Chapter VIII: Part III: Continued (7)

DEAR SIR,--In mine of the day before yesterday, I informed you that to comply with a request of Governor Cabell, I had undertaken to lay down rules of intercourse with the British vessels, at first intended for Captain Decatur only, but afterwards extended with equal power to the officer commanding by land, so that each should have equal power to send and receive flags. I now send you a copy of that letter. Since that I have received from the Governor a letter, pointing out difficulties occurring in the execution of the Volunteer act, from the restriction of issuing commissions until the companies be actually raised, the brigades, &c., organized. Another difficulty, not mentioned in the letter, embarrassed him, with respect to accepting more than the quota of each district. I learnt, through a direct channel, that he was so seriously impressed with these legal obstacles, that no commissions were likely to be issued, and then, certainly, that few volunteers would be raised. In answering his letter, therefore, I have dwelt more on these points than might otherwise have seemed necessary. I enclose the letter for your consideration, that if you find no error in it material enough to require a return of it for correction, you will be so good as to seal and forward it to him without delay. But if you think anything material in it should be corrected before it is sent, I will pray you to suggest the alteration, and return me the letter. I salute you affectionately.

P. S. Be pleased to return the Governor's letter to me.

TO HIS EXCELLENCY GOVERNOR CABELL.

MONTICELLO, August 11, 1807.

DEAR SIR,--Your favor of the 7th is received. It asks my opinion on several points of law arising out of the act of Congress for accepting thirty thousand volunteers. Although your own opinion, and those of some of your counsellors, more recent in the habit of legal investigation, would be a safer guide for you than mine, unassisted by my ordinary and able associates, yet I shall frankly venture my individual thoughts on the subject, and participate with you in any risks of disapprobation to which an honest desire of furthering the public good may expose us.

In the construction of a law, even in judiciary cases of _meum et tuum_, where the opposite parties have a right and counter-right in the very words of the law, the Judge considers the intention of the law-giver as his true guide, and gives to all the parts and expressions of the law, that meaning which will effect, instead of defeating, its intention. But in laws merely executive, where no private right stands in the way, and the public object is the interest of all, a much freer scope of construction, in favor of the intention of the law, ought to be taken, and ingenuity ever should be exercised in devising constructions, which may save to the public the benefit of the law. Its intention is the important thing: the means of attaining it quite subordinate. It often happens that, the Legislature prescribing details of execution, some circumstance arises, unforeseen or unattended to by them, which would totally frustrate their intention, were their details scrupulously adhered to, and deemed exclusive of all others. But constructions must not be favored which go to defeat instead of furthering the principal object of their law, and to sacrifice the end to the means. It being as evidently their intention that the end shall be attained as that it should be effected by any given means, if both cannot be observed, we are equally free to deviate from the one as the other, and more rational in postponing the means to the end. In the present case, the object of the act of Congress was to relieve the militia at large from the necessity of leaving their farms and families, to encounter a service very repugnant to their habits, and to permit that service to be assumed by others ardently desiring it. Both parties, therefore, (and they comprehend the whole nation,) would willingly waive any verbal difficulties, or circumstances of detail, which might thwart their mutual desires, and would approve all those views of the subject which facilitate the attainment of their wishes.

It is further to be considered that the Constitution gives the executive a general power to carry the laws into execution. If the present law had enacted that the service of thirty thousand volunteers should be accepted, without saying anything of the means, those means would, by the Constitution, have resulted to the discretion of the executive. So if means specified by an act are impracticable, the constitutional power remains, and supplies them. Often the means provided specially are affirmative merely, and, with the constitutional powers, stand well together; so that either may be used, or the one supplementary to the other. This aptitude of means to the end of a law is essentially necessary for those which are executive; otherwise the objection that our government is an impracticable one, would really be verified.

With this general view of our duty as executive officers, I proceed to the questions proposed by you.

1st. Does not the act of Congress contemplate the association of companies to be formed before commissions can be issued to the Captains, &c.?

2d. Can battalion or field-officers be appointed by either the State or Congressional laws, but to battalions or regiments actually existing?

3d. The organization of the companies into battalions and regiments belonging to the President, can the Governor of the State issue commissions to these officers before that organization is made and announced to him?

4th. Ought not the volunteers tendering their services, under the act of February 24th, 1807, to be accepted by the President before the commissions can issue?

Had we no other executive powers but those given in this act, the first, second, and third questions would present considerable difficulties, inasmuch as the act of Congress does appear, as you understand it, to contemplate that the companies are to be associated, and the battalions, squadrons, regiments, brigades, and divisions organized, before commissions are to issue. And were we to stop here the law might stop also; because I verily believe that it will be the zeal and activity alone of those destined for commands, which will give form and body to the floating ardor of our countrymen to enter into this service, and bring their wills to a point of union and effect. We know from experience that individuals having the same desires are rarely brought into an association of them, unless urged by some one assuming an agency, and that in military associations the person of the officer is a material inducement. Whether our constitutional powers to carry the laws into execution, would not authorize the issuing a previous commission (as they would, had nothing been said about commissions in the law), is a question not necessary now to be decided; because they certainly allow us to do what will be equally effectual. We may issue instructions or warrants to the persons destined to be captains, &c., authorizing them to superintend the association of the companies, and to perform the functions of a captain &c., until commissions may be regularly issued, when such a commission will be given to the bearer, or a warrant authorizing the bearer to superintend the organization of the companies associated in a particular district, into battalions, squadrons, &c., and otherwise to perform the functions of a colonel &c., until a commission may regularly issue, when such a commission will be given to the bearer. This is certainly within the constitutional powers of the executive, and with such a warrant, I believe, the person bearing it would act with the same effect as if he had the commission.

As to the fourth question, the execution of this law having been transferred to the State executives, I did consider all the powers necessary for its execution as delegated from the President to them. Of this I have been so much persuaded that, to companies offering their services under this law, I have answered that the power of acceptance was in the Governor, and have desired them to renew their offer to him. If the delegation of this power should be expressly made, it is hereby fully delegated.

To the preceding I will add one other observation. As we might still be disappointed in obtaining the whole number of 11,563, were they apportioned among the several districts, and each restrained to its precise apportionment (which some might fail to raise), I think it would better secure the complete object of the law to accept all proper offers, that the excess of some districts may supply the deficiencies of others. When the acceptances are all brought together, the surplus, if any, will be known, and, if not wanted by the United States, may be rejected; and in doing this, such principles of selection may be adopted as, without any imputation of partiality, may secure to us the best offers. For example, first, we may give a preference to all those who will agree to become regulars, if desired. This is so obviously for the public advantage that no one could object to it. Second, we may give a preference to twelve-month volunteers over those for six months; and other circumstances of selection will of course arise from the face of the offers, such as distribution, geographical position, proportion of cavalry, riflemen, &c.

I have thus, without reserve, expressed my ideas on the several doubts stated in your letters, and I submit them to your consideration. They will need it the more, as the season and other circumstances occasioning the members of the administration to be in a state of separation at this moment, they go without the stamp of their aid and approbation. It is our consolation and encouragement that we are serving a just public, who will be indulgent to any error committed honestly, and relating merely to the means of carrying into effect what they have manifestly willed to be a law.

I salute you with great esteem and respect.

TO THE SECRETARY AT WAR.

MONTICELLO, August 12, 1807.

DEAR SIR,--I return you all the papers received in yours of the 9th, except Morrison's letter on the subject of Alston, which, although expressed to be confidential, I send to Mr. Hay under that injunction, merely for his information, should there be other bearings on the same point. In my conscience, I have no doubt as to his participation. To your papers I add some others, particularly respecting the defence of St. Mary's and Beaufort, that you may take them into consideration as a part of the general subject of defence. I sincerely wish this business of levying duty on Creek goods could be stopped. We have no right to make them contribute to the support of our government. The conduct of Captain Isaac is nettling. But what can we do while we are in the wrong? I wonder we hear nothing from Hawkins on the subject. I wish Governor Harrison may be able to have the murder of the Kaskaskian by the Kickapoo settled in the Indian way. I think it would not be amiss for him to bring over Decoigne secretly by a douceur, by which he is easily influenced. I think, too, that if the apprehension of the murderer, Rea, could be effected by our making up Harrison's reward of three hundred dollars to one thousand, it would be well laid out. Both the Indians and our own people want some example of punishment for the murder of an Indian. With respect to the prophet, if those who are in danger from him would settle it in their own way, it would be their affair. But we should do nothing towards it. That kind of policy is not in the character of our government, and still less of the paternal spirit we wish to show towards that people. But could not Harrison gain over the prophet, who no doubt is a scoundrel, and only needs his price? The best conduct we can pursue to countervail these movements among the Indians, is to confirm our friends by redoubled acts of justice and favor, and to endeavor to draw over the individuals indisposed towards us. The operations we contemplate, should there be occasion for them, would have an imposing effect on their minds, and, if successful, will indeed put them entirely in our power; if no occasion arises for carrying these operations into effect, then we shall have time enough to get the Indian mind to rights. I think it an unlucky time for Governor Hull to press the purchase of their lands, and hope he will not press it. That is the only point on which the Indians feel very sore towards us. If we have war, those lands cannot now be settled; if peace, any future movement will be more favorable.

I really believe that matters in the Chesapeake will remain quiet until further orders from England, and that so soon as you have set all works of preparation into motion, your visit to your family and affairs may be safely made. Be so good as to inform me how I am to address letters which I wish to go to yourself personally during your absence.

Wishing you a happy meeting with your friends, I salute you with affection and respect.

TO THE SECRETARY OF STATE.

MONTICELLO, August 16, 1807.

DEAR SIR,--I received yesterday your two letters without date, on the subjects now to be answered. I do not see any objection to the appointment of Mr. Cocke, as agent at Martinique. That of a consul at Mogadore is on more difficult ground. A consul in Barbary is a diplomatic character; although the title does not imply that. He receives a salary fixed by the Legislature; being independent of Simpson, we should have two ministers to the same sovereign. I should therefore think it better to leave the port of Mogadore to an agent of Simpson's appointment, and under his control.

If anything Thrasonic and foolish from Spain could add to my contempt of that government, it would be the demand of satisfaction now made by Foronda. However, respect to ourselves requires that the answer should be decent, and I think it fortunate that this opportunity is given to make a strong declaration of facts, to wit, how far our knowledge of Miranda's objects went, what measures we took to prevent anything further, the negligence of the Spanish agents to give us earlier notice, the measures we took for punishing those guilty, and our quiet abandonment of those taken by the Spaniards. But I would not say a word in recrimination as to the western intrigues of Spain. I think that is the snare intended by this protest, to make it a set-off for the other. As soon as we have all the proofs of the western intrigues, let us make a remonstrance and demand of satisfaction, and, if Congress approves, we may in the same instant make reprisals on the Floridas, until satisfaction for that and for spoliations, and until a settlement of boundary. I had rather have war against Spain than not, if we go to war against England. Our southern defensive force can take the Floridas, volunteers for a Mexican army will flock to our standard, and rich pabulum will be offered to our privateers in the plunder of their commerce and coasts. Probably Cuba would add itself to our confederation. The paper in answer to Florida should, I think, be drawn with a view to its being laid before Congress, and published to the world as our justification against the imputation of participation in Miranda's projects.

TO COLONEL FULTON.

MONTICELLO, August 16, 1807.

SIR,--Your letter of July 28th, came to hand just as I was about leaving Washington, and it has not been sooner in my power to acknowledge it. I consider your torpedoes as very valuable means of the defence of harbors, and have no doubt that we should adopt them to a considerable degree. Not that I go the whole length (as I believe you do) of considering them as solely to be relied on. Neither a nation nor those entrusted with its affairs, could be justifiable, however sanguine its expectations, in trusting solely to an engine not yet sufficiently tried, under all the circumstances which may occur, and against which we know not as yet what means of parrying may be devised. If, indeed, the mode of attaching them to the cable of a ship be the only one proposed, modes of prevention cannot be difficult. But I have ever looked to the submarine boat as most to be depended on for attaching them, and though I see no mention of it in your letter, or your publications, I am in hopes it is not abandoned as impracticable. I should wish to see a corps of young men trained to this service. It would belong to the engineers if at hand, but being nautical, I suppose we must have a corps of naval engineers, to practise and use them. I do not know whether we have authority to put any part of our existing naval establishment in a course of training, but it shall be the subject of a consultation with the Secretary of the Navy. General Dearborne has informed you of the urgency of our want of you at New Orleans for the locks there.

I salute you with great respect and esteem.

TO GOVERNOR CABELL.

MONTICELLO, August 17, 1807.

DEAR SIR,--Your favors of the 11th, 12th, and 14th were received yesterday, being the first day for some days past that the obstruction of the water-courses has permitted the post to come through. I now return you the letters of General Matthews and Captain Hardy; I enclose you also two offers of volunteers from Montgomery and Fauquier counties, because they are expressly made under the late act of Congress. I have received a great number of tenders of service at a moment's warning, which, appearing to me to have relation merely to the repelling invasion in the quarter lately violated, and not to intend an absolute engagement for twelve months, I have only accepted generally and vaguely, without relation to the Volunteer Act.

Your letter mentioning the calling into service near the Capes, a company of Infantry, I enclosed to the Secretary at War for his information and opinion, and received his answer yesterday. Your observations satisfy him that Infantry alone can be effectual in that station, and induce him to think that the company of Infantry should be a substitute for that of Cavalry, and that the latter should be discharged. To the weight of his opinion and advice, as the head of the department, is added the apparent fact that the British squadron means to be quiet till orders from England, an intention much strengthened by the complexion of Captain Hardy's letter now returned. The duty therefore of husbanding our resources for the moment of real want, requires that I should approve his opinion, and recommend the discharge of the troop of Cavalry. The company of Infantry will be as vigilant as they can to cut off supplies from the squadron, according to the proclamation; and it is proper that a daily express from the station of the company to the Norfolk Post Office should be established under your Excellency's direction. I salute you with great esteem and respect.

TO THE SECRETARY AT WAR.

MONTICELLO, August 18, 1807.

DEAR SIR,--Yours of the 14th and 15th were received yesterday. The former is now returned. I shall, in answer to Mr. Nicholas, say that we cannot lend arms but to volunteers training for immediate service, and that as to a deposit in his neighborhood, we shall in due time take up that subject generally, when just attention will be paid to that section of our country. Our separation at this time having been agreed on, I supposed it equally settled as to yourself that you also would take a recess as soon as the affairs of your office would permit; and that no further approbation on my part could be wanting. However, if it were, I hope you considered my letter of the 12th as expressing it fully, so as not to permit yourself to be detained for anything further. Wishing you a pleasant journey and happy meeting with your family, I salute you with affection.

TO THE SECRETARY OF STATE.

MONTICELLO, August 18, 1807.

DEAR SIR,--I return you the papers received yesterday. Mr. Erskine complains of a want of communication between the British armed vessels _in the_ Chesapeake, or _off_ the coast. If, by _off_ the coast, he means those which, being generally in our waters, go occasionally out of them to cruize or to acquire a title to communicate with their consul, it is too poor an evasion for him to expect us to be the dupes of. If vessels _off_ the coast, and having never violated the proclamation, wish to communicate with their consul, they may send in by any vessel, without a flag. He gives a proof of their readiness to restore deserters, from an instance of the Chichester lying along-side a wharf at Norfolk. It would have been as applicable if Captain Stopfield and his men had been in a tavern at Norfolk. All this, too, a British sergeant _is ready_ to swear to; and further, that he saw British deserters enlisted in their British uniform, by our officer. As this fact is probably false, and can easily be inquired into, names being given, and as the story of the Chichester can be ascertained by Captain Saunders, suppose you send a copy of the paper to the Secretary of the Navy, and recommend to him having an inquiry made. We ought gladly to procure evidence to hang the privates, if no objection or difficulty occur from the place of trial. If the Driver is the scene of trial, where is she? if in our waters, we can have no communication with her, if out of them, it may be inconvenient to send the witnesses. Although there is neither candor nor dignity in soliciting the victualling the Columbine for four months for a voyage of ten days, yet I think you had better give the permission. It is not by these huckstering manœuvres that the great national question is to be settled. I salute you affectionately.

TO JOHN NICHOLAS.

MONTICELLO, August 18, 1807.

DEAR SIR,--Your favor of the 2d did not reach me till yesterday. That from General Hall, communicating the patriotic resolutions of the county of Ontario, was received the day before. Considering war as one of the alternatives which Congress may adopt on the failure of proper satisfaction for the outrages committed on us by Great Britain, I have thought it my duty to put into train every preparation for that which the executive powers, and the interval left for their exercise, will admit of.

Whenever militia take the field of actual service, the deficiencies of their arms are of course supplied from the public magazines, and the law also permits us to lend arms to _volunteers_ engaged, and training for immediate service. In no case is the loan of arms to militia, remaining at home, permitted or practiced.

The establishment of deposits of arms, to be resorted to when occasion presses, is within the executive direction. A distribution of these deposits, wherever there may be occasion, and in proportion to the probable occasion, either defensive or offensive is one of the branches of preparation which circumstances call on us to make. It will be done in due time; and although nothing specific can now be said, yet I may safely assure you, that whenever we proceed to settle the general arrangement, the section of country which is the subject of your letter, shall receive a just portion of our attention and provisions.

I learn with particular satisfaction that volunteers will be readily engaged on that part of our frontier. It is a quarter in which they will be particularly useful. I presume that, in consequence of the call on the several States, the Governor will have put the engagement of volunteers into such a course as will avail us of the favorable disposition which prevails towards that service. I salute you with great esteem and respect.

TO MR. MADISON.

August 19, 1807.

I suppose Mr. Gamble should be told that his opinion in favor of the appointment of a Consul General for the Danish islands being founded on the supposition of a war with England, the executive cannot at present act on that ground. It would seem indeed, that in the event of war, our agent or agents in those islands would be very important persons, and should therefore be chosen with care. I presume it would become the best office in the gift of the United States.

It will be very difficult to answer Mr. Erskine's demand respecting the water casks in the tone proper for such a demand. I have heard of one who, having broke his cane over the head of another, demanded payment for his cane. This demand might well enough have made part of an offer to pay the damages done to the Chesapeake, and to deliver up the authors of the murders committed on board her. I return you the papers received yesterday. The Governor has enclosed me a letter from General Mathews of August 13th, mentioning the recent arrival of a ship in the Chesapeake, bearing the flag of a Vice-Admiral; from whence he concludes that Barclay is arrived. I salute you affectionately.

TO HIS EXCELLENCY GOVERNOR CABELL.

MONTICELLO, August 19, 1807.

DEAR SIR,--I return you the papers received in your letter of the 16th. The Secretary of State communicated to me yesterday a letter from Mr. Erskine, containing assurances from Governor Thomas Hardy, that he should carefully abstain from acts of violence unless he received orders from his superiors. Although Barclay's character does not give the same confidence, yet I see no reason to doubt that matters will continue, in the Chesapeake, in their present train until they receive orders from their government.

I salute you with esteem and respect.

TO GOVERNOR CABELL.

MONTICELLO, August 19, 1807.

DEAR SIR,--Your letters of August 11th, 12th, 13th, had been before acknowledged, and in mine of this morning I acknowledged yours of the 16th, and returned the papers enclosed in it. Since writing that, I have received another letter of yours of August 11th, which, by an error of the Post Office, had been sent to a wrong office. I now enclose the papers received in that. They call but for one observation, which is, that the mode of communication by flag, as before directed, must be adhered to. Although credit and indulgence is due to the liberality of Governor T. Hardy, yet armed vessels remaining within our jurisdiction in defiance of the authority of the laws, must be viewed either as rebels, or public enemies. The latter character, it is most expedient to ascribe to them; the laws of intercourse with persons of that description are fixed and known. If we relinquish them we shall have a new code to settle with those individual offenders, with whom self respect forbids any intercourse but merely for purposes of humanity. A letter which I wrote to the Secretary of State on the 17th, expressed my opinion that we should not higgle with the Columbine as to the quantity of supplies, but let her have what she wants.

These small distresses contribute nothing to the bringing an enemy to reason. It should not be till an abuse of this liberality has taken place, that we should be rigorous in the quantum of supplies. I salute you with great esteem and respect.

TO THE SECRETARY OF THE NAVY.

MONTICELLO, August 20, 1807.

DEAR SIR,--Mr. Appleton, the writer of the enclosed letter, was well known to me at Paris, but not as a man of business. He was young, handsome, and devoted to pleasant pursuits. He is now probably forty-five, and has since been in business, but with what qualifications or success I know not. He was our consul at Calais, his brother is our consul at Leghorn, and his father is (if living) a respectable merchant at Boston. All this leaves still room for inquiry whether he is fit for your agent. While on the subject, if you should be on the look-out, it may be worth your while to inquire after a Colonel Dowse, (of the same town with Fisher Ames.) He is a scientific navigator, has made voyages to the East Indies, is a sensible and most upright man, a little too much wrapt up in religious reveries. He has been most firm in his republicanism through all the storms and trials which those sentiments have been exposed to in that State. I write all this from my own knowledge of him; but I do not know he would accept the place and quit the retirement in which he has now been several years.

I enclose you the copy of a letter I wrote Mr. Fulton. I wait his answer as to the submarine boat, before I make you the proposition in form. The very name of a corps of submarine engineers would be a defence. Mr. Nicholas and his family left this neighborhood in health the day I arrived in it. We do not give up the hope of seeing Mrs. Smith and yourself here. I salute you with affection and respect.

TO THE SECRETARY OF THE TREASURY.

MONTICELLO, August 20, 1807.

DEAR SIR,--On the death of Imlay, loan officer of Connecticut, Jonathan Bull (Judge Bull) is well recommended as his successor by a number of republicans, and by Mr. Wolcott, in a special letter. A Ralph Pomeroy, of Hartford, solicits it for himself, but sends no recommendations. Those of Bull would leave me with little doubt of the propriety of his nomination; but as you can so conveniently make inquiry respecting him, I will pray you to do it, and to communicate the result to me with as little delay as convenient, in order to preclude other solicitations.

All my information from the Capes of Chesapeake, confirms the opinion that the present quiet train of things there is to be continued till further orders. The interdicted officers are extremely averse to our mode of communication by flag. But being considered as enemies rather than rebels, while here in defiance, no other communication will be allowed. Burr's trial goes on to the astonishment of all, as to the manner of conducting it. I salute you with affection and respect.

TO J. MADISON.

MONTICELLO, August 20, 1807.

Your letter to Dayton I think perfectly right, unless, perhaps, the expression of personal sympathy in the first page might be misconstrued, and, coupled with the circumstance that we had not yet instituted a prosecution against him, although possessed of evidence. Poor Yznardi seems to have been worked up into distraction by the persecutions of Meade. I enclose you a letter I have received from him. Also one from Warden, attested by Armstrong, by which you will see that the feuds there are not subsiding.

By yesterday's, or this day's mails, you will have received the information that Bonaparte has annihilated the allied armies. The result will doubtless be peace on the continent, an army despatched through Persia to India, and the main army brought back to their former position on the channel. This will oblige England to withdraw everything home, and leave us an open field. An account, apparently worthy of credit, in the Albany paper, is, that the British are withdrawing all their cannon and magazines from Upper Canada to Quebec, considering the former not tenable, and the latter their only fast-hold.

I salute you with sincere affection.

P. S. I had forgotten to express my opinion that deserters ought never to be enlisted; but I think you may go further and say to Erskine, that if ever such a practise has prevailed, it has been without the knowledge of the Government, and would have been forbidden, if known, and if any examples of it have existed, (which is doubted,) they must have been few, or they would have become known. The case presented from the Chichester, if true, does not prove the contrary, as the persons there said to have been enlisted are believed to have been American citizens, who, whether impressed or enlisted into the British service, were equally right in returning to the duties they owed to their own country.

TO THE SECRETARY OF STATE.

MONTICELLO, August 20, 1807.

DEAR SIR,--Colonel Newton's inquiries are easily solved, I think, by application of the principles we have assumed. 1. The _interdicted_ ships are _enemies_. Should they be forced, by stress of weather, to run up into safer harbors, we are to act towards them as we would towards enemies in regular war, in like case. Permit no intercourse, no supplies; and if they land, kill or capture them as enemies. If they lie still, Decatur has orders not to attack them without stating the case to me, and awaiting instructions. But if they attempt to enter Elizabeth river, he is to attack them without waiting for instructions. 2. Other armed vessels, putting in from sea in distress, are _friends_. They must report themselves to the collector, he assigns them their station, and regulates their repairs, supplies, intercourse and stay. Not needing flags, they are under the direction of the collector alone, who should be reasonably liberal as to their repairs and supplies, furnishing them for a voyage to any of their American ports; but I think with him their crews should be kept on board, and that they should not enter Elizabeth river.

I remember Mr. Gallatin expressed an opinion that our negotiations with England should not be laid before Congress at their meeting, but reserved to be communicated all together with the answer they should send us, whenever received. I am not of this opinion. I think, on the meeting of Congress, we should lay before them everything that has passed to that day, and place them on the same ground of information we are on ourselves. They will then have time to bring their minds to the same state of things with ours, and when the answer arrives, we shall all view it from the same position. I think, therefore, you should order the whole of the negotiation to be prepared in two copies. I salute you affectionately.

TO GEORGE HAY.

MONTICELLO, August 20, 1807.

DEAR SIR,--I received yesterday your favor of the 11th. An error of the post office had occasioned the delay. Before an impartial jury, Burr's conduct would convict himself, were not one word of testimony to be offered against him. But to what a state will our law be reduced by party feelings in those who administer it? Why do not Blannerhassett, Dayton, &c., demand private and comfortable lodgings? In a country where an equal application of law to every condition of man is fundamental, how could it be denied to them? How can it ever be denied to the most degraded malefactor? The enclosed letter of James Morrison, covering a copy of one from Alston to Blannerhassett, came to hand yesterday. I enclose them, because it is proper all these papers should be in one deposit, and because you should know the case and all its bearings, that you may understand whatever turns up in the cause. Whether the opinion of the letter writer is sound, may be doubted. For, however these, and other circumstances which have come to us, may induce us to believe that the bouncing letter he published, and the insolent one he wrote to me, were intended as blinds, yet they are not sufficient for legal conviction. Blannerhassett and his wife could possibly tell us enough. I commiserate the suffering you have to go through in such a season, and salute you with great esteem and respect.

TO THE SECRETARY AT WAR.

MONTICELLO, August 28, 1807.

DEAR SIR,--I had had the letter of Mr. Jouett of July 6th from Chicago, and that from Governor Hull, of July 14th, from Detroit, under consideration some days, when the day before yesterday I received that of the Governor of July 25th.

While it appeared that the workings among the Indians of that neighborhood proceeded from their prophet chiefly, and that his endeavors were directed to the restoring them to their ancient mode of life, to the feeding and clothing themselves with the produce of the chase, and refusing all those articles of meat, drink, and clothing, which they can only obtain from the whites, and are now rendered necessary by habit, I thought it a transient enthusiasm, which, if let alone, would evaporate innocently of itself; although visibly tinctured with a partiality against the United States. But the letters and documents now enclosed give to the state of things there a more serious aspect; and the visit of the Governor of Upper Canada, and assembling of the Indians by him, indicate the object to which these movements are to point. I think, therefore, we can no longer leave them to their own course, but that we should immediately prepare for war in that quarter, and at the same time redouble our efforts for peace.

I propose, therefore, that the Governors of Michigan, Ohio, and Indiana, be instructed immediately to have designated, according to law, such proportions of their militia as you shall think advisable, to be ready for service at a moment's warning, recommending to them to prefer volunteers as far as they can be obtained, and of that description fitted for Indian service.

That sufficient stores of arms, ammunition and provision, be deposited in convenient places for any expedition which it may be necessary to undertake in that quarter, and for the defence of the posts and settlements there; and that the object of these preparations be openly declared, as well to let the Indians understand the danger they are bringing on themselves, as to lull the suspicion of any other object.

That at the same time, and while these preparations for war are openly going on, Governors Hull and Harrison be instructed to have interviews by themselves or well-chosen agents, with the chiefs of the several tribes in that quarter, to recall to their minds the paternal policy pursued towards them by the United States, and still meant to be pursued. That we never wished to do them an injury, but on the contrary, to give them all the assistance in our power towards improving their condition, and enabling them to support themselves and their families; that a misunderstanding having arisen between the United States and the English, war may possibly ensue. That in this war it is our wish the Indians should be quiet spectators, not wasting their blood in quarrels which do not concern them; that we are strong enough to fight our own battles, and therefore ask no help; and if the English should ask theirs, it should convince them that it proceeds from a sense of their own weakness which would not augur success in the end; that at the same time, as we have learnt that some tribes are already expressing intentions hostile to the United States, we think it proper to apprize them of the ground on which they now stand; for which purpose we make to them this solemn declaration of our unalterable determination, that we wish them to live in peace with all nations as well as with us, and we have no intention ever to strike them or to do them an injury of any sort, unless first attacked or threatened; but that learning that some of them meditate war on us, we too are preparing for war against those, and those only who shall seek it; and that if ever we are constrained to lift the hatchet against any tribe, we will never lay it down till that tribe is exterminated, or driven beyond the Mississippi. Adjuring them, therefore, if they wish to remain on the land which covers the bones of their fathers, to keep the peace with a people who ask their friendship without needing it, who wish to avoid war without fearing it. In war, they will kill some of us; we shall destroy all of them. Let them then continue quiet at home, take care of their women and children, and remove from among them the agents of any nation persuading them to war, and let them declare to us explicitly and categorically that they will do this: in which case, they will have nothing to fear from the preparations we are now unwillingly making to secure our own safety?

These ideas may form the substance of speeches to be made to them, only varying therein according to the particular circumstances and dispositions of particular tribes; softening them to some, and strengthening them as to others. I presume, too, that such presents as would show a friendly liberality should at the same time be made to those who unequivocally manifest intentions to remain friends; and as to those who indicate contrary intentions, the preparations made should immediately look towards them; and it will be a subject for consideration whether, on satisfactory evidence that any tribe means to strike us, we shall not anticipate by giving them the first blow, before matters between us and England are so far advanced as that their troops or subjects should dare to join the Indians against us. It will make a powerful impression on the Indians, if those who spur them on to war, see them destroyed without yielding them any aid. To decide on this, the Governors of Michigan and Indiana should give us weekly information, and the Postmaster General should immediately put the line of posts to Detroit into the most rapid motion. Attention, too, is requisite to the safety of the post at Michillimacinac.

I send this letter open to the Secretary of State, with a desire that, with the documents, it may be forwarded to the Secretary of the Navy, at Baltimore, the Attorney General, at Wilmington, the Secretary of the Treasury, at New York, and finally to yourself; that it may be considered only as the origination of a proposition to which I wish each of them to propose such amendments as their judgment shall approve, to be addressed to yourself; and that from all our opinions you will make up a general one, and act on it without waiting to refer it back to me.

I salute you with great affection and respect.

TO THE SECRETARY OF STATE.

MONTICELLO, August 30, 1807.

DEAR SIR,--There can be no doubt that Fronda's claim for the money advanced to Lieutenant Pike should be repaid, and while his application to yourself is the proper one, we must attend to the moneys being drawn from the proper fund, which is that of the war department. I presume, therefore, it will be necessary for you to apply to General Dearborne to furnish the money. Will it not be proper to rebut Fronda's charge of this government sending a spy to Santa Fé, by saying that this government has never employed a spy in any case, and that Pike's mission was to ascend the Arkansas and descend the Red river for the purpose of ascertaining their geography; that, as far as we are yet informed, he entered the waters of the North river, believing them to be those of the Red river; and that, however certain we are of a right extending to the North river, and participating of its navigation with Spain, yet Pike's voyage was not intended as an exercise of that right, which we notice here, merely because he had chosen to deny it; a question to be settled in another way.

From the present state of the tranquillity in the Chesapeake, and the probability of its continuance, I begin to think the daily mail may soon be discontinued, and an extra mail once a week substituted, to leave Fredericksburg Sunday morning, and Milton Wednesday morning. This will give us two mails a week. I should propose this change for September 9th, which is the day I set out for Bedford, and will exactly close one month of daily mail. What do you think of it? Affectionate salutations.

TO THE SECRETARY AT WAR.

MONTICELLO, August 31, 1807.

DEAR SIR,--Mr. Madison will have written to you on the subject of a demand of $1,000 furnished to Lieut Pike, to be repaid to Fronda, which of course must come out of the military fund.

I enclose you an application from Mr. Graham for a commission in the army for a Mr. Lithgow, relation of Mr. Henderson, who solicits it, and who, I think, has a just claim for the gratification.

I enclose you also a letter from Captain Brent to Mr. Coles on the subject of their commissions. They presented to me a list of names engaged, and of the officers they had chosen. I do not remember the words of my answer; but the idea meant to be expressed was only that the officers should be commissioned. I had no idea of fixing a date for them before they should have raised what could be accepted as a troop. They seem to have understood the date of my acceptance as the proper date of their commissions. I told Mr. Coles I would consult you; and that my own idea was to inquire what was the smallest number ever admitted as a troop or company, and let their commissions have the date of the day on which they had engaged that number. This may be the subject of conversation when we meet.

I send you a paper on the defence of the mouth of the Chesapeake. We never expect from the writer a detailed, well-digested and practicable plan; but good ideas and susceptible of improvement sometimes escape from him. The first question is, whether works on the shore of Lynhaven may not be constructed for dislodging an enemy from that bay by throwing bombs? and whether they can lie there in safety out of the reach of bombs? There is no other place where they can lie in safety so near the Capes, not to be in danger of being intercepted by gun-boats, and attacked with the advantage of weather. 2d. May not artificial harbors be made on the middle grounds and Horseshoe for the reception of gun boats, with cavaliers for the discharge of bombs? and will not these two points and Lynhaven thus command all the mouth of the bay? To answer these questions will require an accurate survey of the whole field, which, if we have not, we should direct to be made. It is an important fact that the middle grounds have been seen bare; and that both these and the Horseshoe are always shoal. Cannot cassoons filled with stone, and of the shape of truncated wedges, be sunk there in close order so as to enclose a harbor for gun-boats, of such a height as that the sea shall not go over it in the highest tides, and of base proportioned to the height and sufficient to resist the force of the water? The nearest stone is up James river above the Hundred, and up York river above West Point, from whence however it can be brought in ships of size. At New York, they calculate on depositing their stone for from 4 to 5 cents the cubic foot. If it costs the double here, the amount would not be disproportioned to the object, if we consider what a vast extent of coast on the Chesapeake and its waters will otherwise be depredated or secured by works and troops in detail. I throw out these thoughts now that they may be under your consideration, while making up the general statement of defensive works for the sea coast. Present my respects to Mrs. Dearborne, and accept my affectionate salutations.

TO THE SECRETARY OF STATE.

MONTICELLO, September 1, 1807.

DEAR SIR,--I think with you we had better send to Algiers some of the losing articles in order to secure peace there while it is uncertain elsewhere. While war with England is probable, everything leading to it with every other nation should be avoided, except with Spain. As to her, I think it the precise moment when we should declare to the French government that we will instantly seize on the Floridas as reprisal for the spoliations denied us, and, that if by a given day they are paid to us, we will restore all east of the Perdido, and hold the rest subject to amicable discussion. Otherwise, we will hold them forever as compensation for the spoliations. This to be a subject of consideration when we assemble.

One reason for suggesting the discontinuance of the daily post was, that it is not kept up by contract, but at the expense of the United States. But the principal reason was to avoid giving ground for clamor. The general idea is, that those who receive annual compensations should be constantly at their posts. Our constituents might not in the first moment consider 1st, that we all have property to take care of, which we cannot abandon for temporary salaries; 2d, that we have health to take care of, which at this season cannot be preserved at Washington; 3d, that while at our separate homes our public duties are fully executed, and at much greater personal labor than while we are together when a short conference saves a long letter. I am aware that in the present crisis some incident might turn up where a day's delay might infinitely overweigh a month's expense of the daily post. Affectionate salutations.

TO MR. COOPER.

MONTICELLO, September 1, 1807.

DEAR SIR,--Your favor of the 9th is received, and with it the copy of Dr. Priestley's Memoirs, for which I return you many thanks. I shall read them with great pleasure, as I revered the character of no man living more than his. With another part of your letter I am sensibly affected. I have not here my correspondence with Governor McKean to turn to, but I have no reason to doubt that the particular letter referred to may have been silent on the subject of your appointment as stated. The facts are these: The opinion I have ever entertained, and still entertain as strongly as ever, of your abilities and integrity, was such as made it my wish, from the moment I came to the administration, that you should be employed in some public way. On a review, however, of all circumstances, it appeared to me that the State of Pennsylvania had occasions for your service, which would be more acceptable than any others to yourself because they would leave you in the enjoyment of the society of Dr. Priestley, to which your attachment was known. I therefore expressed my solicitude respecting you to Governor McKean, whose desires to serve yourself and the public by employing you I knew to be great, and of course that you were an object of mutual concern, and I received his information of having found employment for your talents with the sincerest pleasure. But pressed as I am perpetually by an overflow of business, and adopting from necessity the rule of never answering any letter, or part of a letter, which can do without answer, in replying to his which related to other subjects, I probably said nothing on that, because my former letter had sufficiently manifested how pleasing the circumstance must be to me, and my time and practice did not permit me to be repeating things already said. This is a candid statement of that incident, and I hope you will see in it a silence accounted for on grounds far different from that of a continuance of my estimation and good wishes, which have experienced no change. With respect to the schism among the republicans in your State, I have ever declared to both parties that I consider the general government as bound to take no part in it, and I have carefully kept both my judgment, my affections, and my conduct, clear of all bias to either. It is true, as you have heard, that a distance has taken place between Mr. Clay and myself. The cause I never could learn nor imagine. I had always known him to be an able man, and I believed him an honest one. I had looked to his coming into Congress with an entire belief that he would be cordial with the administration, and even before that I had always had him in my mind for a high and important vacancy which had been from time to time expected, but is only now about to take place. I feel his loss therefore with real concern, but it is irremediable from the necessity of harmony and cordiality between those who are to manage together the public concerns. Not only his withdrawing from the usual civilities of intercourse with me, (which even the federalists with two or three exceptions keep up,) but his open hostility in Congress to the administration, leave no doubt of the state of his mind as a fact, although the cause be unknown. Be so good as to communicate my respects to Mr. Priestley, and to accept yourself my friendly salutations, and assurances of unaltered esteem.

TO THE SECRETARY AT WAR.

MONTICELLO, September 2, 1807.