The Writings of Thomas Jefferson, Vol. 4 (of 9)

TO EARL OF BUCHAN

Washington, July 10, 1803.

My Lord,—I received, through the hands of Mr. Lenox, on his return to the United States, the valuable volume you were so good as to send me on the life and writings of Fletcher, of Saltoun. The political principles of that patriot were worthy the purest periods of the British Constitution; they are those which were in vigor at the epoch of the American emigration. Our ancestors brought them here, and they needed little strengthening to make us what we are. But in the weakened condition of English whigism at this day, it requires more firmness to publish and advocate them than it then did to act on them. This merit is peculiarly your Lordship's; and no one honors it more than myself. While I freely admit the right of a nation to change its political principles and constitution at will, and the impropriety of any but its own citizens censuring that change, I expect your Lordship has been disappointed, as I acknowledge I have been, in the issue of the convulsions on the other side the channel. This has certainly lessened the interest which the philanthropist warmly felt in those struggles. Without befriending human liberty, a gigantic force has risen up which seems to threaten the world. But it hangs on the thread of opinion, which may break from one day to another. I feel real anxiety on the conflict to which imperious circumstances seem to call your nation, and bless the Almighty Being, who, in gathering together the waters under the heavens into one place, divided the dry land of your hemisphere from the dry lands of ours, and said, at least be there peace. I hope that peace and amity with all nations will long be the character of our land, and that its prosperity under the Charter will react on the mind of Europe, and profit her by the example. My hope of preserving peace for our country is not founded in the greater principles of non-resistance under every wrong, but in the belief that a just and friendly conduct on our part will procure justice and friendship from others. In the existing contest, each of the combatants will find an interest in our friendship. I cannot say we shall be unconcerned spectators of this combat. We feel for human sufferings, and we wish the good of all. We shall look on, therefore, with the sensations which these dispositions and the events of the war will produce.

I feel a pride in the justice which your Lordship's sentiments render to the character of my illustrious countryman, Washington. The moderation of his desires, and the strength of his judgment, enabled him to calculate correctly, that the road to that glory which never dies is to use power for the support of the laws and liberties of our country, not for their destruction; and his will accordingly survives the wreck of everything now living.

Accept, my lord, the tribute of esteem, from one who renders it with warmth to the disinterested friend of mankind, and assurances of my high consideration and respect.

TO GENERAL GATES

Washington, July 11, 1803.

Dear General,—I accept with pleasure, and with pleasure reciprocate your congratulations on the acquisition of Louisiana; for it is a subject of mutual congratulation, as it interests every man of the nation. The territory acquired, as it includes all the waters of the Missouri and Mississippi, has more than doubled the area of the United States, and the new parts is not inferior to the old in soil, climate, productions and important communications. If our Legislature dispose of it with the wisdom we have a right to expect, they may make it the means of tempting all our Indians on the east side of the Mississippi to remove to the west, and of condensing instead of scattering our population. I find our opposition is very willing to pluck feathers from Monroe, although not fond of sticking them into Livingston's coat. The truth is, both have a just portion of merit; and were it necessary or proper, it would be shown that each has rendered peculiar services, and of important value. These grumblers, too, are very uneasy lest the administration should share some little credit for the acquisition, the whole of which they ascribe to the accident of war. They would be cruelly mortified could they see our files from May, 1801, the first organization of the administration, but more especially from April, 1802. They would see, that though we could not say when war would arise, yet we said with energy what would take place when it should arise. We did not, by our intrigues, produce the war; but we availed ourselves of it when it happened. The other party saw the case now existing, on which our representations were predicated, and the wisdom of timely sacrifice. But when these people make the war give us everything, they authorize us to ask what the war gave us in their day? They had a war; what did they make it bring us? Instead of making our neutrality the ground of gain to their country, they were for plunging into the war. And if they were now in place, they would now be at war against the atheists and disorganizers of France. They were for making their country an appendage to England. We are friendly, cordially and conscientiously friendly to England. We are not hostile to France. We will be rigorously just and sincerely friendly to both. I do not believe we shall have as much to swallow from them as our predecessors had.

* * * * * * * *

Present me respectfully to Mrs. Gates, and accept yourself my affectionate salutations, and assurances of great respect and esteem.

TO M. CABANIS

Washington, July 12, 1803.

Dear Sir,—I lately received your friendly letter of 28 Vendem. an. 11, with the two volumes on the relations between the physical and moral faculties of man. This has ever been a subject of great interest to the inquisitive mind, and it could not have got into better hands for discussion than yours. That thought may be a faculty of our material organization, has been believed in the gross; and though the "modus operandi" of nature, in this, as in most other cases, can never be developed and demonstrated to beings limited as we are, yet I feel confident you will have conducted us as far on the road as we can go, and have lodged us within reconnoitering distance of the citadel itself. While here, I have time to read nothing. But our annual recess for the months of August and September is now approaching, during which time I shall be at the Montrials, where I anticipate great satisfaction in the presence of these volumes. It is with great satisfaction, too, I recollect the agreeable hours I have past with yourself and M. de La Roche, at the house of our late excellent friend, Madame Helvetius, and elsewhere; and I am happy to learn you continue your residence there. Antevil always appeared to me a delicious village, and Madame Helvetius's the most delicious spot in it. In those days how sanguine we were! and how soon were the virtuous hopes and confidence of every good man blasted! and how many excellent friends have we lost in your efforts towards self-government, et cui bono? But let us draw a veil over the dead, and hope the best for the living. If the hero who has saved you from a combination of enemies, shall also be the means of giving you as great a portion of liberty as the opinions, habits and character of the nation are prepared for, progressive preparation may fit you for progressive portions of that first of blessings, and you may in time attain what we erred in supposing could be hastily seized and maintained, in the present state of political information among your citizens at large. In this way all may end well.

You are again at war, I find. But we, I hope, shall be permitted to run the race of peace. Your government has wisely removed what certainly endangered collision between us. I now see nothing which need ever interrupt the friendship between France and this country. Twenty years of peace, and the prosperity so visibly flowing from it, have but strengthened our attachment to it, and the blessings it brings, and we do not despair of being always a peaceable nation. We think that peaceable means may be devised of keeping nations in the path of justice towards us, by making justice their interest, and injuries to react on themselves. Our distance enables us to pursue a course which the crowded situation of Europe renders perhaps impracticable there.

Be so good as to accept for yourself and M. de La Roche, my friendly salutations, and assurances of great consideration and respect.

TO DANIEL CLARKE, ESQ

Washington, July 17, 1803.

Dear Sir,—You will be informed by a letter from the Secretary of State of the terms and the extent of the cession of Louisiana by France to the United States, a cession which I hope will give as much satisfaction to the inhabitants of that province as it does to us, and the more as the title being lawfully acquired and with consent of the power conveying, can never be hereafter reclaimed under any pretense of force. In order to procure a ratification in good time, I have found it necessary to convene Congress as early as the 17th of October. It is essential that before that period we should obtain all the information respecting the province which may be necessary to enable Congress to make the best arrangements for its tranquillity, security and government. It is only on the spot that this information can be obtained, and to obtain it there, I am obliged to ask your agency; for this purpose I have proposed a set of questions, now enclosed, answers to which in the most exact terms practicable, I am to ask you to procure. It is probable you may be able to answer some of them yourself; however, it will doubtless be necessary for you to distribute them among the different persons best qualified to answer them respectively. As you will not have above six weeks, from the receipt of them till they should be sent off to be here by the meeting of Congress, it will be the more necessary to employ different persons on different parts of them. This is left to your own judgment, and your best exertions to obtain them in time are desired. You will be so good as to engage the persons who undertake them, to complete them in time, and to accept such recompense as you shall think reasonable, which shall be paid on your draft on the Secretary of State. We rely that the friendly dispositions of the Spanish government will give such access to the archives of the province as may facilitate information, equally desirable by Spain on parting with her ancient subjects, as by us on receiving them. This favor therefore will, I doubt not, be granted on your respectful application.

Accept my salutations and assurances of esteem and respect.

TO MR. BRECKENRIDGE

Monticello, August 12, 1803.

Dear Sir,—The enclosed letter, though directed to you, was intended to me also, and was left open with a request, that when forwarded, I would forward it to you. It gives me occasion to write a word to you on the subject of Louisiana, which being a new one, an interchange of sentiments may produce correct ideas before we are to act on them.

Our information as to the country is very incomplete; we have taken measures to obtain it full as to the settled part, which I hope to receive in time for Congress. The boundaries, which I deem not admitting question, are the high lands on the western side of the Mississippi enclosing all its waters, the Missouri of course, and terminating in the line drawn from the northwestern point of the Lake of the Woods to the nearest source of the Mississippi, as lately settled between Great Britain and the United States. We have some claims, to extend on the sea coast westwardly to the Rio Norte or Bravo, and better, to go eastwardly to the Rio Perdido, between Mobile and Pensacola, the ancient boundary of Louisiana. These claims will be a subject of negotiation with Spain, and if, as soon as she is at war, we push them strongly with one hand, holding out a price in the other, we shall certainly obtain the Floridas, and all in good time. In the meanwhile, without waiting for permission, we shall enter into the exercise of the natural right we have always insisted on with Spain, to wit, that of a nation holding the upper part of streams, having a right of innocent passage through them to the ocean. We shall prepare her to see us practise on this, and she will not oppose it by force.

Objections are raising to the eastward against the vast extent of our boundaries, and propositions are made to exchange Louisiana, or a part of it, for the Floridas. But, as I have said, we shall get the Floridas without, and I would not give one inch of the waters of the Mississippi to any nation, because I see in a light very important to our peace the exclusive right to its navigation, and the admission of no nation into it, but as into the Potomac or Delaware, with our consent and under our police. These federalists see in this acquisition the formation of a new confederacy, embracing all the waters of the Mississippi, on both sides of it, and a separation of its eastern waters from us. These combinations depend on so many circumstances which we cannot foresee, that I place little reliance on them. We have seldom seen neighborhood produce affection among nations. The reverse is almost the universal truth. Besides, if it should become the great interest of those nations to separate from this, if their happiness should depend on it so strongly as to induce them to go through that convulsion, why should the Atlantic States dread it? But especially why should we, their present inhabitants, take side in such a question? When I view the Atlantic States, procuring for those on the eastern waters of the Mississippi friendly instead of hostile neighbors on its western waters, I do not view it as an Englishman would the procuring future blessings for the French nation, with whom he has no relations of blood or affection. The future inhabitants of the Atlantic and Mississippi States will be our sons. We leave them in distinct but bordering establishments. We think we see their happiness in their union, and we wish it. Events may prove it otherwise; and if they see their interest in separation, why should we take side with our Atlantic rather than our Mississippi descendants? It is the elder and the younger son differing. God bless them both, and keep them in union, if it be for their good, but separate them, if it be better. The inhabited part of Louisiana, from Point Coupée to the sea, will of course be immediately a territorial government, and soon a State. But above that, the best use we can make of the country for some time, will be to give establishments in it to the Indians on the east side of the Mississippi, in exchange for their present country, and open land offices in the last, and thus make this acquisition the means of filling up the eastern side, instead of drawing off its population. When we shall be full on this side, we may lay off a range of States on the western bank from the head to the mouth, and so, range after range, advancing compactly as we multiply.

This treaty must of course be laid before both Houses, because both have important functions to exercise respecting it. They, I presume, will see their duty to their country in ratifying and paying for it, so as to secure a good which would otherwise probably be never again in their power. But I suppose they must then appeal to the nation for an additional article to the Constitution, approving and confirming an act which the nation had not previously authorized. The Constitution has made no provision for our holding foreign territory, still less for incorporating foreign nations into our Union. The executive in seizing the fugitive occurrence which so much advances the good of their country, have done an act beyond the Constitution. The Legislature in casting behind them metaphysical subtleties, and risking themselves like faithful servants, must ratify and pay for it, and throw themselves on their country for doing for them unauthorized, what we know they would have done for themselves had they been in a situation to do it. It is the case of a guardian, investing the money of his ward in purchasing an important adjacent territory; and saying to him when of age, I did this for your good; I pretend to no right to bind you: you may disavow me, and I must get out of the scrape as I can: I thought it my duty to risk myself for you. But we shall not be disavowed by the nation, and their act of indemnity will confirm and not weaken the Constitution, by more strongly marking out its lines.

We have nothing later from Europe than the public papers give. I hope yourself and all the western members will make a sacred point of being at the first day of the meeting of Congress; for vestra res regitur.

Accept my affectionate salutations and assurances of esteem and respect.

TO THE SECRETARY OF STATE

Monticello, August 25, 1803.

Dear Sir,—Your two favors of the 18th and 20th were received on the 21st. The letters of Livingston and Monroe were sent to Mr. Gallatin as you proposed. That of Simpson to Mr. Smith for the purpose of execution. All of them will be returned. Thornton's, Clarke's, Charles's, Picnau's, Appleton's, Davis's, Newton's, and Dericure's letters are now enclosed. With respect to the impressment of our seamen I think we had better propose to Great Britain to act on the stipulations which had been agreed to between that Government and Mr. King, as if they had been signed. I think they were, that they would forbid impressments at sea, and that we should acquiesce in the search in their harbors necessary to prevent concealments of their citizens. Mr. Thornton's attempt to justify his nation in using our ports as cruising stations on our friends and ourselves, renders the matter so serious as to call, I think, for answer. That we ought, in courtesy and friendship, to extend to them all the rights of hospitality is certain, that they should not use our hospitality to injure our friends or ourselves is equally enjoined by morality and honor. After the rigorous exertions we made in Genet's time to prevent this abuse on his part, and the indulgencies extended by Mr. Adams to the British cruisers even after our pacification with France, by ourselves also from an unwillingness to change the course of things as the war was near its close, I did not expect to hear from that quarter charges of partiality. In the Mediterranean we need ask from no nation but the permission to refresh and repair in their ports. We do not wish our vessels to lounge in their ports. In the case at Gibraltar, if they had disapproved, our vessels ought to have left the port. Besides, although nations have treated with the piratical States, they have not, in malice, ever been considered as entitled to all the favors of the laws of nations. Thornton says they watch our trade only to prevent contraband. We say it is to plunder under pretext of contraband, for which, though so shamefully exercised, they have given us no satisfaction but by confessing the fact in new modifying their courts of Admiralty. Certainly the evils we experience from it, and the just complaints which France may urge, render it indispensable that we restrain the English from abusing the rights of hospitality to their prejudice as well as our own.

Graham's letter manifests a degree of imprudence, which I had not expected from him. His pride has probably been hurt at some of the regulations of that court, and has had its part in inspiring the ill temper he shows. If you understand him as serious in asking leave to return, I see no great objection to it. At the date of your letter you had not received mine on the subject of Dovieux's claim. I still think the limits therein stated reasonable. I think a guinea a day till he leaves Washington would be as low an allowance as we could justify, and should not be opposed to anything not exceeding the allowance to Dawson. Fix between these as you please. I suppose Monroe will touch on the limits of Louisiana only incidentally, inasmuch as its extension to Perdido curtails Florida, and renders it of less worth. I have used my spare moments to investigate, by the help of my books here, the subject of the limits of Louisiana. I am satisfied our right to the Perdido is substantial, and can be opposed by a quibble on form only; and our right westwardly to the Bay of St. Bernard, may be strongly maintained. I will use the first leisure to make a statement of the facts and principles on which this depends. Further reflection on the amendment to the Constitution necessary in the case of Louisiana, satisfies me it will be better to give general powers, with specified exceptions, somewhat in the way stated below. Mrs. Madison promised us a visit about the last of this month. I wish you could have met with General Page here, whom, with his family, I expect in a day or two, and will pass a week with us. But in this consult your own convenience, as that will increase the pleasure with which I shall or may see you here. Accept my affectionate salutations and constant attachment.

P. S. Louisiana, as ceded by France to the United States, is made a part of the United States. Its white inhabitants shall be citizens, and stand, as to their rights and obligations, on the same footing with other citizens of the United States in analogous situations.

Save only that as to the portion thereof lying north of the latitude of the mouth of Oreansa river, no new State shall be established, nor any grants of land made therein, other than to Indians, in exchange for equivalent portions of land occupied by them, until amendment to the Constitution shall be made for these purposes.

Florida also, whensoever it may be rightfully obtained, shall become a part of the United States. Its white inhabitants shall thereupon be citizens, and shall stand, as to their rights and obligations, on the same footing with other citizens of the United States in analogous circumstances.

TO LEVI LINCOLN

Monticello, August 30, 1803.

Dear Sir,—The enclosed letter came to hand by yesterday's post. You will be sensible of the circumstances which make it improper that I should hazard a formal answer, as well as of the desire its friendly aspect naturally excites, that those concerned in it should understand that the spirit they express is friendly viewed. You can judge also from your knowledge of the ground, whether it may be usefully encouraged. I take the liberty, therefore, of availing myself of your neighborhood to Boston, and of your friendship to me, to request you to say to the captain and others verbally whatever you think would be proper, as expressive of my sentiments on the subject. With respect to the day on which they wish to fix their anniversary, they may be told, that disapproving myself of transferring the honors and veneration for the great birthday of our republic to any individual, or of dividing them with individuals, I have declined letting my own birthday be known, and have engaged my family not to communicate it. This has been the uniform answer to every application of the kind.

On further consideration as to the amendment to our Constitution respecting Louisiana, I have thought it better, instead of enumerating the powers which Congress may exercise, to give them the same powers they have as to other portions of the Union generally, and to enumerate the special exceptions, in some such form as the following:

"Louisiana, as ceded by France to the United States, is made a part of the United States, its white inhabitants shall be citizens, and stand, as to their rights and obligations, on the same footing with other citizens of the United States in analogous situations. Save only that as to the portion thereof lying north of an east and west line drawn through the mouth of Arkansas river, no new State shall be established, nor any grants of land made, other than to Indians, in exchange for equivalent portions of land occupied by them, until an amendment of the Constitution shall be made for these purposes.

"Florida also, whensoever it may be rightfully obtained, shall become a part of the United States, its white inhabitants shall thereupon be citizens, and shall stand, as to their rights and obligations, on the same footing with other citizens of the United States, in analogous situations."

I quote this for your consideration, observing that the less that is said about any constitutional difficulty, the better; and that it will be desirable for Congress to do what is necessary, in silence. I find but one opinion as to the necessity of shutting up the country for some time. We meet in Washington the 25th of September to prepare for Congress. Accept my affectionate salutations, and great esteem and respect.