British treaty, and this of not employing their seamen was only mentioned for further inquiry and consideration, we had better let the negociations go on, on the ground then agreed on, and take time to consider this supplementary proposition. Such an addition as this to a treaty already so bad would fill up the measure of public condemnation. It would indeed be making bad worse. I am more and more convinced that our best course is, to let the negotiation take a friendly nap, and endeavor in the meantime to practice on such of its principles as are mutually acceptable. Perhaps we may hereafter barter the stipulation not to employ their seamen for some equivalent to our flag, by way of convention; or perhaps the general treaty of peace may do better for us, if we shall not, in the meantime, have done worse for ourselves. At any rate, it will not be the worse for lying three weeks longer. I salute you with sincere affection.

P. S. Will you be so good as to have me furnished with a copy of Mr. Gallatin's estimate of the number of foreign seamen? I think he overrates the number of officers greatly.

TO MR. GALLATIN

Monticello, April 21, 1807.

Some very unusual delay has happened to the post, as I received yesterday only my letter from Philadelphia, as far back as April 9th, and Washington, April 11th. Of course yours of the 13th and 16th were then only received, and being overwhelmed with such an accumulated mail, I must be short, as the post goes out in a few hours. I return you Huston's, Findlay's, and Governor Harrison's letters. J. Smith's is retained because it is full of nominations. I had received, a week ago, from a member of the Pennsylvania legislature, a copy of their act for the Western road. I immediately wrote to Mr. Moore that we should consider the question whether the road should pass through Uniontown, as now decided affirmatively, and I referred to the commissioner to reconsider the question whether it should also pass through Brownsville, and to decide it according to their own judgment. I desired him to undertake the superintendence of the execution, to begin the work in time to lay out the whole appropriation this summer, and to employ it in making effectually good the most difficult parts. I approve of Governor Harrison's lease to Taylor, and of the conveying the salt water by pipes to the fuel and navigation, rather than the fuel and navigation to the Saline. I think it our indispensable duty to remove immediately all intruders from the lands, the timber of which will be wanting for the Salines, and will sign any order you will be so good as to prepare for that purpose. You are hereby authorized to announce to the collector of Savannah, his removal, if you judge it for the public good. I recollect nothing of Bullock, the attorney, and not having my papers here, I am not able to refresh my memory concerning him. I expect to leave this, on my return to Washington, about three weeks hence. Your estimate of the number of foreign seamen in our employ, renders it prudent, in my opinion, to drop the idea of any proposition not to employ them. As we had made up our minds on every article of the British treaty, when consulting together, and this idea was only an after thought referred for enquiry and consideration, we had better take more time for it. Time strengthens my belief that no equal treaty will be obtained from such a higher as Lord Auckland, or from the present ministry, Fox being no longer with them, and that we shall be better without any treaty than an unequal one. Perhaps we may engage them to act on certain articles, including their note on impressment, by a mutual understanding, under the pretext of further time to arrange a general treaty. Perhaps, too, the general peace will, in the meantime, establish for us better principles than we can obtain ourselves.

I enclose a letter from Gideon Fitz. Affectionate salutes.

TO MR. NIEMCEWICZ

Monticello, April 22, 1807.

Dear Sir,—I received on the 20th your favor of the 10th instant, and yesterday I wrote to desire the Secretary of State to forward your passport to Elizabethtown. In the visit you propose to make to your native country, I sincerely wish you may find its situation, and your own interests in it, satisfactory. On what it has been, is, or shall be, however, I shall say nothing. I consider Europe, at present, as a world apart from us, about which it is improper for us even to form opinions, or to indulge any wishes but the general one, that whatever is to take place in it, may be for its happiness. For yourself, however, personally, I may express with safety as well as truth, my great esteem and the interest I feel for your welfare. From the same principles of caution, I do not write to my friend Kosciusko. I know he is always doing what he thinks is right, and he knows my prayers for his success in whatever he does. Assure him, if you please, of my constant affection, and accept yourself my wishes for a safe and pleasant voyage, with my friendly salutations and assurances of great esteem and respect.

TO MR. MADISON

Monticello, April 25, 1807.

Dear Sir,—Yours of the 20th came to hand on the 23d, and I now return all the papers it covered, to wit, Harris's, Maunce's, and General Smith's letters, as also some papers respecting Burr's case, for circulation. Under another cover is a letter from Governor Williams, confidential, and for yourself alone, as yet. I expect we shall have to remove Meade. Under still a different cover you will receive Monroe's and Pinckney's letters, detained at the last post. I wrote you then on the subject of the British treaty, which the more it is developed the worse it appears. Mr. Rodney being supposed absent, I enclose you a letter from Mr. Reed, advising the summoning Rufus Easton as a witness; but if he is at St. Louis, he cannot be here by the 22d of May. You will observe that Governor Williams asks immediate instructions what he shall do with Blennerhasset, Tyler, Floyd, and Ralston. I do not know that we can do anything but direct General Wilkinson to receive and send them to any place where the judge shall decide they ought to be tried. I suppose Blennerhasset should come to Richmond. On consulting with the other gentlemen, be so good as to write to Williams immediately, as a letter will barely get there by the 4th Monday of May. I enclose you a warrant for five thousand dollars for Mr. Rodney, in the form advised by Mr. Gallatin.

We have had three great rains within the last thirteen days. It is just now clearing off after thirty-six hours of rain, with little intermission. Yet it is thought not too much. I salute you with sincere affection.

TO MR. THOMAS MOORE

Monticello, May 1,1807.

Sir,—On the 14th of April I wrote to you, on the presumption that a law respecting the western road had passed the Legislature of Pennsylvania, in the form enclosed by Mr. Dorsey, and which I enclosed to you. I have now received from the Governor an authentic copy of the law, which agrees with that I forwarded to you. You will therefore be pleased to consider the contents of that letter as founded in the certainty of the fact that the law did pass in that form, although not certainly known at that time, and proceed on it accordingly. I shall be in Washington on the 16th and 17th inst., should you have occasion for further communication with me. I salute you with esteem and respect.

TO MR. MADISON

Monticello, May 1, 1807.

Dear Sir,—I return you Monroe's, Armstrong's, Harris's, and Anderson's letters, and add a letter and act from Gov. McKean, to be filed in your office. The proposition for separating the western country, mentioned by Armstrong to have been made at Paris, is important. But what is the declaration he speaks of? for none accompanies his letter, unless he means Harry Grant's proposition. I wish our Ministers at Paris, London, and Madrid, could find out Burr's propositions and agents there. I know few of the characters of the new British administration. The few I know are true Pittites, and anti-American. From them we have nothing to hope, but that they will readily let us back out. Whether they can hold their places will depend on the question whether the Irish propositions be popular or unpopular in England. Dr. Sibley, in a letter to Gen. Dearborne, corrects an error of fact in my message to Congress of December. He says the Spaniards never had a single soldier at Bayou Pierre till after 1805. Consequently it was not a keeping, but a taking of a military possession of that post. I think Gen. Dearborne would do well to desire Sibley to send us affidavits of that fact.

Our weather continues extremely seasonable, and favorable for vegetation. I salute you with sincere affection.

P. S. The pamphlet and papers shall be returned by next post.

TO MR. OLIVER EVANS

Monticello, May 2, 1807.

Sir,—Your favor of the 18th came to hand two days ago. That the ingenuity of an advocate, seeking for something to defend his client, should have hazarded as an objection that it did not appear on the face of the patent itself, that you had complied with the requisitions of the act authorizing a patent for your invention, is not wonderful; but I do not expect that such an objection can seriously embarrass the good sense of a judge. The law requires, indeed, that certain acts shall be performed by the inventor to authorize a monopoly of his invention, and, to secure their being done, it has called in, and relied on, the agency of the Secretary of State, the Attorney General, and President. When they are satisfied the acts have been done, they are to execute a patent, granting to the inventor the monopoly. But the law does not require that the patent itself should bear the evidence that they should have been performed, any more than it requires that in a judgment should be stated all the evidence on which it is founded. The evidence of the acts on which the patent is founded, rests with those whose duty it is to see that they are performed; in fact, it is in the Secretary of State's office, where the interloper or inventor may have recourse to it if wanting. If these high officers have really failed to see that the acts were performed, or to preserve evidence of it, they have broken their trust to the public, and are responsible to the public; but their negligence cannot invalidate the inventor's right, who has been guilty of no fault. On the contrary, the patent, which is a record, has conveyed a right to him from the public, and that it was issued rightfully ought to be believed on the signature of these high officers affixed to the patent,—this being a solemn pledge on their part that the acts had been performed. Would their assertion of the fact, in the patent itself, pledge them more to the public? I do not think, then, that the disinterested judgment of a court can find difficulty in this objection. At any rate your right will be presumed valid, until they decide that it is not. Their final decision alone can authorize your resort to any remedial authority,—that is to say, to the Legislature, who alone can provide a remedy. Certainly an inventor ought to be allowed a right to the benefit of his invention for some certain time. It is equally certain it ought not to be perpetual; for to embarrass society with monopolies for every utensil existing, and in all the details of life, would be more injurious to them than had the supposed inventors never existed; because the natural understanding of its members would have suggested the same things or others as good. How long the term should be is the difficult question. Our Legislators have copied the English estimate of the term, perhaps without sufficiently considering how much longer, in a country so much more sparsely settled, it takes for an invention to become known, and used to an extent profitable to the inventor. Nobody wishes more than I do that ingenuity should receive a liberal encouragement: nobody estimates higher the utility which society has derived from that displayed by yourself; and I assure you with truth, that I shall always be ready to manifest it by every service I can render you. To this assurance I add that of my great respect and esteem, and my friendly salutations.

TO J. MADISON

Monticello, May 5, 1807.

I return you the pamphlet of the author of War in Disguise. Of its first half, the topics and the treatment of them are very commonplace; but from page 118 to 130 it is most interesting to all nations, and especially to us. Convinced that a militia of all ages promiscuously are entirely useless for distant service, and that we never shall be safe until we have a selected corps for a year's distant service at least, the classification of our militia is now the most essential thing the United States have to do. Whether, on Bonaparte's plan of making a class for every year between certain periods, or that recommended in my message, I do not know, but I rather incline to his. The idea is not new, as, you may remember, we adopted it once in Virginia during the revolution, but abandoned it too soon. It is the real secret of Bonaparte's success. Could H. Smith put better matter into his paper than the twelve pages above mentioned, and will you suggest it to him? No effort should be spared to bring the public mind to this great point. I salute you with sincere affection.

TO THE HONORABLE JOHN SMITH

Monticello, May 7, 1807.

Dear Sir,—Your two letters of March 27th and April 6th have been received. Writing from this place, where I have not my papers to turn to, I cannot even say whether I have received such as you ask copies of. But I am sorry to answer any request of yours by saying that a compliance would be a breach of trust. It is essential for the public interest that I should receive all the information possible respecting either matters or persons connected with the public. To induce people to give this information, they must feel assured that when deposited with me it is secret and sacred. Honest men might justifiably withhold information, if they expected the communication would be made public, and commit them to war with their neighbors and friends. This imposes the duty on me of considering such information as mere suggestions for inquiry, and to put me on my guard; and to injure no man by forming any opinion until the suggestion be verified. Long experience in this school has by no means strengthened the disposition to believe too easily. On the contrary, it has begotten an incredulity which leaves no one's character in danger from any hasty conclusion. I hope these considerations will satisfy you, both as they respect you and myself, and that you will be assured I shall always be better pleased with those cases which admit that compliance with your wishes which is always pleasing to me. Accept my salutations, and assurances of great esteem and respect.

TO MR. MADISON

Monticello, May 8, 1807.

I return you Monroe's letter of March 5th. As the explosion in the British ministry took place about the 15th, I hope we shall be spared the additional embarrassment of his convention. I enclose you a letter of Michael Jones for circulation, and to rest with the Attorney General. It contains new instances of Burr's enlistments. I received this from Mr. Gallatin, so you can hand it to General Dearborne direct.

I expect to leave this on the 13th, but there is a possible occurrence which may prevent it till the 19th, which however is not probable. Accept affectionate salutations.

TO MR. HAY

Washington, May 20, 1807.

Dear Sir,—Dr. Bollman, on his arrival here in custody in January, voluntarily offered to make communications to me, which he accordingly did, Mr. Madison also being present. I previously and subsequently assured him, (without, however, his having requested it,) that they should never be used against himself. Mr. Madison on the same evening committed to writing, by memory, what he had said; and I moreover asked of Bollman to do it himself, which he did, and I now enclose it to you. The object is, as he is to be a witness, that you may know how to examine him, and draw everything from him. I wish the paper to be seen and known only to yourself and the gentlemen who aid you, and to be returned to me. If he should prevaricate, I should be willing you should go so far as to ask him whether he did not say so and so to Mr. Madison and myself. In order to let him see that his prevarications will be marked, Mr. Madison will forward you a pardon for him, which we mean should be delivered previously. It is suspected by some he does not intend to appear. If he does not, I hope you will take effectual measures to have him immediately taken into custody. Some other blank pardons are sent on to be filled up at your discretion, if you should find a defect of evidence, and believe that this would supply it, by avoiding to give them to the gross offenders, unless it be visible that the principal will otherwise escape. I send you an affidavit of importance received last night. If General Wilkinson gets on in time, I expect he will bring Dunbaugh on with him. At any rate it may be a ground for an arrest and commitment for treason. Accept my friendly salutations, and assurances of great esteem and respect.

TO MR. DE LA COSTE

Washington, May 24, 1807.

Sir,—I received, in due time, your favor of April 10th, enclosing a scheme and subscription for the establishment of a museum of natural history, at Williamsburgh, by private contributions. Nobody can desire more ardently than myself, to concur in whatever may promote useful science, and I view no science with more partiality than natural history. But I have ever believed that in this, as in most other cases, abortive attempts retard rather than promote this object. To be really useful we must keep pace with the state of society, and not dishearten it by attempts at what its population, means, or occupations will fail in attempting. In the particular enterprises for museums, we have seen the populous and wealthy cities of Boston and New York unable to found or maintain such an institution. The feeble condition of that in each of these places sufficiently proves this. In Philadelphia alone, has this attempt succeeded to a good degree? It has been owing there to a measure of zeal and perseverance in an individual rarely equalled; to a population, crowded, wealthy, and more than usually addicted to the pursuit of knowledge. And, with all this, the institution does not maintain itself. The proprietor has been obliged to return to the practice of his original profession to help it on. I know, indeed, that there are many individuals in Williamsburg, and its vicinity, who have already attained a high degree of science, and many zealously pursuing it. But after viewing all circumstances there as favorably as the most sanguine of us could wish, I cannot find in them a rational ground for expecting success in an undertaking to which the other positions have been found unequal. I sincerely wish I may be mistaken, and that the success which your zeal I am sure will merit, may be equal to your wishes, as well as ours. But, for the present, I would rather reserve myself till its prospects can be more favorably estimated; because the aid we would be disposed to give to a promising enterprise, would be very different to one we might offer to a desperate one. Although less sanguine on this particular subject, I do entire justice to the zeal for the promotion of science, which has excited your effort, and shall see it with uncommon pleasure surmounting the present difficulties, or engaged in other pursuits which may reward it with better success. Be assured that no one is more sincere in wishing it, and accept my salutations and assurances of great respect and consideration.