TO JOHN TAYLOR
j. mss.
Washington Jan. 6, 1805.
Dear Sir,
—Your favor of Dec. 26th has been duly received, and was received as a proof of your friendly partialities to me, of which I have so often had reason to be sensible. My opinion originally was that the President of the U. S. should have been elected for 7. years, & forever ineligible afterwards. I have since become sensible that 7. years is too long to be irremovable, and that there should be a peaceable way of withdrawing a man in midway who is doing wrong. The service for 8. years with a power to remove at the end of the first four, comes nearly to my principle as corrected by experience. And it is in adherence to that that I determined to withdraw at the end of my second term. The danger is that the indulgence & attachments of the people will keep a man in the chair after he becomes a dotard, that reelection through life shall become habitual, & election for life follow that. Genl. Washington set the example of voluntary retirement after 8. years. I shall follow it, and a few more precedents will oppose the obstacle of habit to anyone after a while who shall endeavor to extend his term. Perhaps it may beget a disposition to establish it by an amendment of the constitution. I believe I am doing right, therefore, in pursuing my principle. I had determined to declare my intention, but I have consented to be silent on the opinion of friends, who think it best not to put a continuance out of my power in defiance of all circumstances. There is, however, but one circumstance which could engage my acquiescence in another election, to wit, such a division about a successor as might bring in a Monarchist. But this circumstance is impossible. While, therefore, I shall make no formal declarations to the public of my purpose, I have freely let it be understood in private conversation. In this I am persuaded yourself & my friends generally will approve of my views: and should I at the end of a 2d term carry into retirement all the favor which the 1st has acquired, I shall feel the consolation of having done all the good in my power, and expect with more than composure the termination of a life no longer valuable to others or of importance to myself. Accept my affectionate salutations & assurances of great esteem & respect.
TO WILLIAM A. BURWELL
j. mss.
Washington Jan. 28, 05.
Dear Sir,
—Your letter of the 18th has been duly received and Mr. Coles consents to remain here till the 4th of March, when I shall leave this place for Monticello and pass a month there. Consequently if you can join me here the second week in April it will be as early as your absence could effect my convenience. I have long since given up the expectation of any early provision for the extinguishment of slavery among us. There are many virtuous men who would make any sacrifices to affect it, many equally virtuous who persuade themselves either that the thing is not wrong, or that it cannot be remedied, and very many with whom interest is morality. The older we grow, the larger we are disposed to believe the last party to be. But interest is really going over to the side of morality. The value of the slave is every day lessening; his burden on his master daily increasing. Interest is therefore preparing the disposition to be just; and this will be goaded from time to time by the insurrectionary spirit of the slaves. This is easily quelled in it’s first efforts; but from being local it will become general, and whenever it does it will rise more formidable after every defeat, until we shall be forced, after dreadful scenes & sufferings to release them in their own way, which, without such sufferings we might now model after our own convenience. Accept my affectionate salutations.
SECOND INAUGURAL ADDRESS
j. mss.
March 4, 1805.
Proceeding, fellow citizens, to that qualification which the constitution requires, before my entrance on the charge again conferred upon me, it is my duty to express the deep sense I entertain of this new proof of confidence from my fellow citizens at large, and the zeal with which it inspires me, so to conduct myself as may best satisfy their just expectations.
On taking this station on a former occasion, I declared the principles on which I believed it my duty to administer the affairs of our commonwealth. My conscience tells me that I have, on every occasion, acted up to that declaration, according to its obvious import, and to the understanding of every candid mind.
In the transaction of your foreign affairs, we have endeavored to cultivate the friendship of all nations, and especially of those with which we have the most important relations. We have done them justice on all occasions, favored where favor was lawful, and cherished mutual interests and intercourse on fair and equal terms. We are firmly convinced, and we act on that conviction, that with nations, as with individuals, our interests soundly calculated, will ever be found inseparable from our moral duties; and history bears witness to the fact, that a just nation is taken on its word, when recourse is had to armaments and wars to bridle others.
At home, fellow citizens, you best know whether we have done well or ill. The suppression of unnecessary offices, of useless establishments and expenses, enabled us to discontinue our internal taxes. These covering our land with officers, and opening our doors to their intrusions, had already begun that process of domiciliary vexation which, once entered, is scarcely to be restrained from reaching successively every article of produce and property. If among these taxes some minor ones fell which had not been inconvenient, it was because their amount would not have paid the officers who collected them, and because, if they had any merit, the state authorities might adopt them, instead of others less approved.
The remaining revenue on the consumption of foreign articles, is paid cheerfully by those who can afford to add foreign luxuries to domestic comforts, being collected on our seaboards and frontiers only, and incorporated with the transactions of our mercantile citizens, it may be the pleasure and pride of an American to ask, what farmer, what mechanic, what laborer, ever sees a tax-gatherer of the United States? These contributions enable us to support the current expenses of the government, to fulfil contracts with foreign nations, to extinguish the native right of soil within our limits, to extend those limits, and to apply such a surplus to our public debts, as places at a short day their final redemption, and that redemption once effected, the revenue thereby liberated may, by a just repartition among the states, and a corresponding amendment of the constitution, be applied, in time of peace, to rivers, canals, roads, arts, manufactures, education, and other great objects within each state. In time of war, if injustice, by ourselves or others, must sometimes produce war, increased as the same revenue will be increased by population and consumption, and aided by other resources reserved for that crisis, it may meet within the year all the expenses of the year, without encroaching on the rights of future generations, by burdening them with the debts of the past. War will then be but a suspension of useful works, and a return to a state of peace, a return to the progress of improvement.
I have said, fellow citizens, that the income reserved had enabled us to extend our limits; but that extension may possibly pay for itself before we are called on, and in the meantime, may keep down the accruing interest; in all events, it will repay the advances we have made. I know that the acquisition of Louisiana has been disapproved by some, from a candid apprehension that the enlargement of our territory would endanger its union. But who can limit the extent to which the federative principle may operate effectively? The larger our association, the less will it be shaken by local passions; and in any view, is it not better that the opposite bank of the Mississippi should be settled by our own brethren and children, than by strangers of another family? With which shall we be most likely to live in harmony and friendly intercourse?
In matters of religion, I have considered that its free exercise is placed by the constitution independent of the powers of the general government. I have therefore undertaken, on no occasion, to prescribe the religious exercises suited to it; but have left them, as the constitution found them, under the direction and discipline of state or church authorities acknowledged by the several religious societies.
The aboriginal inhabitants of these countries I have regarded with the commiseration their history inspires. Endowed with the faculties and the rights of men, breathing an ardent love of liberty and independence, and occupying a country which left them no desire but to be undisturbed, the stream of overflowing population from other regions directed itself on these shores; without power to divert, or habits to contend against, they have been overwhelmed by the current, or driven before it; now reduced within limits too narrow for the hunter’s state, humanity enjoins us to teach them agriculture and the domestic arts; to encourage them to that industry which alone can enable them to maintain their place in existence, and to prepare them in time for that state of society, which to bodily comforts adds the improvement of mind and morals. We have therefore liberally furnished them with the implements of husbandry and household use; we have placed among them instructors in the arts of first necessity; and they are covered with the ægis of the law against aggressors from among ourselves.
But the endeavors to enlighten them on the fate which awaits their present course of life, to induce them to exercise their reason, follow its dictates, and change their pursuits with the change of circumstances, have powerful obstacles to encounter; they are combated by the habits of their bodies, prejudice of their minds, ignorance, pride, and the influence of interested and crafty individuals among them, who feel themselves something in the present order of things, and fear to become nothing in any other. These persons inculcate a sanctimonious reverence for the customs of their ancestors; that whatsoever they did, must be done through all time; that reason is a false guide, and to advance under its counsel, in their physical, moral, or political condition, is perilous innovation; that their duty is to remain as their Creator made them, ignorance being safety, and knowledge full of danger; in short, my friends, among them is seen the action and counteraction of good sense and bigotry; they, too, have their anti-philosophers, who find an interest in keeping things in their present state, who dread reformation, and exert all their faculties to maintain the ascendency of habit over the duty of improving our reason, and obeying its mandates.
In giving these outlines, I do not mean, fellow citizens, to arrogate to myself the merit of the measures; that is due, in the first place, to the reflecting character of our citizens at large, who, by the weight of public opinion, influence and strengthen the public measures; it is due to the sound discretion with which they select from among themselves those to whom they confide the legislative duties; it is due to the zeal and wisdom of the characters thus selected, who lay the foundations of public happiness in wholesome laws, the execution of which alone remains for others; and it is due to the able and faithful auxiliaries, whose patriotism has associated with me in the executive functions.
During this course of administration, and in order to disturb it, the artillery of the press has been levelled against us, charged with whatsoever its licentiousness could devise or dare. These abuses of an institution so important to freedom and science, are deeply to be regretted, inasmuch as they tend to lessen its usefulness, and to sap its safety; they might, indeed, have been corrected by the wholesome punishments reserved and provided by the laws of the several States against falsehood and defamation; but public duties more urgent press on the time of public servants, and the offenders have therefore been left to find their punishment in the public indignation.
Nor was it uninteresting to the world, that an experiment should be fairly and fully made, whether freedom of discussion, unaided by power, is not sufficient for the propagation and protection of truth—whether a government, conducting itself in the true spirit of its constitution, with zeal and purity, and doing no act which it would be unwilling the whole world should witness, can be written down by falsehood and defamation. The experiment has been tried; you have witnessed the scene; our fellow citizens have looked on, cool and collected; they saw the latent source from which these outrages proceeded; they gathered around their public functionaries, and when the constitution called them to the decision by suffrage, they pronounced their verdict, honorable to those who had served them, and consolatory to the friend of man, who believes he may be intrusted with his own affairs.
No inference is here intended, that the laws, provided by the State against false and defamatory publications, should not be enforced; he who has time, renders a service to public morals and public tranquillity, in reforming these abuses by the salutary coercions of the law; but the experiment is noted, to prove that, since truth and reason have maintained their ground against false opinions in league with false facts, the press, confined to truth, needs no other legal restraint; the public judgment will correct false reasonings and opinions, on a full hearing of all parties; and no other definite line can be drawn between the inestimable liberty of the press and its demoralizing licentiousness. If there be still improprieties which this rule would not restrain, its supplement must be sought in the censorship of public opinion.
Contemplating the union of sentiment now manifested so generally, as auguring harmony and happiness to our future course, I offer to our country sincere congratulations. With those, too, not yet rallied to the same point, the disposition to do so is gaining strength; facts are piercing through the veil drawn over them; and our doubting brethren will at length see, that the mass of their fellow citizens, with whom they cannot yet resolve to act, as to principles and measures, think as they think, and desire what they desire; that our wish, as well as theirs, is, that the public efforts may be directed honestly to the public good, that peace be cultivated, civil and religious liberty unassailed, law and order preserved; equality of rights maintained, and that state of property, equal or unequal, which results to every man from his own industry, or that of his fathers. When satisfied of these views, it is not in human nature that they should not approve and support them; in the meantime, let us cherish them with patient affection; let us do them justice, and more than justice, in all competitions of interest; and we need not doubt that truth, reason, and their own interests, will at length prevail, will gather them into the fold of their country, and will complete their entire union of opinion, which gives to a nation the blessing of harmony, and the benefit of all its strength.
I shall now enter on the duties to which my fellow citizens have again called me, and shall proceed in the spirit of those principles which they have approved. I fear not that any motives of interest may lead me astray; I am sensible of no passion which could seduce me knowingly from the path of justice; but the weakness of human nature, and the limits of my own understanding, will produce errors of judgment sometimes injurious to your interests. I shall need, therefore, all the indulgence I have heretofore experienced—the want of it will certainly not lessen with increasing years. I shall need, too, the favor of that Being in whose hands we are, who led our forefathers, as Israel of old, from their native land, and planted them in a country flowing with all the necessaries and comforts of life; who has covered our infancy with his providence, and our riper years with his wisdom and power; and to whose goodness I ask you to join with me in supplications, that he will so enlighten the minds of your servants, guide their councils, and prosper their measures, that whatsoever they do, shall result in your good, and shall secure to you the peace, friendship, and approbation of all nations.
TO WILSON CARY NICHOLAS
j. mss.
Monticello Mar. 26, 05.
Dear Sir,
—Your favor of the 10th was received only the last night. I now return you the letter to Colo. Newton, which I pray you to deliver & use your influence to induce an acceptance. It is in truth only asking him to become responsible for his son, which he would of course do were the office given to his son directly: & it will relieve me from a painful dilemma. Should he however refuse, be so good as to inform me of it, and you may at the same time address your letter of resignation to Mr. Gallatin, only confining the knolege of the fact as much as you can between Colo. Newton and yourself, that the appointment may be made before any solicitations can be forwarded.
The divisions among the republicans which you speak of are distressing, but they are not unexpected to me. From the moment I foresaw the entire prostration of federalism, I knew that at that epoch more distressing divisions would take its place. The opinions of men are as various as their faces, and they will always find some rallying principle or point at which those nearest to it will unite, reducing themselves to two stations, under a common name for each. These stations or camps will be formed of very heterogeneous materials, combining from very different motives, & with very different views. I did believe my station in March 1801 as painful as could be undertaken, having to meet in front all the terrible passions of federalism in the first moment of it’s defeat & mortification, and to grapple with it until compleatly subdued. But I consider that as less painful than to be placed between conflicting friends. There my way was clear & my mind made up. I never for a moment had to balance between two opinions. In the new divisions which are to arise the case will be very different. Even those who seem to coalesce will be like the image of clay & brass. However under difficulties of this kind I have ever found one, & only one rule, to do what is right, & generally we shall disentangle ourselves without almost perceiving how it happens. Accept my affectionate salutations.
TO THE SECRETARY OF STATE
(JAMES MADISON.)
j. mss.
Monticello Apr. 05.
Dear Sir,
—Yours of the 27th is received. I put Lattimore’s letter into my bundle of agenda to be acted on in due time. Monroe’s, Pinckney’s & Jarvis’s are now returned. I suspect that Pinckney gives us the true design of Gr. Br. to oust the French and Dutch from our quarter & leave the Spaniards [and] Portuguese. It is possible she would rather see these two last in possession of the southern continent than of any other nation. It is really of good augury that Taleyrand should have been silent about the western boundary of Louisiana, & I have no doubt Monroe will make the most of it. Should it end in our getting the navigation of the Mobile only we must make our protestation to Spain that we reserve our right which neither time nor silence is to lessen & shall assert it when circumstances call for it. In the meantime propose the keeping it in statu quo, unsettled. I shall be glad that nothing be forwarded to me here after the mail which leaves Washington on Friday the 5th. Accept my affectionate salutations & assurances of constant esteem & respect.
TO THE SECRETARY OF THE TREASURY
(ALBERT GALLATIN.)
j. mss.
Monticello April 3, 1805.
Dear Sir,
—Your favor of the 26th March is received, and I learn with real concern the danger that a temporary loan may be necessary, because we know how it will be perverted to throw dust in the eyes of the people. However, if no other expedient can be used, we must meet it. I have no expectation that Monroe will be able to get any acknowledgement of boundary which we can admit. The next best measure will be to obtain a free use of the rivers of either party, rising within the limits of the other, and that neither party shall either settle or fortify within the disputed country until the limits can be fixed. This will give us time to await and avail ourselves of events. I presume the appointment of Flowers may await my return. In the meantime the other may be heard from. I have desired the Postmaster-General to forward nothing to me here after the 5th instant, as I expect to be with you in a fortnight. Accept affectionate salutations and assurances of constant friendship and respect.
TO THE U. S. MINISTER TO SPAIN
(JAMES BOWDOIN.)
j. mss.
Washington Apr. 27, 05.
Dear Sir,
—Your favor of Mar. 25 has been duly received. I regret that the state of your health renders a visit to this place unadvisable. Besides the gratification we should have felt from personal considerations, the perusal of the correspondences, for some time back, with the governments of Europe most interesting to us, by putting you in possession of the actual state of things between us, would have enabled you to act under all emergencies with that satisfaction to yourself which is derived from a full knolege of the ground. But I presume you will find this supplied, as to the government to which you go, by the papers of the office at Madrid. Our relations with that nation are vitally interesting. That they should be of a peaceable & friendly character has been our most earnest desire. Had Spain met us with the same dispositions, our idea was that her existence in this hemisphere & ours, should have rested on the same bottom; should have swam or sunk together. We want nothing of hers, & we want no other nation to possess what is hers. But she has met our advances with jealousy, secret malice and ill-faith. Our patience under this unworthy return of disposition is now on it’s last trial. And the issue of what is now depending between us will decide whether our relations with her are to be sincerely friendly, or permanently hostile. I still wish & would cherish the former, but have ceased to expect it.
I thank you for the sentiments of esteem you are so good as to express towards me, and the mark of it you wish me to place at Monticello. It shall be deposited with the memorials of those worthies whose remembrance I feel a pride & comfort in consecrating there. With my best wishes for the restoration of your health & for a pleasant voyage, I tender you my friendly salutations & assurances of great esteem & respect.
TO DR. GEORGE LOGAN
j. mss.
Washington May 11, 05.
Dear Sir,
—I received last night a letter from Mr. Thomas Brannagan 163 S. Water St., Philadelphia, asking my subscription to the work announced in the inclosed paper. The cause in which he embarks is so holy, the sentiments he expresses in his letter so friendly that it is highly painful to me to hesitate on a compliance which appears so small. But that is not it’s true character, and it would be injurious even to his views, for me to commit myself on paper by answering his letter. I have most carefully avoided every public act or manifestation on that subject. Should an occasion ever occur in which I can interpose with decisive effect, I shall certainly know & do my duty with promptitude & zeal. But in the meantime it would only be disarming myself of influence to be taking small means. The subscription to a book on this subject is one of those little irritating measures, which, without advancing it’s end at all, would, by lessening the confidence & good will of a description of friends composing a large body, only lessen my powers of doing them good in the other great relations in which I stand to the publick. Yet I cannot be easy in not answering Mr. Brannagan’s letter, unless he can be made sensible that it is better I should not answer it; & I do not know how to effect this, unless you would have the goodness, the first time you go to Philadelphia to see him and to enter into an explanation with him.
I see with infinite pain the bloody schism which has taken place among our friends in Pennsylvania & New York, & will probably take place in other states. The main body of both sections mean well, but their good intentions will produce great public evil. The minority, whichever section shall be the minority, will end in coalition with the federalists, and some compromise of principle because these will not sell their aid for nothing. Republicanism will thus lose, and royalism gain some portion of that ground which we thought we had rescued to good government. I do not express my sense of our misfortunes from any idea that they are remediable. I know that the passions of men will take their course, that they are not to be controulled but by despotism, & that this melancholy truth is the pretext for despotism. The duty of an upright administration is to pursue it’s course steadily, to know nothing of these family dissensions, and to cherish the good principles of both parties. The war ad internecionem which we have waged against federalism has filled our latter ties with strife and unhappiness. We have met it, with pain indeed, but with firmness, because we believed it the last convulsive effort of that hydra which in earlier times we had conquered in the field. But if any degeneracy of principle should ever render it necessary to give ascendancy to one of the rising sections over the other, I thank my God it will fall to some other to perform that operation. The only cordial I wish to carry into my retirement is the undivided good will of all those with whom I have acted. Present me affectionately to Mrs. Logan, and accept my salutations & assurance of constant friendship & respect.
TO JAMES SULLIVAN
j. mss.
Washington May 21, 1805.
Dear Sir,
—An accumulation of business, which I found on my return here from a short visit to Monticello has prevented till now my acknolegment of your favor of the 14th ulti. This delay has given time to see the result of the contest in your State, & I cannot but congratulate you on the advance it manifests, & the certain prospect it offers that another year restores Massachusetts to the general body of the nation. You have indeed received the federal unction of lying & slandering. But who has not? Who will ever again come into eminent office, unanointed with this chrism? It seems to be fixed that falsehood & calumny are to be their ordinary engines of opposition; engines which will not be entirely without effect. The circle of characters equal to the first stations is not too large, & will be lessened by the voluntary retreat of those whose sensibilities are stronger than their confidence in the justice of public opinion. I certainly have known, & still know, characters eminently qualified for the most exalted trusts, who could not bear up against the brutal hackings & hewings of these heroes of Billingsgate. I may say, from intimate knolege, that we should have lost the services of the greatest character of our country, had he been assailed with the degree of abandoned licentiousness now practised. The torture he felt under rare & slight attacks, proved that under those of which the federal bands have shewn themselves capable, he would have thrown up the helm in a burst of indignation. Yet this effect of sensibility must not be yielded to. If we suffer ourselves to be frightened from our post by mere lying, surely the enemy will use that weapon; for what one so cheap to those of whose system of politics morality makes no part? The patriot, like the Christian, must learn that to bear revilings & persecutions is a part of his duty; and in proportion as the trial is severe, firmness under it becomes more requisite & praiseworthy. It requires, indeed, self-command. But that will be fortified in proportion as the calls for it’s exercise are repeated. In this I am persuaded we shall have the benefit of your good example. To the other falsehoods they have brought forward, should they add, as you expect, insinuations of any want of confidence in you from the administration generally, or myself particularly, it will, like their other falsehoods, produce in the public mind a contrary inference. No evidence however of that confidence, which I could furnish should be wanting. An appointment to office would be such. But at present there is no opening for it. No vacancy exists in your own state, and the only office here unfulfilled, has been otherwise tendered, & indeed would be incompatible with the views of your state, which destines you for the most distinguished mark of their affection & confidence, requiring your residence there. To the nation in general your election will be as gratifying as to that particular state; for never can we consider our union as solid while so important a member as Massachusetts is disaffected. That we may not fail to obtain this accession to our harmony & prosperity, nor you so honorable a testimony of the esteem & approbation of a respectable state, no one prays more sincerely than I do: and with this assurance I tender you my friendly and respectful salutations.
TO THE SECRETARY OF THE TREASURY
(ALBERT GALLATIN.)
j. mss.
May 29, 1805.
Th. J. to Mr. Gallatin.
I have no information that the Act dividing Orleans into counties is passed. By the papers which came yesterday it appeared to have been twice read and committed. Would not the waters of the Red River form one proper district, and the residuary country another? or the waters of the Red River and the country above and between that and the Mississippi for one, and the residuary country the other?
The financial part of your letter is highly pleasing. There must be something more in this increase of revenue than the natural and war increase; depreciation to a small degree in other countries, a sensible one in this, and a great one in England, must make a part of it, and is a lesson to us to prefer ad valorem to fixed duties. The latter require often retouching, or they become delusive. As to the Orleans revenue, I presume we may consider it as the consumption of 60,000 people and their increase, added to that of 6,000,000 and their increase; for though the former will increase faster than the latter, it will only be by drawing off numbers from them. But, from whatever cause, the increase of revenue is a pleasing circumstance, as it hastens the moment of liberating our revenue, and of permitting us to begin upon canals, roads, college, &c. I presume you will locate on your map the Indians from Sibley’s statement; my maps being in the hands of the binder, I cannot do it; but when you shall have done it, I shall be glad to have a consultation with you on the extent to which we may lay off townships, and of the assurance we may give to the Indians included within them. I enclose you a paper at Mr. Madison’s request. Affectionate salutations.
TO JOHN DALY BURKE
j. mss.
Washington June 1, 1805.
Sir,
—Your favor of May 26th is received, and I am perfectly disposed to communicate to you the collections I possess as far as their condition will admit. What this is will need explanation.
I have a collection, nearly compleat, of the laws from 1624 to 1662 where Purvis’s printed collection begins. But some of the volumes are in such a state of decay, that the leaf falls to pieces on being turned over. Consequently as they never can be examined but once I reserve that to the moment when the legislature shall decide to have an authentic copy taken. In the meantime I have sewed them up in oil cloth, and seared the joints to preserve them from the air. These being antecedent to Bacon’s Rebellion are not within the period of your desires.
The printed collection of laws in my possession which comprehend the period you mention, to wit, from Bacon’s Rebellion to 1752 are
- Vol. 1 Purvis’s collection 1662–1682
- 2 Revisal of 1733 1662–1732
- 3 Revisal of 1748 1662–1748
- 4 Revisal of 1768 1662–1768
- 5 Fugitive sheets published each session 1734–1772
6th, 7th and 8th volumes are of subsequent dates.
The 1st 2d 3d & 4th vols. above mentioned are in every lawyer’s hands, therefore you will easily obtain them in your neighborhood. The 5th volume is the only one of which there exists probably no other collection. This fact being generally known, the courts in the different parts of the state are in the practice of resorting to this volume for copies of particular acts called for in the cases before them. For this reason I have always refused to let it go from Monticello not only because it might be lost, but because while it was gone out in the service of one person, many might have occasion to recur to it. But as the depositing it with Governor Page at the seat of government, will keep it within the access of others, and you mention that that deposit will be perfectly convenient for you, it shall be deposited there.
My collection of newspapers is from 1741 downwards. The vols. preceding 1752 shall be sent with the other to Richmond to be used by you either there or at Petersburg according to your convenience. These also being the only collection probably in existence I purchased & cherish it with a view to public utility. It is answering one of its principal objects when I put it into your hands, & the same public principle will insure your care of it, and it’s restoration to it’s deposit when you shall have taken what you desire from it. I will immediately write to Mr. Randolph to take these books from the library at Monticello, of which he has the key, & to have them safely conveyed by water to Govr. Page at Richmond to whom also I will write on the subject. Altho’ I have not yet had time to peruse the volume you have published (for indeed my occupations permit me to read almost nothing) yet occasional recurrence to parts of it & the opinions of others who have read it, occasion me to regret that I am not in a situation to give you the benefit of all my materials. Were I residing at home I could do it, and would with pleasure: and should a second edition be called for after my return to live at Monticello, I am persuaded it will be in my power, as it is certainly in my wish, to furnish you with some useful matter, not perhaps to be found elsewhere. I pray you to accept my salutations & assurances of great respect.
TO THOMAS PAINE
j. mss.
Washington June 5, 05.
Dear Sir,
—Your letters, No. 1, 2, 3, the last of them dated Apr. 20, were received April 26th. I congratulate you on your retirement to your farm, and still more that it is of a character so worthy of your attention. I much doubt whether the open room on your 2d story will answer your expectations. There will be a few days in the year in which it will be delightful, but not many. Nothing but trees, or Venetian blinds, can protect it from the sun. The semi-cylindrical roof you propose will have advantages. You know it has been practised on the cloth market at Paris. De Lorme, the inventor, shews many forms of roofs in his book to which it is applicable. I have used it at home for a dome, being 120° of an oblong octagon, and in the capitol we unite two quadrants of a Sphere by a semi-cylinder; all framed in De Lorme’s manner. How has your planing machine answered? Has it been tried & persevered in by any workmen?
France has become so jealous of our conduct as to St. Domingo (which in truth is only the conduct of our merchants), that the offer to become a mediator would only confirm her suspicions. Bonaparte, however, expressed satisfaction at the paragraph in my message to Congress on the subject of that commerce. With respect to the German redemptioners, you know I can do nothing unless authorized by law. It would be made a question in Congress, whether any of the enumerated objects to which the Constitution authorizes the money of the Union to be applied, would cover an expenditure for importing settlers to Orleans. The letter of the revolutionary sergeant, which you enclosed to me, was attended to by Gen. Dearborne, who wrote to him informing him how to proceed to obtain his land.
Doctr Eustis’s observation to you, that “certain paragraphs in the National Intelligencer” respecting my letter to you, “supposed to be under Mr. Jefferson’s direction, had embarrassed Mr. Jefferson’s friends in Massachusetts; that they appeared like a half denial of the letter, or as if there was something in it not proper to be owned, or that needed an apology,” is one of those mysterious half-confidences difficult to be understood. That tory printers should think it advantageous to identify me with that paper, the Aurora, &c., in order to obtain ground for abusing me, is perhaps fair warfare. But that any one who knows me personally should listen one moment to such an insinuation, is what I did not expect. I neither have, nor ever had, any more connection with those papers than our antipodes have; nor know what is to be in them until I see it in them, except proclamations & other documents sent for publication. The friends in Massachusetts who could be embarrassed by so weak a weapon as this, must be feeble friends indeed. With respect to the letter, I never hesitated to avow and to justify it in conversation. In no other way do I trouble myself to contradict anything which is said. At that time, however, there were certain anomalies in the motions of some of our friends, which events have at length reduced to regularity.
It seems very difficult to find out what turns things are to take in Europe. I suppose it depends on Austria, which, knowing it is to stand in the way of receiving the first hard blows, is cautious of entering into a coalition. As to France & England we can have but one wish, that they may disable one another from injuring others.
Accept my friendly salutations, & assurances of esteem & respect.
NOTES ON ARMED VESSELS
j. mss.
Washington July 4, 05.
Notes for consideration & for instructions to any armed vessels which may be sent out to protect our commerce on our coasts.
Preliminary questions. Do the laws authorize the putting vessels in commission for the protection of our commerce other than against Tripoli?
If they do not, should we not do it at our risk & ask an act of indemnity from Congress?
What vessels? The Adams & Baltimore brig for the coast. 2. The for the Mississippi. 3. the for Cuba & the Islands.
Instructions.
Cruising grounds.
The frigate & brig from St. Mary’s to St. George’s bank, crossing each other always.
The 3d (if to be had) from Florida point to Rio grande.
The 4th (if to be had) round Cuba & among the islands.
To respect public ships of war, except when violating the 3. miles jurisdiction.
To confine themselves to privateers.
If they find privateers without commissions, or with irregular or doubtful commissions, bring them in for examination.
If their commissions be regular, and they are found cruising within sight of land warn them to keep without that limit, & if found within it after warning bring them as offenders against the law for preserving peace in our harbours & waters.
If they have regularly seized an American bottom, inquire if their conduct has been regular, viz.,
Have they plundered the vessel?
maltreated the crew?
separated the master &c. from his vessel?
forced the American to send his boat abroad?
Do they refuse to exhibit their commissions, to declare their name, vessel flag or port? In all these cases bring them in for examination.
If they have acted correctly, carry or send the prize & the privateer, if a Spaniard to Havana; if French to Sto. Domingo; if English to and deliver them up to the proper tribunal.
If any American citizens are found engaged in the privateers, take them out, & keep them in safe custody to be brought home & delivered up to justice.
You are not to extend your protection 1. to foreign vessels. 2. to American vessels engaged in the slave trade. 3. to American vessels engaged in any contraband commerce.
The gunboats & revenue cutters to be subsidiary.
NOTES ON JEFFERSON’S CONDUCT DURING THE INVASION OF VIRGINIA, 1780–1
j. mss.
[Aug. 1805.]
Richmond, 1780, Dec. 31. At eight a.m. the Governor receives the first intelligence that 27 sail of ships had entered Chesapeake bay & were in the morning of the 29th just below Willoughby’s point (the southern cape of James river) their destination unknown.
1781 Jan. 2. At ten a.m. information received that they had entered James river, their advance being at Warrasqueak bay. Orders were immediately given for calling in the militia, ¼ from some, & ½ from other counties. The members of the legislature, which rises this day, are the bearers of the orders to their respective counties. The Governor directs the removal of the records, into the country and the transportation of the military stores from Richmond to Westham (on the river 7 miles above) there to be carried across the river.
Jan. 3. At eight p.m. the enemy are said to be a little below Jamestown; convenient for landing if Williamsburg is their object.
4. At five a.m. information is received that they have passed Kennon’s & Hood’s the evening before with a strong Easterly wind which determines their object to be either Petersburg or Richmond. The Governor now calls in the whole militia from the adjacent counties.
At five p.m. information that at 2. p.m. they were landed & drawn up at Westover (on the North side of the river & 25 miles below Richmond) and consequently Richmond their destination. Orders are now given to discontinue waggoning the military stores from Richmond to Westham, & to throw them across the river directly at Richmond.
The Governor having attended to this till an hour and a half in the night then rode up to the foundry (1 mile below Westham) ordered Capts. Brush & Irish, & Mr. Hylton to continue all night waggoning to Westham the arms & stores still at the Foundry, to be drawn across the river at Westham, then proceeded to Westham to urge the pressing the transportation there across the river, and thence went to Tuckahoe (8 miles above & on the same side of the river) to see after his family which he had sent that far in the course of the day. He arrived there at 1 o’clock in the night.
Jan. 5. Early in the morning he carried his family across the river there, and sending them to Fine creek (8 miles higher up) went himself to Britton’s on the S. side of the river (opposite to Westham) finding the arms &c. in a heap near the shore, & exposed to be destroyed by cannon from the North bank. He had them removed under cover of a point of land near by. He proceeded to Manchester (opposite to Richmond). The enemy had arrived at Richmond at 1 p.m. Having found that nearly the whole arms had been got there from Richmond, he set out for Chetwood’s to meet with Baron Steuben, who had appointed that place as a rendezvous & headquarters; but not finding him there, & understanding he would be at Colo. Fleming’s (six miles above Britton’s) he proceeded thither. The enemy had now a detachment at Westham, and sent a deputation from the city of Richmond to the Governor, at Colo. Fleming’s to propose terms for ransoming the safety of the city, which terms he rejected.
Jan. 6. The Governor returned to Britton’s, had measures taken more effectually to secure the books & papers there. The enemy having burnt some houses & stores, left Richmond, after 24 hours stay there, & encamped at Four mile creek (8 or 10 miles below) & the Governor went to look to his family at fine creek.
Jan. 7. He returned to Britton’s to see further to the arms there, exposed on the ground to heavy rains which had fallen the night before & then proceeded to Manchester, & lodged there. The enemy encamped at Westover.
Jan. 8. At half after 7 a.m. he crossed over to Richmond, & resumed his residence there. The enemy are still retained in their encampment at Westover by an Easterly wind. Colo. John Nicholas has now 300 militia at the Forest (6 miles off from Westover,) Genl. Nelson 200 at Charles city courthouse (8 miles below Westover), Gibson 1000 and Baron Steuben 800 on the South side the river.
Jan. 9. The enemy are still in camp at Westover.
Jan. 10. At one p.m. they embarked: and the wind having shifted a little to the North of the West, & pretty fresh, they fall down the river. Baron Steuben marches for Hood’s where their passage may be checked. He reaches Land’s mills in the evening, within 9 miles of Hood’s.
Jan. 11. At 8 a.m. the wind due West & strong they make good their retreat.
During this period time and place have been minutely cited, in order that those who think there was any remissness in the movements of the Governor, may lay their finger on the point and say when & where it was. Hereafter less detail will suffice.
Soon after this, General Phillips having joined Arnold with a reinforcement of 2000 men, they advanced again up to Petersburg, & about the last of April to Manchester. The Governor had remained constantly in and about Richmond, exerting all his powers for collecting militia, and providing such means for the defence of the state as it’s exhausted resources admitted. Never assuming a guard, & with only the river between him & the enemy, his lodgings were frequently within 4, 5 or 6 miles of them.
M. De Lafayette, about this time, arrived at Richmond with some Continental troops, with which, & the militia collected, he continued to occupy that place, and the North bank of the river, while Phillips & Arnold held Manchester & the South bank. But Lord Cornwallis, about the middle of May joining them with the main Southern army, M. de Lafayette was obliged to retire. The enemy crossed the river & advanced up into the country about 50 miles, & within 30 miles of Charlottesville, at which place the legislature being to meet in June, the Governor proceeded to his seat at Monticello, 2 or 3 miles from it. His office was now near expiring, the country under invasion by a powerful army, no services but military of any avail, unprepared by his line of life & education for the command of armies, he believed it right not to stand in the way of talents better fitted than his own to the circumstances under which the country was placed. He therefore himself proposed to his friends in the legislature, that Gen. Nelson, who commanded the militia of the state, should be appointed Governor, as he was sensible that the union of the civil & military power in the same hands at this time, would greatly facilitate military measures. This appointment accordingly took place on the 12th of June 1781.
This was the state of things, when, his office having actually expired, & no successor not yet in place, Colo. Tarleton, with his regiment of horse, was detached by Ld. Cornwallis to surprise Mr. Jefferson, (whom they thought still in office) and the Legislature now sitting in Charlottesville. The Speakers of the two houses, & some other members of the legislature were lodging with Mr. Jefferson at Monticello. Tarleton, early in the morning, (June 23, 1781) when within 10 miles of that place, detached a company of horse to secure him & his guests, and proceeded himself rapidly with his main body to Charlottesville, where he hoped to find the legislature unapprised of his movement. Notice of it, however, had been brought, both to Monticello & Charlottesville, about sunrise. The Speakers, with their Colleagues, returned to Charlottesville, and with the other members of the legislature, had barely time, to get out of his way. Mr. Jefferson sent off his family to secure them from danger, and was himself still at Monticello making arrangements for his own departure when Lieutt. Hudson arrived there at half speed, & informed him the enemy were then ascending the hill of Monticello. He departed immediately, & knowing that he would be pursued if he took the high road, he plunged into the woods of the adjoining mountain, where being at once safe, he proceeded to overtake his family. This is the famous adventure of Carter’s mountain, which has been so often resounded through the slanderous chronicles of federalism. But they have taken care never to detail the facts, lest these should shew that this favorite charge amounted to nothing more than that he did not remain in his house, and there singly fight a whole troop of horse, or suffer himself to be taken prisoner. Having accompanied his family one day’s journey, he returned to Monticello. Tarleton had retired after 18 hours stay in Charlottesville. Mr. Jefferson then rejoined his family, and proceeded with them to an estate he had in Bedford, about 80 miles SW where, riding in his farm some time after, he was thrown from his horse, & disabled from riding on horseback for a considerable time. But Mr. Turner finds it more convenient to give him this fall in his retreat before Tarleton, which had happened some weeks before, as a proof that he withdrew from a troop of horse with a precipitancy which Don Quixot would not have practised.
The facts here stated most particularly, with date of time and place, are taken from the notes made by the writer hereof, for his own satisfaction, at the time: the others are from memory, but so well recollected that he is satisfied there is no material fact misstated. Should any person undertake to contradict any particular on evidence which may at all merit the public respect, the writer will take the trouble (tho’ not at all in the best situation for it) to produce the proofs in support of it. He finds indeed that of the persons whom he recollects to have been present on these occasions, few have survived the intermediate lapse of four and twenty years. Yet he trusts that some, as well as himself, are yet among the living; and he is positively certain that no man can falsify any material fact here stated. He well remembers indeed that there were then, as there are at all times, some who blamed everything done contrary to their own opinion, althou’ their opinions were formed on a very partial knowledge of facts. The censures which have been hazarded by such men as Mr. Turner, are nothing but revivals of these half informed opinions. Mr. George Nicholas, then a very young man, but always a very honest one, was prompted by these persons to bring specific charges against Mr. Jefferson. The heads of these in writing were communicated thro’ a mutual friend to Mr. Jefferson, who committed to writing also the heads of justification on each of them. I well remember this paper, & believe the original of it still exists, and tho’ framed when every real fact was fresh in the knolege of everyone, this fabricated flight from Richmond was not among the charges stated in this paper, nor any charge against Mr. Jefferson for not fighting singly the troop of horse. Mr. Nicholas candidly relinquished further proceeding. The House of Representatives of Virginia pronounced an honorable sentence of entire approbation of Mr. Jefferson’s conduct, and so much the more honorable as themselves had been witnesses to it. And Mr. George Nicholas took a conspicuous occasion afterwards, of his own free will, & when the matter was entirely at rest, to retract publicly the erroneous opinions he had been led into on that occasion, & to make just reparation by a candid acknolegement of them.
TO THE SECRETARY OF STATE
(JAMES MADISON.)
j. mss.
Monticello Aug. 4, 05.
Dear Sir:
—On my return from Bedford two days ago I received your favor of July 24 and learnt with sincere regret that Mrs. Madison’s situation required her going to Philadelphia. I suppose the choice between Physic and Baynham was well weighed. I hope the result will be speedy & salutary, and that we shall see you in this quarter before the season passes over.
A letter from Charles Pinckney of May 22 informs me that Spain refuses to settle a limit, & perseveres in withholding the rectification of the convention. He says not a word of the status quo, from which I conclude it has not been proposed. I observe by the papers that Dalton is arrived with the public dispatches, from which we shall know the particulars. I think the status quo, if not already proposed, should be immediately offered through Bowdoin. Should it even be refused, the refusal to settle a limit is not of itself a sufficient cause of war, nor is the withholding a ratification worthy of such a redress. Yet these acts shew a purpose both in Spain & France against which we ought to provide before the conclusion of a peace. I think therefore we should take into consideration whether we ought not immediately to propose to England an eventual treaty of alliance, to come into force whenever (within years) a war shall take place with Spain or France. It may be proper for the ensuing Congress to make some preparations for such an event, and it should be in our power to shew we have done the same. This for your consideration.
Mr. Wagner writes me that two black convicts from Surinam are landed at Philadelphia. Being on the spot you will have a better opportunity of judging what should be done with them. To me it seems best that we should send them to England with a proper representation against such a measure. If the transportation is not within any of the regular appropriations it will come properly on the contingent fund. If the law does not stand in the way of such an act, & you think as I do, it may be immediately carried into execution. Accept for Mrs. Madison & yourself my affectionate salutations & assurances of constant esteem & respect.
TO THE SECRETARY OF THE TREASURY
(ALBERT GALLATIN.)
j. mss.
Monticello Aug. 7, 1805.
Dear Sir,
TO THE SECRETARY OF STATE
(JAMES MADISON.)
j. mss.
Monticello Aug. 25, 1805.
Dear Sir,
—I confess that the enclosed letter from General Turreau excites in me both jealousy & offence in undertaking, & without apology, to say in what manner we are to receive and treat Moreau within our own country. Had Turreau been here longer he would have known that the national authority pays honors to no foreigners. That the State authorities, municipalities and individuals, are free to render whatever they please, voluntarily, & free from restraint by us; & he ought to know that no part of the criminal sentence of another country can have any effect here. The style of that government in the Spanish business, was calculated to excite indignation; but it was a case in which that might have done injury. But the present is a case which would justify some notice in order to let them understand we are not of those powers who will receive & execute mandates. I think the answer should shew independence as well as friendship. I am anxious to receive the opinions of our brethren after their review & consideration of the Spanish papers. I am strongly impressed with a belief of hostile & treacherous intentions against us on the part of France, and that we should lose no time in securing something more than a mutual friendship with England.
TO THE SECRETARY OF STATE
(JAMES MADISON.)
j. mss.
Monticello Aug. 27, 05.
Dear Sir,
—Yours of the 20th has been received, and in that a letter from Casinove, and another from Mrs. Ciracchi; but those from Turreau and to Yrujo were not enclosed. Probably the former was what came to me by the preceding post, respecting Moreau; if so, you have my opinion on it in my last. Considering the character of Bonaparte, I think it material at once to let him see that we are not one of the powers who will receive his orders.
I think you have misconceived the nature of the treaty I thought we should propose to England. I have no idea of committing ourselves immediately or independently of our further will to the war. The treaty should be provisional only, to come into force on the event of our being engaged in war with either France or Spain during the present war in Europe. In that event we should make common cause, & England should stipulate not to make peace without our obtaining the objects for which we go to war to wit, the acknolegment by Spain of the rightful boundaries of Louisiana (which we should reduce to our minimum by a secret article) and 2, indemnification for spoliations, for which purpose we should be allowed to make reprisal on the Floridas & retain them as an indemnification. Our co-operation in the war (if we should actually enter into it) would be a sufficient consideration for Great Britain to engage for it’s object; and it being generally known to France & Spain that we had entered into treaty with England, would probably ensure us a peaceable & immediate settlement of both points. But another motive much more powerful would indubitably induce England to go much further. Whatever illhumor may at times have been expressed against us by individuals of that country, the first wish of every Englishman’s heart is to see us once more fighting by their sides against France; nor could the king or his ministers do an act so popular as to enter into an alliance with us. The nation would not weigh the consideration by grains & scruples. They would consider it as the price & pledge of an indissoluble course of friendship. I think it possible that for such a provisional treaty they would give us their general guarantee of Louisiana & the Floridas. At any rate we might try them. A failure would not make our situation worse. If such a one could be obtained we might await our own convenience for calling up the casus fœderis. I think it important that England should receive an overture as early as possible, as it might prevent her listening to terms of peace. If I recollect rightly, we had instructed Monroe, when he went to Paris, to settle the deposit; if he failed in that object to propose a treaty to England immediately. We could not be more engaged to secure the deposit then than we are the country now, after paying 15. millions for it. I do expect, therefore, that, considering the present state of things as analogous to that, & virtually within his instructions, he will very likely make the proposition to England. I write my thoughts freely, wishing the same from the other gentlemen, that seeing & considering the ground of each other’s opinions we may come as soon as possible to a result. I propose to be in Washington on the 2d of October. By that time I hope we shall be ripe for some conclusion.
I have desired Mr. Barnes to pay my quota of expenses relating to the Marseilles cargo, whatever you will be so good as to notify him that it is. I wish I could have heard that Mrs. Madison’s course of recovery were more speedy. I now fear we shall not see you but in Washington. Accept for her & yourself my affectionate salutations, & assurances of constant esteem & respect.
TO THE SECRETARY OF STATE
(JAMES MADISON.)
j. mss.
Monticello Sep. 16, 1805.
Dear Sir,
TO THE SECRETARY OF STATE
(JAMES MADISON.)
j. mss.
Washington Oct. 11, 05.
Dear Sir.
—The only questions which press on the Executive for decision are whether we shall enter into a provisional alliance with England to come into force only in the event that during the present war we become engaged in war with France? leaving the declaration of the casus federis ultimately to us. Whether we shall send away Yrujo, Casacalvo, Morales? Whether we shall instruct Bowdoin not to go to Madrid until further orders? But we are all of opinion that the first of these questions is too important & too difficult to be decided but on the fullest consideration, in which your aid and council should be waited for. I sincerely regret the cause of your absence from this place, and hope it will soon be removed; but it is one of those contingencies from the effects of which even the march of public affairs cannot be exempt. Perhaps it would not be amiss to instruct Bowdoin to await at London further orders; because if we conclude afterwards that he should proceed, this may follow the other instruction without delay.
I am glad we did not intermeddle with Armstrong’s decision against the insurance companies. I am told these companies have a great mixture of English subscribers. If so, the question becomes affected by the partnership. What is become of our hermitage? As you are in the neighborhood of Butler I presume the claim upon us could be easily settled & apportioned. Present my respects to Mrs. Madison & my prayers for her speedy & perfect re-establishment and accept yourself affectionate salutations.
TO THE SECRETARY OF THE TREASURY
(ALBERT GALLATIN.)
j. mss.
October 23, 1805.
Th. J. to Mr. Gallatin.
I send for your perusal another letter of Mr. Madison, which I will ask the favor of you to return immediately with the one sent on Saturday, and on which it is necessary to act.
The war on the Continent of Europe appears now so certain, and that peace is at least one year off, that we are now placed at our ease in point of time. We may make another effort for a peaceable accommodation with Spain without the danger of being left alone to cope with both France and Spain; and even if we are driven to war, it is now much more questionable than it was whether we had not better enter into it without fettering ourselves with an alliance, that we may be free to retire whenever our terms can be obtained. Peace cannot now be made in Europe but by a general convention, and that will take best part of a twelvemonth to arrange. Our question now is in what way to give Spain another opportunity of arrangement? Is not Paris the place? France the agent? The purchase of the Floridas the means? Affectionate salutations.
TO WILSON CARY NICHOLAS
j. mss.
Washington Oct. 25, 1805.
Dear Sir,
—Immediately on my arrival here I examined my papers & found that I had delivered up to the Treasury the copy of the judgment against Robinson’s administrators. I took the first opportunity therefore of speaking to Mr. Gallatin & desiring him to transmit it to you. He did not recollect the receipt of it, but promised to have it searched for, from him therefore you will receive it.
It seems now certain there will be an extensive war on the continent of Europe. We shall avail ourselves of the time which this event gives us to bring Spain peaceably to reason, & I believe there is a way of doing it with dignity & effect. Should it even fail, we shall still be in time to do ourselves justice if the case shall call for it. This new state of things is the more fortunate in proportion as it would have been disagreeable to have proposed closer connections with England at a moment when so much just clamour exists against her for her new encroachments on neutral rights. Accept affectionate salutations & assurances of great esteem & respect.
CABINET DECISION ON SPAIN
j. mss.
[Nov. 14, 1805.]
1. Spain shall cede & confirm to the US. East & West Florida with the islands & waters thereon depending & shall deliver possn. immedly.
2. The US. shall pay to Spain in the city of Madrid on delivery of possn. 5. M. D. within Months after the treaty shall have been ratified by Spain.
3. Spain & France to have the same privileges respecting trade in the Floridas as [illegible] in Louisa.
4. The boundary between the territories of Orleans & Louisiana on the one side & the domns. of Spain on the other shall be the river Colorado from its mouth to it’s source thence due N. to the highlands inclosing the waters which run directly or indirectly into the Missouri or Misipi rivers, & along those highlands as far as they border on the Span. domns.
5. The country between the Western boundary of the territories of Orleans on the one side—& Louisa. on the other (the Rio Bravo & Eastern or Salt river branch thereof Rio Colorado) from its main source & by the shortest coast to the highlands before mentd. as the sd. Western boundy. shall remain unsettled for 30 years from the date of this treaty.
6. Spain shall pay to the US. in the city of Washn. on or before the last day of Dec. 1807. 4. Ms. D. as an indemnificn. & acquittance for all Spolians commd. under her flag on the citizens of the US. prior to the 1st day of Nov. 1805. with interest thereon from the date of this treaty, & for the faithful performce. thereof she hypothecates to the US. the country described in the 5th article.
7. The US. in the mean time undertake to advance to their citizens the interest on their respective claims for such spolitns. to be settled by authority of the US. and in the event of a failure by Spain to pay the sd. 4. M. & inst. as before stipulated, the country described in the 5th Art. shall stand ipso facto vested in the US. who shall be ansable. to their citizens for their just demands as settled by the 7th Art., & all interest past & to come, so that Spain by the forfeiture of the sd. country shall stand liberated from all demands of principal or interest past or to come for the sd. spolians. but the US. shall permit no settlemt. within the sd. country for the term of 30. years before mentioned.
DRAFT OF FIFTH ANNUAL MESSAGE
Dec. 3, 1805.
To the Senate & House of Representatives of the U. S. of America.
At a moment when the nations of Europe are in commotion & arming against each other, when those with whom we have principal intercourse are engaged in the general contest, and when the countenance of some of them towards our peaceable country, threatens that even that may not be unaffected by what is passing on the general theatre, a meeting of the representatives of the nation in both Houses of Congress has become more than usually desirable. Coming from every section of our country, they bring with them the sentiments & the information of the whole, & will be enabled to give a direction to the public affairs which the will & the wisdom of the whole will approve & support.
In taking a view of the state of our country, we, in the first place, notice the late affliction of two of our cities under the fatal fever which in latter times has occasionally visited our shores. Providence in his goodness gave it an early termination on this occasion, & lessened the number of victims which have usually fallen before it. In the course of the several visitations by this disease, it has appeared that it is strictly local, incident to cities & on the tide waters only, incommunicable in the country either by persons under the disease, or by goods carried from diseased places: that it’s access is with the autumn, and it disappears with the early frosts. These restrictions, within narrow limits of time & space, give security, even to our maritime cities, during three fourths of the year, & to the country always. Altho’ from these facts it appears unnecessary, yet, to satisfy the fears of foreign nations, & cautions on their part not to be complained of in a danger whose limits are yet unknown to them, I have strictly enjoined on the officers at the head of the customs to certify with exact truth, for every vessel sailing for a foreign port, the state of health respecting this fever which prevailed at the place from which she sailed. Under every motive from character & duty to certify the truth, I have no doubt they have faithfully executed this injunction. Much real injury has however been sustained from a propensity to identify with this endemic, & to call by the same name, fevers of very different kinds which have always been known at all times and in almost all countries, & never have been placed among those deemed infectious contagious. As we advance in our knolege of this disease, as facts develop the source from which individuals receive it, the state authorities charged with the care of the public health & Congress with that of the general commerce, will become able to regulate with effect their respective functions in these departments. The burthen of quarantines is at home as well as abroad. The efficacy merits examination. Altho’ the health laws of the states should be found to need no present revisal by Congress yet, commerce claims that their attention be ever awake to them.
Since our last meeting the aspect of our foreign relations has considerably changed. Our coasts have been infested, and our harbors blockaded watched by private armed vessels, some of them without commissions, some with legal commissions, others with those of legal form, but committing piratical acts beyond the authority of their commissions. They have captured in the very entrance of our harbors, as well as on the high seas, not only the vessels of our friends coming to trade with us, but our own also. They have carried them off under pretence of legal adjudication, but not daring to approach a court of justice, they have plundered & sunk them by the way, or in obscure places, where no evidence could arise against them, maltreating the crews, & abandoning them in boats in the open sea, or on desert shores, without food or covering. These enormities not appearing to be under the unreached by any control of their sovereigns, I found it necessary to equip a force, to cruise within our own seas, to arrest all vessels of these descriptions found hovering on our coasts, within the limits of the Gulf stream, and to bring the offenders in for trial as pirates. The rumor of such an armament most of them they disappeared from our coasts, but they still carry on the same predatory practices in the neighboring seas. The subsequent disappearance has relieved the navigation on our coasts.
The same system of hovering on our coasts, & beleaguering our harbors, under color of seeking enemies, has been also carried on by public armed ships, to the great annoyance and oppression of our commerce. New principles too have been interpolated into the law of nations founded neither in justice, nor the usage or acknolegement of nations, which if pursued in practice, prostrate the navigation of the neutral and make him merely subservient to the purposes of a belligerent. According to these, a belligerent takes to itself a commerce with it’s own enemy, which it denies to a neutral on the ground of its aiding that enemy to carry on in the war. But reason revolts at such an inconsistency. And the neutral having equal right with the belligerent to decide the question, the interest of our constituents and the duty of maintaining the authority of Reason, the only umpire between just nations, impose on us the obligation of providing an effectual & determined opposition to a doctrine so injurious to peaceable nations, injurious to the rights of peaceable nations. Indeed the confidence we ought to have in the justice of others still countenances the hope we ought still to hope that the respect for justice which all people profess to entertain, that a sounder view of those rights will of itself induce from every belligerent a more correct observance of them.
With Spain our negotiations for the settlement of differences have not had a satisfactory issue. Spoliations during the former war for which she had formally acknoleged herself responsible, have been refused to be compensated, but on conditions affecting other claims in no wise connected with them. Similar aggressions are now renewed & multiplied both in Europe & America. Yet the same practices are renewed in the present war, and are already of great amount. On the Mobile our commerce passing through that river continues to be obstructed by arbitrary duties & vexatious searches. Propositions for adjusting amicably the boundaries of Louisiana have not been acceded to. While however the right is unsettled, we have avoided changing the state of things, by taking new coasts, or strengthening ourselves in the disputed territories in the hope that the other power would not, by a contrary conduct, oblige us to meet their example, and endanger conflicts of authority, the issue of which may not be easily entirely controulled. But in this hope too we have been disappointed: now reason to lessen our confidence. Inroads have been recently made into the territories of Orleans & the Mississippi. Our citizens have been seized and their property plundered in the very parts of the former which had been actually delivered up by Spain, the imprisonment of our citizens & plundering their property, and all this by the regular officers & souldiers of that government. I have obliged me therefore found it necessary at length to give orders to our troops on that frontier to be in readiness to give aid for the protection protect our citizens, and to repel by arms any similar aggressions in future. Other particulars details necessary for your information of the state of things between this country & that, shall be the subject of another communication.
In reviewing these injuries from some of the belligerent powers, the moderation, the firmness & the wisdom of the legislature will all be called into action. We ought still to hope that time & a more correct estimate, of interests as well as of character, will produce the justice we are bound to expect. But should any nation deceive itself by false calculations and disappoint that expectation, we must join in the unprofitable contest, as unprofitable as it is immoral, of trying which party can do the other the most harm. Some of these injuries may perhaps admit a peaceable remedy. Where that is competent it is always the most desirable. We may suspend intercourse with nations which harass it by stem. We may tax the commerce of the wrong doers to relieve the individuals wronged. We may pass a navigation act, adapted to our position & circumstances, only avoiding to confound the just with the unjust. But some of them are of a nature to be met by force only, & all of them may lead to it. I cannot therefore but recommend such preparations as circumstances call for. The first object is to place our seaport towns out of the danger of insult. I have already given orders Measures have been already taken for furnishing them with a sufficient number of heavy cannon on travelling carriages, for the service of such land batteries as may prevent armed vessels from approaching or injuring them make a part of their defence against armed vessels approaching them. In aid of these will be requisite it is desirable we should have a competent number of gunboats: & the number, to be competent, must be considerable. Experience has proved their utility no longer doubtful: and If immediately begun, they may be in readiness for service at the opening of the next season. Whether it will be necessary to augment our land forces, will probably be decided by occurrences probably in the course of your session. In the meantime you will consider whether it would not be expedient, for a state of peace as well as of war, so to organize or class or marshall the militia, as would enable us on any sudden emergency, to call for the services of the younger portions, unencumbered with the old and those burthened with having families. Upwards of three hundred thousand able bodied men, between the ages of eighteen & twenty-six years, which the last Census shews we may now count within our limits, will furnish a competent number for offence or defence, in any point where they may be wanted, and will give time for raising regular forces, after the necessity of them shall become certain, and the reducing to the early period of life all its active service, cannot but be desirable to our younger citizens of all times of the present an to come as well as future times, inasmuch as it engages to them in more advanced life age a quiet and undisturbed repose in the bosom of their families. I cannot then but earnestly exhort you recommend to take under your earliest early consideration the expediency of so modifying our militia system as, by a separation of the more active from the inactive part from that which is less so, we may draw from it, when necessary, an efficient corps, fit for real and active service, & to be called to it in regular rotation.
Considerable provision has been made under former authorities from Congress, of materials for the construction of ships of war of 74 guns. These materials are on hand, subject to the further will of the legislature.
An immediate prohibition of the exportation of arms & ammunition is also submitted to your determination.
Turning from these unpleasant views of violence and wrong I congratulate you on the liberation of our fellow citizens who were stranded on the coast of Tripoli & made prisoners of war. In a government bottomed on the will of all, the life & liberty of every individual citizen becomes interesting to all. In the treaty therefore which has concluded our warfare with that state an article for the ransom of our citizens has been agreed to. An operation by land, in conjunction with the ex-basha of An operation by land, by a small band of our countrymen & others engaged for the occasion in conjunction with the troops of the ex-basha of that country, gallantly conducted by our late consul Eaton and their successful enterprise on the important city of Derne, contributed doubtless to the impression which produced peace: and the conclusion of this prevented opportunities of which the officers and men of our squadron destined for Tripoli would have availed themselves, to emulate the acts of valour exhibited by their brethren in the attack of the last year. Reflecting with high satisfaction on the distinguished bravery displayed whenever occasions permitted in the late Mediterranean service, I think it would be an useful encouragement to make an opening for some present promotion, by enlarging our peace establishment of captains and lieutenants to the number of frigates which were retained for service by the act of 1801.
With Tunis some misunderstandings have arisen not yet sufficiently explained understood here. But friendly explanations discussions with their ambassador, recently arrived, and a mutual disposition to do whatever is just & reasonable, cannot fail of dissipating these. So that we may consider our peace on that coast, generally, to be on as sound a footing as it has been at any preceding time. Still it will not be expedient to withdraw immediately the whole of our force from that sea.
The law providing for a naval peace establishment fixes the number of frigates which shall be kept in constant service in time of peace: and prescribes that they shall be manned by not more than two-thirds of their complement of seamen & ordinary seamen. Whether a frigate may be trusted to two-thirds only of its proper complement of men must depend on the nature of the service on which she is ordered. She may sometimes for her safety so as to insure her object, require her fullest complement. In adverting to this subject Congress will perhaps consider whether the best limits on the executive discretion in this case would not be by the number of seamen which may be employed in the whole service, rather than the number of vessels. Occasions oftener arise for the emploiment of small rather than of large vessels: and it would lessen risk as well as expense to be authorized to employ them of preference. The limits suggested by the number of seamen would admit a selection of vessels best adapted to the service.
Our Indian neighbors are advancing, many of them, with spirit, & others beginning to engage, in the pursuits of agriculture & household manufacture. They are becoming sensible that the earth yields subsistence with less labor & more of certainty than the forest: and find it their interest from time to time to dispose of parts of their surplus & waste lands for the means of improving those they occupy, and of subsisting their families while they are preparing their farms. Since your last session the northern tribes have sold to us the lands between the Connecticut reserve & the former Indian boundary, and those on the Ohio, from the same boundary to the Rapids, & for a considerable depth inland. The Chickasaws & Cherokees have sold us their rights north of the Tennessee, from the Ohio, to the Natchez road country between the two districts of and adjacent to the two districts of Tennessee, and the Creeks the residue of their lands in the fork of Ocmulgee up to the Ulcofauhatche. The three former purchases are important, inasmuch as they consolidate disjoined parts of our settled country. and render their intercourse secure: and the second particularly so, as with the small point on the river which we expect is by this time ceded by the Piankeshaws, it completes our possession of the whole of both banks of the Ohio, from its source to near it’s mouth, and the navigation of that river is thereby rendered forever safe in all its parts to our citizens settled & settling on it’s extensive waters. The purchase from the Creeks too has been for some time peculiarly interesting to the state of Georgia.
The several treaties which have been mentioned will be submitted to both houses of Congress for the exercise of their respective functions.
Deputations, now on their way to the seat of government, from various nations of Indians inhabiting the Missouri & other parts beyond the Mississippi bring us come charged with assurances of their satisfaction with the new relations in which they are placed with us, of their dispositions to cultivate our peace & friendship, & their desire to enter into commercial intercourse with us.
A state of our progress in exploring the principal rivers of that country, & of the information respecting them hitherto received, obtained will be communicated so soon as we shall receive some further particulars relations which we have reason shortly to expect.
The receipts at the Treasury during the year ending on the 30th day of Sep. last have exceeded the sum of thirteen millions of Dollars, which, with not quite five millions in the Treasury at the beginning of the year, have enabled us after meeting other demands, to pay nearly two millions of the debt contracted under the British treaty and convention, upwards of four millions of principal of the public debt, & four millions of Interest. These paiments, with those which had been made in three years and an half preceding, have extinguished of the funded debt nearly eighteen millions of principal.
Congress, by their act of Nov. 10, 1803, authorized us to borrow 1,750,000 Dollars towards meeting the claims of our citizens assumed by the convention, with France. We have not however made use of this authority: because the sum of four millions and an half, which remained in the Treasury on the same 30th day of Sep. last, with the receipts which we may calculate on for the ensuing year, besides paying the annual sum of eight millions of Dollars, appropriated to redeem the funded debt as fast as the original contracts permit, & meeting all the current demands which may be expected, will enable us to pay the whole sum of three millions seven hundred & fifty thousand Dollars assumed by the French convention & still leave us a surplus of nearly a million of dollars at our free disposal. Should you concur in the provisions of arms & armed vessels recommended by the circumstances of the times, this surplus will furnish the means of doing so.
The duties composing the Mediterranean fund will cease, by the law which established them, three months after the ratification of a treaty of peace with the regency of Tripoli. The surplus already yielded by our permanent revenue renders unnecessary this addition to it. It might perhaps be thought improvident to discontinue taxes at a moment when we may want these & more for the purposes of war. But if we never discontinue taxes while there is a cloud of war visible in our horizon, all taxes will become perpetual. If war is to come upon us, we must meet it with system, into which this fragment of duty could enter for little or nothing. Whenever war supervenes, it will be the war of our constituents, which, forced on them by the injustice of other nations, we need not fear they will be wanting to their own interests & safety.
Considering however that the Mediterranean fund is levied on luxuries used chiefly by the rich, and that we have an impost on salt which falls more heavily on the poor, & especially on the farmer, I recommend to your consideration whether it would not be better to commute these duties, not materially different in amount by consolidating the Mediterranean with the general fund & suppressing instead of that the duty on salt.
On this first occasion of addressing Congress, since by the choice of my constituents, I have entered on a second term of administration, I embrace the opportunity to give this public assurance that I will exert my best endeavours to administer faithfully the executive department, & will zealously cooperate with you in every measure which may tend to secure the liberty, property & personal safety of our fellow-citizens, & to consolidate the republican forms & principles of our government.
In the course of your session you shall receive all the aid which I can give for the despatch of the public business, and all the information necessary for your deliberations, of which the interests of our own country & the confidence reposed in us by others will admit a communication.
CONFIDENTIAL MESSAGE ON SPAIN
j. mss.
Dec. 6, 1805.
To the Senate & House of Representatives of the U. S.:
The depredations which had been committed on the commerce of the U. S. during a preceding war, by persons under the authority of Spain, are sufficiently known to all. These made it a duty to require from that government indemnifications for our injured citizens. A convention was accordingly entered into between the minister of the U. S. at Madrid & the minister of that government for foreign affairs, by which it was agreed that spoliations committed by Spanish subjects & carried into ports of Spain should be paid for by that nation; & that those committed by French subjects, & carried into Spanish ports should remain for further discussion. Before this Convention was returned to Spain with our ratification, the transfer of Louisiana by France to the U. S. took place, an event as unexpected as disagreeable to Spain. From that moment she seemed to change her conduct & dispositions towards us. It was first manifested by her protest against the right of France to alienate Louisiana to us, which however was soon retracted, and the right confirmed. Then high offence was manifested at the act of Congress establishing a collection district on the Mobile, altho’ by an authentic declaration immediately made, it was expressly confined to our acknoleged limits. And she now refused to ratify the Convention signed by her own minister under the eye of his sovereign, unless we would relinquish all consent to alterations of it’s terms which would have affected our claims against her for the spoliations by French subjects carried into Spanish ports.
To obtain justice, as well as to restore friendship, I thought a special mission advisable, & accordingly appointed James Monroe, Minister Extraordinary & Plenipotentiary, to repair to Madrid, & in conjunction with our minister resident there, to endeavour to procure a ratification of the former Convention, & to come to an understanding with Spain as to the boundaries of Louisiana. It appeared at once that her policy was to reserve herself for events, & in the meantime to avoid all explanations and engagements to keep our differences in an undetermined state. This will be evident from the papers now communicated to you. After yielding to their delays until their object could no longer be doubted nearly five months of fruitless endeavor to bring them to some definite accommodation and satisfactory result our ministers ended the conferences, without having been able to obtain indemnity for spoliations of any description, or any satisfaction as to the boundaries of Louisiana, other than a declaration on their part that we had no rights Eastward of the Iberville, and that our line to the west was one which would have left us but a string of land on that bank of the river Mississippi. Our injured citizens were thus left without any prospect of retribution from the wrong-doer; & as to the boundary each party was to take its own course. That which they have chosen to pursue will appear from the documents now communicated. They authorize the inference that it is their intention to advance on our possessions until they shall be repressed by an opposing force. Considering that Congress alone is constitutionally invested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for using force in any degree which could be avoided. I have barely instructed the officers stationed in the neighborhood of the aggressions to protect our citizens from violence, to patrol within the borders actually delivered to us, & not to go out of them but when necessary to repel an inroad, or to rescue a citizen or his property. And the Spanish officers remaining at New Orleans are required to depart without further delay. It ought to be noted here that since the late change in the state of affairs in Europe, Spain has ordered her cruisers & courts to respect our treaty with her.
The conduct of France, & the part she may take in the misunderstandings between the U. S. & Spain, are too important to be unconsidered. She was prompt and decided in her declarations that our demands on Spain for French spoliations carried into Spanish ports, were included in the settlement between the U. S. and France. She took at once the ground that she had acquired no right from Spain & had meant to deliver us none, Eastward of the Iberville: her silence as to the Western boundary leaving us to infer her opinion in favor of our claims to the Rio Bravo: & we know that her commissary had orders to require possession to that river might be against Spain in that quarter. Whatever direction she might mean to give to these differences, it does not appear that is sufficient reason to believe I am satisfied she has not contemplated their proceeding to actual rupture, or that, at the date of our last advices from Paris, her government had any suspicion of a hostile attitude Spain had taken here. On the contrary we are without a doubt have reason to believe that she was disposed to effect a settlement on a plan analogous to what our ministers had proposed, & so comprehensive as to remove as far as possible the grounds of future misunderstanding collision & controversy on the Eastern as well as Western side of the Mississippi.
The present crisis in Europe is favorable for pressing such a settlement: & not a moment should be lost in availing ourselves of it. Should it pass unimproved, our situation would become much more difficult. Formal war is not necessary. It is not probable it will follow. But the protection of our citizens, the spirit and honor of our country, require that force should be interposed to a certain degree. It will probably contribute to advance the object of peace.
But the course to be pursued will require the command of means which it belongs to Congress exclusively to yield or to deny. To them I communicate every fact material for their information, & the documents necessary to enable them to judge for themselves. To their wisdom then I look for the course I am to take, and will pursue with sincere zeal that which they shall approve.
TO J. P. REIBELT
j. mss.
Washington Dec. 21, 05.
Sir,
—During the sitting of the legislature, & especially at it’s commencement it is rare that I can find a moment for my private correspondence. Hence my tardiness in acknoleging the receipt of your favors of the 3d 16th & 19th.
I had often thought on the subject you propose as to the mode of procuring German emigrants to take the place of our blacks. To this, however, the state legislatures are alone competent, the general government possessing no powers but those enumerated in the Constitution, and that of obtaining emigrants at the general expense not being one of the enumerated powers. With respect to the state governments, I not only doubt, but despair, of their taking up this operation, till some strong pressure of circumstance shall force it on them. The same may be said as to the Merino sheep. Congress could not, by our Constitution give one dollar for all in Spain, because that kind of power has not been given them. It is probable that private exertions will transplant & spread them. I have possessed the breed several years, and have been constantly distributing them in my neighborhood. Colo. Humphreys brought over 50 from which stock he is furnishing great numbers.
A BILL FOR ESTABLISHING A NAVAL MILITIA
[Dec. 1805.]
Be it enacted etc. that every free, able-bodied, white, male citizen, of the U. S. of 18. years and under 45. whose principal occupation is on the high sea, or on the tide-waters within the U. S. shall be of the militia for the naval service of the U. S. and shall be exempt from the services of the land militia.
The persons so to constitute the said naval militia shall be enrolled in the several ports or harbours, or the towns or country thereto adjacent, to which they belong or are most convenient, by their names, the dates & places of their births, their abodes & personal descriptions: which enrollment shall be made by such person as the Pres. of the U. S. shall authorize in each place in a book to be kept by him for that purpose, without delay as to those now within the descriptions of this act, and from time to time as to others, who shall thereafter become so, always registering the date of the enrolment, and placing in a distinct page or part of the book those born within the limits of one & the same year of the Christian aera. And whenever a person enrolled in one part of the U S. shall remove to another, the enrolling officer of the latter port shall immediately enter his name on his book, noting the date & place of his former enrolment, in addition to the other circumstances before prescribed, and all questions between the enrolling officers of the land and Naval Militia, whether a citizen belongs really to the one or the other service, shall be decided by the Executive authority of the state.
Every person enrolled shall be entitled to receive from the officer possessing the book of enrolment an authenticated transcript from the same, of the entry respecting himself, on paiment of 25 cents, and to have the same renewed on the same condition from time to time, when lost or destroyed, which shall exempt him from the duties of the land militia, & shall be considered otherwise as instead of the certificate of citizenship heretofore given by the Collectors of the Customs, which certificates shall hereafter cease to be given.
Every enrolling officer shall on or immediately after the 1st day of October in every year, make a return of his roll to the Secretary of the Navy of the U. S. according to it’s actual state as affected since the last return, by age, discharge, death, removal, new enrolments or otherwise.
The ld. Naval Militia of each port & of the town & Country thereto adjacent to which they belong shall be distributed into sections, each of which sections shall consist of all those individuals born within the limits of the same year of the Christian aera, & shall be distinguished by the name of the year of their birth: and in cases of insurrection, of opposition to the civil authority or of sudden attack, either actual or imminent, in any port, harbour, or town on the tide-waters, or on the coasts or shores in their vicinities, all persons then and there being who make a part of the said militia, whether of the same or any other place, shall be liable to be called on by the President of the U S. or the person invested by him with authority for that purpose, to do duty with artillery, or on board any armed vessels, for the special occasion of quelling the insurrection, enforcing obedience to the civil authority, or resisting the attack as the case may be. Such call shall be made on them by sections, in the numbers which the exigency may require by regular rotation in the numerical order of the years of their birth, and for a term not exceeding months: & non-residents shall always make a part of the section of the respective year of their birth.
The said Sections when called into service, shall be organized & officered by the state authority, suitably to the service they shall be called to, whether with Artillery or on board any armed vessels, and while engaged in the performance of a tour of duty shall have the pay & rations allowed in the navy of the U S. and be subject to the rules, regulations, & articles provided for the Government of the same.
AN ACT FOR CLASSING THE MILITIA AND ASSIGNING TO EACH CLASS ITS PARTICULAR DUTIES
Be it enacted, &c., That every free, able-bodied white male citizen of the United States of the age of 18 years and under the age of 45, whose principal occupation is not on the high sea or the tide-waters within the United States, shall be of the militia for the land service of the United States.
Enrolement. The persons so to constitute the land militia shall be enrolled by their names and ages and their proper districts, and in books to be kept for that purpose; such enrolement to be made without delay of those now within the description, and from time to time as to others who shall hereafter become so, always noting the date of the enrolement, and placing in a distinct page or part of the book those of every different year of age, from 45 down to 18. In deciding on the ages of the persons to be enrolled, the officer shall make up his judgment from the information of the party himself, and from such other information as he can obtain, and where this is not satisfactory, then from his own inspection.
Classification. The said militia shall be distributed into classes as follows, to wit: the junior class shall be composed of those above 21 and under 26 years of age; the middle class of those above 26 and under 35 years of age; the senior class of those above 35 and under 45 years of age; and those above 18 and under 21 years of age shall compose the minor class.
Their training. The junior and minor classes shall each have their separate captains and other inferior officers, those for the juniors being selected with a view to actual service, and shall be strictly trained to the exercises and manœuvres of a soldier, either of artillery, infantry, or cavalry, as may be lawfully designated; for which purpose they shall be mustered and trained one whole day in every month of the year, two of which musters shall be in battalion and the others in companies. The captains of the said two classes, with the general and field officers having command over them, shall form a district court-martial for the rigorous enforcement of the duties of attendance and training. Each person of the said junior class shall be furnished with a good musket, bayonet, and cartridge-box at the public expense, so soon as they can be provided, which, except where he shall be of the cavalry or artillery, he shall be bound to produce in good order at every muster of which he shall be, so long as he shall be under the age of 45 years, after which it shall be his property.
Where, at the passing of this Act, any members of the militia shall be in the possession of such arms provided by his State or Territory, or by himself, the same shall be reviewed and valued by some person appointed on the part of the United States and if found in perfect order and of proper calibre, they shall be paid for by the United States if such be the choice of the party furnishing them, and shall thereafter be in the hands of the holder as the property of the United States, under the same trust and right as if they had been originally furnished him by the United States.
The middle class shall in like manner be formed into companies by themselves, to be commanded by their own captains and other inferior officers; they shall be mustered and trained twice only in the year in companies, and once in battalion. The senior class, in distinct companies also, and under its own captains and other inferior officers, shall be mustered and trained one day in the year only in companies, and one in battalion; and both the middle and senior classes shall be under the jurisdiction of their captains, formed into one and the same courtmartial, with the general and field officers having command over them.
Actual service. The junior class shall be liable to perform all active military service within the United States, or the countries next adjacentin their vicinity by tours of duty not to exceed one year in any two; and in order that the said services may be required of them equally, those of every companybattalion shall be divided by lot into ten parts or portions, as nearly equal as may be, each portion to be distinguished by its particular number, from 1 to 10 and to be called into duty in the order of their numbers, such call extending to so many numbers as the exigency may require; and every person so called on may be assigned to the service of the artillery, infantry, cavalry, or of any other description as the competent authority shall direct.
The middle class shall be liable to be called on to do duty within their State only, or in one of the adjoining States; and that by tours not exceeding three months in any year; for which purpose they shall be distributed into portions and numbers, and called on in routine, as is provided in the case of the junior class.
The senior and minor classes shall be liable to be called on to do duty within their own State only, and by tours not exceeding three months in any year; and they shall be separately distributed into portions and numbers, and called on in routine as provided for the other classes.
Exemptions from militia duty shall only extend to the ordinary duties of mustering and training after having entered the middle or senior class. Such exempts shall nevertheless be enrolled in their classes and numbers, and, when called on for actual military service, shall be bound as others are to perform their due tours.
If any person called on to do the actual duties of his class shall refuse or unnecessarily delay to enter on duty, he shall be arrested as a deserter either by the civil or military authority, shall be delivered to the proper military officer, and either punished as a deserter, or compelled to perform his tour of duty; but any person so called on may commute his personal services by tendering as a substitute an able-bodied free white man fit for the service in the judgment of the officer who is to command him, and willing to engage therein. And all persons while engaged in the performance of a tour of duty shall have the pay and rations allowed in the army of the United States, and be subject to the rules, regulations, and articles provided for the government of the same.
All provisions in any law of the United States, or of any particular State or Territory, inconsistent with those of this Act, are hereby repealed; and all provisions in the laws of the United States, or of any particular State or Territory, not inconsistent herewith, shall be understood to be left in force, and liable to alteration by their respective enacting authorities.
NOTES OF A DRAFT FOR A SECOND INAUGURAL ADDRESS.
The former one was an exposition of the principles on which I thought it my duty to administer the government. The second then should naturally be a conte rendu, or a statement of facts, shewing that I have conformed to those principles. The former was promise: this is performance. Yet the nature of the occasion requires that details should be avoided, that, the most prominent heads only should be selected and these placed in a strong light but in as few words as possible. These heads are Foreign affairs; Domestic do., viz. Taxes, Debts, Louisiana, Religion, Indians, The Press. None of these heads need any commentary but that of the Indians. This is a proper topic not only to promote the work of humanizing our citizens towards these people, but to conciliate to us the good opinion of Europe on the subject of the Indians. This, however, might have been done in half the compass it here occupies. But every respector of science, every friend to political reformation must have observed with indignation the hue & cry raised against philosophy & the rights of man; and it really seems as if they would be overborne & barbarism, biogtry & despotism would recover the ground they have lost by the advance of the public understanding. I have thought the occasion justified some discountenance of these anti-social doctrines, some testimony against them, but not to commit myself in direct warfare on them, I have thought it best to say what is directly applied to the Indians only, but admits by inference a more general extension.There are also two papers, as follows:
MADISON’S MEMORANDUM.
InsertThro’ the transactions of a portion of our citizens whose intelligence & arrangements best shield them agst the abuses, as well as inconveniences incident to the collection.substitute
Religion. As religious exercises, could therefore be neither controuled nor prescribed by us. They have accordingly been left as the Constitution found them, under the direction & discipline acknowledged within the several states.
Indians
“No desire” instead of “nothing to desire.”
substitute
Who feeling themselves in the present order of things and fearing to become nothing in any other, inculcate a blind attachment to the customs of their fathers in opposition to every light & example which wd conduct them into a more improved state of existence. But the day I hope is not far distant when their prejudices will yield to their true interests & they will take their stand &c.
Press—strike out from “their own affairs.”
Last page—Alter to “views become manifest to them.”
This is endorsed “Dept. State recd Feb. 8, 05 Inaugural.”
The second paper reads:
MADISON’S MEMORANDUM.
Is the fact certain that the amt of the internal taxes not objectionable in their nature would not have paid the collectors?
What is the amendment alluded to as necessary to a repartition of liberated revenue amg. the states in time of peace?
Page 3—‘in any view’ may be better than ‘in any event’ that phrase having but just preceded.
Instead of ‘acts of religious exercise suited to it (religion)’ ‘exercises suited to it’ or some equivalent variation is suggested.
Dept. State recd Feb. 21, 05 Inaugural.
Monticello Aug. 12, 05.
Dear Sir,
—A journey southwardly from hence has prevented my sooner acknoleging the receipt of your favor of July 22. I see with extreme concern the acrimonious dissensions into which our friends in Pennsylvania have fallen, but have long since made up my mind on the propriety of the general government’s taking no side in state quarrels. And with respect to myself particularly, after eight & thirty years of uniform action in harmony with those now constituting the republican party, without one single instant of alienation from them, it cannot be but my most earnest desire to carry into retirement with me their undivided approbation & esteem. I retain therefore a cordial friendship for both the sections now so unhappily dividing your state. You mention that ‘Doctr. Logan had informed the person that he had just received a letter from you exhorting him to use all his influence to procure the reelection of Govr. McKean, for that to displace him would be extremely injurious to the republican cause.’ Whatever may be the personal esteem I entertain for Govr. McKean and the harmony with which we acted when members of the same body, I never conceived that that would justify my taking sides against Mr. Snyder, or endeavouring in any way to influence the free choice of the state. I therefore have never written any such letter, nor a letter of such import to any mortal. And further, my long & intimate acquaintance with Doctr. Logan & my knolege of his strict honor leaves the fullest conviction in my mind that there has been some mistake in the hearing, understanding or quoting his words. I the more readily believe that there has been error somewhere when I consider how far opposite passions have the power of tingeing objects seen by men equally honest, of presenting them under aspects totally different, and of perverting their understandings of the same expressions. My confidence in Doctr. Logan’s truth is so entire that I dare affirm that he will declare to anyone that he never received such a letter from me. No, sir, so far from taking a side in this distressing quarrel that I look upon both with undiminished affection, & would do anything in my power to assuage & reconcile them. Finally, my dear sir, when you recollect the bitter hostility of the common enemy towards me, the unrelenting perseverance with which they torture, mutilate & pervert every sentence which falls from my pen, you will excuse me in beseeching that nothing of this letter may get into the public prints. Accept my friendly salutations & assurances of great esteem & respect.
RESOLUTION
Resolved that the President of the U. S. ought to be authorized by law to employ the armed vessels of the U. S. which may be in commission, for restraining as well the irregularities and oppressions of our commerce, not amounting to piracy, as those of that degree, which shall be committed by private armed vessels within the Gulf stream, in the Gulf itself, or among the islands bordering thereon, & that a bill be brought in for that purpose.
LOSS SUSTAINED BY THE PUBLIC.
The papers and books of the Council since the revolution. The papers of the auditors, but not their books. Five brass field-pieces, four-pounders, which had been sunk in the river, but were weighed by the enemy. About one hundred and fifty arms in the Capitol loft. About one hundred and fifty in a wagon on the Brook road. About five tons of powder, and some made ammunition at Magazine. Some small proportion of the linens, cloths, &c., in the public store. Some quarter-master’s stores; the principal articles was one hundred and twenty sides of leather. Some of the tools in the artificers’ shops. Foundry, magazine, four artificers’ shops, public store, quartermaster’s store, one artificer’s shop, three wagons.
The legislature was sitting when the entrance of the enemy into James river was made known. They were informed, without reserve, of the measures adopted. Every suggestion from the members was welcomed and weighed, and their adjournment on the second of January furnished the most immediate and confidential means of calling for the militia of their several counties. They accordingly became the bearers of those calls, and they were witnesses themselves, that every preparation was making which the exhausted and harassed state of the country admitted.
They met again at Richmond in May, and adjourned to Charlottesville, where they made a house on the 28th. My office of Governor expired on the 2d of June, being the fifth day of the session; and no successor had been appointed, when an enterprise on the 4th by Tarleton’s cavalry drove them thence, and they met again at Staunton on the 7th. Some members attended there who had not been at Richmond at the time of Arnold’s enterprise. One of these, George Nicholas, a very honest and able man, then, however, young and ardent, supposing there had been some remissness in the measures of the Executive on that occasion, moved for an inquiry into them, to be made at the succeeding session. The members who had been present and privy to the transactions, courted the inquiry on behalf of the executive. Mr. Nicholas, as a candid and honorable man, sent me, through a friend, a copy of the topics of inquiry he proposed to go into; and I communicated to him, with the same frankness, the justifications I should offer, that he might be prepared to refute them if not founded in fact. The following is a copy of both:—
1st Objection. That General Washington’s information was, that an embarcation was taking place, destined for this State.
Answer. His information was, that it was destined for the Southward as was given out at New York. Had similar information from General Washington, and Congress, been considered as sufficient ground at all times for calling the militia into the field, there would have been a standing army of militia kept up; because there has never been a time, since the invasion expected in December, 1779, but what we have had those intimations hanging over our heads. The truth is, that General Washington always considered as his duty to convey every rumor of an embarkation; but we (for some time past, at least) never thought anything but actual invasion should induce us to the expense and harrassment of calling the militia into the field; except in the case of December, 1779, when it was thought proper to do this in order to convince the French of our disposition to protect their ships. Inattention to this necessary economy, in the beginning, went far towards that ruin of our finances which followed.
2d Objection. Where were the post-riders, established last summer?
Answer. They were established at Continental expense, to convey speedy information to Congress of the arrival of the French fleet, then expected here. When that arrived at Rhode Island, these expenses were discontinued. They were again established on the invasion in October, and discontinued when that ceased. And again on the first intimation of the invasion of December. But it will be asked, why were they not established on General Washington’s letters? Because those letters were no more than we had received upon many former occasions, and would have led to a perpetual establishment of postriders.
3d Objection. If a proper number of men had been put into motion on Monday, for the relief of the lower country, and ordered to march to Williamsburg, that they would at least have been in the neighborhood of Richmond on Thursday.
Answer. The order could not be till Tuesday, because we then received our first certain information. Half the militia of the counties round about Richmond were then ordered out, and the whole of them on the 4th, and ordered not to wait to come in a body but in detachments as they could assemble. Yet they were not on Friday more than two hundred collected, and they were principally of the town of Richmond.
4th Objection. That we had not the signals.
Answer. This, though a favorite plan of some gentlemen, and perhaps a practicable one, has hitherto been thought too difficult.
5th Objection. That we had not look-outs.
Answer. There had been no cause to order look-outs more than has been ever existing. This is only in fact asking why we do not always keep look-outs.
6th Objection. That we had not heavy artillery on travelling carriages.
Answer. The gentlemen who acted as members of the Board of War a twelvemonth can answer this question, by giving the character of the artificers whom, during that time, they could never get to mount the heavy artillery. The same reason prevented their being mounted from May 1780, to December. We have even been unable to get these heavy cannon moved from Cumberland by the whole energy of government. A like difficulty which occurred in the removal of those at South Quay, in their day, will convince them of the possibility of this.
7th Objection. That there was not a body of militia thrown into Portsmouth, the great bridge, Suffolk.
Answer. In the summer of 1780, we asked the favor of General Nelson, to call together the County Lieutenants of the lower counties, and concert the general measures which should be taken for instant opposition, on any invasion, until aid could be ordered by the Executive; and the County Lieutenants were ordered to obey his call; he did so the first moment, to wit, on Saturday, December the 31st, at 8 o’clock a. m., of our receiving information of the appearance of a fleet in the bay. We asked the favor of General Nelson to go down, which he did, with full powers to call together the militia of any counties he thought proper, to call on the keepers of any public arms or stores, and to adopt for the instant such measures as exigencies required, till we could be better informed.
Query. Why were not General Nelson, and the brave officers with him, particularly mentioned?
Answer. What should have been said of them? The enemy did not land, nor give them an opprotunity of doing what nobody doubts they would have done; that is, something worthy of being minutely recited.
Query. Why publish Arnold’s letter without General Nelson’s answer?
Answer. Ask the printer. He got neither from the Executive.
Objection. As to the calling out a few militia, and that late.
Answer. It is denied that they were few or late. Forty thousand and seven hundred men (the number required by Baron Steuben) were called out the moment an invasion was known to have taken place, that is on Tuesday, January 2d.
Objections. The abandonment of York and Portsmouth fortifications.
Answer. How can they be kept without regulars, on the large scale on which they were formed? Would it be approved of to harass the militia with garrisoning them?
To place me on equal grounds for meeting the inquiry, one of the representatives of my county resigned his seat, and I was unanimously elected in his place. Mr. Nicholas, however, before the day, became better satisfied as to what had been done, and did not appear to bring forward the inquiry; and in a publication, several years after, he made honorable acknowledgment of the erroneous views he had entertained on those transactions. I therefore read in my place the inquiries he had proposed to make, and stated the justifications of the Executive. And nearly every member present having been a witness to their truth, and conscious all was done which could have been done, concurred at once in the following resolution:
‘The following resolution was unanimously agreed to by both houses of the General Assembly of Virginia, December the 19th, 1781.
‘Resolved, That the sincere thanks of the General Assembly be given to our former Governor, Thomas Jefferson, Esquire, for his impartial, upright, and attentive administration whilst in office. The Assembly wish in the strongest manner to declare the high opinion they entertained of Mr. Jefferson’s ability, rectitude, and integrity as Chief Magistrate of this Commonwealth, and mean, by thus publicly avowing their opinion, to obviate and to remove all unmerited censure.’
And here it is but proper to notice the parody of these transactions which General Lee has given as their history. He was in a distant State at the time, and seems to have made up a random account from the rumors which were afloat where he then was. It is a tissue of errors from beginning to end.
The nonsense which has been uttered on the coup de main of Tarleton on Charlottesville is really so ridiculous, that it is almost ridiculous seriously to notice it. I will briefly, however, notice facts and dates. It has been said before, that the legislature was driven from Charlottesville by an incursion of the enemy’s cavalry. Since the adjournment from Richmond, their force in this country had been greatly augmented by reinforcements under Lord Cornwallis and General Phillips; and they had advanced up into the country as far as Elk Island, and the Fork of James river. Learning that the legislature was in session in Charlottesville, they detached Colonel Tarleton with his legion of horse to surprise them. As he was passing through Louisa on the evening of the 3d of June, he was observed by a Mr. Gouett, who, suspecting the object, set out immediately for Charlottesville, and knowing the byways of the neighborhood, passed the enemy’s encampment, rode all night, and before sunrise of the 4th, called at Monticello with notice of what he had seen, and passed on to Charlottesville to notify the members of the legislature. The Speakers of the two houses, and some other members were lodging with us. I ordered a carriage to be ready to carry off my family; we breakfasted at leisure with our guests, and after breakfast they had gone to Charlottesville; when a neighbor rode up full speed to inform me that a troop of horse was then ascending the hill to the house. I instantly sent off my family, and after a short delay for some pressing arrangements, I mounted my horse; and knowing that in the public road I should be liable to fall in with the enemy, I went through the woods, and joined my family at the house of a friend, where we dined. Would it be believed, were it not known, that this flight from a troop of horse, whose whole legion, too, was within supporting distance, has been the subject, with party writers, of volumes of reproach on me, serious or sarcastic? That it has been sung in verse, and said in humble prose, that forgetting the noble example of the hero of La Mancha, and his wind-mills, I decline a combat against a troop, in which victory would have been so glorious? Forgetting, themselves, at the same time, that I was not provided with the enchanted arms of the Knight, nor even with his helmet of Mambrino. These closet heroes, forsooth, would have disdained the shelter of a wood, even singly and unarmed, against a legion of armed enemies.
Here, too, I must note another instance of the want of that correctness in writing history, without which it becomes romance. General Lee says that Tarleton, in another enterprise some time after, penetrated up the south side of James river to New London, in Bedford county. To that neighborhood precisely, where I had a possession, I had carried my family, and was confined there several weeks by the effects of a fall from my horse; and I can assure the readers of General Lee’s history, that no enemy ever came within forty miles of New London.
Monticello Aug. 7, 1805.
Dear Sir,
—On a view of our affairs with Spain, presented me in a letter from C. Pinckney, I wrote you on the 23d of July, that I thought that we should offer them the status quo, but immediately propose provisional alliance with England. I have not yet received the whole correspondence. But the portion of the papers now enclosed to you, confirm me in the opinion of the expediency of a treaty with England, but make the offer of the status quo more doubtful. The correspondence will probably throw light on that question; from the papers already received I infer a confident reliance on the part of Spain on the omnipotence of Bonaparte, but a desire of procrastination till peace in Europe shall leave us without an ally. General Dearborn has seen all the papers. I will ask the favor of you to communicate them to Mr. Gallatin & Mr. Smith. From Mr. Gallatin I shall ask his first opinion, preparatory to the stating formal questions for our ultimate decision. I am in hopes you can make it convenient on your return to see & consult with Mr. Smith & Gen. Dearborn, unless the latter should be come on here where I can do it myself. On the receipt of your own ideas, Mr. Smith’s and the other gentlemen, I shall be able to form points for our final consideration & determination.
I enclose you some communications from the Mediterranean. They shew Barron’s understanding in a very favorable view. When you shall have perused them, be so good as to enclose them to the Secretary of the Navy. Accept my fervent wishes for the speedy recovery of Mrs. Madison, and your speedy visit to this quarter.
Washington Oct. 23, ’05.
Dear Sir,
—Understanding from Mr. Madison that he would be here by the last of the week, I wrote to desire him to give you notice of his passing thro’ Baltimore: but by a letter received yesterday it is probable he will have set out before my letter reaches him.
The almost certainty which now appears of an extensive continental war in Europe changes our situation most advantageously, inasmuch as it ensures us another year’s continuance at least of that war. Consequently we need be in no hurry to make any propositions to England, but may proceed at once to make another & last effort to bring Spain to a settlement; and even if we fail, it is now much more questionable than it was whether we had not better enter the war unembarrassed by any alliance, that we may withdraw separately as soon as our separate terms can be obtained. How & where to open new conferences is the question? Not in Spain certainly, nor with Spain. Will it not be better to make a friendly appeal to France, letting them understand it is a last effort for peace, settle through them a reasonable price for the Floridas, part money, part concession towards the Rio bravo, but securing from Spain the indemnification for spoliations by hypothecation until she pays principal & interest. We in the meantime paying our merchants their interest & guaranteeing the principal, so that they may sell the debt as stock for present relief. I hazard these new thoughts produced by the new circumstances, for consideration & consultation as soon as we can meet. Then also I wish to consult you on a plan of a regular naval militia to be composed of all our seafaring citizens, to enable us to man a fleet speedily by supplying voluntary enlistments by calls on that militia. Affectionate salutations.
MADISON’S MEMORANDUM.
(a) And which have been increased by peculiar circumstances in the W. Indn. seas, yet in the more distant channels, at least of our trade.
(b) The act authorizes &c. provisionally at least—a port &c. without the limits of the U. S. the words in () may be left out.
(c) (On the part of Spain).
(d) (Proper to suspend) will accord better with the case—as the 6th. atr. is also made a ground of suspension.
(e) May reasonably be expected to replace the Spanish govt. in the disposition which originally concurred in the Convention.
(f) (Manifestations).
(g) (On proper) quer. if the last circumstance may not be omitted in so general a paragraph and left to be included in some particular message or taken up on informal suggestion.
(h) Quer here as above.
(i) (Effectual) is it not too strong?
On Nov. 24, Jefferson wrote to Madison:
How will it do to amend the passage respecting England to read as follows? ‘New principles too have been interpolated into the Law of Nations, founded neither in justice, nor the usage or acknolegement of nations. According to these a belligerent takes to itself a commerce with it’s own enemy, which it denies to a neutral on the ground of it’s aiding that enemy. But reason revolts at such an inconsistency. And the neutral having equal rights with the belligerent to decide the question, the interests of our constituents & the duty of maintaining the authority of reason, the only umpire between just nations impose on us the obligation of providing an effectual and determined opposition to a doctrine’ (so injurious to peaceable nations). Will you give me your opinion on the above immediately, as I wish to send the paper to Mr. Gallatin? Should we not lay before Congress the act of parl. proving the British take the trade to themselves, & the order of council proving they deny it to neutrals?
In Madison’s hand, on the same sheet is written: Although it is strictly true as here applied that reason is the sole umpire, yet as G. B. abuses the idea, in order to get rid of the instituted L. of nations, and as it may not be amiss to invite the attention of other neutrals, suppose there be added after a doctrine ‘as alarming to all peaceable nations as it is illegal (against all law) in itself,’ or some similar expression. This however is merely for consideration. The passage as it stands has a good countenance and is made of good stuff.
Madison also drew up some notes (indorsed: “Received Nov. 24, 05, Message”) as follows: (a) After ‘others’ the insertion of ‘with commissions,’ seems necessary, as others refer to the armed vessels, not to commissns. (b) Instead of ‘under the controul’ it may be well to insert some such phrase as ‘unreached by any controul’ in order not to sanction a plea agst. indemnification, drawn from an acknowledgment on our part that the enormities were uncontroullable. (c) ‘As unprofitable as immoral.’ Seems to be applicable to both parties. Some such substitute as the following is suggested. ‘As painful on one side as immoral on the other.’ (d) It is suggested whether naming the ages, particularly that of 18 years may not be too specific, and perhaps incur premature objections. It might be generalized in some such manner as this, ‘From the last Census it may be deduced that upwards of 300,000 able-bodied men will be found within the ages answering that character. These will give time for raising regular forces after the necessity of them shall become certain, and the reducing to the early period of life all its active service, cannot but be desirable to our younger citizens of all kinds, inasmuch as it engages to them in more advanced stages an undisturbed repose in the bosom of their families.’
A second series of notes by Madison (indorsed “received Nov. 27, 05, Message”) was: (a) ‘Will become more able to regulate with effect their respective functions in these departments’ instead of what is between the first ()
At this point, Jefferson interlined this: Will become able to regulate with effect their respective functions in these departments. The burthen of quarantines is felt at home as well as abroad. Their efficacy merits examination. Although the health laws of the states should not at this moment be found to require a particular revisal by Congress, yet commerce claims that their attention be ever awake to them.
Madison’s notes continue: (b) Omit what is between the 2d () (a) The first alteration is suggested on the ground that an executive definition of the constitutional power of an Indept Branch of Govt may be liable to criticism. (b) The 2d on the ground that it takes, apparently, side with the sect of Infectionists. If ‘really infected’ be struck out after vessels, & ‘in a state dangerous to health’ were substituted or some other neutral phrase, the objection would be taken away. The pencilled words have reference to the idea & anxiety of some that the state laws should be revised.
Yet a third of Madison’s notes (indorsed: “Received Nov. 28, 05. Resolns Spain”) reads: Resol 1. (Substitute within any part of the former Louisiana comprehend in the delivery of possession thereof to the U. S.) 2. (Omit)—(substitute as may consist with the honor of the U. States) this change will look less towards advances by the U. S. to effect the adjustment. 4. (Omit, as embarrassing and inefficacious). 5. (Quer. if not unnecessary and provided for by the succedg resol.) 6. (Omit, on the idea that with this specification amicable expense of adjustmt will be in fact authorized, with an apparent reference to the use of force previously authorized). The difficulty lies in covering an application of money to a new purchase of territory. As a means of adjustment it will be covered; but by a construction probably not entering into the views of Congs. To Gallatin, Jefferson had written:
November 20, 1805.
Th. J. to Mr. Gallatin.
Can you be so good as to let me have the financial paragraph this morning, as there is not much more than time enough to submit the message successively to the different gentlemen for correction and then to have copies?
November 24, 1805.
Th. J. to Mr. Gallatin.
I send you the message to ask a scrupulous revisal, and as early an one as you can, because there does not remain more than time enough to submit it successively to the other gentlemen for their corrections, to make copies, &c. On reviewing what has been prepared as to Great Britain and Spain, I found it too soft towards the former compared with the latter, and that so temperate a notice of the greater enormity might lessen the effect which the strong language towards Spain was meant to produce at the Tuileries. I have, therefore, given more force to the strictures on Britain.
November 26, 1805.
Th. J. to Mr. Gallatin.
1. The concessions to Renault. As to those in the Territory of Indiana, that country having been claimed by England at all times, conquered in the war of 1755, and confirmed to her in 1763; conquered by the United States, and confirmed to them in 1783; and all ancient titles there settled and done with by authority of the United States; these claims of Renault are certainly at an end.
2. As to those in Louisiana; I believe it has been a law as well as invariable usage with the Spanish government in that country to consider all concessions void which were not settled within one, two, or three years, which condition was often expressed in the grant, and understood where not expressed. O’Reilly’s Ordinance is evidence of this policy and practice. But independently of positive law, prescription is a law of reason: if Renault ever took possession which does not appear, he has abandoned that possession more than sixty or seventy years, as appears by Austin’s statement, which is that so long ago as 1738 these mines were considered as public property.
3. As to the concessions in 1797 to Winter and others, exclusive of the fraud and illegality so obvious on their face, they bore the express condition of becoming void if not settled in a year.
However, the commissioners of Congress (I believe) are to report titles for the ultimate decision of Congress. Whether it would be proper for us in the mean time to express sentiments which might discourage speculations is to be considered of.
I have been sensible the passage on the yellow fever appeared bald, for want of a practical application. The real object being to bring important facts before foreign governments, an ostensible one was necessary to cover the reality. I have endeavored at it in the enclosed, as well as some other supplements suggested by you, of which I ask your consideration. Affectionate salutations.
Saturday, December 7, 1805.
J. Randolph has just called to ask a conversation with me, for which purpose he will be with me tomorrow morning; everything therefore had better be suspended till that is over.
Considering that the important thing is to get the militia classes so that we may get at the young for a year’s service at a time, and that training may be supplied after they are called out, I think we may give up every part of the bill which respects training & arming. Let us once get possession of the principle, & future Congresses will train & arm. In this way we get rid of all those enemies to the bill to whom different details would be objectionable. I send you the bill thus modified, & I have thrown in a few words in the clause beginning with the words ‘The junior class shall be liable &c.’ in order that the law may execute itself without waiting for any legislature. Will you be so good as to communicate it to General Varnum & Mr. Bidwell? The sooner the better.
Considering that the important thing is to get the militia classes so that we may get at the young for a year’s service at a time, and that training may be supplied after they are called out, I think we may give up every part of the bill which respects training & arming. Let us once get possession of the principle, & future Congresses will train & arm. In this way we get rid of all those enemies to the bill to whom different details would be objectionable. I send you the bill thus modified, & I have thrown in a few words in the clause beginning with the words ‘The junior class shall be liable &c.’ in order that the law may execute itself without waiting for any legislature. Will you be so good as to communicate it to General Varnum & Mr. Bidwell? The sooner the better.
Titles (by Subject) 
