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

TO WILSON C. NICHOLAS

Monticello, September 7, 1803.

Dear Sir,—Your favor of the 3d was delivered me at court; but we were much disappointed at not seeing you here, Mr. Madison and the Governor being here at the time. I enclose you a letter from Monroe on the subject of the late treaty. You will observe a hint in it, to do without delay what we are bound to do. There is reason, in the opinion of our ministers, to believe, that if the thing were to do over again, it could not be obtained, and that if we give the least opening, they will declare the treaty void. A warning amounting to that has been given to them, and an unusual kind of letter written by their minister to our Secretary of State, direct. Whatever Congress shall think it necessary to do, should be done with as little debate as possible, and particularly so far as respects the constitutional difficulty. I am aware of the force of the observations you make on the power given by the Constitution to Congress, to admit new States into the Union, without restraining the subject to the territory then constituting the United States. But when I consider that the limits of the United States are precisely fixed by the treaty of 1783, that the Constitution expressly declares itself to be made for the United States, I cannot help believing the intention was not to permit Congress to admit into the Union new States, which should be formed out of the territory for which, and under whose authority alone, they were then acting. I do not believe it was meant that they might receive England, Ireland, Holland, &c. into it, which would be the case on your construction. When an instrument admits two constructions, the one safe, the other dangerous, the one precise, the other indefinite, I prefer that which is safe and precise. I had rather ask an enlargement of power from the nation, where it is found necessary, than to assume it by a construction which would make our powers boundless. Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction. I say the same as to the opinion of those who consider the grant of the treaty making power as boundless. If it is, then we have no Constitution. If it has bounds, they can be no others than the definitions of the powers which that instrument gives. It specifies and delineates the operations permitted to the federal government, and gives all the powers necessary to carry these into execution. Whatever of these enumerated objects is proper for a law, Congress may make the law; whatever is proper to be executed by way of a treaty, the President and Senate may enter into the treaty; whatever is to be done by a judicial sentence, the judges may pass the sentence. Nothing is more likely than that their enumeration of powers is defective. This is the ordinary case of all human works. Let us go on then perfecting it, by adding, by way of amendment to the Constitution, those powers which time and trial show are still wanting. But it has been taken too much for granted, that by this rigorous construction the treaty power would be reduced to nothing. I had occasion once to examine its effect on the French treaty, made by the old Congress, and found that out of thirty odd articles which that contained, there were one, two, or three only which could not now be stipulated under our present Constitution. I confess, then, I think it important, in the present case, to set an example against broad construction, by appealing for new power to the people. If, however, our friends shall think differently, certainly I shall acquiesce with satisfaction; confiding, that the good sense of our country will correct the evil of construction when it shall produce ill effects.

No apologies for writing or speaking to me freely are necessary. On the contrary, nothing my friends can do is so dear to me, and proves to me their friendship so clearly, as the information they give me of their sentiments and those of others on interesting points where I am to act, and where information and warning is so essential to excite in me that due reflection which ought to precede action. I leave this about the 21st, and shall hope the District Court will give me an opportunity of seeing you.

Accept my affectionate salutations, and assurances of cordial esteem and respect.

TO DOCTOR BENJAMIN RUSH

Washington, October 4, 1803.

Dear Sir,—No one would more willingly than myself pay the just tribute due to the services of Captain Barry, by writing a letter of condolence to his widow, as you suggest. But when one undertakes to administer justice, it must be with an even hand, and by rule; what is done for one, must be done for every one in equal degree. To what a train of attentions would this draw a President? How difficult would it be to draw the line between that degree of merit entitled to such a testimonial of it, and that not so entitled? If drawn in a particular case differently from what the friends of the deceased would judge right, what offence would it give, and of the most tender kind? How much offence would be given by accidental inattentions, or want of information? The first step into such an undertaking ought to be well weighed. On the death of Dr. Franklin, the King and Convention of France went into mourning. So did the House of Representatives of the United States: the Senate refused. I proposed to General Washington that the executive department should wear mourning; he declined it, because he said he should not know where to draw the line, if he once began that ceremony. Mr. Adams was then Vice President, and I thought General Washington had his eye on him, whom he certainly did not love. I told him the world had drawn so broad a line between himself and Dr. Franklin, on the one side, and the residue of mankind, on the other, that we might wear mourning for them, and the question still remain new and undecided as to all others. He thought it best, however, to avoid it. On these considerations alone, however well affected to the merit of Commodore Barry, I think it prudent not to engage myself in a practice which may become embarrassing.

Tremendous times in Europe! How mighty this battle of lions and tigers! With what sensations should the common herd of cattle look on it? With no partialities, certainly. If they can so far worry one another as to destroy their power of tyrannizing, the one over the earth, the other the waters, the world may perhaps enjoy peace, till they recruit again.

Affectionate and respectful salutations.

TO M. DUPONT DE NEMOURS

Washington, November 1, 1803.

My Dear Sir,—Your favors of April the 6th, and June the 27th, were duly received, and with the welcome which everything brings from you. The treaty which has so happily sealed the friendship of our two countries, has been received here with general acclamation. Some inflexible federalists have still ventured to brave the public opinion. It will fix their character with the world and with posterity, who, not descending to the other points of difference between us, will judge them by this fact, so palpable as to speak for itself in all times and places. For myself and my country, I thank you for the aids you have given in it; and I congratulate you on having lived to give those aids in a transaction replete with blessings to unborn millions of men, and which will mark the face of a portion on the globe so extensive as that which now composes the United States of America. It is true that at this moment a little cloud hovers in the horizon. The government of Spain has protested against the right of France to transfer; and it is possible she may refuse possession, and that this may bring on acts of force. But against such neighbors as France there, and the United States here, what she can expect from so gross a compound of folly and false faith, is not to be sought in the book of wisdom. She is afraid of her enemies in Mexico; but not more than we are. Our policy will be, to form New Orleans, and the country on both sides of it on the Gulf of Mexico, into a State; and, as to all above that, to transplant our Indians into it, constituting them a Marechaussée to prevent emigrants crossing the river, until we shall have filled up all the vacant country on this side. This will secure both Spain and us as to the mines of Mexico, for half a century, and we may safely trust the provisions for that time to the men who shall live in it.

I have communicated with Mr. Gallatin on the subject of using your house in any matters of consequence we may have to do at Paris. He is impressed with the same desire I feel to give this mark of our confidence in you, and the sense we entertain of your friendship and fidelity. Mr. Behring informs him that none of the money which will be due from us to him, as the assignee of France, will be wanting at Paris. Be assured that our dispositions are such as to let no occasion pass unimproved of serving you, where occurrences will permit it.

Present my respects to Madame Dupont, and accept yourself assurances of my constant and warm friendship.

TO ROBERT R. LIVINGSTON

Washington, November 4, 1803.

Dear Sir,—A report reaches us this day from Baltimore, (on probable, but not certain grounds,) that Mr. Jerome Bonaparte, brother of the First Consul, was yesterday18 married to Miss Patterson, of that city. The effect of this measure on the mind of the First Consul, is not for me to suppose; but as it might occur to him, primâ facie, that the Executive of the United States ought to have prevented it, I have thought it advisable to mention the subject to you, that, if necessary, you may by explanations set that idea to rights. You know that by our laws, all persons are free to enter into marriage, if of twenty-one years of age, no one having a power to restrain it, not even their parents; and that under that age, no one can prevent it but the parent or guardian. The lady is under age, and the parents, placed between her affections, which were strongly fixed, and the considerations opposing the measure, yielded with pain and anxiety to the former. Mr. Patterson is the President of the Bank of Baltimore, the wealthiest man in Maryland, perhaps in the United States, except Mr. Carroll; a man of great virtue and respectability; the mother is the sister of the lady of General Samuel Smith; and, consequently, the station of the family in society is with the first of the United States. These circumstances fix rank in a country where there are no hereditary titles.

Your treaty has obtained nearly a general approbation. The federalists spoke and voted against it, but they are now so reduced in their numbers as to be nothing. The question on its ratification in the Senate was decided by twenty-four against seven, which was ten more than enough. The vote in the House of Representatives for making provision for its execution was carried by eighty-nine against twenty-three, which was a majority of sixty-six, and the necessary bills are going through the Houses by greater majorities. Mr. Pichon, according to instructions from his government, proposed to have added to the ratification a protestation against any failure in time or other circumstances of execution, on our part. He was told, that in that case we should annex a counter protestation, which would leave the thing exactly where it was. That this transaction had been conducted, from the commencement of the negociation to this stage of it, with a frankness and sincerity honorable to both nations, and comfortable to the heart of an honest man to review; that to annex to this last chapter of the transaction such an evidence of mutual distrust, was to change its aspect dishonorably for us both, and contrary to truth as to us; for that we had not the smallest doubt that France would punctually execute its part; and I assured Mr. Pichon that I had more confidence in the word of the First Consul than in all the parchment we could sign. He saw that we had ratified the treaty; that both branches had passed, by great majorities, one of the bills for execution, and would soon pass the other two; that no circumstances remained that could leave a doubt of our punctual performance; and like an able and an honest minister, (which he is in the highest degree,) he undertook to do what he knew his employers would do themselves, were they here spectators of all the existing circumstances, and exchanged the ratifications purely and simply: so that this instrument goes to the world as an evidence of the candor and confidence of the nations in each other, which will have the best effects. This was the more justifiable, as Mr. Pichon knew that Spain had entered with us a protestation against our ratification of the treaty, grounded, first, on the assertion that the First Consul had not executed the conditions of the treaties of cession; and, secondly, that he had broken a solemn promise not to alienate the country to any nation. We answered, that these were private questions between France and Spain, which they must settle together; that we derived our title from the First Consul, and did not doubt his guarantee of it; and we, four days ago, sent off orders to the Governor of the Mississippi territory and General Wilkinson to move down with the troops at hand to New Orleans, to receive the possession from Mr. Laussat. If he is heartily disposed to carry the order of the Consul into execution, he can probably command a volunteer force at New Orleans, and will have the aid of ours also, if he desires it, to take the possession, and deliver it to us. If he is not so disposed, we shall take the possession, and it will rest with the government of France, by adopting the act as their own, and obtaining the confirmation of Spain, to supply the non-execution of their stipulation to deliver, and to entitle themselves to the complete execution of our part of the agreements. In the meantime, the Legislature is passing the bills, and we are preparing everything to be done on our part towards execution; and we shall not avail ourselves of the three months' delay after possession of the province, allowed by the treaty for the delivery of the stock, but shall deliver it the moment that possession is known here, which will be on the eighteenth day after it has taken place.

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Accept my affectionate salutations, and assurances of my constant esteem and respect.

TO DAVID WILLIAMS

Washington, November 14, 1803.

Sir,—I have duly received the volume on the claims of literature, which you did me the favor to send me through Mr. Monroe, and have read with satisfaction the many judicious reflections it contains, on the condition of the respectable class of literary men. The efforts for their relief, made by a society of private citizens, are truly laudable; but they are, as you justly observe, but a palliation of an evil, the cure of which calls for all the wisdom and the means of the nation. The greatest evils of populous society have ever appeared to me to spring from the vicious distribution of its members among the occupations called for. I have no doubt that those nations are essentially right, which leave this to individual choice, as a better guide to an advantageous distribution than any other which could be devised. But when, by a blind concourse, particular occupations are ruinously overcharged, and others left in want of hands, the national authorities can do much towards restoring the equilibrium. On the revival of letters, learning became the universal favorite. And with reason, because there was not enough of it existing to manage the affairs of a nation to the best advantage, nor to advance its individuals to the happiness of which they were susceptible, by improvements in their minds, their morals, their health, and in those conveniences which contribute to the comfort and embellishment of life. All the efforts of the society, therefore, were directed to the increase of learning, and the inducements of respect, ease, and profit were held up for its encouragement. Even the charities of the nation forgot that misery was their object, and spent themselves in founding schools to transfer to science the hardy sons of the plough. To these incitements were added the powerful fascinations of great cities. These circumstances have long since produced an overcharge in the class of competitors for learned occupation, and great distress among the supernumerary candidates; and the more, as their habits of life have disqualified them for re-entering into the laborious class. The evil cannot be suddenly, nor perhaps ever entirely cured: nor should I presume to say by what means it may be cured. Doubtless there are many engines which the nation might bring to bear on this object. Public opinion, and public encouragement are among these. The class principally defective is that of agriculture. It is the first in utility, and ought to be the first in respect. The same artificial means which have been used to produce a competition in learning, may be equally successful in restoring agriculture to its primary dignity in the eyes of men. It is a science of the very first order. It counts among its handmaids the most respectable sciences, such as Chemistry, Natural Philosophy, Mechanics, Mathematics generally, Natural History, Botany. In every College and University, a professorship of agriculture, and the class of its students, might be honored as the first. Young men closing their academical education with this, as the crown of all other sciences, fascinated with its solid charms, and at a time when they are to choose an occupation, instead of crowding the other classes, would return to the farms of their fathers, their own, or those of others, and replenish and invigorate a calling, now languishing under contempt and oppression. The charitable schools, instead of storing their pupils with a lore which the present state of society does not call for, converted into schools of agriculture, might restore them to that branch qualified to enrich and honor themselves, and to increase the productions of the nation instead of consuming them. A gradual abolition of the useless offices, so much accumulated in all governments, might close this drain also from the labors of the field, and lessen the burthens imposed on them. By these, and the better means which will occur to others, the surcharge of the learned, might in time be drawn off to recruit the laboring class of citizens, the sum of industry be increased, and that of misery diminished.

Among the ancients, the redundance of population was sometimes checked by exposing infants. To the moderns, America has offered a more humane resource. Many, who cannot find employment in Europe, accordingly come here. Those who can labor do well, for the most part. Of the learned class of emigrants, a small portion find employments analogous to their talents. But many fail, and return to complete their course of misery in the scenes where it began. Even here we find too strong a current from the country to the towns; and instances beginning to appear of that species of misery, which you are so humanely endeavoring to relieve with you. Although we have in the old countries of Europe the lesson of their experience to warn us, yet I am not satisfied we shall have the firmness and wisdom to profit by it. The general desire of men to live by their heads rather than their hands, and the strong allurements of great cities to those who have any turn for dissipation, threaten to make them here, as in Europe, the sinks of voluntary misery. I perceive, however, that I have suffered my pen to run into a disquisition, when I had taken it up only to thank you for the volume you had been so kind as to send me, and to express my approbation of it. After apologizing, therefore, for having touched on a subject so much more familiar to you, and better understood, I beg leave to assure you of my high consideration and respect.

TO CAPTAIN LEWIS

Washington, November 16, 1803.

Dear Sir,—I have not written to you since the 11th and 15th of July, since which yours of July 18, 22, 25, September 8, 13, and October 3, have been received. The present has been long delayed by an expectation daily of getting the enclosed account of Louisiana through the press. The materials are received from different persons, of good authority. I enclose you also copies of the treaties for Louisiana, the act for taking possession, a letter from Dr. Wistar, and some information obtained by myself from Truteau's journal in MS., all of which may be useful to you. The act for taking possession passed with only some small verbal variations from that enclosed, of no consequence. Orders went from hence signed by the King of Spain and the first consul of France, so as to arrive at Natchez yesterday evening, and we expect the delivery of the province at New Orleans will take place about the close of the ensuing week, say about the 26th instant. Governor Claiborne is appointed to execute the powers of Commandant and Intendant, until a regular government shall be organized here. At the moment of delivering over the ports in the vicinity of New Orleans, orders will be despatched from thence to those in upper Louisiana to evacuate and deliver them immediately. You can judge better than I can when they may be expected to arrive at these ports, considering how much you have been detained by the low waters, how late it will be before you can leave Cahokia, how little progress up the Missouri you can make before the freezing of the river; that your winter might be passed in gaining much information, by making Cahokia or Caskaskia your head quarters, and going to St. Louis and the other Spanish forts, that your stores, &c. would thereby be spared for the winter, as your men would draw their military rations. All danger of Spanish opposition avoided, we are strongly of opinion here that you had better not enter the Missouri till the spring. But as you have a view of all circumstances on the spot, we do not pretend to enjoin it, but leave it to your own judgment in which we have entire confidence. One thing, however, we are decided in; that you must not undertake the winter excursion which you propose in yours of October 3d. Such an excursion will be more dangerous than the main expedition up the Missouri, and would by an accident to you, hazard our main object, which, since the acquisition of Louisiana, interests everybody in the highest degree. The object of your mission is single, the direct water communication from sea to sea formed by the bed of the Missouri, and perhaps the Oregon; by having Mr. Clarke with you we consider the expedition as double manned, and therefore the less liable to failure; for which reason neither of you should be exposed to risks by going off of your line. I have proposed in conversation, and it seems generally assented to, that Congress shall appropriate ten or twelve thousand dollars for exploring the principal waters of the Mississippi and Missouri. In that case, I should send a party up the Red river to its head, then to cross over to the head of the Arkansas, and come down that. A second party for the Pani and Padouca rivers, and a third, perhaps, for the Morsigona and St. Peter's. As the boundaries of interior Louisiana are the high lands enclosing all the waters which run into the Mississippi or Missouri directly or indirectly, with a quarter breadth on the Gulf of Mexico, it becomes interesting to fix with precision by celestial observations the longitude and latitude of the sources of these rivers, so providing points in the contour of our new limits. This will be attempted distinctly from your mission, which we consider as of major importance, and therefore, not to be delayed or hazarded by any episodes whatever.

The votes of both Houses on ratifying and carrying the treaties into execution, have been precisely party votes, except that General Dayton has separated from his friends on these questions, and voted for the treaties. I will direct the Aurora National Intelligencer to be forwarded to you for six months at Cadokie or Kaskaskia, on the presumption you will be there. Your friends and acquaintances here, and in Albemarle, are all well, so far as I have heard; and I recollect no other small news worth communicating. Present my friendly salutations to Mr. Clarke, and accept them affectionately yourself.

TO JOHN RANDOLPH

Washington, December 1, 1803.

Dear Sir,—The explanations in your letter of yesterday were quite unnecessary to me. I have had too satisfactory proofs of your friendly regard, to be disposed to suspect anything of a contrary aspect. I understood perfectly the expressions stated in the newspaper to which you allude, to mean, that "though the proposition came from the republican quarter of the House, yet you should not concur with it." I am aware that in parts of the Union, and even with persons to whom Mr. Eppes and Mr. Randolph are unknown, and myself little known, it will be presumed from their connection, that what comes from them comes from me. No men on earth are more independent in their sentiments than they are, nor any one less disposed than I am to influence the opinions of others. We rarely speak of politics, or of the proceedings of the House, but merely historically, and I carefully avoid expressing an opinion on them, in their presence, that we may all be at our ease. With other members, I have believed that more unreserved communications would be advantageous to the public. This has been, perhaps, prevented by mutual delicacy. I have been afraid to express opinions unasked, lest I should be suspected of wishing to direct the legislative action of members. They have avoided asking communications from me, probably, lest they should be suspected of wishing to fish out executive secrets. I see too many proofs of the imperfection of human reason, to entertain wonder or intolerance at any difference of opinion on any subject; and acquiesce in that difference as easily as on a difference of feature or form; experience having long taught me the reasonableness of mutual sacrifices of opinion among those who are to act together for any common object, and the expediency of doing what good we can, when we cannot do all we would wish.