Washington, March 21, 1801.
I am much gratified by the receipt of your favor of the 4th instant, and by the expressions of friendly sentiment it contains. It is pleasant for those who have just escaped threatened shipwreck, to hail one another when landed in unexpected safety. The resistance which our republic has opposed to a course of operation, for which it was not destined, shows a strength of body which affords the most flattering presage of duration. I hope we shall now be permitted to steer her in her natural course, and to show by the smoothness of her motion the skill with which she has been formed for it. I have seen with great grief yourself and so many other venerable patriots, retired and weeping in silence over the rapid subversion of those principles for the attachment of which you had sacrificed the ease and comforts of life; but I rejoice that you have lived to see us revindicate our rights, and regain manfully the ground from which fraud, notforce, had for a moment driven us. The character which our fellow-citizens have displayed on this occasion, gives us everything to hope for the permanence of our government. Its extent has saved us. While some parts were laboring under the paroxysm of delusion, others retained their senses, and time was thus given to the affected parts to recover their health. Your portion of the Union is longest recovering, because the deceivers there wear a more imposing form; but a little more time, and they too will recover. I pray you to present the homage of my great respect to Mrs. Warren. I have long possessed evidences of her high station in the ranks of genius; and have considered her silence as a proof that she did not go with the current. Accept yourself, assurances of my high consideration and respect.
Washington, March 22, 1801.
Dear Sir,—Your favor of February 12th, which did not get to my hands till March 2d, is entitled to my acknowledgments. It was the more agreeable as it proved that the esteem I had entertained for you while we were acting together on the public stage, had not been without reciprocated effect. What wonderful scenes have passed since that time! The late chapter of our history furnishes a lesson to man perfectly new. The times have been awful, but they have proved an useful truth, that the good citizen must never despair of the commonwealth. How many good men abandoned the deck, and gave up the vessel as lost. It furnishes a new proof of the falsehood of Montesquieu's doctrine, that a republic can be preserved only in a small territory. The reverse is the truth. Had our territory been even a third only of what it is, we were gone. But while frenzy and delusion like an epidemic, gained certain parts, the residue remained sound and untouched, and held on till their brethren could recover from the temporary delusion; and that circumstancehas given me great comfort. There was general alarm during the pending of the election in Congress, lest no President should be chosen, the government be dissolved and anarchy ensue. But the cool determination of the really patriotic to call a convention in that case, which might be on the ground in eight weeks, and wind up the machine again which had only run down, pointed out to my mind a perpetual and peaceable resource against * * * * * in whatever extremity might befall us; and I am certain a convention would have commanded immediate and universal obedience. How happy that our army had been disbanded! What might have happened otherwise seems rather a subject of reflection than explanation. You have seen your recommendation of Mr. Willard duly respected. As to yourself, I hope we shall see you again in Congress. Accept assurances of my high respect and attachment.
Washington, March 22, 1801.
My Dear Friend,—Yours of February 1st did not reach me till February 28th, and a pressing business has retarded my acknowledging it. I sincerely thank you for your congratulations on my election; but this is only the first verse of the chapter. What the last may be nobody can tell. A consciousness that I feel no desire but to do what is best, without passion or predilection, encourages me to hope for an indulgent construction of what I do. I had in General Washington's time proposed you as director of the mint, and therefore should the more readily have turned to you, had a vacancy now happened; but that institution continuing at Philadelphia, because the Legislature have not taken up the subject in time to decide on it, it will of course remain there until this time twelvemonths. Should it then be removed, the present Director would probably, and the Treasurer certainly resign. It would give me great pleasure to employ the talents and integrity of Dr. Foster, in the latter office.
I am very much in hopes we shall be able to restore union to our country. Not indeed that the federal leaders can be brought over. They are invincibles; but I really hope their followers may. The bulk of these last were real republicans, carried over from us by French excesses. This induced me to offer a political creed, and to invite to conciliation first; and I am pleased to hear, that these principles are recognized by them, and considered as no bar of separation. A moderate conduct throughout, which may not revolt our new friends, and which may give them tenets with us, must be observed.
* * * * * * * *
Present my respects to Mrs. Page, and accept evidences of my constant and affectionate esteem.
Washington, March 23, 1801.
Gentlemen,—The reliance is most flattering to me which you are pleased to express in the character of my public conduct, as is the expectation with which you look forward to the inviolable preservation of our national Constitution, deservedly the boast of our country. That peace, safety, and concord may be the portion of our native land, and be long enjoyed by our fellow-citizens, is the most ardent wish of my heart, and if I can be instrumental in procuring or preserving them, I shall think I have not lived in vain. In every country where man is free to think and to speak, differences of opinion will arise from difference of perception, and the imperfection of reason; but these differences, when permitted, as in this happy country, to purify themselves by free discussion, are but as passing clouds overspreading our land transiently, and leaving our horizon more bright and serene. That love of order and obedience to the laws, which so remarkably characterize the citizens of the United States, are sure pledges of internal tranquillity; and the elective franchise, ifguarded as the act of our safety, will peaceably dissipate all combinations to subvert a Constitution dictated by the wisdom, and resting on the will of the people. That will is the only legitimate foundation of any government, and to protect its free expression should be our first object. I offer my sincere prayers to the Supreme ruler of the Universe, that he may long preserve our country in freedom and prosperity, and to yourselves, Gentlemen, and the citizens of Columbia and its vicinity, the assurances of my profound consideration and respect.
Washington, March 23, 1801.
Dear Sir,—I have to acknowledge the receipt of your favor of the 3d instant, and to thank you for the friendly expressions it contains. I entertain real hope that the whole body of your fellow citizens (many of whom had been carried away by the X. Y. Z. business) will shortly be consolidated in the same sentiments. When they examine the real principles of both parties, I think they will find little to differ about. I know, indeed, that there are some of their leaders who have so committed themselves, that pride, if no other passion, will prevent their coalescing. We must be easy with them. The eastern States will be the last to come over, on account of the dominion of the clergy, who had got a smell of union between Church and State, and began to indulge reveries which can never be realized in the present state of science. If, indeed, they could have prevailed on us to view all advances in science as dangerous innovations, and to look back to the opinions and practices of our forefathers, instead of looking forward, for improvement, a promising groundwork would have been laid. But I am in hopes their good sense will dictate to them, that since the mountain will not come to them, they had better go to the mountain; that they will find their interest in acquiescing in the liberty and science of theircountry, and that the Christian religion, when divested of the rags in which they have enveloped it, and brought to the original purity and simplicity of its benevolent institutor, is a religion of all others most friendly to liberty, science, and the freest expansion of the human mind.
I sincerely wish with you, we could see our government so secured as to depend less on the character of the person in whose hands it is trusted. Bad men will sometimes get in, and with such an immense patronage, may make great progress in corrupting the public mind and principles. This is a subject with which wisdom and patriotism should be occupied.
I pray you to accept assurances of my high respect and esteem.
Washington, March 23, 1801.
Dear Sir,—I received two days ago your favor of the 16th, and thank you for your kind felicitations on my election; but whether it will be a subject of felicitation, permanently, will be for the chapters of future history to say. The important subjects of the government I meet with some degree of courage and confidence, because I do believe the talents to be associated with me, the honest line of conduct we will religiously pursue at home and abroad, and the confidence of my fellow citizens dawning on us, will be equal to these objects.
But there is another branch of duty which I must meet with courage too, though I cannot without pain; that is, the appointments and disappointments as to offices. Madison and Gallatin being still absent, we have not yet decided on our rules of conduct as to these. That some ought to be removed from office, and that all ought not, all mankind will agree. But where to draw the line, perhaps no two will agree. Consequently, nothing like a general approbation on this subject can be looked for. Some principles have been the subject of conversation, but notof determination;e. g.1, all appointments tocivilofficesduring pleasure, made after the event of the election was certainly known to Mr. Adams, are considered as nullities. I do not view the persons appointed as even candidates for the office, but make others without noticing or notifying them. Mr. Adams' best friends have agreed this is right. 2. Officers who have been guilty ofofficialmal-conduct are proper subjects of removal. 3. Good men, to whom there is no objection but a difference of political principle, practised on only as far as the right of a private citizen will justify, are not proper subjects of removal, except in the case of attorneys and marshals. The courts being so decidedly federal and irremovable, it is believed that republican attorneys and marshals, being the doors of entrance into the courts, are indispensably necessary as a shield to the republican part of our fellow citizens, which, I believe, is the main body of the people.
These principles are yet to be considered of, and I sketch them to you in confidence. Not that there is objection to your mooting them as subjects of conversation, and as proceeding from yourself, but not as matters of executive determination. Nay, farther, I will thank you for your own sentiments and those of others on them. If received before the 20th of April, they will be in time for our deliberation on the subject. You know that it was in the year X. Y. Z. that so great a transition from us to the other side took place, and with as real republicans as we were ourselves; that these, after getting over that delusion, have been returning to us, and that it is to that return we owe a triumph in 1800, which in 1799 would have been the other way. The week's suspension of the election before Congress, seems almost to have completed that business, and to have brought over nearly the whole remaining mass. They now find themselves with us, and separated from their quondam leaders. If we can but avoid shocking their feelings by unnecessary acts of severity against their late friends, they will in a little time cement and form one mass with us, and by these means harmony and union be restored to our country, which would be the greatest good wecould effect. It was a conviction that these people did not differ from us in principle, which induced me to define the principles which I deemed orthodox, and to urge a reunion on those principles; and I am induced to hope it has conciliated many. I do not speak of the desperadoes of the quondam faction in and out of Congress. These I consider as incurables, on whom all attentions would be lost, and therefore will not be wasted. But my wish is, to keep their flock from returning to them.
On the subject of the marshal of Virginia, I refer you confidentially to Major Egglestone for information. I leave this about this day se'nnight, to make some arrangements at home preparatory to my final removal to this place, from which I shall be absent about three weeks.
Accept assurances of my constant esteem and high consideration and respect.
Washington, March 24, 1801
Dear Sir,—I have to acknowledge the receipt of your friendly favor of the 12th, and the pleasing sensations produced in my mind by its affectionate contents. I am made very happy by learning that the sentiments expressed in my inaugural address gave general satisfaction, and holds out a ground on which our fellow citizens can once more unite. I am the more pleased, because these sentiments have been long and radically mine, and therefore will be pursued honestly and conscientiously. I know there is an obstacle which very possibly may check the confidence which would otherwise have been more generally reposed in my observance of these principles. This obstacle does not arise from the measures to be pursued, as to which I am in no fear of giving satisfaction, but from appointments and disappointments as to office. With regard to appointments, I have so much confidence in the justice and good sense of the federalists, that I have no doubt they will concur in the fairness of the position,that after they have been in the exclusive possession of all offices from the very first origin of party among us, to the 3d of March, at 9 o'clock in the night, no republican ever admitted, and this doctrine newly avowed, it is now perfectly just that the republicans should come in for the vacancies which may fall in, until something like an equilibrium in office be restored. But the great stumbling block will be removals, which though made on those just principles only on which my predecessor ought to have removed the same persons, will nevertheless be ascribed to removal on party principles. 1st. I will expunge the effects of Mr. A.'s indecent conduct, in crowding nominations after he knew they were not for himself, till 9 o'clock of the night, at 12 o'clock of which he was to go out of office. So far as they are during pleasure, I shall not consider the persons named, even as candidates for the office, nor pay the respect of notifying them that I consider what was done as a nullity. 2d. Some removals must be made for misconduct. One of these is of the marshal in your city, who being an officer of justice, intrusted with the function of choosing impartial judges for the trial of his fellow citizens, placed at the awful tribunal of God and their country, selected judges who either avowed, or were known to him to be predetermined to condemn; and if the lives of the unfortunate persons were not cut short by the sword of the law, it was not for want ofhisgood-will. In another State I have to perform the same act of justice on the dearest connection of my dearest friend, for similar conduct, in a case not capital. The same practice of packing juries, and prosecuting their fellow citizens with the bitterness of party hatred, will probably involve several other marshals and attorneys. Out of this line I see but very few instances where past misconduct has been in a degree to call for notice. Of the thousands of officers therefore, in the United States, a very few individuals only, probably not twenty, will be removed; and these only for doing what they ought not to have done. Two or three instances indeed where Mr. A. removed men because they would not sign addresses, &c., to him, will be rectified—the persons restored. The whole world willsay this is just. I know that in stopping thus short in the career of removal, I shall give great offence to many of my friends. That torrent has been pressing me heavily, and will require all my force to bear up against; but my maxim is"fiat justitia, ruat cælum."After the first unfavorable impressions of doing too much in the opinion of some, and too little in that of others, shall be got over, I should hope a steady line of conciliation very practicable, and that without yielding a single republican principle. A certainty that these principles prevailed in the breasts of the main body of federalists, was my motive for stating them as the ground of reunion. I have said thus much for your private satisfaction, to be used even in private conversation, as the presumptive principles on which we shall act, but not as proceeding from myself declaredly. Information lately received from France gives a high idea of the progress of science there; it seems to keep pace with their * * * * *. I have[15]just received from the A. P. Society, two volumes of Comparative Anatomy, by Cuvier, probably the greatest work in that line that has ever appeared. His comparisons embrace every organ of the animal carcass; and from man to the * * * * *. Accept assurances of my sincere friendship, and high consideration and respect.
Washington, March 26, 1801.
Dear Sir,—The Secretary of State is proceeding in the consideration of the several matters which have been proposed to us by you, and will prepare answers to them, and particularly as to our vessels taken by French cruisers, and carried into the ports of Spain, contrary, as we suppose, to the tenor of the convention with France. Though ordinary business will be regularly transacted with you by the Secretary of State, yet considering what you mentioned as to our minister at Madrid to have been private and confidential, I take it out of the official course, and observeto you myself that under an intimate conviction of long standing in my mind, of the importance of an honest friendship with Spain, and one which shall identify her American interests with our own, I see in a strong point of view the necessity that the organ of communication which we establish near the King should possess the favor and confidence of that government. I have therefore destined for that mission a person whose accommodating and reasonable conduct, which will be still more fortified by instructions, will render him agreeable there, and an useful channel of communication between us. I have no doubt the new appointment by that government to this, in the room of the Chevalier d'Yrujo, has been made under the influence of the same motives; but still, the Chevalier d'Yrujo being intimately known to us, the integrity, sincerity, and reasonableness of his conduct having established in us a perfect confidence, in nowise diminished by the bickerings which took place between him and a former Secretary of State, whose irritable temper drew on more than one affair of the same kind, it will be a subject of regret if we lose him. However, if the interests of Spain require that his services should be employed elsewhere, it is the duty of a friend to acquiesce; and we shall certainly receive any successor the King may choose to send, with every possible degree of favor and friendship. Our administration will not be collected till the end of the ensuing month; and consequently, till then, no other of the mutual interests of the two nations will be under our views, except those general assurances of friendship which I have before given you verbally, and now repeat. Accept, I pray you, assurances of my high consideration and respect.
Washington, March 27, 1801.
Dear Sir,—I received with great pleasure your favor of the 16th, and it is with the greatest satisfaction I learn from all quarters that my inaugural address is considered as holding outa ground for conciliation and union. I am the more pleased with this, because the opinion therein stated as to the real ground of difference among us (to wit: the measures rendered most expedient by French enormities), is that which I have long entertained. I was always satisfied that the great body of those called federalists were real republicans as well as federalists. I know, indeed, there are monarchists among us. One character of these is in theory only, and perfectly acquiescent in our form of government as it is, and not entertaining a thought of destroying it merely on their theoretical opinions. A second class, at the head of which is our quondam colleague, are ardent for introduction of monarchy, eager for armies, making more noise for a great naval establishment than better patriots, who wish it on a rational scale only, commensurate to our wants and our means. This last class ought to be tolerated, but not trusted. Believing that (excepting the ardent monarchists) all our citizens agreed in ancient whig principles, I thought it advisable to define and declare them, and let them see the ground on which we could rally. And the fact proving to be so, that they agree in these principles, I shall pursue them with more encouragement. I am aware that the necessity of a few removals for legal oppressions, delinquencies, and other official malversations, may be misconstrued as done for political opinions, and produce hesitation in the coalition so much to be desired; but the extent of these will be too limited to make permanent impressions. In the class of removals, however, I do not rank the new appointments which Mr. A. crowded in with whip and spur from the 12th of December, when the event of the election was known, and, consequently, that he was making appointments, not for himself, but his successor, until 9 o'clock of the night, at 12 o'clock of which he was to go out of office. This outrage on decency should not have its effect, except in the life appointments which are irremovable; but as to the others I consider the nominations as nullities, and will not view the persons appointed as even candidates fortheiroffice, much less as possessing it by any title meriting respect. I mention these things that the grounds and extent of the removalsmay be understood, and may not disturb the tendency to union. Indeed that union is already effected, from New York southwardly, almost completely. In the New England States it will be slower than elsewhere, from particular circumstances better known to yourself than me. But we will go on attending with the utmost solicitude to their interests, doing them impartial justice, and I have no doubt they will in time do justice to us. I have opened myself frankly, because I wish to be understood by those who mean well, and are disposed to be just towards me, as you are, and because I know you will use it for good purposes only, and for none unfriendly to me. I leave this place in a few days to make a short excursion home, but some domestic arrangements are necessary previous to my final removal here, which will be about the latter end of April. Be so good as to present my respects to Mrs. Knox, and accept yourself assurances of my high consideration and esteem.
Washington. March 27, 1801.
Gentlemen,—I return my sincere thanks for your kind congratulations on my elevation to the first magistracy of the United States. I see with pleasure every evidence of the attachment of my fellow citizens to elective government, calculated to promote their happiness, peculiarly adapted to their genius, habits, and situation, and the best permanent corrective of the errors or abuses of those interests with power. The Constitution on which our union rests, shall be administered by me according to the safe and honest meaning contemplated by the plain understanding of the people of the United States, at the time of its adoption,—a meaning to be found in the explanations of those who advocated, not those who opposed it, and who opposed it merely least the constructions should be applied which they denounced as possible. These explanations are preserved in thepublications of the time, and are too recent in the memories of most men to admit of question. The energies of the nation, as depends on me, shall be reserved for improvement of the condition of man, not wasted in his distinction. The lamentable resource of war is not authorized for evils of imagination, but for those actual injuries only, which would be more destructive of our well-being than war itself. Peace, justice, and liberal intercourse with all the nations of the world, will, I hope, with all nations, characterize this commonwealth. Accept for yourselves, gentlemen, and the respectable citizens of the town of Providence, assurances of my high consideration and respect.
Washington, March 27, 1801.
Dear Sir,—I have to acknowledge the receipt of yours of March 4th, and to express to you the delight with which I found the just, disinterested, and honorable point of view in which you saw the proposition it covered. The resolution you so properly approved had long been formed in my mind. The public will never be made to believe that an appointment of a relative is made on the ground of merit alone, uninfluenced by family views; nor can they ever see with approbation offices, the disposal of which they entrust to their Presidents for public purposes, divided out as family property. Mr. Adams degraded himself infinitely by his conduct on this subject, as General Washington had done himself the greatest honor. With two such examples to proceed by, I should be doubly inexcusable to err. It is true that this places the relations of the President in a worse situation than if he were a stranger, but the public good, which cannot be affected if its confidence be lost, requires this sacrifice. Perhaps, too, it is compensated by sharing in the public esteem. I could not be satisfied till I assured you of the increased esteem with which this transaction fills me for you. Accept my affectionate expressions of it.
Washington, March 29, 1801.
I addressed a letter to you, my very dear and ancient friend, on the 4th of March: not indeed to you by name, but through the medium of some of my fellow citizens, whom occasion called on me to address. In meditating the matter of that address, I often asked myself, is this exactly in the spirit of the patriarch, Samuel Adams? Is it as he would express it? Will he approve of it? I have felt a great deal for our country in the times we have seen. But individually for no one so much as yourself. When I have been told that you were avoided, insulted, frowned on, I could but ejaculate, 'Father, forgive them, for they know not what they do.' I confess I felt an indignation for you, which for myself I have been able, under every trial, to keep entirely passive. However, the storm is over, and we are in port. The ship was not rigged for the service she was put on. We will show the smoothness of her motions on her republican tack. I hope we shall once more see harmony restored among our citizens, and an entire oblivion of past feuds. Some of the leaders who have most committed themselves cannot come into this. But I hope the great body of our fellow citizens will do it. I will sacrifice everything but principle to procure it. A few examples of justice on officers who have perverted their functions to the oppression of their fellow citizens, must, in justice to those citizens, be made. But opinion, and the just maintenance of it, shall never be a crime in my view: nor bring injury on the individual. Those whose misconduct in office ought to have produced their removal even by my predecessor, must not be protected by the delicacy due only to honest men. How much I lament that time has deprived me of your aid. It would have been a day of glory which should have called you to the first office of the administration. But give us your counsel my friend, and give us your blessing; and be assured that there exists not in the heart of man a more faithful esteem than mine to you, and that I shall ever bear you the most affectionate veneration and respect.
Washington, March 29, 1801.
My Dear Sir,—Your two letters of January the 15th and February the 24th, came safely to hand, and I thank you for the history of a transaction which will ever be interesting in our affairs. It has been very precisely as I had imagined. I thought, on your return, that if you had come forward boldly, and appealed to the public by a full statement, it would have had a great effect in your favor personally, and that of the republican cause then oppressed almost unto death. But I judged from a tact of the southern pulse. I suspect that of the north was different and decided your conduct; and perhaps it has been as well. If the revolution of sentiment has been later, it has perhaps been not less sure. At length it has arrived. What with the natural current of opinion which has been setting over to us for eighteen months, and the immense impetus which was given it from the 11th to the 17th of February, we may now say that the United States from New York southwardly, are as unanimous in the principles of '76, as they were in '76. The only difference is, that the leaders who remain behind are more numerous and bolder than the apostles of toryism in '76. The reason is, that we are now justly more tolerant than we could safely have been then, circumstanced as we were. Your part of the Union though as absolutely republican as ours, had drunk deeper of the delusion, and is therefore slower in recovering from it. The ægis of government, and the temples of religion and of justice, have all been prostituted there to toll us back to the times when we burnt witches. But your people will rise again. They will awake like Sampson from his sleep, and carry away the gates and posts of the city. You, my friend, are destined to rally them again under their former banner, and when called to the post, exercise it with firmness and with inflexible adherence to your own principles. The people will support you, notwithstanding the howlings of the ravenous crew from whose jaws they are escaping. It will be a great blessing to our country ifwe can once more restore harmony and social love among its citizens. I confess, as to myself, it is almost the first object of my heart, and one to which I would sacrifice everything but principle. With the people I have hopes of effecting it. But their Coryphæi are incurables. I expect little from them.
I was not deluded by the eulogiums of the public papers in the first moments of change. If they could have continued to get all the loaves and fishes, that is, if I would have gone over to them, they would continue to eulogise. But I well knew that the moment that such removals should take place, as the justice of the preceding administration ought to have executed, their hue and cry would be set up, and they would take their old stand. I shall disregard that also. Mr. Adams' last appointments, when he knew he was naming counsellors and aids for me and not for himself, I set aside as far as depends on me. Officers who have been guilty of gross abuses of office, such as marshals packing juries, &c., I shall now remove, as my predecessor ought in justice to have done. The instances will be few, and governed by strict rule, and not party passion. The right of opinion shall suffer no invasion from me. Those who have acted well have nothing to fear, however they may have differed from me in opinion: those who have done ill, however, have nothing to hope; nor shall I fail to do justice lest it should be ascribed to that difference of opinion. A coalition of sentiments is not for the interest of the printers. They, like the clergy, live by the zeal they can kindle, and the schisms they can create. It is contest of opinion in politics as well as religion which makes us take great interest in them, and bestow our money liberally on those who furnish aliment to our appetite. The mild and simple principles of the Christian philosophy would produce too much calm, too much regularity of good, to extract from its disciples a support from a numerous priesthood, were they not to sophisticate it, ramify it, split it into hairs, and twist its texts till they cover the divine morality of its author with mysteries, and require a priesthood to explain them. The Quakers seem to have discovered this. They have no priests, therefore no schisms.They judge of the text by the dictates of common sense and common morality. So the printers can never leave us in a state of perfect rest and union of opinion. They would be no longer useful, and would have to go to the plough. In the first moments of quietude which have succeeded the election, they seem to have aroused their lying faculties beyond their ordinary state, to re-agitate the public mind. What appointments to office have they detailed which had never been thought of, merely to found a text for their calumniating commentaries. However, the steady character of our countrymen is a rock to which we may safely moor; and notwithstanding the efforts of the papers to disseminate early discontents, I expect that a just, dispassionate and steady conduct, will at length rally to a proper system the great body of our country. Unequivocal in principle, reasonable in manner, we shall be able I hope to do a great deal of good to the cause of freedom and harmony. I shall be happy to hear from you often, to know your own sentiments and those of others on the course of things, and to concur with you in efforts for the common good. Your letters through the post will not come safely. Present my best respects to Mrs. Gerry, and accept yourself assurances of my constant esteem and high consideration.
Washington, March 31, 1801.
Dear Sir,—I was already almost in the act of mounting my horse for a short excursion home, when your favor of the 14th was put into my hands. I stop barely to acknowledge it, and to thank you for your kind congratulations, and still more for your interesting observations on the course of things. I am sensible how far I should fall short of effecting all the reformation which reason would suggest, and experience approve, were I free to do whatever I thought best; but when we reflect how difficult it is to move or inflect the great machine of society, how impossibleto advance the notions of a whole people suddenly to ideal right, we see the wisdom of Solon's remark, that no more good must be attempted than the nation can bear, and that all will be chiefly to reform the waste of public money, and thus drive away the vultures who prey upon it, and improve some little on old routines. Some new fences for securing constitutional rights may, with the aid of a good legislature, perhaps be attainable. I am going home for three weeks, to make some final arrangements there for my removal hither. Mr. Madison and Mr. Gallatin will be here by the last of the month. Dearborne and Lincoln remain here; and General Smith entered yesterday on the naval department, but onlypro tempore, and to give me time to look for what cannot be obtained—a prominent officer, equal and willing to undertake the duties. Accept assurances of my constant and affectionate respect.
Monticello, April 8, 1801.
Dear Sir,—I arrived here on the 4th, and expect to stay a fortnight, in order to make some arrangements preparatory to my final removal to Washington. You know that the last Congress established a Western judiciary district in Virginia, comprehending chiefly the Western counties. Mr. Adams, who continued filling all the offices till nine o'clock of the night, at twelve of which he was to go out of office himself, took care to appoint for this district also. The judge, of course, stands till the law shall be repealed, which we trust will be at the next Congress. But as to all others, I made it immediately known that I should consider them as nullities, and appoint others, as I think I have a preferable right to name agents for my own administration, at least to the vacancies falling after it was known that Mr. Adams was not naming for himself. Consequently, we want an attorney and marshal for the Western district. I have thought of Mr.Coalter, but I am told he has a clerkship incompatible with it by our laws. I thought also of Hugh Holmes; but I fear he is so far off, he would not attend the court, which is to be in Rockbridge, I believe. This is the extent of my personal knowledge. Pray recommend one to me, as also a marshal; and let them be the most respectable and unexceptionable possible, and especially let them be republicans. The only shield for our republican citizens against the federalism of the courts is to have the attorneys and marshals republicans. There is nothing I am so anxious about as good nominations, conscious that the merit as well as reputation of an administration depends as much on that as on its measures.
Accept assurances of my constant esteem and high consideration and respect.
Washington, May 2, 1801.
Sir,—The satisfaction which, in the name of the foreigners residing in Beaver County, you are pleased to express in my appointment to the Presidency of the United States, the expectations you form of the character of my administration, and your kind wishes for my happiness, demand my sincere thanks. Born in other countries, yet believing you could be happy in this, our laws acknowledge, as they should do, your right to join us in society, conforming, as I doubt not you will do, to our established rules. That these rules shall be as equal as prudential considerations will admit, will certainly be the aim of our legislatures, general and particular. To unequal privileges among members of the same society the spirit of our nation is, with one accord, adverse. If theunexamplestate of the world has in any instance occasioned among us temporary departures from the system of equal rule, the restoration of tranquillity will doubtless produce reconsideration; and your own knowledge of the liberal conduct heretofore observed towards strangers settling among us willwarrant the belief that what is right will be done. Accept a reciprocation of wishes for your present and future welfare, and assurances of my high consideration and respect.
Washington, May 3, 1801.
Dear Sir,—I wrote you on the 29th of March. Yours of the 25th of that month, with the address it covered, had not reached this place on the 1st of April, when I set out on a short visit to my residence in Virginia, where some arrangements were necessary previous to my settlement here. In fact, your letter came to me at Monticello only the 24th of April, two days before my departure from thence. This, I hope, will sufficiently apologize for the delay of the answer, which those unapprised of these circumstances will have thought extraordinary.
A new subject of congratulation has arisen. I mean the regeneration of Rhode Island. I hope it is the beginning of that resurrection of the genuine spirit of New England which rises for life eternal. According to natural order, Vermont will emerge next, because least, after Rhode Island, under the yoke of hierocracy. I have never dreamed that all opposition was to cease. The clergy, who have missed their union with the State, the Anglomen, who have missed their union with England, and the political adventurers, who have lost the chance of swindling and plunder in the waste of public money, will never cease to bawl, on the breaking up of their sanctuary. But among the people, the schism is healed, and with tender treatment the wound will not re-open. Their quondam leaders have been astounded with the suddenness of the desertion; and their silence and appearance of acquiescence have proceeded not from a thought of joining us, but the uncertainty what ground to take. The very first acts of the administration, the nominations, have accordingly furnished something to yelp on; and all our subsequent acts will furnishthem fresh matter, because there is nothing against which human ingenuity will not be able to find something to say.
Accept assurances of my sincere attachment and high respect.
Washington, May 14, 1801.
Dear Sir,—Your favors of April the 20th and 23d had been received, and the commission made out for Mr. Potts, before I received the letter of the 1st instant. I have still thought it better to forward the commission, in the hope that reconsideration, or the influence of yourself and friends, might induce an acceptance of it. Should it be otherwise, you must recommend some other good person, as I had rather be guided by your opinion than that of the person you refer me to. Perhaps Mr. Potts may be willing to stop the gap till you meet and repeal the law. If he does not, let me receive a recommendation from you as quickly as possible. And in all cases, when an office becomes vacant in your State, as the distance would occasion a great delay were you to wait to be regularly consulted, I shall be much obliged to you to recommend the best characters. There is nothing I am so anxious about as making the best possible appointments, and no case in which the best men are more liable to mislead us, by yielding to the solicitations of applicants. For this reason your own spontaneous recommendation would be desirable. Now to answer your particulars,seriatim,—
Levees are done away.
The first communication to the next Congress will be, like all subsequent ones, by message, to which no answer will be expected.
The diplomatic establishment in Europe will be reduced to three ministers.
The compensations to collectors depend on you, and not on
The army is undergoing a chaste reformation.
The navy will be reduced to the legal establishment by the last of this month.
Agencies in every department will be revised.
We shall push you to the uttermost in economising.
A very early recommendation had been given to the Post Master General to employ no printer, foreigner, or revolutionary tory in any of his offices. This department is still untouched.
The arrival of Mr. Gallatin yesterday, completed the organization of our administration.
Accept assurances of my sincere esteem and high respect.
Washington, May 26, 1801.
I return my grateful thanks to the General Assembly of the State of Rhode Island and Providence Plantations, for the congratulations which, on behalf of themselves and their constituents, they have been pleased to express on my election to the Chief Magistracy of the United States; and I learn with pleasure their approbation of the principles declared by me on that occasion; principles which flowed sincerely from the heart and judgment, and which, with sincerity, will be pursued. While acting on them, I ask only to be judged with truth and candor.
To preserve the peace of our fellow citizens, promote their prosperity and happiness, reunite opinion, cultivate a spirit of candor, moderation, charity, and forbearance towards one another, are objects calling for the efforts and sacrifices of every good man and patriot. Our religion enjoins it; our happiness demands it; and no sacrifice is requisite but of passions hostile to both.
It is a momentous truth, and happily of universal impression on the public mind, that our safety rests on the preservation ofour Union. Our citizens have wisely formed themselves into one nation as to others, and several States as among themselves. To the united nation belongs our external and mutual relations, to each State severally the care of our persons, our property, our reputation, and religious freedom. This wise distribution, if carefully preserved, will prove, I trust from example, that while smaller governments are better adapted to the ordinary objects of society, larger confederations more effectually secure independence and the preservation of republican government.
I am sensible of the great interest which your State justly feels in the prosperity of commerce. It is of vital interest also to States more agricultural, whose produce, without commerce, could not be exchanged. As the handmaid of agriculture therefore, commerce will be cherished by me both from principle and duty.
Accept, I beseech you, for the General Assembly of the State of Rhode Island and Providence Plantations, the homage of my high consideration and respect, and I pray God to have them always in his safe and holy keeping.
Washington, July 11, 1801.
Dear Sir,—Your favor of the 15th came to hand on the 25th of June, and conveyed a great deal of that information which I am anxious to receive. The consolidation of our fellow citizens in general is the great object we ought to keep in view, and that being once obtained, while we associate with us in affairs, to a certain degree, the federal sect of republicans, we must strip of all the means of influence the Essex junto, and their associate monocrats in every part of the Union. The former differ from us only in the shades of power to be given to the executive, being, with us, attached to republican government. The latter wish to sap the republic by fraud, if they cannot destroyit by force, and to erect an English monarchy in its place; some of them (as Mr. Adams) thinking its corrupt parts should be cleansed away, others (as Hamilton) thinking that would make it an impracticable machine. We are proceeding gradually in the regeneration of offices, and introducing republicans to some share in them. I do not know that it will be pushed further than was settled before you went away, except as to Essex men. I must ask you to make out a list of those in office in yours and the neighboring States, and to furnish me with it. There is little of this spirit south of the Hudson. I understand that Jackson is a very determined one, though in private life amiable and honorable. But amiable monarchists are not safe subjects of republican confidence. What will be the effect of his removal? How should it be timed? Who his successor? What place can General Lyman properly occupy? Our gradual reformations seem to produce good effects everywhere except in Connecticut. Their late session of legislature has been more intolerant than all others. We must meet them with equal intolerance. When they will give a share in the State offices, they shall be replaced in a share of the General offices. Till then we must follow their example. Mr. Goodrich's removal has produced a bitterremonstrance, with much personality against the two Bishops. I am sincerely sorry to see the inflexibility of thefederalspirit there, for I cannot believe they areall monarchists.
I observe your tory papers make much of the Berceau. As that is one of the subjects to be laid before Congress, it is material to commit to writing, while fresh in memory, the important circumstances. You possess more of these than any other person. I pray you, therefore, immediately to state to me all the circumstances you recollect. I will aid you with the following hints, which you can correct and incorporate. Pichon, I think, arrived about the 12th of March. I do not remember when he first proposed the question about the Insurgente and Berceau. On the 20th of March, Mr. Stoddart wrote to his agent at Boston to put the Berceau into handsome order to berestored, but whether he did that of his own accord, or after previous consultation with you or myself, I do not recollect. I set out for Monticello April the 1st. About that time General Smith sent new directions to put her precisely into the state in which she was before the capture. Do you recollect from what fund it was contemplated to do this? I had trusted for this to Stoddart, who was familiar with all the funds, being myself entirely new in office at that time. What will those repairs have cost? Did we not leave to Le Tombe to make what allowance he thought proper to the officers, we only advancing money on his undertaking repayment? I shall hope to receive from you as full a statement as you can make. It may be useful to inquire into the time and circumstances of her being dismantled. When you shall have retraced the whole matter in your memory, would it not be well to make a summary statement of the important circumstances for insertion in the Chronicle, in order to set the minds of the candid part of the public to rights? Mr. Madison has had a slight bilious attack. I am advising him to get off by the middle of this month. We who have stronger constitutions shall stay to the end of it. But during August and September, we also must take refuge in climates rendered safer by our habits and confidence. The post will be so arranged as that letters will go hence to Monticello, and the answer return here in a week. I hope I shall continue to hear from you there.
Accept assurances of my affectionate esteem and high respect.
P. S. The French convention was laid before the Senate December the 16th. I think the Berceau arrived afterwards. If so, she was dismantled, when it was known she was to be restored. When did she arrive? By whose orders was she dismantled?
Washington, July 11, 1801.
Dear Sir,—As to the mode of correspondence between the general and particular executives, I do not think myself a good judge. Not because my position gives me any prejudice on the occasion; for if it be possible to be certainly conscious of anything, I am conscious of feeling no difference between writing to the highest and lowest being on earth; but because I have ever thought that forms should yield to whatever should facilitate business. Comparing the two governments together, it is observable that in all those cases where the independent or reserved rights of the States are in question, the two executives, if they are to act together, must be exactly co-ordinate; they are, in these cases, each the supreme head of an independent government. In other cases, to wit, those transferred by the Constitution to the General Government, the general executive is certainly pre-ordinate;e. g.in a question respecting the militia, and others easily to be recollected. Were there, therefore, to be a stiff adherence to etiquette, I should say that in the former cases the correspondence should be between the two heads, and that in the latter, the Governor must be subject to receive orders from the war department as any other subordinate officer would. And were it observed that either party set up unjustifiable pretensions, perhaps the other might be right in opposing them by a tenaciousness of his own rigorous rights. But I think the practice in General Washington's administration was most friendly to business, and was absolutely equal; sometimes he wrote to the Governors, and sometimes the heads of departments wrote. If a letter is to be on a general subject, I see no reason why the President should not write; but if it is to go into details, these being known only to the head of the department, it is better he should write directly. Otherwise, the correspondence must involve circuities. If this be practised promiscuously in both classes of cases, each party setting examples of neglecting etiquette, both will stand on equal ground,and convenience alone will dictate through whom any particular communication is to be made. On the whole, I think a free correspondence best, and shall never hesitate to write myself to the Governors, in every federal case, where the occasion presents itself to me particularly. Accept assurances of my sincere and constant affection and respect.
Washington, July 12, 1801.
Gentlemen,—I have received the remonstrance you were pleased to address to me, on the appointment of Samuel Bishop to the office of collector of New Haven, lately vacated by the death of David Austin. The right of our fellow citizens to represent to the public functionaries their opinion on proceedings interesting to them, is unquestionably a constitutional right, often useful, sometimes necessary, and will always be respectfully acknowledged by me.
Of the various executive duties, no one excites more anxious concern than that of placing the interests of our fellow citizens in the hands of honest men, with understandings sufficient for their stations. No duty, at the same time, is more difficult to fulfil. The knowledge of characters possessed by a single individual is, of necessity, limited. To seek out the best through the whole Union, we must resort to other information, which, from the best of men, acting disinterestedly and with the purest motives, is sometimes incorrect. In the case of Samuel Bishop, however, the subject of your remonstrance, time was taken, information was sought, and such obtained as could leave no room for doubt of his fitness. From private sources it was learned that his understanding was sound, his integrity pure, his character unstained. And the offices confided to him within his own State, are public evidences of the estimation in which he isheld by the State in general, and the city and township particularly in which he lives. He is said to be the town clerk, a justice of the peace, mayor of the city of New Haven, an office held at the will of the legislature, chief judge of the court of common pleas for New Haven county, a court of high criminal and civil jurisdiction wherein most causes are decided without the right of appeal or review, and sole judge of the court of probates, wherein he singly decides all questions of wills, settlement of estates, testate and intestate, appoints guardians, settles their accounts, and in fact has under his jurisdiction and care all the property real and personal of persons dying. The two last offices, in the annual gift of the legislature, were given to him in May last. Is it possible that the man to whom the legislature of Connecticut has so recently committed trusts of such difficulty and magnitude, is 'unfit to be the collector of the district of New Haven,' though acknowledged in the same writing, to have obtained all this confidence 'by a long life of usefulness?' It is objected, indeed, in the remonstrance, that he is seventy-seven years of age; but at a much more advanced age, our Franklin was the ornament of human nature. He may not be able to perform in person, all the details of his office; but if he gives us the benefit of his understanding, his integrity, his watchfulness, and takes care that all the details are well performed by himself or his necessary assistants, all public purposes will be answered. The remonstrance, indeed, does not allege that the officehas beenilly conducted, but only apprehends that itwill beso. Should this happen in event, be assured I will do in it what shall be just and necessary for the public service. In the meantime, he should be tried without being prejudged.
The removal, as it is called, of Mr. Goodrich, forms another subject of complaint. Declarations by myself in favor ofpolitical tolerance, exhortations toharmonyand affection in social intercourse, and to respect for theequal rightsof the minority, have, on certain occasions, been quoted and misconstrued into assurances that the tenure of offices was to be undisturbed. But could candor apply such a construction? It is not indeed in theremonstrance that we find it; but it leads to the explanations which that calls for. When it is considered, that during the late administration, those who were not of a particular sect of politics were excluded from all office; when, by a steady pursuit of this measure, nearly the whole offices of the United States were monopolized by that sect; when the public sentiment at length declared itself, and burst open the doors of honor and confidence to those whose opinions they more approved, was it to be imagined that this monopoly of office was still to be continued in the hands of the minority? Does it violate theirequal rights, to assert some rights in the majority also? Is itpolitical intoleranceto claim a proportionate share in the direction of the public affairs? Can they notharmonizein society unless they have everything in their own hands? If the will of the nation, manifested by their various elections, calls for an administration of government according with the opinions of those elected; if, for the fulfilment of that will, displacements are necessary, with whom can they so justly begin as with persons appointed in the last moments of an administration, not for its own aid, but to begin a career at the same time with their successors, by whom they had never been approved, and who could scarcely expect from them a cordial co-operation? Mr. Goodrich was one of these. Was it proper for him to place himself in office, without knowing whether those whose agent he was to be would have confidence in his agency? Can the preference of another, as the successor to Mr. Austin, be candidly called a removal of Mr. Goodrich? If a due participation of office is a matter of right, how are vacancies to be obtained? Those by death are few; by resignation, none. Can any other mode than that of removal be proposed? This is a painful office; but it is made my duty, and I meet it as such. I proceed in the operation with deliberation and inquiry, that it may injure the best men least, and effect the purposes of justice and public utility with the least private distress; that it may be thrown, as much as possible, on delinquency, on oppression, on intolerance, on ante-revolutionary adherence to our enemies.
The remonstrance laments "that a change in the administration must produce a change in the subordinate officers;" in other words, that it should be deemed necessary for all officers to think with their principal? But on whom does this imputation bear? On those who have excluded from office every shade of opinion which was not theirs? Or on those who have been so excluded? I lament sincerely that unessential differences of opinion should ever have been deemed sufficient to interdict half the society from the rights and the blessings of self-government, to proscribe them as unworthy of every trust. It would have been to me a circumstance of great relief, had I found a moderate participation of office in the hands of the majority. I would gladly have left to time and accident to raise them to their just share. But their total exclusion calls for prompter corrections. I shall correct the procedure; but that done, return with joy to that state of things, when the only questions concerning a candidate shall be, is he honest? Is he capable? Is he faithful to the Constitution?
I tender you the homage of my high respect.
Monticello, August 26, 1801.
Dear Sir,—Your favor of July the 28th was received here on the 20th instant. The superscription of my letter of July the 11th by another hand was to prevent danger to it from the curious. Your statement respecting the Berceau coincided with my own recollection, in the circumstances recollected by me, and I concur with you in supposing it may not now be necessary to give any explanations on the subject in the papers. The purchase was made by our predecessors, and the repairs begun by them. Had she been to continue ours, we were authorized to put and keep her in good order out of the fund of the naval contingencies; and when in good order, we obeyed a law of the land, the treaty, in giving her up. It is true the treaty was notratified; but when ratified, it is validated retrospectively. We took on ourselves this risk, but France had put more into our hands on the same risk. I do not know whether the clamor, as to the allowance to the French officers of their regular pay, has been rectified by a statement that it was on the request of the French consul, and his promise to repay it. So that they cost the United States, on this arrangement, nothing.
I am glad to learn from you that the answer to New Haven had a good effect in Massachusetts on the republicans, and no ill effects on the sincere federalists. I had foreseen, years ago, that the first republican President who should come into office after all the places in the government had become exclusively occupied by federalists, would have a dreadful operation to perform. That the republicans would consent to a continuation of everything in federal hands, was not to be expected, because neither just nor politic. On him, then, was to devolve the office of an executioner, that of lopping off. I cannot say that it has worked harder than I expected. You know the moderation of our views in this business, and that we all concurred in them. We determined to proceed with deliberation. This produced impatience in the republicans, and a belief we meant to do nothing. Some occasion of public explanation was eagerly desired, when the New Haven remonstrance offered us that occasion. The answer was meant as an explanation to our friends. It has had on them, everywhere, the most wholesome effect. Appearances of schismatizing from us have been entirely done away. I own I expected it would check the current with which the republican federalists were returning to their brethren, the republicans. I extremely lamented this effect; for the moment which should convince me that a healing of the nation into one is impracticable, would be the last moment of my wishing to remain where I am. (Of the monarchical federalists I have no expectations. They are incurables, to be taken care of in a mad house, if necessary, and on motives of charity.) I am much pleased, therefore, with your information that the republican federalists are still coming in to the desired union. The Eastern newspapers had given me adifferent impression, because I supposed the printers knew the taste of their customers, and cooked their dishes to their palates. The Palladium is understood to be theclericalpaper, and from the clergy I expect no mercy. They crucified their Saviour, who preached that their kingdom was not of this world; and all who practise on that precept must expect the extreme of their wrath. The laws of the present day withhold their hands from blood; but lies and slander still remain to them.
I am satisfied that the heaping of abuse on me, personally, has been with the design and the hope of provoking me to make a general sweep of all federalists out of office. But as I have carried no passion into the execution of this disagreeable duty, I shall suffer none to be excited. The clamor which has been raised will not provoke me to remove one more, nor deter me from removing one less, than if not a word had been said on the subject. In Massachusetts, you may be assured, great moderation will be used. Indeed, Connecticut, New York, New Jersey, Pennsylvania and Delaware, are the only States where anything considerable is desired. In the course of the summer all which is necessary will be done; and we may hope that this cause of offence being at an end, the measures we shall pursue and propose for the amelioration of the public affairs will be so confessedly salutary as to unite all men not monarchists in principle.
We have considerable hopes of republican senators from South Carolina, Maryland and Delaware, and some as to Vermont. In any event, we are secure of a majority in the Senate; and consequently that there will be a concert of action between the Legislature and executive. The removal of excrescences from the judiciary is the universal demand. We propose to re-assemble at Washington on the last day of September. Accept assurances of my affectionate esteem and high respect.
Monticello, September 9, 1801.
Dear Sir,—You will receive, probably by this post, from the Secretary of State, his final instructions for your mission to France. We have not thought it necessary to say anything in them on the great question of the maritime law of nations, which at present agitates Europe; that is to say, whether free ships shall make free goods; because we do not mean to take any side in it during the war. But, as I had before communicated to you some loose thoughts on that subject, and have since considered it with somewhat more attention, I have thought it might be useful that you should possess my ideas in a more matured form than that in which they were before given. Unforeseen circumstances may perhaps oblige you to hazard an opinion, on some occasion or other, on this subject, and it is better that it should not be at variance with ours. I write this, too, myself, that it may not be considered as official, but merely my individual opinion, unadvised by those official counsellors whose opinions I deem my safest guide, and should unquestionably take in form, were circumstances to call for a solemn decision of the question.
When Europe assumed the general form in which it is occupied by the nations now composing it, and turned its attention to maritime commerce, we found among its earliest practices, that of taking the goods of an enemy from the ship of a friend; and that into this practice every maritime State went sooner or later, as it appeared on the theatre of the ocean. If, therefore, we are to consider the practice of nations as the sole and sufficient evidence of the law of nature among nations, we should unquestionably place this principle among those of the natural laws. But its inconveniences, as they affected neutral nations peaceably pursuing their commerce, and its tendency to embroil them with the powers happening to be at war, and thus to extend the flames of war, induced nations to introduce by special compacts, from time to time, a more convenient rule; that "free ships should make free goods;" and this latter principle has byevery maritime nation of Europe been established, to a greater or less degree, in its treaties with other nations; insomuch, that all of them have, more or less frequently, assented to it, as a rule of action in particular cases. Indeed, it is now urged, and I think with great appearance of reason, that this is the genuine principle dictated by national morality; and that the first practice arose from accident, and the particular convenience of the States[16]which first figured on the water, rather than from well-digested reflections on the relations of friend and enemy, on the rights of territorial jurisdiction, and on the dictates of moral law applied to these. Thus it had never been supposed lawful, in the territory of a friend to seize the goods of an enemy. On an element which nature has not subjected to the jurisdiction of any particular nation, but has made common to all for the purposes to which it is fitted, it would seem that the particular portion of it which happens to be occupied by the vessel of any nation, in the course of its voyage, is for the moment, the exclusive property of that nation, and, with the vessel, is exempt from intrusion by any other, and from its jurisdiction, as much as if it were lying in the harbor of its sovereign. In no country, we believe, is the rule otherwise, as to the subjects of property common to all. Thus the place occupied by an individual in a highway, a church, a theatre, or other public assembly, cannot be intruded on, while its occupant holds it for the purposes of its institution. The persons on board a vessel traversing the ocean, carrying with them the laws of their nation, have among themselves a jurisdiction, a police, not established by their individual will, but by the authority of their nation, of whose territory their vessel still seems to compose a part, so long as it does enter the exclusive territory of another. No nation ever pretended a right to govern by their laws the ship of another nation navigating the ocean. By what law then can it enter that ship while in peaceable and orderly use of the common element? We recognize no natural precept for submission to such a right; and perceive no distinction between the movable and immovable jurisdiction ofa friend, which would authorize the entering the one and not the other, to seize the property of an enemy.
It may be objected that this proves too much, as it proves you cannot enter the ship of a friend to search for contraband of war. But this is not proving too much. We believe the practice of seizing what is called contraband of war, is an abusive practice, not founded in natural right. War between two nations cannot diminish the rights of the rest of the world remaining at peace. The doctrine that the rights of nations remaining quietly in the exercise of moral and social duties, are to give way to the convenience of those who prefer plundering and murdering one another, is a monstrous doctrine; and ought to yield to the more rational law, that "the wrong which two nations endeavor to inflict on each other, must not infringe on the rights or conveniences of those remaining at peace." And what iscontraband, by the law of nature? Either everything which may aid or comfort an enemy, or nothing. Either all commerce which would accommodate him is unlawful, or none is. The difference between articles of one or another description, is a difference in degree only. No line between them can be drawn. Either all intercourse must cease between neutrals and belligerents, or all be permitted. Can the world hesitate to say which shall be the rule? Shall two nations turning tigers, break up in one instant the peaceable relations of the whole world? Reason and nature clearly pronounce that the neutral is to go on in the enjoyment of all its rights, that its commerce remains free, not subject to the jurisdiction of another, nor consequently its vessels to search, or to enquiries whether their contents are the property of an enemy, or are of those which have been called contraband of war.