October 19, 1808.
Is the case proposed by Mr. Wolcott left by the law at the discretion of anybody? The law makes it the duty of the Collectorto detain if hesuspectsan intention to export to a foreign market,à fortioriif that intention beavowed. It is true that the first step proposed is only to go to another district, but declared to be preparatory to an exportation to the West Indies. It is true also that they say they do not mean to export until the law is repealed. But ought we under that cover to facilitate those illegal views which our experience has proved to be so general? Still, if there be any sound ground on which the permission can be given, I would rather make it the subject of consultation with you, than to have the present understood to be a final decision. Affectionate salutations.
Washington, October 19, 1808.
Sir,—Your favor of the 10th has been duly received. Certainly I would with great pleasure contribute anything in my power to render the history you propose to write a faithful account of the period it will comprehend. Nothing is so desirable to me, as that after mankind shall have been abused by such gross falsehoods as to events while passing, their minds should at length be set to rights by genuine truth. And I can conscientiously declare that as to myself, I wish that not only no act but no thought of mine should be unknown. But, Sir, my other and more imperious duties put it out of my power. So totally is my time engrossed by the public concerns, that for mere want of time, many of them which I ought to attend to myself, if my time sufficed, I am obliged, for want of it, to refer to others. To withdraw myself from still more of them for any voluntary object would be a failure in duty. If you shall think proper, as you say, to commit to me the perusal of the manuscript before it goes to the press, I shall then probably be in a private station, and master of my own time, and I will carefully examine, and faithfully offer any corrections or supplements which I may think will render it a true representation of events. I salute you with esteem and respect.
Washington, October 19, 1808.
Sir,—Your two letters of the 11th inst. have been received, and I am obliged to observe that so wholly do the indispensable duties of my office engross my whole time, that I could not give a deliberate reading to two letters so voluminous as these, and not relating to my particular functions, without withdrawing time from objects having stricter claims on me. I have run over them hastily, and perceive that you are still engaged in the pursuit of the method of finding the longitude at sea by an observation of Jupiter and his satellites, brought to the horizon by a double reflection, as in Hadley's quadrant. That you have written a play to raise funds for prosecuting this, and wish me to circulate a subscription for it and print your letters. I will willingly subscribe myself for a number of copies to help you, but I have never permitted myself to be the circulator of any subscription, or to have agency in printing anything, conceiving it improper in my present office. And however wishful of your success in raising funds, I confess I should think them better applied to the comfort of your family. After so many better opinions it may be superfluous to offer mine. Yet justified by my friendly motives in doing so, I will observe, that to get the longitude at sea by observation of the eclipses of Jupiter's satellites, two desiderata are wanting: 1st, a practicable way of keeping the planet and satellite in the field of a glass magnifying sufficiently to show the satellites; 2d, a time-piece which will give the instant of time with sufficient accuracy to be useful. The bringing the planet and satellite to the horizon does not sensibly facilitate the observation, because the planet in his ascending and descending course is at such heights as admit the direct observation with entire convenience. On the other hand, so much light is lost by the double reflection as to dim the objects and lessen the precision with which the moment of ingress and egress may be marked. This double reflection also introduces a new source of error from the inaccuracy of the instrument;2d, the desideratum of a time-piece which, notwithstanding the motion of the ship, shall keep time during a whole voyage with sufficient accuracy for these observations, has not yet been supplied. Fine time-keepers have been invented, but not equal to what is requisite, all of them deriving their motion from a spring, and not from a pendulum. Indeed these pursuits have lost much of their consequence since the improvement of the lunar tables has given the motion of the moon so accurately, as to make that a foundation for estimating the longitude by her relative position at a given moment with the sun or fixed stars. Every captain of a ship now understands the method of taking these lunar observations, and of calculating his longitude by them.
I have gone into these details with the most friendly view of dissuading you from wasting time, which you represent as so much needed for your family, in a pursuit which has baffled every human endeavor as yet, and has lost so much of its importance. I return you your letters, because you wish to have them published, and conclude with my best wishes for the success of your endeavors to raise the funds you desire, and for the application of them which shall be best for yourself and your family.
October 21, 1808.
The case of the Martinique Petitioners.
I think it wrong to detain foreigners caught here by the embargo; but in permitting them to take our vessels to return in, we do what is a matter of favor, not of right. Of course we can restrict them to a tonnage proportioned to their numbers. In the transport service I believe the allowance is two tons to every person. We may allow a little more room; but there ought to be an end to this, and I think it high time to put an end to it. What would you think of advertising that after a certain day, no American vessel will be permitted to go out for the purpose ofcarrying persons. Perhaps this should be communicated by the Secretary of State to the foreign ministers.
* * * * * * * *
Fronda states that a proprietor of Amelia Island, in Florida, shipped his crop for a foreign port on board an American vessel. The vessel was taken by the Argus, carried into Savannah, and condemned for a breach of the embargo laws; the cargo pronounced clear. Probably the vessel had left our harbors without a clearance, though that is not stated, nor the cause of her condemnation specified. Permission is asked to send away the cargo. If the Spanish proprietor had no agency in drawing the vessel away contrary to the embargo laws, his employment of her was innocent, and he ought to be permitted to send his cargo out; because for us to take his property and bring it in by force, and against his will, and then to detain it under pretext of an embargo, would be equivalent to piracy or war. A vessel driven involuntarily into a port by weather, or an enemy, with prohibited goods, is always allowed to depart, and even to sell as much of the goods as will make the vessel sea-worthy, if disabled. I do not know, however, that in the present case we are bound to do any more than let one of our vessels be engaged to replace the cargo in Amelia Island, and certainly we ought not to let it go to any distant port; but if the proprietor enticed or engaged the vessel to break the embargo law, he wasparticeps criminis, and must submit to the loss which he has brought on himself. I send you Fronda's note, which should be returned to Mr. Madison, with information of the order you shall give for inquiring into the facts, and permission or refusal as they shall turn out. Affectionate salutations.
Washington, October 27, 1808.
Dear Sir,—When I received your letter of the 16th, I thought I had not a copy of my report on measures, weights, and coins,except one bound up in a volume with other reports; but on carefully searching a bundle of duplicates, I found the one I now enclose you, being the only detached one I possess. It is defective in one article. The report was composed under a severe attack of periodical headache, which came on every day at sunrise, and never left me till sunset. What had been ruminated in the day under a paroxysm of the most excruciating pain, was committed to paper by candlelight, and then the calculations were made. After delivering in the report, it was discovered that in calculating the money unit § 5 page 49, there was a small error in the third or fourth column of decimals, the correction of which however brought the proposed unit still nearer to the established one. I reported the correction in a single leaf to Congress. The copy I send you has not that leaf.
The first question to be decided is between those who are for units of measures, weights, and coins, having, a known relation to something in nature of fixed dimension, and those who are for an arbitrary standard. On this"dice vexata quaestio"it is useless to say a word, every one having made up his mind on a view of all that can be said. Mr. Dorsey was so kind as to send me his pamphlet, by which I found he was for the arbitrary standard of one-third of the standard yard of H. G. of England, supposed to be in the Exchequer of that nation, a fac simile of which was to be procured and lodged in Philadelphia. I confess myself to be of the other sect, and to prefer an unit bearing a given relation to some fixed subject of nature, and of preference to the pendulum, because it may be in the possession of every man, so that he may verify his measures for himself. You will observe that I proposed alternative plans to Congress, that they might take the one or the other, according to the degree of courage they felt. The first is from page 18 to 38; the second from page 39 to 44. Were I now to decide, it would be in favor of the first, with this single addition, that each of the denominations there adopted, should be divisible decimally at the will of every individual. The iron-founder deals in tons; let him take the ton for his unit, and divide it into 10ths, 100ths, and 1000ths.The dry-goods merchant deals in pounds and yards; let him divide them decimally. The land-measurer deals in miles and poles; divide them decimally, only noting over his figures what the unit is, thus:
I have lately had a proof how familiar this division into dimes, cents, and mills, is to the people when transferred from their money to anything else. I have an odometer fixed to my carriage, which gives the distances in miles, dimes, and cents. The people on the road inquire with curiosity what exact distance I have found from such a place to such a place; I answer, so many miles, so many cents. I find they universally and at once form a perfect idea of the relation of the cent to the mile as an unit. They would do the same as to yards of cloth, pounds of shot, ounces of silver, or of medicine. I believe, therefore, they are susceptible of this degree of approximation to a standard rigorously philosophical; beyond this I might doubt. However, on this too every one has an opinion, and I am open to compromise, as I am also to other plans of reformation, of which multitudes have been published. I can conclude, therefore, candidly with the"si quid novisti rectius,"&c., and sincerely with assurances of my constant esteem and respect.
Washington, October 27, 1808.
Dear Sir,—You will wonder that your letter of June the 3d should not be acknowledged till this date. I never received it till September the 12th, and coming soon after to this place, the accumulation of business I found here has prevented my taking it up till now. That you ever participated in any plan for a division of the Union, I never for one moment believed. I knew your Americanism too well. But as the enterprise against Mexico was of a very different character, I had supposed what I heard on that subject to be possible. You disavow it; that is enough forme, and I forever dismiss the idea. I wish it were possible to extend my belief of innocence to a very different description of men in New Orleans; but I think there is sufficient evidence of there being there a set of foreign adventurers, and native malcontents, who would concur in any enterprise to separate that country from this. I did wish to see these people get what they deserved; and under the maxim of the law itself, thatinter arma silent leges, that in an encampment expecting daily attack from a powerful enemy, self-preservation is paramount to all law, I expected that instead of invoking the forms of the law to cover traitors, all good citizens would have concurred in securing them. Should we have ever gained our Revolution, if we had bound our hands by manacles of the law, not only in the beginning, but in any part of the revolutionary conflict? There are extreme cases where the laws become inadequate even to their own preservation, and where the universal resource is a dictator, or martial law. Was New Orleans in that situation? Although we knew here that the force destined against it was suppressed on the Ohio, yet we supposed this unknown at New Orleans at the time that Burr's accomplices were calling in the aid of the law to enable them to perpetrate its suppression, and that it was reasonable, according to the state of information there, to act on the expectation of a daily attack. Of this you are the best judge.
Burr is in London, and is giving out to his friends that that government offers him two millions of dollars the moment he can raise an ensign of rebellion as big as a handkerchief. Some of his partisans will believe this, because they wish it. But those who know him best will not believe it the more because he says it. For myself, even in his most flattering periods of the conspiracy, I never entertained one moment's fear. My long and intimate knowledge of my countrymen, satisfied and satisfies me, that let there ever be occasion to display the banners of the law, and the world will see how few and pitiful are those who shall array themselves in opposition. I as little fear foreign invasion. I have indeed thought it a duty to be prepared to meet even themost powerful, that of a Bonaparte, for instance, by the only means competent, that of a classification of the militia, and placing the junior classes at the public disposal; but the lesson he receives in Spain extirpates all apprehensions from my mind. If in a peninsula, the neck of which is adjacent to him and at his command, where he can march any army without the possibility of interception or obstruction from any foreign power, he finds it necessary to begin with an army of three hundred thousand men, to subdue a nation of five millions, brutalized by ignorance, and enervated by long peace, and should find constant reinforcements of thousands after thousands, necessary to effect at last a conquest as doubtful as deprecated, what numbers would be necessary against eight millions of free Americans, spread over such an extent of country as would wear him down by mere marching, by want of food, autumnal diseases, &c.? How would they be brought, and how reinforced across an ocean of three thousand miles, in possession of a bitter enemy, whose peace, like the repose of a dog, is never more than momentary? And for what? For nothing but hard blows. If the Orleanese Creoles would but contemplate these truths, they would cling to the American Union, soul and body, as their first affection, and we should be as safe there as we are everywhere else. I have no doubt of their attachment to us in preference of the English.
I salute you with sincere affection and respect.
Washington, October 28, 1808.
Sir,—I thank you for the copy of General Kosciusko's treatise on the flying artillery. It is a branch of the military art which I wish extremely to see understood here, to the height of the European level. Your letter of September 20th was received in due time. I never received the letter said to have been written to me by Mr. Malesherbe, in favor of Mr. Masson. The fact of such a letter having been written by Mr. Malesherbe, is sufficientground for my desiring to be useful to Mr. Masson on any occasion which may arise. No man's recommendation merits more reliance than that of M. de Malesherbe. The state and interest of the military academy shall not be forgotten. I salute you with esteem and respect.
Washington, October 29, 1808.
Sir,—I send the enclosed letter under the benefit of your cover, and open, because I wish you to know its contents. I thought the person to whom it is addressed a very good man when here,—he is certainly a very learned and able one. I thought him peculiarly qualified to be useful with you. But in the present state of my information, I can say no more than I have to him. When you shall have read the letter, be so good as to stick a wafer in it, and not let it be delivered till it is dry, that he may not know that any one but himself sees it. The Spanish paper you enclosed me is an atrocious one. I see it has been republished in the Havanna. The truth is that the patriots of Spain have no warmer friends than the administration of the United States, but it is our duty to say nothing and to do nothing for or against either. If they succeed, we shall be well satisfied to see Cuba and Mexico remain in their present dependence; but very unwilling to see them in that of either France or England, politically or commercially. We consider their interests and ours as the same, and that the object of both must be to exclude all European influence from this hemisphere. We wish to avoid the necessity of going to war, till our revenue shall be entirely liberated from debt. Then it will suffice for war, without creating new debt or taxes. These are sentiments which I would wish you to express to any proper characters of either of these two countries, and particularly that we have nothing more at heart than their friendship. I salute you with great esteem and respect.
November 3, 1808.
A press of business here prevented my sooner taking up the three bundles of papers now returned; and even now I judge of them from the brief you have been so good as to make so fully. This is an immense relief to me.
The Warbash Saline.
I think the applications from Nashville, &c., for a share of the salt had better not be complied with. I suspect we did wrong in yielding a similar privilege to Kentucky. There would be no end to the details of the partitionary plan, and it will only shift the gains into other hands, adding the unavoidable inequalities of distribution. Better leave the distribution to its former and ordinary course, and the benefits will taper off from the centre till lost by distance.
Indiana Lead Mines.
I think it would be well to authorize Governor Harrison to lease them to the present applicants,—the former ones declining.
Intrusions on Public Lands.
I suspect you have partly forgotten what was agreed on the other day. 1. Notice was agreed to be given by a register to be appointed to all intruders on the Tennessee purchase, to disclaim or remove; andin the springtroops are to be sent to remove all non-compliers. Those on the Indian lands (except Double-heads) to be absolutely removed without the privilege of disclaimer. 2. As to the intruders on Red River, we agreed to leave them and get Congress to extend the land law to them.
I think it will be better you should write to Governor Williams about the appointment of officers. Things casually incidental to a main business belonging to another department, had better be made the subject of a single instruction. I am sure the Secretary of State will thank you to take the trouble. Affectionate salutations.
November 5, 1808.
I enclose you a charge by Mr. Hanson against Captain Smith and Lieutenants Davis and Dobbins of the militia, as having become members of an organized company, calling themselves the Tar Company, avowing their object to be the tarring and feathering citizens of some description. Although in some cases the animadversions of the law may be properly relied on to prevent what is unlawful, yet with those clothed with authority from the executive, and being a part of the executive, other preventives are expedient. These officers should be warned that the executive cannot tamely look on and see its officers threaten to become the violators instead of the protectors of the rights of our citizens. I presume, however, that all that is necessary will be that their commanding officer, (General Mason,) finding the fact true, should give them aprivateadmonition, either written or verbal, as he pleases, to withdraw themselves from the illegal association; at the same time I would rather it should be stated to General Mason only "that information has been received," &c., without naming Mr. Hanson as the informer. My reason is that some disagreeable feuds have arisen at the Navy Yard which I would rather allay than foment. No proof will be necessary to be called for; because if the officers disavow the fact, it will be a proof they have that sense of propriety to which only an admonition would be intended to bring them. I salute you with constant affection.
Washington, November 8, 1808.
Dear Sir,—I have to acknowledge the receipt of your two letters September 10th and of blank date, probably about the middle of October, and to thank you for the communications therein made. They were handed to the two persons thereinnamed. I seize the first moment it is in my power to answer your question as to our foreign relations, which I do by enclosing you a copy of my message this moment delivered to the two houses of Congress, in which they are fully stated. It is evident we have before us three only alternatives; 1, embargo; 2, war; 3, submission and tribute. This last will at once be put out of question by every American, and the two first only considered. By the little conversation I have had with the members, I perceive there will be some division on this among the republicans; but what will be its extent cannot be known till they shall have heard the message and documents, and had some days to confer and make up their opinions. Being now all in the hurry and bustle of visits and business, incident to the first days of the meeting, I must here close with my salutations of friendship and respect.
Washington, November 8, 1808.
Sir,—I have to acknowledge the receipt of your favor of October 14th, and to thank you for the information it contained. While the opposition to the late laws of embargo has in one quarter amounted almost to rebellion and treason, it is pleasing to know that all the rest of the nation has approved of the proceedings of the constituted authorities. The steady union which you mention of our fellow citizens of South Carolina, is entirely in their character. They have never failed in fidelity to their country and the republican spirit of its constitution. Never before was that union more needed or more salutary than under our present crisis. I enclose you my message to both houses of Congress, this moment delivered. You will see that we have to choose between the alternatives of embargo and war; there is indeed one and only one other, that is submission and tribute. For all the federal propositions for trading to the places permitted by the edicts of the belligerents, result in fact in submission, althoughthey do not choose to pronounce the naked word. I do not believe, however, that our fellow citizens of that sect with you will concur with those to the east in this paricide purpose, any more than in the disorganizing conduct which has disgraced the latter. I conclude this from their conduct in your legislature in its vote on that question. Accept my salutations and assurances of respect.
Washington, November 13, 1808.
Dear Sir,—Between three and four years ago, I received the enclosed petitions praying for the pardon or the enlargement of Thomas Logwood, then and still confined in the penitentiary of Richmond, for counterfeiting the bank notes of the United States. I consulted Governor Page on the subject, who, after conferring with his council, informed me that though he was for a pardon himself, he found a division of opinion on the question, and therefore could not advise it. Between three and four years have since been added to his confinement, and if his conduct during that time has been such as to lessen his claims to a mitigation of his sentence, they must certainly stand now on higher ground, and the more so as two of his accomplices confined here, have by a very general wish been pardoned more than a year ago. Will you be so good as to give me your opinion on the subject, as you are in a situation to know what his conduct has been? His wife is represented as a very meritorious character, and her connections respectable; probably they may be known to you. His neighbors, you will observe, ask his restoration to them. Whether would it be best to pardon him absolutely, or on condition of giving security for his good behavior? or shall we open the prison door and let him go out, notifying him that if he will continue on his own farm or those next adjoining, and keep himself from all suspicious intercourse and correspondence, he will not be molested; otherwise, that hewill be retaken and replaced in his present situation? Your advice on this subject will much oblige me. I salute you with great esteem and respect.
November 13, 1808.
1st. The ship Aurora, Captain Rand. Provisions, lumber and naval stores being the articles on which we rely most for effect during our embargo. Rand's landing, as to the great mass of its articles, seems not to render his case suspicious. Keeping therefore the articles of provisions, lumber and naval stores, within their regular limits, I see no objection to a permit in the character of his cargo; and the objection drawn from his dislike and disapprobation of the embargo, has never been considered as an obstacle where the person has not actually been guilty of its infraction. I think a permit should be granted under the regular limitations as to the proportion of provisions, &c.
2d. The schooner Concord, property of John Bell of Petersburg. Wherever a person has once been guilty of breaking the embargo laws, we can no longer have confidence in him, and every shipment made by him becomes suspicious. No permit should be granted him; the fact of a prior breach being sufficient without the formality of its being found by jury.
3d. The schooner Caroline, belonging to Brown and Pilsbury of Buckstown. Where every attempt, the Collector says, has been made and still continues to be made to evade the embargo laws, the nature of the cargo is sufficient to refuse the permit, being wholly of provisions and lumber. This is the first time the character of the place has been brought under consideration as an objection. Yet a general disobedience to the laws in any place must have weight towards refusing to give them any facilities to evade. In such a case we may fairly require positive proof that the individual of a town tainted with a general spirit of disobedience, has never said or done anything himself to countenancethat spirit. But the first cause of refusal being sufficient, an inquiry into character and conduct is unnecessary.
Washington, November 13, 1808.
Dear Sir,—I enclose you a petition from Nantucket, and refer it for your decision. Our opinion here is, that that place has been so deeply concerned in smuggling, that if it wants, it is because it has illegally sent away what it ought to have retained for its own consumption. Be so good as to bear in mind that I have asked the favor of you to see that your State encounters no real want, while, at the same time, where applications are made merely to cover fraud, no facilities towards that be furnished. I presume there can be no want in Massachusetts as yet, as I am informed that Governor Sullivan's permits are openly bought and sold here and in Alexandria, and at other markets. The congressional campaign is just opening: three alternatives alone are to be chosen from. 1. Embargo. 2. War. 3. Submission and tribute. And, wonderful to tell, the last will not want advocates. The real question, however, will lie between the two first, on which there is considerable division. As yet the first seems most to prevail; but opinions are by no means yet settled down. Perhaps the advocates of the second may, to a formal declaration of war, prefergeneralletters of mark and reprisal, because, on a repeal of their edicts by the belligerent, a revocation of the letters of mark restores peace without the delay, difficulties, and ceremonies of a treaty. On this occasion, I think it is fair to leave to those who are to act on them, the decisions they prefer, being to be myself but a spectator. I should not feel justified in directing measures which those who are to execute them would disapprove. Our situation is truly difficult. We have been pressed by the belligerents to the very wall, and all further retreat is impracticable.
I salute you with sincere friendship.
Washington, November 18, 1808.
Sir,—You will perceive in the enclosed petitions, a request that I will lay them before Congress. This I cannot do consistently with my own opinion of propriety, because where the petitioners have a right to petition their immediate representatives in Congress directly, I have deemed it neither necessary nor proper for them to pass their petition through the intermediate channel of the Executive. But as the petitioners may be ignorant of this, and, confiding in it, may omit the proper measure, I have usually put such petitions into the hands of the Representatives of the State, informally to be used or not as they see best, and considering me as entirely disclaiming any agency in the case. With this view, I take the liberty of placing these papers in your hands, not as Speaker of the House, but as one of the Representatives from the State from which they came. Whether they should be handed on to the Representatives of the particular districts, (which are unknown to me,) yourself will be the best judge. I salute you with affection, esteem, and respect.
Washington, November 24, 1808.
My Dear Jefferson, * * * * *
Your situation, thrown at such a distance from us, and alone, cannot but give us all great anxieties for you. As much has been secured for you, by your particular position and the acquaintance to which you have been recommended, as could be done towards shielding you from the dangers which surround you. But thrown on a wide world, among entire strangers, without a friend or guardian to advise, so young too, and with so little experience of mankind, your dangers are great, and still your safety must rest on yourself. A determination never to do what iswrong, prudence and good humor, will go far towards securing to you the estimation of the world. When I recollect that at fourteen years of age, the whole care and direction of myself was thrown on myself entirely, without a relation or friend qualified to advise or guide me, and recollect the various sorts of bad company with which I associated from time to time, I am astonished I did not turn off with some of them, and become as worthless to society as they were. I had the good fortune to become acquainted very early with some characters of very high standing, and to feel the incessant wish that I could ever become what they were. Under temptations and difficulties, I would ask myself what would Dr. Small, Mr. Wythe, Peyton Randolph do in this situation? What course in it will insure me their approbation? I am certain that this mode of deciding on my conduct, tended more to correctness than any reasoning powers I possessed. Knowing the even and dignified line they pursued, I could never doubt for a moment which of two courses would be in character for them. Whereas, seeking the same object through a process of moral reasoning, and with the jaundiced eye of youth, I should often have erred. From the circumstances of my position, I was often thrown into the society of horse racers, card players, fox hunters, scientific and professional men, and of dignified men; and many a time have I asked myself, in the enthusiastic moment of the death of a fox, the victory of a favorite horse, the issue of a question eloquently argued at the bar, or in the great council of the nation, well, which of these kinds of reputation should I prefer? That of a horse jockey? a fox hunter? an orator? or the honest advocate of my country's rights? Be assured, my dear Jefferson, that these little returns into ourselves, this self-catechising habit, is not trifling nor useless, but leads to the prudent selection and steady pursuit of what is right.
I have mentioned good humor as one of the preservatives of our peace and tranquillity. It is among the most effectual, and its effect is so well imitated and aided, artificially, by politeness, that this also becomes an acquisition of first rate value. In truth, politeness is artificial good humor, it covers the natural want ofit, and ends by rendering habitual a substitute nearly equivalent to the real virtue. It is the practice of sacrificing to those whom we meet in society, all the little conveniences and preferences which will gratify them, and deprive us of nothing worth a moment's consideration; it is the giving a pleasing and flattering turn to our expressions, which will conciliate others, and make them pleased with us as well as themselves. How cheap a price for the good will of another! When this is in return for a rude thing said by another, it brings him to his senses, it mortifies and corrects him in the most salutary way, and places him at the feet of your good nature, in the eyes of the company. But in stating prudential rules for our government in society, I must not omit the important one of never entering into dispute or argument with another. I never saw an instance of one of two disputants convincing the other by argument. I have seen many, on their getting warm, becoming rude, and shooting one another. Conviction is the effect of our own dispassionate reasoning, either in solitude, or weighing within ourselves, dispassionately, what we hear from others, standing uncommitted in argument ourselves. It was one of the rules which, above all others, made Doctor Franklin the most amiable of men in society, "never to contradict anybody." If he was urged to announce an opinion, he did it rather by asking questions, as if for information, or by suggesting doubts. When I hear another express an opinion which is not mine, I say to myself, he has a right to his opinion, as I to mine; why should I question it? His error does me no injury, and shall I become a Don Quixotte, to bring all men by force of argument to one opinion? If a fact be misstated, it is probable he is gratified by a belief of it, and I have no right to deprive him of the gratification. If he wants information, he will ask it, and then I will give it in measured terms; but if he still believes his own story, and shows a desire to dispute the fact with me, I hear him and say nothing. It is his affair, not mine, if he prefers error. There are two classes of disputants most frequently to be met with among us. The first is of young students, just entered the threshold of science, with a first view of its outlines, not yet filledup with the details and modifications which a further progress would bring to their knowledge. The other consists of the ill-tempered and rude men in society, who have taken up a passion for politics. (Good humor and politeness never introduce into mixed society, a question on which they foresee there will be a difference of opinion.) From both of those classes of disputants, my dear Jefferson, keep aloof, as you would from the infected subjects of yellow fever or pestilence. Consider yourself, when with them, as among the patients of Bedlam, needing medical more than moral counsel. Be a listener only, keep within yourself, and endeavor to establish with yourself the habit of silence, especially on politics. In the fevered state of our country, no good can ever result from any attempt to set one of these fiery zealots to rights, either in fact or principle. They are determined as to the facts they will believe, and the opinions on which they will act. Get by them, therefore, as you would by an angry bull; it is not for a man of sense to dispute the road with such an animal. You will be more exposed than others to have these animals shaking their horns at you, because of the relation in which you stand with me. Full of political venom, and willing to see me and to hate me as a chief in the antagonist party, your presence will be to them what the vomit grass is to the sick dog, a nostrum for producing ejaculation. Look upon them exactly with that eye, and pity them as objects to whom you can administer only occasional ease. My character is not within their power. It is in the hands of my fellow citizens at large, and will be consigned to honor or infamy by the verdict of the republican mass of our country, according to what themselves will have seen, not what their enemies and mine shall have said. Never, therefore, consider these puppies in politics as requiring any notice from you, and always show that you are not afraid to leave my character to the umpirage of public opinion. Look steadily to the pursuits which have carried you to Philadelphia, be very select in the society you attach yourself to, avoid taverns, drinkers, smokers, idlers, and dissipated persons generally; for it is with such that broils and contentions arise; and you will findyour path more easy and tranquil. The limits of my paper warn me that it is time for me to close with my affectionate adieu.
P. S. Present me affectionately to Mr. Ogilvie, and, in doing the same to Mr. Peale, tell him I am writing with his polygraph, and shall send him mine the first moment I have leisure enough to pack it.
Washington, November 30, 1808.
Gentlemen,—Being to remove within a few months from my present residence to one still more distant from the seat of the meetings of the American Philosophical Society, I feel it a duty no longer to obstruct its service by keeping from the chair members whose position as well as qualifications, may enable them to discharge its duties with so much more effect. Begging leave, therefore, to withdraw from the Presidency of the Society at the close of the present term, I avail myself of the occasion gratefully to return my thanks to the Society for the repeated proofs they have been pleased to give of their favor and confidence in me, and to assure them, in retiring from the honorable station in which they have been pleased so long to continue me, that I carry with me all the sentiments of an affectionate member and faithful servant of the Society.
Asking the favor of you to make this communication to the Society, I beg leave to tender to each of you personally the assurances of my great esteem and respect.
Washington, November 30, 1808.
Sir,—Business and indisposition have prevented my sooner acknowledging the receipt of your letter of the 3d instant, whichcame to hand on the 10th. Mr. Granger, before that, had sent here the very elegant ivory staff of which you wished my acceptance. The motives of your wish are honorable to me, and gratifying, as they evidence the approbation of my public conduct by a stranger who has not viewed it through the partialities of personal acquaintance. Be assured, Sir, that I am as grateful for the testimony, as if I could have accepted the token of it which you have so kindly offered. On coming into public office, I laid it down as a law of my conduct, while I should continue in it, to accept no present of any sensible pecuniary value. A pamphlet, a new book, or an article of new curiosity, have produced no hesitation, because below suspicion. But things of sensible value, however innocently offered in the first examples, may grow at length into abuse, for which I wish not to furnish a precedent. The kindness of the motives which led to this manifestation of your esteem, sufficiently assures me that you will approve of my desire, by a perseverance in the rule, to retain that consciousness of a disinterested administration of the public trusts, which is essential to perfect tranquillity of mind. Replacing, therefore, the subject of this letter in the hands of Mr. Granger, under your orders, and repeating that the offer meets the same thankfulness as if accepted, I tender you my salutations and assurances of respect.
Washington, December 1, 1808.
Sir,—-In answer to the inquiries of the benevolent Dr. De Carro on the subject of the upland or mountain rice, Oryza Mutica, I will state to you what I know of it. I first became informed of the existence of a rice which would grow in uplands without any more water than the common rains, by reading a book of Mr. De Porpre, who had been Governor of the Isle of France, who mentions it as growing there and all along the coast ofAfrica successfully, and as having been introduced from Cochin-China. I was at that time (1784-89) in France, and there happening to be there a Prince of Cochin-China, on his travels, and then returning home, I obtained his promise to send me some. I never received it however, and mention it only as it may have been sent, and furnished the ground for the inquiries of Dr. De Carro, respecting my receiving it from China. When at Havre on my return from France, I found there Captain Nathaniel Cutting, who was the ensuing spring to go on a voyage along the coast of Africa. I engaged him to inquire for this; he was there just after the harvest, procured and sent me a thirty-gallon cask of it. It arrived in time the ensuing spring to be sown. I divided it between the Agricultural Society of Charleston and some private gentlemen of Georgia, recommending it to their care, in the hope which had induced me to endeavor to obtain it, that if it answered as well as the swamp rice, it might rid them of that source of their summer diseases. Nothing came of the trials in South Carolina, but being carried into the upper hilly parts of Georgia, it succeeded there perfectly, has spread over the country, and is now commonly cultivated; still, however, for family use chiefly, as they cannot make it for sale in competition with the rice of the swamps. The former part of these details is written from memory, the papers being at Monticello which would enable me to particularize exactly the dates of times and places. The latter part is from the late Mr. Baldwin, one of those whom I engaged in the distribution of the seed in Georgia, and who in his annual attendance on Congress, gave me from time to time the history of its progress. It has got from Georgia into Kentucky, where it is cultivated by many individuals for family use. I cultivated it two or three years at Monticello, and had good crops, as did my neighbors, but not having conveniences for husking it, we declined it. I tried some of it in a pot, while I lived in Philadelphia, and gave seed to Mr. Bartram. It produced luxuriant plants with us both, but no seed; nor do I believe it will ripen in the United States as far north as Philadelphia. Business and an indisposition of some days must apologize forthis delay in answering your letter of October 24th, which I did not receive till the 6th of November. And permit me here to add my salutations and assurances of esteem and respect.
December 4, 1808.
The case of the sale of city lots under a decree of the Chancellor of Maryland.
The deed of the original owners of the site of the city of Washington to certain trustees, after making provisions for streets, public squares, &c., declares that the residue of the ground, laid off in building lots, shall one moiety belong to the original proprietors, and the other moiety shall be sold on such terms and conditions as the President of the United States shall direct, the proceeds, after certain specified payments, to be paid to the President as a grant of money, and to be applied for the purposes, and according to the Act of Congress; which Act of Congress (1790, c. 28) had authorized the President to accept grants of money, to purchase or to accept land for the use of the United States, to provide suitable buildings, &c. Of these residuary building lots, one thousand were sold by the Commissioner to Greenleaf for $80,000, who transferred them to Morris and Nicholson, with an express lien on them for the purchase money due to the city. Under this lien the Chancellor of Maryland has decreed that they shall be sold immediately for whatever they will bring; that the proceeds shall be applied first to the costs of suit and sale, and the balance towards paying the original purchase money. The sale has now proceeded, for some days, at very low prices, and must proceed till the costs of suit and sale are raised. It is well understood that under no circumstances of sale, however favorable, can they pay five in the pound of the original debt; and that if the whole are now forced into sale, at what they will bring, they will not pay one in the pound; and being the only fund from which a single dollar ofthe debt can ever be recovered, (on account of the bankruptcy of all the purchasers,) of $25,000 which the lots may bring if offered for sale from time to timepari passuwith the growing demand, $20,000 will be lost by a forced sale. To save this sum is desirable. And the interest in it being ultimately that of the United States, I have consulted with the Secretary of the Treasury and Comptroller, and after due consideration, I am of opinion it is for the public interest, and within the powers of the President, under the deed of trust and laws, to repurchase under the decree, at the lowest prices obtainable, such of these lots as no other purchaser shall offer to take at what the Superintendent shall deem their real value, that is to say, what they will in his judgment sell for hereafter, if only offered from time to time as purchasers shall want them. The sums so to be allowed for them by the Superintendent to be passed to the credit of Greenleaf, and retaining a right to the unsatisfied balance as damages due for non-compliance with his contract; a matter of form only, as not a cent of it is expected ever to be obtained. I consider the reconveyance of these lots at the price which the Superintendent shall nominally allow for them, as replacing them in our hands, instatu quoprices, as if the title had never been passed out of us; and that thereafter they will be in the condition of all other lots, sold, but neither conveyed nor paid for; that is to say, liable to be resold for the benefit of the city; as has been invariably practised in all other cases. The Superintendent is instructed to proceed accordingly.
December 7, 1808.
1. D. W. Coxe and the ship Comet. The application to send another vessel to the Havanna, to bring home the proceeds of the cargo of the Comet, charged with a breach of embargo, must be rejected for three reasons, each insuperable. 1st. The property was not shipped from the United States prior to December22d, 1807, and therefore is not within the description of cases in which a permission by the executive is authorized by law. 2d. The limitation of time for permissions has been long expired. 3d. Although in an action on the bond of the Comet, the fabricated testimony of distress may embarrass judges and juries, tramelled by legal rules of evidence, yet it ought to have no weight with us to whom the law has referred to decide according to our discretion, well knowing that it was impossible to build up fraud by general rules. We know that the fabrication of proofs of leaky ships, stress of weather, cargoes sold under duress, are a regular part of the system of infractions of the embargo, with the manufacture of which every foreign port is provided, and that their oaths and forgeries are a regular merchandise in every port. We must therefore consider them as nothing, and that the act of entering a foreign port and selling the cargo is decisive evidence of an intentional breach of embargo, not to be countervailed by the letters of all the Charles Dixeys in the world; for every vessel is provided with a Charles Dixey.
My opinion is therefore that no permission ought ever to be granted for any vessel to leave our ports (while the embargo continues) in which any person is concerned either in interest or in navigating her, who has ever been concerned in interest, or in the navigation of a vessel which has at any time before entered a foreign port contrary to the views of the embargo laws, and under any pretended distress or duress whatever. This rule will not lead us wrong once in a hundred times.
2. I send you the case of Mr. Mitchell and the ship Neutrality, merely as a matter of form; for I presume it must be rejected on the ground of limitation. These petitioners are getting into the habit of calling on me personally in the first instance. These personal solicitations being very embarrassing, I am obliged to tell them I will refer the case to you, and they will receive a written answer. But I hope, in your amendments to the law, you will propose a repeal of the power to give permissions to go for property.
December 8, 1808.
The idea of regulating the coasting trade (to New Orleans for instance) by the quantity of tonnage sufficient for each port, is new to me, and presents difficulties through which I cannot see my way. To determine how much tonnage will suffice for the coasting trade of Boston, New York, Philadelphia, and the other ports great and small, and to divide this tonnage impartially among the competitors of each place, would embarrass us infinitely, and lead to unavoidable errors and irregularities. Is it not better to let it regulate itself as to all innocent articles, and to continue our attentions and regulations to the articles of provisions and lumber? If the rule of theone-eighthcarries too much to New Orleans, and I am sure it does, why not confine it to the ports between St. Mary's and Passamaquoddy, (excluding these two,) and trust for New Orleans to the western supplies and Governor Claiborne's permits? I suppose them sufficient, because Governor Claiborne has assured us that the Western supplies are sufficient for the consumption of New Orleans, and we see that New Orleans has exported flour the last six months, and that too to the West Indies, whither will go also whatever flour the rule of theone-eighthcarries there, or its equivalent in Western flour. These ideas on the subject are of the first impression; and I keep the decision open for any further light which can be thrown on it.
December 8, 1808.
Mr. Harrison will continue in office till the 3d of March. I send you tit for tat, one lady application for another. However our feelings are to be perpetually harrowed by these solicitations, our course is plain, and inflexible to right or left. But for God's sake get us relieved from this dreadful drudgery of refusal. Affectionate salutations.
December 20, 1808.
The case of the schooner Concord, sold by J. Bell of Petersburg, to M. W. Hancock of Richmond.
I think it may be concluded from the letters of Hancock and the collector, that the purchase of the schooner has been abonâ fideone; but it is not even alleged that he has purchased the cargo, but it appears on the contrary that Bell has the same concern in that as before. As, where a person has once evaded the embargo laws, we consider all subsequent shipments and proposed voyages by him to be with the fraudulent intention; the present shipment of the cargo of tobacco, before refused, being still the concern of Bell, must of course be still suspicious, and refused a permit. But the request of the purchaser of the schooner, that, after taking out the cargo, he may have a clearance for her to go in ballast to the district of Richmond, may be granted.
December 22, 1808.
The answer to the petition of Percival and others, praying that they may be permitted to send a vessel or vessels to take up their men from the desolate islands of the Indian Ocean, and thence to proceed on a trading voyage to Canton, &c., cannot but be a thing of course, that days having been publicly announced after which no permissions to send vessels to bring home property would be granted, which days are past long since, and the rule rigorously adhered to, it cannot now be broken through. If Congress continue the power, it will show that they mean it shall be exercised, and we may then consider on what new grounds permissions may be granted. Affectionate salutations.
Washington, December 22, 1808.
Dear Sir,—I always consider it as the most friendly office which can be rendered me, to be informed of anything which is going amiss, and which I can remedy. I had known that there had been a very blamable failure in the clothing department, which had not become known so as to be remedied till the beginning of October; but I had believed that the remedy had then been applied with as much diligence as the case admitted. After the suggestions from General Smith and Mr. Giles the other day, I made inquiry into the fact, and have received the enclosed return, which will show exactly what has been done. Can I get the favor of you to show it to General Smith and Mr. Giles, to whom I am sure it will give as much satisfaction as to myself, and to re-enclose it to me? I salute you and them with sincere friendship and respect.
Washington, December 22, 1808.
Sir,—By the treaty of 1803, we obtained from the Kaskaskias the country as far as the ridge dividing the waters of the Kaskaskias from those of the Illinois River; by the treaty of 1804, with the Sacs and Foxes, they ceded to us from the Illinois to the Ouisconsin. Between these two cessions is a gore of country, to wit, between the Illinois River and Kaskaskias line, which I understand to have belonged to the Piorias, and that that tribe is now extinct; if both these facts be true, we succeed to their title by our being proprietors paramount of the whole country. In this case it is interesting to settle our boundary with our next neighbors the Kickapoos. Where their western boundary is, I know not; but they cannot come lower down the Illinois River than the Illinois Lake, on which stood the old Pioria fort, and perhaps not so low. The Kickapoos are bounded to the south-east, Ipresume, by the ridge between the waters of the Illinois and Wabash, to which the Miamis claim, and north-east by the Pottewatamies. Of course it is with the Kickapoos alone we have to settle a boundary. I would therefore recommend to you to take measures for doing this. You will of course first endeavor with all possible caution to furnish yourself with the best evidence to be had, of the real location of the south-west boundary of the Kickapoos, and then endeavor to bring them to an acknowledgment of it formally, by a treaty of limits. If it be nothing more, the ordinary presents are all that will be necessary, but if they cede a part of their own country, then a price proportioned will be proper. In a letter to you of February 27th, 1803, I mentioned that I had heard there was still one Pioria man living, and that a compensation making him easy for life should be given him, and his conveyance of the country by a regular deed be obtained. If there be such a man living, I think this should still be done. The ascertaining the line between the Kickapoos and us is now of importance, because it will close our possessions on the hither bank of the Mississippi from the Ohio to the Ouisconsin, and give us a broad margin to prevent the British from approaching that river, on which, under color of their treaty, they would be glad to hover, that they might smuggle themselves and their merchandise into Louisiana. Their treaty can only operate on the country so long as it is Indian; and in proportion as it becomes ours exclusively, their ground is narrowed. It makes it easier too for us to adopt on this side of the Mississippi a policy we are beginning on the other side, that of permitting no traders, either ours or theirs, to go to the Indian towns, but oblige them all to settle and be stationary at our factories, where we can have their conduct under our observation and control. However, our first object must be to blockade them from the Mississippi, and to this I ask the favor of your attention; and salute you with great friendship and respect.
Washington, December 25, 1808.
Dear Sir,—I return you Doctor Maese's letter, which a pressure of business has occasioned me to keep too long. I think an account of the manufactures of Philadelphia would be really useful, and that the manufactures of other places should be added from time to time, as information of them should be received. To give a perfect view of the whole, would require a report from every county or township of the United States. Perhaps the present moment would be premature, as they are, in truth, but just now in preparation. The government could not aid the publication by the subscription suggested by Doctor Maese, without a special law for it. All the purposes for which they can pay a single dollar, are specified by law. The advantage of the veterinary institution proposed, may perhaps be doubted. If it be problematical whether physicians prevent death where the disease, unaided, would have terminated fatally,—oftener than they produce it, where order would have been restored to the system by the process, if uninterrupted, provided by nature, and in the case of a man who can describe the seat of his disease, its character, progress, and often its cause, what might we expect in the case of the horse,—mute, &c., yielding no sensible and certain indications of his disease? They have long had these institutions in Europe; has the world received as yet one iota of valuable information from them? If it has, it is unknown to me. At any rate, it may be doubted whether, where so many institutions of obvious utility are yet wanting, we should select this one to take the lead. I return you Gibbon, with thanks. I send you, also, for your shelf of pamphlets, one which gives really a good historical view of our funding system, and of federal transactions generally, from an early day to the present time. I salute you with friendship and respect.
Washington, December 25, 1808.
I thank you, my dear and ancient friend, for the two volumes of your translation, which you have been so kind as to send me. I have dipped into it at the few moments of leisure which my vocations permit, and I perceive that I shall use it with great satisfaction on my return home. I propose there, among my first employments, to give to the Septuagint an attentive perusal, and shall feel the aid you have now given me. I am full of plans of employment when I get there,—they chiefly respect the active functions of the body. To the mind I shall administer amusement chiefly. An only daughter and numerous family of grandchildren, will furnish me great resources of happiness. I learn with sincere pleasure that you have health and activity enough to have performed the journey to and from Lancaster without inconvenience. It has added another proof that you are not wearied with well-doing. Although I have enjoyed as uniform health through life as reason could desire, I have no expectation that, even if spared to your age, I shall at that period be able to take such a journey. I am already sensible of decay in the power of walking, and find my memory not so faithful as it used to be. This may be partly owing to the incessant current of new matter flowing constantly through it; but I ascribe to years their share in it also. That you may be continued among us to the period of your own wishes, and that it may be filled with continued health and happiness, is the sincere prayer of your affectionate friend.
December 27, 1808.
The enclosed petition, from Deville, was handed me by Gen. Turreau. I told him at once it was inadmissible; that days had been long ago announced, after which no vessel would be permitted to depart; that in favor of emigrants we had continuedindulgences till very lately; but as there must be an end to it, that time had come, and we had determined to give no more permissions. They had had a complete year to depart, and had not availed themselves of it. He appeared satisfied, and perhaps will himself give the answer. However, an answer of the above purport may be given from your office. I have referred the case of the British boats to the Attorney General for his opinion. Affectionate salutations.
Washington, December 27, 1808.
Dear Sir,—Your favor of the 8th, by Mr. Cunow, was duly received, and I now return you the letter it covered. Mr. Cunow's object was so perfectly within our own views, that it was readily obtained, and I am in hopes he has left us with a more correct opinion of the dispositions of the administration than his fraternity has generally manifested. I have within a few days had visits from the Pottowatamies, Miamis, Chippewas, Delawares, and Cherokees, and there arrived some yesterday, of, I believe, the Ottoways, Wiandots, and others of that neighborhood. Our endeavors are to impress on them all profoundly, temperance, peace, and agriculture; and I am persuaded they begin to feel profoundly the soundness of the advice.
Congress seems as yet to have been able to make up no opinion. Some are for taking off the embargo before they separate; others not till their meeting next autumn; but both with a view to substitute war, if no change takes place with the powers of Europe. A middle opinion is to have an extra session in May, to come then to a final decision. I have thought it right to take no part myself in proposing measures, the execution of which will devolve on my successor. I am therefore chiefly an unmeddling listener to what others say. On the same ground, I shall make no new appointments which can be deferred till the 4th of March, thinking it fair to leave to my successor to selectthe agents for his own administration. As the moment of my retirement approaches, I become more anxious for its arrival, and to begin at length to pass what yet remains to me of life and health in the bosom of my family and neighbors, and in communication with my friends, undisturbed by political concerns or passions. Permit me to avail myself of this occasion to assure Mrs. Logan and yourself of my continued friendship and attachment, and that I shall ever be pleased to hear of your happiness and prosperity, saluting you both with affection and respect.
December 28, 1808.
I enclose you the petition of Jacob Smith of Newport, in the case of the ship Triumph, which is a new case to me. Perhaps the practice as to foreign ships arriving since the embargo laws, with which I am unacquainted, may facilitate the solution. What should be done?
The Atalanta.
Is not the collector the person who is to search into the fact charged? I do not know who it is that does this in case of seizure. However, I will send the case to Mr. Smith.
The petition of Manuel Valder for a vessel to carry off Spanish subjects, is rejected.
The cases from St. Mary are really embarrassing. I sent the papers to Mr. Madison to ask his opinion. He had read only one when he called on me this morning. He seemed strongly of opinion that it would be most advisable to send some person to the Governor of East Florida, to enter into some friendly arrangements with him. He has the papers still under consideration; in the meantime we may consider as further means, how it might do to destroy all boats and canoes on our side the river, paying for them? To arrest impression, and bring to regular trial every negro taken in the act of violating the laws? This for mere consideration. Affectionate salutations.