Chapter XII: Part III: Continued (11)

We have received from your presses a very malevolent and incendiary denunciation of the administration, bottomed on absolute falsehood from beginning to end. The author would merit exemplary punishment for so flagitious a libel, were not the torment of his own abominable temper punishment sufficient for even as base a crime as this. The termination of Mr. Rose's mission, _re infecta_, put it in my power to communicate to Congress yesterday, everything respecting our relations with England and France, which will effectually put down Mr. Pickering, and his worthy coadjutor Mr. Quincy. Their tempers are so much alike, and really their persons, as to induce a supposition that they are related. The embargo appears to be approved, even by the federalists of every quarter except yours. The alternative was between that and war, and in fact, it is the last card we have to play, short of war. But if peace does not take place in Europe, and if France and England will not consent to withdraw the operation of their decrees and orders from us, when Congress shall meet in December, they will have to consider at what point of time the embargo, continued, becomes a greater evil than war. I am inclined to believe, we shall have this summer and autumn to prepare for the defence of our seaport towns, and hope that in that time, the works of defence will be completed which have been provided for by the Legislature. I think Congress will rise within three weeks.

I salute you with great affection and respect.

TO MR. GALLATIN.

March 26, 1808.

Mr. Madison happening to call on me just now, I consulted him on the subject of Hoffman's letter. We both think that it would be neither just nor expedient that the supplies necessary to the existence of the Indians should be cut off from them; and that if no construction of the embargo law will permit the passage of their commerce, and if that law could, and did intend to control the treaty, (the last of which is hardly to be believed,) then an amendment should be asked of Congress. I have no copy of the law by me, and indeed am too unwell for very close exercise of the mind. Affectionate salutations.

TO CHARLES PINCKNEY.

WASHINGTON, March 30, 1808.

DEAR SIR,--Your letter of the 8th was received on the 25th, and I proceed to state to you my views of the present state and prospect of foreign affairs, under the confidence that you will use them for your own government and opinions only, and by no means let them get out as from me. With France we are in no _immediate_ danger of war. Her future views it is impossible to estimate. The immediate danger we are in of a rupture with England, is postponed for this year. This is effected by the embargo, as the question was simply between that and war. That may go on a certain time, perhaps through the year, without the loss of their property to our citizens, but only its remaining unemployed on their hands. A time would come, however, when war would be preferable to a continuance of the embargo. Of this Congress may have to decide at their next meeting. In the meantime, we have good information, that a negotiation for peace between France and England is commencing through the medium of Austria. The way for it has been smoothed by a determination expressed by France (through the Moniteur, which is their government paper) that herself and her allies will demand from Great Britain no renunciation of her maritime principles; nor will they renounce theirs. Nothing shall be said about them in the treaty, and both sides will be left in the next war to act on their own. No doubt the meaning of this is, that all the _Continental_ powers of Europe will form themselves into an armed neutrality, to enforce their own principles. Should peace be made, we shall have safely rode out the storm in peace and prosperity. If we have anything to fear, it will be after that. Nothing should be spared from this moment in putting our militia in the best condition possible, and procuring arms. I hope, that this summer, we shall get our whole seaports put into that state of defence, which Congress has thought proportioned to our circumstances and situation; that is to say, put _hors d'insulte_ from a maritime attack, by a moderate squadron. If armies are combined with their fleets, then no resource can be provided, but to meet them in the field. We propose to raise seven regiments only for the present year, depending always on our militia for the operations of the first year of war. On any other plan, we should be obliged always to keep a large standing army. Congress will adjourn in about three weeks. I hope Captain McComb is getting on well with your defensive works. We shall be able by mid-summer, to give you a sufficient number of gun-boats to protect Charleston from any vessel which can cross the bar; but the militia of the place must be depended on to fill up the complement of men necessary for action in the moment of an attack, as we shall man them, in ordinary, but with their navigating crew of eight or ten good seamen.

I salute you with great esteem and respect.

TO MR. GALLATIN.

March 31, 1808.

If, on considering the doubts I shall suggest, you shall still think your draught of a supplementary embargo law sufficient, in its present form, I shall be satisfied it is so, for I have but one hour in the morning in which I am capable of thinking, and that is too much crowded with business to give me time to think.

1. Is not the first paragraph against the Constitution, which says no preference shall be given to the ports of one State over those of another? You might put down those ports as ports of entry, if that could be made to do.

2. Could not your second paragraph be made to answer by making it say that no clearance shall be furnished to any vessel laden with _provisions_ or _lumber_, to go from one port to another of the United States, without special permission, &c. In that case we might lay down rules for the necessary removal of provisions and lumber, inland, which should give no trouble to the citizens, but refuse licenses for all coasting transportation of those articles but on such applications from a Governor as may ensure us against any exportation but for the consumption of his State. Portsmouth, Boston, Charleston, and Savannah, are the only ports which cannot be supplied inland. I should like to prohibit _collections_, also, made evidently for clandestine importation.

3. I would rather strike out the words "in conformity with treaty" in order to avoid any express recognition at this day of that article of the British treaty. It has been so flagrantly abused as to excite the Indians to war against us, that I should have no hesitation in declaring it null, as soon as we see means of supplying the Indians ourselves.

I should have no objections to extend the exception to the Indian furs purchased by our traders and sent into Canada. Affectionate salutes.

TO MR. SMITH.

April 1, 1808.

I approve of your letter to Commodore Murray entirely, and in order to settle what shall be our course for the summer (now that we are tolerably clear, that no rupture with England is likely to take place during the summer), I propose, the first day that I can be well enough, for a couple of hours to ask a meeting of our colleagues to determine these questions.

Shall the proclamation be renewed or suffered to expire?

Shall the harbors of ordinary British resort (say New York, Lynhaven, and Charleston) be furnished with their full quota of gun-boats, with their _navigating_ crews?

Shall the residue of the 170 gun-boats be distributed among the other ports, with their navigating crews, or be laid up or left on their stocks?

Shall the frigates and Wasp be unmanned?

Affectionate salutations.

TO MR. GALLATIN.

April 2, 1808.

SIR,--On the amendments to the embargo law, I am perfectly satisfied with whatever you have concluded on after consideration of the subject. My view was only to suggest for your consideration, not having at all made myself acquainted with the details of that law. I therefore return you your bill, and wish it to be proposed. I will this day nominate Elmer. The delegates of North Carolina expect daily to receive information on the subject of a Marshal. Is the Register's office at New Orleans vacant? Claiborne says it is, and strongly recommends Robertson the Secretary. He will be found one of the most valuable men we have brought into the public service for integrity, talents and amiability. Affectionate salutations.

TO MR. GALLATIN.

April 8, 1808.

I suppose that Favre can carry his necessary provisions from New Orleans across the lake in a periagua or some other vessel, which may come under the exception of vessels under the immediate direction of the President, and that being an agent of the United States for the transmission of public intelligence, such a license is perfectly legitimate. If this were a matter of doubt, its solution would be to be sought in the intention of the Legislature, which was to keep our seamen and property from capture, and to starve the offending nations. But Favre is our own agent, and we may as well remit provisions to him as money to our other foreign agents. It appears to me to be so clearly out of the scope of the prohibitions of the embargo law, and within its exceptions, that I should be for allowing him to take out his provisions for his family, under the superintendence of the Collector. Affectionate salutations.

TO MR. JOHN JACOB ASTOR.

WASHINGTON, April 13, 1808.

SIR,--I have regretted the delay of this answer to your letter of February 27th, but it has proceeded from circumstances which did not depend on me. I learn with great satisfaction the disposition of our merchants to form into companies for undertaking the Indian trade within our own territories. I have been taught to believe it an advantageous one for the individual adventurers, and I consider it as highly desirable to have that trade centred in the hands of our own citizens. The field is immense, and would occupy a vast extent of capital by different companies engaging in different districts. All beyond the Mississippi is ours exclusively, and it will be in our power to give our own traders great advantages over their foreign competitors on this side the Mississippi. You may be assured that in order to get the whole of this business passed into the hands of our own citizens, and to oust foreign traders, who so much abuse their privilege by endeavoring to excite the Indians to war on us, every reasonable patronage and facility in the power of the Executive will be afforded. I salute you with respect.

TO MR. GALLATIN.

April 14, 1808.

I should think Mr. Woodside's application to send provisions for the family of our consul at Madeira, admissible on the same ground as that lately to Favre, were the necessity as evident, but I suppose it can hardly be doubted that England will procure provisions for that island, and there is danger of one precedent in our relaxations begetting another till we may get out of the limits of the law and its object.

The application for the establishment of a packet on Lake Champlain cannot be admitted. Such an establishment is by no means within the description of those which we have proposed to license; it would give too great a facility to evade the law, and the builder is in no worse situation than the many others who began their vessels before the embargo law, and who will not be permitted to use them till that is repealed. Affectionate salutations.

TO THE SECRETARY OF THE TREASURY.

April 19, 1808.

DEAR SIR,--Sincerely sympathizing in your distress, which much experience in the same school has taught me to estimate, I could not have been induced to intrude on it by anything short of the urgency of the case stated by Penniman on Lake Champlain. Messrs. Robinson and Witherall tell me the whole of the business will be over early in May, when the fall of the water renders the rapids impassable for rafts. They think vessels of any kind desired, can be had on the Lake at a moment's warning, and guns of 6 lbs. ball, there also, mounted on them by procurement of the collector, and that the governor would order any assistance of militia on being written to. Believing it important to crush every example of forcible opposition to the law, I propose to ask the other gentlemen to a consultation immediately, and for their and my guide have to request any ideas on the subject which you can hastily give me on paper, for which I would not have troubled you, but from a confidence that your knowledge of the character and means possessed by the collector there, and of the local circumstances to be attended to, may enable us to decide on what will be most proper and effectual. I salute you with affection.

P. S. Return me Penniman's letter if you please, to lay before the gentlemen.

TO MR. GALLATIN.

April 19, 1808.

We have concluded as follows:

1st. That a letter from your department to the collector on Lake Champlain, shall instruct him to equip and arm what vessels he can and may think necessary, and luggage as many persons on board them as may be necessary, and can be engaged _voluntarily_ by force of arms, or otherwise, to enforce the law.

2d. The Secretary of State writes to the Marshall, if the opposition to the law is too powerful for the collector, to raise his posse, (which, as a peace officer, he is fully authorized to do on any forcible breach of the peace,) and to aid in suppressing the insurrection or combination.

3d. The Secretary at War desires the Governor, if the posse is inadequate, to publish a proclamation with which he is furnished, and to call on the militia. He is further, by a private letter, requested to repair to the place, and lend the aid of his counsel and authority according to exigencies.

We have further determined to build two gun-boats at Skanesborough. Affectionate salutations.

P. S. General Dearborne has Penniman's letter to copy for the Governor.

TO MR. GALLATIN.

April 22, 1808.

Did I lend you the Pennsylvania act permitting our Western road to pass through that State? If I did, or if you have a copy of it, I shall be very glad to see it. Mr. Hodge gave me notice yesterday that there would be legal opposition to that road's passing in any other direction than through Washington, their construction being, that if in fact a _good_ road can be got by Washington, the law obliges me to direct it through that; and they have got a survey made on which they affirm the fact to be that a _good_ road may be had. I know my determination was not to yield to the example of a State's prescribing the direction of the road; and I understood the law as leaving the route ultimately to me. If I have misconstrued the law, I shall be sorry for the money spent on a misconstruction, but that loss will be a lesser evil to the United States than a single example of yielding to a State the direction of a road made at the national expense and for national purposes. If you have not the law, I must write by this day's post to Mr. Moore, to suspend all further proceedings till we can see whether we are really at liberty to pursue the route we have proposed, or must adopt another which shall not enter the State of Pennsylvania.

Affectionate salutations.

TO MR. GALLATIN.

April 23, 1808.

My ideas on the questions relative to the active letter of Marque stated in your letter of yesterday, are as follows:

1st. Letters of Marque have been considered, ever since the decisions of 1703, to be of a mixed character, but that the commercial character predominates; and as a commercial vessel of private property we have in some cases since the proclamation of July, considered them as not included in its restrictions.

2d. The law of 1794, June 5th, certainly exempts the enlistment of foreigners in this country on board the vessels of their sovereign, from the penalties of that law, and leaves the subject merely under the law of nations. By that law the right of enlistment in a neutral country, given to both belligerents if they can devise equal advantage from it, is no breach of neutrality, but otherwise becomes questionable. We may, justly, I think, permit a vessel of either nation to supply its desertions by new engagements; but we should be cautious as to permitting them to increase their number, to carry away more than they brought in.

3d. It is difficult to draw a line between the two cases where the collector should consult the government, and where the district attorney. Where a case is political, rather than legal, or where it arises even on a _law_ whose object is rather political than municipal, the government should be consulted; and where the district attorney is the proper resort, still it should be on consultation by the collector, and not by the party interested. Affectionate salutations.

TO THE SECRETARY OF STATE.

April 23, 1808.

Notes on the British claims in the Mississippi territory.

1803, March 3d, act of Congress gave to March 31, 1804, to exhibit their claims on grants.

1804, March 27, act of Congress gave to November 30, 1804, and allowed transcripts instead of originals, &c.

1805, March 2d, act of Congress gave to December 1, 1805, to file their grants. And in fact to Jan 1, 1807, time when the sale might begin.

1807, December 15, the British claimants memorialize again.

On no one of the acts did the British claimant take any step towards specifying his claim or its location, but remained inactive till the time was expired, and then remonstrated to his government that we had not given them time sufficient. And on the last of 1805, instead of having come forward with his claims, ready to avail himself of the third term which was then to be asked, and which was granted nominally to December 1, 1805, but in effect to January 1, 1807, he stays at home inactive, and on the 15th of December, 1807, again gives in a memorial that we have not given time enough, but still takes no step to inform us what and where his claim is.

Although these titles may have been confirmed by treaty, yet they could not thereby be intended to be withdrawn from the jurisdiction or conditions on which lands are held even by citizens. It is evident that these claimants are speculators, whose object is to make what profit they can out of the patronage of the government, but to make no sacrifice of themselves either of money or trouble. They are entitled, therefore, to no further notice from either government. However, Mr. Erskine may be informed _verbally_, that as the day of commencing sales of lands there is now put off to January 1, 1809, if any of these claimants will, before that day, file their claim, with its _precise location_, the executive is authorized to suspend the sale of any particular parcels, and will as to that, till the proper authority can decide on the title, but that the settlement of that country in general, is too pressing to be delayed one day by claims under the circumstances of these.

TO MR. GALLATIN.

April 23, 1808.

The leading object of the enclosed application from the owners of the Topaz, is to send witnesses and documents to save the property of the ship and cargo seized. But as the Topaz would be insufficient to bring home the whole property if cleared, the permission of sending a vessel may be on the ordinary ground of bringing home the property. But do the restrictions of the embargo laws (for I have them not) inhibit the passing from port to port as proposed in the enclosed? And do they admit, (in case the Topaz and her cargo are condemned,) that the vessel sent out should bring home other property to cover the expenses of the ineffectual voyage? On these questions I must ask your opinion, as General Smith will call on me to-morrow. The questions had been brought to me originally by Mr. Taylor, because he happened to come at a moment when you were confined. Affectionate salutes.

TO WM. RODNEY.

April 24, 1808.

Thomas Jefferson returns the enclosed to Mr. Rodney, with thanks for the communication. It is very evident that our embargo, added to the exclusions from the Continent, will be most heavily felt in England and Ireland. Liverpool is remonstrating, and endeavoring to get the other posts into motion. Yet the bill confirming the orders of council is ordered to a third reading, which shows it will pass. Congress has just passed an additional embargo law, on which if we act as boldly as I am disposed to do, we can make it effectual. I think the material parts of the enclosed should be published. It will show our people that while the embargo gives us double rations, it is starving our enemies. This six months' session has worn me down to a state of almost total incapacity for business. Congress will certainly rise to-morrow night, and I shall leave this for Monticello on the 5th of May, to be here again on the 8th of June. I salute you with constant affection and respect.

TO COLONEL WASHINGTON.

WASHINGTON, April 24, 1808.

DEAR SIR,--So uncertain has been the situation of our affairs with England, and yet so much bearing would they have on those with the Indians, that I have delayed answering your favor of October 5th until I could see a little way before me. At present I think a continuance of our peace till the next meeting of Congress (November) probable. I have now addressed a message to the Indians in the north-west, in which I inform them of our differences with England, and of the uncertainty how they will issue. Assure them of the continuance of our friendship, and advise them in any event to remain quiet at home, taking no part in our quarrel, and declaring unequivocally that if any nation takes up the hatchet against us, we will drive them from the land of their fathers, and never more permit their return. With respect to the prophet, I really believe the opinion you formed of his views is correct. But we have heard so many different stories since, that we are awaiting some information which we expect to receive before we make up a definitive opinion. This much, however, we determine; and he might know that if we become dissatisfied that his views are friendly, we shall extend to him all the patronage and good offices in our power, and shall establish a store in his new settlement; and particularly if we find him endeavoring to reform the morality of the Indians, and encourage them in industry and peace, we shall do what we can to render his influence as extensive as possible. I had been in hopes that a change in the British ministry would have produced a revocation of the orders of council, which called for our embargo, and an European peace, so as to have removed all danger of our being dragged into the war. But our advices to the 14th of March show they still retained a good majority in Parliament. Should they continue in office, our peace will continue uncertain. Accept my salutations, and assurances of great esteem and respect.

TO THE SECRETARY OF THE TREASURY.

April 30, 1808.

_Case of the Fleusburg._

Our laws permit a foreigner to hold any property in our country, except lands. A foreigner may contract for a ship to be built for him, so that she will be his from the time of laying the keel; or he may contract so as that she shall be his only when launched, or when rigged, &c. The act of delivery to him or his agents fixes, in that case, the moment when she becomes his property. If the Fleusburg was delivered to the agent of the Danish merchant, by such an act of delivery as by our laws will transfer personal property, before the 22d of December, she was then Danish property. The statement says that a bill of building and sale, dated December 10th, proved her to be then Danish property. If the collector shall find that she was actually Danish property before December 22d, I should think her entitled as a foreign vessel. I suppose she did not take out an American register. This would be corroborative proof that, though built in America, she was not meant to be, nor ever became, an American bottom; for I presume the register is what completes the American bottom. The matter of fact should be proved to the collector.

_Rhode Island Packets._

The pretension that the navigation from Newport to New York is entirely a navigation of rivers, bays, and sounds, would take from language all kind of certainty. There is not one point of the coast of Rhode Island, from which a perpendicular line does not lead into the main ocean. A very small proportion of these would lead across Block Island. But to say that Block Island covers the whole coast from Martha's Vineyard to Long Island, so as to make it a Sound, is too gross for any one who casts his eyes on the maps. The difference of regulation, too, between bay-craft and coasting vessels, since the act of April 25th, is very inconsiderable.

TO GENERAL DEARBORNE.

April 29, 1808.

Thomas Jefferson will thank General Dearborne to consider the enclosed. The writer appears to have that sincere enthusiasm for his undertaking which will ensure success. The education of the common people around Detroit is a most desirable object, and the proposition of extending their views to the teaching the Indian boys and girls to read and write, agriculture and mechanic trades to the former, spinning and weaving to the latter, may perhaps be acceded to by us advantageously for the Indians, and the bounties paid for them be an aid to the other objects of the institution. Affectionate salutations.

TO THE SECRETARY OF STATE.

April 30, 1808.

Notes on such parts of Fronda's letter of April 26th, 1808, as are worth answering:--

I. I know of no recent orders to Governor Claiborne as to the navigation of the Mississippi, Uberville, and Pontchartrain; he should specify them, but he may be told that no order has ever been given contrary to the rights of Spain. These rights are, 1st, a treaty right that "the ships of Spain coming directly from Spain or her colonies, loaded only _with the produce_ or manufactures of Spain or her colonies, shall be admitted during the space of twelve years in the ports of New Orleans, and in all other legal ports of entry within the ceded territory, in the same manner as the ships of the United States, &c." 2d. A right of innocent passage from the mouth of the Mississippi to 31° of latitude, exactly commensurate with our right of innocent passage up the rivers of Florida to 31° of latitude.

II. In answer to his question whether we consider Mobile among the ports of the United States, he may be told that so long as we consider the question whether the Perdido is not the eastern boundary of Louisiana, as continuing in a train of amicable proceedings for adjustment, so long that part only of the river Mobile, which is above 31° of latitude, will be considered among the ports of the United States, withholding the exercise of jurisdiction on our part within the disputed territory, on the general principle of letting things remain in _statu quo pendente lite_.

There is nothing else in this letter worth answering.

TO WILLIAM LYMAN, ESQ.

WASHINGTON, April 30, 1803.

SIR,--Your favor of the 11th of July came to hand a little before the meeting of Congress, and soon after I received the apparatus for stylographic writing, which you were so kind as to send me, for which I pray you to receive my particular thanks.

The invention is certainly very ingenious, and while it compares advantageously with all others in other circumstances, it has an unrivalled preference as being so much more profitable. I had never heard of the invention till your letter announced it, for these novelties reach us very late, which renders your attentions on the occasion more acceptable, and more entitled to the acknowledgments which I now tender. The decrees and orders of the belligerent nations having amounted nearly to declarations that they would take our vessels wherever found. Congress thought it best in the first instance to break off all intercourse with them. They adjourned on Monday last, having passed an act authorizing me to suspend the embargo whenever the belligerents should revoke their decrees or orders as to us. The embargo must continue, therefore, till they meet again in November, unless the measures of the belligerents should change. When they meet again, if these decrees and orders still continue, the question which they will have to decide will be, whether a continuance of the embargo or war will be preferable. In the meantime great advances are making in the establishment of manufactures. Those of cotton will, I think, be so far proceeded on, that we shall never again have to recur to the importation of cotton goods for our own use. I tender you my salutations, and the assurances of my great respect.

TO GENERAL ARMSTRONG.

WASHINGTON, May 2, 1808.

DEAR GENERAL,--A safe conveyance offering by a special messenger to Paris, I avail myself of it to bring up my arrears to my foreign correspondents. I give them the protection of your cover, but to save the trouble of your attention to their distribution, I give them an inner cover to Mr. Harden, whose attentions heretofore have encouraged me to ask this favor of him. But should he not be with you, I must pray you to open my packages to him, and have them distributed, as it is of importance that some of them should be delivered without delay. I shall say nothing to you on the subject of our foreign relations, because you will get what is official on that subject from Mr. Madison.

During the present paroxysm of the insanity of Europe, we have thought it wisest to break off all intercourse with her. We shall, in the course of this year, have all our seaports, of any note, put into a state of defence against naval attacks. Against great land armies we cannot attempt it but by equal armies. For these we must depend on a classified militia, which will give us the service of the class from twenty to twenty-six, in the nature of conscripts, composing a body of about 250,000, to be specially trained. This measure, attempted at a former session, was passed at the last, and might, I think, have been carried by a small majority. But considering that great innovations should not be forced on a slender majority, and seeing that the general opinion is sensibly rallying to it, it was thought better to let it lie over to the next session, when, I trust, it will be passed. Another measure has now twice failed, which I have warmly urged, the immediate settlement by donation of lands, of such a body of militia in the territories of Orleans and Mississippi, as will be adequate to the defence of New Orleans. We are raising some regulars in addition to our present force, for garrisoning our seaports, and forming a nucleus for the militia to gather to. There will be no question who is to be my successor. Of this be assured, whatever may be said by newspapers and private correspondences. Local considerations have been silenced by those dictated by the continued difficulties of the times. One word of friendly request: be more frequent and full in your communications with us. I salute you with great friendship and respect.

TO GENERAL KOSCIUSKO.

WASHINGTON, May 2, 1808.

MY VERY DEAR GENERAL,--A safe conveyance offering by a special messenger to Paris, Mr. Barnes has requested me to avail you of it, by sending a remittance of a thousand dollars, for which a draught is under cover. I shall not write to you on the subject of our foreign relations, because of the dangers by sea and the dangers by land. During the present paroxysm of the insanity of Europe, we have thought it wisest to break off all intercourse with her. We shall, in the course of this year, have all our seaports of any note put into a state of defence against naval attacks. Against great land armies we cannot attempt it but by equal armies. For these we must depend on a classified militia, which will give us the service of the class from twenty to twenty-six, in the nature of conscripts, composing a body of about 250,000, to be specially trained. This measure, attempted at a former session, was passed at the last, and might, I think, have been carried by a small majority; but considering that great innovations should not be forced on slender majorities, and seeing that the public opinion is sensibly rallying to it, it was thought better to let it lie over to the next session, when I trust it will be passed. Another measure has now twice failed, which I have warmly urged, the immediate settlement by donation of lands of such a body of militia in the territories of Orleans and Mississippi, as will be adequate to the defence of New Orleans. We are raising some regulars in addition to our present force, for garrisoning our seaports, and forming a nucleus for the militia to gather to. There will be no question who is to be my successor. Of this be assured, whatever may be said by newspapers and private correspondences; local considerations have been silenced by those dictated by the continued difficulties of the times. I salute you with sincere and constant friendship and great respect.

TO MR. SMITH.

May 3, 1808.

I enclose you a petition from a woman (Mary Barnett) who complains that her son of thirteen years of age, is detained against her will in the naval military service. Having never before received an application of the kind in that department, I know not what are the rules there. But in the land service we have had many cases of enlistments of infants, and there the law is considered to be, and our practice in conformity, as follows: An infant is considered as incapable of binding himself by enlistment, and may at any time be reclaimed by a parent, guardian, next friend, or may quit of his own accord, on complaint from a parent, &c. We direct the officer to inquire into the fact of infancy, and if he believes him under age he discharges him. If he believes him of full age, we advise the parent, &c., that he may take out a Habeas Corpus, and have the fact tried before an impartial judge: if enlisted with the consent of the parent, &c., it must be by indentures as prescribed by law for an apprentice or servant, this being the only mode of obligation in which the law will compel _specific_ execution. In case of a verbal or a common written subscription of engagement, even with consent of the parent, _damages_ only can be recovered for withdrawing from it. I presume the rules in the Navy Department must be the same, as we must conform ourselves to the law in all departments. I directed the woman to call on me again to-morrow. Will you be so good as to enable me to give her an answer? Affectionate salutations.

TO GOVERNOR TOMPKINS.

WASHINGTON, May 4, 1808.

SIR,--I duly received your favor of April 18th, covering an Act of the legislature of New York, appropriating $100,000 to aid and expedite the defence of the city and port of New York, and $20,000 to aid in and contribute to the defence of the northern and western frontiers, and expressing a desire to receive an opinion on the application of those sums.

In carrying into execution the provisions of Congress, at their last session, for fortifying on a just view of the relative importance of the places, combined with their degree of exposure, and capability of defence, and in such way as to require a moderate permanent force of regulars, relying much, in case of sudden attack on the aid of the militia. Among the objects of our care, New York stands foremost in the points of importance and exposure; and, if permitted, we shall provide such defences for it as, in our opinion, will render it secure against attacks by sea. The particulars of what is proposed to be done can be made known to you by Colonel Williams, as it is probable these may not comprehend everything which the anxieties of the citizens might think of service in their defence. I suggest for your consideration, the idea of applying the fund appropriated to this object, by your legislature, to such supplementary provisions as in your judgment might be necessary to render ours adequate to fulfil the views and confidence of your citizens. Of this however, you are the best judge. But I cannot omit to urge that no time should be lost in deciding on so much of the plan proposed by the Secretary at War, as depends on a cession from the State authorities.

It appears to me that it would be well to have a post on the Saint Lawrence, as near our line as a commanding position could be found, that it might afford some cover for our most advanced inhabitants. But if a rupture takes place now, such a post would too soon lose all its value, to be worth building at this time. It is only in the event of a solid accommodation with Great Britain, and their retaining their present possessions, that it might become worthy of attention. I do not know that the $20,000 appropriated by the State of New York, "to aid in, and contribute to, the defence of the northern and western frontiers," could be better applied than as supplementary to our provisions in this quarter also. We cannot, for instance, deliver out our arms to the militia, until called into the field. Yet it would be a great security had every militia man on these frontiers a good musket in his hands. However, here again your Excellency is the best judge, and I have hazarded these ideas as to the application of the appropriations, only on the wish you expressed that I would do it, and on my own desire to interchange ideas with frankness, and without reserve with those charged, in common with myself with the public interests. I beg leave to tender you the assurances of my high esteem and respect.

TO ----.

May 5, 1808.

GREAT AND GOOD FRIEND,--Having learnt the safe arrival of your Royal Highness at the city of Rio Janeiro, I perform with pleasure the duty of offering you my sincere congratulations by Mr. Hill, a respected citizen of the United States, who is specially charged with the delivery of this letter.

I trust that this event will be as propitious to the prosperity of your faithful subjects as to the happiness of your Royal Highness, in which the United States of America have ever taken a lively interest. Inhabitants now of the same land, of that great continent which the genius of Columbus has given to the world, the United States feel sensibly that they stand in new and closer relations with your Royal Highness, and that the motives which heretofore nourished the friendly relations which have so happily prevailed, have acquired increased strength on the transfer of your residence to their own shores. They see in prospect, a system of intercourse between the different regions of this hemisphere of which the peace and happiness of mankind may be the essential principle. To this principle your long-tried adherence, for the benefit of those you governed, in the midst of warring powers, is a pledge to the new world that its peace, its free and friendly intercourse, will be your chief concern. On the part of the United States I assure you, that these which have hitherto been their ruling objects, will be most particularly cultivated with your Royal Highness and your subjects at Brazil, and they hope that that country so favored by the gifts of nature, now advanced to a station under your immediate auspices, will find, in the interchange of mutual wants and supplies, the true aliment of an unchanging friendship with the United States of America.

I pray to God, great and good friend, that in your new abode you may enjoy health, happiness, and the affections of your people, and that He will always have you in His safe and holy keeping.

Done at Washington, &c.

TO THE GOVERNORS OF NEW ORLEANS, GEORGIA, SOUTH CAROLINA, MASSACHUSETTS AND NEW HAMPSHIRE.

WASHINGTON, May 6, 1808.

SIR,--The evasions of the preceding embargo laws went so far towards defeating their objects, and chiefly by vessels clearing out coast-wise, that Congress, by their act of April 25th, authorized the absolute detention of all vessels bound coast-wise with cargoes exciting suspicions of an intention to evade those laws. There being few towns on our sea-coast which cannot be supplied with flour from their interior country, shipments of flour become generally suspicious and proper subjects of detention. Charleston is one of the few places on our seaboard which need supplies of flour by sea for its own consumption. That it may not suffer by the cautions we are obliged to use, I request of your excellency, whenever you deem it necessary that your present or any future stock should be enlarged, to take the trouble of giving your certificate in favor of any merchant in whom you have confidence, directed to the collector of any port, usually exporting flour, from which he may choose to bring it, for any quantity which you may deem necessary for consumption beyond your interior supplies, enclosing to the Secretary of the Treasury at the same time a duplicate of the certificate as a check on the falsification of your signature. In this way we may secure a supply of the real wants of our citizens, and at the same time prevent those wants from being made a cover for the crimes against their country which unprincipled adventurers are in the habit of committing. I trust, too, that your excellency will find an apology for the trouble I propose to give you, in that desire which you must feel in common with all our worthy citizens, that inconveniences encountered cheerfully by them for the interests of their country, shall not be turned merely to the unlawful profits of the most worthless part of society. I salute your excellency with assurances of my high respect and consideration.

TO MR. GALLATIN.

May 6, 1808.

In the outset of the business of detentions, I think it impossible to form precise rules. After a number of cases shall have arisen they may probably be thrown into groups and subjected to rules. The great leading object of the Legislature was, and ours in execution of it ought to be, to give complete effect to the embargo laws. They have bidden agriculture, commerce, navigation, to bow before that object, to be nothing when in competition with that. Finding all their endeavors at general rules to be evaded, they finally gave us the power of detention as the panacea, and I am clear we ought to use it freely that we may, by a fair experiment, know the power of this great weapon, the embargo. Therefore, to propositions to carry flour into the Chesapeake, the Delaware, the Hudson, and other _exporting_ places, we should say boldly it is not wanted there for consumption, and the carrying it there is too suspicious to be permitted. In consequence of the letters to the Governors of the flour-importing States, we may also say boldly that there being no application from the Governor is a proof it is not wanting in those States, and therefore must not be carried. As to shuffling of cotton, tobacco, flax seed, &c., from one port to another, it may be some trifling advantage to individuals to change their property out of one form into another, but it is not of a farthing's benefit to the nation at large, and risks their great object in the embargo. The want of these at a particular place should be very notorious to the collector and others, to take off suspicion of illicit intentions. Dry goods of Europe, coal, bricks, &c., are articles entirely without suspicion. I hazard these things for your consideration, and I send you a copy of the letter to the Governors, which may be communicated in form to the collectors to strengthen the ground of suspicion. You will be so good as to decide these cases yourself, without forwarding them to me. Whenever you are clear either way, so decide; where you are doubtful, consider me as voting for detention, being satisfied that individuals ought to yield their private interests to this great public object.

TO THE SECRETARY AT WAR.

MONTICELLO, May 12, 1808.

DEAR SIR,--My journey and two days' detention on the road by high waters, gave me time to reflect on our canal at New Orleans, on which I will therefore hazard some thoughts.

I think it has been said that the Mississippi, at low water, is many feet lower opposite New Orleans than Lake Pontchartrain. But the fact is impossible, being in contradiction to the laws of nature; two beds of dead water connected with the same ocean, in vicinity to one another, must each be in the level of that ocean, and consequently of one another. Although Pontchartrain receives the Amite and some other small streams, they probably do little more than supply its evaporation. No doubt, however, that the lake must receive the small ebb and flow of the sea. The Mississippi, on the contrary, even at its lowest tide, always flows downwards to and beyond its mouth; it must, then, at New Orleans, be one, two, or three feet higher than the sea, and consequently than Pontchartrain.

If a simple canal were cut from that of Carondelet to the Mississippi without lock or gate, there would be two risks. 1. That in high water of the Mississippi the current would be too strong for a gun-boat to ascend or descend. This might perhaps be remedied by the draught of horses. 2. The force of such a current, (unless the whole canal were lined with brick or masonry,) might convert the canal into a bay, one of an unknown size, and involve New Orleans in it.

On the whole, I suspect our plan is pretty obvious: suppose we want six feet water; make a canal of that depth below the lowest ebb of Pontchartrain from the lake to where the lock is to be placed,--then bring a canal from the river to the lock, the depth of which shall be six feet below the lowest water of the Mississippi ever known; at the back there will be a descent, suppose of one, two or three feet, or any other number. The lock remedies that. If the lock were near the lake it would lessen the work by giving nearly the whole length to the shallowest canal, and it would probably be in a more tranquil and safe situation. But it might be inconvenient, perhaps unsafe, to the sides of the Mississippi canal, to permit such a depth of water as would be in it, through its whole length, at the time of the high water of that river. Of the best position, therefore, of the lock, the superintendent must judge on the spot, as he must indeed of the correctness of all the preceding conjectures, formed without a knowledge of the localities. They are hazarded merely to give us some fixed notions of the nature of the enterprize, and are submitted to your consideration. I salute you with affectionate respect.

TO THE SECRETARY OF THE TREASURY.

MONTICELLO, May 15, 1808.

DEAR SIR,--I received yesterday the enclosed letter from a Mr. Wood, of New York. I should suppose the fruits of Europe stood nearly on the ground of the dry goods of Europe, not tempting evasion by exorbitant prices, nor defeating the object of the embargo in any important degree, even if a deviation should take place. I send it to yourself for decision and answer, in order that there may be an uniformity in the decisions. I am really glad to find the collector so cautious, and hope others will be equally so, and I place immense value in the experiment being fully made, how far an embargo may be an effectual weapon in future as well as on this occasion. I salute you with affection and respect.

P. S. Will you send me sixteen copies of my letters to the Governors of Orleans, Georgia, &c., which I think you proposed to have printed? I will enclose it to the other governors with explanations.

TO THE SECRETARY OF THE TREASURY.

MONTICELLO, May 17, 1808.

DEAR SIR,--Yours of the 16th came to hand last night. As the lead mines do not press in point of time, I would rather they should be the subject of a conversation on my return. It is not merely a question about the terms we have to consider, but the expediency of working them. As to the Savannah revenue cutter, I approve of the proposition in your letter, or whatever else you may think proper to be done. The regular traders to New Orleans may be admitted to go as usual, the characters of the owners being known to be safe, and provisions and lumber being excepted. Cotton perhaps may be permitted to be brought back on the consideration that its price in Europe is not likely to be such as that the adventurers may afford to pay all the forfeitures. I presume Mr. Price's application, which I enclose you, will fall under this general permission. Will you be so good as to have the proper answer given him. If we change our rule of tonnage for Mr. Murray's purpose, the next application will be for such a rate of tonnage as will allow them to bring back their property in the form of hay. General Dearborne has occasion to send a vessel to Passamaquoddy with cannon for the batteries, and perhaps provision for the troops, and has asked me to send him a blank license. But as these licenses are not signed by me, I refer him to you for the necessary arrangements.

I shall sincerely lament Cuba's falling into any hands but those of its present owners. Spanish America is at present in the best hands for us, and "Chi sta bene, non si muove" should be our motto. I salute you with affection.

TO THE SECRETARY OF STATE.

MONTICELLO, May 19, 1808.

DEAR SIR,--I now return you the papers reserved from the last post. Our regular answer to Mr. Livingston may well be, that the Attorney General having given an official opinion that the right to the batture is in the United States, and the matter being now referred to Congress, it is our duty to keep the grounds clear of any adversary possession, until the Legislature shall decide on it. I have carefully read Mr. Livingston's printed memoir. He has shaken my opinion as to the line within the road having been intended as a line of _boundary_ instead of its being a line of _admeasurement_ only. But he establishes another fact by the testimony of Fendeau, very fatal to his claim; to wit, that the high-water mark, "batture, ou viennent _battre_ les eaux lorsqu elles sont dans leurs plus grandes croissances," is the universal boundary of private grants on the river.

Your observations on his allegations that Gravier's grant must be under the Spanish law, because after the cession of the province by France to Spain, though before delivery of possession, are conclusive. To which may be added, that Louis XIV. having established the Constumes de Paris as the law of Louisiana, this was not changed by the mere act of transfer; on the contrary, the laws of France continued and continue to be the law of the land, except where specially altered by some subsequent edict of Spain or act of Congress. He has not in the least shaken the doctrine that the bed of the river, and all the atterrissements or banks which arise on it by the depositions of the river, are the property of the King by a peculiarity in the law of France; so that nothing quoted from those of Spain or the Roman law is of authority on that point. Affectionate salutations.