Томас Джефферсон
The Writings of Thomas Jefferson, Vol. 5 (of 9)
TO CAPTAIN M'GREGOR
Monticello, August 26, 1808.
Sir,—In answer to the petition which you delivered me from the officers of merchant vessels belonging to Philadelphia, I must premise my sincere regret at the sacrifices which our fellow citizens generally, and the petitioners in particular, have been obliged to meet by the circumstances of the times. We live in an age of affliction, to which the history of nations presents no parallel. We have for years been looking on Europe covered with blood and violence, and seen rapine spreading itself over the ocean. On this element it has reached us, and at length in so serious a degree, that the Legislature of the nation has thought it necessary to withdraw our citizens and property from it, either to avoid, or to prepare for engaging in the general contest. But for this timely precaution, the petitioners and their property might now have been in the hands of spoilers, who have laid aside all regard to moral right. Withdrawing from the greater evil, a lesser one has been necessarily encountered. And certainly, could the Legislature have made provision against this also, I should have had great pleasure as the instrument of its execution, but it was impracticable, by any general and just rules, to prescribe in every case the best resource against the inconveniences of this new situation. The difficulties of the crisis will certainly fall with greater pressure on some descriptions of citizens than on others; and on none perhaps with greater than our seafaring brethren. Should any means of alleviation occur within the range of my duties, I shall with certainty advert to the situation of the petitioners, and, in availing the nation of their services, aid them with a substitute for their former occupations. I salute them and yourself with sentiments of sincere regard.
TO THE SECRETARY AT WAR
Monticello, August 27, 1808.
Dear Sir,—In my letter of yesterday I omitted to enclose that of Hern, which I now do. I add to it a newspaper from St. Louis, in which is an account of the surrender of some Indian murderers. This paper says there were three or four whites murdered. But I think Governor Lewis' letter says but one. On that ground I wrote to him to recommend, if they should be convicted, to suffer only one to be executed, unless there was strong reason for doing more, and to deliver up the rest to their friends, as a proof of our friendship and desire not to injure them. Mr. Woolsey, our Collector on Champlain, has lately been to Montreal. He took much pains to find out the British strength in that quarter, and the following is what he says, we may rely on:
He adds, that 10,000 men will take the whole country to within a league of Quebec. I salute you with affection and respect.
TO THE EMPEROR OF RUSSIA
United States, August 29, 1808.
Great and good Friend and Emperor,—Desirous of promoting useful intercourse and good understanding between your majesty's subjects and the citizens of the United States, and especially to cultivate the friendship of your majesty, I have appointed William Short, one of our distinguished citizens, to be in quality of Minister Plenipotentiary of the United States, the bearer to you of assurances of their sincere friendship, and of their desire to maintain with your majesty and your subjects the strictest relations of amity and commerce: he will explain to your majesty the peculiar position of these States, separated by a wide ocean from the powers of Europe, with interests and pursuits distinct from theirs, and consequently without the motives or the appetites for taking part in the associations or oppositions which a different system of interests produces among them; he is charged to assure your majesty more particularly of our purpose to observe a faithful neutrality towards the contending powers, in the war to which your majesty is a party, rendering to all the services and courtesies of friendship, and praying for the re-establishment of peace and right among them; and we entertain an entire confidence that this just and faithful conduct on the part of the United States will strengthen the friendly dispositions you have manifested towards them, and be a fresh motive with so just and magnanimous a sovereign to enforce, by the high influence of your example, the respect due to the character and the rights of a peaceable nation. I beseech you, great and good friend and emperor, to give entire credence to whatever he shall say to you on the part of these States, and most of all when he shall assure you of their cordial esteem and respect for your majesty's person and character, praying God always to have you in his safe and holy keeping.
TO GENERAL WILKINSON
Monticello, August 30, 1808.
Dear General,—The absence of General Dearborne and his great distance render it necessary to recommend a measure which should regularly go from him, but will not admit of that delay. The armed resistance to the embargo laws on the Canada line induced us at an early period to determine that the new recruits of the northern States should be rendezvoused there, and I presume you received such instructions from General Dearborne. In the meantime we have been obliged to make several detachments of militia to points on that line. This is irksome to them, expensive, troublesome, and less efficacious. Understanding that there are three companies of new recruits filled, or nearly filled, at New York, I must pray you to order these, and indeed all the recruits of the State of New York, to Sackett's Harbor, Oswegatchie, and Plattsburgh, in equal proportions to each, in order to support the collectors in the execution of their duties, and this without any avoidable delay, giving notice to Governor Tompkins of their march and time of probable arrival at their destination, that he may give corresponding orders respecting the relief of the militia. I salute you with esteem and respect.
TO THE SECRETARY OF THE TREASURY
Monticello, August 30, 1808.
Dear Sir,– * * * * * Mr. Madison and myself on repeated consultations, (and some of the other members of the executive expressed the same opinion before they left Washington,) have concluded that the mission to Petersburgh should not be delayed. Being special, and not permanent, the waiting the meeting of the Senate is less important, and, if we waited, that it could not go till spring, and we know not what this summer and the ensuing winter may produce. We think secrecy also important, and that the mission should be as little known as possible, till it is in Petersburgh, which could not be, if known to the Senate. Mr. Short goes therefore in the aviso from Philadelphia, to be engaged for September 15th. He is peculiarly distressed by sickness at sea, and of course more so the smaller the vessel. I think, therefore, the occasion justifies the enlargement of our vessel somewhat beyond what might be necessary for a mere aviso. The season, too, by the time of her return, might render it desirable for safety, which circumstance may be mentioned in your instructions to the collector, to prevent his suspicions of the real ground. I salute you with affection and respect.
TO THE SECRETARY OF STATE
Monticello, September 5, 1808.
Dear Sir,—The last post brought me the counter addresses now enclosed. That from Ipswich is signed by about forty persons; the town meeting which voted the petition consisted of thirty. There are 500 voters in the place. The counter address of Boston has 700 signatures. The town meeting voting the petition is said to have consisted of 500. In the draught of an answer enclosed, I have taken the occasion of making some supplementary observations which could not with propriety have been inserted in the answers to the petitions. The object is that the two together may present to our own people the strongest points in favor of the embargo in a short and clear view. An eye is also kept on foreign nations, in some of the observations. Be so good as to make it what it should be, and return it by the first post. * * * * *
I salute you with constant and sincere affection.
TO THE SECRETARY AT WAR
Monticello, September 5, 1808.
Dear Sir,—Yours of August 18th is this moment received, and I forward you a letter of July 16th, from Governor Lewis, from which you will perceive that the cloud between us, the Iowas, Foxes, and Sacs, is cleared up. He says nothing of the Osages; but I presume their enemies have taken advantage of the withdrawing our protection from them. Should you not have issued orders for the 100,000 men, I believe it may rest till we meet in Washington, under present appearances, that they may not be wanting. Mr. Pinckney, in a letter of June 29th, says, "I had a long interview this morning with Mr. Canning, which has given me hopes that the 1object mentioned in your letter of April 30th may be accomplished, if I should authorize the expectation which the same 2letter suggests." He adds that he waits for the St. Michael, when he will give the result and details. He thinks they will also make acceptable satisfaction for the Chesapeake. Proposing to leave this on the 28th, I presume I had better reserve future communications for our meeting at Washington.
I salute you with constant affection and respect.
TO THE SECRETARY OF STATE
Monticello, September 6, 1808.
Dear Sir,—I return you Pinckney's letter, the complexion of which I like. If they repeal their orders, we must repeal our embargo. If they make satisfaction for the Chesapeake, we must revoke our proclamation, and generalize its operation by a law. If they keep up impressments, we must adhere to non-intercourse, manufacturers' and a navigation act. I enclose for your perusal a letter of Mr. Short's. I inform him that any one of the persons he names would be approved, the government never recognizing a difference between the two parties of republicans in Pennsylvania.
* * * * * * * *
I salute you with constant affection.
TO MR. SHORT
Monticello, September 6, 1808.
Dear Sir,—I avail myself of the last moment allowed by the departure of the post to acknowledge the receipt of your letters of the 27th and 31st ult., and to say in answer to the last, that any one of the three persons you there propose would be approved as to their politics, for in appointments to office the government refuses to know any difference between descriptions of republicans, all of whom are in principle, and co-operate, with the government. Biddle we know, and have formed an excellent opinion of him. His travelling and exercise in business must have given him advantages. I am much pleased with the account you give of the sentiments of the federalists of Philadelphia as to the embargo, and that they are not in sentiment with the insurgents of the north. The papers have lately advanced in boldness and flagitiousness beyond even themselves. Such daring and atrocious lies as fill the third and fourth columns of the third page of the United States Gazette of August 31st, were never before, I believe, published with impunity in any country. However, I have from the beginning determined to submit myself as the subject on whom may be proved the impotency of a free press in a country like ours, against those who conduct themselves honestly and enter into no intrigue. I admit at the same time that restraining the press to truth, as the present laws do, is the only way of making it useful. But I have thought necessary first to prove it can never be dangerous. Not knowing whether I shall have another occasion to address you here, be assured that my sincere affections and wishes for your success and happiness accompany you everywhere.
TO THE SECRETARY OF THE TREASURY
Monticello, September 9, 1808.
Dear Sir,—Your two letters of the 2d instant were read yesterday afternoon, and I now return you Penniman's and Gray's papers, and the New Orleans petition. Penniman's conduct deserves marked approbation, and there should be no hesitation about the expenses reasonably incurred. If all these people are convicted, there will be too many to be punished with death. My hope is that they will send me full statements of every man's case, that the most guilty may be marked as examples, and the less so suffer long imprisonment under reprieves from time to time.
Packet between Vermont and Canada
I do not think this is a time for opening new channels of intercourse with Canada, and multiplying the means of smuggling, and am therefore against this proposition.
Mr. Gray's case
His late rational and patriotic conduct would merit any indulgence consistent with our duty; but the reason and the rule against permitting long voyages at present, are insurmountable obstacles. It is to be hoped some circuitous means of sending his proofs can be found. A vessel may go from England as well as from here.
New Orleans Petition
You know I have been averse to letting Atlantic flour go to New Orleans merely that they may have the whitest bread possible. Without honoring the motives of the petition, it gives us the fact that there is western flour enough for the New Orleans market. I would therefore discourage Atlantic cargoes to that place.
I send you the petition of Thomas Beatty for Samuel Glen, of Londonderry, for permission to load a vessel for Ireland. Mr. Beatty met me in the road in one of my daily rides. I gave his paper a hasty perusal, and, asking time for consideration, I told him I would enclose it to you, who would give the answer. On a more deliberate reading of it, I see nothing to exempt it from the general rules, according to which you will be so good as to dispose of it.
The cases from Charleston require consideration, and our regular post gives me, in fact, but one forenoon to answer letters. I will forward them to Mr. Theus by our extra post of the 13th.
I salute you with friendship and respect.
TO SIMEON THEUS, ESQ
Monticello, September 10, 1808.
Sir,—According to the request of Mr. Gallatin's letter, herewith enclosed, I have considered the petitions of Grove, Himely, Everingham, and Ogier & Turner, referred to me by him, and forward you the decisions for your government. They are addressed to yourself directly, to avoid unnecessary delay to the parties, by passing them through him, as regularly they should have been.
Grove's Case
Although the circular of the 1st of July limited no precise day for the departure of vessels under permits, yet in all such cases, a reasonable time only is to be understood, such as using due diligence, will suffice for the object. Such regulations can never be deemed but as temporary, and especially in times when the political circumstances governing them are liable to daily change. The time between the receipt at Charleston, of the circulars of July 1st and August 1st, was from the 19th or 20th of July to the 16th of August,—twenty-seven days; and within this time Mr. Grove states explicitly that he had prepared and cleared out the ship Pierce Manning, for the Havanna, and that she would have sailed before the 16th of August but for adverse winds. Considering, therefore, that the limitation of departure to the 15th of August was not known at Charleston till the 16th, so that not a moment's warning was given of it there, I think that, satisfactory proof being exhibited to the collector, that she was ready for sailing, or even very nearly ready on the 16th of August. She may now be permitted to depart, on condition that she does depart within such time as the state of her preparation, somewhat of course relaxed during the suspension, may in the judgment of the collector render necessary.
The reasons for originally limiting a day, increased by time require the exaction of this condition.
Himeley's Case
This petition has no date; but it imports to have been written on the day of the receipt of the circular of August 1st at Charleston, and consequently on the 16th of August. It affirms that the brig Three Brothers, for Matanzas, then had on board the crew and necessary provisions, and assigns a probable reason why she could not have been ready sooner. For the reasons, and on the conditions stated in Grove's case, (that is to say, on proof of the facts to the collector, and her prompt departure,) she ought to have a permit.
Everingham's Case
I put entirely out of sight, as having no bearing on this case, everything which passed prior to the receipt of the circular of July 1st, and consider the case as beginning de novo then, and under that circular. The petitioner declares expressly that on the publication of that circular, (July 20th,) he used every exertion to prepare the ship Diana for a voyage to the Havanna, and had just prepared her therefor when the circular of August 1st was received. The expression just prepared, is not absolutely definite. It may respect time or degree. It implies, however, that she was very nearly, if not quite, prepared. And if the collector receives satisfactory proof that he was nearly prepared, although she might not be in absolute readiness at the first moment of receiving the warning, and on the conditions stated in Grove's case.
The case of the schooner James is very different. The petitioner only states that he had applied to the collector, and obtained leave prior to August 1st,—had begun to use exertions, &c., and had ordered her to be careened and graved, &c., when the circular of August 1st arrived, to wit, August 16th, twenty-seven days had therefore intervened, and nothing more than an order given to careen. In the other cases we have seen that the twenty-seven days were sufficient to be in a state of actual readiness, even where a part of the loading was to be sent for from another State. No permit, therefore, can be granted in this case.
Ogier & Turner's Case
The petitioners state that Ogier had time, after the receipt of the circular of July 1st, to prepare and despatch one vessel; but that they were only preparing other vessels when the second circular was received, to wit, August 16th, whereupon the collector refused to let them despatch the vessels which they had been preparing as aforesaid. A due diligence then having enabled them to despatch one vessel in the twenty-seven days, a like diligence, had it been used, might have despatched others. But from the tenor of their petition, the preparations of the others seem to have been merely incipient, and not near completion. They have consequently lost the claims on that equity which extends relief against rigorous rules, where due exertions have been used to fulfil them, and have been defeated only by accidental and unavoidable want of notice. They are not entitled to permits in this case.
TO THE SECRETARY OF STATE
Monticello, September 13, 1808.
Dear Sir,—I send you a letter of Short's for perusal, and one of Edgar Patterson, asking what is already I presume provided for, and one of General Armstrong, which I do not well understand, because I do not recollect the particular letter which came by Haley. I presume the counsel he refers to is to take possession of the Floridas. This letter of June 15th is written after the cession by Carlos to Bonaparte of all his dominions, when he supposed England would at once pounce on the Floridas as a prey, or Bonaparte occupy it as a neighbor. His next will be written after the people of Spain will have annihilated the cession, England become the protector of Florida, and Bonaparte without title or means to plant himself there as our neighbor.
Ought I to answer such a petition as that of Rowley? The people have a right to petition, but not to use that right to cover calumniating insinuations.
Turreau writes like Armstrong so much in the buskin, that he cannot give a naked fact in an intelligible form. I do not know what it is he asks for. If a transport or transports to convey sailors, there has been no refusal; and if any delay of answer, I presume it can be explained. If he wishes to buy vessels here, man them with French seamen, and send them elsewhere, the breach of neutrality would be in permitting, not in refusing it. But have we permitted this to England? His remedy is easy in every case. Repeal the decrees. I presume our Fredericksburg rider need not come after his next trip. I salute you affectionately.
