Томас Джефферсон
The Writings of Thomas Jefferson, Vol. 5 (of 9)
TO GEORGE HAY, ESQ., ATTORNEY FOR THE U. S., BEFORE THE DISTRICT OF VIRGINIA
Monticello, September 7, 1807.
Sir,—Understanding that it is thought important that a letter of November 12, 1806, from General Wilkinson to myself, should be produced in evidence on the charges against Burr, depending in the District Court now sitting in Richmond, I send you a copy of it, omitting only certain passages, the nature of which is explained in the certificate subjoined to the letter. As the Attorney for the United States, be pleased to submit the copy and certificate to the uses of the Court. I salute you with great esteem and respect.
P. S. On re-examination of a letter of November 12, 1806, from General Wilkinson to myself, (which having been for a considerable time out of my possession, and now returned to me,) I find in it some passages entirely confidential, given for my information in the discharge of my executive functions, and which my duties and the public interest forbid me to make public. I have therefore given above a correct copy of all those parts which I ought to permit to be made public. Those not communicated are in nowise material for the purposes of justice on the charges of treason or misdemeanor depending against Aaron Burr; they are on subjects irrelevant to any issues which can arise out of those charges, and could contribute nothing towards his acquittal or conviction. The papers mentioned in the 1st and 3d paragraphs, as enclosed in the letters, being separated therefrom, and not in my possession, I am unable, from memory, to say what they were. I presume they are in the hands of the attorney for the United States. Given under my hand this 7th day of September, 1807.
TO GOVERNOR CABELL
Monticello, September 7, 1807.
Dear Sir,—I now return you Major Newton's letters. The intention of the squadron in the bay is so manifestly pacific, that your instructions to him are perfectly proper, not to molest their boats merely for approaching the shore. While they are giving up slaves and citizen seamen, and attempting nothing ashore, it would not be well to stop this by any new restriction. If they come ashore indeed, they must be captured, or destroyed if they cannot be captured, because we mean to enforce the proclamation rigorously in preventing supplies. So the instructions already given as to intercourse by flag, as to sealed and unsealed letters, must be strictly adhered to. It is so material that the seaport towns should have artillery militia duly trained, that I think you have done well to permit Captain Nestell's company to have powder and ball to exercise. With respect to gun-carriages, furnaces and clothes, I am so little familiar with the details of the War department that I must beg those subjects to lie till the return of the Secretary at War, which will be in three weeks. Proposing to be absent from this place from the 9th to the 16th instant, our daily post will be suspended during that interval. I salute you with great esteem and respect.
TO GEORGE HAY
Monticello, September 7, 1807.
Dear Sir,—I received, late last night, your favor of the day before, and now re-enclose you the subpœna. As I do not believe that the district courts have a power of commanding the executive government to abandon superior duties and attend on them, at whatever distance, I am unwilling, by any notice of the subpœna, to set a precedent which might sanction a proceeding so preposterous. I enclose you, therefore, a letter, public and for the court, covering substantially all they ought to desire. If the papers which were enclosed in Wilkinson's letter may, in your judgment, be communicated without injury, you will be pleased to communicate them. I return you the original letter.
I am happy in having the benefit of Mr. Madison's counsel on this occasion, he happening to be now with me. We are both strongly of opinion, that the prosecution against Burr for misdemeanor should proceed at Richmond. If defeated, it will heap coals of fire on the head of the Judge; if successful, it will give time to see whether a prosecution for treason against him can be instituted in any, and what other court. But we incline to think, it may be best to send Blennerhasset and Smith (Israel) to Kentucky, to be tried both for the treason and misdemeanor. The trial of Dayton for misdemeanor may as well go on at Richmond.
I salute you with great esteem and respect.
TO THE SECRETARY OF THE NAVY
Monticello, September 8, 1807.
Dear Sir,—Mr. Madison, who is with me, suggests the expediency of immediately taking up the case of Captain Porter, against whom you know Mr. Erskine lodged a very serious complaint, for an act of violence committed on a British seaman in the Mediterranean. While Mr. Erskine was reminded of the mass of complaints we had against his government for similar violences, he was assured that contending against such irregularities ourselves, and requiring satisfaction for them, we did not mean to follow the example, and that on Captain Porter's return, it should be properly inquired into. The sooner this is done the better; because if Great Britain settles with us satisfactorily all our subsisting differences, and should require in return, (to have an appearance of reciprocity of wrong as well as redress,) a marked condemnation of Captain Porter, it would be embarrassing were that the only obstacle to a peaceable settlement, and the more so as we cannot but disavow his act. On the contrary, if we immediately look into it, we shall be more at liberty to be moderate in the censure of it, on the very ground of British example; and the case being once passed upon, we can more easily avoid the passing on it a second time, as against a settled principle. It is therefore to put it in our power to let Captain Porter off as easily as possible, as a valuable officer whom we all wish to favor, that I suggest to you the earliest attention to the inquiry, and the promptest settlement of it. I set out to-morrow on a journey of 100 miles, and shall be absent eight or nine days. I salute you affectionately.
TO MR. CRAWFORD
Monticello, September 8, 1807.
Thomas Jefferson presents his compliments to Mr. Crawford, and his thanks for his Observations on Quarantines, which he has read with great pleasure. Not himself a friend to quarantines, nor having confidence in their efficacy, even if they are necessary, he sees with pleasure every effort to lessen their credit. But the theory which derives all infection, and ascribes to unseen animals the effects hitherto believed to be produced by it, is as yet too new and unreceived to justify the public servants in resting thereon the public health, until time and further investigation shall have sanctioned it by a more general confidence. He salutes Mr. Crawford with great respect.
TO THE SECRETARY OF THE TREASURY
Monticello, September 8, 1807.
Dear Sir,—Yours of the 2d is received, and I have this day directed commissions for Bull, Hubbell, and for Benajah Nicholls of North Carolina, as Surveyor of the port of Windsor, v. Simeon Turner, resigned. This last is on the recommendation of Alston.
You know that the merchants of New York and Philadelphia were of opinion that a public vessel sent into the Bay of Bengal to notify our trade there, would in fact increase the danger of our vessels. The most intelligent merchants of Baltimore, consulted by Mr. Smith, were of the same opinion as to the Straits of Sunda. It was therefore concluded between Mr. Smith, Mr. Madison, and myself, (time not admitting further consultation,) that it would be best to make a Consul for Batavia, (there being none,) and send him to his post by a private vessel, with instructions to take the best measures he could for notifying all our trade beyond the Straits, to instruct our Consul at the Isle of France to do the same to all on this side, and moreover to send a special agent by any private conveyance to be obtained, to go from port to port in the Bay of Bengal, to give private notice to the vessels there. As several vessels were on their departure for those seas from Philadelphia and Baltimore, it is trusted that this arrangement will effect all the good proposed, and avoid all the evil apprehended at the different places which were consulted.
I set out to-morrow to Bedford, and shall be absent eight days. I shall leave this on the 30th, and be in Washington the 3d of October, ready for our meeting on the 5th. I salute you affectionately.
TO GOVERNOR CABELL
Monticello, September 18, 1807.
Sir,—On my return to this place yesterday I found your favor of the 15th, and now return the papers it covered. I am glad to see the temperate complexion of Lowrie's correspondence. I presume the intelligence from England since the arrival there of the information respecting the Chesapeake, will produce a moderate deportment in their officers. Your instructions to Major Newton on the opening of letters, are perfectly consonant with the rules laid down. With respect to the mode of furnishing the troops with provisions through any other channel than that of the public contractor, I am unable to say anything, being not at all acquainted with the arrangements of the war department on that subject. I enclose you a letter I have received from a Mr. Belcher, of Gloster, giving reason to believe there have been some contraventions of the Proclamation there which ought to be punished if they can be detected. I salute you with great esteem and respect.
TO MR. MADISON
Monticello, September 18, 1807.
I returned here yesterday afternoon and found, as I might expect, an immense mass of business. With the papers received from you, I enclose you some others which will need no explanation. I am desired by the Secretary of the Navy to say what must be the conduct of Commodore Rodgers, at New York, on the late or any similar entry of that harbor by the British armed vessels. I refer him to the orders to Decatur as to what he was to do if the vessels in the Chesapeake. 1. Remain quiet in the Bay. 2. Come to Hampton road. 3. Enter Elizabeth river, and recommend an application of the same rules to New York, accommodated to the localities of the place. Should the British government give us reparation of the past, and security for the future, yet the continuance of their vessels in our harbors in defiance constitutes a new injury, which will not be included in any settlement with our ministers, and will furnish good ground for declaring their future exclusion from our waters, in addition with the other reasonable ground before existing. Our Indian affairs in the northwest on the Missouri, and at the Natchitoches, wear a very unpleasant aspect. As to the first all I think is done which is necessary. But for this and other causes, I am anxious to be again assembled. I have a letter from Connecticut. The prosecution there will be dismissed this term on the ground that the case is not cognisable by the courts of the United States. Perhaps you can intimate this where it will give tranquillity. Affectionate salutations.
TO THE SECRETARY OF THE NAVY
Monticello, September 18, 1807
Dear Sir,—On my return yesterday I found yours of the 10th, and now re-enclose you Commodore Rodgers' letter. You remember that the orders to Decatur were to leave the British ships unmolested so long as they laid quiet in the Bay; but if they should attempt to enter Elizabeth river to attack them with all his force. The spirit of these orders should, I think, be applied to New York. So long as the British vessels merely enter the Hook, or remain quiet there, I would not precipitate hostilities. I do not sufficiently know the geography of the harbor to draw the line which they should not pass. Perhaps the narrows, perhaps some other place which yourself or Commodore Rogers can fix with the aid of the advice he can get in New York. But a line should be drawn which if they attempt to pass, he should attack them with all his force. Perhaps he would do well to have his boats ordinarily a little without the line to let them see they are not to approach it; but whether he can lay there in safety, ordinarily, he must judge. But if the British vessels continue at the Hook, great attention should be paid to prevent their receiving supplies or their landing, or having any intercourse with the shore or other vessels. I left Mr. Nicholas's yesterday morning: he is indisposed with his annual influenza. Mrs. Nicholas is well. I shall be at Washington on the 3d proximo. Affectionate salutations.
TO ROBERT BRENT, ESQ
Monticello, September 19, 1807.
Sir,—I have just received your favor of the 8th, informing me that the Board of Trustees for the public school in Washington had unanimously re-appointed me their President. I pray you to present to them my thanks for the mark of their confidence, with assurances that I shall at all times be ready to render to the Institution any services which shall be in my power. Accept yourself my salutations, and assurances of great respect and esteem.
TO J. MADISON
September 20, 1807.
I return all the papers received in yours of the 18th and 19th, except one soliciting office, Judge Woodward's letters, to be communicated to the Secretary of War. Should not Claiborne be instructed to say at once to Governor Folch, that as we never did prohibit any articles (except slaves) from being carried up the Mississippi to Baton Rouge, so we do not mean to prohibit them, and that we only ask a perfect and equal reciprocity to be observed on the rivers which pass through the territories of both nations. Must we not denounce to Congress the Spanish decree as well as the British regulation pretending to be the countervail of the French? One of our first consultations, on meeting, must be on the question whether we shall not order all the militia and volunteers destined for the Canadas to be embodied on the 26th of October, and to march immediately to such points on the way to their destination as shall be pointed out, there to await the decision of Congress? I approve of the letter to Erskine. In answering his last, should he not be reminded how strange it is he should consider as a hostility our refusing to receive but under a flag, persons from vessels remaining and acting in our waters in defiance of the authority of the country? The post-rider of the day before yesterday has behaved much amiss in not calling on you. When I found your mail in the valise and that they had not called on you, I replaced the mail in it and expressly directed him to return by you. Affectionate salutations.
TO MR. HAY
Monticello, September 20, 1807.
Dear Sir,—General Wilkinson has asked permission to make use, in the statement of Burr's affair which he is about to publish, of the documents placed in your hands by Mr. Rodney. To this, consent is freely given with one reservation. Some of these papers are expressed to be confidential. Others containing censures on particular individuals, are such as I always deem confidential, and therefore cannot communicate, but for regularly official purposes, without a breach of trust. I must therefore ask the exercise of your discretion in selecting all of this character, and of giving to the General the free use of the others. It will be necessary that the whole be returned to the Attorney General by the first week in the next month, as a selection will be made from them to make part of the whole evidence in the case, which I shall have printed and communicated to Congress. I salute you with great esteem and respect.
TO GENERAL WILKINSON
Monticello, September 20, 1807.
Dear Sir,—I received your favors of the 13th and 15th on my return to this place on the 17th, and such was the mass of business accumulated in my absence, that I have not till now been able to take up your letters. You are certainly free to make use of any of the papers we put into Mr. Hay's hands, with a single reservation: to wit, some of them are expressed to be confidential, and others are of that kind which I always consider as confidential, conveying censure on particular individuals, and therefore never communicate them beyond the immediate executive circle. I accordingly write to this effect to Mr. Hay. The scenes which have been acted at Richmond are such as have never before been exhibited in any country where all regard to public character has not yet been thrown off. They are equivalent to a proclamation of impunity to every traitorous combination which may be formed to destroy the Union; and they preserve a head for all such combinations as may be formed within, and a centre for all the intrigues and machinations which foreign governments may nourish to disturb us. However, they will produce an amendment to the Constitution which, keeping the judges independent of the Executive, will not leave them so, of the nation.
I shall leave this place on the 30th for Washington. It is with pleasure that I perceive from all the expressions of public sentiment, that the virulence of those whose treasons you have defeated only place you on higher ground in the opinion of the nation. I salute you with great esteem and respect.
TO MR. COXE
Monticello, September 21, 1807.
Sir,—I have read with great satisfaction your observations on the principles for equalizing the power of the different nations on the sea, and think them perfectly sound. Certainly it will be better to produce a balance on that element, by reducing the means of its great monopolizer, than by endeavoring to raise our own to an equality with theirs. I have ever wished that all nations would adopt a navigation law against those who have one, which perhaps would be better than against all indiscriminately, and while in France I proposed it there. Probably that country is now ripe for it. I see no reason why your paper should not be published, as it would have effect towards bringing the public mind to proper principles. I do not know whether you kept a copy; if you did not, I will return it. Otherwise I retain it for the perusal of my coadjutors, and perhaps to suggest the measure abroad. I salute you with great esteem and respect.
TO THE ATTORNEY GENERAL
Washington, October 8, 1807.
Dear Sir,– * * * * * The approaching convention of Congress would render your assistance here desirable. Besides the varieties of general matter we have to lay before them, on which we should be glad of your aid and counsel, there are two subjects of magnitude in which your agency will be peculiarly necessary. 1st. The selection and digestion of the documents respecting Burr's treason, which must be laid before Congress in two copies, (or perhaps printed, which would take ten days.) 2d. A statement of the conduct of Great Britain towards this country, so far as respects the violations of the Maritime Law of nations. Here it would be necessary to state each distinct principle violated, and to quote the cases of violation, and to conclude with a view of her vice-admiralty courts, their venality and rascality, in order to show that however for conveniences, (and not of right) the court of the captor is admitted to exercise the jurisdiction, yet that in so palpable an abuse of that trust, some remedy must be applied. Everything we see and hear leads in my opinion to war; we have therefore much to consult and determine on, preparatory to that event. I salute you with affectionate respect.
TO MR. PAINE
Washington, October 9, 1807.
Dear Sir,—Your second letter on the subject of gun-boats, came to hand just before my departure from Monticello. In the meantime, the inquiry into the proposition had been referred, agreeably to our usage, or to reason, to the practical persons of the department to which it belonged, deemed most skilful. On my arrival here, I found the answers of the persons to whom it was referred, the substance of which I now enclose you. I am not a judge of their solidity, but I presume they are founded, and the rather as they are from officers entirely favorable to the use of gun-boats.
We have as yet no knowledge of the arrival of the Revenge in England, but we may daily expect to hear of it; and as we expected she would be detained there and in France about a month, it will be a month hence before we can expect her back here. In the meantime, all the little circumstances coming to our knowledge are unfavorable to our wishes for peace. If they would but settle the question of impressment from our bottoms, I should be well contented to drop all attempts at a treaty. The other rights of neutral powers will be taken care of by Bonaparte and Alexander; and for commercial arrangements we can sufficiently provide by legislative regulations. But as the practice of impressment has taken place only against us, we shall be left to settle that for ourselves; and to do this we shall never again have so favorable a conjuncture of circumstances. Accept my friendly salutations and assurances of great esteem and respect.
