Chapter XVII: Part III: Continued (16)

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 of the 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 time _pari passu_ with 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, in _statu quo_ prices, 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.

TO MR. GALLATIN.

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 December 22d, 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.

TO MR. GALLATIN.

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 the _one-eighth_ carries 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 the _one-eighth_ carries 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.

TO MR. GALLATIN.

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.

TO MR. GALLATIN.

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 a _bonâ fide_ one; 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.

TO MR. GALLATIN.

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.

TO MR. NICHOLAS.

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.

TO GOVERNOR HARRISON.

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, I presume, 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.

TO MR. BARLOW.

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.

TO CHARLES THOMSON, ESQ.

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.

TO MR. GALLATIN.

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 continued indulgences 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.

TO DOCTOR LOGAN.

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 select the 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.

TO MR. GALLATIN.

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.

TO E. RANDOLPH, ESQ.

WASHINGTON, December 28, 1808.

DEAR SIR,--I received yesterday your favor of the 22d. It was the first information I had had of the sentence against Moss, the district attorney not having written to me as you supposed. I referred the case to the Post Master General, who in his answer says, "His is not a single crime, but a series of crimes, for months if not years. There were found upon him between $1,300 and $1,500, which he had robbed in small sums."

You are sensible that the Legislature having made stripes a regular part of the punishment, that the pardoning them cannot be a thing of course, as that would be to repeal the law, but that extraordinary and singular considerations are necessary to entitle the criminal to that remission. The information of the Post Master General marks such an habitual depravity of mind, as leaves little room to suppose that any facts can countervail it; and the robbery of the mail has now become so frequent and great an evil, that the moment is unfavorable to propositions of relaxation. Still I shall be ready to receive and consider any testimony in his favor, which his friends may bring forward, and will do it on whatever I may believe to have been the intention of the Legislature in confiding the power of pardon to the executive. The opinion of the judges who sat in the cause, I have ever required as indispensable to ground a pardon. A copy of the judgment is also necessary. I have taken the liberty of troubling you with these observations, because I have received no application but your letter, and lest, on the contrary supposition, his case might suffer for want of information. Accept my salutations and assurances of friendly esteem and respect.

TO ----.

WASHINGTON, December 31, 1808.

SIR,--The General Government of the United States has considered it their duty and interest to extend their care and patronage over the Indian tribes within their limits, and to endeavor to render them friends, and in time perhaps useful members of the nation. Perceiving the injurious effects produced by their inordinate use of spirituous liquors, they passed laws authorizing measures against the vending or distributing such liquors among them. Their introduction by traders was accordingly prohibited, and for some time was attended with the best effects. I am informed, however, that latterly the Indians have got into the practice of purchasing such liquors themselves in the neighboring settlements of whites, and of carrying them into their towns, and that in this way our regulations so salutary to them, are now defeated. I must, therefore, request your Excellency to submit this matter to the consideration of your legislature. I persuade myself that in addition to the moral inducements which will readily occur, they will find it not indifferent to their own interests to give us their aid in removing, for their neighbors, this great obstacle to their acquiring industrious habits, and attaching themselves to the regular and useful pursuits of life; for this purpose it is much desired that they should pass effectual laws to restrain their citizens from vending and distributing spirituous liquors to the Indians. I pray your Excellency to accept the assurances of my great esteem and respect.

TO MR. HENRY GUEST.

WASHINGTON, January 4, 1809.

SIR,--A constant pressure of business must be my apology for being so late in acknowledging the receipt of your favor of November 25th. I am sensible of the kindness of your rebuke on my determination to retire from office at a time when our country is laboring under difficulties truly great. But if the principle of rotation be a sound one, as I conscientiously believe it to be with respect to this office, no pretext should ever be permitted to dispense with it, because there never will be a time when real difficulties will not exist, and furnish a plausible pretext for dispensation. You suppose I am "in the prime of life for rule." I am sensible I am not; and before I am so far declined as to become insensible of it, I think it right to put it out of my own power. I have the comfort too of knowing that the person whom the public choice has designated to receive the charge from me, is eminently qualified as a safe depository by the endowments of integrity, understanding, and experience. On a review therefore of the reasons for my retirement, I think you cannot fail to approve them.

Your proposition for preventing the effect of splinters in a naval action, will certainly merit consideration and trial whenever our vessels shall be called into serious service; till then the perishable nature of the covering, would render it an unnecessary expense. I tender you my best wishes for the continuance of your life and health, and salute you with great esteem and respect.

TO MR. GALLATIN.

January 9, 1809.

I do not recollect the instructions to Governor Lewis respecting squatters. But if he had any they were unquestionably to prohibit them rigorously. I have no doubt, if he had not written instructions, that he was verbally so instructed. Carr's story has very much the air of an idle rumor, willingly listened to. It shows some germ of discontent existing.

* * * * *

TO THE SECRETARY AT WAR.

WASHINGTON, January 12, 1809.

SIR,--I have read with pleasure the letter of Captain Davidson, by which, according to unanimous resolves of the company of light infantry of the first legion of the militia of Columbia commanded by him, he tenders their services as volunteers under the Act of Congress of February 24th, 1807. I accept the offer, and render to Captain Davidson and the other officers and privates of the company, that praise to which their patriotism so justly entitles them. So long urged by the aggressions of the belligerent powers, and every measure of forbearance at length exhausted, our country must see with sincere satisfaction the alacrity with which persons will flock to her standard whenever her constituted authorities shall declare that we take into our own hands the redress of our wrongs. Be so good as to communicate in behalf of the public my thanks to Captain Davidson, the other officers and privates of his company, and be assured yourself of my affectionate respect.

TO GENERAL DEARBORNE.

January 12, 1809.

I suppose that in answering Governor Drayton we should compliment his ardor, and smooth over our noncompliance with his request; that he might be told that the President sees, in his present application, a proof of his vigilance and zeal in whatever concerns the public safety, and will count with the more confidence on his future attentions and energy whenever circumstances shall call for them. That he considers that the power entrusted to him for calling out the 100,000 militia, was meant to be exercised only in the case of some great and general emergency, and by no means to be employed merely as garrisons or guards in ordinary cases: that there is no apprehension that England means either to declare or to commence war on us at the present moment, and that if the declaration shall be intended to originate with us, he may be assured of receiving timely notice, with the powers and the means of placing everything in safety before a state of actual danger commences; that nevertheless it is of great urgency that the quota of his state be prepared with all possible diligence, to be ready to march at a moment's warning, because by that time it is very possible, and scarcely improbable, that their services may have become actually requisite. Affectionate salutations.

TO DOCTOR EUSTIS.

WASHINGTON, January 14, 1809.

SIR,--I have the pleasure to acknowledge the receipt of your letter of December the 24th, and of the resolutions of the republican citizens of Boston, of the 19th of that month. These are worthy of the ancient character of the sons of Massachusetts, and of the spirit of concord with her sister States, which, and which alone, carried us successfully through the revolutionary war, and finally placed us under that national government, which constitutes the safety of every part, by uniting for its protection the powers of the whole. The moment for exerting these united powers, to repel the injuries of the belligerents of Europe, seems likely to be pressed upon us. They have interdicted our commerce with nearly the whole world. They have declared it shall be carried on with such places, in such articles, and in such measure only, as they shall dictate; thus prostrating all the principles of right which have hitherto protected it. After exhausting the cup of forbearance and conciliation to its dregs, we found it necessary, on behalf of that commerce, to take time to call it home into a state of safety, to put the towns and harbors which carry it on into a condition of defence, and to make further preparation for enforcing the redress of its wrongs, and restoring it to its rightful freedom. This required a certain measure of time, which, although not admitting specific limitation, must, from its avowed objects, have been obvious to all; and the progress actually made towards the accomplishment of these objects, proves it now to be near its term. While thus endeavoring to secure, and preparing to vindicate that commerce, the absurd opinion has been propagated, that this temporary and necessary arrangement was to be a permanent system, and was intended for its destruction. The sentiments expressed in the paper you were so kind as to enclose to me, show that those who have concurred in them have judged with more candor the intentions of their government, and are sufficiently aware of the tendency of the excitements and misrepresentations which have been practised on this occasion. And such, I am persuaded, will be the disposition of the citizens of Massachusetts at large, whenever truth can reach them. Associated with her sister States in a common government, the fundamental principle of which is, that the will of the majority is to prevail, sensible that, in the present difficulty, that will has been governed by no local interests or jealousies, that, to save permanent rights, temporary sacrifices were necessary, that these have fallen as impartially on all, as in a situation so peculiar they could be made to do, she will see in the existing measures a legitimate and honest exercise of the will and wisdom of the whole. And her citizens, faithful to themselves and their associates, will not, to avoid a transient pressure, yield to the seductions of enemies to their independence, foreign or domestic, and take a course equally subversive of their well-being, as of that of their brethren.

The approbation expressed by the republican citizens of the town of Boston, of the course pursued by the national government, is truly consoling to its members; and, encouraged by the declaration of the continuance of their confidence, and by the assurance of their support, they will continue to pursue the line of their high duties according to the best of their understandings, and with undeviating regard to the good of the whole. Permit me to avail myself of this occasion of tendering you personally the assurances of my great esteem and respect.

TO MR. THOMAS C. JAMES, SECRETARY OF THE AMERICAN PHILOSOPHICAL SOCIETY.

WASHINGTON, January 14, 1809.

SIR,-I have received your favor of the 6th inst., informing me that the American Philosophical Society had been pleased, at their late election, unanimously to re-elect me president of the society. In desiring, in my letter to the vice-presidents, that I might be permitted to withdraw from that honor, I acted from a conscientious persuasion that I was keeping from that important station members whose position, as well as qualifications, would enable them to render more effectual services to the institution. But the society having thought proper again to name me, I shall obey it with dutifulness, and be ever anxious to avail myself of every occasion of being useful to them. I pray you to be so good as to communicate my thanks to them, with assurances of my devotion to their service, and to accept those of great esteem and respect for yourself personally.

TO DOCTOR MAESE.

WASHINGTON, January 15, 1809.

SIR,-The constant pressure of such business as will admit no delay, has prevented my sooner acknowledging the receipt of your letter of the 2d, and even now will confine me to the single question, for the answer to which you wait, before you take any step towards bringing forward the institution you propose for the advancement of the arts. That question is whether Congress would grant a charter of incorporation, and a sum for premiums annually? It has always been denied by the republican party in this country, that the Constitution had given the power of incorporation to Congress. On the establishment of the Bank of the United States, this was the great ground on which that establishment was combatted; and the party prevailing supported it only on the argument of its being an incident to the power given them for raising money. On this ground it has been acquiesced in, and will probably be again acquiesced in, as subsequently confirmed by public opinion. But in no other instance have they ever exercised this power of incorporation out of this district, of which they are the ordinary legislature.

It is still more settled that among the purposes to which the Constitution permits them to apply money, the granting premiums or bounties is not enumerated, and there has never been a single instance of their doing it, although there has been a multiplicity of applications. The Constitution has left these encouragements to the separate States. I have in two or three messages recommended to Congress an amendment to the Constitution, which should extend their power to these objects. But nothing is yet done in it. I fear, therefore, that the institution you propose must rest on the patronage of the State in which it is to be. I wish I could have answered you more to my own mind; as well as yours; but truth is the first object. I salute you with esteem and respect.

CIRCULAR LETTER FROM THE SECRETARY OF WAR, TO THE GOVERNORS,--PREPARED BY THOMAS JEFFERSON.

January 17, 1809.

SIR,--The pressure of the embargo, although sensibly felt by every description of our fellow citizens, has yet been cheerfully borne by most of them, under the conviction that it was a temporary evil, and a necessary one to save us from greater and more permanent evils,--the loss of property and surrender of rights. But it would have been more cheerfully borne, but for the knowledge that, while honest men were religiously observing it, the unprincipled along our sea-coast and frontiers were fraudulently evading it; and that in some parts they had even dared to break through it openly, by an armed force too powerful to be opposed by the collector and his assistants. To put an end to this scandalous insubordination to the laws, the Legislature has authorized the President to empower proper persons to employ militia, for preventing or suppressing armed or riotous assemblages of persons resisting the custom-house officers in the exercise of their duties, or opposing or violating the embargo laws. He sincerely hopes that, during the short time which these restrictions are expected to continue, no other instances will take place of a crime of so deep a die. But it is made his duty to take the measures necessary to meet it. He therefore requests you, as commanding officer of the militia of your State, to appoint some officer of the militia, of known respect for the laws, in or near to each port of entry within your State, with orders, when applied to by the collector of the district, to assemble immediately a sufficient force of his militia, and to employ them efficaciously to maintain the authority of the laws respecting the embargo, and that you notify to each collector the officer to whom, by your appointment, he is so to apply for aid when necessary. He has referred this appointment to your Excellency, because your knowledge of characters, or means of obtaining it, will enable you to select one who can be most confided in to exercise so serious a power, with all the discretion, the forbearance, the kindness even, which the enforcement of the law will possibly admit,--ever to bear in mind that the life of a citizen is never to be endangered, but as the last melancholy effort for the maintenance of order and obedience to the laws.

TO MR. BOYD.

WASHINGTON, January 20, 1809.

Thomas Jefferson presents his compliments to Mr. Boyd, and observes that the enclosed petition of Nicholas Kosieg, has been addressed to Judge Cranch, and yet is not recommended by him or the other judges who sat on the trial. They are so particularly qualified by having heard the evidence, to decide on the merits of the petition, that Thomas Jefferson has generally made the recommendation of judges the foundation of pardon, and sees no reason in the present case to depart from that rule. He assures Mr. Boyd of his esteem and respect.

TO HIS EXCELLENCY GOVERNOR TYLER.

WASHINGTON, January 20, 1809.

SIR,--The Secretary at War has put into my hand your Excellency's letter of January 9th, covering one of December 15th from Captain Henry St. John Dixon, of the volunteer riflemen of the 105th regiment, offering the service of his company for one year. The term for which the offer is made shows it intended to be under the Act of Congress of February 24th, 1807, and not under that of March 30th, 1805, which is only for a service of six months under the law of 1807. The Governors were authorized and requested, on behalf of the President, to accept the offers made under that act, and to organize the corps when ready for it, officering it according to the laws of their State. This authority was given to your predecessor, and was considered as devolving on yourself. The authority and request are now renewed to you, and the letter of Captain Dixon returned for that purpose. To this I will add another request, that you will be so good as to endeavor to have a return made to the War Office of all the corps of twelve-month volunteers which have been accepted in Virginia. They began immediately after the attack on the Chesapeake. I salute you with esteem and respect.

TO COLONEL HUMPHREYS.

WASHINGTON, January 20, 1809.

SIR,--I have to acknowledge the receipt of your favor of December 12th, and to return you my thanks for the cloth furnished me. It came in good time, and does honor to your manufactory, being as good as any one would wish to wear in any country. Amidst the pressure of evils with which the belligerent edicts have afflicted us, some permanent good will arise; the spring given to manufactures will have durable effects. Knowing most of my own State, I can affirm with confidence that were free intercourse opened again to-morrow, she would never again import one-half of the coarse goods which she has done down to the date of the edicts. These will be made in our families. For finer goods we must resort to the larger manufactories established in the towns. Some jealousy of this spirit of manufacture seems excited among commercial men. It would have been as just when we first began to make our own ploughs and hoes. They have certainly lost the profit of bringing these from a foreign country. My idea is that we should encourage home manufactures to the extent of our own consumption of everything of which we raise the raw material. I do not think it fair in the ship-owners to say we ought not to make our own axes, nails, &c., here, that they may have the benefit of carrying the iron to Europe, and bringing back the axes, nails, &c. Our agriculture will still afford surplus produce enough to employ a due proportion of navigation. Wishing every possible success to your undertaking, as well for your personal as the public benefit. I salute you with assurances of great esteem and respect.

TO MR. LEIPER.

WASHINGTON, January 21, 1809.

DEAR SIR,--Your letter of the 15th was duly received, and before that, Towers' book, which you had been so kind as to send me, had come to hand, for which I pray you to receive my thanks. You judge rightly that _here_ I have no time to read. A cursory view of the book shows me that the author is a man of much learning in his line. I have heard of some other late writer, (the name I forget,) who has undertaken to prove contrary events from the same sources; and particularly that England is not to be put down; and that this is the favorite author in that country. As to myself, my religious reading has long been confined to the moral branch of religion, which is the same in all religions; while in that branch which consists of dogmas, all differ, all have a different set. The former instructs us how to live well and worthily in society; the latter are made to interest our minds in the support of the teachers who inculcate them. Hence, for one sermon on a moral subject, you hear ten on the dogmas of the sect. However, religion is not the subject for you and me; neither of us know the religious opinions of the other; that is a matter between our Maker and ourselves. We understand each other better in politics, to which therefore I will proceed. The House of Representatives passed last night a bill for the meeting of Congress on the 22d of May. This substantially decides the course they mean to pursue; that is, to let the embargo continue till then, when it will cease, and letters of marque and reprisal be issued against such nations as shall not then have repealed their obnoxious edicts. The great majority seem to have made up their minds on this, while there is considerable diversity of opinion on the details of preparation; to wit: naval force, volunteers, army, non-intercourse, &c. I write freely to you, because I know that in stating facts, you will not quote names. You know that every syllable uttered in my name becomes a text for the federalists to torment the public mind on by their paraphrases and perversions. I have lately inculcated the encouragement of manufactures to the extent of our own consumption at least, in all articles of which we raise the raw material. On this the federal papers and meetings have sounded the alarm of Chinese policy, destruction of commerce, &c.; that is to say, the iron which we make must not be wrought here into ploughs, axes, hoes, &c., in order that the ship-owner may have the profit of carrying it to Europe, and bringing it back in a manufactured form, as if after manufacturing our own raw materials for own use, there would not be a surplus produce sufficient to employ a due proportion of navigation in carrying it to market and exchanging it for those articles of which we have not the raw material. Yet this absurd hue and cry has contributed much to federalize New England, their doctrine goes to the sacrificing agriculture and manufactures to commerce; to the calling all our people from the interior country to the sea-shore to turn merchants, and to convert this great agricultural country into a city of Amsterdam. But I trust the good sense of our country will see that its greatest prosperity depends on a due balance between agriculture, manufactures and commerce, and not in this protuberant navigation which has kept us in hot water from the commencement of our government, and is now engaging us in war. That this may be avoided, if it can be done without a surrender of rights, is my sincere prayer. Accept the assurances of my constant esteem and respect.

TO COLONEL CHARLES SIMMS, COLLECTOR.

WASHINGTON, January 22, 1809.

SIR,--I received last night your letter of yesterday, and this being a day in which all the offices are shut, and the case admitting no delay, I enclose you a special order, directly from myself, to apply for aid of the militia adjacent to the vessel, to enable you to do your duty as to the sloop loading with flour. But I must desire that, so far as the agency of the militia be employed, it may be with the utmost discretion, and with no act of force beyond what shall be necessary to maintain obedience to the laws, using neither deeds nor words unnecessarily offensive. I salute you with respect.

[_The Order enclosed._]

THOMAS JEFFERSON, PRESIDENT OF THE UNITED STATES OF AMERICA.

January, 1809.

UNITED STATES OF AMERICA TO WIT,--Information being received that a sloop, said to be of one of the eastern States, of about 1,500 barrels burthen, is taking in flour in the Bay of Occoquan in Virginia, with intention to violate the several embargo laws, and the urgency of the case not admitting the delay of the ordinary course of proceeding through the orders of the Governors of the States, I have therefore thought proper to issue these my special orders to the militia officers of the counties of Fairfax, Prince William, or of any other county of Virginia, or of Maryland, adjacent to the river Potomak or any of its waters, wherein the said vessel may be found, and to such particular officer especially to whom these my orders shall be presented by any collector of the customs, for any district on the said river or its waters, or by any person acting under their authority, forthwith on receiving notice, to call out such portion of the militia under his or their command as shall be sufficient, and to proceed with the same, in aid of the said collector, to take possession of the said sloop and her cargo, wheresoever found in the said waters, and to detain the same until she shall be liberated according to law, for which this shall be his and their warrant.

Given under my hand at Washington, this 22d day of January, 1809.

TO COLONEL MONROE.

WASHINGTON, January 28, 1809.

DEAR SIR,--Your favor of the 18th was received in due time, and the answer has been delayed as well by a pressure of business, as by the expectation of your absence from Richmond.

The idea of sending a special mission to France or England is not entertained at all here. After so little attention to us from the former, and so insulting an answer from Canning, such a mark of respect as an extraordinary mission, would be a degradation against which all minds revolt here. The idea was hazarded in the House of Representatives a few days ago, by a member, and an approbation expressed by another, but rejected indignantly by every other person who spoke, and very generally in conversation by all others; and I am satisfied such a proposition would get no vote in the Senate. The course the Legislature means to pursue, may be inferred from the act now passed for a meeting in May, and a proposition before them for repealing the embargo in June, and then resuming and maintaining by force our right of navigation. There will be considerable opposition to this last proposition, not only from the federalists, old and new, who oppose everything, but from sound members of the majority. Yet it is believed it will obtain a good majority, and that it is the only proposition which can be devised that could obtain a majority of any kind. Final propositions will, therefore, be soon despatched to both the belligerents through the resident ministers, so that their answers will be received before the meeting in May, and will decide what is to be done. This last trial for peace is not thought desperate. If, as is expected, Bonaparte should be successful in Spain, however every virtuous and liberal sentiment revolts at it, it may induce both powers to be more accommodating with us. England will see here the only asylum for her commerce and manufactures, worth more to her than her orders of council. And Bonaparte, having Spain at his feet, will look immediately to the Spanish colonies, and think our neutrality cheaply purchased by a repeal of the illegal parts of his decrees, with perhaps the Floridas thrown into the bargain. Should a change in the aspect of affairs in Europe produce this disposition in both powers, our peace and prosperity may be revived and long continue. Otherwise, we must again take the tented field, as we did in 1776 under more inauspicious circumstances.

There never has been a situation of the world before, in which such endeavors as we have made would not have secured our peace. It is probable there never will be such another. If we go to war now, I fear we may renounce forever the hope of seeing an end of our national debt. If we can keep at peace eight years longer, our income, liberated from death, will be adequate to any war, without new taxes or loans, and our position and increasing strength put us _hors d'insulte_ from any nation. I am now so near the moment of retiring, that I take no part in affairs beyond the expression of an opinion. I think it fair that my successor should now originate those measures of which he will be charged with the execution and responsibility, and that it is my duty to clothe them with the forms of authority. Five weeks more will relieve me from a drudgery to which I am no longer equal, and restore me to a scene of tranquillity, amidst my family and friends, more congenial to my age and natural inclinations. In that situation, it will always be a pleasure to me to see you, and to repeat to you the assurances of my constant friendship and respect.

TO HIS EXCELLENCY GOVERNOR SEVIER.

WASHINGTON, January 31, 1809.

SIR,--The extraordinary and critical situation of our foreign relations rendering it necessary, in the opinion of the National Legislature, that their next recess should be short, they have passed an act for meeting on the fourth Monday of May, of which I enclose you a copy. As the election of representatives for the State of Tennessee would not, in the ordinary course, be in time for this meeting, I have thought it my duty to make you a special communication of this law. That every State should be represented in the great council of the nation, is not only the interest of each, but of the whole united, who have a right to be aided by the collective wisdom and information of the whole, in questions which are to decide on their future well-being. I trust that your Excellency will deem it incumbent on you to call an immediate meeting of your legislature, in order to put it in their power to fulfil this high duty, by making special and timely provision for the representation of their State at the ensuing meeting of Congress; to which measures I am bound earnestly to exhort yourself and them. I am not insensible of the personal inconvenience of this special call to the members composing the legislature of so extensive a State; but neither will I do them the injustice to doubt their being ready to make much greater sacrifices for the common safety, should the course of events still lead to a call for them. I tender to your Excellency the assurances of my high respect and consideration.

TO M. AMELOT DE LA CROIX, BOSTON.

WASHINGTON, February 3, 1809.