The Writings of Thomas Jefferson, Vol. 5 (of 9)

TO THE SECRETARY OF THE TREASURY

Monticello, July 25,1808.

Dear Sir,—I enclose you the petition of Somes, to do in it whatever is agreeable to general rule.

Punqua Winchung, the Chinese Mandarin, has, I believe, his head quarters at New York, and therefore his case is probably known to you. He came to Washington just as I had left it, and therefore wrote to me, praying permission to depart for his own country with his property, in a vessel to be engaged by himself. I enclose you Mr. Madison's letter, which contains everything I know on the subject. I consider it as a case of national comity, and coming within the views of the first section of the first embargo act. The departure of this individual with good dispositions, may be the means of making our nation known advantageously at the source of power in China, to which it is otherwise difficult to convey information. It may be of sensible advantage to our merchants in that country. I cannot therefore but consider that a chance of obtaining a permanent national good should overweigh the effect of a single case taken out of the great field of the embargo. The case, too, is so singular, that it can lead to no embarrassment as a precedent.

I think, therefore, he should be permitted to engage a vessel to carry himself and his property, under such cautions and recommendations to him as you shall think best.

I leave it therefore to yourself to direct all the necessary details without further application to me, and for this purpose send you a blank passport for the vessel, &c., and Mr. Graham will obtain and forward you passports from the foreign ministers here. I salute you with affection and respect.

TO MR. BIBB

Monticello, July 28, 1808.

Sir,—I received duly your favor of July 1st, covering an offer of Mr. McDonald of an iron mine to the public, and I thank you for taking the trouble of making the communication, as it might have its utility. But having always observed that public works are much less advantageously managed than the same are by private hands, I have thought it better for the public to go to market for whatever it wants which is to be found there; for there competition brings it down to the minimum of value. I have no doubt we can buy brass cannon at market cheaper than we could make iron ones. I think it material too, not to abstract the high executive officers from those functions which nobody else is charged to carry on, and to employ them in superintending works which are going on abundantly in private hands. Our predecessors went on different principles; they bought iron mines, and sought for copper ones. We own a mine at Harper's Ferry of the finest iron ever put into a cannon, which we are afraid to attempt to work. We have rented it heretofore, but it is now without a tenant.

We send a vessel to France and England every six weeks, for the purposes of public as well as mercantile correspondence. These the public papers are in the habit of magnifying into special missionaries for great and special purposes. It is true that they carry our public despatches, whether the subject of the day happens to be great or small. The Osage was one of these; but she was charged with nothing more than repetitions of instructions to our ministers not to cease in their endeavors to have the obnoxious orders and decrees repealed. She brought not a tittle of the least interest. The St. Michael was another of these vessels, and may now be expected in a few days. The schooner Hope was a third, and sailed a few days ago. She may be expected a fortnight before Congress meets, and our ministers are apprized that whatsoever the belligerent powers mean to do, must be done before that time, as on the state of things then existing and known to us, Congress will have to act. I return the letter of Mr. McDonald, as it may be useful for other purposes, and salute you with esteem and respect.

TO THE SECRETARY OF THE TREASURY

Monticello, July 29, 1808.

Dear Sir,—I enclose you a letter of information of what is passing on the Canada line. To prevent it is, I suppose, beyond our means, but we must try to harass the unprincipled agents, and punish as many as we can.

I transmit, also, the petition of Tyson and James, millers of Baltimore, for permission to send a load of flour to New Orleans, to direct in it what is regular, for I do not see any circumstance in the case sufficiently peculiar to take it out of the rule. If their views are honest, as I suppose them to be, it would be a great relief to them to be permitted, by giving bond for an increased valuation, to send their flour to its destination, and equal relief to us from these tormenting applications. Yet, as the other gentlemen seemed not satisfied that it would be legal, I would not have it done on my own opinion alone, however firmly I am persuaded of its legality. Could you not in the way of conversation with some of the sound lawyers of New York, find what would be then primâ facie opinion, and if encouraged by that, we may take the opinion of the Attorney General, and others. The questions to be solved are,—first: To what place should the valuation refer? and second: Would too high a valuation render the bond null in law? On the first, I observe that the law says that bond shall be given in double the value, &c., without saying whether its value here, or at the place of sale, is meant; that, generally speaking, its value here would be understood; but that whenever the words of a law will bear two meanings, one of which will give effect to the law, and the other will defeat it, the former must be supposed to have been intended by the Legislature, because they could not intend that meaning, which would defeat their intention, in passing that law; and in a statute, as in a will, the intention of the party is to be sought after. On the second point we would ask, who is to value the cargo on which the bond is to be taken? Certainly the collector, either by himself or his agents. When the bond is put in suit it must be recovered. Neither judge nor jury can go into the question of the value of the cargo. If anybody could, it would be the chancellor; but his maxim is never to lend his power in support of fraud or wrong. The common law could only give a remedy on an action for damages, as, for instance, if a collector, by requiring too large security, prevents a party from clearing out, damages might be recovered. But in the case in question, the consent of the party would take away the error, and besides, as the voyage takes place, no damages for preventing it can be recovered. These are general considerations to be brought into view in such a conversation, which, indeed would occur to every lawyer who turned his mind to the subject at all. It would be a most important construction for the relief of the honest merchant, to whom the amount of bond is important, and to us, also, in the execution of the law; and I think its legality far more defensible than that of limiting the provisions to one-eighth of the cargo. My situation in the country gives me no opportunity to consult lawyers of the first order. Should such occur, however, I will avail myself of them.

I salute you affectionately.

TO THE SECRETARY OF STATE

Monticello, July 29, 1808.

Dear Sir,—The passport for the Leonidas goes by this post, to the collector of Norfolk. I return you Jarvis', Hackley's, and Montgomery's letters, and send you Hull's, Hunt's, Clarke's, and Mr. Short's, for perusal, and to be returned. On this last, the following questions arise: When exactly shall the next vessel go? Whence? Is not the secrecy of the mission essential? Is it not the very ground of sending it while the Senate is not sitting, in order that it may be kept secret? I doubt the expediency of sending one of our regular armed vessels. If we do, she should go to Petersburg direct. And yet may there not be advantage in conferences between S. and A.? I have signed the commission and letter of credence, and now enclose them. Yet I must say I think the latter is very questionable indeed, in point of property. It says that the Minister is to reside near his person; but whether we should establish it at once into a permanent legation is much to be doubted, and especially in a recess of the Senate. I should think it better to express purposes something like the following: "to bear to your Imperial Majesty the assurances of the sincere friendship of the United States, and of their desire to maintain with your Majesty and your subjects the strictest relations of intercourse and commerce; to explain to your Majesty the position of the United States, and the considerations flowing from that which should keep them aloof from the contests of Europe; to assure your Majesty of their desire to observe a faithful and impartial neutrality, if not forced from that line by the wrongs of the belligerents; and to express their reliance that they will be befriended in these endeavors by your Majesty's powerful influence and friendship towards these States." This is hasty,—it is too long, and neither the expressions nor thoughts sufficiently accurate; but something of this kind, more concise and correct, may be formed, leaving the permanency of the mission still in our power.

There is no doubt but that the transaction at New Orleans, between Ortega and the British officer with the prize sloop Guadaloupe, has been a mere fraud, to evade our regulation against the sale of prizes in our harbors; and his insolent letter intended merely to cover the fraud. His ready abandonment of the vessel, and Ortega's resumption of her, are clear proofs. Should not, or could not, process be ordered against Ortega and the vessel? I think a copy of Reeve's letter to Governor Claiborne, and of the proceedings of the court, might be sent to Mr. Erskine, with proper observations on this double outrage, and an intimation that the habitual insolence of their officers may force us to refuse them an asylum, even when seeking it in real distress, if the boon is to be abused as it has been by this insolent and dishonest officer. And as it is very possible the rascal may push his impostures to the making complaint to his government, this step with Mr. Erskine may anticipate it.

I salute you with sincere and constant affection.

TO THE SECRETARY AT WAR

Monticello, August 5, 1808.

Dear Sir,—I enclose you a letter from the Path-killer and others of the Cherokees, the object of which I do not precisely see. I suppose they are of Van's party. The sentiments are unquestionably those of a white man.

Sibley's letters present a disagreeable view. It will be troublesome if we are once compelled to use acts of force against those people. It is the more difficult as we should have to pursue them into the country beyond the Sabine, on which an understanding with the Spaniards would be necessary. But what is the meaning of our not pursuing deserters over the Rio Hondo? I thought we had so far settled that matter, as that it was understood by the Spaniards that until a final settlement of boundary, the Sabine was to be that to which each was to exercise jurisdiction. On the same principles ought we not immediately to suppress this new appointment of a Spanish Alcalde at Bayou Pierre? I ask this for information, because I do not precisely recollect what we finally intended as to Bayou Pierre, and I have not the papers here. I suppose the trial and punishment of the guilty Alibamas, and Sibley's reclamations with the tribe for reparation, will give us time till we meet to consider what is to be done. Has any and what step been taken for the recovery of Pike's men?

Governor Lewis' letter offers something more serious. The only information I have on the subject, is his letter to Governor Harrison in a newspaper, which I cut out and enclose you. The retirement of White Hairs to St. Louis is strong proof that the case is serious. As they are at war with all nations, and in order to protect them we have been endangering our peace and friendship with the other nation, would not our best course be to inform all those nations that, however desirous we have been of promoting peace among them, and however earnest our endeavors have been to restore friendship between them and the Osages particularly, we have found it impossible to bring that nation to a just and peaceable conduct towards others? That therefore we withdraw ourselves from before them, and leave them to be freely attacked and destroyed by all those who have cause of war against them? Would such a written message from me to the nations at war with them, be advisable? particularly to the Cherokees, Creeks, Chickasaws, and Choctaws, and such northern tribes as are at war with them. I do not recollect those of the latter description. Would it not be advisable to aid their war parties with provisions, and ammunition, and the repairs of their arms at our posts? Will it be necessary to authorize expeditions of militia, or only permit volunteers to join the Indian parties? or shall we leave what respects Militia to Governor Lewis? We shall certainly receive further information soon, but in the meantime I have thought we should turn it in our minds, and interchange ideas on the subject. I shall therefore be glad to hear from you on it. I salute you with constant affection and respect.

TO THE SECRETARY AT WAR

Monticello, August 6, 1808.

Dear Sir,—A complaint has come to me indirectly on the part of the Cadets at West Point, that the promotions in their corps are made on other principles than those of seniority or merit. They do not charge Colonel Williams with an unjust selection by himself, but with leaving the selection to his lieutenant, whose declaration that it was so left to him, they say can be proved. It is stated particularly that a young man from the country, uneducated, and who had been with the corps but three months, and had acquired little there, was lately made an ensign to the prejudice of much superior qualifications. His name was mentioned to me but I have forgotten it. Justice to the officers forbids us to give credit to such imputations till proved; but justice to the corps requires us so far to attend to them as to make them the subject of inquiry; and I presume this was the object of the communication to me. I now mention it to you, because in returning through New York you may have an opportunity of inquiring into it. I am much more inclined to impute to the vanity of the lieutenant the declaration he is said to have made, than to suppose Colonel Williams has really delegated so important a trust to him. I salute you with constant affection.

TO MESSRS. KERR, MOORE, AND WILLIAMS, COMMISSIONERS OF THE WESTERN ROAD

Monticello, August 6, 1808.

Gentlemen,—It has been represented to me on behalf of the inhabitants of the town of Washington in Pennsylvania, that by a survey made at their expense, it is found that the western road, if carried through their town, to Wheeling, would be but a mile longer, would pass through better ground, and be made at less expense; and if carried to Short Creek, instead of Wheeling, the difference of distance would still be less. The principal object of this road is a communication directly westwardly. If, however, inconsiderable deflections from this course will benefit particular places, and better accommodate travellers, these are circumstances to be taken into consideration. I have therefore to desire that, having a regard to the funds which remain, you make as good an examination as they will admit, of the best route through Washington to Wheeling, and also to Short Creek or any other point on the river, offering a more advantageous route towards Chillicothe and Cincinatti, and that you report to me the material facts, with your opinions for consideration. I salute you with respect.

TO THE SECRETARY OF THE TREASURY

Monticello, August 6, 1808.

Dear Sir,—On the subject of the western road, our first error was the admitting a deviation to Brownsville, and thus suffering a first encroachment on its principle. This is made a point d'appui to force a second, and I am told a third holds itself in reserve, so that a few towns in that quarter seem to consider all this expense as undertaken merely for their benefit. I should have listened to these solicitations with more patience, had it not been for the unworthy motives presented to influence me by some of those interested. Sometimes an opposition by force was held up, sometimes electioneering effects, as if I were to barter away, on such motives, a public trust committed to me for a different object. It seems, however, that our first error having made Brownsville, and no longer Cumberland, the point of departure, we must now go no further back in examining the claim of Washington. I have therefore written to the commissioners, the letter of which I enclose you a copy. The time saved by sending it to them direct, may be important, as they may be near their return. I am doubtful whether they have money enough left for a thorough examination. If they have, their report will enable us to decide on this second deflection. But what will Wheeling say if we take the road from it, to give it to Washington? I do not know its size or importance, nor whether some obstacles to navigation may not oppose our crossing at a higher place. I salute you with constant affection.

TO THE SECRETARY AT WAR

Monticello, August 9, 1808.

Dear Sir,—Yours of July 27th is received. It confirms the accounts we receive from others that the infractions of the embargo in Maine and Massachusetts are open. I have removed Pope, of New Bedford, for worse than negligence. The collector of Sullivan is on the totter. The tories of Boston openly threaten insurrection if their importation of flour is stopped. The next post will stop it. I fear your Governor is not up to the tone of these parricides, and I hope, on the first symptom of an open opposition of the law by force, you will fly to the scene and aid in suppressing any commotion.

I enclose you the letter of Captain Dillard, recommending Walter Bourke for appointment. I know nothing of the writers of any of the letters except Thore, Jones, and Thweat, who are good men. I like Meigs' scheme with the Cherokees, and would wish it success. But will Congress give such a sum of money. The message of the Creek Chief is so far satisfactory, that I think we should give them time. Could we engage them to assist us in destroying the guilty banditti? The letter enclosed from Cuthbert to Mr. Madison, on the means of taking Quebec, is worthy notice, and I wish you could, before your return, have an interview with him. Your office, and receipt of the letter from me, will give confidence to his communications. We have letters from Mr. Pinckney to May 30, but not one word interesting. Present me respectfully to Mrs. Dearborne, and accept my affectionate salutations.

TO THE SECRETARY OF THE TREASURY

Monticello, August 9, 1808.

Dear Sir,—I enclose you, for your information, letters from General Dearborne, P. D. Sargent, and Elisha Tracey, on the infractions of the embargo, and their ideas on the means of remedy.

I pass them through the hands of the Secretary of the Navy, with a request that he will, in concert with you, give all the aid for the enforcement of the law which his department can afford. I think the conduct of Jordan, at Sullivan, should be inquired into, with a view to his removal if found either undisposed or negligent. Indeed, the distance of his residence, if it be fact, renders it impossible he should even sufficiently superintend the due execution of the duties of his office.

We have letters from Mr. Pinckney of the 30th of May, but containing not one interesting word. If England should be disposed to continue peace with us, and Spain gives to Bonaparte the occupation she promises, will not the interval be favorable for our reprisals on the Floridas for the indemnifications withheld. Before the meeting of Congress we shall see further. I salute you with affection and respect.