Chapter XXII: Part III: Continued (21)

MY LORD,--I received, through the hands of Mr. Lenox, on his return to the United States, the valuable volume you were so good as to send me on the life and writings of Fletcher, of Saltoun. The political principles of that patriot were worthy the purest periods of the British Constitution; they are those which were in vigor at the epoch of the American emigration. Our ancestors brought them here, and they needed little strengthening to make us what we are. But in the weakened condition of English whigism at this day, it requires more firmness to publish and advocate them than it then did to act on them. This merit is peculiarly your Lordship's; and no one honors it more than myself. While I freely admit the right of a nation to change its political principles and constitution at will, and the impropriety of any but its own citizens censuring that change, I expect your Lordship has been disappointed, as I acknowledge I have been, in the issue of the convulsions on the other side the channel. This has certainly lessened the interest which the philanthropist warmly felt in those struggles. Without befriending human liberty, a gigantic force has risen up which seems to threaten the world. But it hangs on the thread of opinion, which may break from one day to another. I feel real anxiety on the conflict to which imperious circumstances seem to call your nation, and bless the Almighty Being, who, in gathering together the waters under the heavens into one place, divided the dry land of your hemisphere from the dry lands of ours, and said, at least be there peace. I hope that peace and amity with all nations will long be the character of our land, and that its prosperity under the Charter will react on the mind of Europe, and profit her by the example. My hope of preserving peace for our country is not founded in the greater principles of non-resistance under every wrong, but in the belief that a just and friendly conduct on our part will procure justice and friendship from others. In the existing contest, each of the combatants will find an interest in our friendship. I cannot say we shall be unconcerned spectators of this combat. We feel for human sufferings, and we wish the good of all. We shall look on, therefore, with the sensations which these dispositions and the events of the war will produce.

I feel a pride in the justice which your Lordship's sentiments render to the character of my illustrious countryman, Washington. The moderation of his desires, and the strength of his judgment, enabled him to calculate correctly, that the road to that glory which never dies is to use power for the support of the laws and liberties of our country, not for their destruction; and his will accordingly survives the wreck of everything now living.

Accept, my lord, the tribute of esteem, from one who renders it with warmth to the disinterested friend of mankind, and assurances of my high consideration and respect.

TO GENERAL GATES.

WASHINGTON, July 11, 1803.

DEAR GENERAL,--I accept with pleasure, and with pleasure reciprocate your congratulations on the acquisition of Louisiana; for it is a subject of mutual congratulation, as it interests every man of the nation. The territory acquired, as it includes all the waters of the Missouri and Mississippi, has more than doubled the area of the United States, and the new parts is not inferior to the old in soil, climate, productions and important communications. If our Legislature dispose of it with the wisdom we have a right to expect, they may make it the means of tempting all our Indians on the east side of the Mississippi to remove to the west, and of condensing instead of scattering our population. I find our opposition is very willing to pluck feathers from Monroe, although not fond of sticking them into Livingston's coat. The truth is, both have a just portion of merit; and were it necessary or proper, it would be shown that each has rendered peculiar services, and of important value. These grumblers, too, are very uneasy lest the administration should share some little credit for the acquisition, the whole of which they ascribe to the accident of war. They would be cruelly mortified could they see our files from May, 1801, the first organization of the administration, but more especially from April, 1802. They would see, that though we could not say when war would arise, yet we said with energy what would take place when it should arise. We did not, by our intrigues, produce the war; but we availed ourselves of it when it happened. The other party saw the case now existing, on which our representations were predicated, and the wisdom of timely sacrifice. But when these people make the war give us everything, they authorize us to ask what the war gave us in their day? They had a war; what did they make it bring us? Instead of making our neutrality the ground of gain to their country, they were for plunging into the war. And if they were now in place, they would now be at war against the atheists and disorganizers of France. They were for making their country an appendage to England. We are friendly, cordially and conscientiously friendly to England. We are not hostile to France. We will be rigorously just and sincerely friendly to both. I do not believe we shall have as much to swallow from them as our predecessors had.

* * * * *

Present me respectfully to Mrs. Gates, and accept yourself my affectionate salutations, and assurances of great respect and esteem.

TO M. CABANIS.

WASHINGTON, July 12, 1803.

DEAR SIR,--I lately received your friendly letter of 28 Vendem. an. 11, with the two volumes on the relations between the physical and moral faculties of man. This has ever been a subject of great interest to the inquisitive mind, and it could not have got into better hands for discussion than yours. That thought may be a faculty of our material organization, has been believed in the gross; and though the "modus operandi" of nature, in this, as in most other cases, can never be developed and demonstrated to beings limited as we are, yet I feel confident you will have conducted us as far on the road as we can go, and have lodged us within reconnoitering distance of the citadel itself. While _here_, I have time to read nothing. But our annual recess for the months of August and September is now approaching, during which time I shall be at the Montrials, where I anticipate great satisfaction in the presence of these volumes. It is with great satisfaction, too, I recollect the agreeable hours I have past with yourself and M. de La Roche, at the house of our late excellent friend, Madame Helvetius, and elsewhere; and I am happy to learn you continue your residence there. Antevil always appeared to me a delicious village, and Madame Helvetius's the most delicious spot in it. In those days how sanguine we were! and how soon were the virtuous hopes and confidence of every good man blasted! and how many excellent friends have we lost in your efforts towards self-government, _et cui bono?_ But let us draw a veil over the dead, and hope the best for the living. If the hero who has saved you from a combination of enemies, shall also be the means of giving you as great a portion of liberty as the opinions, habits and character of the nation are prepared for, progressive preparation may fit you for progressive portions of that first of blessings, and you may in time attain what we erred in supposing could be hastily seized and maintained, in the present state of political information among your citizens at large. In this way all may end well.

You are again at war, I find. But we, I hope, shall be permitted to run the race of peace. Your government has wisely removed what certainly endangered collision between us. I now see nothing which need ever interrupt the friendship between France and this country. Twenty years of peace, and the prosperity so visibly flowing from it, have but strengthened our attachment to it, and the blessings it brings, and we do not despair of being always a peaceable nation. We think that peaceable means may be devised of keeping nations in the path of justice towards us, by making justice their interest, and injuries to react on themselves. Our distance enables us to pursue a course which the crowded situation of Europe renders perhaps impracticable there.

Be so good as to accept for yourself and M. de La Roche, my friendly salutations, and assurances of great consideration and respect.

TO DANIEL CLARKE, ESQ.

WASHINGTON, July 17, 1803.

DEAR SIR,--You will be informed by a letter from the Secretary of State of the terms and the extent of the cession of Louisiana by France to the United States, a cession which I hope will give as much satisfaction to the inhabitants of that province as it does to us, and the more as the title being lawfully acquired and with consent of the power conveying, can never be hereafter reclaimed under any pretense of force. In order to procure a ratification in good time, I have found it necessary to convene Congress as early as the 17th of October. It is essential that before that period we should obtain all the information respecting the province which may be necessary to enable Congress to make the best arrangements for its tranquillity, security and government. It is only on the spot that this information can be obtained, and to obtain it there, I am obliged to ask your agency; for this purpose I have proposed a set of questions, now enclosed, answers to which in the most exact terms practicable, I am to ask you to procure. It is probable you may be able to answer some of them yourself; however, it will doubtless be necessary for you to distribute them among the different persons best qualified to answer them respectively. As you will not have above six weeks, from the receipt of them till they should be sent off to be here by the meeting of Congress, it will be the more necessary to employ different persons on different parts of them. This is left to your own judgment, and your best exertions to obtain them in time are desired. You will be so good as to engage the persons who undertake them, to complete them in time, and to accept such recompense as you shall think reasonable, which shall be paid on your draft on the Secretary of State. We rely that the friendly dispositions of the Spanish government will give such access to the archives of the province as may facilitate information, equally desirable by Spain on parting with her ancient subjects, as by us on receiving them. This favor therefore will, I doubt not, be granted on your respectful application.

Accept my salutations and assurances of esteem and respect.

TO MR. BRECKENRIDGE.

MONTICELLO, August 12, 1803.

DEAR SIR,--The enclosed letter, though directed to you, was intended to me also, and was left open with a request, that when forwarded, I would forward it to you. It gives me occasion to write a word to you on the subject of Louisiana, which being a new one, an interchange of sentiments may produce correct ideas before we are to act on them.

Our information as to the country is very incomplete; we have taken measures to obtain it full as to the settled part, which I hope to receive in time for Congress. The boundaries, which I deem not admitting question, are the high lands on the western side of the Mississippi enclosing all its waters, the Missouri of course, and terminating in the line drawn from the northwestern point of the Lake of the Woods to the nearest source of the Mississippi, as lately settled between Great Britain and the United States. We have some claims, to extend on the sea coast westwardly to the Rio Norte or Bravo, and better, to go eastwardly to the Rio Perdido, between Mobile and Pensacola, the ancient boundary of Louisiana. These claims will be a subject of negotiation with Spain, and if, as soon as she is at war, we push them strongly with one hand, holding out a price in the other, we shall certainly obtain the Floridas, and all in good time. In the meanwhile, without waiting for permission, we shall enter into the exercise of the natural right we have always insisted on with Spain, to wit, that of a nation holding the upper part of streams, having a right of innocent passage through them to the ocean. We shall prepare her to see us practise on this, and she will not oppose it by force.

Objections are raising to the eastward against the vast extent of our boundaries, and propositions are made to exchange Louisiana, or a part of it, for the Floridas. But, as I have said, we shall get the Floridas without, and I would not give one inch of the waters of the Mississippi to any nation, because I see in a light very important to our peace the exclusive right to its navigation, and the admission of no nation into it, but as into the Potomac or Delaware, with our consent and under our police. These federalists see in this acquisition the formation of a new confederacy, embracing all the waters of the Mississippi, on both sides of it, and a separation of its eastern waters from us. These combinations depend on so many circumstances which we cannot foresee, that I place little reliance on them. We have seldom seen neighborhood produce affection among nations. The reverse is almost the universal truth. Besides, if it should become the great interest of those nations to separate from this, if their happiness should depend on it so strongly as to induce them to go through that convulsion, why should the Atlantic States dread it? But especially why should we, their present inhabitants, take side in such a question? When I view the Atlantic States, procuring for those on the eastern waters of the Mississippi friendly instead of hostile neighbors on its western waters, I do not view it as an Englishman would the procuring future blessings for the French nation, with whom he has no relations of blood or affection. The future inhabitants of the Atlantic and Mississippi States will be our sons. We leave them in distinct but bordering establishments. We think we see their happiness in their union, and we wish it. Events may prove it otherwise; and if they see their interest in separation, why should we take side with our Atlantic rather than our Mississippi descendants? It is the elder and the younger son differing. God bless them both, and keep them in union, if it be for their good, but separate them, if it be better. The inhabited part of Louisiana, from Point Coupée to the sea, will of course be immediately a territorial government, and soon a State. But above that, the best use we can make of the country for some time, will be to give establishments in it to the Indians on the east side of the Mississippi, in exchange for their present country, and open land offices in the last, and thus make this acquisition the means of filling up the eastern side, instead of drawing off its population. When we shall be full on this side, we may lay off a range of States on the western bank from the head to the mouth, and so, range after range, advancing compactly as we multiply.

This treaty must of course be laid before both Houses, because both have important functions to exercise respecting it. They, I presume, will see their duty to their country in ratifying and paying for it, so as to secure a good which would otherwise probably be never again in their power. But I suppose they must then appeal to _the nation_ for an additional article to the Constitution, approving and confirming an act which the nation had not previously authorized. The Constitution has made no provision for our holding foreign territory, still less for incorporating foreign nations into our Union. The executive in seizing the fugitive occurrence which so much advances the good of their country, have done an act beyond the Constitution. The Legislature in casting behind them metaphysical subtleties, and risking themselves like faithful servants, must ratify and pay for it, and throw themselves on their country for doing for them unauthorized, what we know they would have done for themselves had they been in a situation to do it. It is the case of a guardian, investing the money of his ward in purchasing an important adjacent territory; and saying to him when of age, I did this for your good; I pretend to no right to bind you: you may disavow me, and I must get out of the scrape as I can: I thought it my duty to risk myself for you. But we shall not be disavowed by the nation, and their act of indemnity will confirm and not weaken the Constitution, by more strongly marking out its lines.

We have nothing later from Europe than the public papers give. I hope yourself and all the western members will make a sacred point of being at the first day of the meeting of Congress; for _vestra res regitur_.

Accept my affectionate salutations and assurances of esteem and respect.

TO THE SECRETARY OF STATE.

MONTICELLO, August 25, 1803.

DEAR SIR,--Your two favors of the 18th and 20th were received on the 21st. The letters of Livingston and Monroe were sent to Mr. Gallatin as you proposed. That of Simpson to Mr. Smith for the purpose of execution. All of them will be returned. Thornton's, Clarke's, Charles's, Picnau's, Appleton's, Davis's, Newton's, and Dericure's letters are now enclosed. With respect to the impressment of our seamen I think we had better propose to Great Britain to act on the stipulations which had been agreed to between that Government and Mr. King, as if they had been signed. I think they were, that they would forbid impressments at sea, and that we should acquiesce in the search in their harbors necessary to prevent concealments of their citizens. Mr. Thornton's attempt to justify his nation in using our ports as cruising stations on our friends and ourselves, renders the matter so serious as to call, I think, for answer. That we ought, in courtesy and friendship, to extend to them all the rights of hospitality is certain, that they should not use our hospitality to injure our friends or ourselves is equally enjoined by morality and honor. After the rigorous exertions we made in Genet's time to prevent this abuse on his part, and the indulgencies extended by Mr. Adams to the British cruisers even after our pacification with France, by ourselves also from an unwillingness to change the course of things as the war was near its close, I did not expect to hear from that quarter charges of partiality. In the Mediterranean we need ask from no nation but the permission to refresh and repair in their ports. We do not wish our vessels to lounge in their ports. In the case at Gibraltar, if they had disapproved, our vessels ought to have left the port. Besides, although nations have treated with the piratical States, they have not, in malice, ever been considered as entitled to all the favors of the laws of nations. Thornton says they watch our trade only to prevent contraband. We say it is to plunder under pretext of contraband, for which, though so shamefully exercised, they have given us no satisfaction but by confessing the fact in new modifying their courts of Admiralty. Certainly the evils we experience from it, and the just complaints which France may urge, render it indispensable that we restrain the English from abusing the rights of hospitality to their prejudice as well as our own.

Graham's letter manifests a degree of imprudence, which I had not expected from him. His pride has probably been hurt at some of the regulations of that court, and has had its part in inspiring the ill temper he shows. If you understand him as serious in asking leave to return, I see no great objection to it. At the date of your letter you had not received mine on the subject of Dovieux's claim. I still think the limits therein stated reasonable. I think a guinea a day till he leaves Washington would be as low an allowance as we could justify, and should not be opposed to anything not exceeding the allowance to Dawson. Fix between these as you please. I suppose Monroe will touch on the limits of Louisiana only incidentally, inasmuch as its extension to Perdido curtails Florida, and renders it of less worth. I have used my spare moments to investigate, by the help of my books here, the subject of the limits of Louisiana. I am satisfied our right to the Perdido is substantial, and can be opposed by a quibble on form only; and our right westwardly to the Bay of St. Bernard, may be strongly maintained. I will use the first leisure to make a statement of the facts and principles on which this depends. Further reflection on the amendment to the Constitution necessary in the case of Louisiana, satisfies me it will be better to give general powers, with specified exceptions, somewhat in the way stated below. Mrs. Madison promised us a visit about the last of this month. I wish you could have met with General Page here, whom, with his family, I expect in a day or two, and will pass a week with us. But in this consult your own convenience, as that will increase the pleasure with which I shall or may see you here. Accept my affectionate salutations and constant attachment.

P. S. Louisiana, as ceded by France to the United States, is made a part of the United States. Its white inhabitants shall be citizens, and stand, as to their rights and obligations, on the same footing with other citizens of the United States in analogous situations.

Save only that as to the portion thereof lying north of the latitude of the mouth of Oreansa river, no new State shall be established, nor any grants of land made therein, other than to Indians, in exchange for equivalent portions of land occupied by them, until amendment to the Constitution shall be made for these purposes.

Florida also, whensoever it may be rightfully obtained, shall become a part of the United States. Its white inhabitants shall thereupon be citizens, and shall stand, as to their rights and obligations, on the same footing with other citizens of the United States in analogous circumstances.

TO LEVI LINCOLN.

MONTICELLO, August 30, 1803.

DEAR SIR,--The enclosed letter came to hand by yesterday's post. You will be sensible of the circumstances which make it improper that I should hazard a formal answer, as well as of the desire its friendly aspect naturally excites, that those concerned in it should understand that the spirit they express is friendly viewed. You can judge also from your knowledge of the ground, whether it may be usefully encouraged. I take the liberty, therefore, of availing myself of your neighborhood to Boston, and of your friendship to me, to request you to say to the captain and others verbally whatever you think would be proper, as expressive of my sentiments on the subject. With respect to the day on which they wish to fix their anniversary, they may be told, that disapproving myself of transferring the honors and veneration for the great birthday of our republic to any individual, or of dividing them with individuals, I have declined letting my own birthday be known, and have engaged my family not to communicate it. This has been the uniform answer to every application of the kind.

On further consideration as to the amendment to our Constitution respecting Louisiana, I have thought it better, instead of enumerating the powers which Congress may exercise, to give them the same powers they have as to other portions of the Union generally, and to enumerate the special exceptions, in some such form as the following:

"Louisiana, as ceded by France to the United States, is made a part of the United States, its white inhabitants shall be citizens, and stand, as to their rights and obligations, on the same footing with other citizens of the United States in analogous situations. Save only that as to the portion thereof lying north of an east and west line drawn through the mouth of Arkansas river, no new State shall be established, nor any grants of land made, other than to Indians, in exchange for equivalent portions of land occupied by them, until an amendment of the Constitution shall be made for these purposes.

"Florida also, whensoever it may be rightfully obtained, shall become a part of the United States, its white inhabitants shall thereupon be citizens, and shall stand, as to their rights and obligations, on the same footing with other citizens of the United States, in analogous situations."

I quote this for your consideration, observing that the less that is said about any constitutional difficulty, the better; and that it will be desirable for Congress to do what is necessary, _in silence_. I find but one opinion as to the necessity of shutting up the country for some time. We meet in Washington the 25th of September to prepare for Congress. Accept my affectionate salutations, and great esteem and respect.

TO WILSON C. NICHOLAS.

MONTICELLO, September 7, 1803.

DEAR SIR,--Your favor of the 3d was delivered me at court; but we were much disappointed at not seeing you here, Mr. Madison and the Governor being here at the time. I enclose you a letter from Monroe on the subject of the late treaty. You will observe a hint in it, to do without delay what we are bound to do. There is reason, in the opinion of our ministers, to believe, that if the thing were to do over again, it could not be obtained, and that if we give the least opening, they will declare the treaty void. A warning amounting to that has been given to them, and an unusual kind of letter written by their minister to our Secretary of State, direct. Whatever Congress shall think it necessary to do, should be done with as little debate as possible, and particularly so far as respects the constitutional difficulty. I am aware of the force of the observations you make on the power given by the Constitution to Congress, to admit new States into the Union, without restraining the subject to the territory then constituting the United States. But when I consider that the limits of the United States are precisely fixed by the treaty of 1783, that the Constitution expressly declares itself to be made for the United States, I cannot help believing the intention was not to permit Congress to admit into the Union new States, which should be formed out of the territory for which, and under whose authority alone, they were then acting. I do not believe it was meant that they might receive England, Ireland, Holland, &c. into it, which would be the case on your construction. When an instrument admits two constructions, the one safe, the other dangerous, the one precise, the other indefinite, I prefer that which is safe and precise. I had rather ask an enlargement of power from the nation, where it is found necessary, than to assume it by a construction which would make our powers boundless. Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction. I say the same as to the opinion of those who consider the grant of the treaty making power as boundless. If it is, then we have no Constitution. If it has bounds, they can be no others than the definitions of the powers which that instrument gives. It specifies and delineates the operations permitted to the federal government, and gives all the powers necessary to carry these into execution. Whatever of these enumerated objects is proper for a law, Congress may make the law; whatever is proper to be executed by way of a treaty, the President and Senate may enter into the treaty; whatever is to be done by a judicial sentence, the judges may pass the sentence. Nothing is more likely than that their enumeration of powers is defective. This is the ordinary case of all human works. Let us go on then perfecting it, by adding, by way of amendment to the Constitution, those powers which time and trial show are still wanting. But it has been taken too much for granted, that by this rigorous construction the treaty power would be reduced to nothing. I had occasion once to examine its effect on the French treaty, made by the old Congress, and found that out of thirty odd articles which that contained, there were one, two, or three only which could not now be stipulated under our present Constitution. I confess, then, I think it important, in the present case, to set an example against broad construction, by appealing for new power to the people. If, however, our friends shall think differently, certainly I shall acquiesce with satisfaction; confiding, that the good sense of our country will correct the evil of construction when it shall produce ill effects.

No apologies for writing or speaking to me freely are necessary. On the contrary, nothing my friends can do is so dear to me, and proves to me their friendship so clearly, as the information they give me of their sentiments and those of others on interesting points where I am to act, and where information and warning is so essential to excite in me that due reflection which ought to precede action. I leave this about the 21st, and shall hope the District Court will give me an opportunity of seeing you.

Accept my affectionate salutations, and assurances of cordial esteem and respect.

TO DOCTOR BENJAMIN RUSH.

WASHINGTON, October 4, 1803.

DEAR SIR,--No one would more willingly than myself pay the just tribute due to the services of Captain Barry, by writing a letter of condolence to his widow, as you suggest. But when one undertakes to administer justice, it must be with an even hand, and by rule; what is done for one, must be done for every one in equal degree. To what a train of attentions would this draw a President? How difficult would it be to draw the line between that degree of merit entitled to such a testimonial of it, and that not so entitled? If drawn in a particular case differently from what the friends of the deceased would judge right, what offence would it give, and of the most tender kind? How much offence would be given by accidental inattentions, or want of information? The first step into such an undertaking ought to be well weighed. On the death of Dr. Franklin, the King and Convention of France went into mourning. So did the House of Representatives of the United States: the Senate refused. I proposed to General Washington that the executive department should wear mourning; he declined it, because he said he should not know where to draw the line, if he once began that ceremony. Mr. Adams was then Vice President, and I thought General Washington had his eye on him, whom he certainly did not love. I told him the world had drawn so broad a line between himself and Dr. Franklin, on the one side, and the residue of mankind, on the other, that we might wear mourning for them, and the question still remain new and undecided as to all others. He thought it best, however, to avoid it. On these considerations alone, however well affected to the merit of Commodore Barry, I think it prudent not to engage myself in a practice which may become embarrassing.

Tremendous times in Europe! How mighty this battle of lions and tigers! With what sensations should the common herd of cattle look on it? With no partialities, certainly. If they can so far worry one another as to destroy their power of tyrannizing, the one over the earth, the other the waters, the world may perhaps enjoy peace, till they recruit again.

Affectionate and respectful salutations.

TO M. DUPONT DE NEMOURS.

WASHINGTON, November 1, 1803.

MY DEAR SIR,--Your favors of April the 6th, and June the 27th, were duly received, and with the welcome which everything brings from you. The treaty which has so happily sealed the friendship of our two countries, has been received here with general acclamation. Some inflexible federalists have still ventured to brave the public opinion. It will fix their character with the world and with posterity, who, not descending to the other points of difference between us, will judge them by this fact, so palpable as to speak for itself in all times and places. For myself and my country, I thank you for the aids you have given in it; and I congratulate you on having lived to give those aids in a transaction replete with blessings to unborn millions of men, and which will mark the face of a portion on the globe so extensive as that which now composes the United States of America. It is true that at this moment a little cloud hovers in the horizon. The government of Spain has protested against the right of France to transfer; and it is possible she may refuse possession, and that this may bring on acts of force. But against such neighbors as France there, and the United States here, what she can expect from so gross a compound of folly and false faith, is not to be sought in the book of wisdom. She is afraid of her enemies in Mexico; but not more than we are. Our policy will be, to form New Orleans, and the country on both sides of it on the Gulf of Mexico, into a State; and, as to all above that, to transplant our Indians into it, constituting them a Marechaussée to prevent emigrants crossing the river, until we shall have filled up all the vacant country on this side. This will secure both Spain and us as to the mines of Mexico, for half a century, and we may safely trust the provisions for that time to the men who shall live in it.

I have communicated with Mr. Gallatin on the subject of using your house in any matters of consequence we may have to do at Paris. He is impressed with the same desire I feel to give this mark of our confidence in you, and the sense we entertain of your friendship and fidelity. Mr. Behring informs him that none of the money which will be due from us to him, as the assignee of France, will be wanting at Paris. Be assured that our dispositions are such as to let no occasion pass unimproved of serving you, where occurrences will permit it.

Present my respects to Madame Dupont, and accept yourself assurances of my constant and warm friendship.

TO ROBERT R. LIVINGSTON.

WASHINGTON, November 4, 1803.

DEAR SIR,--A report reaches us this day from Baltimore, (on probable, but not certain grounds,) that Mr. Jerome Bonaparte, brother of the First Consul, was yesterday[18] married to Miss Patterson, of that city. The effect of this measure on the mind of the First Consul, is not for me to suppose; but as it might occur to him, _primâ facie_, that the Executive of the United States ought to have prevented it, I have thought it advisable to mention the subject to you, that, if necessary, you may by explanations set that idea to rights. You know that by our laws, all persons are free to enter into marriage, if of twenty-one years of age, no one having a power to restrain it, not even their parents; and that under that age, no one can prevent it but the parent or guardian. The lady is under age, and the parents, placed between her affections, which were strongly fixed, and the considerations opposing the measure, yielded with pain and anxiety to the former. Mr. Patterson is the President of the Bank of Baltimore, the wealthiest man in Maryland, perhaps in the United States, except Mr. Carroll; a man of great virtue and respectability; the mother is the sister of the lady of General Samuel Smith; and, consequently, the station of the family in society is with the first of the United States. These circumstances fix rank in a country where there are no hereditary titles.

Your treaty has obtained nearly a general approbation. The federalists spoke and voted against it, but they are now so reduced in their numbers as to be nothing. The question on its ratification in the Senate was decided by twenty-four against seven, which was ten more than enough. The vote in the House of Representatives for making provision for its execution was carried by eighty-nine against twenty-three, which was a majority of sixty-six, and the necessary bills are going through the Houses by greater majorities. Mr. Pichon, according to instructions from his government, proposed to have added to the ratification a protestation against any failure in time or other circumstances of execution, on our part. He was told, that in that case we should annex a counter protestation, which would leave the thing exactly where it was. That this transaction had been conducted, from the commencement of the negociation to this stage of it, with a frankness and sincerity honorable to both nations, and comfortable to the heart of an honest man to review; that to annex to this last chapter of the transaction such an evidence of mutual distrust, was to change its aspect dishonorably for us both, and contrary to truth as to us; for that we had not the smallest doubt that France would punctually execute its part; and I assured Mr. Pichon that I had more confidence in the word of the First Consul than in all the parchment we could sign. He saw that we had ratified the treaty; that both branches had passed, by great majorities, one of the bills for execution, and would soon pass the other two; that no circumstances remained that could leave a doubt of our punctual performance; and like an able and an honest minister, (which he is in the highest degree,) he undertook to do what he knew his employers would do themselves, were they here spectators of all the existing circumstances, and exchanged the ratifications purely and simply: so that this instrument goes to the world as an evidence of the candor and confidence of the nations in each other, which will have the best effects. This was the more justifiable, as Mr. Pichon knew that Spain had entered with us a protestation against our ratification of the treaty, grounded, first, on the assertion that the First Consul had not executed the conditions of the treaties of cession; and, secondly, that he had broken a solemn promise not to alienate the country to any nation. We answered, that these were private questions between France and Spain, which they must settle together; that we derived our title from the First Consul, and did not doubt his guarantee of it; and we, four days ago, sent off orders to the Governor of the Mississippi territory and General Wilkinson to move down with the troops at hand to New Orleans, to receive the possession from Mr. Laussat. If he is heartily disposed to carry the order of the Consul into execution, he can probably command a volunteer force at New Orleans, and will have the aid of ours also, if he desires it, to take the possession, and deliver it to us. If he is not so disposed, _we_ shall take the possession, and it will rest with the government of France, by adopting the act as their own, and obtaining the confirmation of Spain, to supply the non-execution of their stipulation to deliver, and to entitle themselves to the complete execution of our part of the agreements. In the meantime, the Legislature is passing the bills, and we are preparing everything to be done on our part towards execution; and we shall not avail ourselves of the three months' delay after possession of the province, allowed by the treaty for the delivery of the stock, but shall deliver it the moment that possession is known here, which will be on the eighteenth day after it has taken place.

* * * * *

Accept my affectionate salutations, and assurances of my constant esteem and respect.

FOOTNOTE:

[18] November 8. It is now said that it did not take place on the
3d, but will this day.

TO DAVID WILLIAMS.

WASHINGTON, November 14, 1803.

SIR,--I have duly received the volume on the claims of literature, which you did me the favor to send me through Mr. Monroe, and have read with satisfaction the many judicious reflections it contains, on the condition of the respectable class of literary men. The efforts for their relief, made by a society of private citizens, are truly laudable; but they are, as you justly observe, but a palliation of an evil, the cure of which calls for all the wisdom and the means of the nation. The greatest evils of populous society have ever appeared to me to spring from the vicious distribution of its members among the occupations called for. I have no doubt that those nations are essentially right, which leave this to individual choice, as a better guide to an advantageous distribution than any other which could be devised. But when, by a blind concourse, particular occupations are ruinously overcharged, and others left in want of hands, the national authorities can do much towards restoring the equilibrium. On the revival of letters, learning became the universal favorite. And with reason, because there was not enough of it existing to manage the affairs of a nation to the best advantage, nor to advance its individuals to the happiness of which they were susceptible, by improvements in their minds, their morals, their health, and in those conveniences which contribute to the comfort and embellishment of life. All the efforts of the society, therefore, were directed to the increase of learning, and the inducements of respect, ease, and profit were held up for its encouragement. Even the charities of the nation forgot that misery was their object, and spent themselves in founding schools to transfer to science the hardy sons of the plough. To these incitements were added the powerful fascinations of great cities. These circumstances have long since produced an overcharge in the class of competitors for learned occupation, and great distress among the supernumerary candidates; and the more, as their habits of life have disqualified them for re-entering into the laborious class. The evil cannot be suddenly, nor perhaps ever entirely cured: nor should I presume to say by what means it may be cured. Doubtless there are many engines which the nation might bring to bear on this object. Public opinion, and public encouragement are among these. The class principally defective is that of agriculture. It is the first in utility, and ought to be the first in respect. The same artificial means which have been used to produce a competition in learning, may be equally successful in restoring agriculture to its primary dignity in the eyes of men. It is a science of the very first order. It counts among its handmaids the most respectable sciences, such as Chemistry, Natural Philosophy, Mechanics, Mathematics generally, Natural History, Botany. In every College and University, a professorship of agriculture, and the class of its students, might be honored as the first. Young men closing their academical education with this, as the crown of all other sciences, fascinated with its solid charms, and at a time when they are to choose an occupation, instead of crowding the other classes, would return to the farms of their fathers, their own, or those of others, and replenish and invigorate a calling, now languishing under contempt and oppression. The charitable schools, instead of storing their pupils with a lore which the present state of society does not call for, converted into schools of agriculture, might restore them to that branch qualified to enrich and honor themselves, and to increase the productions of the nation instead of consuming them. A gradual abolition of the useless offices, so much accumulated in all governments, might close this drain also from the labors of the field, and lessen the burthens imposed on them. By these, and the better means which will occur to others, the surcharge of the learned, might in time be drawn off to recruit the laboring class of citizens, the sum of industry be increased, and that of misery diminished.

Among the ancients, the redundance of population was sometimes checked by exposing infants. To the moderns, America has offered a more humane resource. Many, who cannot find employment in Europe, accordingly come here. Those who can labor do well, for the most part. Of the learned class of emigrants, a small portion find employments analogous to their talents. But many fail, and return to complete their course of misery in the scenes where it began. Even here we find too strong a current from the country to the towns; and instances beginning to appear of that species of misery, which you are so humanely endeavoring to relieve with you. Although we have in the old countries of Europe the lesson of their experience to warn us, yet I am not satisfied we shall have the firmness and wisdom to profit by it. The general desire of men to live by their heads rather than their hands, and the strong allurements of great cities to those who have any turn for dissipation, threaten to make them here, as in Europe, the sinks of voluntary misery. I perceive, however, that I have suffered my pen to run into a disquisition, when I had taken it up only to thank you for the volume you had been so kind as to send me, and to express my approbation of it. After apologizing, therefore, for having touched on a subject so much more familiar to you, and better understood, I beg leave to assure you of my high consideration and respect.

TO CAPTAIN LEWIS.

WASHINGTON, November 16, 1803.

DEAR SIR,--I have not written to you since the 11th and 15th of July, since which yours of July 18, 22, 25, September 8, 13, and October 3, have been received. The present has been long delayed by an expectation daily of getting the enclosed account of Louisiana through the press. The materials are received from different persons, of good authority. I enclose you also copies of the treaties for Louisiana, the act for taking possession, a letter from Dr. Wistar, and some information obtained by myself from Truteau's journal in MS., all of which may be useful to you. The act for taking possession passed with only some small verbal variations from that enclosed, of no consequence. Orders went from hence signed by the King of Spain and the first consul of France, so as to arrive at Natchez yesterday evening, and we expect the delivery of the province at New Orleans will take place about the close of the ensuing week, say about the 26th instant. Governor Claiborne is appointed to execute the powers of Commandant and Intendant, until a regular government shall be organized here. At the moment of delivering over the ports in the vicinity of New Orleans, orders will be despatched from thence to those in upper Louisiana to evacuate and deliver them immediately. You can judge better than I can when they may be expected to arrive at these ports, considering how much you have been detained by the low waters, how late it will be before you can leave Cahokia, how little progress up the Missouri you can make before the freezing of the river; that your winter might be passed in gaining much information, by making Cahokia or Caskaskia your head quarters, and going to St. Louis and the other Spanish forts, that your stores, &c. would thereby be spared for the winter, as your men would draw their military rations. All danger of Spanish opposition avoided, we are strongly of opinion here that you had better not enter the Missouri till the spring. But as you have a view of all circumstances on the spot, we do not pretend to enjoin it, but leave it to your own judgment in which we have entire confidence. One thing, however, we are decided in; that you must not undertake the winter excursion which you propose in yours of October 3d. Such an excursion will be more dangerous than the main expedition up the Missouri, and would by an accident to you, hazard our main object, which, since the acquisition of Louisiana, interests everybody in the highest degree. The object of your mission is single, the direct water communication from sea to sea formed by the bed of the Missouri, and perhaps the Oregon; by having Mr. Clarke with you we consider the expedition as double manned, and therefore the less liable to failure; for which reason neither of you should be exposed to risks by going off of your line. I have proposed in conversation, and it seems generally assented to, that Congress shall appropriate ten or twelve thousand dollars for exploring the principal waters of the Mississippi and Missouri. In that case, I should send a party up the Red river to its head, then to cross over to the head of the Arkansas, and come down that. A second party for the Pani and Padouca rivers, and a third, perhaps, for the Morsigona and St. Peter's. As the boundaries of interior Louisiana are the high lands enclosing all the waters which run into the Mississippi or Missouri directly or indirectly, with a quarter breadth on the Gulf of Mexico, it becomes interesting to fix with precision by celestial observations the longitude and latitude of the sources of these rivers, so providing points in the contour of our new limits. This will be attempted distinctly from your mission, which we consider as of major importance, and therefore, not to be delayed or hazarded by any episodes whatever.

The votes of both Houses on ratifying and carrying the treaties into execution, have been precisely party votes, except that General Dayton has separated from his friends on these questions, and voted for the treaties. I will direct the Aurora National Intelligencer to be forwarded to you for six months at Cadokie or Kaskaskia, on the presumption you will be there. Your friends and acquaintances here, and in Albemarle, are all well, so far as I have heard; and I recollect no other small news worth communicating. Present my friendly salutations to Mr. Clarke, and accept them affectionately yourself.

TO JOHN RANDOLPH.

WASHINGTON, December 1, 1803.

DEAR SIR,--The explanations in your letter of yesterday were quite unnecessary to me. I have had too satisfactory proofs of your friendly regard, to be disposed to suspect anything of a contrary aspect. I understood perfectly the expressions stated in the newspaper to which you allude, to mean, that "though the proposition came from the _republican quarter_ of the House, yet you should not concur with it." I am aware that in parts of the Union, and even with persons to whom Mr. Eppes and Mr. Randolph are unknown, and myself little known, it will be presumed from their connection, that what comes from them comes from me. No men on earth are more independent in their sentiments than they are, nor any one less disposed than I am to influence the opinions of others. We rarely speak of politics, or of the proceedings of the House, but merely historically, and I carefully avoid expressing an opinion on them, in their presence, that we may all be at our ease. With other members, I have believed that more unreserved communications would be advantageous to the public. This has been, perhaps, prevented by mutual delicacy. I have been afraid to express opinions unasked, lest I should be suspected of wishing to direct the legislative action of members. They have avoided asking communications from me, probably, lest they should be suspected of wishing to fish out executive secrets. I see too many proofs of the imperfection of human reason, to entertain wonder or intolerance at any difference of opinion on any subject; and acquiesce in that difference as easily as on a difference of feature or form; experience having long taught me the reasonableness of mutual sacrifices of opinion among those who are to act together for any common object, and the expediency of doing what good we can, when we cannot do all we would wish.

Accept my friendly salutations, and assurances of great esteem and respect.

TO MR. GALLATIN.

WASHINGTON, December 13, 1803.