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LETTERS AND OTHER WRITINGS

OF

JAMES MADISON.
4

VOL.

II.

LETTERS
AND OTHER WRITINGS
or

JAMES MADISON
'I

FOURTH PRESIDENT OF THE UNITED STATES.

IN FOUR VOLUMES.

PUBLISHED BY ORDER OF CONGRESS.

VOL.

II.

1794-1815.

PHILADELPHIA:
J.

B.

LIPPINCOTT
1865.

& CO.

Entered according to act of Congress, in the year 1865, by

J. B.

LIPPINCOTT 4

CO.,

in the Clerk's Office of the District

Court of the United Stales for the Eastern District

of Pennsylvania.

CONTENTS OF VOL,

II.

1794.

[P.

130.]
-

To George Washington.
Return of pamphlets

February 8th
-

1 1 1

To Thomas

Philadelphia, 2 March Jefferson's commercial Report. Resolutions of Virginia.

Jefferson.
ish party.

The

Brit-

Calumnies -

Public meetings in Boston and New York. Scheme of frigates to block up the Mediterranean. Genet superseded by Fauch^t

2,3

La

Forest.

Petry.

movements.

Anglicism of aristocratic party. Genet's future Fate of Brissot. Alleged charter of American vessels

for supplying the British

armament

in the

West Indies

4
5

To Thomas

Jefferson.

Philadelphia, March 9

Commercial propositions. Public meeting in Philadelphia. Fitzsimmons, Bingham, Swan wick. Arrogant action of the minority. Progress of British outrages. Idea of an Embargo Fauchet's conciliatory plan. Project of a squadron of frigates. Burning of French ships at Toulon

5
6

To Thomas

Jefferson.

March 12
West
Indies.

British seizure of vessels in the

Supposed policy of
-

Great Britain.

The remedy

6,

7 7
7

To Thomas

Jefferson.

Sedgewick.

Philadelphia, March 14 Provisional army. Commercial propositions

To Thomas Jefferson. March 24 Embargo negatived. Fauchet To Thomas Jefferson. March 26 Renewed proposition for an embargo.

8 8
8

Commercial propositions. Pinch of the inquiry into the Treasury. Hamilton's endeavour to parry the difficulty. Origination of Taxes. Small-pox in Richmond. Excitement at Charleston To Thomas Jefferson. Philadelphia, March 31 Reference of the ways and means. The fiscal party. Mercer ,

8,

9
9

9, 10

To Thomas

Jefferson. Philadelphia, April 14 Propositions in H. of R. to sequester British debts; for a lien on British merchandise, &c.; for suspending imports from Great Britain

10

and Ireland. Rumored project of an extraordinary mission to G. B. Hamilton talked of to fill it. Issue of his trial. Letter of the President. Committee on Ways and Means. Expected tax reports.

43258':

CONTENTS OF VOL.
1794.

II.

PAGE
Continued.
Edition of Milton. Fau-

Embargo. French triumphs on the Rhine. chet Expected recall of G. Morris

10, 1]

To

Thomas Jefferson. Philadelphia. April 28 Hamilton. Nomination of Jay as Non-importation bill in H. of R. on the ground of Envoy, Ac. Objections, since his confirmation, his continuing Judiciary character

and the war with France. The Minister's contin<f The English prints ued domination in Parliament. Miscarriages at Toulon, &c. Taking

Tc

of Martinique. Accounts from the West Indies. French affairs Joshua Barney, Frederick Folger, and "Wm. Mclntire. Philadelphia,

12

May

12

Sentiments of American masters of vessels detained at Jamaica on the

writer's resolutions.

Acknowledgments
-

12,

13
13

To Mr.

Jefferson.

May

Howell.
in the

Van

New

Aristocracy, Anglicism, and Mercantilism England States. Boston. Supposed popular delusion.
Staphorst.
-

Weather

13 14

To Thomas

Philadelphia, May 11 Taxes. Practice in II. R. of copying items from British revenue laws.

Jefferson.

Excises.
taxes.
ries.

Tax on carriages as an indirect tax. Avenue to direct Efficacy of a watchful standing corps in dividing adversaIdea of sumptuary regulations. Luxury and a great estate.
transfers of stock.
-

Tax on
Its effect

Appointment of Jay and the Democratic

-

Societies

14

on Legislative measures; on the President's popularity. Nonimportation bill. Embargo. Motion of Smith, of S. C. Conjectures
as to his motives.

Accounts from the W. Indies

15 1C

To James Madison.

Philadelphia, May 19 Agricultural, &c. Contemplated sale of land. Discontent as to the excise. Other excises in agitation. land tax. Embargo. Price

of flour-

To Thomas

Jefferson.

Philadelphia,

Correspondence of E.

bargo negatived.

May 25 Randolph and Hammond on continuance of emPolicy which now triumphs. Discouragements

...

16 17

17 18

To Thomas

Philadelphia, June 1 " Stamp act. The sentinels of stock." Carriage tax. Attempts to get a powerful military establishment. Bill for punishing certain crimes. Bill of H. R. for complying with Fauchet's application for a million of dollars. Monroe-

Jefferson.

18

To Thomas

Jefferson.

Hamilton.

Philadelphia, November 16 Innovation of a standing army to enforce the laws. Con-

18

gressional elections. wick. Fit/.simmons.

(Tillon.

Prospects. Ames. Dexter. Patton. Smith. Tucker -

Clarke.

Swan-

18, 19

Barnwell.

Hunter.
Bradley.

Harper.
King.

Prospects for the Senate.

Langdon.

Payne.

R. Morris.

Potts.

Henry.

CONTENTS OF VOL.
1 7 94.

II.

v
PAGE.

Continued.

Izard.

Gun.

Telfair.

Jay's humiliating memorial.

Posture of things in Europe. Monroe. Prices

England.
-

20 21

To Thomas

Philadelphia, November 30 Democratic societies. President's speech. Answer of the Senate.

Jefferson.

Answer of H. R.
Committee
Nicholas.
ism.
-

Sedgwick.

Scott.

Fitzsimmons.

Report of the
21

President's reply.

Dangerous game against RepublicanJay.

-

Its objects.

Monroe.

22,

23

To James Monroe.
rection
-

Philadelphia, December 4
to the convention.

23
23

Monroe's address

.Jay's mission.
-

Western insur-

Denunciation of the "self-created societies."

President.

Political error of the

Party game.

Danger
<fec.

to the President's popularity.

Arbitrary denunciations,

Elections in

New England
Griffin.

and Penn-

sylvania In N. York, Maryland, Virginia, and N. Carolina. Barnwell. S. Carolina. Gillon. Delaware.

24, 25

R. B. Lee.

Patton.

Latimer.
S.

Fitzsimmons. Philadelphia. Swanwick. T. Mason. Dawson. Brooke Governor.

Senate.

Tazewell.
T.

Randolph. Jones. Carter. Monroe's farm in Albemarle. Hamilton.

Wood. Jefferson. Wilkinson. Vermont Knox.

Burr
-

M.
-

25, 26

27

To Thomas

Philadelphia, December 21 Post. Weather. Prices. Blow levelled at the "self-created societies," an attack on the right of the citizen. Appeals to public sentiment.

Jefferson.

28

E.Livingston

28

Watts. Boston. Elections in Massachusetts. Ames. Sedgwick. Goodhue. Dexter. Gerry. N. York. N. Jersey. Hamilton. Knox.

Bingham.

Project to disfranchise the insurgent counties in Pennsylvania. Fitzsimmons. Gallatin -

29

1795.

[P.

3070.]
-

To Edmund Pendleton.
European news.

Philadelphia, January 8

30

Jay's negotiations. His former opinion on the Carriage tax. Naturalization Bill. Giles. Clause requiring renunciation of nobility. Conditions having reference to the present state

To

of Europe. Two extremes to be guarded against. Public debt. Increase of impost. Exclusion vote in the Pennsylvania Legislature 30, 31 against representation, &c., from counties lately in insurrection Mr. Jefferson. Philadelphia, January 11 31

Requirements of the Naturalization bill. Nobility clause. Dexter's set off. Increase of revenue from trade. Excises. Reports of Committees. French victories. Stadtholder. Duke of York, ^russia.

The Emperor. Jay. Monroe To Thomas Jefferson. Philadelphia, January 26

French
victories, &c.

31, 32

33

Naturalization

bill.

Military establishment.

yj

CONTENTS OF VOL.
1795.

II.
PAGE.

Continued.
Dis-

for an estimate. Public debt. Motion to call on the President cussions. Hamilton's valedictory report

33, 34

To Thomas

Jefferson.

Jay's treaty.

Philadelphia, February 15 N. in Elections York, Massachusetts, Western posts.

Dexter. Varnum. LatiDelaware, N. Carolina. E. Livingston. Yates. Clinton. Floyd. Jay. Van Renssemer. Bloodworth.
'

laer.

Hamilton

34 35
>

Western military establishment. Public debt. Indian treaty. Wayne. Power claimed for the Executive. Hamilton's arrogant valedictory
report.

New

irredeemabilities.

Christie

35, 36

To James Monroe.
To Thomas

Philadelphia, March 11

Jacobin Societies.
Jefferson.

Arrival of Jay's treaty. Philadelphia, March 23

Secrecy

37

To

Personal Suggestion concerning a scientific body. " Sketches on rotations." Jay's treaty. Monroe. Books. Boardly's Jacobin clubs. Yates and Jay. Speeches of Pitt and Fox James Monroe. Philadelphia, March 26

38
39

40
41, 42

Swan.

Prices.
-

Jay's treaty.

Surmised stipulation.

Rumored

par-

ticulars

To Thomas

Jefferson.

August

Meetings in N. York, Portsmouth, Boston, and Philadelphia. RichDr. Stuart. The Lees. mond. Wythe. Andrews. The Bishop. Chancellor Livingston To R. R. Livingston. August 10

43
44

Lord Grenville. Jay's Gloomy Richmond meeting. former pamphlet. The Federalist, No. 11. Wythe. Alexandria. Situation of the President. Doubt as to the propriety of uninvited communications from the writer. Apprepicture of Jay's treaty.
Strictures.

To

hended application of Jefferson's doctrine 43, 44 46 [Serrib. Tench Coxe, or Dallas.] Orange, August 23
.

Publications relating to Jay's treaty. The " Features." Camillus. Resolutions of the N. York Chamber of Commerce. Jay's former language. Federalist, No. 11

47

Important characteristics of the treaty.

the carrying trade.
2.
1

1.

Ruinous tendency as to
1,3.

which every point

of the

Insidious hostility to France. law of nations is regulated

Spirit in
-

48, 49

Unequal execution of the Treaty of Peace. Provisions as to spoliations and vexations. Omissions. Admission as to contraband. British pretext, and pretension to intercept trade of neutrals in articles

not contraband

50, 51, -52

New

Stipulation against freedom of enemy's property, in neutral bottoms. Principle of the maritime States of Europe, except G. B., that free ships give freedom to their cargoes.

articles of contraband.

Her

accession, in

some
S.

treaties, to the principle

53, 54

Reasons why the U.

should not unite in a retrograde effort on

this

CONTENTS OF VOL.
1 7 95.

II.

vii
PAGE.

Continued.

subject.

Illustrations of the

unequal operation of the Treaty, in

-

reference to the law of nations

54, 55, 56

on which the Treaty places- Commerce 56, 57, 58 Existing circumstances do not dictate the acceptance of a treaty thus
Objections to the footing

unequal, &c., &c.

58, 59

To Thomas

Jefferson.

August 24

59 59

Monroe's correspondence with Pickering. Committee on Blount's and Liston's conspiracy. Dawson. " Large flsh"

To Thomas

60 Orange, October 18 Letter from Monroe. New England men trading to France on British capital. Swan. E. Randolph. State elections in Pennsylvania and Delaware. French Constitution. Rumor of war between Eng*^ land and Spain 60, 61 To Thomas Jefferson. Fredericksburg, Nov. 8 61 Papers. Wheat. E. Randolph's publication. Diary of a friend in North Carolina 61

Jefferson.

To Thomas

Jefferson.

Philadelphia,

December

62

Postage.

Muhlenburg. Dayton. Cabinet. Secretaryship of State offered to Henry. Agitations in Paris. Decree of two-thirds. E.

Randolph

62

To Thomas
tee

Philadelphia, December 13 President's speech. Answer of H. R. Open doors.

Jefferson.

63

Senate CommitE.

dolph.

on the answer. Sedgewick. Sitgreaves. Jay's Treaty. Flour Philadelphia, December 20 Injunction of secrecy removed and restored.

Ran-

63,

64

To James Monroe.

64

Treaty Jay's treaty. sent to the press by Mason. First impression. N. York and Boston Chambers of Commerce. The President. Fauchet's intercepted letter.

Expunged clause
J.

Address from merchants of Philadelphia. Public sentiment. in answer of H. R. Prospect 64,

E. Randolph's pamphlet.
-

65, 66

Disposition of France.

Pickering.
-

C. Lee.

Jones

67
-

To Robert Simms, To

Philadelphia, December Memorial asking an Impeachment of the Senate Thomas Jefferson. Philadelphia, December 27 (of S. C.)

68

68
69

E. Randolph's pamphlet.
affairs.

President's speech. Jay's Treaty. French Monroe's opinion of the Treaty. Reversal of Bermuda de-

crees

69,

70

1796.

[P.

70110.]
-

To Thomas

Philadelphia, January 10 Contract of Detroit traders, &c., for obtaining the peninsula formed by Lakes Huron and Michigan. Efforts to work the project through
Jefferson.

70

Congress.

Warrant.
Giles.

Privilege
affairs.

71
\^

The Treaty.

French

T. Paine's rancor against the

yiii

CONTENTS OF VOL.
1796.

II.
PAGE.

Continued.
President's speech
-

To

French flag. Its supposed cause. Attack on Randolph's Vindication James Monroe. Philadelphia. Jan. 26 French Spanish Treaty. S. Smith.
President
to Adet.
'

72,

73

flag. Jay's Treaty. Political Observaand attack on it. Bond. dolph's Vindication, " Blair 73,74,75 tions acknowledged. Paine. C. Lee. J. Rutledge.

Adet.

Ran-

To Thomas

Jefferson.

Philadelphia, Jan. 31
Excise.

75

Jay's Treaty.
rapher.

Spanish Treaty. Revenues and wants.

Debate on employment of a stenogDirect taxes.

S.

Gallatin.
-

Hamilton.

Gov. Adams.

Massachusetts.

Smith

75, 76

To Edmund Pendleton.

Phila., Feb. 7

77

Pendleton's observations on the Carriage Tax. British Treaty. Forms. New Hampshire. Massachusetts and Virginia. Treaties with Spain

To

77, 78 English and French affairs. Flour 79 7 Feb. Thomas Phila., " Jay and Jefferson." Dohrman. MazWeekly history, &c. Cypher. zei. England. France. Exportations of the bread articles. Scanty crops in N. Carolina, Virginia, Pennsylvania, &c. Flour. Embargo.

and Algiers.

Jefferson.

"Spell within the Government." Jefferson's "historical task." J. 79, 80 Cushing. Chase. Blair. McHenry 81 To Thomas Jefferson. Phila., Feb. 21 De Grasse's daughters. Mad. de Chastelleux's son. Western lands.
Rntledge.
British, Spanish,

and Algerine
Marshall.
C.

treaties.

Virginia Treasury.
gersoll.

Campbell.
-

Case of payments into the Lewis. Tilghman. In-

Hamilton.
Phila.,

Lee

81
82

To James Monroe.

Feb. 26

British, Algerine,

Pickering. C. Lee. Dr. McHenry. J. Rutledge. Cushing. Chase. Blair. Judicial vacancy. Virginia amendments. Legislatures of N. Hampshire, Massachusetts, Rhode Island, N. Jersey, Pennsylvania, and Delaware. Presitreaties.

and Spanish

dent will not serve beyond his present term. Conjectures as to the successorship. Jay. J. Adams. II. Lee. Jefferson. Loan on mortgage of public lots. Western lands. New taxes. Wolcott 82, 83 Constitutionality of the carriage tax argued by C. Lee, Hamilton, Ingersoll,

and Campbell.

Virginia Treasury, argued

man.

Bingham.
Jefferson.

Payments into the by Marshall, Campbell, Lewis, and TilghPickering. Bache

Feb. 29

Judges on the bench.

84
85

To Thomas

Phila.,

Treaty with Spain.

Curious features of the Algerine Treaty.

-

President's birthday

To Thomas

.....
The
-

g5 86

Jefferson.

Phila.,

March

Algerine and Spanish Treaties. King. laid before H. R., and proclaimed.
lands.

Federal

city.

Ingersoll.

Foreign

affaire.

Carriage tax. Prices

British treaty Pinckney. Livingston's motion. Back Hamilton, C. Lee, Campbell,

-

86, 87

CONTENTS OF VOL.
1796.

II.

Continued.
-

To Thomas

Jefferson.

Phila.,

March 13

88
-

Rittenhouse.

Kitchen stoves.
Phila., April 4

Discussion of the British Treaty.

Flour

88
89

To Thomas

Jefferson.

Dohrman.
ray.

Sharpless. Howell. Lownes. Post roads. Bringhurst. Call for the Treaty papers. President's refusal. Camillus. Mur-

Hamilton.

Loan

for the Federal city.

British

French
in

affairs.

Truce

Forced loan. of the Convention To James Monroe. Phila., April 7

with Austria.
Paine's letter to the President.

armament

W.

I.
.

Journal
(

89,90,91
-

91
91, 92

Caution.

Bache.

Yard

Base insinuations.
Books, &c.
ceedings

Swan.

Economy.

Skipwith. Suspicion of meditated recall. Elections in Boston. Congressional pro-

92,

93 94

To Thomas

Jefferson.

Phila., April 11

President's refusal of papers. Propositions. Question under rules of H. R. Proposed Embargo on Indian corn. Bache. Treaty De-

bates

94 95

To Thomas

Jefferson.

Phila., April 18

Spanish, Indian, and Algerine treaties. Proposition of opponents of the British Treaty. Expedients of its friends. Counter movements. Iredell's charge, &c. To James Monroe. Phila., April 18 Fulton. British Treaty laid before H. R. Livingston's motion for

Dohrman.

95

96

call

on the President for instructions, &c.

Message refusing papers.
writer's speech.

Amendment.
Attempt
to

Debate

of several weeks.
in N. York.

Stratagem contrived

The

No

reply.

lump

all

McClay's motion. Efforts for and against the Treaty. Ross's manoeuvre 96, To Thomas Jefferson. April 23 -v, The British Treaty. A melting majority. Extraordinary manoeuvres.
the treaties.

97,

98

98
98
99

Bank influence To Thomas Jefferson. May

Butler.

Senate Journals.

Vote on the treaty question.

Dearborn's
Character
<
-

motion.

Wrongheads. Faults of friends. Influence. of an appeal to the people on any pending measure

99, 100

To Thomas Jefferson. May 9 The British Treaty. Influences of Aristocracy, Anglicism, and Mer-

100

cantilism.

Name

To James Monroe.
Fulton.
proposition.
States.

Phila.,

of Washington May 14 -

100, 101
-

101

British Treaty.

Muhlenberg.
Influences.

Patton.

Varnum. Dearborn's
101, 102

Vote.

President's appeal to the smaller

Effect.

Bond and
Hint.

Pickering.

Adet
result doubtful.

England and France.

next Presidency.

Bill prohibiting sales of prizes.

The
N.

Jefferson.

Adams. General

CONTENTS OF VOL.
1796.

II.
PAGE.

Continued.
Fitz-

York.

simmons.

R. General ticket in Pennsylvania. A decision by H. Innes. Pinckney. Gore. Cypher

Phila.,

102, 1C

To Thomas

Jefferson.

May

22

British Treaty.

cause. News Crippled condition of the Republican loan. from Europe. French dispositions towards U. S. Forced " French Executive. The Minerve." King. Humphreys. Pinck104,105 Short

ney.

To Thomas

Jefferson.

May

30
fall

105 105
106 106

and Expected peace between France and England, Moneyed distresses, &c., in England

of provisions.
-

To

George Washington. Phila., Dec. 1 Treatise on small canals, &c.

Jefferson.
Phila., Dec. 5

To Thomas

106

Doubt whether the electors

ture as to Pinckney.

will leave Jefferson to repose.

Conjec-

Suspected jockeyship. J. Adams inimical to Banks, and headstrong. Chance of a devolution of the business on H. R. Indiscretion and unhappy effect of Adet's note. Impudent
pretence founded on
it

106, 107
-

To Thomas Jefferson. Dec. 10 The Presidential election. " Exitus

cile himself to the

107

in dubio."

Jefferson must recon-

that should

ams.

Vice Presidency, as well as to Presidency, if be his lot. Prevailing idea as to Pinckney and J. AdCommittee on answer of H. R. to President's speech
Phila., Dec. 19
-

107
108

To Thomas

Jefferson.

Presidential election.

Returns.

Doubt

as to result.

Probability that

Jefferson will be called to the Vice Presidency. His duty to accept it. His probable influence in Adams's Councils. Answer to Presi-

To Thomas

dent's speech Jefferson.

108, 109
Phila., Dec. 25
-

109

Uncertainty as to Presidential election. Vermont, Georgia, Tennessee, and Kentucky. Pinckney. N. Hampshire. Foreign relations.
France.
Spain.

The

British party.

Banks

109, 110

1797.

[P.

110121.]
-

To Thomas

Jefferson.

Phila., Jan. 8

110

Presidential election.

Vermont

votes.

J.

Adams.

Jefferson's sup-

posed election
roe.

to the

Vice Presidency.
Spain.

Affairs with France.

Mon110,111
-

Pinckney.
Jefferson.

Malmesbury.
Phila., Jan. 15

G. Britain-

To Thomas

111

Delivery to J. Adams of Jefferson's letter suspended, and why. French affairs. Direct taxes. Hamilton. Deceptive statement.
to

Treachery
.

Adams
Jefferson.
Phila., Jan. 22
affairs.
-

111? 112> 113

-

To Thomas

Message on French
Eastern

Rumor

denied.

members

....
Dr. Logan.

113

Direct tax.

113

114.

CONTENTS OF VOL.
1797.

II.

xi
PAGE.

Continued.
*
J.

To Thomas Jefferson. Answer to Adet's To Thomas Jefferson.

Phila., Jan. 29

114
115

note.

British party. Phila., Feb. 5

Adams

114, 115
-

French and British depredations. Pickering's corrosive letter. DiffiBill for collecting taxes. Suspected policy. J. Adams. culties. Abortive negotiations at Paris. Rumor as to the Spaniards 115, 116 To Thomas Jefferson. Phila., Feb. 11 116 Notice of election. A rumored intimation of J. Adams. Inferences. Pinckney. Monroe. Buonaparte. Bloodworth 116, 117

To Thomas

Jefferson.
letter.
J.

Orange, August 5

118

Monroe's
letters.

President Washington's action concerning spurious Adams. Jefferson's letter to Mazzei. Petition concern<fcc.

ing Grand Juries, &c.

118
119 119 119

To Thomas

Jefferson.

October 20

A pamphlet of complaints, insinuations,

To James Monroe.
J.

Orange, Dec. 17
political tenets.

Adams's speech and

Domestic

119, 120

To Thomas

Jefferson. Orange, Dec. 25 Weather. Liston's plot. Envoyship to France. Monroe's publication. President's arrogation of prerogative for proroguing the Legisla-

120

ture.

Reflections

121

1798.

\P.

121150.]
-

To Thomas
Bell.

Orange, Jan. 21 Attack on Monroe's publication.

Jefferson.

121

Amherst Memorial.

Pre121, 122

sentment by a Grand Jury.

Accounts as to Ministers

to France.

Weather To James Monroe.

Domestic.

123 Talleyrand. Bournonville. The Spanish Minister and the Executive. Privateering avidity. Jay. Potatoes, <fcc. 123, 124

Feb. 5

To Thomas

Jefferson.

Orange, Feb. 12
Prospects.
Scipio.
P.'s

124

Negotiation at Paris.
cultural.

A war with Spain.

malice
-

Listen.
-

Agri124, 125, 126

Monroe.

126 February Hot-headed Executive. Managers for Blount's impeachment. Contrast between characters of Washington and J. Adams. Affair of 126, 127, 128 Lyon and Griswold. Mail. Weather 128 To Thomas Jefferson. March 4 Tazewell's speech. Impeachments and Juries. Present Constitution of the Senate. Countervailing act of Great Britain. Comparative

To Thomas

Jefferson.

tonnage.

Jay.

Griswold's deliberate

riot.

Sewall.

Harper.
-

Snow To Thomas Jefferson.

128, 129, 130

-

March 12

130

The Whigs and Washington's Birthnight. Non-attendance of the Adamsites. Stamp Act. Books. Weather 130,131
-

jLii

CONTENTS OF VOL.
1 798.

II.
PAGE.

Continued.
'

To Thomas

April 2 and heretical politics. PrinPresident's Message. Violent passions H. R. War spirit of the Executive branch supasserted
Jefferson.

131

ciple

by

and guarded against. Doctrines lately posed by the Constitution, advanced. Suggestions. Duty of Congress. Executive usurpation. mistake of Expedient of adjournment for consulting constituents.

Jefferson

"L

132, 133

To Thomas

Jefferson.

Muhlenberg.

April 15 Effect in France of President's speech.

Partisan use of
his treaty.

conduct. stupidity of Talleyrand's

it.

Depravity and Motive for

communicating papers. Jay and

Generally ineligible.

Spriggs's proposition.

134, 135 Exceptional cases as to President's dislike to the city of Washington. Differs in 'opinion two papers. [" Marcellus," in Fenno's paper, attributed to Hamil136 Declines answering them. Crops. Weather, &c.

ton.]

To Thomas

Jefferson.

April 22

Instructions and despatches.

Their impolicy
-

137

To Thomas

Jefferson.

April 29

138

Despatches.
vate

Probable public sentiment. Many of the details a libel on the French Government. Monroe's opinion. Naval bill. Priaffairs.

J.

Bringhurst

138, 139
-

To Thomas

Jefferson.

May

139

Success in turning the Despatches to inflammatory uses. Sidney's for Analysis. Spirit and fate of Robespierre. Jay's contrivance

reproducing Hamilton.

His treaty.

Weather.

Dawson.

Carey's
139, 140
-

paper

To Thomas Jefferson. May 13 Uses made of the Despatches.

140

Solemn

lessons.

Management of

for-

maxim. eign relations peculiarly susceptible of abuse. President. Weather. Threshing machine on Martin's plan

The
-

141

To Thomas
Alien

Jefferson.
bill

May

20

142

views.

proposed in the Senate. The President's principles and Censure on his language to the young men at Philadelphia. His denial of any one common principle between the American and French Revolutions. Elections in New York. Meeting in Fredericksburg.

Last despatch from the Envoys.

Weather

142, 143
-

To Thomas

Jefferson.
bill.

May

27

143

Direct tax

Successes of the

Policy of the Executive. tution. View of it enclosed.

Temper of the Envoys. President's eulogy on the British ConstiCallender

War party.

To Thomas
S.

Jefferson.

June 3

....
-

143, 144
-

144

Bourne.

Inconsistent conduct of the

war

party.

Rumor

that the

President's proceedings are not approved Ac.

by Washington. Weather,
-144, 145
-

To James Monroe.

June

9-

145

CONTENTS OF VOL.
1798.

II.

Continued.
J.

Addison's base attack.

Dr. Edwards. Whitesides.

it.

Adams's

sortie.

Difficulties as to treating

Suggestion.

Jefferson's opinion.

A
146, 147

To

seat in Congress Thomas Jefferson. June 10

147

Law for

capturing French privateers. Bill for suspending commerce with the French dominions. Flour. Doubtful effects. President's answers to his addressers. Franklin's character of him. " The Senatorial

muse."
-

J.

Adams's assault on Monroe.

Doubt how

to ad147, 148

vise

To Thomas

Jefferson.

Dec. 29
President's speech. Answers of Discussions at Richmond on the alien and sedition
nails, &c.

149

Gen. Moylan.
laws.

Draught,

the two houses.

Apprehended intemperance.
-

Point for consideration.

Mc149, 150

Gehee

1799.

[P.
-

150153 ]
"

To Thomas

January 12 Observations enclosed. * Gordon's history and alien

Jefferson.

150
bill.

Sedgwick.
150, 151
-

Lyon.

Wilkes's case

To Thomas
Gerry.

Jefferson.

Feb. 8

151

Pickering.
Jefferson.

The President
Richmond, Dec. 29

151
-

To Thomas

151

Sickness.

Vindication of Virginia Resolutions. Giles's Resolutions. Report. H. Nelson. Andrews. Saunders. N. Carolina. Pay of members. Foreign events. France. Dawson $*.\ 151, 152, 153
1800.
[P.

153165.]
..-

To Thomas

Jefferson.

Richmond, Jan. 4
-

.-

153

Giles's Resolutions. Report.

State interference.

Amendment. Com153, 154

-

mon
To Thomas

law.

Priestley

Jefferson.

Jan. 9
Constitutionality, &c. Richmond, Jan. 12 -

154 154
154

Report.

Debate.

Common law Common

._

"*

^ir*

To Thomas

Jefferson.

".>
law. Gen-

Giles's Resolutions. Abuse. Sedition. eral ticket

Tobacco.

154, 155
>;.:

To Thomas

Richmond, Jan. 18 Vote on Report and Resolution. General

Jefferson.

155 156

ticket.

Pay

of

members

155, 156

To Thomas
Jury

Jefferson.

Feb. 14
Military authority.
;.\,

Destiny of the French Revolution. Issue to U. States. Snow. Trumbull's prints

bill.

156, 157
-

To Thomas
Bill

Jefferson.

March 15

157

Report on ways and means. Danger of legislative interference, &c. General ticket law. Snow
concerning Electors.

Ramsay.

157, 158

To Thomas

Jefferson.

April 4

ft

158
iv.,

[* See Jefferson's Letter, Jan. 30, 1799, to Madison. Writings,

278.]

xiy

CONTENTS OF VOL.
1800.
Nicholson's motion.

II.
PAGE.

Continued.
liberty.

French defection from

Encrusting
159

brick

To Thomas

Jefferson.

April 20

Posture of Europe.

France and U.

States.

General ticket law of

Virginia. Dupont To James Monroe. Orange, May 23

Possible experiment on the Sedition act. Prudence important.

Camp

Warwick To James Monroe

at

Alston.

Burr.

Gelston.

Caution against a division of the Republi160

-

can votes

To Thomas

Jefferson.

September
October 21

Mission to France.

Conjectures.
-

Treaty of 1778
Island.

To Thomas
Alston.

Jefferson.

Burr.

To James Monroe.
Erwin.

Gelston. Rhode November 10 -

Observator.

Hamilton

162 162

Jefferson.

Elections in Charleston and in parts of Virginia

162, 163
-

To James Monroe.
Erwin.

November 10

163

Prospects of the Presidential election. candidate

Jefferson.

--

The " secondary "

---163
-

To Thomas
Erwin.

November
France.
S.

164

Monroe.

Carolina.

Pennsylvania.
-

Maryland.
164, 165
-

To James Monroe.

some counties of Virginia December Election reports. Newton. State Bank To Thomas Jefferson. Orange, Dec. 20
Duval.
Elections in

165

165
165

Choice of electors in

S. Carolina.

Elections in other States.

Pros165, 166

pect

H. R.

Gelston.

Davie
[P.

1801.

166175.]

To Thomas

166 January 10 Vote of Kentucky making a tie between Jefferson and Burr. Considerations. President Adams. Coke. Pickering. Hamilton's pamphlet ["Quere: Letter on J. Adams?"] Contingency of a suspension or usurpation of the Executive authority 166, 167, 168 French convention. Ellsworth. Davie. Murray. Hamilton. The

Jefferson.

Senate.
trals.

G. Britain.
Health.

Prospect of a Northern Confederacy of neuofficial

Allusion to offer of

appointment

168, 169, 170

-

To Thomas

Jefferson.

February 28

171

Death of James Madison, Senior. President Adams. Result of contest in H. R. Committee on the late fires. Expected step of new
Administration.

To James Monroe.
Calender's
fine

May
-

Page. 6
-

Dr. Tucker.
-

Callender
.

171, 172

172
-

-172

CONTENTS OF VOL.
1801.

II.

xy
PAGE.

Continued.
1
-

To James Monroe.

Washington, June
Portugal.

fine.

173

Callender's solicitations for office,

His love, and

Mediterranean trade.

Rumored

E. Randolph. cession of Louisiana to

France 173, To James Monroe. Washington, July 25 Dawson. King. Hawkesbury. Friendly proceedings of the British Government. Jefferson 174, To James Monroe. Washington, Oct. 24 Negotiation for settling difficulties under 6th article of British treaty. Spanish seizures. Elections in N. Jersey and Pennsylvania
1802.

174 174
175

175 175

[P.

176177.]
?]
-

To James Monroe.
To James Monroe.
Dawson.

Washington. January 8
Inquiries as to qualifications. [Qu. Washington, January 19

176 176 176 176

177 177
-

President's message.

British relations

To

Van

Polaren.

Virginia,

August 13

Batavian Republic.

Mutual

recalls, &c.

...
'

1803.

[P.

177191.]
1
-

To James Monroe.
N. Orleans.

Washington, March
Yrujo.

177

Ross's proposition.

France. Spain. The Mississippi. Fayette. Beaumarchais' claim Extract of a letter from Albert Gallatin to

Breckenridge's motion. Proposed grant of land to La

177, 178, 179 179, 180

James Madison

To James Monroe.

Washington, April 20 Relations to France and Spain. Suspension of the deposit. Alleviations of the injury. Elections in New England and Virginia. Brent. Lewis. Affair between the President and J. W. Grant of land to

180

La Fayette
To James Monroe.

180, 181, 182

-

Washington,

May

182

Expected rupture between England and France. Order for restoring the deposit. Cession of Louisiana to Fcance. Laussat. Casa Calvo.
Pichon.
Yrujo.
Elections in

New

York, Virginia,

New England.
182, 183
-

Bright prospects

To James Monroe.
Mr. Hughes.

Washington, July 30 Purchase of Louisiana.

183

Its uses.
-

R. R. Livingston.
-

Swan.

Gallatin.

Gov. Mercer's project

183, 184, 185

To Thomas

Orange Court-House, Va., Aug. 20 False report concerning the British Government, and the cession of

Paine.

185

Louisiana to U. States

185, 186
-

To James Monroe.

Washington, October 10

186

Yrujo's further remonstrance.

Impressments.
King.

Cavils of Spain. Pichon. Baring. Jurisdictional rights of U. S. Public feeling. R.

-

To Barbe Marbois.

Purveyance. [Qu.?] Department of State, Nov. 4

186, 187
-

187

xvi

CONTENTS OF VOL.
1803.

IT.
PAGE.

Continued.
Spain.
Interest of

The late Treaty. France-

Pichon.

Interposition of
.

188 187. '

To Mr. Marbois, (but not sent) Statue of Henry 4. His character To James Monroe. Washington, Dec. 26
Mr. and Mrs. Merry.

88,189

England. Surrender of deserters. Contraband. Violations of maritime rights. Remedial bill before Congress. Public sensibility. General desire of for an accommodation of all differences with England. Delivery Louisiana. Laussat. Claiborne. Wilkinson. Spanish idea of the
extent of the territorial cessions
-

with Etiquette. Outline of intended negotiation Colonial trade. searches. and Visits Impressments.

189, 190, 191

1804.

[P.

192211.]
-

To James Monroe.
St.

Washington, January 18

192

Baring. Instructions. Louisiana. Outfit.

Expenses

to Madrid.

Merry.
192, 193
-

Domingo. Jamaica. Livingston's memorial. surrender of deserting seamen

Impressments and
193

Washington, February 7 with Monroe. Disposition made of Livingston's correspondence Armstrong. Letter of leave gress. To James Monroe. Washington, February 16

To R.

R. Livingston.

Con193, 194
-

195

"Diplomatic superstition." Merry. Baring. British relations. Diplomatic ceremonies. Precedent under the old 195, 196, 197 Congress. Yrujo. Pichon an invitation to dinner 197, 198, 199 Correspondence concerning

case of etiquette.

To Governor
Morales.

Claiborne.

Washington, Feb. 20

199 199

To

Mischiefs of his residing at James Monroe. Washington, March 8

New
-

Orleans

200

England and the Louisiana Treaty. Livingston's Memorial. Bills in Senate and II. R. on impressment. Error of British functionaries. Public feeling. Temper of British ministry towards TJ. S. Merry's intimation. Jay's negotiation. E. and W. India trade. French prisoners taken in American vessels. Monroe's contemplated trip Probable call to N. Orleans. Outfit. G. W. Erving to Madrid.
200, 201, 202

To Governor
Spanish

Claiborne.

Virginia,

August 28

203

To

Objections to their longer stay at N. Orleans. Morales. Granger. Casa Calvo. Yrujo 203, 204 Governor Claiborne. Virginia, August 30 204
officers.

Commissions enclosed

To Monsieur Pichon.
French
official

Virginia, Sept. 3

-----

204 204
205

documents.

Armstrong.

Precaution

To Mr. Merry,

British Plenipotentiary

206

Irregularities practised

by

British ships of

war

in the

harbour of

New

CONTENTS OF VOL.
1 804.

II.
PAGE.

Continued.
206, 207
-

To John

Impressment. Charge against French ships of war Tyler. Washington, November 3 Deposit for payment in France for a sword to Gen. Campbell

York.

207 207

To James Monroe.

Washington, Nov. 9 Monroe's negotiations with England, and probable journey to Madrid. West Florida. Claim for French injuries. >ligations of Spain.

208

France. South American claims. Convention of 1802. Yrujo. Bowdoin. Godoy. President's Message. Certainty of his re-election.

ClintonCongress.
Chase's
Mortality at N. 0.

trial.

208,209 Memorial from N. Orleans. E. Livingston. Deaths of Trist and Gelston. Gov. Claiborne
209, 210

To James Monroe. Washington, Dec.

Spanish relations.

210 210

Bowdoin.
1805.

Graham.
[P.

Purviance

211216.]
211

To General Turreau.

Department of State, April 4 Piracy and its penalties defined by the law of nations. Enormity of the edict. Napoleon's indignation at it is ex211, pected; but a prompt interposition is necessary To R. R. Livingston. Washington, July 5 Arrival in U. S. Armstrong. Spanish and French relations. Author212, ity of France over the Spanish Cabinet To James Monroe. Philadelphia, Sept. 24 Admiralty decision in England. Case of the Aurora. Case in Blackstone's Reports. Rule stated by Lord Mansfield. Correspondence with the British Government in 1801. Is investigating the principle

Gen. Ferrand's edict.

212

212

213
213

that "a trade not open in peace is not lawful in war." " the " imposture publications bearing on

Requests
213, 214
-

To

G.

W. Erving. Washington, Nov. 1 "Proud and perverse" conduct of

tions.

214

Spain. England. Contrast between the conduct of U. S. and that of certain great European na-

Books wanted

215

1806.

[P.

216391.]
216 216 216
216

To Mr. Merry,

British Plenipotentiary. Department of State, January Information of the discontinuance of a blockade. The communication

To James Monroe.

regarded as being friendly, and why, &c. Washington, Jan. 13

Pamphlet on the principle in question between call of copies which had been sent

U., S.

...
and G. B.
Spain.

Re-

To Gen. La

To

217 Fayette. Washington, Feb. 21 Waddell. Toussard. Gallatin. Difficulty in obtaining a loan here. Banks. Du Plantier. Gov. Claiborne. Skipwith. Marigny 217, 218 James Monroe. Washington, March 10 218

British relations.

Campaign

in

Germany.

Congress.

Arm-

CONTENTS OF VOL.
1806.
strong.

II.
PAGE.

Continued.

Bowdoin. Case of the ship N. Jersey. British case. Zeal of merchants for an extraordinary commission. Monroe's desire to return. Yrujo. Miranda. W. Smith. Unexceptionable course of
the Executive
-

218, 219, 220 220, 221

Weather.
ness
-

Crops.

Prices.

President's sickness.

Weight of busi221, 222

-

Letter from Monroe.

London, March

To James Monroe.
Fox.
Grey.
1794.

Washington,

May

17

223

W. Pinkney.

Vices of the commercial convention of

James Maury.

Spanish relations.

Schisms among the Re223, 224

To

publicans James Monroe.

Washington, June 4 W. Pinkney. Indian trade. Merry. Blockade of German rivers. Fox. George Ill's good will towards TJ. S. Island of Grand-Chenan. Re-

224

Strong. publican majority in the Legislature of Massachusetts. Sullivan. Violent schism among the Republicans in N. York. Gov. Lewis. The Clintonian family. New York politics in general 224, 225 225 To Pierrepont Edwards. Washington, August 4 -

Case of Smith and Ogden.

Objections to the attendance of Heads of

Departments in court as witnesses, to offer inadmissible testimony. Interviews of Miranda with the Executive. Difficulty as to a disclosure
-

225, 226

A MEMOIR, CONTAINING AN EXAMINATION OF THE BRITISH

Authorities
Treaties
-

DOCTRINE, WHICH SUBJECTS TO CAPTURE A NEUTRAL TRADE NOT OPEN IN TIME OP PEACE 227
-

391

233
-

259

which Great Britain is not a party Treaties to which England first, and then G. Britain, was a party The conduct of other nations -

Examples

to

Conduct of Great Britain

... ...
-

260 264 268

289

290
349

Review of

the reasons urged in defence of the British principle

1807.

SUBSTANCE OP A COMMUNICATION MADE ON THE 23o OF JANUARY, 1807, BY DR. BOLLMAN, TO THE PRESIDENT

To James Monroe.

Washington, March 20 Pinkney. Pnrviance. Terms insisted on by G.Britain. Fox. Impressments. Note of Lords Holland and Auckland. Difficulties of

the negotiation

To George

Joy. Washington, May 22 Allusions to a former letter. President's

-----.... ----disapprobation of the Treaty.

. . .

[P.

393410.]

393 403

403 404

404

Impressments.

for resuming the negotiation.

Enormity of the British pretension. Instructions Outrages of British Naval Com-

manders

To James Monroe.

Washington,

May

25

404,405 406

CONTENTS OF VOL.
1807.

II.

xjx
PAGE.

Continued.

The Treaty.

British administration.

Importance of an adjustment with G. Britain. D. M. Erskine. Purviance -

New
406, 407
-

To James Monroe.

Washington, July 25 Disregard by a British squadron of the President's Proclamation. Question whether captives, said to be from the Leopard, were to be
considered as prisoners of war
-

407

407

Public sentiment on the Proclamation.

ister
-

Disavowal and reparation, in the case of the Chesapeake, must be made by a special min407, 408
Peters.

To Judge

September 5 Desertions of seamen from merchantmen and from ships of war con-

408

tradistinguished

408, 409, 410

1808.

[P.

410428.]
-

To James Monroe. To Thomas

Official

Washington, Jan. 5
II.

410
-

Detention of George
Jefferson.

Rose, British Minister, &c. Department of State, Jan. 7

410 410

NEGOTIATIONS WITH MR. ROSE.

statement relating to the public property at 1st to 25th February

New

Orleans
-

411
-

410, 411 421

To James Monroe.
Transcripts of

Washington, February 6
official

422
422

papers, &c.

Washington, March 18 Treaty of December, 1806. Rose's mission abortive; and To James Monroe. Washington, March 21 -

To James Monroe.

422
422

why

423

Project concerning impressments referred to, but not found. Regret that Monroe could not aid in making proper selections from his

correspondence.

Difficulties

423

To James Monroe.

Washington, March 30 List of communications to Congress. Return of papers. Correspondence with Rose

424 424 424

To James Monroe.

Washington, April 18

Correspondence communicated to Congress. Explanation as to two withheld letters 424, 425 To William Piukney. Washington, November 9 425 Evidence of the determined enmity of the British cabinet, and of its
confidence in expected events in the U. States, as shown in its conduct. Miscalculations. Why a private letter of Pinkney was, except some small passages, communicated confidentially to Congress.

Armstrong's private

letter.

French affairs, To William Pinkney.

in the President's message.

Explanation of a passage, relating to Turreau

-

*
426 427

Washington, December 5

Disposition of Congress towards the two belligerents. The question of war. Conversation with a foreign minister. [Quere ? ]
Discredits reports that the Eastern States will prefer disunion to a longer suspension of their commerce. Projects of a junto distill-

xx

CONTENTS OF VOL.
1808.

II.
PAGE.

Continued.

The patguished from the dispositions of the body of the people. ronage by the United States of the maritime rights and interests of the Eastern States the chief obstacle to a commercial treaty between the U. States and G. Britain
1809.
[P.
-

427, 428

428363.]
-

To

Joel Barlow.

"Washington, February 7
to
fill

428

A person already fixed on

To William Pinkney.

the approaching vacancy in the Department of State. Fulton. Respect for Barlow's talents, confidence in his principles, &c., &c.
-

428
429

Washington, February 11 Expectations from Congress. Last vote. Effects of the proposed nonintercourse. Reasons, as to the other Continental powers sevNotice of the erally, why they were not included with France.
British arrest of the trade of the U. States with Russia

and Den429, 430

mark

in particular

Causes and probable

decline,

effects of the repeal of the

Embargo.

Apparent
431

To

and its causes, of the disorganizing spirit in the East. Tincertainty as to the mode in which Canning's letter got to the press Messrs. Rochester and Brent. March 17

431 Pledges of support to the public authority and public measures, tendered by citizens of Washington county, Maryland 431, 432

D. Kenney. Washington, March 18 432 Address of Republican citizens of Essex county. New Jersey. Duty to cherish peace, and importance of cordial and general support to the " Government in its necessary authorities, and the promoting the execution of the laws with exemplary vigilance." The invoking of sectional interests denounced 432, 433 To Edward Hall and Thomas Yarrow. Washington, March 18 433

To Thomas

Proceedings of Republican Delegates of Salem county, New Jersey. Injustice of foreign Powers; its domestic encouragement; approval of counteracting measures; the writer's part in establishing our polity,

and presumed
Jefferson.

solicitude for

its

success, &c.

433, 434

To Thomas
Coles.

Washington, March 19

434 434

Armstrong. Spain. National Intelligencer. Short To William Hay ward. Washington. March 21 Address of Democratic Republican citizens of Talbot county, Maryland.

Mails.

434

War

vs.

National degradation.

The Union

Washington, March 21 Proceedings of Democratic citizens of Kent county To Timothy Skinner. Washington, March 22

To Cornelius Comegys.

Resolutions of Republicans of Litchfield. Injuries and insults of the belligerent powers. Duties of the Government and of ite constituents.

To Thomas

Jefferson.

The Union, Constitution, and laws March 28

... ...
.

434, 435

435 435 436

435 437
'

43G

CONTENTS OF VOL.
1809.
F. Page.

II.

xx i
PAGE.

Continued.

Apprehensions as to Erving's course.

April 9

Yrujo and

his mills

436, 437

To Thomas

Jefferson.

437

Despatches from England for Erskine. The new policy as to Spain. The Embargo. Erskine's faux pas. Quasi Simoniacal contract be-

tween Izuardi and Hackley. Its bearing on the contemplated appointment of Erving at Cadiz. Jarvis 438, 439 To Governor Snyder. Washington, April 13 439
Resolutions of the Legislature of Pennsylvania. Want of authority in the Federal Executive to prevent the execution of a decree sanc-

To Thomas

the U. States 438, 439 439 Washington, April 24 Advances made by G. Britain. Disingenuous attempts. Change of British policy. Motives and calculations. France. Russia. Span-

tioned

by

the

Supreme Court of

Jefferson.

ish America.

Napoleon.

The Floridas

439, 440
-

To Thomas

Jefferson.

Washington,

May

440

Gelston.

Gallatin. Turreau.

Relations with France.

Napoleon and
440, 441
-

Cuba.
States.

Possible change in the tone of England towards the U.

To Thomas

Prospect, in the case of impressments, of an adjustment Evans. Washington, May

441

Meeting at Accomac Court House. Foreign relations. G. Britain 441, 442 To Thomas Jefferson. Washington, May 30 442 New-fangled policy of the Federal party. The Essex Cabinet. Erskine.

Recent elections
Jefferson.

442, 443
-

To Thomas

Washington, June 12
Pinkney.

443
443 443

Return of the
ceeding

Pacific.

New British orders:

a crooked pro-

To Thomas

Jefferson.

Washington, June 20

Erskine's arrangement. Extraordinary explanation. Conjectured course of the British Government. Bill in Congress for opening

To Thomas

ports to French as well as British ships of Jefferson. Washington, June 27

war

444
444

Private letter from Armstrong. Plough. New machine for the manufacture of flax, &c., &c. Favorable regulations of the French Government. Reported arrival of the Mentor. Proceedings in

Congress.

Bill of non-intercourse

with France, &c.

445

To Thomas

445 Skin of an animal belonging to the region of the Rocky Mountains. Renomination of J. Q. Adams confirmed. Short's letter of credence 445. 446
<-i^

Jefferson.

July 4

To Thomas

Washington, July 7 Coles. Armstrong. Gallatin. Possible relaxation of Napoleon's commercial policy. Arrival of Dashkoff To the City Council of New Orleans. July 23 Peace and plenty distinguishing the Country. Advantages, and their

Jefferson.

446

Letter from Short.

446
447

xx jj

CONTENTS OF VOL.
1809.
political cause, to the Territory
-

II.
PAGE.

Continued.

and City of N. Orleans from their nature. Its incorporation with U. S. The connexion pointed out by
447

To

reciprocal benefits the Representatives of the Mississippi Territory. July Patriotic attachment of the inhabitants of the Territory to the Constitution of the U. States
-

448 448 448

To Thomas Jefferson. Montpellier, July 23 Letters from Short and Warden. Objections to Short's idea of leaving commerce to shift for itself. DashkofFs conversation. J. Q. Ad-

ams's acceptance of his appointment

448,449
-

To Thomas

Jefferson.

Montpellier,

August 3

449

Immediate return to Washington. Instructions to Erskine, as published by Canning. Other instructions. Canning's statement as to
conversations, &c. Gallatin.

R. Smith. Pinkney. Coles. Expected

-

return of Gelston

450
451

To Thomas

August Return from Washington. Enforcement of the non-intercourse act against G. Britain. Reasons against and for the measure. GallaMontpellier,
tin's Circular.

Jefferson.

16

Erskine's ticklish situation with his Government.

-

His strong case against Canning

451, 452
-

To Thomas To William

Jefferson.

Montpellier, August 23

452

R. Smith.

Pinkney.

Accounts from Europe

452, 453
-

Eustis, Secretary of

War

453

The Commander-in-Chief to be called to the seat of Government. Correspondence between the Navy Department and Capt. Porter -

To Thomas

Jefferson.

Jackson, (British ness

September 11 Envoy.) Letters from Pinkney. Canning's

Montpellier,

453 453

slipperi-

453, 454
-

To

Dr.

David Ramsay. September 20 Public meeting at Charleston, S. C.

454

Duty of union of

all citizens

on

To

questions affecting the sovereignty, &c., <fcc., of the nation. British disavowal of the arrangement with Erskine 454, 455 the General Republican Committee of the city and county of N. York.

September

24-

Present situation of the Country. Wrongs committed by the belligerent nations. Remedy in a firm and patriotic support of the constituted authorities

---...
....
.

455

455

To

the Washington and Jefferson Artillery, at

Richmond, Va., commanded

.

by John H. Price

Tender of their services. Confidence in the public To Matthew Walton. September 27

Resolutions of the inhabitants of Washington Co., Ky.

----spirit
-

456
456 456
457

456 457
.

To Thomas

Jefferson.

Washington, October 6

Letter from Dupont de Nemours. His project of education. Turgot's works. F. J. Jackson presented. Presumption of his deficiency in

CONTENTS OF VOL.
1809.

II.

xxiii
PAGE.

instructions

-------Continued.
-

457 457

To John M. Creyon.

October 17 Resolution of citizens of Columbia. British disavowal of Erskine's arrangement. General and increasing disposition to unite in support of the public authorities. Importance and efficacy of such a

union

457, 458
-

To

Col.

John Mclntosh.

Washington, October 28

458

Resolution of a meeting of the inhabitants of Mclntosh county. State of external affairs. British refusal to fulfil the arrangement with
Erskine.

Duty of patriotism

To Thomas

Washington, October 30 Digest of the City Code and business. Coles. Return of Onis to Philadelphia. Spanish relations. View of Jackson unchanged
Jefferson.
'

459

To Thomas Jefferson. Washington, November 6 The Attorney General. The Governor of

France.
fect

459

Illinois.

Letters from

Short. G. Britain and Austria. Speculation as to the efon French and English relations of the disavowal of Erskine's arrangement. Change in the British Ministry. Quackeries and corruptions of Perceval's administration. Jackson, and his patron,

Canning

459, 460
'

To Thomas

Washington, December 11 Monroe's dispositions. His willingness to have taken a seat in the Cabinet. Mnjor Neely. Governor Lewis. Fayette's land titles. MisJefferson.
-

Vtt

460

carriage of instructions from Gallatin.

Remittance to Holland.
460, 461
-

Party politics

To Thomas

Hertell, N. Y. December 20 Hertell's Expose of the causes and effects of intemperance.

461

Difficulty

of a complete suppression of stimulating indulgence. The experience of nations. Suggested advantage of making ardent spirits give

To

the Rev. William Bentley.

malt liquors, cider, &c. Washington, December 27 'Letter to General Stark -

way

to

461, 462
-

462

462, 463

1810.

[P.
.'

463489.]
-

To Plantagenet

Eccleston.

1810 r,.

Medallion of General Washington To the General Assembly of the State of North Carolina.

January

463 463 463

Their Address.

Injustice of foreign powers. Confidence in the spirit

and the co-operating patriotism of the 463,464 To the Surviving Military Characters of the late Revolutionary Army and 464 Navy residing in the City and County of Philadelphia. January Injustice of foreign Governments. Preservation of peace uncertain. Reliance on the patriotism of a free People. Revolutionary chamfaculties of the nation
-

and

States

pions

--------

464, 465

CONTENTS OF VOL.
1810.

II.
PAGE.

Continued.
465

To George Joy. Washington, January 17 and under of manifestations as to indignities. injuries patience Query Temper of G. Britain. Disavowal of Erskine. F. J. Jackson

465

Orders of April.

Chesapeake. tion of Monroe's and Pinkney's treaty. Disposition of the U. States as to deserting seamen and impressments. Sources of contention

Canning's conversation with Pinkney. Case of the Error as to the cause of the rejecIllicit commerce.

and ill-humor

466, 467
-

To William Pinkney.

January 20 Letters from Dr. Logan. Perplexity of our situation. Discussions in Congress. Macon's bill. Prospects and contingencies consideration. in H. R. under preparations Military Proposition
Giles's resolution concerning Jackson.
ish policy

468
468

towards

17. S.

Instructions.

on the Chesapeake, a preliminary, -&c. munication to Congress of confidential conversations with Canning. Answer to Dr. Logan. Debates on the case of Jackson. Pamphlet

Expected crisis in the BritReparation for the insult Orders in Council. Com-

To

469, 470 copy of a particular speech. [?] 471 Washington, January 31 Public meeting at Hagerstown, Md., approving the course of the Executive in Jackson's case 471
.

To

the Republican citizens of the First Congressional District of the State

of Pennsylvania. Washington. Feb. 21 Their assurances of approbation and attachment, &c.

471

Impartiality in exercising our neutral rights, and in fulfilling our neutral obligations. Multiplied aggressions. National patriotism 471, 472
Jefferson.

To Thomas

Washington, April 23
Proceedings.

472

"Unhinged
Britain

state " of Congress.

Information from G.

and France. Bonaparte's inattention to the distinction between the external and internal character of his decrees. Wellesley. His Anti-American colleagues supported by speeches and proceedings in Congress. ble effect, <fcc. -

Voluntary embargo;
-

its

causes,
-

and proba-

'

472, 473
-

To Thomas
Jarvis.

Jefferson.

Washington,
Doherty.

May 7-

-473

Merinos.

tic politics.

eral artifice

English and French relations. DomesNew England, N. York, N. Jersey, Massachusetts. Fedof pushing the Federal towns to their maximum of rep-

To William Pinkney.

. . . 473 474 Washington, May 23474 Wellesley's answer to P. in Jackson's case. Explanation. Subsequent elections. Inference from the appointment of a Chargg to fill the vacancy left by Jackson. Contingent instructions to P. Relations
'

resentation.

Boston

to the belligerent

Appeal

to the policy of G. Britain

powers as placed by the Act of Congress of and France. Speculations, conPassive spirit of Congress at the late session.

jectures, prospects.

CONTENTS OF VOL.
1810.

II.

xxv
PAGE.

Continued.
Cotton.

Possibility of its being roused to the opposite point.

To-

475, 476 Hostile feeling towards U. States, lurking in the British Cabinet, probably co-existent with the present reign. Distrust with respect to

bacco

the French Government. icy of France.

Calculations and conjectures.

Parish

......
True pol-

477

To Thomas

Washington, May 25 Supernumerary Merino rams. National Intelligencer. Character of " What is called Free trade, foolBonaparte's late confiscations. and ishly by some, wickedly by others." Negotiations at Paris. Conjecture as to views of England. Change in Wellesley's tone, in

Jefferson.

477

part produced by a fallacious reliance on the British party here 477, 478 To Thomas Jefferson. Washington, June 4 478 The Batture. Gallatin. Moreau de Lislet. Rodney. Poydtas. Suit
against Jefferson. E. Livingston. Court's entertaining jurisdiction

Probable consequence of the

479 479
-

To Thomas

Washington, June 15 Communications from France and G. Britain in the National gencer. An omission
Jefferson.

Intelli-

479, 480

To Thomas

Washington, June 22 Armstrong's picture of the French robbery. Correspondence between Pinkney and Wellesley. Commendation of Judge Cooper's opinion on the domestic effect of the sentence of a foreign Admiralty Court

Jefferson.

480

480 480
481
481

To Governor Snyder. To Thomas

Washington, July 5 Resolutions of the General Assembly of Pennsylvania

480, 481
-

To

Jefferson. Montpellier, July 17 Inquiry, &c., concerning Hamilton's plan of a Constitution Thomas Jefferson -

481
481 482

Moreau's Memoir

To Albert
-

Montpellier, August 29 Transfer of Treasury Deposits to State Banks.

Gallatin.

Bank of Columbia.
-

Two

Spaniards.

Reputed French decree

-

482 482

To Judge Toulmin.

Montpellier, Sept. 5 Proposed enterprise on Florida. Its unlawfulness, the Executive -

and the duty of

482, 483

To John Quincy Adams.

483 Washington, Oct. 16 His anxiety, communicated by his mother, to leave St. Petersburg. Leave to retire granted, but a wish expressed for his remaining there. Particular considerations. His valuable services 483, 484

To Thomas Jefferson. Washington, October 19 Rumored step taken by France toward a reconciliation. G. Britain's orders and mock blockades. Dispositions of Congress and the Na-

484

Questions presented by the crisis in West Florida. Expected invocation of the aid of either the U. States or Great Britain. Oction.

cupation of West Florida.

Vacancy

in the Judiciary.

Lincoln

484, 485

CONTENTS OF VOL.
1810.

II.
PAGE.

Continued.

To William Pinkney.
P.'s qualifications

Washington, October 30
P.'s letter to

Letter and conduct of Wellesley.

R. Smith.

Jackson

and

services.

Criticisms of the press on

with the British Government. in relation to Jackson which his return depends. Course pursued of the Chesapeake. Case insolence. Jackson's and a successor.
his intercourse

some of Sole question on

movements. Treaty at Caraccas. French Spanish America. British of Independence. Elections for Congress. at the epoch policy 488 48 French and English relations To Thomas Jefferson. Washington, December 7 here puzzled. Lincoln Pinkney. British party
'

Occupancy

letter. Wellesley's letIntended proclamation. Duke of Cadore's interests of the nonBritish on Effect 1806. of ter. Blockade May, 486, 487, 488 intercourse, as now to be reviewed Cuba. of West Florida as far as the Perdido. East Florida.

1811.

[P. 490-522.]
-

To

the Society of Arts. Philadelphia, January 28 Appointment as Patron of the Institution

Jefferson.

490 490

To Thomas

Washington, March 18 the Prince Regent. Calculations. Fox. Lord of Cabinet Reported Holland. Grenville. Bonaparte's want of money and ignorance of commerce. His distrust of U. States. Prospects. Warden and Armstrong
-

...

490, 491, 492

-

To Thomas

Washington, April 1 Armstrong's denunciations of Warden. Monroe. R. Smith's expected Wilkinson. Clarke's book. French and English relahostility.
Jefferson.
tions.

492

To Thomas

Jefferson.

Pinkney's diplomatic scourging of Wellesley Washington, April 19

492, 493
-

493

Armstrong's letter relating to Warden. His gross inconsistencies, and enmity to Jefferson and Madison. His conflict with Fulton.

Expected arrival of Pinkney. Foster. Rose. Convalescence of George 3rd. English and French relations. Symptoms of approaching war between France and Russia. Letter signed "A Man."

Lyman

495 MEMORANDUM AS TO ROBERT SMITH, EX-SECRETARY OF STATE To Thomas Jefferson. Washington, May 3 Gallatin. Duane's want of candor and of temperance. R. Smith. Comments of the Aurora. Duane a friend of liberty, but a slave of

...
May 24

493, 494

506
507

his passions. No account of the departure of either Pinkney or Foster from G. Britain. Conjectures. French relations 507,508

To

the Inhabitants of the

town of New Haven.

Washington,

508

Petition concerning the non-importation law, &c. Edicts of the belligerent powers, and policy of Congress. Provision in the Act, <fec.,
for the case of a repeal

by one, and a non-repeal by

the other bel-

CONTENTS OF VOL.
1811
.

II.

XXV U
PAGE.

Continued.
Declaration of France.
Failure of

Consequent shutting of our ports to British ships, &c. Impartiality of the Executive508, 509 the Act to answered non-importation 509, 510 Objections Importance of a united support of the constituted authorities, &c.

ligerent, of its unlawful edicts. G. Britain to revoke its edicts.

To

510, 511 the Baptist Churches on Neal's creek and on Black creek, North Carolina.

June 3 511 Address approving objections to a bill granting land to a Baptist church. Importance and Constitutional guaranty of the practical distinction between Religion and Civil Government. Maintained 511, 512 by the Baptists. Proof of their sincerity and integrity 512 To Thomas Jefferson. Washington, June 7 Duane incorrigible. Misled as to the character and conduct of R. Smith. Rodgers and the British ship of war. State of parties in Massachusetts. Pickering. Hillhouse, and the remonstrance from

Haven. Delay of the Essex. Great Britain and Bonaparte. Blockade of England 512, 513 To Edward Tiffin, Grand Sachem. Washington, June 23 513
Letter in the

New

name

of a

Taminy [Tammany?] Society

-

in Ohio.

otic sentiments

and determinations

...
-

Patri-

To Thomas

Washington, July 8 National Intelligencer. R. Smith's wicked publication.

Jefferson.

513 513

Case of Er-

French Probable character of Foster's mission. Increasing rigor towards this country. Suspension of cases under the
ving.
official transactions.

Clearness and exactness of his

relations.

and English

orders in council

To Jonathan Russell. Washington, July 24 Remarks on the convention with Almanara To John Quincy Adams. Washington, Nov. 15 New allotment of his services which had been contemplated.
continuance at Pahler. "
St.

....
-

513, 514, 515

515 515 515

His

Petersburg. His fidelity and ability. Count Adjustment of the rusty and corrosive affair of the Ches-

apeake." Apparent determination of G. Britain to make her orders

in council co-durable with the war.
sible licence to

Question for Congress.

in self-defence.

Pos-

merchantmen

to

arm

Delay and
-

517 Reports of Pinkney's unfriendly language probably unfounded or exaggeratory. Delicacy of R.'s situation. Mixed character of French decrees. Case of the N. O. packet 517, $18 To Joel Barlow. Washington, November 17 518

To Jonathan

time of reparation in the case of the Chesapeake. Russell. Washington, November 15 -

Crops
-

515, 516, 517

Ground now avowed

for British orders in Council. Extravagant requirement from a neutral power. Dispositions in Congress. Probable permission to merchant vessels to arm in self-defence, and con-

CONTENTS OF VOL.
1811.

II.
PAGE.

Continued.

sequent maritime reprisals.

the Decrees, evasions, &c.

French management of the repeal of

Sarcastic

comments of the

British

Gov518, 519

ernment
Craft, cupidity, folly,

and iniquity of France.

French and Danish

in the depredations. Deserved remedy. British convoy. Reparation case of the Chesapeake. Napoleon for the Independence of Spanish America, and for the possession of East as well as West Florida

by

the U. States.

Keene.
zuela.

Masked views of Independence

Cuba
To

Reasons against an attempt to extract money 519, 520 in Spanish America. VeneMexico. Conjectures as to British policy. East Florida. 521 522 Washington, December 10
.

Address from the Tennessee Legislature.

cessity for war.

Patriotic sentiments.

Ne-

Manner of securing

to U. States the navigable

streams proceeding from the neighbourhood of Tennessee. action of Congress

1812.
[P.

Future 523

523556.]
523

To Governor Hawkins.

Washington, Jan. 4 Resolutions of the General Assembly of North Carolina. Approval of the message of Nov. 5, and pledge of co-operation. United ex-

ertions

_______
-

523

To

the

House of Representatives of the State of South Carolina.

-

Jan-

uary 8 Address of the House.

523

United convictions and feelings of the great

Persistent pacific efforts.
Official declaration

body of the

nation.

of the repeal of the French edicts. Evasive conduct of G. Britain. Extravagant condition now made for the repeal of her orders in
Council.

Acquiescence in her practice and pretensions forbidden

by every view, &c., &c. Abnegation of neutral guaranty. Recolonizing of commerce 523, 524 Commerce unrestricted with G. Britain, and restricted by her elsewhere.
Disproportion of exports to imports.
Effect

Draining of the pre-

cious metals.

on moneyed

institutions, internal

improve-

ments, and manufactures.

Carrying trade.

Ship-owners, ship-builders, mariners. Tendency of acquiescence to perpetuate the de-

To Thomas

structive policy Jefferson. Washington, Adherence of G. Britain to her

....
-

525

February

525

mad policy towards U. S. Measures of Congress. Dilatory and inadequate provision of military forces. Case of Wilkinson. Its " colossal " dimensions. Weather. Earthquakes in the State of and in Washington

New

York, West, and South Westwardly,

-

525, 526
-

To Joel Barlow. Washington, February 24

526

Question of a commercial treaty with France.

B.'s intercourse

with

CONTENTS OF VOL.
1812.
the French Government.
distrust.

II.

xx j x
PAGE.

Continued.

Circumstances of encouragement and of Paper presented by B. Unfavorable inferences from the 526, 527 reception it had Doubts as to a commercial treaty. Desirable regulations on the part of France. Reduced tariff. Transit through French ports. Licenses. Commerce between U. S. and France, a barter of food and raw materials for superfluities in great part.

Suggested substitute for

li-

censes.

Gallatin.

Lee

527, 528

Joseph's usurpation of the Spanish throne. Its bearings on American questions. Public sentiment in U. S. on the conduct of the French

Government To Thomas Jefferson. Washington, March

528, 529
6
-

530
530 530

Inference from proceedings of H. R. concerning taxes. Liverpool. Perceval. French affairs. National Intelligencer. Gimbrede

To Thomas

Jefferson.

March

Message and documents as to John Henry. Credential and instructions from the Governor of Canada. Liverpool's despatch. Eastern Junto and the British Cabinet

530 530

To Thomas Jefferson. Washington, April 3 Memoir on the Batture. Books, &c. British Cabinet
U.
S. to

prefer

war with

a repeal of the Orders in Council. Embargo bill passed by Equivocal temper of the Senate. Peninsular system of the British Cabinet. Speculations. Liverpool. Castlereagh. Welles-

H. R.

ley.

Perceval. The Grenville party. Delay of the Hornet. French

-

affairs

531, 532
-

To Thomas Jefferson. Washington, April 24 The Batture case. Produce in hands of the farmers

532
532

Embargo extended

to 90 days.

Objections to licenses that of the Hornet. Barlow is Delay Apprehension "burning his gers," &c. Extravagances of Matthews in East Florida

of beginning hostilities. Probability of a neutral cover.

and form Suggested adjournment. Wheat and flour.

Different opinions as to time
fin-

533

533, 534
-

To

the Inhabitants of the town of Milton, Mass.

May

18

Precautions already adopted. To Thomas Jefferson. Washington, May 25

Vaccination.

Patriotic sentiments

534 534 535

Arrival of the Hornet.

French

relations.

Nothing done by France.

Federalists,
-

Address played off on Barlow. Puzzling calculations. Republicans, and Quids. Views of a triangular war

535

To Thomas

Jefferson.

June 22

536

Declaration of war.

Expected protest of the Federalists in Congress. Assassination of Perceval. Doubts concerning Wellesley. Prince
of Wales.

LadyH.
.

M*
"'-'

To

Washington, July 25 Address from a Convention of Republican Delegates, N. Jersey.

536 536

Their patriotic sentiments.

The war made necessary by the con-

CONTENTS OF VOL.
1812.

II.
PAGE.

Continued.

Her outrages. Impressments, &c. Blockading connected with Orders in Council. Progress of the pretensions 536, 537 doctrine and absurd an of exploded them. Revival ^ &c. British S. in a common sovereignty on the high seas, U. of Right to them as an Independent power. Share of pretensions degrading 537, 538 N. Jersey in the Revolution 538 To General Dearborn. Washington, August 9 Hull's frustrated. Expedition A operations. The campaign. plan The volunteer act. Resource in the against Montreal. Prospects. militia. Vermont, New Hampshire, Massachusetts, Connecticut.
duct of G. Britain.
^

Suggestion of a demonstration towards Quebec. of health

Monroe. -State

-538,539,540

To Joel Barlow.

Washington, August 11 Shameful conduct of the French Government. Castlereagh. Informal communication of an intended repeal of the British orders. war Contingent indignation against France. Possible
Conjectures.

Possibility of B.'s sudden return. and locations near Point Coupee To Thomas Jefferson. Washington, August 17

with her.
ette

J.

Graham.

La Fay-

540, 541, 542

-

542

Higginbotham. chusetts and Connecticut.

Consulate at Lisbon.

Seditious opposition in MassaDisIts effect on military operations.

couragements. Hull's expedition. Michilimackinac. Hoped reduction of Fort Maiden. Probable cause of the sudden change in relation to the Orders in council. Doubtful prospects. Informal

and erroneous communication of the intended change, hurried over. Proposal of the local authorities at Halifax to suspend hostilities sanctioned by Foster. Prevost's message to Dearborn. Objections
to the proposal
-

543, 544
-

To

the Rev. S. Spring.

Montpelier, Sept. 6 Collegial friendship. Civil war indicated as the consequence of enforcing measures resulting from the National will, constitutionally

544

pronounced.

Such a course

illegitimate,

and inconsistent with the

duration or efficacy of any Government. Unfounded and uncandid presumption of a French connexion. Advantage to the public en-

emy from

internal divisions

544, 545

To Major General Dearborn.

Washington, Oct. 7 Military operations. Gen. Harrison. Loss of Hull's army. Importance of command of the Lakes. Canada. Indians. Necessity of

545

To

improvement in the volunteer system 545, 546, 547 and House of Representatives of the State of South Carolina. October 10 543 Their patriotic determination. Origin and object of the war. Its nePersonal 543 cessity. To Thomas Jefferson. Washington, October 14 548

essential

the Senate

.... ....

Meigs.

Mansfield.

Exchange of

places.

Faronde's lucubrations.

CONTENTS OF VOL.
1812.
Military Best hopes on Harrison.
sell.

II.

Continued.
Winchester.

crisis

near Fort Defiance.

Brock.

Dearborn.

Accounts from Europe.

Foster and Rus-

Experimentum crucis. Prospects in MaryPennsylvania and N. Jersey shaken, but safe. N. Jersey and N. Hampshire doubtful. North Carolina vibrating 548, 549, 550 650 To Governor Galusha. Washington, Nov. 30 Resolution of the General Assembly of Vermont, pledging support to the General Government. Sacred duty of all citizens. The enemy
land.

Current elections.

encouraged by appearances of internal discord, &c.

Patriotism of
550, 551

Vermont

To William

Eustis, Secretary of
office.

His resignation of

War. Washington, Dec. 4 Zeal and constancy of his exertions for the
-

551 551 551

public good, &c.

To Paul Hamilton, (Secretary of the Navy.)

Dec. 31

His resignation of office. His patriotic merits, private virtues, &c., &c. 551, 552 TALK OF THE PRESIDENT OF THE UNITED STATES TO THE DEPUTIES FROM SEV-

ERAL TRIBES WHO ACCOMPANIED GEN. CLARKE TO WASHINGTON.

1813.
[P. 557
580.J
-

1812

553-5

To Thomas
ger,

Jefferson.

Congress.

Washington, January 27 Changes in the Executive Department.

557

Bonaparte's danHarvest.
-

To

Wellington. penditures. Bank paper. Cooper's Justinian John Binns and others. Washington, February 11
lesley's party.

and that of his army. Prospect. The Peninsular war.

The Regent's speech.

WelEx-

557 557

Naturalized citizens.

Prince Regent's Proclamation as inconsistent with British laws and practice as repugnant to reason and humanity.

Determination and duty of the Executive Department of the

S. to protect,

Government of U.
ized citizens, &c.

according to

its

just means, natural-

557, 558
-

To Thomas Jefferson. Washington, March 10 Late commander at Niagara. Sympathizers with R. Smith.

558

Mili-

tary appointment of one of them. T. M. Randolph nominated to the Senate for a Colonelcy. His qualifications. Russian account of the catastrophe of the French army. Calculations as to Napoleon's surmounting his difficulties. Exultation in England. Russian tender of mediating friendship. The Emperor Alexander

558, 559, 560

To

Col.

Washington, March 23 Perkins. " An alliance with France and a systematic exclusion of commerce " alleged to be within the views of the Administration.

David Humphreys.

560

Extreme improbability of the avowals, official and otherwise.

first

supposition.

Repeated

dis-

Barlow's letter to Monroe.

Ab-

surdity of the supposition as to commerce.

Incredulous that the

CONTENTS OF VOL.
1813.

II.
PAGE.

Continued.

Union
tion

is in

danger.

Affinities.

Common

interest in its preserva-

The Eastern portion would be the greatest

-

losers

by

its dis-

solution

560 561
>

of the Commercial jealousy on the part of G. Britain the real cause American Revolution To John Nicholas. Washington, April 2 for war. the or delaying Unpreparedness Impossibility of avoiding Discord and variety of opinions and views in the public counit.
cils.

562

Calculations of the Executive.

How

defeated.
-

Present reg-

ular force, and that at first recommended of command of the Lakes. CanExpedition under Hull. Importance ada. Lake Ontario. Calculations as to effect of the Russian medi-

562

Known friendship of Alexander to U. its zenith. between Baltic and American ideas of maritime law To Thomas Jefferson. "Washington, June 6be his must His virtues and abilities learning. Dr. Waterhouse's
ation.
S.

Russia in

Affinity

563 563

present reward.

Dr. J. Rush.

Dr. Tilton.

Protection of the Chesa-

peake by gun-boats. the Capes. bay. Cruisers on the outside of

Their utility and disadvantages.

Lynhaven
Barry.
-

Commodore

To

galleys the Senate of the U. States.

Row

Washington, July Declines to confer with a Committee on the subject of a nomination.

Constitutional view Analogy from the relation between the two Houses laws. Tender of all suitable information

564 565
565 566

in the passage of
-

To Albert

Gallatin.

Washington, August 2
St.

566

Mutilated mission to

Petersburg.

nomination of G., and its founded on a vacancy in the Secretaryship of the Treasury.
culties

Proceedings connected with the Suggestion of a renomination rejection.

Diffi-

and objections. Project, if the Treasury Department should be vacated, that the vacancy should be forthwith filled, in order to prevent its being kept open for G.'s return. Impossibility of purchasing the consent of the Senate to a renomination to the mission,

by a pledge of a concurrent nomination

to the Treasury.

Degrada-

tion of the Executive; and introduction of a species of barter, &c. The negative of the Senate grounded on the opinion of official in-

compatibility.

To Major General Henry Dearborn.

567, 568, 569 8 569 Washington, August State of things connected with D.'s retirement. Motion in H. of R.

proceeding favorable, in Recovery from sickness

Tacit acknowledgment of personal fitness. Whole its effect, to G.'s standing with the nation.

comprehending an investigation.

Consolatory

569, 570

To Governor

Shelby. Montpelier, August 8 Patriotism and bravery of the citizens of Kentucky. Provision by her Legislature for a call on them and their Governor. Gen. Har-

570

CONTENTS OF VOL.
1813.
risen.

II.

XXxiii
PAGE.

Continued.

Effect of naval preparations

on the Lakes
-

570, 571
-

To John Graham.

Montpelier, August 28 Turreau's offensive letter to R. Smith.

571

Examples with other For-

eign ministers of a letter being taken back. Conjectures as to R. Smith and the publication of a translation of the letter. Folly which

ha? marked his career.

Copies of other papers carried by him from

the Department of State. Time when the translated letter was received; before the rejection of Erskine's arrangement was known. Burning of a French ship near the shore of N. Carolina. Monroe's

To William

writer's health 571, 572 573 Montpelier, Sept. 30 Discontent, &c., gaining ground with respect to the war on Canada. Success the test by which public opinion decides. Exertions making.
sickness.

The

Wirt.

Causes of past failure Original plan of the Executive for giving effect to the war. Difficulty of raising a large army for a long term of service. Limit proposed to first attempts. Reduction of Canada, &c. Recommendations to Congress. Hull's expedition. Plan preferred by Congress. De-

573

lays ?.nd difficulties

574

Inadequate provision for Commissary's and Quartermaster's Departments. Inexperience of the new officers. This inconvenience inseparable necessarily from the blessings of the country. The future. Anxieties and hopes -

...

575

To Morris Birkbeck Coles. Good wishes

575

for emigrants. Neither a provision of law nor the practice of the Government to give encouragement to them, unless in certain specified cases. The want of power in the Executive,

and probably of a disposition in Congress, to dispose of the public land in a mode different from the ordinary one. Invitation 575, 576 576 To William Eustis. Washington, Nov. 12 and incompetency of the Executive to consummate alone, an arrangement suggested by E. Usage in certain cases of appointments. Collectors in towns having banks 576, 577 To the Senate and House of Commons of the General Assembly of the State of North Carolina 577 Their memorial on the exposure of their State to danger on the sea coast. Protection by the General Government proportioned to the aggregate means applicable thereto. Rule for distributing them. 577 Occasional attempts. The States considered as parts of one whole The particular case. The U. S. partitioned into military Districts.
Difficulty of acting on,

Instructions to the officer allotted to that including N. Carolina. Gun-boats and other armed boats. Auxiliary provisions which N.

Carolina

may make on

her

own account

578
579

To

the Legislature of the State of South Carolina. Dec. Sensibility to the rights and honor of the nation. Efforts of U. S. to

**

xxx iv

CONTENTS OF VOL.
1813.

II.
PAGE.

Continued.

preserve peace.

The only

alternatives, degradation or war.

Hu-

manity and bravery of the American character. Any instance of a seeming departure from humanity extorted by the cruel policy of
the adversary, &c.

Personal
1814.

579, 580

[P.

580612.]
-

To Governor Tompkins.

Washington, January 25 Unexpected and distressing events on the Niagara frontier. Apprehended diversion of a part of the enemy's force to Presque Isle or
Detroit. Precautions. Sickness in the regular army. Suggested provision for the station, &c., &c., adjoining Sackett's Harbor. Lake Champlain. Kingston. Lake Ontario. T.'s solicitude for th safety

580

of his State, and his readiness to co-operate with the measures of the General Government

To William Pinkney.

Washington, January 29

580 581 581

581

His resignation of the office of Attorney General. idence at Washington -

Bill requiring res-

To William

Jones.

April
-

His purpose to resign the

exertions, &c.

office

of Secretary of the Navy. His talents,

To Thomas

581, 582 582 Montpelier, May 10 Influence in England of events in Europe and occurrences in U. S. on the war. Junto faction crushed by the election in N. York. New
Jefferson.
fallacies.

Supposed odium of

taxes.

Suggested armistice. Canada

582, 583
-

To Governor James Barbour.

Washington, June 16

583

Prospect as to the future course of G. Britain. Necessity of preparation to meet an augmented force. Regular troops and militia. Objections to

an immediate

call of militia.

Duty of the State Gov583, 584

-

ernments

To Charles

J. Ingersoll.

Washington, July 28

585

R. Rush.

Armed

in bringing it with Prussia.

neutrality in 1780. American pretension to a share about. Question of " free ships, free goods." Treaty

armed merchant

Dr. Franklin the father of a provision in it, that unvessels, the property of one belligerent, should be

unmolested by the other. U. S. heretofore took the negative side of question, whether, under the law of nations, as it stands de facto, "free ships make free cargoes." Practical admission of the

Weight of authority in favor of the affirmative on the question as an open one. Croker's treatise Intrinsic merit of the rule. Supported by the authority of jurists and of Treaties, to some of which treaties G. Britain is a party. Her Treaties prior to the Treaty of Utrecht. That Treaty. Successive Treaties in 1748, 1763, 1783. Treaty of 1786 between G. Britain
and France
-

British doctrine.

...

535

......

CONTENTS OF VOL.
Continued. To Governor Tompkins. September 28 Monroe. Offer of the Secretaryship of War
1814.

II.

xxxv
PAGE.
-

587 588

587, 588
-

To Thomas

Jefferson.

Washington, October 10

Sale of his library to Congress.

[Samuel Harrison] Smith. J.'s communication to Monroe on the subject of Finance. Mass of paper kept afloat in England. Cause of the difference in value between the circulating notes and the metals. Despatches from Ghent.
British sine

Maine.

qua non. Fishing, &c., and the cession of a part of Direct communication between Quebec and Halifax. PasIndian allies of G. B.
S.

Bamaquoddy islands.

Treaty of Greenville.
Substitution for

Prohibition of an armed U.

force on the Lakes.

the present N. W. limit of U. S. Our ministers unanimous on the arrogance of such demands. Probable rupture of the negotiation. 588, 589 Changes in the Cabinet. Sackett's Harbour

To Governor Tompkins.
Acquiescence in

Washington, October 18

590
590

his reasons for declining the offered Secretaryship

of
-

War
To Thomas

Jefferson.

Washington, October 23

590

Probable quantity of circulating medium. Effect of an annual augmentation of it. The two great absorbents of money. Contingent

Gloomy inferences. Possible remedy. Efficacy, to a certain extent, of paper as a circulating medium. Increase of taxes. Prospect of a domestic capital. The foreign money market. No important news from abroad. Sackett's Harbour. Izard and
calculations.
Brown. Drummond. Utmost hope as to the campaign To George W. Campbell. Washington, November 2 Call on the members of the Cabinet for information concerning

590, 591
-

591

late

military events in the District of Columbia. Anxious for the widest range of inquiry. Statement of the late Secretary of War, [Armstrong.]
C.'s

memory

as to a particular conversation.

Winder

591, 592

To Governor Tompkins.

Washington, November 12 Resolution of the N. York Legislature on the terms of peace proposed by the British Commissioners. Patriotism and just sentiments of the

593

State

To Wilson Carey
craft.

Nicholas, (Governor of Virginia.) Nov. 25 Conduct of the Eastern States. Political leaders and priests. Witch-

593 593

co-operation.

Factiousness. Desperation. Profligate experiment of foreign Embarrassment of the Government. Tardiness of

Congress.
States.

Importance of vigorous support from the well-disposed

593, 594
-

Virginia
Washington, December 15 Nomination of E. as Envoy, &c., to the Netherlands

To William

Eustis.

Changion.

To Benjamin W. Crowninshield. Washington, Dec. 15

His nomination as Secretary of the Navy
-

594 594 595 595

595

To John Adams.

Washington, Dec. 17

XXXTi

CONTENTS OF VOL.
1814.

II.
PA OK.

Continued.

The negotiation

for peace, and the Fisheries. J. Q. Adams's inquiry. Original views of Congress. Negotiations and instructions. Discussions at Ghent. Gambling procrastinations of G. Britain. Superior ability distinguishing the notes of our Envoys. Approach-

ing revolution in the public opinion on the Continent of Europe, on the cause they are pleading. G. Britain sensible of the change. Tardiness of Congress 595, 596 597 Extract of a letter from John Quincy Adams to his father

To Governor

Early, of Georgia. December 18 Resolutions of the Legislature on the extravagant terms of peace demanded by the enemy. Zeal and public spirit of Georgia. The

597

disproportionate extent of frontier presented to the pressures of war, &c.

597

1815.

[P.

598612.]
598

To General Dearborn. Washington, March 4 Nomination of him as Secretary to succeed Monroe, who was called

back to Department of State. Opposition. Nomination withdrawn. Course of the Senate. Regret and consolation 598, 599

To

the Republican

Members of

Their address on the Peace.

the Legislature of Massachusetts. March 7 Result of the contest. Its advantages

599

to the national character and interests. Duties of the People. Adherence to the policy, &c. Fidelity to the Union; discountenance of local, <fcc., prejudices; promotion of family concord, &c. 599, 600 To Thomas Jefferson. Washington, March 12 600 Dallas 's Exposfe of the causes and character of the war. Printed, but

publication suppressed, and why. copy sent to J. Plan and cast of the publication. European affairs. France, and the peace be-

tween G. Britain and U.

S.

Spain.

Affair at N. Orleans

600, 601

[Samuel Harrison] Smith. Transportation of Library To the Committee of a meeting of citizens in Baltimore. April 10 Their congratulations on the peace. Trials of the Country. Its love of peace and its energies in war. Stability of its political institu-

602 602

The present generation has emulated The present situation of the Country. Degradation in which non-resistence would have left it. Praise due to the warriors on both elements, and to the great body of the citizens. Eulogy on Baltimore. Personal To Benjamin W. Crowninshield. Washington, June 12 tions.
spirit, &c..

Public

&c.

that of the Revolutionary era.

602

603

Law

establishing the Commissioners of the

Navy Board.

Constitu-

Department. The Secretary of each Department the regular organ of the President. His official acts carry with them the authority of the Executive of U. States, except in cases in which independent powers are specially vested
in

tional principles of the Executive

him by law. In general, the Executive

is

presumed

to

speak and

CONTENTS OF VOL.
1815.

II.

XXXvii
PAGE.

Continued.

act through him. Relation between the Board of Commissioners and the Executive not direct, but through the Secretary of the

Navy. Their duties ministerial, and under his superintendence. They have no substantive power independent of him 603, 604 Construction of the phrase "shall discharge." Import of the term " superintendence." The Secretary, as to certain duties, restricted
Restriction on his power of appointment. Exclusive powers of the Board to adopt rules and regulations for the government of their meetingsSpecial authority in the Board to prepare rules, &c., as to vessels, &c., subject to consent of the Secretary, and approval by the President.

to the intermediary functions of the Board.

605

One advantage
To

Duty of those charged with the execution of the new law. of this exposition. Hope of candid and cordial co-

operation, &c., &c.

606 606

Charlton, Mayor of Savanna. Washington, June 19 Friendly and favorable sentiments of the Mayor and Aldermen. Uni-

form and zealous patriotism of Savanna. Necessity and dignity of the late war. The Peace. Lessons to those who did not emulate
the general example of patriotism
-

606, 607

Washington, July 14 His purpose of writing a history of the late war Danger of early and deceptive publications. Readiness of Departments or officers of the Government to furnish proper information To Col. Monroe. [Serrible. Montpellier] Return of Napoleon from Elba. Probability of a renewal of war in

To William Plumer,

Jr.

607
607

608
609

Europe. Contingencies favorable to the Bourbons, or to Napoleon, and to a speedy restoration of peace. On other suppositions, a protracted war and doubtful issue. Probable recurrence of embarrassments to U. States.
Possible change in Napoleon's anti-comSpeculations.

mercial and anti-neutral policy.

Vexations to our

commerce and navigation to be apprehended. Councils of G. Britain. Use of the ports of France. Canada. Considerations discouraging to the hope of a just and conciliatory conduct on the part of
G. Britain.

Plea already prepared, that Napoleon has no claim to

609, 610, 611 Reduction of the army. Contingent instruction to the Secretary of War. Consultation with respect to G. Britain, France, and Spain. Considerations that may affect the question of an extraordinary mission. Orders for the sailing of Commodore Decatur. Algiers. W. H. Crawford. Baker 611, 612

the benefit of public law. the U. S. to decide

The rule of

1756.

Two

questions for

.....

WORKS

OF MADISON.

LETTERS, ETC.

TO GEORGE WASHINGTON.
his apologies to the President for not the sending pamphlets, &c., from Sir J. Sinclair sooner, for the use of Mr. Peters, as was intimated when he last had the honor
J.

Madison presents

of seeing the President. He had hopes of being able, prior to this, to have looked a little into them, and have complied with the desire of the President expressed when the papers were put
It has been impossible for him to do this and to-morrow he had contemplated an effort To-day for the purpose; but it will be even more convenient for him after Mr. Peters shall have had the requisite use of them.

into J. M.'s hands.

hitherto.

FEBT

8th, 1794.

TO THOMAS JEFFERSON.
PHILADELPHIA, March 2d, 1794.

DEAR SIR, Your favor of the 15th Ult. came to hand two days ago. It was not my intention that my first to you should have been procrastinated to the present date, but several causes have concurred in producing the effect. Among others, I was in hopes every week to be able to furnish you with the proceedVOL.
II.

WORKS OF MADISON.

1794.

and ings on the snbject grounded on your commercial Report,* It has so related to of them as with such yourself. particularly
happened that I never could find leisure to make out for the press the share I had in them till very lately. The earlier part of my observations were sent to the Printer several weeks ago, but never

made

their appearance

till

Thursday evening

last.

The

latter

following, as you will find, as fast as I can write it out, part the extreme length of it, the brevity of my notes, from which, and the time that has run since the observations were delivered,
is

is

a task equally tedious and laborious.

The sequel

will be

forwarded to you as soon as it gets into print. As you are so little supplied with the current information, it may be necessary

you that after the general discussions on the measure proposed by me had been closed, and the first general resolution agreed to by a majority of 5 or 6, several of the Eastern members, friendly to the object, insisted on a postponement till the first Monday in March. It was necessary to gratify them, and the postponement was carried by a small majority against the efforts of the adverse party, who counted on the votes of the
to apprise

timid members,

if forced,

before they could learn the sense of

their constituents.

by

interval has produced vast exertions the British party to mislead the people of the Eastern States.

The

No means

have been spared. The most artful and wicked calumnies have been propagated with all the zeal which malice and interest could invent. The blackest of these calumnies, as you may imagine, have fallen to the lot of the mover of the

The last Boston paper contains a string of charges, framed for the purpose of making the Eastern people believe that he has been the counsellor and abettor of Genet in all his extravagances, and a corrupt tool of France ever since the embassy of Gerard. It appears, however, that in spite of all these
Resolutions.
diabolical manoeuvres, the town of Boston has been so far awakened as to have a meeting in the town-house, and a pretty unanimous vote for a committee to consider the subject, and re*

Resolutions of Virginia, or Madison's Resolutions.

See his Speeches printed

in

pamphlet

1794.

LETTERS.

port proper instructions for their member in Congress. The Committee consists of men of weight, and, for the most part, of
of the right sort. There are some, however, who will endeavour to give a wrong turn to the business. I see by a paper of last evening that even in New York a meeting of the people has taken place, at the instance of the Republican party, and that a committee is appointed for the like purpose. As far as

men

know

the names, the majority

is

tive for postponing the question so long

on the right side. One mowas the chance of hear-

ing from England, and the probability that the intelligence

would strengthen the arguments for retaliation. Letters from Pinckney have accordingly arrived. As yet they are under the
seal of confidence, but it is in universal conversation that they

and more strongly than ever, the unjust and unwhich have characterized the British policy features friendly Soon after the arrival of the towards the United States.
precisely,

mark

Packet, Mr. Randolph wrote to Hammond, desiring to know whether an answer had been received to your letter of May,

His reply was simply that it had not. The scheme of Frigates to block up the Mediterranean has been pushed slowly, but successfully, to the stage of resolutions, on which a Bill is to be reported. The majority has never exceeded two or three votes. Whether the scheme will finally
1792.
It probably will, unless accounts is not certain. from Europe furnish hopes that Spain or Portugal, particularly the latter, which is friendly and interested in our trade, may

take effect

interfere.

Genet has been superseded by Fauchet, the Secretary to the Executive Council. The latter has not been here long enough He has the aspect of to develope his temper and character.
moderation.

His account of things in France is very favorable on the whole. He takes particular pains to assure all who talk with him of the perseverance of France in her attachment to us, and her anxiety that nothing which may have taken place may In his interview with the President he lessen it on our side. held the same language; and I am told by E. Randolph, that
the President not only declared explicitly his affectionate solici-

WORKS OF MADISON.

1794.

tude for the success of the Republic, but after he had done so, with great emphasis, desired, in order to be as pointed as possiE. Randolph, who ble, that his expressions might be repeated by acted as Interpreter. Fauchet does not speak our language.

La Forest comes over with

Petry, formerly Consul of

the Minister as Consul General,

and

S. Carolina, as

Consul for

this place.

The

unpolitical characters of these gentlemen, as heretofore and to the uneasiness some Republican party; derstood, give

the uneasiness has been increased by the homage paid by the leaders of the other party to the new Minister. They may

probably aim at practising on him by abusing the madness of Genet, and representing the Republicans as rather his partizans than the friends of the French cause. But if he is not an uncommon fool, or a traitor, it is impossible he can play into their
hands, because the Anglicism stamped on the Aristocratic facGenet has tion must warn him of its hostility to his objects.

not taken any decided step in relation to his future movements. He is said to be poor, and, by some, to meditate a return to
France, with a view to join the army; by others, a settlement in this Country as a farmer. If he is prudent, he will not venture
to France in her present temper, with all the suspicions and You must have seen that Brisfollies with which he is loaded. sot
I

and

his party

have been cut

off

by the Guillotine.

informed, by an anonymous letter from N. York, that large purchases are making there, and in the Eastern States, for supplying the British armaments in the West Indies, and
that American vessels are chartering for the conveyance of them. This is really horrible. Whilst we allow the British to stop

am

our supplies to the French Dominions,

carry supplies to hers, for the

taking from France the transferring these valuable markets from friendly to unfriendly hands. What can be done? The letter writer suggests an Embargo.

we allow our citizens to known purpose of aiding her in Islands we have guarantied to her, and

Perhaps the best step would be to declare that so long as Great Britain will not allow the French to be supplied by

we will not allow our supplies to go to her. It is not clear, however, that such a measure could stand the clamor of the
us,

1794.

LETTERS.

Merchants, seconded by the interest of the farmers and Ship owners.

TO THOMAS JEFFERSON.
PHILADELPHIA, March 9th, 1794.

SIR, propositions were postponed for one week longer, on the arrival of the appointed day. To-morrow they will again come on, unless precluded by debates on

DEAR

The commercial

other business, or again postponed. You will see by the inclosed in what manner the meeting at Boston issued, and the course the subject is taking at New York. There was a large mercantile meeting last night in this city, for obtaining a vote of remonstrance against the propositions. paper was accord-

ingly introduced by Fitzsimmons, Bingham, &c. It was warmly, and I am told ably, attacked by Swanwick, who explained and defended the propositions. He was clapped, and, on the question, there

were three or four noes for one aye to the paper.

The minority had

the arrogance, notwithstanding, to sign the paper individually, and will recruit all the names they can today, among the Quakers and others not present at the meeting,
in order to deliver in the paper with more effect to-morrow morning. What the fate of the propositions will be is more uncertain than ever. Some of the friends of them begin to say

more vigorous measures are rendered necessary by the progress of British outrages. The additional instruction of November 6, which you will find in the inclosed papers, is so severely felt by the Merchants, that some of them, also, without relinquishing their opposition to what is proposed, talk of measures more congenial with the crisis. An Embargo on American vessels, on those and British also, and even a seizure of British property, are in the mouths of some of them. The additional instruction is questioned by some as inauthentic, but it
that
is infinitely

probable that it is genuine. The doubt is founded on the earliness of its date, compared with that of our last intelligence from Europe, which is silent as to that matter. But it

WORKS OP MADISON.
in the Cabinet

1794.

may have been decreed

and not put in

force, or

the American given into the hands of officers clandestinely, that is certainly ripening to situation Our not escape. prey might

a most serious crisis. It does not appear, however, that in any event the commercial retaliation can be improper; but, on the contrary, that in every event it will be advantageous.

You

will perceive that

Fauchet

is

going on in the concilia-

tory plan of reversing the errors of his predecessor. The project of a squadron of Frigates is pursued with unre-

mitting ardor. In the course of the Bill, the two 20-gun ships have been turned into two of 36 guns, so that the force is to As consist of 6 in the whole, 4 of which will be of 40 guns.
the danger of a war has appeared to increase, every consideration rendering them at first unwise now renders them absurd ;

yet the vague idea of protecting trade when it most needs it misleads the interested who are weak, and the weak who are

not interested.
I have this

moment

received a note informing

me

that there

are letters from

New York

concerning Toulon. The the Line in their escaping out of the Harbour.

containing definitive intelligence British burnt sixteen French sail of

Many of the Toulonese were drowned in attempting to get on board the All the remaining Inhabitants were drawn British Ships. up
in the public square, and underwent military execution. information comes by a vessel from Carthagena.

The

Adieu.

Yours

affectionately.

TO THOMAS JEFFERSON.
March
12th, 1794.

SIR, particularly of New England, have had a terrible slam in the West Indies. About a hundred vessels have been seized by the British for condemnation, on the pretext of enforcing the laws of the Monarchy with regard to

DEAR

The Merchants,

the Colony trade.

The

partisans of England, considering a

1794.

LETTERS.
as

war

now probable,

are endeavoring to take the lead in defen-

sive preparations, and to acquire merit with the people by anThis new symptom of insolence and ticipating their wishes.

enmity in Britain shews either that she meditates a formal war, as soon as she shall have crippled our marine resources, or that she calculates on the pusillanimity of this Country, and the influence of her party, in a degree that will lead her into aggressions which our love of peace can no longer bear. The com-

mercial propositions are, in this state of things, not the precise remedy to be pressed as first in order; but they are in every view, and in any event, proper, to make part of our standing
laws,
till

the principle of reciprocity be established by mutual

arrangements.

TO THOMAS JEFFERSON.
PHILADELPHIA, March 14, 1794.

DEAR

SIR,

The paper of yesterday

inclosed will give you a

clue to the designs of the party which has used Sedgwick for His immediate prompter will be seen both in his its organ.

speech and in his propositions. Whether more be seriously aimed at than to embarrass the others, which have been long depending, is by some doubted. Perhaps this may be one of
the objects; but you understand the game behind the curtain too well not to perceive the old trick of turning every contingency It into a resource for accumulating force in the Government.

would seem, however, that less subtlety has prevailed than in some other instances. The ostensible reason

in this for the

provisional army is not only absurd, but remote from the present sensations of the public; and at the same time disarms the
projectors of the cavil and calumny used with most success against the commercial propositions, to wit, that they tended to provoke war by an unnecessary alarm and irritation to Great
Britain.

The commercial propositions were the subject of yesadmit that terday, and will probably be resumed to-day. the change of appearances may require something further, but

We

WORKS OF MADISON.

1794.

contend that they ought to make part of our Code until the end be obtained, and that they will be proper, whether we are to be at peace or war. In the former case, they will have their intended operation. In the latter, they will put our Executive

we

on the right ground for negotiation.

TO THOMAS JEFFERSON.
March
24th, 1794.

DEAR
tion

The past week has been spent chiefly on the quesSIR, an of Embargo. It was negatived on Friday by 48 against
composed

46, the former

ern members. Executive, even during the session of Congress. In France, everything is in a state of vigor beyond what has been seen
there.

The former are now

chiefly of Eastern, the latter of Southfor giving the power to the

Fauchet proceeds with great circumspection and pru-

dence here.

TO THOMAS JEFFERSON.
March
26th, 1794.

DEAR

SIR,

My last

informed you that an embargo had been

proposed and negatived. You will see by the inclosed that, on a renewal of the proposition yesterday, it went through the

House of Representatives by a very large majority. The change took place among the Eastern members, whose constituents were growing so clamorous under their losses in the West Indies as to alarm the Representatives. The Senate will have the subject before them to-day, and will probably concur. It is said that some further measures are to be discussed in that House. The commercial propositions have not yet received a vote. The progress of the evils which they were to remedy having called for more active medicine, it has not been deemed prudent to force them on the attention of the House during more critical discussions. They will, however, notwithstanding

1794.

LETTERS.

a change of circumstances, co-operate with other measures as an alterative system, and will be pressed to a vote at the first
favorable moment.

Whether they can be carried into a law at the present session is doubtful, on account of the lateness of the day, and the superior urgency of other questions. The point
immediately depending
is

the discrimination between Great

Britain and other nations as to the proposed duties on manuIf this should succeed, the future parts will, I think, factures.

The enquiry into the Treasury is not very rapidly. I understand that it begins going on, though
meet with
to pinch
little difficulty.

the

where we most expected the authority for drawing money from Europe into the Bank. Hamilton endeavoured to parry the difficulty by contesting the right of the Committee
to call for the authority.

This

failing,

he talks of constructive

written authority from the President, but relies on parol authority, which I think it impossible the President can support him in.* The old question of referring the origination of Taxes

comes on to-day, and will, in some degree, test the present character of the House. I have written an abundance of letters of late, but fear they are stopped by the small-pox at Richmond. The people of Charleston are taking a high tone. Their memorial, which is signed by Ramsay, the Gadsdens, Young, Rutledge, and a very great number of respectable Citizens,

marks the deliberate sense of her people. The more violent has been expressed by hanging and burning the effigies of Smith, Ames, Arnold, Dumouriez, and the Devil, en groupe.

TO THOMAS JEFFERSON.
PHILADELPHIA, March 31, 1794.

DEAR

SIR,

I forgot to mention in

my

last that the question

whether the ways and means should be referred to the Secretary of the Treasury, as heretofore, or to a Committee, lately came on, and decided the sense of the House to be regenerated on that
*

See E. Randolph's explanation of the enigma.

10
point.

WORKS OF MADISON.

1794.

The fiscal party, perceiving their danger, offered a sort of compromise, which took in Mercer, and, with him, sundry others in principle against them. Notwithstanding the success If of the stratagem, the point was carried by 49 against 46.
the question had divided the

House

fairly, there

would have

been a majority of ten or a dozen, at

least.

TO THOMAS JEFFERSON.
PHILADELPHIA, April 14, 1794.

DEAR

SIR,

Three propositions levelled at Great Britain

have latterly occupied the House of Representatives: 1. To sequester British debts. 2. To establish a lien on British Mer3. To suspend imchandize, or the value of it, as it arrives. till the Britain and Ireland spoliations be reports from Great

dressed,

and the Treaty of Peace be executed.

The

last has

taken the pas in discussion. A majority are apparently in favor. Delay is consequently one of the arts of opposition. It is unwill be obtained. It is probable, depend on the state of foreign intelligence, which is hourly changing in some of its circumstances. The Executive is said to meditate an Envoy Extraordinary to Great
certain, therefore,
also, that

when a vote

much

will

Britain, preferring further negociation to any Legislative operation of a coercive nature. Hamilton is talked of, is much

pressed by those attached to his politics, and will probably be appointed, unless overruled by an apprehension from the dis-

gust to Republicanism and to France. His trial is not yet concluded. You will see the issue it will have in the inclosed The letter from the President is papers. inexpressibly mortifying to his friends, and martcs his situation to be precisely you always described it to be. The Committee on

what Ways and

Means was unfortunately composed of a majority infected by the fiscal errors which threaten so ignominious and vexatious a
system to our Country. A land tax will be reported, but along with it excises on articles imported and manufactured at home, a stamp tax pervading almost all the transactions of life, and a

1794.

LETTERS.
The embargo

H
will soon be
if

tax on carriages, as an indirect tax.

a subject of deliberation again, as its continuance, ought to be decided some time before its expiration. this will be the case cannot now be foretold.

proper,

Whether

triumph over their enemies on the nothing from the West Indies, except that surrendered on the 25th ult. had not Martinique I put into the hands of your cabinet workman here the ediHe was packing up tion of Milton sent you from France. for afforded a commodious berth for it. things you, which
to

The French continue

Rhine.

We learn

Fauchet has informally intimated the distaste to Gouverneur Morris, whose recall will follow of course. Yours always and affectionately.

TO THOMAS JEFFERSON.
PHILADELPHIA, April 28th, 1794.
bill has passed the House 59 34. It will probably miscarry of Representatives by against

DEAR

SIR,

The non-importation

in the Senate.

It prohibits all articles of British or Irish production after the 1st November, till the claims of the United

The appointment of HamilStates be adjusted and satisfied. ton as Envoy Extraordinary was likely to produce such a sensation, that, to his great mortification, he was laid aside, and Jay named in his place. The appointment of the latter would

have been difficult in the Senate, but for some adventitious causes. There were 10 votes against him in one form of the opAs a resignation of his position, and 8 on the direct question.
Judiciary character might, for anything known to the Senate, have been intended to follow his acceptance of the Executive

ground of incompatibility could not support the obsince it has appeared that such a resignation which, jections was no part of the arrangement, are beginning to be pressed in
trust, the

the Newspapers.

If animadversions are undertaken

by

skilful

12

WORKS OF MADISON.

1794.

hands, there is no measure of the Executive administration, permore severely vulnerable. haps, that will be found an unabated zeal for the war breathe The English prints
carries everything, as usual, in against France. The Minister c. the miscarriages at Toulon, Parliament, notwithstanding Martiof the increased much be will force and his taking by
;

to the West India prospects. nique, and the colouring it will give views to the as prevailing in relation Nothing further appears Indies since the new West the from The latter accounts to us.

Instruction of January 8 are rather favorable to the Merchants, and alleviate their resentments; so that Great Britain seems to

have derived from the excess of her aggressions a title to commit them in a less degree with impunity. The French arms continue to prosper, though no very capital event is brought by
the latest arrivals.

C JOSHUA BARNEY, FREDERICK FOLGER, AND WILLIAM M IXTIRE,

ESQ*

8
.

PHILADELPHIA,

May

1,

1794.

GEXLTEMEN,

have been favored with your letter of March

13th, from Jamaica, with its enclosure, in which the American masters of vessels detained in that Island have been pleased to

express their sentiments on the Resolutions proposed by me in the House of Representatives on the 3d of January last. Having long regarded the principles on which those Resolutions

were founded as the basis of a policy most friendly to the just interests of our country, and most honorable to its public councils, I cannot be insensible to the approbation they may
obtain from my fellow-citizens, and particularly from those more immediately attached to the prosperity of our commerce and navigation. Under this impression, I have received the

communication transmitted by you in such polite and friendly terms, and I hope it will be believed that I mingle with it all the sympathy which is due to the distresses of those who have been the victims of depredation. With the sincerest

1794.

LETTERS.
may

13

speedily be exchanged for one which will correspond with their rights and

wishes that their unfortunate situation

their merits,

I remain, Gentlemen, with great respect

and regard.

TO MB. JEFFERSON.
May
9, 1794.

DEAR SIR, I have your letter on the subject of Mr. Howell, and have seen the old gentleman who interests himself in it. I
think

probable you will find reason to be satisfied with the change you have made in your merchant. I have not yet been
it

able to procure Bills on

Amsterdam

for

Van

Staphorst.

They

can be got, I am told, but not with so much ease or choice as on London. I shall not intermit my attention to that object. We have had a calm ever since the decision on the Treaty.
Petitions, however, continue to arrive, chiefly in favor of the

The New England States have been ready to rise In mass against the House of Representatives. Such have been the exertions and influence of Aristocracy, Anglicism, and
Treaty.
Mercantilism, in that quarter, that Republicanism is perfectly overwhelmed, even in the town of Boston. I hope it will prove

but a transitory calamity, and that the discovery of the delusion will ultimately work a salutary effect. The people have been everywhere made to believe that the object of the House
of Representatives in resisting the Treaty was war; and have " thence listened to the summons to follow where Washington
leads."

Nothing

late

from abroad.

We

expect to adjourn

about the 20 or 25 inst.

We

have just had a most plentiful

Adieu.

rain, after a

drought nearly

as severe as that with you.

Yours

affectionately.

14

WORKS OF MADISON.
TO THOMAS JEFFERSON.
PHILADELPHIA,

1794.

May

llth, 1794.

DEAR SIR, Col. Monroe wrote you last week, his letter for the state of things up to that date.
taxes.

and

I refer to

The House

of Representatives has been since employed chiefly on the new The Report of the Committee, which was the work of

was

a sub-committee in understanding with the Fiscal Department, filled with a variety of items, copied, as usual, from the
British revenue laws.
duties, excises
on.

It particularly included, besides stamp Tobacco and sugar manufactured in the United States, and a tax on carriages, as an indirect tax. The aversion to direct taxes, which appeared by a vote of seventy

for rejecting them, will saddle us with all those pernicious innovations, without ultimately avoiding direct taxes in addi-

odd

All opposition to the new excises, though enfrom the manufacturers, was vain. And memorials forced by on tax the carriages succeeded, in spite of the Constitution, by a majority of twenty, the advocates for the principle being
tion to them.

Six of the North reinforced by the adversaries to luxury. in were the Carolina members majority. This is another proof
of the facility with which usurpation triumphs where there is a standing corps always on the watch for favorable conjunctures, and directed by the policy of dividing their honest but

undiscerning adversaries. It is very possible, however, that the authors of these precedents may not be the last to lament

them.

Some of the motives which they decoyed to their support ought to premonish them of the danger. By breaking down
the barriers of the Constitution, and giving sanction to the idea of sumptuary regulations, wealth may find a precarious

defence in the shield of justice. If luxury, as such, is to be taxed, the greatest of all luxuries, says Payne, is a great estate. Even on the present occasion, it has been found prudent to yield to a tax on transfers of stock in the funds, and in the

Banks.

The appointment of Jay continues

sions of the press.

You

will see that the

to undergo the animadverDemocratic Societies

1794.

LETTERS.

15

are beginning to open their batteries upon it. The measure, however, has had the effect of impeding all legislative measures for extorting redress from Great Britain. The non-importation

which passed the House of Representatives by a great majority, was so instantly and peremptorily rejected in the Senate, as an interference with the proposed mission, that no further efforts of the same type have been seriously contembill,

Clarke did, indeed, move to insert among the new means an additional duty of 10 per cent, on British and ways manufactures, but the symptoms of desertion soon induced him A member from N. Carolina afterwards was to withdraw it. incautious enough to try a discriminating duty on British tonnage, and, by pushing it to a question with the yeas and nays, Notwithstanding this placed us in a very feeble minority.
plated.
effect of the

Executive measure, there

is

little

serious confi-

and, as involving the appointment of Jay, is the most powerful blow ever suffered by the popularity of the President.

dence in

its efficacy;

The embargo is still in force. moved a few days ago to abridge

fication that it

A
its

member from Connecticut term a few days, as a noti-

large majority was but how far with a view to the proposition; against taking up adhere to the embargo, I know not. Yesterday, a motion was

would not be continued.

on the table by Smith (of S. Carolina) for continuing the embargo to June 25. The motion from that quarter excited surprise, and must be either a fetch at popularity, an insidious thing, or suggested by an idea that the balance of the effects of the embargo is in favor of Great Britain. There are no late accounts of moment from Europe. Those from the West Indies, as well with respect to the treatment of
laid

our vessels as the

contradictory, that

effects
it is

of the embargo, are so various and impossible to make anything of them.

16

WORKS OF MADISON.
TO JAMES MADISON, ESQ.
PHILADELPHIA,

1794.

May

19, 1794.

HONORED

SIR,
I

Your favor of

the 5th

came

to

hand a few

the corn, and a hope you days ago. I am at a loss to give directions concerning the it. of plenty If M. C. can conveniently spare the horses laths and plank.
will have secured

me

from my brother's, it will no doubt be best to get it it will cost less in the end to take it of Mr. otherwise from him, to the Forte-piano and the Dictionary for my I will attend C. not As I have sister. yet sold my land, and probably shall not
to bring it

at present, it will be convenient to receive a bill for about 200 No time should be lost in dollars, or more if you can spare it.

remitting date you.

it.

Mr. Dunbar will probably be able to accommo-

I am offered 3,600 dollars for the land, but am advised by good judges not to listen to anything like that price. The discontent as to the excise has probably been stirred up

some electioneering purpose, and will subside, of course, unby other excises now in agitation here, to wit, on manufactured tobacco and refined sugar. I oppose these, and
for
less fostered

wish it were possible to get rid of the principle altogether, without a worse alternative. A land tax, though far preferable to
excises in

and, as appears, in that also of my Conviewed in a very unfavorable light generally. It was lately proposed by a Committee of ways and means, and You will have seen rejected in the House by a vast majority. that the the is not to be continued. The by papers Embargo

my judgment,

stituents, is yet

price of flour

is,

There are no

in consequence, at 50s., P a currency. late accounts of importance from abroad.

The

adjournment of Congress will probably, though not certainly, take place in 15 or 20 days. I hope M. C. and Sawney will

make ready

for harvest without waiting for cannot be sure of being there in time.

my

presence, as I

My

dutiful regards to

my Mother and

yourself.

1794.

LETTERS.
TO THOMAS JEFFERSON.
PHILADELPHIA,

17

May

25, 1794.

DEAR
ence of

SIR,

The enclosed paper

will give

you the correspond-

Edmund Randolph and Hammond on an occurrence parYou will be as able to judge as we are ticularly interesting.

it. The embargo expires some for days ago proposition to-day. continuing it was all in the main concurring. a vast majority, parties negatived by The Republican was assured that the Embargo, if continued, would be considered by France as hostility. The other had,

of the calculations to be founded on

probably, an opposite motive. It now appears that throughout the Continent the people were anxious for its continuance, and
it is

probable that its expiration will save the West Indies from mofamine, without affording any sensible aid to France.

table yesterday for re-enacting it. Measures of this sort are not the fashion. To supplicate for peace, and, under the uncertainty of success, to prepare for war by taxes and troops, is the policy which now triumphs. Every attion

was put on the

tack on Great Britain through her commerce

fited,

is

at once discom-

stamps, &c., are The plan for a large army has carried by decided majorities. failed several times in the House of Representatives. It is now to be sent from the Senate, and being recommended by the Mes-

and

all the taxes, that is to say, excises,

sage of the President, accompanying the intelligence from the Miami, will probably succeed. The influence of the Executive

on events, the use made of them, and the public confidence in the President, are an overmatch for all the efforts Republicanism can make. The party of that sentiment in the Senate is
compleatly wrecked, and, in the House of Representatives, in a much worse condition than at an earlier period of the Session.
VOL.
II.

18

WORKS OF MADISON.
TO THOMAS JEFFERSON.
PHILADELPHIA, June
1,

1794.

1794.

The stamp act was poisoned by the ingredient SIR, of the tax on transfers. The sentinels of stock, uniting with the The adversaries of the general plan, formed a large majority.
the

DEAR

Carriage tax, which only struck at the Constitution, has passed House of Representatives, and will be a delicious morsel to
to raise

The attempt of this Branch to give the President an army of 10,000, if he should please, was stranpower gled more easily in the House of Representatives than I had d th expected. This is the 3 or 4 effort made in the course of the
the Senate.

Session to get a powerful military establishment, under the pretext of public danger, and under the auspices of the President's The bill for punishing certain crimes, <fec., inclupopularity. ding that of selling prizes, has been unexpectedly called up at
the last

zens will

moment of the session. It is pretended that our arm under French colors, if not restrained. You

citi-

will

be at no loss for the real motive, especially as explained by the

circumstances of the present crisis. The bill for complying with Fauchet's application for a million of dollars passed the House of Representatives by a large majority. The Senate will
certainly reject

embarkation.

He

busy in preparing for his to France. leans towards an American vessel, which is to sail from Balit.

Col.

Monroe

is

He is puzzled as to

the

mode of getting

A direct passage to France is scarcely incumbered with the risk of being captured and carried into England.
timore for Amsterdam.
to be had,

and

is

TO THOMAS JEFFERSON.
PHILADELPHIA, November 16, 1794.

SIR, I cannot send you the President's speech. You will have seen by the papers that the Western scene is closed. Hamilton is still with

DEAR

The Senate having not yet a Quorum,

the army.

You

will perceive his colouring to all the

Docu-

1794.

LETTERS.

19

ments which have been published during his Mentorship to the Commander-in-Chief. When I first arrived here, the conversation ran high for a standing army to enforce the laws. It is said the Militia will all return with the same doctrine in their

mouths.

have no doubt that such an innovation will be

at-

tempted in earnest during the session, if circumstances should be favorable. It is probable, however, that the President will not embark in the measure, and that the fear of alarming New

England o

will be another obstacle.

The

elections for the next Congress are generally over, except

in Virginia,

and N. Carolina, and

New

York.

In

New Hamp-

In Massachusetts, there has been a violent contest in most of the Districts. All that will
shire, the choice is

much
is,

the same.

probably be gained

a spirit of enquiry and competition in

Ames is re-elected, after the most unparalleled that quarter. exertions and calumnies in his favor, and, according to report,
by the additional aid of bad votes.
Dexter
is

to

run a second

heat, but will probably succeed. Sedgwick's fate is not known. The chance is said to be in his favor, but it is agreed that he As he has not yet appeared, he is probwill be well sweated.

ably nursing his declining popularity during the crisis. From New York, we are promised at least half of the new RepreNew Jersey has lost old sentatives for the Republican scale.
Clarke, who will no doubt be replaced by a successor of other In this State, the election, notwithstanding its insentiments. auspicious circumstances, is more republican than the last. Nine,
at least, out of thirteen, are counted on the right side; among them Swanwick in the room of Fitzsimmons a stunning change for the aristocracy. Maryland pretty much as heretofore. I

should have

noted that in Delaware, Patton, the republican chosen by a large majority. The representation In S. C., Smith of Maryland will vary little from the present. has been carried by the British merchants in Charleston, and
first

ex-member,

is

their debtors in the country, in spite of the Rutledges and PinckTucker was ney, who set up against him John Rutledge, Jr.

Smith had a majority of all the votes. In the changes also in that State will be for the worse. general,
also a candidate.

20

WORKS OF MADISON.
Hunter also
is

1794.

The death of Gillon has made way

to step in.

for Barnwell, if he chooses

it is

out; but

said his successor (a

Mr. Harper) will be a valuable acquisition, being sound, able, and eloquent. The prospects for the Senate are the re-election of Langdon for N. H. the election of Paine, an incognitum, in place of Bradley, for Vermont, who appears to have been out of favor with both parties; the re-election of King in N. Y., n owing to the death of two Eepub members of the State Legislature; the chance of a republican successor to R. Morris, said In Maryland, to be a good one; a like chance in Delaware. the chance is bad, but nothing more than the present DelegaPotts has resigned, and Henry, it tion is to be apprehended. is supposed, will either withdraw or be rejected. The event in will know. The information from N. C. is not Virginia you Izard has relindecisive, but favorable; the same as to S. C.
;

quished his pretensions.

In Georgia, the question

lies

between

Gunn and
I

must

Telfair; the former, it is thought, will be re-chosen. refer to newspapers, which I

suppose you occasionally

for the posture of things in Europe. In general, they are extremely favorable to France, and alarming to all the sovereigns of Europe. England seems still bent, noton the war. She is now to subsidize the withstanding,

see from

Richmond,

Empe-

ror, as well as the

King of

Prussia.

gence handed to the public, it memorial of Jay inspires less contempt than the French victories do terror, and that the tone towards this Country will be much changed. It is even intimated that satisfactory arrangements will be made on most, if not all the points in
question.

According to the intelliwould seem that the humiliating

Not a

line, official

or private, from Monroe.

His enthusiastic

reception you will have seen. Prices here are very different from those you mention. Wheat at 12.s. Corn at 6.9. Gd. Beef at 8d., and other things in proHouse rent is 50 pr cent, higher than last winter. portion. Mrs. M. offers her best returns to you.

Always and

affectionately yours.

1794.

LETTERS.
TO THOMAS JEFFERSON.
PHILADELPHIA,

21

Nov

30, 1794.

The attack on the most sacred principle of our SIR, Constitution and of Republicanism, through the Democratic Societies, has given rise to much discussion in the House of Rep-

DEAR

You will resentatives, and has left us in a critical situation. have seen the President's speech. The answer of the Senate was hurried through with the most full and emphatic echo of
the denunciation of the Societies.

of the

In the mean time, the answer House of Representatives, though prepared and reported

without any loss of time, was, contrary to usage, printed for

and put off from Friday till Monday. On the intervening Saturday the Senate presented theirs, which, with the President's reply, was immediately out in the newspapers. I refer for both to the Richmond Newspapers, which you will probably have seen. The answer of the House of RepresentaThe tives, both as reported and as agreed to, is inclosed. The Committee consisted of Sedgwick, Scott, and myself. draught was made as strong as possible on all proper points, in
consideration,

order the better to get it through without the improper one. This succeeded in the Committee, Scott concurring in the expediency of silence on that; though, in the House, he changed his

ground.

When
"

the report

was taken up on Monday, Fitzsim-

mons moved

to reprobate the self-created societies, <fec., which, not illegal, contributed by their proceedings in strictness though to mislead the weak and ignorant." This opened the debate,

which you will no doubt have an opportunity of reading in the Virginia papers, if you choose. It so happens that I cannot send them by the mail. The arguments in favor of the motion fell with equal weight on the press and every mode of animadverting on public men and measures. After some time the proposition

was new-modelled, and, in a less pointed shape, underwent discussion for several days. On the first question, which tried the sense of the House, the division was 47 against 45 for the usurped power. This was in a Committee of the whole. On a renewal of the same question in the House, the decision was

22

WORKS OF MADISON.

1794

reversed by 47 in the affirmative and 45 in the negative. A motion was then made to limit the censure to the Societies within the scene of insurrection, which was carried by the casting vote
of the Speaker. In this form the whole proposition was abandoned. This was on Thursday on Friday, it being foreseen that some evil accommodation would come from the other side and
;

insert the sentence succeed, it was proposed by Mr. Nicholas to which distinguishes the first paragraph of the answer agreed An attempt was made to add "and selfto from the Report. after societies" created "combinations," but it had so little The answer was it was withdrawn. that of success prospect
in the inclosed presented on Saturday, and received the reply The Repubno loss to understand. be at will paper, which you

licans

were considered by

their opponents as rather victorious

by

the result in the House.

final

The reply

of the President
side:

is

claimed by the latter as a

triumph on their

and

it is

probable that so

will prove. You will easily conceive my It was obvious that a situation through this whole business.
it

insurrection

most dangerous game was playing against Republicanism. The was universally and deservedly odious. The DemThe Reocratic Societies were presented as in league with it. were be drawn of to into an ostensible Congress publican part patronage of those societies, and into an ostensible opposition
to the President.

And by

this artifice the delusion of

New

England was

to

be confirmed, and a chance afforded of some

new

the success of this

turn in Virginia before the elections in the Spring. What game will really be, time must decide. If

the people of America are so far degenerated already as not to see, or to see with indifference, that the citadel of their liberties
is

menaced by the precedent before their eyes, they require abler advocates than they now have to save them from the conseLengthy as the debate was, I took but little part in quences.
it;

and that little is very erroneously, as well as defectively, stated in the newspapers. No private letters from Monroe. An official one of September 15th speaks of the utmost prosperity at home, of the irresistible discipline and enthusiasm of their
armies,

and of the most unalterable

affection to this Country.

1794.

LETTERS.
is

23
is

All that

given out from Jay's negociation

result.

in favor of

some

advantageous

TO JAMES MONROE.
r PHILADELPHIA, Dec 4th, 1794.

I did not receive your favor of September 2d, the SIR, only one yet come to hand, till yesterday. The acconnt of your arrival and reception had some time ago found its way to us

DEAR

through the English Gazettes. The language of your address to the Convention was certainly very grating to the ears of many here; and would no doubt have employed the tongues,

some of them, if external as well as interhad not checked them; but more particularly the appearance about the same time of the President's letter, and those of the Secretary of State. Malicious criticisms, if now made at all, are confined to the little circles which relish that kind of food. The sentiments of the President will be best communicated by Mr. Randolph. You are right in your conand the pens
too, of

nal circumstances

jecture, both as to the facility given to the

Envoy Extraordi-

nary by the triumphs of France, and the artifice of referring it The prevailing idea here is that the Mission to other causes.
will be successful, though it is scarcely probable that it will prove so in any degree commensurate to our rights, or even to
is

Whilst no industry the expectations which have been raised. spared to prepare the public mind to echo the praises which
will be rung to the address of the negociator, and the policy of defeating the commercial resolutions proposed at the last sesIt will not be easy, however, to hide from the view of sion.

the judicious and well-disposed part of the community, that every thing that may be obtained from Great Britain will have

been yielded by the fears inspired by those retaliating measures, and by the state of affairs in Europe. You will learn from the newspapers and official communications the unfortunate scene in the Western parts of PennsylvaThe history of its nia which unfolded itself during the recess.

24

WORKS OF MADISON.

1794.

remote and immediate causes, the measures produced by it, and the manner in which it has been closed, does not fall within the
It is probable, also, that many explanaletter. I can only are circumstances yet but imperfectly known. tory refer to the printed accounts, which you will receive from the Department of State, and the comments which your memory

compass of a

you in making on them. The event was, in several a critical one for the cause of liberty, and the real respects, authors of it, if not in the service, were, in the most effectual manner, doing the business of Despotism. You well know the
will assist

general tendency of insurrections to increase the momentum of power. You will recollect the particular effect of what hap-

pened some years ago in Massachusetts. Precisely the same calamity was to be dreaded on a larger scale in this case. There were enough, as you may well suppose, ready to give the same turn to the crisis, and to propagate the same impressions from it. It happened most auspiciously, however, that, with a
spirit truly

description,
ity,

Republican, the people every where, and of every condemned the resistance to the will of the majorand obeyed with alacrity the call to vindicate the authority

of the laws.

You

will see, in the

answer of the House of Rep-

resentatives to the President's speech, that the most was made of this circumstance, as an antidote to the poisonous influence to which Republicanism was exposed. If the insurrection had not been crushed in the manner it was, I have no doubt that a

formidable attempt would have been made to establish the principle that a standing arrny was necessary for enforcing the laics. When I first came to this City, about the middle of October, this was the fashionable language. Nor am I sure that the at-

readily the business detailed in the newspapers relating to the denunciation of the "self-created Societies." The introduction of it by the President was, perhaps, the greatest error of his
politi-

tempt would not have been made, if the President could have been embarked in it, and particularly if the temper of New England had not been dreaded on this point. I hope we are over that danger for the present. You will understand

cal

life.

For

his sake, as well as for

a variety of obvious rea-

1794.

LETTERS.

25

sons, I wished it

might be passed over in silence by the House of Representatives. The answer was penned with that view, and so reported. This moderate course would not satisfy those
to

who hoped

draw a party advantage out of

the President's

popularity. The game was to connect the Democratic Societies with the odium of the insurrection; to connect the Republicans

Congress with those Societies; to put the President ostensibly at the head of the other party, in opposition to both, and by these means prolong the illusions in the North, and try a new experiment on the South. To favor the project, the answer
in

of the Senate was accelerated, and so framed as to draw the

President into the most pointed reply on the subject of the SoAt the same time, the answer of the House of Reprecieties. sentatives was procrastinated, till the example of the Senate

and the commitment of the President could have their full opeYou will see how nicely the House was divided, and how the matter went off. As yet, the discussion has not been revived by the newspaper combatants. If it should, and equal
ration.

talents be opposed, the result cannot fail to wound the President's popularity more than anything that has yet happened.
fensible in reason, or

must be seen that no two principles can be either more indemore dangerous in practice, than that 1 denunciations may punish what the law permits, and Arbitrary what the Legislature has no right by law to prohibit; and that, 2. The Government may stifle all censure whatever on its misIt
.

doings; for if it be itself the Judge, it will never allow any censures to be just; and if it can suppress censures flowing from one lawful source, it may those flowing from any other from the press and from individuals, as well as from Societies, &c.

The

elections for the

New England

House of Representatives are over in and Pennsylvania. In Massachusetts, they have

been contested so generally as to rouse the people compleatly from their lethargy, though not sufficiently to eradicate the

The principal members errors which have prevailed there. have been all severely pushed; several changes have taken place, rather for the better, and not one for the worse. In Pennsylvania, Republicanism claims 9 out of 13, notwithstanding the

26

WORKS OF MADISON.

1794.

the election very disadvantageous circumstances under which was made. In New York, it is expected the proportion of sound men will be increased. In Maryland, the choice has been much
as heretofore.

make no changes

Virginia and North Carolina will probably In the former, Mr. Griffin refor the worse.

Mr. Lee will probably either do so, or signs his pretensions. be dropped by his Constituents. In South Carolina, the death of Gillon will probably let in Mr. Barnwell. In Delaware, Pat-

On the whole, the prospect is elected, in lieu of Lattimer. rather improved than otherwise. The election of Swanwick, as a Republican, by the Commercial and political Metropolis
ton
is

of the United States, in preference to Fitzsimmons, is, of itself, of material consequence, and is so felt by the party to which

For what relates to the Senate, I trust to the latter belongs. the letters which you will receive from Brown and Langdon,

whom

I have apprized of this opportunity of answering yours. I shall observe, only, that Tazewell and S. T. Mason were elected by the most decided majorities to fill your vacancy and

that of Col. Taylor, who gave in his resignation. Not a single Anti-republican was started. Mr. Dawson was a candidate, and got 40 votes against 122. Brooke is also Governor by a pretty

decided vote.
liis

He had 90 odd, against 60 odd given to Wood, only competitor. I had a letter lately from Mr. Jefferson. He has been con-

by the rheumatism since August, and is far from being enMr. T. M. Randolph has also been in a ticklish situation; what it is at present, I cannot Mr. Jones say. was well a few days ago; he was then setting out to Loudoun, where he has made a great purchase of land from Col. Chs. Carter. I infer from his letters to me that you are included in it. He will no doubt write you fully on that subject, or more
fined
tirely recovered.

probably has written already. I have not received anything from Wilkinson, nor from Vernor heard mont; anything relating to your interests in New York. I have given notice to Mr. Yard and Doctor Stephens of this conveyance, and expect both will write. Mrs. Heilager is also here, on her way to St. Croix, and will no doubt write

1794.

LETTERS.
Monroe.
I

27

to Mrs.

York.

She tells me all friends are well in New hope her letter will give all the particulars, which

may be

your farm along with Mr. Jefferson, and viewed the sites out of which a choice is to be made for your house. The one preferred by us is that which we favored originally, on the east side of the road, near the field
All that could be suggested by way of that trees be planted promiscuously and pretty was, preparation field in the adjoining the wood. In general, your farm thickly as was to be expected. Your upper farm be as well to appeared

When

interesting. in Albemarle last fall, I visited

not long since opened.

I did not see, being limited in I

my

stay in that quarter.

have just seen Mr. Ross, who tells me he has received your He would write by this opportunity, but wishes to be letter. more full than the time will permit. "We expect another will
offer in a

few weeks, when we shall

I should say

all

continue our communiif

cations.

more

to

you now,

I could say it in
Eliza,

cypher.

Present

my

best respects to Mrs.

Monroe and

and

tell

them

I shall

be able on their return to present them with a new

acquaintance,

who

is

prepared, by

my representations,

to receive

them

with all the affection they merit,

will be entitled to theirs.

r We are at present inpower took place on the 15th of Sept habitants of the house which you occupied last winter, and shall
.

and who, I flatter myself, The event which put this in my

continue in

it

during the session.

sincerest wishes for your happiness amiable family, I remain, affectionately.

With my

and that of your

Hamilton has given notice that he means to resign. Knox means to do the same. It is conjectured that the former will contend for the Government of New York. Burr will be the
competitor.

28

WORKS OF MADISON.
TO THOMAS JEFFERSON.

1794.

PHILADELPHIA, December 21, 1794.

DEAR SIR, Your favor of the 9th, by the Orange Post, arrived here on the 18th; that of the 12, by the Richmond Post, on the 20th; so that it appears the latter was one day less on
the way.
It
is

to

be remarked, however, that as the Orange

he might easily be in post leavjje Charlottesville on Tuesday, for the mail which passes in time on Thursday, Fredericksburg If this Dumfries. to that it on despatch is not reday through
quired of him,
it

ought to be.

It

would make a

difference of

two days in the journey. Or, at least, the post might wait a day in Charlottesville, and be in time for the Saturday's mail at
Fredericksburg. Our weather here has been as fine as you describe yours. Yesterday there was a change. It was cold, cloudy, arid inclined

To-day we have a bright day, and not very cold. Wheat is at 13s. here are very different from yours. Prices in In or 14s., and flour proportion. general, things are 50 pr cent, beyond the prices of last winter.
to snow.

The phenomenon you wish to have explained is as little understood here as with you; but it would be here quite unfashIt is impossible to ionable to suppose it needed explanation.
give you an idea of the force with which the tide has set in a It has been too violent not to be soon particular direction.

followed by a change.
ready.

In

fact, I

think a change has begun

al-

The danger

will then be of as violent a reflux to the

opposite extreme. The attack made on the essential and constitutional right of " the Citizen, in the blow levelled at the self-created Societies,"

be

does not appear to have had the effect intended. It is and must felt by every man who values liberty, whatever opinions he
of the use or abuse of
it

may have

by those

institutions.

You
by the
the
its

will see that the appeal is

begun

to the public sentiment

injured parties.

example.

The Republican society of Baltimore set That of Newark has advertised a meeting of
It is said that if

members.

Edw d

Livingston, as is generally

1794.

LETTERS.

29

lie is

believed, has outvoted Watts for the House of Representatives, indebted for it to the invigorated exertions of the Democratic society of that place, of which he is himself a memIn Boston, the subject is well understood, and handled

ber.

in the newspapers,

on the republican side with industry and

address.

The

elections in Massachusetts

have turned out rather better

than was of late expected. The two republican members have stood their ground, in spite of the most unexampled operations
against them.

Ames

is

said to

owe

his success to the votes of

Negroes and British

sailors,

smuggled under a very lax mode

of conducting the election there. Sedgwick and Goodhue have Dexter is to run another heat, but will sucbare majorities.
ceed; Gerry, his only considerable competitor, and who would outvote him, refusing to be elected. There are several changes

remainder of the delegation, and some of them greatly In New York there will be at least half repubfor the better. It has unluckily happened that in two licans, perhaps more.
in the

two republicans set up against one Anti. The consequence is, that a man is re-elected who would not otherwise have taken the field; and there is some danger of a similar consequence in the other district. In New Jersey, it is said that
Districts

not more than one of the old members will be returned. The people all over the State are signing with avidity a remonstrance against the high salaries of the

Government

Hamilton
last of

is

to resign, according to his

is

own

notification, the

not yet unfolded. Knox, as the Their successors are not yet the substance. follows shadow, circumstance that has escaped. designated by any

February. His object

What think you of a project to disfranchise the insurgent Counties by a bill of exclusion against their Representatives in the State Legislature? The object is to pave the way for Bingor Fitzsimmons as Senator, and to give an example for rejecting Gallatin in the House of Representatives at the next

ham

The proposition has been is a member. There is some is uncertain. and the event table, defeat the measure the violence of it; nor is it may probability
Congress, of which he
laid

on the

3Q
certain, I

WORKS OF MADISON.
am
its
it told, that, if carried through,

1795.

would answer the

purpose of

authors.

TO EDMUND PENDLETON.
PHILADELPHIA, January
8,

1795.

have received your favor of the 30 ult., and conjoined by my partner in the sincerest returns for your find this will I wishes. and you in hope friendly gratulations more confirmed health, and enjoying the commencement of a new year with every prospect that can make it a happy one. One of the papers inclosed gives you the latest news from Europe. It is to be hoped that the dawn of peace may not be We have nothing of late date either from Jay or overcast.
SIR,
I

MY DEAR

am

Monroe. No communications whatever as to the negociations of the former have yet been laid before Congress. The accounts which circulate through private channels have flattered, in general, the wishes entertained by all for his success. In the other paper you will see the opinion of this gentleman, when an advocate for the Constitution, on the nature of the tax on carriages. If it remains the same when he is to decide as Chief Justice, we may yet hope to see this breach in the Constitution repaired. The House of Representatives have been engaged in revising the naturalization law, which has been found not duly guarded against intrusions and evasions. The new bill, as passed the
House, requires of the candidate for Citizenship residence for five years, an oath of abjuration as well as of allegiance, satis-

Court of good Character, attachment to the prinand of being well disposed to the good of the Constitution, ciples On the motion of order and happiness of the United States.
faction to the

Mr.

Giles, a clause

was added requiring of

all

who may have

belonged to the order of Nobility, or borne any hereditary title, to make an express renunciation on these points in court and upon record. You will think it strange, perhaps, that this
should have met with opposition; and yet it became a question of some heat, tho' opposed rather as unimportant than improper.

1795.

LETTERS.

31

Several of the conditions have reference to the present State of Europe, and the danger of an influx to this country both of
aristocracy and licentiousness.
It seems not amiss that

we

should be on our guard against both extremes.

There will be

a serious

effort

made

off the public debt.

that will of

itself,

an effectual operation for paying increase of the impost presents a fund if not diverted, answer the purpose. The
to begin

The

Legislature of this State has just passed an exclusion vote in each House against the Representatives and Senators from the Counties lately in insurrection. I am not able to say on what
I wish it may not have been too much a work of principle. If they proceed to any business not urgejit, before the party.

vacant seats can be refilled, it will wear so much of that appearance as to threaten a revival of discontents, which ought to be buried as much as possible.
Offer him, if you Col. Taylor, and how employed ? and for his health best sincerest wishes and happiplease, my
is

How

ness.

With

the truest esteem and affection, I am, dear

sir,

yours.

Tazewell has been here a short time only, and Mason has not been heard of.

TO MR. JEFFERSON.
PHILADELPHIA, January
11, 1795.

DEAR
tives

SIR,

The

last subject before the

House of Representa-

was a Bill revising the naturalization law, which, from its and the progress of things in Europe, was exposing us to very serious inconveniences. The Bill requires 1. A probadefects

tionary residence of 5 instead of 2 years, with a formal declaration on oath of the intention 3 years, at least, prior to the admission.
2.

An oath of abjuration,

as well as of allegiance.

3.

Proof of good character, attachment to the principles of our Government, and of being well disposed to the good order and

32

WORKS OF MADISON.

1795.

4. Where the candidate has States. happiness of the United of Nobility, he is to reorder of been or borne any title, any some dust. The Eastlast raised This nounce both on record.

ern members were weak enough to oppose it; and Dexter, as a set off, moved a correspondent clog on emigrants attached to be able to throw the dust they slaveholding. Whether they will

have raised into the eyes of their constituents, I know not. It will not be easy, I think, to repair the blunder they have comOn the ayes and nays, there mitted, if it reaches the people.

were 60
Bill is

for

and

little

more than 30
is

against, the clause.

The

gone to the Senate.

so increased as to supply a fund

Our revenue from trade

for

commencing the discharge of the public debt. The excises laid at the last session will probably be left as they stand. The

and Treasury bench have attempted to make them perpetual, till the them to a Committee of a about prolong report brought Another Committee, after conferring with the year 1801. sugar-bakers and snuff-makers, have agreed on a counter ReThe French gain defeat the project. port, which will probably In Spain, Sardinia, victories faster than we can relate them.
and Holland, they are equally sweeping everything before them. They were not in Amsterdam, but expected in a few days. The patriotic party was openly revived, and it was not doubted that the Stadtholder would move off to England for his personal The Duke of York has been well drubbed again at safety. Nimegucn. It was said to be agitated in the British Cabinet whether he should not, with all his troops, have withdrawn from
the Continent.
It is

surmised that Prussia has actually treated

with France, and that the Emperor is taking the same course. It is, indeed, agreed that France can dictate peace to all her
enemies, except England, and that she will probably do so, in order to have a fair campaign with England alone. Nothing
It is expected here that he will accomplish final yet from Jay. much, if not all he aims at. It will be scandalous if we do not, under present circumstances, get all that we have a right to demand.

Not a word from Monroe.

1795.

LETTERS.
TO THOMAS JEFFERSON.
PHILADELPHIA, January 26, 1795.

33

DEAR
not
till

I have received your favor of December 28, but three weeks after the date of it. It was my purpose to
SIR,

it particularly, but I have been robbed of the time reserved for the purpose. I must, of consequence, limit myself to a few lines, and to my promise given to the Fresco painter to forward you the enclosed letter.

have answered

Nothing since

my last from Jay or Monroe. The

Newspapers,

as usual, teem with French victories, and rumors of peace. There seem to be very probable indications of a progress made
to this event, except in relation to Great Britain, with whom a Duet campaign is the cry of France. The naturalization has

not yet got back from the Senate. I understand, however, it will suffer no material change. They have the prudence not to
touch the nobility clause. The House of Representatives are on the Military establishment and the public debt. The difficulty and difference of opinion, as to the former, produced a motion to request the President to cause an estimate of the

proper defence, &c. It was, in its real meaning, saying, we do not know how many troops ought to be provided by our LegisIt was opposed as openlative duty, and ask your direction.
for dragging in the weight of the_ Executive for party questions; as extorting his opinion, which he should reserve for his negative; and as exposing his unpopu-

ing the

way

one scale on

all

lar opinions to be extorted at

The prerogative men chose ity. wrong handle, and being joined by

any time by an unfriendly majorto take the subject by the the weak men, the resolution I fancy the Cabinet are embarrassed on the subject. passed. On the subject of the Debt, the Treasury faction is spouting on the policy of paying it off as a great evil, and laying hold of two or three little excises, past last session under the pretext of war,
are claiming more merit for their zeal than they allow to the opponents of their puny resources. Hamilton has made a long valedictory Report on the subject. It is not yet printed, and I

have not read

VOL.
II.

it.

It is said to contain a

number of improper

34
things.

WORKS
He

OF

MADISON.

1795.

the Speaker he had one got it in by informing for the House, when they should ready, (on the actual revenues,)
please to receive
it.

TO THOMAS JEFFERSON.
PHILADELPHIA, Feb* 15, 1795.

DEAR

SIR,

Although nearly three months have passed since the signing of the Treaty by Jay, the official account of it has not been received, and the public have no other knowledge of its articles
than are to be gleaned from the imperfect scraps of private
ters.
let-

inferred that the bargain is much less in our favour than might be expected from the circumstances,

From

these

it is

which co-operated with the justice of our demands. It is even conjectured that on some points, particularly the Western posts, I find that in New the arrangements will be inadmissible. York there are accounts, which are credited, that the posts, after the surrender, are to be thoroughfares for the traders and merchandize of both parties. The operation of this will strike you at once, and the sacrifice is the greater, if it be true, as is stated, that the former regulation on the subject secured to the
United States the monopoly of the fur trade, it being impossible for the Canadian traders to get to and from the markets without using our portages, and our parts of the lakes. It is * * * but I wrong, however, to prejudge; suspect that Jay has been betrayed by his anxiety to couple us with England, and to avoid returning with his finger in his mouth. * * * * * It is apparent that those most likely to be in the secret of the affair do not assume an air of triumph.
the former three.

New York give six republicans, instead of E. Livingston had in the city 205 votes more than Watts, the present member. In Massachusetts, the elecThe
elections in
tions are, in several instances, still to

to run a third heat.

be repeated. Dexter is In the last his rival outvoted him, but was

1795.

LETTERS.

35

disappointed by a few scattering votes, which prevented his having a majority of the whole. It is said that if nothing new turns up, Varnum will be sure to succeed on the next trial. The choice of Senators continues to run on the wrong side. In

Delaware, where we were promised of late a Republican, contrived, by a certain disposition of offices, as some tell

it

was

us, or,

according to others, occasioned by particular sicknesses, that Latimer, of the House of Representatives, lately dropped by the N. Carolina people, has been appointed by the Legislature.
has appointed Bloodworth, whom you may recollect. His countrymen here do not augur favorably of his political course.
Clinton has declined a re-election to the Government of

New

His party set up Yates and Floyd against Jay and Van Rennsselaer. Hamilton does not interfere with Jay. It is pompously announced in the newspapers that poverty drives him back to the Bar for a livelihood. The session has produced, as yet, but few acts of consequence. Several important ones are depending; on the subject of the Militia, of the Military Establishment, and the discharge of the On the first, little more will probably be done public debt. than to digest some regulations, which will be left for public

York.

consideration

till

the next session.

On

the second, the present

Military Establishment will be continued and compleated; notwithstanding the late Treaty with the six Nations, the success

of

against the other tribes, and the disappearance of ominous symptoms in the aspect of Great Britain. I am ex-

Wayne

tremely sorry to remark a growing apathy to the evil and danger of standing armies. And a vote passed two days ago, which is not only an evidence of that, but, if not, the effect of unpar-

donable inattention, indicates a temper still more alarming. In the Military acts now in force, there are words limiting the
use of the army to the protection of the Frontiers. The Bill lately brought in revised the whole subject, and omitted this
limitation.
It

was proposed

to reinstate the words.

This was

It was then proposed to substirejected by a large majority. tute another phrase, free from the little criticisms urged against

the first proposition.

The debate brought out an avowal

that

36

WORKS OF MADISON.

1795.

the Executive ought to be free to use the regular troops, as well as the Militia, in support of the laws against our own citizens. Notwithstanding this, the amendment was lost by 8 votes.

The House was very thin, and it is supposed that the majority would have been in favor of the amendment if all the members had been present. The mischief, however, is irremediable, as the Senate will greedily swallow the Bill in its present form. This proceeding is the more extraordinary when the President's Speech and the answer of the House of Representatives are recThe third subject is the reducollected and compared with it. Hamilton has, in an arrogant valediction of the pub'lic debt.
It will require tory Report, presented a plan for the purpose. about 30 years of uninterrupted operation. The fund is to con-

of the surpluses of impost and excise, and the temporary taxes of the last session, which are to be prolonged till 1817.
sist

You will judge of the chance of our ever being out of debt, if no other means are to be used. It is to be lamented that the
public are not yet better reconciled to direct taxes, which alone can work down the debt faster than new emergencies will probOf this dislike the partizans of the Debt take ably add to it.

advantage, not only to perpetuate it, but to make a merit of the The application of inadequate means to the discharge of it. plan of Hamilton contained a number of new irredeemabilities,

among the remodificatious proposed by him. All these have been struck out. Mr. Christie, of the House of Representatives, intends to visit
in the interval between the present and next session. ambitious of a line from you introducing him to Mr. Pinckney, and has made me his solicitor for it. .He is a man of good sense, and second to none in a decided and systematic de-

England

He

is

votion to Republicanism. Will you oblige us both by inclosing me such a letter? You need not fear its [not?] reaching me, as I shall be detained here some time after the adjournment.

Adieu.

1795.

LETTERS.
TO JAMES MONROE.
PHILADELPHIA, March 11, 1795.

37

DEAR

SIR

I have not yet received a single line from yon except yours of September 2d, long since acknowledged. Your last letters of the official kind were duplicates of Octr 16, Nov r 7, and 20.

You
In

will perceive in the newspapers that the parts of them relating to the Jacobin societies have been extracted and printed.

New York
The

fixed.

they have been republished, with your name prequestion agitated in consequence of the President's

denunciation of the Democratic societies will account for this

use of your observations. In New York, where party contests are running high in the choice of a successor to Clinton, who
declines, I perceive the use of them is extended, by adroit comments, to that subject also. It is proper you should be apprized of these circumstances, that your own judgment may be the better exercised as to the latitude or reserve of your communi-

cations.

The Treaty concluded with Great Britain did not arrive beand dispersion of Congress. The Senators received a summons to reassemble on the 8th of June, on the
fore the adjournment

calculation that the Treaty could not fail to be received by that It arrived a few days after. It is a circumstance very time.

singular that the first knowledge of its contents, as finally settled, should not have come to the Executive till more than three

months

after the date of

it.

What

its

contents ar^, the Execu-

tive alone as yet know, the most impenetrable secrecy being observed. You will easily guess the curiosity and disappoint-

ment of the

public. Complaints, however, are repressed, by the confidence that some adequate reasons exist for the precaution. The arrival of this Treaty and the delicate relations in which

we

to the prospect of meliorating the

stand to France are beginning to turn the public attention Treaty with her, and the ar-

rangements that may have been taken on either side for the purIt is certainly much to be desired that the crisis should pose. be not suffered to elapse without securing to this Country the

432583

38

WORKS OF MADISON.

1795.

previous advantages in commerce which we now enjoy from the indulgence or temporary embarrassments of that Nation; and
still

more, that the possibility should be precluded of any col-

lisions that

may endanger

the general friendship already stipu-

lated between them.

TO THOMAS JEFFERSON.
PHILADELPHIA, March 23, 1795.

letter for

last favors contained, one of them, the which has been sent to him; the other accompanied the letters to the President and Mr. Randolph. The President The two latter were duly delivered also. touched on the subject the other day in conversation with me, and has no doubt written to you on it. There are difficulties,

DEAR

SIR,

Your two

Mr.

Christie,

way of your suggestion, besides the general one arising from the composition of the Scientific body wholly out of foreign materials. Notwithstanding the advantages which might weigh in the present case against this objection, I
I perceive, in the

own

It was not sufficient, however, remarks from the President, as your letter would have me authorized to do. Whilst I am acyour I am reminded a of knowledging your favors, passage in a former one,* which I had proposed to have answered at some length. Perhaps it will be best, at least for the present, to say,

that I feel its importance.

to induce

me

to withhold

in brief, that reasons of every kind, and some of them of the most insuperable as well as obvious kind, shut my mind against

the admission of any idea such as you seem to glance at.

I for-

bear to say more, because I can have no more to say with respect to myself; and because the great deal that may and ought to be said beyond that restriction will be best reserved for some
other occasion; perhaps for the latitude of a free conversation.

You

ought to be preparing yourself, however, which no inflexibility will be able to withstand.

*

to hear truths

Dec r

28, 1794.

Jefferson's Correspondence.

1795.

LETTERS.

39

I have already told you of my failure to get from Edmund Randolph one of your books, which has slipped out of his memory as well as his hands. I have since, after repeated applications, got from Wilson Flandon, [?] Fleta, Bracton, &c. Mably, he says, he lent to Gallatin, with your permission. This was not mentioned, however, till very lately; and Gallatin is at presAs soon as he returns I will renew my ent in New York.
efforts.

have procured for you the " sketches on rotations," which I ind to be truly a good thing. It was written by Mr. Boardly. The other publications referred to in page 43 are not to be had I propose, if an opportunity offers, to get ,t the booksellers. hem through some friend, who can carry the enquiry to the auhor himself. I have also procured you the correspondences nth Hammond, &c. All these, with some other things deemed
I

vorth your possessing, I shall pack up for a conveyance by vater to Richmond, addressing them to the merchant there from ?taunton, whose name I cannot at this moment recollect.

The Treaty with England arrived soon

ment.
It is

after the adjourn-

kept an impenetrable secret by the Executive. The Senate are summoned to meet it the 8th of June. I wish it may not be of a nature to bring us into some delicacies with
France, without obtaining fully our objects from Great Britain. The French, it is said, are lately much less respectful than heretofore to our rights on the seas.

have no private letters from Monroe. His last public ones were no later than November. They contained a history
of the Jacobin clubs, in the form of an apology for the ConvenExtracts on that subject were immediately put into the tion.

We

newspapers, and are applied to party purpose generally, particularly in New York, where the election of Governor is on
the anvil. Yates and Jay are the candidates. The last accounts from Amsterdam foretell in the next the capture of that place by the French. The enclosed speeches of Pitt and Fox will give you the English politics, and a general view of the crisis
in Europe. I have been detained here

by a sick family, and am so at

4Q

WORKS OF MADISON.

1795.

which are kept bad by the present by the state of the roads, I am frosts. the rains and extremely anxious to be on the jouras I can prudently venture. soon as out set and shall
ney,

Yours always, and most

affectionately.

TO JAMES MONROE.
PHILADELPHIA, March 26, 1795.

My last was written about ten days ago, for i to be in the view of the office of State. intimated conveyance have since that received yours committed to Mr. Swan, and tw<
DEAR
SIR,
.

hours ago that of December 18, covering the private one

foi

Mr. Randolph. The other, referred to as sent by the way oi Havre, is not yet come to hand. Mr. Swan is much embarrassed in his operations by the enor mous price of Wheat and flour. The latter has been above ten dollars a barrel, and is now at that price. The former has been Mr. as high as 15s. 3cL, and is now very little below that. he will be to that direct his atSwan is apprehensive compelled of the It other world. is a matter of tention to some quarter
double regret that such a necessity should happen. The causes of this extraordinary rate of produce are differently explained.

'The deficiency of the

The

influence of the

Bank

last harvest is certainly a material one. credits on mercantile entcrprize and

moment

may be another, though this cause cannot at this operate, as the Banks are in another paroxysm of distress, and have for some time discontinued their discounts. The
competition

idea of great demands from Europe, particularly from France, has no doubt contributed to the effect; though this cannot
particularly refer to the object of Mr. Swan, because the high prices preceded his operation, and, in fact, are not peculiar to

the articles he wants, or limited to articles having any relation to them. In general, prices are exorbitantly high, and in this
place incredibly so.
cent,

The markets have been nearly 100 per advanced in some, and fifty in most instances, beyond the

1795.

LETTERS.

41

them prior to your departure. . House Rents have kept the same course. These circumstances denote some general and
state of

deeply-rooted cause. From as near a view as I have yet been able to take of your letter to Mr. R., I see no reason why I should hesitate to deliver
it.

offensive

cannot forbear believing that the Report of stipulations, and defensive, is quite without foundation; but your

view of things, on the contrary supposition, involves a variety of interesting ideas; and your communications and reflections in general with regard to the Treaty, as proceeding from one in your position and of your sentiments, merit too much atten-

Department to be withheld altogether mentioned in my last that the Treaty was come, but kept a profound secret. In that state it remains. Its contents have produced conjectural comments without number. As I am as much out of the secret as others, I can say nothing that goes beyond that character. I should hope it to be impossible that any stipulation, if any should be attempted, inconsistent with
tion in the Executive
it.

from

the Treaties with France, can ever be pursued into eifect. I cannot even believe that any such stipulation would be hazarded.

The

President, to say nothing of the people, would so certainly revolt at it, that more than wickedness would be requisite in the

authors.

At

the same time,

it is

possible that articles

may be

included that will be ominous to the confidence and cordiality of France towards the United States, not to mention that any

arrangements with Great Britain, (beyond the simple objects you mention,) made at the present juncture and extorted by the known causes, must naturally appear in the light you represent. How the instructions to Jay may square with what he may have done, or both or either with the language you were authorized to hold, must await future lights. As I do not know how far
communications may or may not put you in possession of the contents of the Treaty before this arrives, and as it appears you had no previous or contemporary knowledge of the
official

particulars, I ought not to decline the task of giving you what appears to me to be the most probable account of them; pre-

mising that I speak without the least clue or hint from the

offi-

42
cial quarter,

WORKS OF MADISON.

1795.

and what is truly to be taken for conjecture, or, at most, for inferences from circumstances mostly of newspaper publicity: 1. It is generally agreed that the posts are to be surrendered, but not before June, 1796; and it is among the reports, that they are afterwards to be a sort of thoroughfare This would be a very disagreeable and a very for both parties.
2. The Compensations for losses are unpopular ingredient. in train to be a primarily judicial, eventually diplosupposed

matic.

The

sufferers, I believe, are

very

little

sanguine, but

they are, in general, silent, from causes which you will readily 3. I should have mentioned the other stipulations in imagine.
little is said, except, in

the treaty of peace, besides the delivery of the posts. On this, that are to be executed on general, they

sides. Perhaps the question of interest during the war, and complaints on the British side from State laws affecting their debts, may be referred, along with some of the American losses from privateers and Admiralty Courts, to Commissioners.

both

4. This, however, is purely conjectural. footing of reciprocity with respect to the trade directly with Great Britain, so far as to put British and American vessels on the same foot-

ing in American ports, and American and British on the same As this would take from our vessels footing in British ports.
the advantage they now enjoy, particularly with respect to the difference of ten per cent, in the duties, it would be injurious,

and, if not countervailed, unpopular. 5. An admission of American vessels to the British West Indies, if under 100, or, perhaps,

75 tons.
relation

vessels to the

Whether the right be renounced of reducing British same size, is a question of some consequence in to this point. 6. The Treaty in relation to the com-

merce with Great Britain to continue for 12 years; to that with West Indies, for 4 years. I should be led, from some particular circumstances, not to doubt the latter limitation, if the aspect and effect of it were not so strikingly revolting. Having had but a few moments' notice of this opportunity, I am obliged to conclude a very hasty letter with abrupt assurances of the affection with which I am, dear sir, your friend and serv*.
the

1795.

LETTERS.
\

43

TO THOMAS JEFFERSON.
August
6,

1795.

DEAR
third,

SIR,

I return the paper covered

by your favor of the

which was handed me by a gentleman who picked it up I find that the meeting in New York was in Charlottesville. not exactly as represented to you. The Republicans were never outnumbered, and the vote of a very full meeting was finally unanimous in remonstrating against the Treaty. The Chamber of Commerce has had a separate meeting, and has passed some counteracting Resolutions. In Portsmouth, Boston, and Philadelphia, unanimous Remonstrances have also issued from Town Meetings, and been sent by express to the President. The silence
of the disaffected minorities
that Mr.
is easily explained. I understand presided at the Richmond meeting, a circumstance which will not be without its weight, especially as he pre-

Wythe

sided at the former meeting in support of the Proclamation. gentleman who was present says he was told two individuals

only in the City openly espoused the Treaty. Even Andrews I have a letter from joins in the general denunciation of it.

In short, from the Bishop, which is a philippic on the subject. all quarters, the public voice seems to proclaim the same detestation, except

from Alexandria, and its neighbourhood, where Doctor Stuart and the Lees take the side of the Treaty. I have a letter from Chancellor Livingston, which tells me he has taken the liberty of writing a free letter to the President, with a view to impress on him the public senthere
is

some

division.

timent, arid the consequences of ratifying an act so hostile to the opinions and interests of the people, and to the good understanding with France. The inclosed papers contain some re-

marks on the Treaty from a hand which will claim attention. They are borrowed, and you may, therefore, return them by Mr. Jones, or any other convenient opportunity.

44

WORKS OF MADISON.
TO ROBT. E. LIVINGSTON.
August

1795.

10, 1795.

DK g m> Your favour of July 6 having been addressed to Williamsburg, instead of Orange Court House, did not come to
hand

Your gloomy Picture of the Treaty till two days ago. does not exceed my ideas of it. After yielding terms which would have been scorned by this Country in the moment of its
full enjoyment greatest embarrassments, and of Great Britain's of peace and confidence, it adds to the ruinous bargain with this Nation a disqualification to make a good one with any other.

In

all our other Treaties it has been carefully stipulated that the Nation to be treated as the most favored Nations, and to

come in for all new privileges that may be granted by the United States, must pay for them the same, or an equivalent price, with the grantee. The proposed Treaty with Great Britain,
disregarding this obvious rule of justice and equality, roundly agrees that no duty, restriction, or prohibition, with respect to
Ships or Merchandize, shall be applied to Great Britain, which do not operate on all other nations. [See Art. XV.] Should any other Nation, therefore, be disposed to give us the most
precious and peculiar advantages in their trade, in exchange for the slightest preferences in ours, this Article gives Great Britain

a negative on the transaction, unless it be so modified as to let her in for the favour without paying the price of it. But what

when

Nation would be willing to buy favours for another, especially the inducement to buy and the value of the purchase might depend on the peculiarity of the favour ? It must be seen at
once that this extraordinary feature would monopolize us to Great Britain, by precluding any material improvement of our
existing Treaties, or the hope of any new ones that would be of much advantage to us. That so insidious an Article should

have occurred to Lord Grenville's jealousy of the United States, and his policy of barring their connection with other Countries, and particularly with the French Republic, can surprise no one.

The concurrence of
explained; but
it

the American Envoy may not be so easily seems impossible to screen him from the most

1795.

LETTERS.

45

illiberal suspicions,

without referring his conduct to the blind-

Nation and Government, and the most vindictive sensations towards the French Republic. Indeed, the Treaty, from one end to the other, must be regarded as a demonstration that the party to which the Envoy belongs, and of which he has been more the organ than of the United States, is a British party, systematically aiming at an exclusive connection with the British Government, and ready to sacrifice
est partiality to the British

to that object, as well the dearest interests of our commerce, as This is the true the most sacred dictates of National honour.

Key

to this unparalleled proceeding,

to the impartial

and can alone explain it and discerning part of the public. The leaders

of this party stand self-condemned in their efforts to palliate the Treaty, by magnifying the necessity of the British Commerce

United States, and the insufficiency of the You will find, to influence the regulation of it. a pamphlet addressed to your people by Mr. Jay,
to the

United States on turning to when the Federal Constitution was before them, that he then could see our power under such a Constitution to extort what we justly claimed from Great Britain, and particularly to open the West India ports to us. As an Agent for the Constitution, he now
voluntarily abandons the very object which, as an advocate for the Constitution, he urged as an argument for adopting it. Read, also, the paper N. XI, in the publication entitled the Federalist, for the

advocate.

It is

view of the subject then inculcated by another with much pleasure, I assure you, that the sen-

timents and voice of the people in this State, in relation to the attempt to prostrate us to a foreign and unfriendly Nation, are
as decided

who have hitherto

and as loud as could be wished. Many, even of those rallied to the most exceptionable party meas-

ures, join in the general indignation against the Treaty.

The

few who hold out will soon be under the dilemma of following the example, or of falling under imputations which must disarm
all injurious influence. You will see by the Newspapers that the City of Richmond has trodden in the steps of the other Cities by an unanimous address to the President. You will re-

them of

mark

that our Chancellor, Mr.

Wy the, presided in

the Meeting;

46

WORKS OF MADISON.
draw
the

1795.

a circumstance which will

more attention

to

it,

as he

moderation of character, but which addressed the President in was President of the Meeting
is not only distinguished for his

support of his proclamation of neutrality. How far the other Towns and Counties will imitate Richmond is uncertain. If
they should be silent, it will assuredly be the effect, in the former, of a supposed notoriety of their harmony in opposition;

and in the latter, to the same cause, added to the dispersed situation of the people. I think it certain that there is not a Town or County in this State, except, perhaps, Alexandria, where an
appeal to the inhabitants would be attended with any show of You will readily conclude, therefore, that here, opposition. the public do not need the measure which you suggest. With
respect to the President, his situation must be a most delicate one for himself as well as for his Country; and there never was, as you observe, a crisis where the friends of both ought to feel

more
sons,

solicitude, or less reserve.

At

the same time, I have rea-

which

I think good, for

course utility,

cannot, I am merits of the Treaty; and I

ficiently force itself

doubting the propriety, and of of uninvited communications from myself. He persuaded, be a stranger to my opinion on the

of the public opinion within

It is natural

am equally persuaded that the state my sphere of information will suf-

on his attention. enough for the apologists of the Treaty to lay hold of the doctrine maintained by Mr. Jefferson; but whether that doctrine be right or wrong, they might be reminded that he expressly urges the policy of guarding against it, instead of The appeal to him, therefore, must establishing it by Treaty. add to their condemnation. See his letter to Mr. G. Morris, explaining the discussions with Mr. Genet.

TO
ORANGE, August 23d, 1795.

DEAR
hand
till

SIR,

Your favor

of the 3d instant did not

come

to

a few days ago, having been probably retarded by the

1795.

LETTERS.

47

difficulty the post met with in passing the -water-courses, which have been much swelled of late by excessive rains. It gives me much pleasure to learn that your health has been so much im-

proved, as well as that you are taking advantage of it to co-opesee rate in elucidating the great subject before the public.

We

here few of the publications relating to it, except those which issue from meetings of the people, and which are of course republished everywhere. The only Philadelphia paper that comes to me is the Aurora, which, besides frequent miscarriages, is not, I find, the vehicle used by the regular champions on either

have occasionally seen Dunlap's, and in that some specimens of the display of the "Features, &c." I wish much to see Your obliging promise to forward it, along the whole of it. with any other things of the kind, will have a good opportunity by the return of Mr. Wilson Nicholas, who is on his way to Philadelphia, and will call on me on his way home. I requested
side.

the favour of

him

to apprize

you of the opportunity.

"

am

glad

Features, <fec." meditates a similar operation on "The defence of the Treaty, by Camillus," who, if I mistake not, will be betrayed by his Anglomany into

to find that the author of the

arguments as vicious and as vulnerable as the Treaty

itself.

Chamber of Commerce in New York What can be more absurd than to this anticipation. justify talk of the advantage of securing the privileges of sending raw

The Resolutions

of the

materials to a manufacturing nation, and of buying merchandizes which are hawked over the four quarters of the globe for customers? To say that we must take the Treaty or be pun-

ished with hostilities, is something still worse. By the way, it is curious to compare the language of the author and abettors

of the Treaty with that held on the subject of our commercial importance, when the Constitution was depending. Jay himself could then

view its adoption as the only thing necessary to extort the Posts, <fec., and open tJie West India ports. (See his address to the people of New York in the Museum.) The Federalist

[N. XI]

will exhibit a still

more

this point in

another quarter.

You

striking contrast on intimate a wish that I-

would suggest any ideas

in relation to the

Treaty that may

oc-

48
cur to

WORKS OF MADISON.
my
reflections.

1795.

my present sequestered situation, I the am too little possessed of particular turns of the controversy In general, I think it of to be able to adapt remarks to them.
importance to avoid laying too much stress on minute or doubtwhich may give an occasion to the other party to divert the public attention from the palpable and decisive ones, and to involve the question in uncertainty, if not to claim
ful objections,

In

an apparent victory. The characteristics of the Treaty which I have wished to see more fully laid open to the public view are: 1. Its ruinous tendency with respect to the carrying trade.
increase of our shipping under the new Government has, most Legislative discussions, been chiefly ascribed to the advantage given to American vessels by the difference of 10 per cent, on the impost in their favor. This, in the valuable carsufficient has been to check the preferfrom Great Britain, goes ence of British Merchants for British bottoms; and it has been not deemed safe hitherto by Great Britain to force on a contest

The

in

with us in this particular by any countervailing regulations. In consequence of the Treaty, she will no doubt establish such
regulations, and thereby leave the British capital free to prefer This will not fail to banish our tonnage from British vessels.

And there seems to have been no the trade with that country. disposition in the negociator to do better for our navigation in
the "West India trade; especially
if

the exclusion of our vessels

from the re-exportation of the enumerated articles, Sugar, CofThe nature of our exports fee, &c., be taken into the account. and imports, compared with that of the British, is a sufficient, but at the same time our only defence against the superiority
us in fostering our never to have been If this view of abandoned. navigation ought the subject be just, and were presented to the public with merit could not fail to make a deep impression on New In fact, the whole Treaty appears to me to assassinEngland. ate the interest of that part of the Union. 2. The insidious

of her capital.

The advantage they give

cantile skill,

hostility of the

Treaty to France, in general ; but particularly the operation of the 15 th article, which, as far as I have seen,
it

has been but faintly touched on, though

be, in fact,

pregnant

1795.

LETTERS.
According to
all

49
our

with more mischief than any of them.

other Treaties, as well as those of all other nations, the footing of the most favored nations is so qualified that those entitled to
it must pay the price of any particular privilege that may be granted in a new Treaty. The Treaty of Jay makes every new privilege result to Great Britain, without her paying any price

Should France, Spain, Portugal, or any other nation, most precious privileges in their trade, as the price of some particular favour in ours, no bargain could be made unless they would agree not only to let the same favor be extended to Great Britain, but extended gratuitously. They could not for the time themselves without at same purchase purchasing In this point of view, the 15 th article may be for their rival. considered as a direct bar to our treating with other nations, and particularly with the French Republic. Much has been said of a suspected backwardness to improve our commercial arrangements with France, and a predilection for arrangements with Great Britain, who had less to give, as well as less incliat
all.

offer the

nation to give what she had.

It

was hardly imagined that we

were so soon to grant every thing to Great Britain for nothing in return; and to make it a part of this bad bargain with her, that we should not be able to make a good one with any other nation. 3. The spirit in which every point of the law of nations is regulated. It is the interest of the United States to
enlarge the rights of neutral nations. of humanity that this should be done.
this policy has prevailed.

It is the general interest

In

all

our other Treaties

of the

modern

policy has pervaded most Treaties of other nations. Great Britain herself
it

The same

has been forced into

in several of her Treaties.

In the Treaty

of Jay, every principle of liberality, every consideration of interest, has been sacrificed to the arbitrary maxims which govern
the policy of Great Britain. Nay, a new principle has been created, in the face of former complaints of our Executive, as

well as against the fundamental rights of nations and duties of humanity, for the purpose of aiding the horrible scheme of starv-

ing a whole people out of their liberties. I. Even waiving the merits of the respective complaints and VOL. II. 4

50

WORKS OF MADISON.

1795.

pretensions of the two parties, as to the inexecution of the Treaty of peace, the waiver implies that the two parties were
to be viewed either as equally culpable or equally blameless; and that the execution of the Treaty of peace equally by both

ought now to be provided for. Yet, whilst the United States are to comply in the most ample manner with the article unful-

by them, and to make compensation for whatever losses have accrued from the delay, Great Britain is released almay one of the articles unfulfilled by her, and is not from together to make the smallest compensation for the damages which have
filled

accrued from her delay to execute the other. The inequality of these terms is still further increased by concessions on the part of the United States, which, besides adding
to the Constitutional difficulties unnecessarily scattered through the Treaty, may, in a great measure, defeat the good conse-

quences of a surrender of the Western posts. The British settlers and traders, within an undefined Tract of Country, are allowed to retain both their lands and their
allegiance at the same time; and, consequently, to keep up a foreign and unfriendly influence over the Indians within the limits of the United States.

The Indians within

their trade with the British

those limits are encouraged to continue by the permission to bring their

goods duty free from Canada, where the goods, being charged with no such impost as is payable on the goods of the United States, will be offered for sale with that tempting preference;
a regulation but too likely, also, to cloak the frauds of smuggling traders in a country favorable to them. The reciprocity
in this case is ostensible only, and fallacious. Under another ostensible and fallacious reciprocity, the ad-

vantage secured to the United States, in the fur trade, by their

possession of the carrying places, is abandoned to the superiority of British capital, and the inferiority of the Canada duties

on imports.

part only of the Ports, harbours, and bays, of a single

is

British Province,

made

free to the

United States, in consid-

eration of a freedom of all the ports, harbors, and bays, of the

1795.

LETTERS.
The goods and merchandize of

51
the Uni-

whole United States.

ted States, not entirely prohibited by Canada, (but which, in fact, are always entirely prohibited, when partial and tempo-

rary admissions are not dictated by necessity,) there, in consideration of a free admission of

may be
all

carried

goods and merchandize from Canada, not entirely prohibited by the U. States, (where, in fact, there never is this entire prohibition.)

like stipulation, liable to the like observations, is extended to the exports of the United States and the Province of Canada.

These are further instances of a nominal and delusive

procity. In the case of the Mississippi, there
is

reci-

not even an ostensible

The ports and places on its Eastern or nominal reciprocity. side are to be equally free to both the parties; although the
itself supposes that the course of the Northern Boundary of the United States will throw the British beyond the very

Treaty

source of that river.

This item of the Treaty

is

the

more

to

be

noticed, as a repetition and extension of the stipulated privileges of Great Britain on the Mississippi will probably be con-

strued into a partiality in the United States to the interests and views of that nation on the American Continent, not likely to
conciliate those from whom an amicable adjustment of the navigation of the Mississippi is to be expected; and were no doubt intended by Great Britain as a snare to our good understanding with the nations most jealous of her encroachments and her ag-

grandizement.

Without remarking on the explicit provision for redressing past spoliations and vexations, no sufficient precautions are taken against them in future; on the contrary, By omitting to provide for the respect due to sea letters, passports, and certificates, and for other customary safeguards to neutral vessels, "a general search-warrant, (in the strong but
II.

just language of our fellow-citizens of Charlestown,) is granted against the American navigation." Examples of such provisions were to be found in our other Treaties, as well as in the Treaties

of other nations.

And

it is

matter of just surprise that they

should have no place in a Treaty with Great Britain, whose

52

WORKS OF MADISON.

1795.

conduct on the seas so particularly suggested and enforced every guard to our rights that could reasonably be insisted on.
omitting to provide against the arbitrary seizure and impressment of American seamen, that valuable class of Citizens remains exposed to all the outrages, and our commerce to all

By

the interruptions, hitherto suffered from that cause. By expressly admitting that provisions are to be held contra-

than when bound to an invested place, and impliedly admitting that such cases exist at present, no't only a retrospective sanction may be given to proceedings against

band

in cases other

which indemnification is claimed, but an apparent license is granted to fresh and more rapacious depredations on our lawAnd facts seem to shew that such is to be the ful commerce.
fruit of the impolitic concession.
It is conceived that the pretext set up by Great Britain, of besieging and starving whole nations, and the doctrine grounded thereon, of a right to inter-

cept the customary trade of neutral nations in articles not contraband, ought never to have been admitted into a Treaty of
1. It is a general outrage on huthe United States; because and an attack on the useful intercourse of nations. 2. manity,

was denied by the Executive in the Mr. Hammond, the British Minister, and demands of compensation founded on that denial are now dependIt appears that the doctrine

discussions with

ing.

3.

As

provisions constitute not less than

of our

exports, and as Great Britain is nearly half her time at war, an admission of the doctrine sacrifices a correspondent propor4. After a public denial of tion of the value of our commerce. to admit in the midst the doctrine, of the present war. by a it, formal Treaty, would have but too much of the effect, as well as

the appearance, of voluntarily concurring in the scheme of distressing a nation in friendship with this Country, and whose relations to
it, as well as the struggles for freedom in which they are engaged, give them a title to every good office not strictly forbidden by the duties of neutrality. 5. It is no plea for the

measure to hold

it up as an alternative to the disgrace of being involuntarily treated in the same manner, without a faculty to redress ourselves; the disgrace of being plundered with impu-

1795.

LETTERS.

53

nity against our consent being, under no circumstances, greater than the disgrace of consenting to be plundered with impunity
;

especially as the calamity in the former case happen in another war; whereas, in the latter case,

more

might not it is bound upon us for as much of twelve years as there may be of war
within that period.

By annexing

to the implements of war,

enumerated as contra-

band, the articles of ship-timber, tar, or rosin, copper in sheets, sails, hemp, and cordage, our neutral rights and national inter-

These articles were excluded ests are still further narrowed. by the United States from the contraband list when they were themselves in a state of war.* Their other Treaties expressly declare them not to be contraband. British Treaties have done the same. Nor, as is believed, do the Treaties of any nation in Europe, producing these articles for exportation, allow them to be subjects of confiscation. The stipulation was the less to be admitted, as the reciprocity assumed by it is a mere cover for the violation of that principle; most of the articles in question being among the exports of the United States, whilst all of them are among the imports of G. Britain. By expressly stipulating with Great Britain against the free-

dom

of enemy's property in neutral bottoms, the progress to-

wards a compleat and formal establishment of a principle in the law of nations so favorable to the general interest and security of commerce receives all the check the United States could give to it. Reason and experience have long taught the propriety of considering free ships as giving freedom to their carThe several great maritime nations of Europe have not goes.

only established it at different times by their Treaties with each other, but on a solemn occasion [the armed neutrality]
jointly declared it to be the law of nations by a specific compact, of which the United States entered their entire appro-

bation.

Great Britain alone dissented.

But she

herself, in

variety of prior Treaties, and in a Treaty with France since, [1786,] has acceded to the principle. Under these circumstances,
*

See Ordinance regulating captures in 178

54

WORKS OF MADISON.

1795.

the United States, of all nations, ought to be the last to unite effort on this subject, as being more than any in a

retrograde other interested in extending and establishing the commercial Their situation particularly fits them rights of neutral nations. the for to be carriers great nations of Europe during their wars.

And

both their situation and the genius of their Government and people promise them a greater share of peace and neutralother nation. The relation of ity than can be expected by any the United States by Treaty on this point to the enemies of

Great Britain was another reason for avoiding the stipulation. Whilst British goods in American vessels are protected against French and Dutch capture, it was enough to leave French and Dutch goods in American vessels to the ordinary course of Judicial determinations, without a voluntary, a positive, and an invidious provision for condemning them. It has not been overlooked, that a clause in the Treaty proposes to renew, at some future period, the discussion of the principle it now settles; but
the question is then to be, not only in what, but whether in any cases, neutral vessels shall protect enemy's property; and it is to be discussed at the same time, not whether in any, but in

what

cases, provisions

and other

articles,

places,

may

be treated as contraband.

not bound to invested So that when the prinitself is to

ciple is in favor of the

United States, the principle

be the subject of discussion; when the principle is in favor of Great Britain, the application of it only is to be the subject of
discussion.
III.

Whenever the law of nations comes

into question, the re-

sult of the

Treaty accommodates Great Britain in relation to one or both of the Republics at war with her, as well as in diminution of the rights and interests of the United States.
Thus, American vessels bound to Great Britain are protected by sea papers against French or Dutch searches; bound to

France or Holland, are

British property in

left

exposed to British searches, with-

out regard to such papers.

or Dutch confiscation.
vessels
is

American vessels is not subject to French French or Dutch property in American

subjected to British confiscation.

1795.

LETTERS.
in

55

American provisions

American

vessels,

bound

to the ene-

mies of Great Britain, are left by Treaty to the seizure and use of Great Britain; provisions, whether American or not, in

American
Britain.

vessels,

cannot be touched by the enemies of Great

sheets, sails,

Timber for ship-building, tar, or rosin, copper in hemp, and cordage, bound to the enemies of Great

Britain, for

the equipment of vessels of trade only, are contraband; bound to Great Britain for the equipment of vessels of war, are not

contraband.

American citizens, entering, as volunteers, the service of France or Holland against Great Britain, are to be punished. American volunteers joining the arms of Great Britain against France or Holland are not punishable. British ships of war and privateers, with their prizes made on citizens of Holland, may freely enter and depart the ports of the United States. Dutch ships of war and privateers, with their prizes made on subjects of Great Britain, are to receive no shelter or refuge in the ports of the United States. And this advantage in war is given to Great Britain, not by a Treaty prior, and having no relation, to an existing war, but by a Treaty made in the midst of war, and prohibiting a like article of Treaty with Holland for equalizing the advantage. The article prohibiting confiscations and sequestrations is unequal between the United States and Great Britain. American Citizens have little, if any, interest in public or Bank stock, or in private debts within G. Britain. British subjects have a great interest in all within the United States. Vessels and merchandize belonging to individuals, governed by the same "confidence in each other, and in regard to their respective Governments for their municipal laws, and for the laws of nations allowed to be part thereof as consecrates private debts,"

are not exempted from such proceedings. So that, where much would be in the power of the United States, and little in the

power of Great Britain, the power is interdicted. Where more is in the power of Great Britain than of the United States, the power is left unconfined. Another remark is applicable. When

56

WORKS OF MADISON.

1795.

the modern usage of nations is in favor of Great Britain, the modern usage is the rule of the Treaty. When the modern was in favor of the United States, the modern usage was

usage

rejected as a rule for the Treaty. IY. The footing on which the Treaty places the subject of

Commerce is liable to insuperable objections. 1. The nature of our exports and imports, compared with
those of other Countries, and particularly of Great Britain, has

been thought by the Legislature of the United States to justify certain differences in the tonnage and other duties in favor of American bottoms; and the advantage possessed by Great Britain in her superior capital

was thought at the same time to resuch countervailing encouragements. Experience has quire shewn the solidity of both these considerations. The American

navigation has, in a degree, been protected against the advantage on the side of British capital, and has increased in proportion; whilst the nature of our exports, being generally necesmaterials, and of our imports, consisting mostly of British manufactures, has restrained Great Britain from any
saries or

raw

attempt to counteract the protecting duties afforded to our navShould the Treaty go into effect, this protection is igation. relinquished; Congress are prohibited from substituting any

and the British capital, having no longer the present inducement to make use of American bottoms, may be expected, through wJiatever hands operating, to give the preference to Britother;
ish bottoms.

the Treaty which relate to the West the nature of our exports and- imports gives a where Indies, our to just pretensions, instead of alleviacommanding energy are a detail of peculiar humiliations and the general evil, ting Nor is a remedy by any means to be found in the sacrifices.
2.

The provisions of

proposed suspension of that part of the Treaty.

On

the con-

trary, If Great Britain should accede to the proposition,

and the

Treaty be finally established without the twelfth article, she will, in that event, be able to exclude American bottoms altogether from that channel of intercourse, and to regulate the

1795.

LETTERS.
in the

57

whole trade with the West Indies

manner hitherto com-

plained of; whilst, by another article of the Treaty, the United States are compleatly dispossessed of the right and the means hitherto enjoyed of counteracting the monopoly, unless they

submit to a universal infraction of their trade, not excepting [that?] with nations whose regulations may be reciprocal and
satisfactory.
3. The Treaty, not content with these injuries to the United States in their commerce with Great Britain, provides, in the article, against the improvement or preservation of their

XV

commerce with other nations, by any beneficial Treaties that may be attainable. The general rule of the United States in their Treaties, founded on the example of other nations, has been, that where a nation is to have the privileges that may be granted to the most favored nations, it should be admitted gratuitously to such privileges only as are gratuitously granted; but should pay for privileges not gratuitously granted the com-

pensations paid for them. This prudent and equitable qualification of the footing of the most favored nation was particularly
requisite in a Treaty with Great Britain,

whose commercial

system, being matured and settled, is not likely to be materially varied by grants of new privileges that might result to the United States. It was particularly requisite at the present
juncture, also,

when an advantageous revision of the Treaty with France is said to be favored by that Republic, when a. Treaty with Spain is actually in negociation, and Treaties with
other nations whose commerce
is important to the United States cannot be out of contemplation. The proposed Treaty, nevertheless, puts Great Britain in all respects, gratuitously, on the

footing of the most favored nation; even as to future privileges, So for which the most valuable considerations may be given.
that
it is

not only out of the power of the United States to

grant any peculiar privilege to any other nation, as an equivalent for peculiar advantages in commerce or navigation to be granted to the United States; but every nation desiring to treat

on

this subject

with the United States

is

reduced to the

alter-

native, either of declining the Treaty altogether, or of including

58

WORKS OF MADISON.

1795.

Great Britain, gratuitously, in all the privileges it purchases for An article of this import is the greatest obstacle, next itself. to an absolute prohibition, that could have been thrown in the meant by way of other Treaties; and that it was insidiously Great Britain to be such is rendered the less doubtful by the
other kindred features visible in the Treaty. It can be no apology for these commercial disadvantages that
better terms could not be obtained at the crisis

when

the Treaty

was

settled.

If proper terms could not be obtained at that

time, commercial stipulations,

which were no wise essentially

connected with the objects of the Envoyship, ought to have waited for a more favorable season. Nor is a better apology The chief of them were to be drawn from our other Treaties.
the auxiliaries or the guaranties of our independence, and would have been an equivalent for greater commercial concessions than were insisted on. [Under other circumstances, there is no ground to suppose that the same treaties, tho' more favorable in several material articles than the Treaty in question, would have been embraced by the United States.] V. A Treaty thus unequal in its conditions, thus derogatory to our national rights, thus insidious in some of its objects, and

thus alarming in its operation to the dearest interests of the United States in their. commerce and navigation, is, in its present form, unworthy the voluntary acceptance of an Independent people, and is not dictated to them by the circumstances in
lieved that such a Treaty

which Providence has kindly placed them. It is sincerely bewould not have been listened to at any former period when Great Britain was most at her ease, and the United States without the respectability they now enjoy. To pretend that, however injurious the Treaty may be, it ought to be submitted to in order to avoid the hostile resentment of Great Britain, which would evidently be as impolitic as it would be unjust on her part, is an artifice too contemptible to answer
its

It will not easily be supposed that a refusal to with our part rights without an equivalent will be made the of war on us; much less that such a pretext will be a pretext founded on our refusal to mingle a sacrifice of our commerce

purpose.

1795.

LETTERS.

59

and navigation with an adjustment of political differences. Nor any evidence to be found, either in History or Human nature, that nations are to be bribed out of a spirit of encroachment and aggressions by humiliations which nourish their pride, or by concessions which extend their resources and power. To do justice to all nations; to seek it from them by peaceable means in preference to war; and to confide in this policy
is

for avoiding that extremity, or securing the blessing of

Heaven

when

the only course of which the United never have can reason to repent. States

forced upon us,

is

TO THOMAS JEFFERSON.
August
24, 1795.

DEAR SIR, I hear nothing of Monroe but through the Newspapers containing his correspondence with Pickering. As that appears to have been closed on the 31st of last month, I am in
hourly expectation of seeing him. I am also without any late information with respect to the progress of the Committee on Blount's and Liston's conspiracy. Dawson wrote me some time

were going on well, and that he had wellwhich he could not communicate by letter, to reasons, grounded that should bring in some large fish." It is much to they say
ago, "that they

be wished none of

this description may escape, though to be feared that they will be most likely to da so. Mrs. Madison offers her respects to the ladies, and joins in

inclination to visit Monticello; but I am so completely plunged into necessary occupations of several kinds, that I can-

my

not positively decide that

we

shall

have the pleasure.

Yours

affectionately.

60

WORKS OF MADISON.
TO THOMAS JEFFERSON.
ORANGE, October

1795.

18, 1795.

DEAR
which
it

On opening the letter forwarded by Pickering, SIR, I omitted at Monticello, because I took for granted that

merely covered, like yours, a copy of the French Constitution; I found a letter from Monroe, of the 30 June, from which the following is an extract: "You will be surprised to hear that the only Americans whom I found here were a set of New Eng-

land

men connected with

to this
is

Britain,

and who, upon British

capital,

were trading
revolution

what

country; that they are hostile to the French you well know; but that they should be

thriving upon the credit which the efforts of others in other quarters gain the American name here, you could not expect; that, as such, they should be in possession of the little confidence

we

had, and give a tone to characters on our side of the AtlanBut such was the fact. With, tic, was still less to be expected.

a few exceptions, the other merchants are new-made Citizens, * * * * * from Scotland. virtue of be-

Swan,

by

ing the agent of France, and as we had no Minister, and he being (though of the latter description) the only or most creditable resident American here, had a monopoly of the trade of both Countries. Indeed, it is believed that he was connected with

the agents on one side, and the Minister on the other. I mention this as a trait worthy your attention. You will confide

view to Mr. Jefferson only. But good may come from it, and especially if the allurement here will draw them off from
this

the other side of the channel."

little

The remainder of the more than you have probably seen from him.

letter is

have seen Philadelphia papers down to the 12th instant. of them contains another letter from Edmund Randolph to the President, dated the 8th, and sent to the press on the 10^,
I

One

applying for a paper refused him by Pickering, intimating that the want of this alone delayed his final statement, and

notifying the President that his consent would be expected to a publicaIt appears that the State elections in tion of it. Pennsylvania
will be very

warm, and are hinged on the

distinction of Treaty

1795.

LETTERS.

61

and anti-Treaty candidates. In Delaware, they are over, and have given a triumph to the Anti-Treaty party. The French Constitution has been unanimously concluded by the Convention.

It is

not yet authenticated that war has taken place beit.

tween England and Spain, but reports and circumstances continue to point at

Yours

affectionately.

TO THOMAS JEFFERSON.
FREDEUICKSBURG,

NoV

8th, 1795.

DEAR
shall

SIR,

am

proceed on

my way to Philadelphia, the journey this morning. I left with

thus far on

and

my

Father, subject to your order, the packet of papers promised you. In case of his absence, the overseer will be charged with

Should you send a special messenger, it will be well to provide against much roughness in the carriage, as the papers are in a state not unsusceptible of being injured by it. I hear nothing new at this place, except that Wheat is falling in Philadelphia, and consequently so here. Two reasons are assigned: the bad quality of the crop, and the English harvest
them.
turning out better than was expected. The last cause is no doubt exaggerated, if not forged, but rather in England than
here, for the papers are full of such paragraphs copied

from

English papers or English

letters.
is

Mr. Randolph's publication not yet made its appearance.

is

said to be in the press, but has In the mean time, Reports continue to circulate to his disadvantage; and I find that malice

busy in attempts to implicate others with his affair. I hope you will not forget to draw on our friend in N. Carolina for
his political anecdotes, &c.

He will,

at least, in

answer to your

queries, give you a history of the particular points comprehended in your review. What passed in relation to the seat of

Government,

know

has been entered in his Diary.

Yours

truly,

62

WORKS OP MADISON.
TO THOMAS JEFFEESON.
r PHILADELPHIA, Dec

1795.

6,

1795.

DEAR SIB, The inclosed letter, with a pamphlet under the same cover, came to me a few days ago from the post office, with a charge of a dollar postage. I have delayed to forward it till
The pamphlet I will send further expence could be avoided. I have first the your favor of the 26th good opportunity. by
ult.,

at

Richmond.

corroborating the view I had before received of matters There is likely to be a quorum of both Houses

of Congress to-morrow. Muhlenberg and Dayton will probably be the candidates for the Chair in the House of Representatives.
I can say nothing yet of the complexion of the body,

more than

has been

known from

to the Cabinet, I

am

general accounts long ago. With respect without the least information. It does

not appear that any final step has been taken for filling the vacant Departments. The offer of the Secretaryship of State to
P. Henry is a circumstance which I should not have believed, without the most unquestionable testimony. Col. Coles tells me Mr. Henry read the letter to him on that subject. It appears that there have been some agitations in Paris, produced by the decree of two-thirds tacked to the Constitution; but as the Jacobins united with the Convention in crushing them, the
crisis

was probably the expiring struggle of the counter-revo-

lutionists.

that

it

From the nature of the Decree, it is not wonderful should not have been swallowed without some resistence.

Randolph's pamphlet is not yet out. I am told it will appear in a few days. As soon as I can send you a copy you shall have
one.

Yours

affectionately.

1795.

LETTERS.
TO THOMAS JEFFERSON.
PHILADELPHIA, Dec r 13, 1795.

63

DEAR
to

SIR,

I received yesterday your favor, covering a letter

Mons r Liancourt, which I have put into the hands of NoailI inclose a copy of les, who will attend to the delivery of it. The Senate have answered it, as was the President's Speech.
to

be expected.

You

will see the first fruits of their open doors

The answer of the House of Repin the debates it produced. It has been delayed resentatives will be reported to-morrow.
by a disagreement of ideas in the Committee, which consisted of Sedgwick, Sitgreaves, and myself. The two former are strongly for the Treaty, and wish to favor it, at the same time
that they are afraid to hazard direct expressions to that effect. The policy of that party is to obtain it a quiet passage through

the present session, pretending that it is too soon now to meddle with it, as they will hereafter pretend that it is then too late. The means employed are to blazon the public prosperity,
to confound the

Treaty with the President, and to mouth over the stale topics of war and confusion. The answer, as it stands to be reported, contains a clause which will put the House of
Representatives in a dilemma similar to that forced on the House of Delegates, and I believe will never be swallowed, because it is in part notoriously untrue. It affirms the confidence
of his fellow-citizens to be undiminished, which will be denied by many who sincerely wish it to be the case. It cannot yet be

determined what course the business will take.

It

seems most

probable at present that the answer will be neutralized, and the subject immediately after taken up in a committee of the

whole on the state of the Union; which will have the advantage of disentangling it from the President, and of accommodating the wishes of some individuals who will be much influenced by the mode. There is pretty certainly a great majority against the Treaty on its merits; but besides the ordinary difficulty of
preventing schisms, there is a real obscurity in the constitutional part of the question, and a diversity of sincere opinions about
it,

which the other side will make the most

of.

Nothing very

g
late

WORKS OF MADISON.

1795.

from abroad. The provision order has been repealed, but the spoliations go on. The publication of E. R. is not yet out. It is said it will appear the latter end of this week.
Flour 14 dollars, and it is thought will rise to 16. The purchases of British agents for the W. India armaments are, no doubt, one of the causes of this extraordinary rise.

TO JAMES MONROE.
PHILADELPHIA, Decr 20, 1795.

your favors come to hand bears date has also been received. The Sept' 8, 1795, of which a duplicate others which it may be proper to acknowledge or reacknowl-

DEAR

SIR,

The

last of

r at Halifax, and edge are of Nov 30th, 1794, which was opened forwarded to me in that state; Dec' 18, 1794, covering a copy 7 of one of the same date to Mr. Randolph; Feb 18, 1795, cover7 7 ing a copy of one of Feb 12 to the same; Feb 25, covering a

duplicate of Ditto; June 13, inclosing a copy of a letter of May June 3, 28, 30, July 26, covering the cor4, from Mr. Short;

respondence with Jay; and Aug* 15. As I cannot now give minute answers to each of these letters, and the necessity of

them as to most has been superseded, I shall proceed to the object most immediately interesting to you, to wit, the posture of things here resulting from the embassy of Mr. Jay. The Treaty concluded by him did not arrive till a few days after the 3d of March, which put an end to the last session of Congress. According to previous notification to the Senators, that branch assembled on the 28th of June, the contents of the Treaty being in the mean time impenetrably concealed. I understood it was even withheld from the Secretaries at War and the Treasury, that is, Pickering and Wolcott. The Senate, after a few weeks consultation, ratified the Treaty, as you have seen. The injunction of secrecy was then dissolved by a full House, and quickly after restored, sub modo, in a thin one. Mr. Mason, disregarding the latter vote, sent the Treaty to the press, from whence it flew with an electric velocity to every part of the Union. The

1795.

LETTERS.

65

first

Even

impression was universally and simultaneously against it. the mercantile body, with the exception of Foreigners

and demi-Americans, joined in the general condemnation. Addresses to the President against his ratification swarmed from all quarters, and without a possibility of preconcert, or party
influence.

In short,

it

appeared for a while that the latent

party in favor of the

the Nation.

Treaty were struck dumb by the voice of At length, however, doubts began to be thrown out in New York whether the Treaty was as bad as was repreThe Chamber of Commerce proceeded to an address sented. the to President, in which they hinted at war as the tendency of

rejecting the Treaty, but rested the decision with the constituted The Boston Chamber of Commerce followed the authorities.

example, as did a few inland villages.

this subject I refer to the Gazettes,

For
I

all the details

which

on presume you conIt appears that

tinue to receive from the

Department of State.

the struggle in the public mind was anxiously contemplated by the President, who had bound himself, first, not to disclose the

Treaty till it should be submitted to the Senate, and, in the next place, not to refuse his sanction if it should receive that of the
Senate.

On

the receipt here, however, of the predatory orders

renewed by Great Britain, the President, as we gather from Mr. Randolph's pamphlet, was advised not to ratify the Treaty unless they should be revoked, and adhered to this resolution,
from the adjournment of the Senate, about the last of June, till the middle of August. At the latter epoch Mr. Fauchet's intercepted letter became known to him, and as no other circumstance on which a conjecture can be founded has been hinted to the public, his change of opinion has been referred to some
impression made by that letter, or by comments upon it; although it cannot easily be explained how the merits of the Treaty, or the demerits of the provision order, could be affected by the

was known that the President had yielded his ratification, the British party were reinforced by those who bowed to the name of constituted authority, and those who are implicitly devoted to the President. The prinone or the other.
as
it

As soon

cipal

Merchants of Philadelphia, with others, amounting to

II.

VOL.

66

WORKS OF MADISON.

1795.

about four hundred, took the lead in an address of approbation. There is good reason to believe that many subscriptions were
obtained by the Banks, whose directors solicited them, and by In Baltimore, Charleston, the influence of British capitalists. and the other commercial towns, (except Philadelphia, New

York, and Boston,) no similar proceeding has been attainable. Acquiescence has been inculcated with the more success by exaggerated pictures of the public prosperity, an appeal to the popular feeling for the President, and the bugbear of war; still, however, there is little doubt that the real sentiment of the mass of the community is hostile to the Treaty. How far it may prove impregnable, must be left to events. A good deal will depend on the result of the session, and, more than ought, on external contingencies. You will see how the session opened in the President's Speech, and the answer to it. That you may judge the better on the subject, I add in the margin of the latter the clause expunged, as not true in itself, and as squinting too favorably at the Treaty. This is the only form in which It is pretty certain that the pulse of the House has been felt. a majority disapproves the Treaty, but it is not yet possible to
ascertain their ultimate object, as matters now lie. of the President was well adapted to his view.

The Speech The answer

was from a Committee, consisting of myself, Sedgwick, and Sitgreaves, in the first instance, with the addition of two other members on the recommitment. In the first committee, my two
colleagues were of the Treaty party; and, in the second, there was a willingness to say all that truth would permit. This explanation will assist you in comprehending the transaction. Since the answer, as passed, and was presented, nothing has been said or done in relation to the Treaty. It is much to be

feared that the majority against the Treaty will be broken to

Some will say it is pieces by lesser and collateral differences. too soon to take up the subject before it is officially presented in its finished form; others will then say it is too late. The opportunity of declaring the sense of the House in the answer to the speech was sacrificed to the opinion of some, from whom

more decision was expected than will be experienced towards

1795.

LETTERS.

67

an immediate consideration of the subject by itself. The truest policy seems to be, to take up the business as soon as a majority can be ascertained; but not to risk that event on a preliminary
question.

der enquiry.

What the real state of opinions may be, is now unThere is a I am not sanguine as to the result.

clear majority who disapprove the Treaty, but it will dwindle under the influence of causes well known to you; more especially as the States, instead of backing the wavering, are themselves rather giving way. Virginia has, indeed, set a firm example;

but Maryland, North Carolina, and New Hampshire, have counteracted it, and New York will soon follow with some strong proceedings on the same side.
I

am

glad to find by your letters that France, notwithstand-

magnanimous ing the late Treaty, continues to be friendly. conduct will conduce to her interest as well as ours. It must
ultimately baffle the insidious projects for bartering our honour and our Trade to British pride and British monopoly. The

Treaty is evidently meant to put Britain on a better footing than France, and prevent a further Treaty
fifteenth article of the

with the latter; since it secures to Britain, gratuitously, all privileges that may be granted to others for an equivalent, and of
course obliges France, at her sole expense, to include the interest of Britain in her future treaties with us.

should take
tion, and. in

But if the Treaty abominable part will be of short durathe mean time, something, perhaps, may be done, diseffect, this

concerting the mischief in some degree. You will observe a navigation act is always in our power. The article relating to
the Mississippi, being permanent, may be more embarrassing, yet possibly not without some antidote for its poison. I intended to go on in cypher, but the tediousness obliges me to

known

conclude the present letter, in order to seize a conveyance just to me. Mr. Randolph's pamphlet is just out. Mr. Taze-

well will send that and several other things collected for you by this conveyance. Pickering is Secretary of State; Charles
Lee, Attorney General; no Secretary at war. The Senate have negatived Rutledge as Chief Justice. Mr. Jones keeps you in-

formed of your private

affairs.

He

and Mr. Jefferson are well.

68
I

WORKS OF MADISON.

1795.

have just received your two favors of October 23 and 24, with the accompaniments, by Mr. Murray. The articles have probably not arrived in the same Ship, as Mr. Yard has no information from N. York thereon. Accept from Mrs. Madison and myself ten thousand thanks for your and Mrs. Monroe's goodness, which will, as generally
happens, probably draw more trouble upon you.

Mr. and Mrs.

Y.

well.

Your

friends at

New York

so, too.

TO ROBERT SIMMS, (OP

S.

C.)

PHILADELPHIA, December, 1795.

Your letter, under the same cover with a memorial to the House of Representatives, came duly to my hands through those of Major Butler, and the memorial was, according to your re-

As it has not been, quest, put into the hands of the Speaker. and is not meant to be, laid before the House, it may be proper
for
to give you this information, and to add that the part relating to an impeachment of the Senate, which is beyond the

me

Constitutional authorities of the

House of Representatives, was

thought to render it so palpably improper to be read by them, as to supersede the consideration of other parts of the memorial.
I cannot avoid expressing

my hope that

your recollection of the

services of the President, and your attachment to Republican Government, in which mildness to the involuntary errors, not
less

than gratitude for the successful exertions of public servants, is among its truest merits, will overbalance the regret which might otherwise attend your disappointment in this case.

With my acknowledgments for the favorable sentiments you have thought fit to express toward me, I remain, your obt, hble
serv.

1795.

LETTERS.
TO THOMAS JEFFERSON.

69

PHILADELPHIA, Decr 27, 1795.

Mr. Randolph's pamphlet is out, and will be forfirst opportunity. Although I have kept up an able to collect the impression it makes. not been I have enquiry, As it relates to the President, nothing seems to be said; and as it relates to parties in general, very little. By Fenno's and Webster's papers, it appears that an effort will be used to run down Mr. R., and, if necessary for the purpose, to call in the incidents to which his pecuniary embarrassments have exposed him. The Speech of the President will have shewn you the guarded and perplexing shape in which the Treaty was brought into view. The answer was the result of circumstances, which my communications to you explain in part. The silence of it as to the Treaty was an accommodation to the wishes of a few, who preferred taking it up by itself afterwards. These individuals have not shewn as much forwardness as was expected, and owing to that cause, and to the account of an exchange of ratifications and the momentary expectation of the Treaty, nothing The situation is truly perplexing. is yet done on the subject.
SIR,

DEAR

warded by the

are against

It is clear that a majority, if it. But as the

brought to the merits of the Treaty, Treaty is not regularly before the

House, and an application to the President brings him personally into the question, with some plausible objections to the
measure, there
is

great danger that enough will

fly off

to leave

the opponents of the Treaty in a minority. Enquiries are on foot to ascertain the true state of opinions and the probable

turn of votes; and

side,

if there be found a firm majority on the right an attempt will be made to get at the subject. There are The new Constitution accounts from Paris to the 5th of Nov r was taking an auspicious commencement. Monroe's letters to me of Oct. 23 and 24 give a favorable prospect on that side, as well as with regard to French affairs in general. He confirms the late naval advantages, and speaks of the check on the Rhine as a bagatelle. He knew only from Report the ratification of the Treaty by the President. His language breathes equal
.

70

WORKS OF MADISON.

1796.

He says that mortification and apprehension from the event. have yielded and we us nothing, England would have refused reason dictates. and he cannot but speak as
everything; nation threatened with famine at home, and depending on the forlorn hope of West India armaments, which our market only

can feed, was a nation to make rather than receive concessions. I am just told that 97 out of 98 of the Bermuda Judge's decrees our vessels are announced to be reversed in England.

against This is another proof of Monroe's opinion. The reversal in such a lump must have resulted not from principle, but from

condemnation proceeded from cupidity. policy, as the lumping have had no winter as yet. at 14 dollars at Flour present. I hope it will assist mild as October. as now is The weather

We

you against your rheumatism.

Adieu.

TO THOMAS JEFFERSON.
PHILADELPHIA. January 10, 1796.

The House of Representatives have been latterly Certain Traders and a pretty curious affair. with occupied others, of Detroit, entered into a contract with certain individSIR,

DEAR

uals of the United States, for obtaining the peninsula formed by Lakes Huron and Michigan, and containing 20 or 30 millions of acres of valuable land.

The

traders,

by means of

their

influence over the Indians, were to extinguish the Indian Title; and the other party, by means of their influence, and that of their connexions, with Congress, to extinguish the title of the

United States. The Country was to be divided into shares, of which the greater part was to be disposed of by the party who had to deal with Congress. The reason of this, obvious enough in itself, has been sufficiently established by proof. Ever since the session commenced, two of the partners deputed to work the project through Congress have been employed with great industry, opening themselves in different degrees different members, according to circumstances.

and forms, to

Some

of the

1796.

LETTERS.

71

members, who scented the criminality of the object, waited for a full disclosure. Others, through an eagerness of some sort or
other, ran with the tale^rs^ to the President, and then into the House of Representatives, without concerting or considering a

In consequence of the inforsingle step that ought to follow. mation to the President, and a representation to the District Judge of the United States, a warrant issued, and the offenders

were taken into custody by the Marshal. The House could not be prevailed on to take a single day to consider the subject, and a warrant issued from the Speaker, also, by virtue of which the Prisoners were transferred to the Sergeant-at-arms. For the proceedings which have ensued, I must refer you to the newspapers. They ended in the discharge of one of the men,
and him
sel,

in the

to Gaol,

reprimand of the other at the bar, and remanding where he now lies. In the arguments of the Coun-

and in the debates in the House, the want of jurisdiction in such a case over persons not members of the body was insisted There cannot on, but was overruled by a very great majority. be the least doubt, either of the turpitude of the charge, or the
guilt of the accused; but it will be difficult, I believe, to deduce the privilege from the Constitution, or to limit it in practice,

or even to find a precedent for it in the arbitrary claims of the What an engine may such a privBritish House of Commons. of a in the hands body once corrupted, for protectilege become,
ing
corruptions against public animadversion, under the of maintaining its dignity and preserving the necessary pretext confidence of the public! You will observe that a part of the
its

charge consisted of the slanderous assertion that a majority of the Senate, and nearly a majority of the other House, had embarked in the job for turning a public measure to their private

emolument. Apply the principle to other transactions, and the strictures which the press has made on them, and the extent of
its

mischief will be seen at once.

There

is

much room

to sus-

pect that more important characters, both on the British and American sides of this affair, were behind the ostensible parties
to
it.

The Treaty has not yet been touched.

I understand

from

72

WORKS OF MADISON.

1796.

Mr. Giles that the delay has been explained by him to you. A it was hoped copy of the British ratification arrived lately, and The Executive have followed. it of would a communication
decided otherwise; and to appease the restlessness of the House of Representatives, Pickering laid the papers before the Speaker, to satisfy him, and enable him to explain the matter to others
individually.

respect which a

This mode of proceeding does not augment the more direct and less reserved stile of conduct

papers were sufficiently authenany use the House of Representatives would be likely to make of them. It is now said that the original is arrived by a British Packet just announced from New York. Having been I of the have not ascerthe badness within doors day, by kept

would

inspire, especially as the

tic for

tained the truth of the account.

I

have

letters

from Col. Monroe of the 23 and 24 of Octr

affairs of

His picture of the

is

France, particularly of the prospect exhibited in the approaching establishment of the Constitution,

very favorable. This, as far as we know, has had an easy He had not learnt birth, and wears a promising countenance. with certainty the ratification of the Treaty by the President,
it. His regrets, and his apprewere as strong as might be expected. I have a letter hensions, from T. Paine, which breathes the same sentiments, and contains some keen observations on the administration of the Government here. It appears that the neglect to claim him as an American Citizen when confined by Robespierre, or even to interfere in any way whatever in his favor, has filled him with an

but wrote under the belief of

indelible rancour against the President, to whom it appears he has written on the subject. His letter to me is in the stile of a

dying one, and

his side,

we hear

that he

is

since dead, of the abscess in

brought on by his imprisonment. that he may be remembered to you.

I inclose a

His

letter desires

tion of the

copy of the proceedings relating to the presentaFrench flag. What think you of the President's

Jacobinical speech to Adet? Randolph's vindication has just undergone the lash of the Author of the "Bone to gnaw." It is handled with much satir-

1796.

LETTERS.
not without strictures of
sufficient ingenuity

73

ical scurrility,

and

plausibility to aid the plan of running him down. By Mr. Carr, who is now here, we will endeavor to contrive you a copy.

TO JAMES MONROE.
PHILADELPHIA, Jan* 26, 1796.

have had the pleasure of your SIR, my two favors of October 23 and 24. The business of the Treaty with Great Britain remains as it stood. A copy of the British
Since
last I

DEAR

ratification has arrived, but the Executive wait, it seems, for the
original, as alone proper for communication.

In the mean time,

although it is probable that the House, if brought to say yea or nay directly on the merits of the Treaty, will vote against it, yet a majority cannot be trusted on a question applying to the
President for the Treaty. In the mean time, also, information has arrived of the conclusion of a Treaty with Spain, with which No hint of the terms is the other will of course be combined.
yet given to the public, nor are they probably otherwise known That provision is to the Executive than by the instructions.

made

Its aspect on the for the Mississippi is to be presumed. in the British will be article Treaty particularly inMississippi

teresting.
situation,
it

Among
is

other attitudes given by this event to our highly probable that the Spanish Treaty will

comprise stipulations at once popular, and similar in principle to some attacked in the British Treaty. General Smith, of Baltimore, has offered to the House a resolution, that after the

in the

no vessel shall land day of United States any article not produced by the country to which the vessel belongs. It will embarrass the Eastern members, but they will venture to oppose it as tending to perplex the treaty question; and probably with success, if joined by the Southern members, as hitherto, from other motives. You will be pleased, and perhaps surprised, at the scene produced by the French flag. The harangue of the President must grate the British party, but they are cunning enough to be

74

WORKS OF MADISON.

1796.

silent. It seems that Adet, notwithstanding the complimentary and cordial language of the President and Representatives, is much disgusted at the deposit of the Flag elsewhere than in the

Hall of Congress. You can, perhaps, better appreciate the case than we can. Such a result, where other circumstances are so I send a copy of the proceeding. I propitious, is unfortunate.
also send a copy of the proceedings in the case of

Randal and

Whitney, which need no comment beyond your own reflections. I send, also, E. Randolph's vindication, with a malignant attack on it, by a satirical, but scurrilous writer. The latter has
published several other pamphlets, exhibiting him in the same character. Bond is among the putative authors. But the real

author

is,

probably, some hireling, to

is

Randolph supplied. The practice of the law with flattering prospects, as is said. effect of his pamphlet is not yet fully known. His greatest enemies will not easily persuade themselves that he was under a

resettled at

whom materials may be Richmond, and resumes the

corrupt influence of France, and his best friends cannot save him from the self-condemnation of his political career, as explained by himself. The Political observations is a fugitive thing of my own writing, at the heel of the last session, in pure
"

"

compliance with the urgency of certain friends.

press blunders, you will perceive. have accounts here that Mr. Paine is dead.

It is full of

We I spoke to Mr. Bache on the subject of the advance by you, to be repaid for Mr. Paine through my hands. He said only that he would call on me and shew me the papers, which he has not done. I inferred from his manner that there was a deficit of funds in his
hands, to be explained by him. I heard nothing from Mr. PickJust as I am making up ering on the other pecuniary subject. this packet, I have the pleasure of a letter for you from Mr.
tion for

Jones, which will no doubt give you all the requisite informawhich you rely on him.

Mrs. M. seconds all the acknowledgments due to you and Mrs. Monroe, as well as the affectionate esteem with which I ever
remain, yours.

1796.

LETTERS.

75

eral.

P. S. Chs. Lee has entered on the duties of Attorney GenNo Secretary at war yet nominated, nor any Judge in the place of J. Rutledge, and Mr. Blair, who has resigned. Mr.

Rutledge also sent his resignation, but the Senate had previously
rejected him.

TO THOMAS JEFFERSON.

SIR, original of the British ratification of the Treaty is still to arrive, and we are not likely to be furnished with a copy.

DEAR
The

*****

PHILADELPHIA, Jan* 31, 1796.

Some members are anxious to apply to the President for the communication, and some would take up the subject on its mere
notoriety.
It is pretty evident,

however, that either attempt

would be defeated by the advantage which the rub against the President in one case, and the informality in the other, would give to the friends of the Treaty, in the discussion, and the pretext they would afford to the insincere and cautious opponents. The Treaty with Spain, also, is not yet arrived, though there is reason for hourly expecting it. The same as to the Treaty with
Algiers.

You

will see in the Gazette inclosed a sketch of the

debate on the proposition to employ Roberton, of Petersburg, as Stenographer to the House of Representatives. The more
the subject
is

insuperable.
jected.

opened, the more the objections are found to be There is little doubt that the project will be re-

committee of ways and means are employed in investigaand our wants. It is found that there are between six and seven millions of anticipations due to the Banks, that our ordinary income is barely at par with our orditing our 'revenues

nary expenditures, and that new taxes must be ready to meet near one and a half millions, which will accrue in 1801. The
proposition of the Treasury is to fund the anticipation, and the foreign debt due in instalments, with an absolute irredeemability
for such a period, say 20 or 30 years, as will sell the

new stock

76
at par.

WORKS OF MADISON.
This
is

1796.

treading as fast on the heels of G. Britain as

circumstances will permit. It is probable the House will not consent to such an abandonment of the sound principle it has been latterly favouring; but loans, at least, in some form or
other, will be indispensable, in order to face the demands on With the public, until new taxes can be brought into action.

barrassment.

respect to this, the Committee are now in deliberation The excise system is unproductive, and
cises that will

and em-

new

ex-

occur.

On

be popular, even in the Eastern States, do not the other hand, direct taxes have been so blackened

in order to

inspire hatred

recommend the fiscal policy of indirect ones, and to and jealousies in the Eastern against the Southern States, and particularly Virginia, that it is doubtful whether the measure, now that it is become necessary, will be borne.
Gallatin

He

is

is a real treasure in this department of Legislation. sound in his principles, accurate in his calculations, and

indefatigable in his researches. Who could have supposed that Hamilton could have gone off in the triumph he assumed, with

such a condition of the finances behind him?

You

will see that

attack against the

Gov r Adams has launched a pretty bold Treaty. The Legislature have not yet an-

Their unhandsome treatment of the Viramendments ginia portends a counter tone. Nothing could, more than this treatment, demonstrate the success with which party calumny has sown animosity and malignity in the State of Massachusetts against a State which feels no return of illwill, and towards which there were formerly in that quarter the strongest habits of cordiality and co-operation. The navigation project of Gen Smith waits for a favorable moment of discussion. The Treaty party will make war on it, as secretly levelled at that transaction, and thus endeavour to
1

swered his speech.

escape the consequences of sacrificing the obvious interests of the Eastern States.

1796.

LETTERS.

77

TO

EDMUND PENDLETON.
PHILADELPHIA, Febr
7, 1796.

MY

DEAR

SIR,

Your

favor of January 6th, owing to failures

of the mail South of Baltimore, did not come to hand within the usual time; and subsequent delays in the communication, con-

and decision of Mr. Giles and myself, on the manner of publishing and applying your observations on the Carriage tax, have brought down the return of my thanks for your favor
sultation,

into the hands of

I read with real pleasure the paper you put Mr. Giles; which is unquestionably a most simple and lucid view of the subject, and well deserving the attention of the Court which is to determine on it. The paper

to the present date.

will be printed in the Newspapers, in time for the Judges to have the benefit of it. I did not find that it needed any of those It corrections which you so liberally committed to my hand. has been thought unnecessary to prefix you name; but Mr. Giles will let an intimation appear, along with the remarks, that they proceed from a quarter that claims attention to them. It is said that both the Judges and the Attorney General have expressed a wish that the question should be argued on both sides at the Bar; but as the ordinary motive does not operate on the side of the Defendant, it is not certain that any profesIt is, perhaps, betsional appearance for him will take place. ter that the cause should rest on the printed arguments, and on

the discernment of the Bench, than that

it

should be espoused

by junior and unskilful volunteers. There never was a question on which my mind was more satisfied, and yet I have very little expectation that it will be viewed by the Court in the same light it is by me.*
British Treaty in its final form, as ratified by both parhas not yet been laid before the House of Representatives. The delay is accounted for by the copy only, and not the origities,

The

The alterations in the Carriage tax, recommended reference to the Constitutional question.

by

the President, had no

78

WORKS OF MADISON.

1796.

nal, of the British ratification

I am having been received. advice to to forms. My sorry that so much weight is allowed the actual state the President would have been, to have opened

of the business in his speech, and to have communicated all the different opindocuments relating to it to the Legislature.

ion has prevailed, and nothing is more uncertain than the moment when the Treaty will be laid on the Table for our consideration.

In the mean time, there

is

the majority either to apply for on its general notoriety; and the
tizans, in

it,

or to take

no apparent disposition in it up informally,

everysuccess,

name of the President is

where used with the most wonderful

by the Treaty par-

subduing the popular objections to that instrument.

No where has this policy been exerted with so much effect as in New England, as is shewn by the proceedings of the LegislaThe manner in tures of New Hampshire and Massachusetts.
proposed amendments of Virginia, is as unworthy on the part of Massachusetts as it is unmerited on that of her sister. It speaks an influence which can-

which the

latter has treated the

not be friendly to either. The Treaty with Spain

is not yet arrived, nor is that with Algiers. The contents of both are unknown. There can be little doubt that the former contains some beneficial arrangements on

the subject of the Mississippi.

affairs

The countenance of English

Among other signs truly alarming to that Country, the Parliament are allowing a bounty, amounting to 2s. 6d Sterling a bushel, on the importation of foreign wheat. The accounts from France, subsequent to the establishment of the Constitution, are favorable to inter-

grows more and more lowering.

nal order and tranquillity, and, of course, to her prospects on

every side. Since the knowledge of the English Bounty, Flour has taken a fresh start. It is now at about 14 dollars, and a further rise
is

expected. For other domestic intelligence I must refer to the newspapers, which I presume you occasionally see, and one of which is inclosed.
I

beg you to

offer

my best

respects to Colonel Taylor, and to

1796.

LETTERS.
With

79

accept the same yourself.

the truest esteem and attachserv*.

ment, I am, dear

sir,

your obt friend and

TO THOMAS JEFFERSON.
PHILADELPHIA, FebJ
7, 1796.

DEAR SIR,

nothing more Southern than Baltimore.

Several mails preceding that of yesterday brought This will account for

my

will

not receiving your favor of the 24th ult. till yesterday. I make the enquiries and execute the commissions in it with

I am afraid to make the same pleasure, and without delay. to the as weekly history of what passes in the Governpromise ment behind the curtain; especially as the cypher might be reit. What I can, I will do on the suba made have already partial collection of the Tracts ject. meant I not what is wish. know by the correspondence of you it is the and Jefferson; probably correspondence not beJay tween them, but between each and others. I thank you for the copy of your statement and letter to Mr.

quired for some parts of

I

Wythe.

I value it not only as a gratification to myself, but as another security for the preservation of the document. Dohrman maintains a silence that justifies strong suspicions

of aversion or inability to pay his debts. I feel no longer any other restraints from resorting to his deed of trust but that

which Mazzei's interest

dictates.

As

yet, the

land would

sell

for considerably less than the sum due. price which is going on will probably soon

The general
remove

rise of

this difficulty,

especially if the Treaty with Spain should have done what is hoped as to the navigation of the Mississippi. You will see that the aspect of English affairs grows more

and more lowering. The alarm of the Seditious Bills, the bounty on foreign wheat andyfowr, the detention of the armament fitted up for the forlorn experiment in the West Indies, are more portentous than any thing previous to these signs of a ripening The accounts from France are not of very late date, crisis.

80

WORKS OF MADISON.

1796.

but continue to be auspicious. The Treaties with Algiers and It is to be hoped this did. Spain loiter, as that with England
is

the only instance in which the parallel holds. An idea begins to shew itself that an unrestrained exportation of the Bread articles threatens a scarcity in our own country.
will of course be the first seat of such

The large towns

an ap-

that the crops of grain in North Caroprehension. It is certain lina failed to such a degree as to start the price of corn at a
ginia, if

where it used to be at | of a dollar. In Virthe present price be the measure of the quantity, there will be little corn to spare, and probably not a great deal more of wheat. In this State, it is turning out more and more in evidollar a bushel,

dence that the crop of wheat has been very scanty. The Eastern States always require large importations from the others. In New Jersey and New York alone the crops of wheat appear
to

favorable side.

have been good; and that is probably exaggeration on the Flour at present, in this place, is rising under All in the market is the information of the English bounty.

said to be bought up, probably day or two ago, or rather there

barrel,

by English was offered

It sold a agents. for it, 14 dollars a

and the best informed speak with confidence of successive rises. In this attitude of things, what a noble stroke would It would probably do as much good as harm be an embargo at home, and would force peace on the rest of the World, and, But you know the spell within perhaps, liberty along with it. the Government, as well as the obstacles to such a measure, in the clamours that would be raised among the Merchants, the Millers, and Farmers, to say nothing of the Tories, &c., who would make more noise than any of them.
!

I intreat

you not

to procrastinate,
it to

much

less

abandon, your

historical task.

There
but,

is

some

yourself, to truth, to the world. reason to think that John Rutledge is not right

You owe

in his mind.

it is said,
! !

of Blair

Gushing has been put at the head of the Bench, Chase in the place c A vacancy remains to be filled. Henry, Secwill decline the pre-eminence.

retary at

War.

Through what

official interstice

can a ray of

republican truths

now

penetrate to the President ?

1796.

LETTERS.
TO THOMAS JEFFERSON.

81

SIR, I find, as I conjectured, that the provision made for the daughIt ters of De Grasse was not in the way of loan, but of gift.

DEAR

*******

PHILADELPHIA, Febr 21, 1796.

would be
favour of

difficult, perhaps, to justify the act in either way, by the text of the Constitution. The precedent, nevertheless, is in

de Chastellux's son. Whether his claim will be viewed with the same indulgence, on the score of his father's The services of merits, is more than I can venture to decide. De Grasse were critical. Chastellux, you recollect, was not a Confavorite here, tho' the cause may have been erroneous.
9

Mad

gress also were afraid of the precedent at the time, and endeavoured to interweave ingredients of peculiarity. I am really
9 apprehensive that a compliance with the wishes of Mad de Chastellux would entail on us a provision for the families of the whole French army that served in this Country. Congress

are occupied with a Bill for selling the Western lands.

Opin-

The British Treaty ions are various, and the result doubtful. not yet before us; nor the Spanish before the Senate, or even The Algerine is come to hand, and arrived, as far as I know.
under the deliberation of the Senate. The history of it contains some envious features, which it is not possible for me to explain
in time.

tribute
Tariff.

is

In general, it cost an immense sum, and the annual to be paid in naval stores, infinitely underrated in the
friendly interference of France, tho' applied for,

The
train,

and in

agent's precipitancy in closing the Treaty, for the hardness of which the apology is, that it was the best that could be got. The letter from Paris in the

was precluded by the

inclosed paper is Monroe's, and the latest in date that has been received from him. The Federal Court has not yet given judg-

payments into the Virginia Treasury. Marand Campbell were the counsel on one side, and Lewis and Tilghman on the other. Marshall's argument is briefly [?] spoken of. Campbell and Ingersoll will appear vs. the Carriage tax. Hamilton is here, and to join Lee on the other side.
in the case of
shall

ment

VOL.

II.

82

WORKS OF MADISON.
TO JAMES MONROE.

1796.

PHITADELPHIA, Feby 26, 1796.

DEAR
terly,

SIR,

I have written

and now

you several particular letters latadd this for a conveyance of which I am just apis still

prised.

The

British Treaty

in the situation explained in

my

Several circumstances have indicated an intention in the last. Executive to lay it before the House of Representatives, but it

has not yet taken place.

There

is

reason to believe that some

egregious misconception of tive of the original ratification.

is

has disappointed the ExecuStill, however, the Executive

not to be excused for sacrificing substance to form by withholding the subject; and as this idea must gain strength with the delay, a call for the Treaty will become daily more and

more practicable and probable. The Algerine and Spanish Treaties are both before the SenMr. Tazewell is to make them the subject of a letter to ate.
you by the present opportunity, he being fully acquainted with them. The former is stamped with folly, and the most culpable The latter gives general joy. I have not yet irregularities. ascertained whether it clashes with the British Treaty as to the
Mississippi, or is in

any point chargeable with the unconstituthat Pickering

tionality alleged against the British.

that Charles Lee

is Secretary of State, and General. The vacancy in the Attorney c Secretaryship of War has been filled with Doctor Henry. On the exclusion of John Rutledge, Gushing was made Chief

You

already

know
is

Justice, but has declined

Cliase is appointed to the

it,

and no successor

is

yet nominated.

vacancy produced by Mr. Blair's resThere is still a vacancy, resulting from Jay's transignation. lation to the Government of New York, to be filled. On these
several appointments you will make your are, to a man, of the Treaty party.
sent of the

own comments. They

The amendments proposed by Virginia for requiring the conHouse of Representatives to Treaties, limiting the
<fec.,

terms of Senators to three years,

have excited the most ac-

1796.

LETTERS.

83

venom against that State, and the success of the hue and cry has been greater than could have been imagined. The Legislatures of N. Hampshire, Massachusetts, Rhode Island, N. Jersey, Pennsylvania, and Delaware, have all rejected, and several of them insulted [?] the example.
tive party
It is

now

yond
as
is

his present term.

pretty certain that the President will not serve beThe British party had Jay first in view,
It is

believed.
is

now

said

Adams

is

ond man

not fixed on or discovered.

the object. Their secIt will probably be a

man who

will cause a diversion of Southern blows.

H. Lee
fittest

has been conjectured, but they will hardly think him the

for the purpose. The Republicans, knowing that Jefferson alone can be started with hope of success, mean to push him. I fear

much
tion

mar the project and ensure the adverse eleca by peremptory and public protest. The candidate for the Vice President is not yet designated. The immediate subjects before the House of Representatives
that he will
are: a bill for guarantying a loan

on a mortgage of the public

lots in the federal City, for compleating the preparations there in time, without selling the lots below their value. The bill

has been delayed by objections of various sorts, urged from various motives. As the President has recommended the measure, it is probable, though not certain, that it will be allowed to pass. 2. bill for selling the lands North West of the Ohio.

On

this, also,
3.

tain.

New

opinions are multifarious, and the issue not certaxes. Notwithstanding the parade with respect

to the

to our finances, there are 6,200,000 dollars of anticipations due Bank now called for, besides the foreign instalments, and

about 1,100,000 for the deferred debt, which will accrue by the
time plans laid
ductive.

now will become regularly and adequately proWolcott, in the spirit of his predecessor, proposes to

fund the anticipations, &c., by selling new stock irredeemable for 25 years; that is, the redemption is not to commence till the end of 25 years. The new revenues contemplated are an increase of the duty on salt, a stamp tax, a tax on testamentary tax dispositions, an increase of the tax on Carriages, &c. on leather and hats was also brought forward in a committee

g^

WORKS OF MADISON.

1796.

of ways and means, but will not be passed. Would you have as indirect taxes, had supposed that a land tax and House tax,
also a patronage?

The Constitutionality of the Carriage tax has been just argued here before the federal Court of Appeals; Ch" Lee and Hamilton on the side of the tax; Ingersoll, and Campbell, of RichLee did not distinguish himself, and took from that of his coadjutor. Hamilton exerted ground himself as usual. Ingersoll appeared to advantage, and Campbell, I am told, acquitted himself ably and very eloquently.
mond, against
it.

different

The Judges on
Chase.
the law

No
is

the Bench were Wilson, Patterson, Iredell, and decision has yet been given, but an affirmance of The payments into the Virgenerally anticipated.

Marshall ginia Treasury have also been argued at this term. and Campbell came hither for the purpose, in behalf of the debtors.
is

said to have figured very powerfully in his argument; is thought the event is at least doubtful.

They were combated by Lewis and Tilghman. Marshall and it

the

The birthday of

President has been celebrated with

greater splendour than ever. The crisis explains the policy. circumstance has taken place, however, more indicative in

its

nature than any display within the fashionable circle.

You

will recollect the usage of adjourning for half an hour to compliment the President on the anniversary of his birth. Last

year there were but thirteen dissentients; this year, the motion

was negatived by fifty against thirty-eight. been whispered that you are to be recalled, and Bingham to replace you. I entirely disbelieve it; but the whisper
to adjourn It has

marks the wishes of those who propagate it. Pickering will pay your draught on him. Bache has not yet received the second part of the Rights of Man, which he says is the only fund on which Mr. Paine could draw. Mrs. M. offers her best respects, along with mine, to Mrs. Monroe. Adieu. Yours sincerely.

1796.

LETTERS
this.

85

A letter from Mr. Jones accompanies months without intelligence from France.

We

are three

TO THOMAS JEFFERSON.
PHILADELPHIA, Feb* 29, 1796.

DEAR

SIR,

The Treaty with Spain arrived on Tuesday

last.

both the boundary and navigation in a very satisfactory manner. I have not yet been able to decide whether, on the latter point, it clashes or not with the British Treaty,
It adjusts

the article being differently represented by different members of the Senate. Nor am I able to say whether any of the article comes within the objections to the Constitutionality of the In what relates to contraband and other British Treaty. points in the law of nations, I understand it presents an honor-

The Algerine Treaty has able contrast to Jay's stipulations. some curious features. Among others, the sum of one million
paid for the ransom and the peace does not appear before the Senate as any part of the Treaty, but has been paid as a verbal part of the Contract, under the authority of the law of appropriation; so that the most material part of the Treaty has

been made by the President and the Legislature, without the

Treaty-agency of the Senate. The British Treaty, as finally ratified, has been republished in the newspapers from foreign
copies, but is still not laid before Congress.

President's birthday has been celebrated with unexampled splendor. The crisis explains the policy of this. It is remarkable, however, that the annual motion to adjourn for half

The

an hour to pay the compliment of the day was rejected this year by 50 vs. 38, altho' last year, on the yeas and nays, 13 only voted in the negative.

gg

WORKS OF MADISON.
TO THOMAS JEFFERSON.
PHILADELPHIA, March
6,

1796.

1796.

DEAR SIR, The Senate have unanimously ratified the Algerine and Spanish Treaties. The latter was a bitter pill to some,
for

two reasons: first, as inviting additional emigrations to the Western country; secondly, as jostling with the Mississippi arin the British Treaties.
"

ticle

The Spanish

article is in the

words following: It is likewise agreed that the Western bound" ary of the United States which separates them from the Span" ish colony of Louisiana is in the middle of the channel or bed " of the river Mississippi, from the northern boundary of the said
"

States to the completion of the 31

of latitude north of the

" "
"

Majesty has likewise agreed that the navigation of the said river, in its whole breadth, from its source to the ocean, shall be free only to his subjects and the
Equator.
his Catholic

And

"

"

Citizens of the United States, unless he should extend this privilege to the subjects of other powers by special Conven" tion." Doubts were expressed by King, in the Senate, whether

this could

G.

B.,

and the pulse of the body

be construed into a harmony with the stipulations to felt on the subject with a view

to a declaratory proviso to the ratification. It was concluded, not to risk the and to presume a construction however, project, that would avoid the inconsistency. It seems that Pinckney

considered the article as admitting a construction reconcileablc

with the British

article.

It is also said that

he was offered and

refused a proposition, expressing or implying our right to the navigation, but more directly clashing with the British Treaties.
3 Treaty before the House of Rep on Tuesday last, about one o'clock; and in the afternoon it apI am well-inpeared in a Proclamation in Brown's paper. formed that its publication was concerted with the Printer prior

The President

laid the

to its communication to the House.

fication

Whether an

original rati-

was received

as the

ground of

viewed

copy, heretofore not deemed in a more favorable light, I cannot undertake to say. I suspect the latter to be the case. Perhaps, also, the ratification

this proceeding, or the of sufficient formality, has been

1796.

LETTERS.

87

of the Spanish and Algerine Treaties, which contain some stipulations analogous to those complained of as unconstitutional in the British Treaty, may have had weight on the occasion. In
general, however, the Spanish Treaty forms rather a contrast to the British, being more than reciprocal in its essential articles, and on the subject of contraband, and the freedom of goods in free ships, being perfectly satisfactory. motion has been laid on the table by Mr. Livingston, calling on the President

The policy of hazarding it is for the instructions to Jay, &c. so questionable, that he will probably let it sleep or withdraw it. Notice of direct propositions on the Treaty will probably
be given to-morrow. The purport and form of them create much The diversity of ideas among the opponents of the Treaty. state of the business as it now presents itself, with the uncertainty of the particular way of thinking in several quarters of the House, make it truly difficult to decide on the course most

acceptable to the body of anti-treaty members. The other side, of course, have no difficulties of this sort to contend with.

The

bill for the sale

but slowly.

Its fate is

of the back lands makes progress, tho' very uncertain. The proposed aid to

the federal city will probably succeed in the event, under the patronage of the President, but, in the mean time, will no doubt

be played off in favour of the Treaty. The Court has not given judgment yet on the carriage tax. It is said the Judges will be unanimous for its constitutionality.

Hamilton and Lee advocated it at the Bar, against Campbell and Ingersoll. Bystanders speak highly of Campbell's argument, as well as of Ingersoll's. Lee did not shine; and the great effort of his coadjutor, as I learn, was to raise a fog around the subject, and to inculcate a respect in the Court for preceding
sanctions in a doubtful case.

We

Britain.

are three months without news from France, or even G. There is a report that one of the Sedition bills has

passed the House of Lords, and is not likely to pass the H. of Commons. There is a paragraph which says that Sweden and

Denmark have
here
is

prohibited the exportation of Grain.

8
,

Flour

about 15 doll

and wheat

20s.

gg

WORKS OF MADISON.
TO THOMAS JEFFERSON.
PHILADELPHIA, Mar.

1796.

13, 1796.

SIR, my last, by the last weekly mail, I have on the subject of the kitchen stoves. He Rittenhouse Mr. seen at Lancaster, where they were invented and are best says that known, two only remain in use. They certainly save fuel, but

DEAR

Since

are so

much complicated
and

in their operation as to require par-

ticular care,

are liable to the objection of

kitchen excessively hot. several modes of cookery, roasting, baking, &c., were carried on at the same time, it often happened that one of the modes

keeping the intimated that as Mrs. Rittenhouse

did not keep pace with the other.

supposed, from the quantity of Iron, that price. considerable.

He

Mr. R. could not learn the it must be

We are at length embarked

in the discussion of the Treaty,

which was drawn in rather abruptly, by a proposition calling on the President for papers. The point in debate is, the constitutional right of Congress in relation to Treaties. There seem at present strong reasons to conclude that a majority will be firm in the doctrine that the House has a Constitutional right to refuse to pass laws for executing a Treaty, and that the Treaty power is limited by the enumerated powers. Whether the right ought, in the present case, to be exerted, will be a distinct question on the merits of the Treaty, which have not yet come into discussion. I understand the Treaty party expect success on this question, but despair on every other. Nothing very late from Europe. The British armament is arriving in the West Indies, which looks like a postponement of peace. It will augment the call on this country for provisFlour is about 15 doll8 here at ions, and of course the price.
present.

1796.

LETTERS.
TO THOMAS JEFFERSON.
PHILADELPHIA, April
4,

1796.

have received yours of the 6th ultimo; also SIR, for letters Monroe, Mazzei, and Van Staphorst and shall your have a good conveyance for them in two or three days. I am in some doubt, however, whether it may not be best to detain those for Mazzei and V. until you can add the information I am now able to furnish you from Dohrman. He has at length closed the business of Mazzei in a just and honorable manner, by allowing the N. Y. damages in the bills of 20 per cent., and This mode of settlethe N. Y. rate of interest of 7 per cent. ment, after deducting the partial payments, for which he has receipts, leaves a balance of 3,087 dollars, which has been just paid into my hands, and will be disposed of as you shall direct. You will of course lose no time in writing to me on the subject. I have not yet heard from Bringhurst on the subject of SharpHe has no doubt written to you, according to his promless. ise. I have seen Mr. Howell, who says there would be no difI
;

DEAR

ficulty in

allowing you the credit you desire, if his son should take the place of Lownes. I was not unaware of the considerations you suggest with regard to the post roads; but do not consider my proposition
as involving any dangerous consequences. choice of roads, where that is presented,
It is limited to the

and

to the opening

them, in other cases, so far only as may be necessary for the transportation of the mail. This I think fairly within the obIt had, in fact, become essential that ject of the Constitution.

something should be done, and something would have been attempted on a worse principle. If the route shall be once fixed
for the post road, the local authorities will probably undertake the improvement, &c., of the roads; and individuals will go to

work

in providing the proper

accommodations on them for gen-

eral use.

The newspapers will inform you that the call for the Treaty papers was carried by 62 against 37. You will find the answer of the President herewith inclosed. The absolute refusal was

90

WORKS OF MADISON.

1796.

as unexpected as the tone and tenor of the message are improper and indelicate. If you do not at once perceive the drift of the appeal to the General Convention and its journal, recollect

one of Camillus's last numbers, and read the latter part of Murray's Speech. There is little doubt in my mind that the

message came from N. Y., when it was seen that an experiment was to be made, at the hazard of the Pres., to save the faction
against the

Rep

of the people.
is

measure on the majority

calculation of its authors.

The effect of this reprehensible not likely to correspond with the I think there will be sufficient firm-

ness to face
ers of the

it

with resolutions declaring the constitutional pow-

House as to Treaties, and that, in applying for papers, they are not obliged to state their reasons to the Executive. In order to preserve this firmness, however, it is necessary to avoid, as much as possible, an overt rencontre with the Executive.

The day

after the

message was received, the

bill

guarantying

the loan for the federal City by a swimming majority.

I

was carried

thro' the

H. of Rep 8
.

from Monroe of the 12th and 20th of Jan y The was demanded by the latter, and was not to be A continuance of the war with England renewed. likely was counted on. The French Government was in regular and vigorous operation, and gaining daily more and more of the
have
letters

truce with Austria

forced loan was going on for 25 million public confidence. Sterl 8 12 mil. of which was receivable in assignats at 100 for
,

It is said that the one; the balance in specie and produce. British armament for the West Indies had suffered a third Coup

de Vent, after leaving the channel a third time.

According

to

my memory, and

that of others, the Journal of

the Convention was, by a vote, deposited with the Pres., to be kept sacred until called for by some competent authority. How

can
ine

this

be reconciled with the use he has made of it?

Exam-

you please, at the close of the business, and let me know what is said on the subject. You will perceive that

my

notes, if

the quotation is nothing to the purpose. Most of the majority would decide as the Convention did; because they think there may be some Treaties, as a mere Treaty of peace, that would not

1796.

LETTERS.

91

require the Legislative power; a ratification by law also expressed a different idea from that entertained by the House of
its

agency.

TO JAMES MONROE.
PHILADELPHIA, April
7, 1796.

DEAR

SIR,

The

letters

from you of

latest date are those of

The three first Oct. 23, 24, and 29, and of Jan? 12 and 20th. have been heretofore acknowledged. For the interesting contents of the two last, I now thank you. I have given the explanation you desired, as to Mr. Paine, to F. A. M., who has not received any letter as yet, and has promised to pay due regard to your request. It is proper you should know that T.

Paine wrote some time ago a severe letter to the President, which Pickering mentioned in harsh terms to me when I delivered a note from T. P. to the Secretary of State, inclosed by T. P. in a letter to me. Nothing passed, however, that betrayed the least association of your patronage or attention to T. P. with
the circumstance; nor am I apprehensive that any real suspicion can exist of your countenancing, or even knowing the steps taken by T. P., under the impulse of his personal feelings or po-

At the same time, the caution you observe is be no means to disapproved. Be so good as to let T. P. by know that I have received his letter and handed his note to the Secretary of State, which requested copies of such letters as might have been written hence in his behalf. The note did not require any answer either to me or through me, and I have heard nothing of it since I handed it to Pickering. It is proper T. P., as well as yourself, should know that, on my first application to Mr. Bache for the payment of the draught in your favor, Mr. B. had no funds in his hands, but he now tells me he shall be able to honor the draught in a few days. Pickering has been spoken to several times, and has promised, as soon as he can find your letter and leisure, he will attend to the draught on his department. I have communicated to Mr. Yard the paralitical principles.

92

WORKS OF MADISON.

1796.

was impossible that we graph relating to Mr. and Mrs. K. It M. The known ecMrs. of should not all approve the conduct
the occurrence, if it centricity of character will easily explain should ever arrive here.

Some

into circulation insinuations that

of your enemies here have been base enough to throw you have launched into all

It has even been propagated that the depths of speculation. or and perhaps you, through Skipwith, had purSkipwith, you chased Chantilly, the magnificent estate of the late Prince of

Conde. I was joined by others of your friends in the roundest contradictions of such malicious reports, and in explaining the
incredibility

and palpable falsehood of them. Having heard nothing latterly on the subject, I conclude that the antidote has
I understand, however, that of which you were robbed, and money which it is said ought to have gone long before to Amsterdam, where the public faith was violated by the delay, is a topic of

effectually destroyed the poison.

the circumstance of the

unfavorable conversation within the Treasury Department and in unfriendly circles. If you ever wrote any thing to me on the
subject, it has totally miscarried.

was very

The first account I had of it from Mr. Swan, who threw the whole blame on Skipwith, who was charged with the operation of remitting the money to Holland. I am not apprehensive that any impressions can be entertained, even among your enemies in the
lately,

Cabinet, of anything more than incaution on your part; I sure that nothing beyond that can be impressed on others.
the

am
In

mean

time, it is right

you should know every handle that

can be taken against you. It continues to be the suspicion of some that the Cabinet meditates your recall, and, of course, that
they

my
all.

I retain possibly lay hold of the slightest pretext. that such a will never be hazarded on a slight opinion step

may

pretext, and, consequently, that

I

it

will never be hazarded at

which

am much obliged by your kind offer to procure me articles I may want toward housekeeping, as well as Books. As to

the latter, I shall from time to time trouble you, particularly for what is wanting to my set of the Encyclopedic Methodique, as

1796.

LETTERS.

93

soon as I get to Virginia, and can ascertain the volumes which I have not. As to the former, I am obliged to consult a certain
degree of economy, and have, in everything of that sort, a reference to the order of things in Virginia. I recollect nothing at present that I can particularize, unless it be a clock for the
in

chimney-piece, and a pair of glasses, not exceeding 100 dollars, which the size would be preferred to the ornamental expense. The china is not yet arrived, but I look for it by every vessel
that escapes the British depredations.

Whatever

articles

you

may be good enough to provide for me after the receipt of this, I wish you to address to Virginia, not to this place, unless it may
be such as will be wanted particularly here in the course of next winter, which I mean to 1569, 293, 1525. You will find
that the elections in Boston are running in favor of republicanI have much always to say ism. This will have a good effect. to you when I take up my pen, but am often obliged to hurry
to a close sooner than I could wish.
I

am

the less concerned

at it now, as the bearer, Mr. Fulton, will be able to give you a thousand details which I omit. I have never been more occu-

pied with the drudgeries of my station than at this moment. I began this on the 7th and conclude it on the 19th April, 1796.

Always and
roe, to

whom

affectionately adieu to yourself and Mrs. MonI offer my sincerest and best wishes, along with

those of Mrs.

M.
Mr. Jefferson,
1

I send, herewith, three letters from

from Mr.

Jones, and 1 from Mr. Langdon. I send, also, three numbers of the Debates on the Treaty, and I also will, from time to time, add the rest as they come out.

send a large collection of Newspapers, which contain most of the speeches not yet published in the pamphlet form. These will of the whole of possess you papers history Congressional
proceedings for some time past.

94

WORKS OF MADISON.
TO THOMAS JEFFERSON.

1796.

1 PHILADELPHIA, Apr 11, 1796.

DEAR
already

SIR,

know

that the call for papers

Yonrs of the 27th has been duly received. You was refused, and reasons

assigned more extraordinary a great deal than the refusal. This measure of the Executive produced two propositions, asserting the right of the House to judge of the expediency of Treaties stipulating on Legislative subjects, and declaring that it was not requisite in a call for papers to express the use to be

made

of them.

cussion

It was expected that a long and obstinate diswould have attended these defensive measures. Under

that idea, I entered into a free but respectful review of the fallacy of the reasons contained in the message, and the day being
6 nearly spent, the Com rose and an adjournment succeeded. The next morning, instead of a reply, the question was called

and taken without a word of argument on the subject. The two resolutions were carried by 57 against 35; and six members, who, not foreseeing the early call for the question, had not taken their seats, soon appeared, and desired to have their names added to the majority. This was not permitted by the
for,

rules of the
is

House; but the case

is

explained in the newspapers.

from the and proceed to make the necessary provisions. With respect to the latter, it seems at present probable that it will be hung up on a recital of the vices of the Treaty itself, the want of information, and the perseverance in seizing our ships and seamen, which ought to have the same influence on our decision, whether viewed as consistent with or an infraction of the Treaty. An Embargo on Indian Corn is proposed, but has not been discussed. Nothing very material from abroad. Bache is publishing the Treaty Debates in no 8 for an 8 Vol. 8t I inclose the I no., under address to Mr. Carr.
British,
,

fixed for taking up the Treaties. To-day shall separate the Spanish and other Treaties

We

1796.

LETTERS.
TO THOMAS JEFFERSON.
PHILADELPHIA, April 18, 1796.

95

DEAR

SIR,

My

last requested

man's payment to them. Resolutions have passed for carrying into

me

your orders relating to Dohrfor Mazzei, and I impatiently wait for

effect the Spanish, The British is now depending. Indian, and Algerine Treaties. I inclose the proposition in which the opponents of it will unite.

According to present calculation, this proposition will be carried by nearly the same majority as prevailed in the vote asserting the rights of the House on the subject of Treaties. The debate is but just commenced. Those who at first were for a silent
question will probably now spin out time, for the purpose of You will calling in the mercantile interference in its behalf.
see the expedient on foot in this City. The petition of the merchants, &c., will be signed by 7 or 800, as is said. An adverse
petition will be signed

by 3 or 4 times that number.

In N. Y.

and Boston,
the Treaty,
tion.

it is

preponderate.
is

hoped, the counter petitioners will equally Baltimore, which was at first most opposed to
to the execu-

become most generally reconciled

of indemnification for past losses, and the fears for their floating speculations, which have been arranged on the

The hope

idea that the Treaty would go into effect, bear down with that class all attention to the general and permanent good of the

Country, and, perhaps, their

est.

own

real

and comprehensive

inter-

The Country

is

also under an operation for obtaining

The Western Counties have yielded a number; being dexterously alarmed for the Spanish Treaty, as involved in the fate of the British. I expected to have sent you my observations on the President's message, which the Printer
petitioners for the Treaty.

told

me

Iredell's charge

should certainly be out this morning. He thought Mr. and the echo of the G. Jury entitled to priority.

96

WORKS OF MADISON.
TO JAMES MONROE.
PHILADELPHIA, April

1796.

18, 1796.

DEAR SIR, letter, chiefly on private subjects, written about ten days ago, will accompany this, which I have postponed to This will the last moment of the opportunity by Mr. Fulton.
relate chiefly to the British Treaty and to subjects connected with it. For a general view of the proceedings of Congress
I refer

you to the Newspapers,

&c..

which Mr. Fulton will

re-

You will find ceive for you from myself, and other friends. that the British Treaty was, after long delay, laid before the House. It gave rise to a motion calling for the instructions
Envoy, his correspondences, and other documents relaThis unqualified form being objected to, the motion was varied, (by the mover, Mr. Livingston,) so as to except from the papers called for such of them as might relate to
to the

ting to the Treaty.

existing negociations.

In order to render the motion perfectly

unobjectionable, and the more

justifiable to the public in case of a refusal of the papers, I moved to enlarge the exception to all such papers as the President might deem it inconsistent with

the interest of the United States at this time to disclose.

This

accommodating amendment was opposed by the whole Treaty party, who, being joined by the warmer men on the other side, succeeded in rejecting it. The principal motion was then discussed at full length, and was made to turn, in the debates, principally on the constitutional power of the House in relation to Treaties. The debates will shew you the ground taken on both sides. They were spun out to a duration of several weeks. When the question was at length taken, the majority for the call was very decided, not less than twenty. Every eye within and without doors was then turned to the President. The prevailing belief was, that he would send a part, if not the whole,
of the papers applied for. If he thought any part improper to be disclosed, or if he wished to assert his prerogative without coming to a rupture with the House, it was seen to be easy for him to avoid that extremity by that expedient. You will find

by

his Message, in answer, that

he not only ran into the extreme

1796.

LETTERS.

97

fusal itself.

of an absolute refusal, but assigned reasons worse than the reI have no doubt that the advice, and even the Mes-

sage
if

itself,

were contrived

in

New York, where

it

was seen that

the rising force of the republicans was not crushed, it must speedily crush the British party, and that the only hope of success lay in favoring an open rupture with the President. It is
to be lamented that he so easily lent himself to the stratagem. It was expected that the Message would have produced long

and animated discussion. In that expectation full comment on it, and in support, at the same
find in the

I entered into a
time, of the

two

Resolutions asserting the rights of the House, which you will

Newspapers. No reply, however, was given to me, and the question on the Resolutions was taken without anything more on the subject. They were carried by about 60 against The next step was to go into a committee of the whole on 35. all the Treaties. An attempt to lump them all, or, at least, the British and Spanish, was made, but readily defeated. The Spanish, Algerine, and Indian Treaties, were then decided on separately, and bills are ordered for carrying them into effect. The House is now engaged on the British Treaty. This is the third day of its discussion. I refer to the motion of Mr. Maclay for the form in which it is proposed to get rid of the Treaty. If no defections take place, the motion will succeed by a majority of about twenty. But vast exertions are on foot without and within doors. You will observe the memorial proposed by the
Mercantile interest of this place. A counter one, it is said, will be circulated, and will be signed by the greater number. It is probable the example on both sides will be followed in the other
large Towns.

The Country,

also, is stirred

up

for carrying the Treaty into effect. ties of this State have been alarmed,

The

to join in petitions four insurgent Coun-

by a dexterous combination

of the Spanish and British Treaties, into petitions in favor of both. This has been the manoeuvre of Ross, the Senator. What
the result of the whole
is

to be, is

among

the arcana of time.

If so, trust, without being sure, that the House will be firm. the public mind will rally under their auspices. If not, you can

VOL.

II.

98

WORKS OF MADISON.

1796.

be mischievous, but I appreciate the consequences, which will

hope temporary. in discussing the British April 19. Another day has passed for the sake Treaty. The event will probably be procrastinated I have put off closing of the experiment making out of doors. this till the last moment, and, therefore, am obliged, with the truest cordialities, in which my partner joins, to Mrs. Monroe

and yourself, to bid you Adieu.

TO THOMAS JEFFERSON.
April 23, 1796.

DEAR

SIR,

I inclose another

number of the Debates on the

Treaty. the press.

to 8 or 9
I

The subject is still going on in the House, as well as The majority has melted, by changes and absence, votes. Whether these will continue firm is more than

can decide. Every possible exertion is made, as usual, on the A sort of appeal has been made to the people, with an expectation that the mercantile force would triumph over
other side.

In this city, the majority of petitioners has appeared against the mercantile party. We do not know the event of the experiment in N. York. Petitions on both sides are running thro' the adjoining States of Delaware and N.
the popular sentiment.

other extraordinary manoeuvres, the Insurance here and in N. York, stopped business, in order to Companies, reduce prices and alarm the public. The Banks have been powJersey.

Among

erfully felt in the progress of the petitions in the Cities for the

Treaty.

counts, and at
tions, is like

Scarce a merchant or Trader but what depend on disthis moment there is a general pinch for money. Under such circumstances, a Bank Director, soliciting subscrip-

highwayman with a pistol, demanding the purse. the question will be taken to-morrow. But if carried against the Treaty, the game will be played over again in other forms. The Senate will either send it down by itself, or coupled

We hope

with the Spanish Treaty, or both. Nothing of importance from Europe.

1796.

LETTERS.
TO THOMAS JEFFERSON.
PHILADELPHIA,

99

May

1st, 1796.

I have your favour of the 17 Apr covering two one from your notes, the other from mine. The latter corresponds with the recollection which myself and other members had expressed, and the former with that of Maj r But-

DEAR

SIR,

Extracts

and with the Journals of the Senate. The report of the Committee to which you refer cannot be found, tho' Mr. B. says he knows one was made. This enquiry has been set on foot without your name. The Treaty question was brought to a vote on Friday in Com 8 of the whole. Owing to the absence (certainly casual and momentary) of one member, and the illness of another, the Committee were divided, 49 and 49. The Chairman (Muhlenberg) decided in the affirmative, saying that in the House it would be In the House yestersubject to modification, which he wished. " day an enemy of the Treaty moved a preamble, reciting that altho' the Treaty was highly objectionable, yet considering all circumstances, particularly the duration for two years, &c., and
ler,

confiding in the efficacy of measures that might be taken for stopping the spoliations and impressments, &c." For this ingredient, which you will perceive the scope of, all who meant
to persevere against the Treaty, with those

who

only yielded

for the reasons expressed in it, ought to have united in voting, as making the pill a bitter one to the Treaty party, as well as less poisonous to the public interest. few wrongheads, how-

ever, thought fit to separate, one vote. The main question

Treaty, by 50 against 48.

whereby the motion was lost by was then carried in favour of the This revolution was foreseen, and

might have been mitigated, tho' not prevented, if sooner provided for. But some, who were the first to give way to the crisis under its actual pressure, were not averse to prepare for it. The progress of this business throughout has been to me the most worrying and vexatious that I ever encountered; and the

more

the causes lay in the unsteadiness, the perverseness, and the defections among our friends,
so, as

follies,

the

more than

100

WORKS CF MADISON.
My

1796.

in the strength, or dexterity, or malice of our opponents. to you now. impossible for me to detail these causes

It is

con-

have in riveting my future purposes. Had the preamble, condemning the Treaty on its merits, exercising the discretionary power of the House, and requiring from the Ex. a stoppage of the spoliations, &c., been agreed to, I have reason to believe the Treaty party would have felt it a complete defeat. You will be informed by the newspapers of the means practised for stirring up petitions,
solation under

them

is

in the effect they

&c., in favor of the Treaty.

The plan was

laid in this City,

and circulated by a correspondence thro' the towns every where. In the mean time, the Banks, the British merchants, the Insurance Comp were at work in influencing individuals, beating down the prices of produce, and sounding the tocsin of foreign war and domestic convulsions. The success has been such as
3
,

you would suppose. In several neighbouring districts, the people have been so deluded as to constrain their Representatives

An appeal to the people on any pending measure can never be more than an appeal to those in the neighbourhood of the Government, and to the Banks, the merchants, and the dependents and expectants
to renounce their opposition to the Treaty.

of the

Government

at a distance.

TO THOMAS JEFFERSON.
May
9th, 1796.

DEAR

SIR,

We

have had a calm ever since the decision on

the Treaty. Petitions, however, continue to arrive, chiefly in favor of the Treaty. The N. England States have been ready 8 to rise in mass against the H. of Rep Such have been the in.

and exertions of Aristocracy, Anglicism, and Mercantilism, in that quarter, that Republicanism is perfectly overbalanced, even in the town of Boston. I hope it will prove but a transitory calamity, and that the discovery of the delusion will
fluence

ultimately

work a salutary effect. The people have been every where made to believe that the object of the H. of Rep" in re-

1796.

LETTERS.

101

Treaty was war; and have thence listened to the "to follow where Washington leads." Nothing late summons from abroad. expect to adjourn about the 20th or 25th
sisting the

We

Inst.

TO JAMES MONROE.
PHILADELPHIA, May 14, 1796. with and newspapers, some pamphlets My was put into the care of Mr. Fulton, who, I had hoped, was half across the Atlantic, when he reappeared here in conse-

DEAR

SIR,

last,

to

quence of shipwreck. I avail myself of his second departure add a little more to the printed budget, as well as to the

narrative in

At the date of it the British Treaty and the event hanging in uncertainty. It soon appeared that the majority was not entirely composed of materials firm enough for the crisis. It daily melted down till the day of the question, when Muhlenberg, in the chair of the committee, gave very unexpectedly a casting

my

letter.

was

in full discussion,

vote in the affirmative, observing that he did so with a view to some modification in the House. It is to be remarked that

when

the vote

was

taken, Patton

was

ill,

and Varnum casually

not present; both of them firm against the Treaty. In the House, a proposition was made by Mr. Dearborn, reciting as a
preamble, that although the Treaty was objectionable and injurious, yet, considering all circumstances, and particularly that the last eighteen articles will be of short duration, and confiding in the efficacy of measures that

may be taken for bringing about a discontinuance of spoliations and impressments, Resolved, &c. This was lost by a single vote only; seven or
eight of the stiffest anti-treaty men taking a wrong-headed course. Such a preamble would have been a bitter ingredient, it would have transferred a few votes. On the main though

question there was a majority of three, 51 and 48, for carrying the Treaty into effect. Many of the means by which this

majority was brought about will occur to you.

But

it is

to

be

102

WORKS OF MADISON.
A

1796.

ascribed principally to an appeal to petitions under the mercancircular letter from tile influence, and the alarm of war.
the Merchants of Philadelphia gave the signal to all other towns. The people were everywhere called on to chuse be-

tween peace and war, and to side with the Treaty if they preThis stratagem produced in many places a ferred the former. New in and fever, England a delirium, for the Treaty, which the table with petitions. The counter petitions, soon covered though powerful from Philadelphia, and respectable from some
other quarters, did not keep pace. Indeed, there was not time for distant parts, where the Treaty was odious, to express their sentiments before the occurrence was over. Besides the alarm
of

war

in the smaller States, a great excitement

was produced

in them by the appeal of the President, in his message, to their What the particular interest in the powers of the Senate.
effect of this

whole business will be on the public mind cannot

yet be traced with certainty. For the moment, at least, it It probably would presses hard on the republican interest. have been better if the great majority existing at one moment

had been taken advantage of for a strong preface in the tone of Dearborn, and if the Treaty party had then carried their The final object with the consequences on their own heads. turn of the majority ought at least to have been sooner prepared for. This was, in fact, contemplated. But before some were ripe for the arrangement, others were rotten. As soon as the subject was finished, an explanatory article, signed by Bond & Pickering, marked with sundry curious features, was laid before the Senate, and has been ratified. The avowed object is to declare that the Indian Treaty, which requires a
special licence to Traders residing at the Indian Towns, shall not affect the British privileges under the third article. This, when known by the public, will justify an important ground of

opposition to the Treaty.

self

Adet seems to have conducted himwith great circumspection throughout the crisis here, nor do I know what, or whether anything, escapes him since the the conclusion of it. It will be deeply interesting to know how
France will take
it all.

hope no rash councils will prevail

1796.

LETTERS.
You

103

with her.

can foresee the consequences of such here.

lasts,

Whilst the war

England

will

command most

attention,

because she can do this country most harm. In peace, France will command most attention, because she can do it most good.

This view of the subject may, perhaps, be worth your development on fit occasions. Among the bills just passed the House
of Representatives is one prohibiting the sale of prizes in our It did not pass without doubts and opposition. The ports. real object with most was to protect Spanish and Dutch vessels
as possible, on the supposition that the British Treaty protected hers in this respect against all nations. It is now generally understood that the President will retire. Jefferson
as
is

much

the object on one side;

The secondary
rendered

Adams, apparently, on the other. The general result is object still unsettled. doubtful by the probable complexion of the New
and by a
late

York

Legislature,

law of Pennsylvania

for

chusing Electors by a general ticket. If the decision should result to the House of Representatives, it will be safe. I have of received Nov. last was of yours 8th; your just January 20.

The papers

will inform you that Fitzsimmons and Innes are the American Commissioners for the Debts, and Pinkney of Maryland and Gore of Massachusetts for the spoliations. The

tediousness of the cypher obliges me to close in haste. I will write again before I leave this, which, I hope, will be in about ten days, there being now a general impatience to adjourn.

Our

best respects and regards to Mrs.

Monroe and

yourself.

Adieu.

Yrs

aff tly

J. M., JR.

TO THOMAS JEFFERSON.
PHILADELPHIA,

May

22, 1796.

SIR, Congress are hurrying through the remnant of business before them, and will probably adjourn about Satur-

DEAR

day next.

Petitions in favour of the Treaty still come in from The name of the President and the alarm of distant places.

104

WORKS OF MADISON.

1796.

war have had a greater effect than were apprehended on one A crisis, which ought to have side, or expected on the other.
been so arranged as to fortify the Republican cause, has left it in a very crippled condition; from which its recovery will be the more difficult, as the elections in N. York, Massachusetts, and other States, where the prospects were favorable, have taken a wrong turn under the impressions of the moment. Nothing but auspicious contingencies abroad or at home can regain the Peace in Europe would have a most salutary inlost ground. accounts and fluence, just received from France revive in some
degree the hope of it with the Emperor, which will hasten, of On the other hand, a scene course, a peace with England. rather gloomy is presented by a letter I have just received from
It is dated Feb y 27. The following extracts Col. Monroe. " About a fortnight past, I was inform the substance of it. formed by the Minister of Foreign affairs that the Government had at length resolved how to act with us in respect to our treaty with England; that they considered it as having violated, or rather annulled, our treaty of alliance with them, and taken part with the coalesced powers; that they had rather have an open enemy than a perfidious friend; that it was resolved to send an envoy extraordinary to the U. S., to discuss this business with us, and whose powers would expire with the

was astonished with the communicaprobable consequences. I told him it might probably lead to war, and thereby separate us, which was what our enemies wished; that it hazarded much, and withexecution of the trust.
tion,
I

and alarmed with

its

out a probable gain; that from the moment a person of that character arrived, their friends would seem to act under his
banner, and which circumstance would injure their character and lessen their efforts; in truth, I did every thing in my power
to prevent this measure, and in which I am now told by the minister that I have succeeded, the Directors having resolved to continue the ordinary course of representation But only.
thro' this I hear strong sentiments will be conveyed. whole of this is made known to the Executive by me." "

The
arid

The

forced loan was less productive than

was expected,

1796.

LETTERS.

105

the embarrassment in the finance extreme.

Some think another

movement

at hand, but I see no evidence of it at present. In all calculations on this subject, it ought to be recollected that

the Executive are sound, and, having the hands, are strong."

Government

in their

"There are strong symptoms of an actual rupture between us and this country. The minister of the Government preferred
to have us as open enemies rather than perfidious friends. Other proofs occur to shew that this sentiment has gone deep in their

Councils."

The " Minerve," of N. York, lately announced, with an affected

emphasis, a letter from Paris to N. York, intimating that
influ-

ential persons in the U. S. were urging measures on Prance which might force this Country to chuse war against England
It is probable as the only alternative for war against France. that categorical steps on the part of France towards us are anticipated, as the consequence of what has been effected by the

British party here,

it to

and that much artifice will be practised by some unpopular form on its Republican them in charge

make up a parcel of pamphlets, forwarded to Richmond. The inclosed number of the Debates is a continuation, which has been regular. I hope the preceding numbers have all arrived safe. King is appointed Minister to London, and Humphreys to Madrid, Pinckney and Short retiring. The vacancy at Lisbon
&c., for you, to be

opponents. Before I leave this I shall

not yet

filled.

TO THOMAS JEFFERSON.
May
late as April 8
30th, 1796.

Congress will adjourn the day after to-morrow. News as from London; peace likely to take place between France and England; provisions falling much in price, both in F. and G. B. The moneyed distresses reviving in the latter, and great alarms for a terrible shock to the Banking and
Mercantile Houses.

106

WORKS OF MADISON.
TO GEORGE WASHINGTON.

1796.

J.

dent,

Madison presents his respectful compliments to the Presiand returns the Treatise on Small Canals, &c., with his
it.

acknowledgements for the perusal of

He

is

not enough con-

versant with such subjects to decide on the merits of the various plans and machinery recommended by the Author. In general, his principles appear to be both effective and practicable; but the question of their utility must be decided by a very accurate comparison of expense and saving, which cannot easily be made without partial experiments, at least; and which must

vary, also, in different Countries

Society. praise for his ingenuity

and

different situations of

The Author, however,

is

and laudable

certainly entitled to much zeal for improvement; and

has probably, by his work, really contributed to it, either immediately or by the use that may be made of his ideas by others.
r PHILADELPHIA, Dec

1,

1796.

TO THOMAS JEFFERSON.
PHILADELPHIA, Dec.
5, 1796.

DEAR

SIR,

It is not possible yet to calculate

with any de-

gree of certainty whether you are to be left by the Electors to enjoy the repose to which you are so much attached, or are to

be summoned to the arduous trust which depends on their allotment. It is not improbable that Pinckney will step in between the

two who have been treated as the principals

is

in the question.

It

even suspected that

this turn

has been secretly meditated from

the beginning, in a quarter where the leading zeal for has been affected. This Jockeyship is accounted for

Adams

enmity of

Adams

become
to be a

public,
fit

by the Banks and funding systems, which is now and by an apprehension that he is too headstrong
to

puppet for the intriguers behind the skreen. It is to be hoped that P. may equally disappoint those who expect to make that use of him, if the appointment should in reality light on him.. We do not, however, absolutely despair that a choice

1796.

LETTERS.

107

may still be made; and there is always the chance of a devolution of the business on the H. of Rep s which will, I believe, decide it as it ought to be decided.
better than either
,

Adet's note, which you will have seen,

is

working

all the evil

with which
tions,

it is

pregnant.

Those who

rejoice at its indiscre-

and are taking advantage of them, have the impudence [it] is an electioneering manoeuvre, and that the French Gov 1 have been led to it by the opponents of the British Treaty. Unless the unhappy effect of it here, and cause of it in France, be speedily obviated by wise councils and healing measto pretend that
ures, the crisis will unquestionably

be perverted into a perpetual

two Countries by the secret enemies of both. The immediate consequences of such an event may be distressing; but the permanent ones to the commercial and other great interests of this country form a long and melancholy catalogue. We know nothing of the policy meditated by the Executive on The speech will probably furnish some explanathis occasion.
alienation of the
tion of
it.

TO THOMAS JEFFERSON.
December
10th, 1796.

DEAR SIR, Exitus in dubio is still the motto to the election. You must reconcile yourself to the secondary, as well as the primary
is

The prevailing idea station, if that should be your lot. that Pinckney will have the greatest number of votes, and I think that Adams will be most likely to stand next. There are
other calculations, however, less favourable to both. The answer to the President's speech is in the hands of Ames, Sit-

not yet settled.

The form is greaves, Smith of Carolina, Baldwin, and myself. There is a hope that it may be got into a form
that will go down, without altercation or division in the House.

Yours

sincerely.

108

WORKS OF MADISON.
TO THOMAS JEFFERSON.

1796.

PHILADELPHIA, Dec. 19, 1796.

The returns from N. Hampshire, Vermont, S. SIR, and Carolina, Georgia, are still to come in, and leave the event

DEAR

of the election in some remaining uncertainty. It is but barely It is possible that Adams may fail of the highest number. highly probable, tho' not absolutely certain, that Pinckney will be third only on the list. You must prepare yourself, therefore, to be summoned to the place Mr. Adams now fills. I am aware
of the objections arising from the inadequateness of the importance of the place to the sacrifices you would be willing to make
to a greater prospect of fulfilling the patriotic wishes of your friends, and from the irksomeness of being at the head of a

body whose sentiments are at present so little in unison with your own. But it is expected, that as you had made up your mind to obey the call of your country, you will let it decide on the particular place where your services are to be rendered. It may even be said, that as you submitted to the election knowing the contingency involved in it, you are bound to abide by
the event, whatever it may be. On the whole, it seems essential that you should not refuse the station which is likely to be your lot. There is reason to believe, also, that your neighbourhood

valuable effect on his councils, particuin relation to our external system. You know that his larly will not enslave him to the feelings example of his predecessor.
to
It

Adams may have a

certain that his censures of our paper system, and the intrigues at New York for setting Pinckney above him, have fixed
is

an enmity with the British

faction. Nor should it pass for nothing, that the true interest of New England particularly requires reconciliation with France as the road to her commerce;

add

terms,

to the whole, that he is said to speak of and will no doubt be soothed

you now in friendly by your acceptance of a

place subordinate to him. It must be confessed, however, that all these calculations are qualified by his political principles and prejudices. But they add weight to the obligation, from

which you must not withdraw yourself.

1796.

LETTERS.
will see in the

109

You
room

answer to the President's speech much

for criticism.

know

that

it

must, for the present, be content to resulted from a choice of evils. His reply to the

You

foreign paragraph indicates a good effect on his mind. Indeed, he cannot but wish to avoid entailing a war on his successor.

The danger
irritation

lies in the fetters he has put on himself, and and distrust of the French Government.

in the

TO THOMAS JEFFERSON.
PHILADELPHIA, Dec' 25, 1796.

DEAR SIR, which my last

of which
vice in

cannot yet entirely remove the uncertainty in Unless the Vermont election, left the election.
I

of late, been said, should contain some fatal Adams Mr. it, may be considered as the President elect. him of it but a general run of the votes in Nothing can deprive Georgia, Tennessee, and Kentucky, in favour of Mr. Pinckney, which is altogether contrary to the best information. It is not even probable that Mr. P. will be the second on the list; the secondary votes of N. Hampshire being even said to have been thrown away on Ellsworth; and a greater number consequently required from the States above mentioned than will be likely to fall to his lot. We have nothing new from Europe. The prosand in our are under a veil, foreign Department projects pect not a corner of which I have been able to lift. I fear the distrust with which the French Government view the Executive here, and the fetters which the President has suffered himself to put on, will be obstacles to the reconciliation which he cannot
little has,

It is whispered, also, that the Spanish minister has intimated the probable dissatisfaction of his Court at the Explanatory article of the British Treaty. Nor can it be doubted, from the nature of the alliance between that and France, that
fail to desire.

common cause will be made in all the steps taken by the latter with respect to this Country. In the mean time, the British party are busy in their calumnies for turning the blame of the
a present crisis from themselves, on the pretended instigations of

WORKS OF MADISON.

1797.

France, by Americans at Paris; and some of them are already bold enough to talk of an alliance with England, as the resource The new President, in case of an actual rupture with France.
be, will have much in his power; and it is imas many circumstances as possible conspire to make to portant a to him lead right use of it. There never was greater distress

whoever he will

than at this
occur daily;

moment

in the monied world. Failures and frauds and are so much connected with Banks, that these

Institutions are evidently losing

ground in the public opinion.

TO THOMAS JEFFERSON.
PHILADELPHIA, JanJ
8,

1797.

I have received your favour of the 17th ult. The not likely to terminate in the equilibrium of votes, If the Vermont for which the Constitution has not provided.

DEAR

SIR,
is

election

votes should be valid, as is now generally supposed, Mr. Adams will have 71 and you 68, Pinckney being in the rear of both. It
is to

be hoped that the nicety, and, in truth, the unpropitious casualty of the choice of Mr. A., will lessen the evil of such an
ostensible protest by this

Country against Republicanism. Your in a the administration will not fail to aid of share acceptance this tendency. It is suggested to me that it will be necessary
for

you

to

to be qualified.

be here before the adjournment of Congress, in order I have not examined the Constitution and the

law on this subject. You will have the means of doing both, and of deciding on the question. Altho' I am sensible of the
inconveniency of such a trip at this season of the year, yet I see so many advantages likely to result from it, that I cannot help wishing it may be found necessary. If you cannot qualify elsewhere, you- must come, of course, that the danger of an interregnum may be provided against. The expense would be no objection; and is, besides, balanced by the effect of the qualification in settling the date of the compensation. The special communication from the President

on our
is

affairs

with France

is

not yet made.

The gloom over them

in

no

1797.

LETTERS.
Not a word from Monroe, or any other

respect diminished.

judge on the whether will be received. We wait with question Pinckney that for the will be the first thrown on light probably anxiety communication. the expected point by
quarter, relating to his recall, or enabling us to
first

The inclosed paper will give you the foreign news as it has made its appearance here. A comparison of paragraphs

it unfavourable to the French very There may, nevertheless, be some foundation for improbable. The French it. operations against our trade seem to be better as well as the renewal of the Algerine warfare. authenticated, The abortive result of Lord Malmesbury's errand is also highly

renders the Italian part of

probable. I just understand that Spain declared G. Britain on the 8th of October.

war against

TO THOMAS JEFFERSON.
PHILADELPHIA, Jan? 15, 1797.

The last mail brought me your favour of Jan* 1, unsealed one for Mr. A., and submitting to my disan inclosing

DEAR

SIR,

In exercising this delicretion the eligibility of delivering it. cate trust I have felt no small anxiety, arising by no means,

however, from an apprehension that a free exercise of it could be in collision with your real purpose, but from a want of confidence in myself, and the importance of a wrong judgment in
the case.

After the best consideration I have been able to be-

have been led to suspend the delivery of the letter, till have an opportunity of deciding on the sufficiency should you
stow, I

or insufficiency of the following reasons:

1.

It is certain that

Mr. Adams, on his coming to this place, expressed to different persons a respectful cordiality towards you, and manifested a sensibility to the candid manner in which your friends had, in

And it is equally general, conducted the opposition to him. known that your sentiments towards him personally have found their way to him in the most conciliating form. This being
the state of things between you,
it

deserves to be considered

WORKS OF MADISON.
whether the idea of bettering
it is

1797.

not outweighed by the possi-

2. There is, perhaps, a it for the worse. bility of changing letter which betrays the difficulty of your the on air general
it, and it is uncertain what the impression 3. It is certain that this appearance. from be resulting might aimed at by his pseudo trick of the is A. Mr. fully apprized be of his suspecting in there and N. of friends Y., danger may

situation in writing

mementos on that subject a wish

to

make

his resentment

an

instrument for revenging that of others.

hint of this kind

was some time ago dropped by a judicious and sound man, who lives under the same roof, with a wish that even the newspapers " might be silent on that point. 4. May not what he said, of
the sublime delights of riding in the storm, c.," be misconstrued into a reflection on those who have no distaste to the

helm at the present

crisis?

You know

the temper of Mr. A.

better than I do, but I have always conceived it to be rather a 5. The tenderness due to the zealous and active ticklish one.

promoters of your election makes it doubtful whether their anxiety and exertions ought to be depreciated by anything imI know that some indiplying the unreasonableness of them.
viduals

who have deeply committed themselves, and probably incurred the political enmity at least of the P. elect, are already sore on this head. 6. Considering the probability that Mr. A.'s

may force an opposition to it from the and the general uncertainty of the posture Republican quarter, which our affairs may take, there may be real embarrassments from giving written possession to him of the degree of compliment and confidence which your personal delicacy and friendship have suggested. I have ventured to make these observations because I am sure
course of administration

you will equally appreciate the motive and the matter of them; and because I do not view them as inconsistent with the duty and policy of cultivating Mr. A.'s favorable dispositions, and

As you have no giving a fair start to his Executive career. doubt retained a copy of the letter, I do not send it back as you
request.
It occurs, in

changed

however, that if the subject should not be your view of it by the reasons which influence mine,

1797.

LETTERS.

113

it

and the delivery of the letter be accordingly judged expedient, may not be amiss to alter the date of it, either by writing the whole over again, or authorizing me to correct that part
of
it.

It is, I am told, special communication is still unmade. I hope, under the sanction of the to be extremely voluminous. P.'s reply to our address, that it will be calculated rather to

The

heal than irritate the

wounded

Yet I cannot look around back at the snares into which he has hitherto been drawn, without great apprehensions on this subject. Nothing from France,
subsequent to the arrival of Pinckney. The negociations for The accession of Spain to peace, you will see, are suspended. the war enforces the probability that its calamities are not The late news from the Rhine and likely yet to be terminated.

friendship of the two Countries. at the men who counsel him, or look

The are, on the whole, favorable to the French. was on the 27th Oct., in the Hunspruck, and ended The H. of Rep8 are on direct taxes, in a victory on their side. which seem to be so much nauseated and feared by those who have created both the necessity and odium of them, that the
from Italy
last battle

Hamilton, you will recollect, assured project will miscarry. the farmers that all the purposes of the Government could be

answered without resorting to lands, houses, or stock on farms. This deceptive statement, with other devices of his administration, is rising up in judgment against him, and will very probably soon blast the prospects which his ambition and intrigues have contemplated. It is certain that he has lost ground in New York of late, and his treachery to Adams will open the
eyes of

New

England.

TO THOMAS JEFFERSON.
PHILADELPHIA, Jany 22, 1797.

have received yours of Jan7 8th. You will find by the papers that the communication on French affairs has been at length made. It being ordered to be printed without
SIR,
I

DEAR

VOL.

II.

WORKS OF MADISON.

1797.

being read, I have no direct knowledge of its character. Some of the Senate, where it has been read in part, represent it as well fitted to convert into an incurable gangrene the wound

which the friendship between the two Republics has suffered. Adding this, on our side, to the spirit manifested in the language and proceedings on the other, an awful scene appears to be opening upon us. The only chance to escape it lies in the President You know the degree in which I appreciate it. I am elect. extremely apprehensive that he may have been drawn into a
initiation into the business

sanction to this last step of the Executive by a complimentary which is soon to devolve on him.

known from which

that an

however, apprehension merely, no circumstance being We hear nothing the fact can be inferred. from Monroe or from Pinckney. It has got in the newspapers
This
is,

to go to France, and that I was have no reason to suppose a shadow of truth in the former part of the story, and the latter is pure fiction. Doc*. Logan has put into my hands a copy of his agricultural experiments for you, which I will forward. A vote has passed

7 Envoy Extraord was

to be the person.

in favour of a direct tax.

ful.

The event is, notwithstanding, doubtThe Eastern members, after creating the necessity for it,
it,

increasing the odium of

backwardness

in supporting the

and reproaching their brethren with Government, are now sneaking

out of the difficulty, and endeavouring, whilst they get wish, to enjoy the popularity of having opposed it.

what they

TO THOMAS JEFFERSON.
PHILADELPHIA, Jan? 29, 1797.

Yours, covering an unsealed letter to Mr. TazeSIR, came duly to hand, and will be turned to the use you wish. As you take the Philadelphia Gazette, in which the belligerent answer to Adet's note has been printed in toto, I refer to that for the posture and prospect of things with France. The Britwell,

DEAR

ish party, since this overt patronage of their cause, no longer war with France, and an alliance with wear the mask.

1797.

LETTERS.

115

Great Britain, enter both into print and conversation; and no doubt can be entertained that a push will be made to screw up the President to that point before he quits the office. The strides latterly made with so much inconsistency, as 'well as
weakness, in that direction, prepare us for receiving every furNo further discovery has been ther step without surprise. made of the mind of the President elect. I cannot prevail on

myself to augur much that is consoling from him. Nothing from abroad, nor more at home than you will gather from the
newspapers.

TO THOMAS JEFFERSON.
PHILADELPHIA, Feb*
5, 1797.

DEAR SIR, we shall have

have received yours of

giving notice that

the pleasure of seeing you here soon, but that letters written before the 7th would arrive before you leave home.

Nothing occurs

to alleviate the crisis in our external affairs.

to prey on our trade. The British, too, have not desisted. There are accounts that both of them are taking our East Indiamen. This is an alarming symptom, there being 60 or 70 vessels from different parts of the U. S. engaged

The French continue

in that trade.

Pickering's corrosive letter has not yet been

before the H. of Rep s . It is exfully printed, so as to come tremely difficult to decide on the best course to be taken. Silence

On the other hand, it is construed into approbation. not likely that any opportunity will be given for negativing an approving resolution. And it is, at least, doubtful whether a
may be
vote of positive disapprobation in any form whatever could be safely risked in the House, or, if passed, whether the public
opinion would not be brought to side with the Executive against It is, moreover, extremely difficult to shape any measure on it. the occasion so as to escape the charge either of censuring or advising without a proper warrant, from the nature of our constitutional relation to the Executive.

Nor

is it

unworthy of

consideration that there are formidable steps not yet taken by

WORKS OF MADISON.
the Pres* which
if

1797.

may be taken

before the

moment of

his exit,

which, without his sanction, would not dare to take. bill for collecting the proposed taxes on land, &c., is before the Committee of Ways and Means. The difficulties of the subefficacious,

taken, might be

and which

his successor,

ject, the shortness

people, render

it

uncertain whether

of the time, and the aversion of the Eastern it will pass or not at the

present Session.

I suspect the policy of the

Treasury Depart-

ment
'at

to separate the preparatory arrangements from the actual collection of the tax, and to provide for the former only
is,

present; an expedient not unlikely to succeed, as it will smooth the way for the Eastern members. Some, I find, who do not disapprove of the plan of direct taxes, are unwilling to fortify the disposition to embroil us with France, by enlarging, at the present juncture, our system of revenue. I reserve for a verbal communication the indications by which we judge of the prospect from the accession of Mr. A. to

They are not, I conceive, very nattering. I just learn that a British packet brings London accounts to Dec1 7. Nothing is as yet given out but that the negociations
the helm.
at Paris

have ended in abortion.

is

not given out

It is probable that what is not more favorable to G. B. I do not believe

that any intelligence has been received from Monroe or Pinckney subsequent to the arrival of the latter. It is said that the

Spaniards are fortifying at the Chickasaw Bluffs.

If this be

the case, it strengthens the apprehension that they regard the British Treaty, with the explanatory article, as superseding the obligation or policy of their Treaty with us.

TO THOMAS JEFFERSON.
PHILADELPHIA, Feb* 11, 1797.

DEAR

SIR,

After several

little

turns in the

mode of conveying

you notice of your election, recurrence was had to the precedent of leaving the matter to the Senate, where, on the casting vote
of Mr.

Adams, the

notification

was referred

to the President of

1797.

LETTERS.

H7

the U. States, in preference to the Pres. of the Senate. You will see in the papers the state of the votes, and the manner of

counting and proclaiming them. You will see, also, the intimation given by Mr. A. of the arrangement he had made for taking the oath of office. I understand he has given another intimation which excites some curiosity, and gives rise to several reflections, which will occur to you; it is, that he means to take the advice of the Senate, on his coming into office, whether
the offices held during pleasure are, or are not, vacated by the This is the substance. I political demise of his predecessor. do not aim at or know the terms of the question, of which previous notice is there given, that the members of the Senate may

the better

make up

their opinions.

What room

is

there for

such a question at all? Must it not have been settled by precedent ? On what principle is the Senate to be consulted ? If this
step be the result of deliberation and system, it seems to shew 1. That the maxims of the British Government are still upper-

most in his mind. 2. That the practice of his predecessor are not laws to him, or that he considers a second election of the same person as a continuation of the same reign. 3. That the
Senate
tofore.
is to

be brought more into Executive agency than here-

Accounts have been received of the arrival of Pinckney in

France, but not at Paris. Nothing yet from Monroe since he knew of his recall. Everything relating to that quarter remains
in statu quo. You will find in the inclosed papers that Buonaparte has nearly cut up another Austrian army. It is to be hoped that
its

consequences him, G. Britain.

may

force the

Emperor
Adieu.

to a peace, and, thro'

This goes by Mr. Bloodworth, son of the Senator from N. Carolina, appointed to carry you notification of your appointment.

118

WORKS OF MADISON.
TO THOMAS JEFFERSON.
ORANGE, Aug.

1797.

5th, 1797.

DEAR

SIR,

Yours of the 3d arrived

1

safe yesterday.

I will

converse with Co Monroe, as you desire, on the subject of his letter to you, and listen to all his reasons for the opinion he
I have viewed present conviction is opposed to it. I do. consider it, morethe subject pretty much in the light you over, as a ticklish experiment to say publicly yes or no to the
gives.

My

interrogatories of party spirit.

It

may bring on dilemmas, not

to be particularly foreseen, of disagreeable explanations, or of tacit confessions. Hitherto the precedents have been the other

way.
letters

The

late President

imputed

to him, and, it

was silent for many years as to the would seem, deposited in the office

of State only the answer which the zeal of the Secretary communicated to the public. Mr. Adams has followed the example * * * * of advising with respect to Calender's charge Col. M. thinks that honest the extermination of the Tories.

men would be encouraged by your owning and

letter to Mazzei.
I rather suspect it

justifying the
gratification

would be a

and triumph to their opponents; and that out of the unfixed part of the Community more converts would be gained by the popularity of Gen Washington, than by the kind of proof that must be relied on against it.
1

" Wishing to return the petition, &c.," to your Court, as you recommend, I must be brief on that subject. It is certainly of

great importance to set the public opinion right with regard to the functions of grand Juries, and the dangerous abuse of them
in the federal Courts; nor could a better occasion occur.

If

there be any doubts in the case, they must flow from the uncertainty of getting a numerous subscription, or of embarking the

Legislature in the business. On these points, the two gentlemen you mean to consult can judge much better than I can do. The
Petition, in its tenor, cannot certainly be with a pencil the passages which,

have noted perhaps, may be better

I

mended.

guarded against

cavil.

1797.

LETTERS.
TO THOMAS JEFFERSON.

119

Oct. 20th, 1797.

DEAR
roe,

SIR,

I received the inclosed

pamphlet from Col. Mon-

with a request that it might be returned to you. The publication, under all its characters, is a curious specimen of the ingenious folly of its author. Next to the error of publishing at all, is that of forgetting that simplicity and candour are the
only dress which prudence would put on innocence. Here we see every rhetorical artifice employed to excite the spirit of

party to prop up his sinking reputation; and whilst the most exaggerated complaints are uttered against the unfair and virulent persecutions of himself, he deals out in every page the most malignant insinuations against others. The one against

you
a

is

a masterpiece of folly, because

proportion to its
letter,

its impotence is in exact venom. Along with the pamphlet is inclosed which you will be good enough to have delivered by an

early opportunity.

TO JAMES MONROE.
ORANGE, December
17, 1797.

DEAR

SIR,

I have not received a line from Philadelphia on the subject of the speech, or, indeed, on any other. To me no explanation of the phenomenon is necessary, having been on the ground for observing the progressive apostasy from the principles of our

Revolution and Governments, which marked the period of your If events should not be unpropitious to the monarabsence.
chical party, you may prepare yourself for still more wonderful Those who tolerate at indications of its spirit and views.

present the fashionable sentiments, will soon be ready to embrace and avow them. The active characters who promoted Mr. Adams to his station, knowing him to be what he is, can-

not at bottom have been much averse to his political tenets, and will find in the spirit of party, and in personal attachments and

120

WORKS OF MADISON.

1797.

Let animosities, sufficient motives to go all lengths with him. us hope, however, that the tide of evil is nearly at its flood, and that it will ebb back to the true mark, which it has overpassed. Mrs. Madison, as well as myself, would be very happy to pass
a few days with you and Mrs. Monroe, being not discouraged But we are under an by the picture you give of your offices. a visit to our sister, near Richmond, on to make engagement

which she will

set out the last of this

it will

week.

I shall not follow

for eight or ten days; and

panying some workmen, who are to be put into a plan of business which Mrs. will keep them employed till our return from below. Madison offers her love to Mrs. Monroe, in which the family
desire to be joined.

great pleasure, if I give the of my not accombut cause ride to up; can, in that interval, it out of her will, I fear, put my power. I expect

me

Believe me, dear

sir,

your sincere friend and serv.

TO THOMAS JEFFERSON.
r ORANGE, Dec

25, 1797.

DEAR
since

SIR,

We have had
us.

you passed

a great proportion of cold weather The thermometer, however, has not been
this point
also, is

lower than 10.

21st instant.

on the morning of the equal to the cold. Within fall the of water been but 1| inches only. has last 31 the days been none. This has cold and dry spell, succeedthere Of snow fall and late seeding, gives to the wheat fields the ing the dry
worst of appearances. You will not expect political occurrences from
this quarter. objects of enquiry here are Listen's plot, the envoyship to France, and Monroe's publication. The delay of this last occa-

It was at The drought,

The

sions

some

surprise.

I observe that the President has laid

hold

of the late endemic at the seat of Government as an occasion

for getting the prerogative for proroguing the Legislature. Fortunately, the Constitution has provided an important barrier

1798.

LETTERS.

121

in this case,

But

still

the

by requiring a session at least within every year. power may, in unforeseen emergencies, be made an

instrument of party or of usurpation, and, it is to be hoped, will not therefore be granted. I have not examined it in a constitutional view, but that also merits attention. Ambition
is

so vigilant, and where it has a model always in view, as in the present case, is so prompt in seizing its advantages, that it cannot be too closely watched, or too vigorously checked.

When you

do me the favor to write,

halt.

let

your letters leave

Philadelphia in the mail of Friday morning.

They

will then

come without any

Adieu.

TO THOMAS JEFFERSON.
ORANGE, JanT
21, 1798.

your favor of the 3rd instant arrived, I was on a journey to the neighborhood of Richmond, from which The mail on the day following I did not return till the 18th. of the me newspapers under your cover. Col. packet brought
SIR,

DEAR

When

Bell has written

me

that the nails ordered, as stated in

my

last

I had not requested to you, are all ready for me. as I shall use them, because I in parcels, prepared for out-houses immediately,

them to be want some

and I wished to avoid the necessity than one more of trip. The attack on Monroe's publication evidently issues from, or is aided by, an official source, and is a proof that the latter I have not yet seen a copy of it, and was astonished to bites. learn in Richmond, where I passed a day, that a single copy only had reached that place, which, from the length of it, not more than two or three persons had read. By them it was said,
that
if this

must be incurable.

did not open the eyes of the people, their blindness If a sufficient number of copies do not ar-

rive there before the adjournment of the Assembly, the only opportunity of circulating the information in this State will be
lost for a year, that
is, till

the subject has lost its flavor.

The

122

WORKS OF MADISON.

1798.

enormous price, also, was complained of, as a probable obstacle to an extensive circulation. You will have seen in the newspapers the proceedings on the Amherst Memorial, on the Glebes and Churches, and on the proposition for revising the Constitution. The first was the only test of party strength, and so far deceptive, as it confounds scrupulous Republicans with their adversaries in the votes against a Legislative censure on the Grand Jury.
not understand the presentment was vindicated posiThe unfavorable actively by a single member in the Debate. counts as to our three Plenipo's got to Richmond while I was there, by the way of Norfolk. It seemed to give extreme uneasI did

iness to the

warm and
war on

who saw means put in the hands of her partizans for warping the public mind towards Monarchy. This consideration certainly merits
in a

the side of

well-informed friends of Republicanism, A England the most formidable

have a

the strictest regard as an argument for peace, as long as we fair choice on the question. The Public will have a

right to expect, also, from our Executive and the negotiators, the fullest communication of every circumstance that may attend

The British Treaty has the experiment; if it should miscarry. difficulties in the such of an way adjustment, that nothplaced most cordial but the on both sides can overdispositions ing
come them; and such have been the indications on the
our Executive, even during the negociation, that
if
it

side of

will not be

easily believed, in case of a rupture, that it not caused, by our own counsels.

was not promoted,

of open weather, with plentiful rains This has been favorable to our winter operations, but otherwise to some of those of nature, [?] particularly in our wheat fields, which continue to present the most
fine spell

We

have had a

at proper intervals.

unpromising aspect.

Accept the most affectionate farewell.

1798.

LETTERS.
TO JAMES MONROE.
Febr

123

5, 1798.

DEAR

SIR,

The

calls of

my

carpenters, and the

fineness of

the weather, have induced me to hurry my wagon up for the nails. It will receive the few articles which you have been so as to offer from the superfluities of your stock, and which good

circumstances will permit me now to lay in; to wit, Two table cloths for a dining-room of about 18 feet; two, three, or four,
as

may be

convenient, for a

which will not in the used; and two mattresses.

kins,

more limited scale; four dozen napleast be objectionable for having been

We are

so little acquainted with the

culinary utensils in detail, that it is difficult to refer to such by conname or description as would be within our wants. clude it best, therefore, not to interfere with any opportunity

We

you may have of gratifying your other friends, and to reserve our demands on your kindness till we can have the pleasure of seeing you, as well as have it in our power to compare the undisposed-of remains with our probable wants. I found here a letter from Mr. Jefferson, of the 24th January. The following are extracts: "A letter is certainly received here

from Talleyrand, which says our envoys have been heard, that their pretensions are high, that possibly no arrangement may take place, but that there will be no declaration of war by France. It is said that Bournonville has written that he has r hopes of an accommodation, (three audiences having then, Nov member of a new 3, been had,) and to be himself a diplomatic
mission to this country.
as to

On

the whole, I

am

entirely suspended

"Very acrimonious altercations are going on between the Spanish Minister and the Executive,
is

what

to be expected."

and at the Natchez something worse than mere

&c." ren

altercations,

You
field

will recollect the idea in our conversation, that a

war with Spain would be courted

avidity.
I inclose the

as a succedaneum for the bar-

presented by one with Prance to the privateering

of.

of course be careful

paper mentioned to you, which you will It is a curious specimen of Jay's rehis ad-

gard for instructions in making the British Treaty, as

124

WORKS OF MADISON.

1798.

dress, or rather petition, to his Majesty, is of that manly bestow on him. spirit which Scipio labors to

and

in-

dependent Mrs. Madison and the family to Mrs. Monroe.

offer their affectionate respects

Yours

truly,

Calling to mind the difficulty you may experience from the general failure of the potato crop last year, I beg you to accept by the bearer a couple of bushels, which may furnish the seed

Mrs. Madison insists on your garden, if nothing more. few Monroe a Mrs. for pickles and preserves, with half adding a dozen bottles of gooseberries and a bag of dried cherries, which will not be wanted by us till another season will afford a supply, and which the time of your return home must have
for

we

both wish deprived her of, as the fruit of the last season. could substitute something more worthy of acceptance.

We

TO THOMAS JEFFERSON.
ORANGE, Feb?
12, 1798.

DEAR SIR, The last mail brought neither letters nor papers from Philadelphia. By the preceding one I received your favor of Jany 24, and a bundle of the Gazettes down to the 25th, inclusive, with an omission only of that of the 23d, which it may be proper for you to supply in order to keep your set entire.
Your account
Paris
here.
crisis.
is less

of the probable posture of the negociation at decisively unfavorable than the reports prevailing It will be happy if a good issue should result from the

have great apprehensions from two sources: 1. which the negociation will be conducted on the side of our Executive, if not on the other side also. 2. The real difficulties which the British Treaty has thrown in the way. It is pretty clear that France will not acquiesce under the advantage which that insidious instrument gives to her enemy, and the House of Rep s at the last session, admitted that the
I

But

The

spirit in

1798.

LETTERS.

125

condition of the two nations ought to be equalized. How can this now be done? In one of two ways only: either by dissolving the British Treaty, or by stipulating with France that she

may

plunder der us.

us, as

we have

stipulated that Britain

may

plun-

the first mode, the objections on the American side are To the second, will not France refuse so far to sancobvious.
tion the principle that free ships do not make goods free, as to enter into a positive stipulation to that effect, chusing rather to equalize her own situation on the principle of retaliation, which

To

indirectly supports instead of surrendering her favorite object? Should this be her course, the U. S. will have no option but to

go directly to war in defence of the British Treaty, which was adopted as a defence against war, and in defence of the principle that free ships do not make free goods, in opposition both to their own principles and their essential interests, or to go indirectly to war, by using the frigates as convoys, and arming private vessels, of which the owners and mariners will often be British subjects, under American colours; or to some defensive regulation of a commercial nature. The first will not be done,
because the people are not yet confided in to tolerate it. The last will not be done, because it will be difficult to frame such

a regulation as will not injure Britain, as well as ourselves, more than France. The second expedient I conclude, therefore,
will be persisted in; and as there is likely to be a majority ready to back the hostility of the Executive, the best that can

be done by the Republicans will be to leave the responsibility on the real authors of whatever evils may ensue. I am not surprized at the extremity to which the dispute at the Natchez is pushed. I never had a doubt that in proportion as war with France is contemplated, a war with Spain will be

provoked by the present administration. The former would not be relished, even by the New England privateers, without A war with the prospect of plunder presented by the latter. Spain would also be a most convenient grave for the misdemeanours of Listen and his partizans. I returned from Albemarle on Monday last, where I con-

126

WORKS OF MADISON.

1798.

suited with your nailer on the subject of the sprigs and lathing nails not included in the parcels prepared for me. I found that

the cutting machine has never been re-established, and I did not request that their slight kind of nails should be made in the

you mean, however, that the machine shall be set up again, or if it be a part of your plan to make such nails in the common way, there will be time enough for either before I was at Mr. Randolph's, and found all I shall want them. well there, as you will doubtless learn to be the case from him-

common way.

If

self.

was astonished

to find that even

Monroe himself had not

yet seen a printed copy of his publication. In the mean time, Scipio's misrepresentations and sophistries are filling the public

mind with

Where

the poison which P.'s malice can distil into it. book is not seen first, and an antidote does not quickly follow from the same centre which gives circulation to the poison, innocence and truth cannot have fair play. Present my friendly respects to Mr. Giles, who, I hear, has gone on to Philadelphia; also to Mr. Tazewell and Mr. Dawall

the

son.

have been sorry to hear of the ill health of the former. As I perceive by the votes in the Senate that he has resumed his seat, I hope he is well again.
I

Yours always and

affectionately.

TO THOMAS JEFFERSON.
Febr, 1798.

DEAR

SIR.

Since

my

last I

have received yours of Feby

8,

with a continuation of the Gazettes

down

to that date, with the

exception only, mentioned already, of the Gazette of Jan 7 23. I am glad to find the public opinion to be taking the turn you describe on the subject of arming. For the public opinion alone

can

now
8
,

ecutive

save us from the rash measures of our hot-headed Exit being evident from some late votes of the House of

Rep

particularly in the choice of managers for the Impeach-

1798.

LETTERS.

127

ment, that a majority there, as well as in the Senate, are ready to go as far as the controul of their constituents will permit. There never was, perhaps, a greater contrast between two
characters than between those of the present President and his predecessor; although it is the boast and prop of the present that he treads in the steps of his predecessor. The one, cool,

and cautious; the other, headlong, and kindled into flame by every spark that lights on his passions the one, ever scrutinizing into the public opinion, and ready to follow, where he could not lead it; the other, insulting it by the most adverse
considerate,
:

sentiments and pursuits.

Washington a hero

in the field, yet

overweighing every danger in the Cabinet: Adams without a single pretension to the character of a soldier, a perfect Quixchief magistrate pursuing peace the sincerity, though mistaking the means latter taking as much pains to get into war as the former took The contrast might be pursued into a varito keep out of it.
otte as a statesman.

The former

every where with

ety of other particulars the policy of the one in shunning connections with the arrangements of Europe, of the other in hold-

ing out the United States as a make-weight in the Balances of power the avowed exultation of Washington in the progress of liberty every where, and his eulogy on the Revolution and
;

people of France, posterior even to the bloody reign and fate of Robespierre; the open denunciations by Adams of the smallest
disturbance of the ancient discipline, order, and tranquillity of despotism, &c., &c., &c.

but worst of

is bad enough every way, a becoming topic of tedious and disgraceful debates in Congress. There certainly could be no necessity for

The

affair of

Lyon and Griswold

all in

removing

it from the decision of the parties themselves before that tribunal, and its removal was evidently a sacrifice of the dignity of the latter to the party manoeuvre of ruining a man

whose popularity and activity were feared. If the state of the House suspended its rules in general, it was under no obligation to see any irregularity which did not force itself into public notice; and if Griswold be a man of the sword, he should not have permitted the step to be taken; if not, he does not de-

128

WORKS OF MADISON.
who
is

1798.

serve to be avenged by the House.

another with cowardice

No man ought to reproach not ready to give proof of his

own
I

courage.

have taken some pains, but in vain, to find out a person who will engage to carry the mail from Fredericksburg to Charlottesville.

neighborhood of the latter I suggested the propriety of an effort there for the purpose, but do not know that it will be more successful. Our winter has continued without snow, and rather dry, and
I

When

was

in the

our wheat

fields

wear the most discouraging

Adieu.

aspect.

TO THOMAS JEFFERSON.
March
4, 1798.

DEAR SIRMr. Tazewell's speech is really an able one in defence of his proposition to associate juries with the Senate in cases of impeachment. His views of the subject are so new to me, that I
ought not to decide on them without more examination than I have had time for. My impression has always been that impeachments were somewhat sui generis, and excluded the use of
Juries.

The terms of

the

amendment

to the Constitution are

indeed strong, and Mr. T. has given them, as the French say,

But it is at least questionable whether an apof that amendment to the case of impeachments would plication not push his doctrine farther than he himself would be disposed
all their lustre.

to follow
It

it.

would seem, also, that the reservation of an ordinary trial a by jury must strongly imply that an impeachment was not to be a trial by jury. As removal and disqualification, the punishments within the impeaching jurisdiction, were chiefly intended for offices in the Executive line, would it not also be difficult to exclude Executive influence from the choice of juries? or would juries armed with the impeaching power, and under the influence of an unimpeachable Tribunal, be less formidable than the

power as hitherto understood

to

be modified?

1T98.

LETTERS.

129

universality of this power is the most extravagant novthat has been yet broached, especially coming from a quarelty ter that denies the impeachability of a Senator. Hardy as

The

hold

these innovators are, I cannot believe they will venture yet to this inconsistent and insulting language to the public. If

the conduct and sentiments of the Senate on some occasions were to be regarded as the natural and permanent fruit of the
institution, they

in all

ought to produce not only disgust, but despair, are really attached to free Government. But I cannot help ascribing some part of the evil to personal characters, and a great deal of it to the present spirit of the Constituents

who

of the Senate.

Whenever
it

the State Legislatures resume the

will probably be seen that the tone of their Representatives will vary also. If it should not, the inference will then be unavoidable that the present Constitution

tone natural to them,

is at war with the public liberty. If the countervailing act of G. B. does not open the mouths and eyes both of the Eastern Carriers, it will be a political phenomenon without example. In the year 1789, G. B. had

of the Senate

about 230, and America 43 thousand of the tonnage in the mutual trade. The encouragements given by Congress, and which G. B. did not dare to countervail till Jay tied our hands from continuing the advantage on the side of America, have brought

up the American share

to about one-half.

The bounties now

secured to the British tonnage will pretty certainly reduce our

proportion below its original scantiness.* And if the French, as may be expected, should suffer their disgust at the British Treaty to dictate their navigation policy towards us, Jay will have accomplished more than perhaps was ever done by the

same personal talents; he will have annihilated the marine of a maritime Country by a single stroke of his pen, and, what is still more extraordinary, received the plaudits of the victims

whom he has sacrificed. I am curious to see how

the zealots for expelling

Lyon
affair

will

treat the deliberate riot of Griswold.

*

The whole

has
M.

This prevented

by

the

war

in

Europe and the neutrality of the U.

S.

J.

VOL.

II.

WORKS OF MADISON.

1798.

been extremely disgraceful; but the dignity of the Body will be wounded, not by the misconduct of individual members, which no public body ought to be answerable for, but by the misconduct of itself, that is, of a majority; and it is to be feared that
the majority in this case are ready for every sacrifice to the The greatest sinners infatuates them. spirit of party which who forced the offensive Sewall and are them Harper, among
business on the House.

have had lately 4| inches of snow. On the 22nd, howthe ever, day on which it was snowing, as you observe in your it was letter, throughout fair here. On the 21st, day and night
together, there fell f of an inch, and on the night of the 23rd, of an inch of rain.

We

Yours always and

affectionately.

TO THOMAS JEFFERSON.

DEAR

SIB,

*****
March
to the

12th, 1798.

Whigs acted very properly in attending the Birthon the night, principle of appropriating it to the person, and not to the office of the late President. It is a pity that the nonattendance of the Adamsites is not presented to the public in such a manner, with their names, as to satisfy the real friends of
I think the

Washington, as well as the people generally, of the true principles and views of those who have been loudest in their hypocritical professions of attachment to him.

The proceedings relative

Stamp act mark strongly two

things: one, that the public feeling is not, as is pretended, in unison with the measures of the Government; the other, that it
will,

whenever

it
8
,

shews

itself,

the H. of

Rep

and no doubt,

direct immediately the course of The finally, the Senate also.

Eastern votes for the repeal are a demonstration of both these

truths.

The enclosed paper

contains all the information I possess on

1798.

LETTERS.

131

-the subject of Mazzei's cargo of books. Notwithstanding the lapse of time, I have never had a single return of sales. Whilst

Congress sat in New York, I repeatedly enquired of Rivington, without learning that any had taken place. I beg you to preserve and return the paper.

have had warm and dry weather for ten days which gave us a fine rain. The wheat fields day,
retain their sickly countenance. impossible to replace the seed,

We

till

yesterin general

In many places

it is

thought

and it seems certain that the will be whatever very short, ensuing crop change for the better in the of residue the season. Great efforts are genmay happen
erally on foot for crops of Tobacco.

TO THOMAS JEFFERSON.
April 2d, 1798.

DEAR

SIR,

Since

my

last, I

am

in debt for

your two favors

of the 15th and 22, the Gazettes of the 3, 6, 7, and 8 ult., with a regular continuation to the 22d; two statements from the Treasury Department, and Paine's letter to the French people

and armies.

The President's message is only a further development to the public of the violent passions and heretical politics which have been long privately known to govern him. It is to be hoped,
8 however, that the H. of Rep will not hastily echo them. At least it may be expected that, before war measures are instituted, they will recollect the principle asserted by 62 vs. 37, in the

case of the Treaty, and insist on a full communication of the The intelligence on which such measures are recommended.

present is a plainer, if it be not a stronger case; and if there has been sufficient defection to destroy the majority, which was

then so great and so decided, yet appeared in our Councils.

it is

the worst

symptom

that has

The constitution supposes, what the History of all governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it. It has, accord-

WORKS OF MADISON.
the question of ingly, with studied care, vested

1798.

war in the Legisat the root of strike advanced the doctrines But lature. lately of the Country the and will all these provisions, peace deposit
Department which the Constitution distrusts as most For if the opinion of the ready, without cause, to renounce it. President, not the facts and proofs themselves, is to sway the judgment of Congress in declaring war; and if the Pres' in the
in that

recess of Congress create a foreign mission, appoint the Minister, and negociate a war Treaty, without the possibility of a

check, even from the Senate, until the measures present alternatives overruling the freedom of its judgment; if, again, a Treaty, when made, obliges the Legislature to declare war contrary to
its

judgment, and, in pursuance of the same doctrine, a law declaring war imposes a like moral obligation to grant the requisite supplies until it be formally repealed with the consent of
the P. and Senate, it is evident that the people are cheated out of the best ingredients in their Government, the safeguards of

peace, which
I like

is

the greatest of their blessings.

both your suggestions in the present crisis. Congress ought clearly to prohibit arming, and the President ought to be brought to declare on what ground he undertook to grant an
indirect licence to arm.

The

first

instructions

were no other-

wise legal than as they were in pursuance of the law of nations, The and, consequently, in execution of the law of the land.
revocation of the instructions
is a virtual change of the law, and consequently a usurpation by the Executive of a legislative power. It will not avail to say that the law of nations leaves this point undecided, and that every nation is free to decide it

for itself.
tive,

If this be the case, the regulation being a Legislanot an Executive one, belongs to the former, not the latter " authority, and comes expressly within the power, to define the law of nations," given to Congress by the Constitution. I do not expect, however, that the Constitutional party in the H. of 8 Rep is strong enough to do what ought to be done in the pres-

ent instance.
2 d idea, that an adjournment for the purpose of consulting the constituents on the subject of war, is more practicable,

Your

1798.

LETTERS.
it

133
if it pleases,

because

can be effected by that branch alone,

and

because an opposition to such a measure will be more striking

The expedient is the more desirable, as it to the public eye. will be utterly impossible to call forth the sense of the people
generally before the season will be over, especially as the towns, &c., where there can be most despatch in such an operation, are

on the wrong

side;

and

it is

to be feared that a partial expres-

sion of the public voice evidence in favor of the

may be misconstrued

or miscalled an

On what do you ground party. the idea that a declaration of war requires ds of the Legislature?

War

The

by
or

this mistake; for it

may

force of your remark, however, is not diminished remains true, that measures are taking, be taken by the Executive, that will end in war, con-

trary to the wish of the

Body which alone can declare

it.

TO THOMAS JEFFERSON.
April 15, 1798.

answered yours of the 21st, since which SIR, My I received on Friday last your three favors of the 29 ult., of April 5 and 6. I have no reason to suspect that any of your I am less letters have miscarried, or been opened by the way. able to say whether mine have all reached you, as I have generally written them in haste, and neglected to keep a note of their dates. I will thank you to mention in your acknowledgement of this whether you received one from me inclosing a letter to F. A. Muhlenberg, and whether he certainly received it. It related to a case of humanity, and required an answer, which
last

DEAR

has never come to hand.

The

effect of the President's

at,

wondered

tendency, is ing them is rather meeting folly with folly than consulting the true dignity and interest which ought to prescribe such cases.

speech in France is less to be than the speech itself, with other follies of a like to be deplored. Still, the mode and degree of resist-

The conduct of Talleyrand

credible.

is

so extraordinary as to be scarcely

I do not allude to its depravity, which,

however

134
heinous,
is
is
fills

WORKS OF MADISON.

1798.

what
Is
it

not without examples. Its unparalleled stupidity one with astonishment.

possible that a

man

of sagacity, as he

is

admitted to be,

has lived long enough in this Country to understand the nature of our Government; who could not be unaware of the impossibility of secrecy, and the improbability of success, in

who

pursuing his propositions thro' the necessary forms; who must have suspected the Executive rather of a wish to seize pretexts for widening the breach between the two Republics, than to make use of any means, however objectionable, to reconcile their

who must have been equally suspicious of the probable inclination of some one or other of the Envoys; is it posdifferences;

a man, under such circumstances, could have committed both his character and safety by such a proposition? If the evidence be not perfectly conclusive, of which I cannot judge, the decision ought to be against the evidence, rather
sible that such

than on the side of the infatuation.

ever, the zeal

It is easy to foresee, howand plausibility with which this part of the despatches will be inculcated, not only for the general purpose of

enforcing the war measures of the Executive, but for the particular purpose of diverting the public attention from the other more important part, which shews the speech and conduct of
the President to be

now the great obstacle to accommodation. This interesting fact must, nevertheless, finally take possession of thinking minds, and strengthen the suspicion, that whilst the Executive were pursuing ostensible plans of reconciliation,
and giving instructions which might wear that tendency, the success of them was indirectly counterworked by every irritation aud disgust for which opportunities could be found in official speeches and messages, answers to private addresses, harangues in Congress, and the vilest insults and calumnies of
newspapers under the patronage of Government. The readiness with which the papers were communicated, and the quarter proposing the call for them, would be entitled to praise, if a mass of other circumstances did not force a belief that the view in both was more to inflame than to inform the
public mind.
It is not

improbable that the influence of the

1798.

LETTERS.

135

impressions in checking the rising spirit in N. England, and bearing up the party of Jay in N. York, whose re-election is brought into danger by the pestilent consequences experienced from his Treaty, had considerable share in the motive. The negative declaration proposed by Mr. Sprigg is liable to
first

specious objections, that I shall be surprised if a willing majority does not take advantage of them. In ordinary cases, the mode of proceeding is certainly ineligible; but it seems
so

many

equally obvious that cases may arise for which that is the proper Three of these occur where there does not appear any one.

room

to

doubt on the subject:

1.

Where nothing

less

than a

declaration of pacific intentions from the Department entrusted with the power of war will quiet the apprehensions of the constituent body, or remove an uncertainty which subjects one part

of them to the speculating arts of another. 2. Where it may be a necessary antidote to the hostile measures or language of If war sentiments be delivered in a the Executive Department. of a direct answer, and the senadmits to which speech Congress timents of Congress be against war, it is not doubted that the counter sentiments might and ought to be expressed in the an-

Where an extra message delivers like sentiments, and custom does not permit a like explanation of the sentiments of the Legislature, there does not appear any equivalent mode of making it, except that of an abstract vote. 3. Where public measures or appearances may mislead another nation into distrust of the real object of them, the error ought to be corrected;
swer.

Government, where the question of war or peace lies with Congress, a satisfactory explanation cannot issue from any

and

in our

other Department.

In Governments where the power of deciding on war is an Executive prerogative, it is not unusual for explanations of this kind to be given, either on the demands of foreign nations, or in order to prevent their improper suspicions. Should a demand
the answer must the war prefrom an Executive functionary, proceed, could be answer if an and that from is, Congress; rogative, cerdemand a on a without declaration may demand, given

of this sort be at any time

if thro'

made on our Gov

136
tainly be for it.

WORKS OF MADISON.
made with equal

1798.

propriety, if there be equal occasion

A.'s dislike to the City of Washington will cause strong emotions. What sort of conscience is that which feels an obligation on the Gov* to remove thither,

The discovery of Mr.

and a liberty to quit it the next day ? The objection to the magnificence of the President's House belongs to a man of very The increase of exdifferent principles from those of Mr. A.
pense, therefore, without a probable increase of salary in proportion, must be the real ground of objection. I have looked over the two papers which you consider as so

threatening in their tendency.

They do
nor

not, I

own, appear to
satisfied

me

exactly in the

same

light;

am

by any means

If they are, that they are from the pen you ascribe them to. there certainly has been a disguise aimed at in many features of the style. I differ still more from you as to the source from
if necessary, ought to come. But waiving a and of there crowd that sort, is really weight of every thing

which an antidote,

indispensable occupations on my time, which it would be very tedious to explain, but which I pledge myself will justify me in leaving such tasks to others, not only commanding more time
for them, but in every respect

more favorably situated for executing them with advantage and effect. And it is with no small pleasure I observe that some pens are employed which promise
the public all the lights with respect to their affairs which can be conveyed to them thro' the channels of the press. It is now become certain that not half crops of wheat can be made. Many will not get back more than their seed, and some not even that. We have lately had a severe spell of N. E. rain,

which, in this neighborhood, swept off at least 15 per cent, of the cattle; and from accounts in different directions, it appears to have been equally fatal. are at present in the midst of

We

The tops of the spell, which menaces the fruit. blue mountains are tinged with snow, and the thermometer this morning was at 31. It does not appear, however, that the mischief is yet done. The coming night, if no sudden change takes place, must, I think, be fatal.
a cold N.

W.

1798.

LETTERS.

137

If Mr. Bailey has not yet taken up his note, be so good as to have the enclosed forwarded to him.

TO THOMAS JEFFERSON.
April 22d, 1798.

SIR, 15th, and acknowledged My your preceding letters. I have since received that of the 12th, under the same cover with the Gazettes; and the instructions and despatches under a separate cover. The interruptions of
last

DEAR

was on the

company, added

to the call of business,

have not

left

me

time as

glance at them, yet to read over the whole of those papers. with the extracts given of their contents, fully account for the

produced in the public mind. And yet the circumstance that ought to astonish most, perhaps, is the publication of them by the Executive and Senate.
state of astonishment

Whatever probability there may be of individual corruption within the pale of the French Gov', the evidence is certainly very insufficient to support such an attack on its reputation in
from
the face of the world, even if we could separate the measure its inevitable effect in blasting every chance of accommodation, if
settled.
it

should reach France before terms shall be finally

After this stroke in the politics of those two branches of our Government, no one who has not surrendered his reason

can believe them sincere in wishing to avoid extremities with

the French Republic; to say nothing of the internal views to which they mean also to turn this extraordinary manoauvre.

There has not been time for any impressions on the public sentiment in this quarter, which the Despatches are calculated to make. The first will, no doubt, pretty much correspond with those made elsewhere. But the final impressions will depend on the further and more authentic developments, which cannot be far behind, and which by this time may be arrived where you are. I find that in several places the people have turned out with their protests against the war measures urged by the
Executive.

Whether

the proceeding will be general, I cannot

138

WORKS OF MADISON.

1798.

pretend to decide. In this County, a petition is to be handed about, which will, I presume, be pretty fully signed, if sufficiently circulated; unless the disaffected few among us should be em-

boldened by the present crisis to circulate along with it the impressions emanating from the Despatches, which may stop the

hands of wavering or cautious people.

TO THOMAS JEFFERSON.
April 29, 1798.

DEAR
last mail

SIR,

My

last

was on

the 22d.

was of

the 19th inst.

Yours received by the The despatches have not yet

sufficiently to the knowledge of the bulk of the people to decide the impression which is to result from them. As far as I can infer from the language of the few who have read the

come

newspapers, there will be a general agreement as to the improper views of our own Executive party, whatever difference
of opinion there may be as to the purity of the French councils. Indeed, the reflexion of others, as well as my own, traces so

many

absurdities and improbabilities in many of the details, that the injustice seems equal to the temerity of publishing such a libel on the French Government. Col. Monroe lodged with
ine last night

on his way to the District Court at Fred 8

He

considers the transaction as evidently a swindling experiment, and thinks the result will bring as much derision on the Envoys
bill is likely to

am sorry to learn that the Naval be carried, and particularly that any of our friends should, by their leaving Congress, be accessory to it. The public sentiment here is unquestionably opposed to every
as mischief on the Country. I

measure that may increase the danger of War. Petitions, expressive of it, will be signed by all to whom they are presented,
with such exceptions only as may be guessed at. It appears, however, that the crisis is over for their effect on Congress, if there were a disposition there to listen to them.
I take the liberty of subjoining a list of a few articles not to be got out of Philadelphia, and so important to my present ob-

1798.

LETTERS.

139

ject that I break through every restraint from adding to the trouble, of which you have more than enough. I hope the com-

mission
able to

facilitated by your previous acquaintance with which the places at they are to be had, and that you will be

may be

make

use of the time of others chiefly for the purpose.

If J. Bringhurst should be in the way, he will readily relieve you from all attention to the details. I wish them to be for-

warded

to

"

Esq., at Falmouth." the purchase.

Fredericksburg, to the care of Robert Dunbar, The enclosed draught will be a fund for

Adieu.

Affectionately.

TO THOMAS JEFFERSON.
May
5, 1798.

DEAR
nit.

SIR,
last

have to thank you for your favor of the 26th

My

was of the 29th.

The

success of the

war party

in turning the Despatches to their inflammatory views is a mortifying item against the enlightened character of our citizens.

The

analysis of the Despatches by Sidney cannot fail to be an

any appeal to sober reflection can prevail which are constantly addressing their imagainst occurrences aginations and feelings. The talents of this writer make 'it lucky that the task has not been taken up by other hands. I
effectual antidote, if

am

glad to find, in general, that everything that good sense and accurate information can supply is abundantly exhibited by the

newspapers to the view of the public.

It is to be regretted that these papers are so limited in their circulation, as well as that the mixture of indiscretions in some of them should conIt is to be hoped, however, that any arbitrary attacks on the freedom of the press will find virtue enough remaining in the public mind to make them recoil on

tribute to that effect.

the wicked authors.

No

other check to desperate projects

faction ought not,

seems now to be

left.

The sanguinary

how-

ever, to adopt the spirit of Robespierre, without recollecting

140

WORKS OF MADISON.

1798.

the shortness of his triumphs and the perpetuity of his infamy. The contrivance of Jay for reproducing Hamilton into office

and notice suggests, no doubt, a variety of conjectures.

it

If the

contrivance is to be ascribed chiefly to Jay, probably originated in the alarm into which the consequences of the Treaty

have thrown
of
its

its

author,

and the new demand

for the services

champion. Events have so clearly demonstrated the great objects of that Treaty to have been to draw us into a quarrel
B.,

with the enemies of G.

and

to sacrifice our navigation to

hers, that it will require greater efforts than ever to skreen the

instrument and author much longer from the odium due to them. The late acts of the B. Par* would, before this, have unmasked the character of the Treaty, even to the people of N. England,
if

with fresh dust for their eyes.

adventitious circumstances had not furnished its partizans tax on land, with a loss of

market

for its produce, will put their credulity and blindness to a test that may be more dreadful to the Deluders.

have had a dry spell latterly, which, succeeding the effects of the frost, will affect every species of crop that depends on I write to Mr. Dawson by this post the favor of the season.
for a small balance,

We

beg you

between thirty and forty dollars, which I You will further oblige me by having my brother William's name subscribed to Carey's paper, and paying the necessary advance; the paper to be sent to Orange Ct. House.
to receive.

TO THOMAS JEFFERSON.

May

13, 1798.

I have received your favor of the 3d Inst. last acknowledged your preceding one. The successful use of
SIR,

DEAR

My

the Despatches in kindling a flame among the people, and of the flame in extending taxes, armies, and prerogative, are solemn lessons, which I hope will have their proper effect when the infatuation of the moment is over. The management of foreign relations appears to be the most susceptible of abuse of all the

1798.

LETTERS.

trusts committed to a Government, because they can be concealed or disclosed, or disclosed in such parts and at such times as will best suit particular views; and because the body of the people are less capable of judging, and are more under the in-

on that branch of their affairs, than of any Perhaps it is a universal truth that the loss of liberty at home is to be charged to provisions against danger, real or pretended, from abroad. The credit given to Mr. Adams for a spirit of conciliation towards France is wonderful, when we advert to the history of his irritations, from the first name in the Envoyship, down to his last answer to the addressers. If he finds it thus easy to play on the prepossessions of the people for their own Gov* against a foreign, we ought not to be disappointed if the same game should have equal success in the hands
fluence of prejudices,

other.

of the Directory.

We have had little or no rain for a month, and the evil has been increased by much windy and cold weather. The thermometer yesterday morning was at 38, and the frost such as
low situations. I hope now from the thorny seat in which you you are placed, and that I shall not be disappointed of the pleasure of seeing you on your way. You must so arrange your time as to be able to ride a mile, while with me, to see a threshing-machine I have lately built on Martin's plan. It is worked and attended by five or six hands at most, and I think promises more
to kill the leaves of tender trees in

will soon be released

I shall not for general use than all the other modifications. describe it, because your own inspection will so soon give you

a more perfect idea of

it.

Yours always and

affectionately.

1 received

bridle

is

no paper by last mail but Fenno's. not yet put on the press.

I hope the

142

WORKS OF MADISON.
TO THOMAS JEFFERSON.

1798.

DEAR SIRThe Alien

bill

*
is

May *

20. 1798.

proposed in the Senate

a monster that must

forever disgrace its parents.* I should not have supposed it possible that such an one could have been engendered in either

House, and still persuade myself that it cannot possibly be It is truly to be deplored that a standing fathered by both. let in upon us by the absence of a few sound be army should These addresses It may, however, all be for the best. votes.
to the feelings of the people from their enemies may have more effect in opening their eyes than all the arguments addressed to

Every answer he gives to his addressers unmasks more and more his principles and views. His language to the young men at Phil* is the most abominable and degrading that could fall from the lips of the first magistrate of an independent people, and particularly from a Revolutionary patriot. It throws some light on his meaning when he remarked to me, " that there was not a single principle the same in the American and French Revolutions;" and on my
alluding to the contrary sentiment of his predecessor, expressed to Adet on the presentment of the Colours, added, "that it was The abolition of Royalty was, false, let who would express it."
it

their understandings by their friends. to be co-operating for the same purpose.

The Pres1

also,

seems

Whether he seems, not one of his Revolutionary principles. always made this profession is best known to those who knew

in the year 1776. The turn of the elections in N. Y. is a the late that occurrences have increased the noise only, proof and not the number of the Tory party. Besides the intrinsic

him

Quere: As to the difference between the tenor of the bill here referred to bill as subsequently modified? Mr. Jefferson says in a succeeding letter of 24th, " the Alien bill of the Senate still hangs before them. Some of its features have been moderated, which has so much disgusted its warmest friends that

and the

some of them have declared they

they

will vote against

it,

so that I think

it

possible

he says, " it has been considerably mollified, particularly by a proviso saving the rights of Treaties."

may

reject it."

And

in his letter of the 31st

1798.

LETTERS.

143

value of the acquisition, it will encourage the hopes and exertions in other States. You will see by the newspapers the turn -which a Town-meeting took in Fredericks 8 I forgot to acknowledge the pamphlet containing the last Despatch from the
.

Envoys, received with your letter of the 10th.

It is evidently

more in the Forensic than Diplomatic style, and more likely in some of its reasonings to satisfy an American Jury than the French Government. The defence of the provision article is the most shallow that has appeared on that subject. In some instances the reasoning is good, but so tedious and tautologous
as to insult the understanding, as well as patience, of the Directory, if really intended for them, and not for the partial ear of the American public.

The want of rain begins to be severely felt, and every appearSince the 10th of April ance indicates a continuance of it. there has fallen but one inch of water, except a very partial
shower of
less

than

an inch. Adieu.

Affectionately.

TO THOMAS JEFFERSON.

May

27, 1798.

DEAR SIR, I have duly received yours of the 17th, accompanied by the Direct tax bill, which I have not yet been able to run thro'. Everything, I perceive, is carried as the war party
They will of course be the more responsible for consequences. The disposition to continue the Session is a proof that the operation of the irritating proceedings here on those of
chuse.

France is expected to furnish fresh fuel for the popular flame, and to favor the success of the Executive projects in the LegisIt is to be deplored that we have no authentic and imlature. channel thro' which the true state of things in Europe, partial in can reach the public mind of this CounFrance, particularly
try.

The present temper of

the

all that passes thro'

them; and

if this

Envoys cannot fail were not the

to discolour
case, the ob-

144

WORKS OF MADISON.

1798.

of

vious policy of the Executive is a complete bar to the disclosure all other than inflammatory communications. The inclosed accurate and authentic view of that "stupen-

dous fabric of human wisdom," which Mr. A. idolizes so much,

At

deserves, I think, the public attention at the present moment. the request of Callender, I promised several years ago to
it to

send
ago,

him, but never could lay

it fell

my hand

on

it till

a few days
If
let the

you have an opportunity, and think it public have a sight of it; and, for the reason just mentioned, I could wish, if there be no objection, that it might pass thro his hands. As the paper is of some value, it may be well to preserve it, in case it should not be republished, or in case a part only should be so. There have been pretty extensive, but not universal rains since my last. This neighbourhood has been but barely touched by them. I have not heard from yours.
worth while, you can
7

when

in

my way

without being sought

for.

Adieu.

Affectionately.

TO THOMAS JEFFERSON.
June
3, 1798.

DEAR
The

SIR,

Friday's mail brought

S.

me your favour of May

24.

Bourne had previously reached us thro' a Fred 8 paper. It is corroborated, I find, by several accounts from different sources. These rays in the prospect will, if I can judge from the sensations in this quarter, have an effect on the people very different from that which appears in the public councils. Whilst it was expected that the unrelenting temper of France would bring on war, the mask of peace was worn by the war Now that a contrary appearance on the side of France party. is intimated, the mask is dropped, and the lie openly given to their own professions by pressing measures which must force France into war. I own I am not made very sanguine by the reported amendment in the posture of our negociators, first, beletter

from

1798.

LETTERS.

145

may not be very correct, and next, because there are real difficulties to be overcome, as well as those which the pride of one or other of the parties may create, not to mencause the account
tion the probable arrival of what has passed here before the scene is closed there. But the palpable urgency of the Executive and its partizans to press war in proportion to the apparent chance of avoiding it, ought to open every eye to the hypocShould risy which has hitherto deceived so many good people.

no such consequence take place, it will be a proof of infatuation which does not admit of human remedy. It is said, and there
are circumstances which

make me

believe

it,

that the hot-headed

proceedings of Mr. A. are not well relished in the cool climate of Mount Yernon. This, I think, may fairly be inferred from
pressed,

the corttrast of characters and conduct; but if it has been exit must have been within a very confidential circle.

rains.

there has been a sequel of fine and extensive have had a tolerable, though not an equal or sufficient share of them. Your neighbourhood, I fancy, has fared

Since

my

last,

We

better.

If

Barnes has not sent

order as
latter.

much

off the glass, pullies, &c., please to of the proper chord as will be wanted for the

Very

affectionately yours.

TO JAMES MONROE.
June
9th, 1798.

DEAR SIR, Your favor of yesterday was duly delivered by your servant; and I herewith enclose the copies you request of the papers formerly transmitted to me. The originals I shall forward to Mr. D., as you suggest. I send, also, your letter to Van Staphorst, and his answer, which I found with the other papers, and which may possibly be of use now or hereafter in
The other papers enrefreshing your memory, or otherwise. closed in your letter are also returned, as you desire.
VOL.
II.

10

146

WORKS OF MADISON.

1798.

The base attack of Addison I had neither seen nor heard of. Doctr Edwards' letter and the two certificates added to your book meet it in all its points. The publication of the two former must place the vile calumniator in a light that must make him odious to honest men, whatever effect they may have on
himself or his unprincipled abettors. It may deserve consideration how far the unnecessary passages of a personal nature in

Doctor E.'s

letter

sive allusion to Vanity, &c.,

ought to go to the press. I mean the offenand the mention of the names of
<fec.

however, the better judge on these points, and will no doubt suggest to Mr. D. what you decide to be done. The sortie of Mr. Adams presents, as you observe, more diffiWhitesides,
are,

You

On one hand, silence may beget misconstruccult questions. On the other, it is not easy to tions from opposite quarters. find an unobjectionable, and at the same time adequate mode
of repelling the aggression. repetition of your demand for the reasons of your recall does not appear eligible after what

has passed on that subject, though it must be owned the ground taken by Pickering is materially changed by the language of Mr. Adams. Any summons of a personal nature on Mr. Adams

by the considerations you have glanced at. perhaps, unworthy of consideration, that in the present composition and spirit of the two Houses anything like an occasion may be seized for wreaking party revenge through the forms of the Constitution. It is even possible that the fury of the moment may have suggested the unwarrantable attack as a snare that might answer the purpose. Whatever difficulties might obstruct such a proceeding, they would probably be got over by the same spirit which is overleaping so many others. If the case admits of any formal interposition on your part, it would seem to be in the way of a temperate and dignified
is,

I think, forbidden
is it,

Nor

lication there

animadversion, published with your name to it. In such a pubwould be room for such ideas relative to yourself as justice to yourself might render eligible, and also for such

relative to
idea,

Mr. Adams as prudence would permit. This however, that has perhaps rather grown out of the

is

an

diffi-

1T98.

LETTERS.
than
is

147

culties of the case

will be able to decide

on

it

recommended by its own merit. You with more deliberation than I have
Jefferson certainly ought
reflections

bestowed on

it.

you make on it have great weight, to which ought to be added the private sacBut as I am persuaded that, in a genrifice it would involve. eral view, your taking a station in Congress would have a promising tendency, and as the present paroxysm may pass off with as great a rapidity as it has been brought on, I cannot but think it advisable to keep a hold on the disposition of Mr. C. to open the way to you, if on final consideration it should be
in some business with persons are to return here this morning for its completion, as well as in despatching a servant with letters, papers, &c., to my He has consequently been father, who is beyond the Ridge.

The course recommended by Mr. not to be hastily relinquished. The

judged proper to make use of it. Your letter found me engaged

who

detained longer than I wished, as I presume you mean to write to Pennsylvania by the ensuing post; and I have been more
hurried, at the same time, in the answer, than I would have chosen. Our sincerest offers of respect to Mrs. Monroe.

Adieu.

TO THOMAS JEFFERSON.
June
10th, 1798.

DEAR SIR, I have duly received your favor of the 31st ult, and am glad to find mine are as regularly received as yours. The law for capturing French privateers may certainly be deemed a formal commencement of hostilities, and renders all
hope of peace vain, unless a progress in amicable arrangements at Paris, not to be expected, should have secured it against the designs of our Gov*. If the Bill suspending commerce with the French Dominions passes, as it doubtless will, the French Gov*
will be confirmed in their suspicion, begotten

by the British

148

WORKS OF MADISON.

1798.

Treaty, of our coalition in the project of starving their people; and the effect of the measure will be to feed the English at the

expense of the farmers of this Country. Already flour I hear, at 4 dollars a barrel.

is

down,

How

far the views of the

Government

will be answered

by

annihilating the ability to pay a land tax at the very moment of imposing it, will be best explained by the experiment. Look-

ing beyond the present moment, it may be questioned whether the interest of G. B. will be as much advanced by the sacrifice of our trade with her enemies as

may be

intended.

The use

of

her manufactures here depends on our means of payment, and then on the sale of our produce to the markets of her enemies.
passion, it seems, in our councils, to calculate of consequences any sort. The only hope is, that its violence, by defeating itself, may save the Country.
is

There

too

much

The answers

of Mr.

Adams

to his addressers

form the most

.

1 They grotesque scene in the tragi-comedy acting by the Gov present not only the grossest contradictions to the maxims,

measures, and language of his predecessor, and the real principles and interests of his constituents, but to himself. He is verifying completely the last feature in the character drawn of him by Dr. Franklin, however his title may stand to the two first,
"

Always an honest man,

I

often a wise one, but sometimes wholly

out of his senses."

shall

thank you for the offspring of the Senatorial Muse, which be taken care of. It is truly an unique. It is not even
is

prose run mad.

Monroe

much

at a loss

what course

to take in consequence

of the wicked assault on him by Mr. A., and I am as much so as to the advice that ought to be given him. It deserves consideration, perhaps, that if the least occasion be furnished for reviving Governmental attention to him, the spirit of party re-

venge may be wreaked thro' the forms of the Constitution. A of the Senate seem to be ripe for majority in the H. of R. and A temperate and dignified animadversion on the everything. proceeding, published with his name, as an appeal to the candor and justice of his fellow-citizens against the wanton and un-

1798.

LETTERS.

149

manly treatment, might, perhaps, be of use. But it would be difficult to execute it in a manner to do justice to himself, and inflict it on his adversary, without clashing with the temper of the moment. Hoping for the pleasure of congratulating you soon on your release from your painful situation, I close with the most affectionate assurance that I am, yours, &c.

TO THOMAS JEFFERSON.
Dec' 29, 1798.

SIR, draught on General Moylan, out of which you will be pleased to pay yourself the price of the nails, 48 11*. 3d., Va. currency, to let Barnes have as much as will discharge the balance I owe him, and to let what may remain
I enclose a
lie till I

DEAR

The
of
it

write to you again. President's speech corresponds pretty much with the idea which was preconceived. It is the old song, with no other

variation of the tune than the spirit of the moment was thought It is evident, also, that he rises in his pitch as^ the to exact.

echoes of the Senate and House of Representatives embolden him, and particularly that he seizes with avidity that of the latter flattering his vigilance and firmness against illusory at-

tempts on him, without noticing, as he was equally invited, the

allusion to his pacific professions.*

The Senate,

as usual, per-

form their part with alacrity in counteracting peace by dextrous provocations to the pride and irritability of the French Government. It is pretty clear that their answer was cooked in the same shop with the speech.

#-*####*#
Have you
to Congress of the 8th
to.

have not seen the result of the discussions at Richmond on It is to be feared their zeal may some which considerations forget ought to temper their proI

the Alien and Sedition laws.

ceedings.
*

ever considered thoroughly the distinction

December, 1798, and his reand House of Representatives on the same

The President's speech

plies to the answers of the Senate

occasion, are here referred

150

WORKS OF MADISON.

1799.

between the power of the State and that of the Legislature, on

On the supposition that questions relating to the federal pact? the former is clearly the ultimate Judge of infractions, it does not follow that the latter is the legitimate organ; especially as a Convention was the organ by which the compact was made.
This was a reason of great weight for using general expressions that would leave to other States a choice of all the modes possible of

concurring in the substance, and would shield the Gen-

Assembly against the charge of usurpation in the very act of protesting against the usurpations of Congress. I have not forgotten my promise of M'Gehee's prices, but
eral

could not conveniently copy them for the present mail.

Always

affectionately yours.

TO THOMAS JEFFERSON.
Jan?
12, 1799.

DEAR

SIR,

According to a promise

in

Ghee works. I enclose, also, a copy of the rates at which few observations on a subject which we have frequently talked of, which are submitted to your entire disposal, in whole or in
;

my

last, I

enclose a

part,

under the sole reserve of the name of the author. In Gor-

don's History, Vol. IV, p. 399, 400, is a transaction that may, perhaps, be properly referred to in the debate on the alien bill.

Among
a

other names

is

that of Sedgwick, to a protest against

banishment, without trial by jury. It does the exiles were under the character whether not appear clearly If or under the former, the case is in point. Citizens. of aliens
bill subjecting to

******

Our post had not arrived at the usual hour on Wednesday, and I have not since heard from the office. We are, conseI quently, without any late intelligence of your proceedings. have been disappointed in seeing no step taken in relation to Lyon. He is clearly within privilege, and it ought to be claimed In the case of Wilkes, the Judges were unanimously for him.

1799.

LETTERS.

is

of opinion that a libel did not take away his privilege, altho' it there less definite than with us. The House of Commons

voted differently; but it was the vote of a faction, and, therefore, of less weight than the other authority.

TO THOMAS JEFFERSON.
FebT
8, 1799.

DEAR
ultimo
its

SIR,

coming by the way of Charlottesville.

I

*********
till

I did not receive your last favor of the 16th the mail after it was due, with the further delay of

have had a glance at Gerry's communications and PickerIt is impossible for any man of candor not ing's Report on it. to see in the former an anxious desire on the part of France for accommodation, mixed with the feelings which Gerry satistaken in combination with preceding transa link that fits the chain. The President could not is actions, do less in his speech than allow France an option of peace; nor
his minister do
sible, into a refusal of

******
factorily explains.

The

latter,

*********
and exasperate
her, if pos-

*****
more than
it.

to insult

TO THOMAS JEFFERSON.
RICHMOND, Dec r 29, 1799.

DEAR SIR, My promise to write to you before your leaving Albemarle was defeated by a dysenteric attack, which laid me up for about a week, and which left me in a state of debility not yet thoroughly removed. My recovery has been much retarded
by the job of preparing a vindication of the Resolutions of last Session against the replies of the other States, and the sophisThe Committee made their report a tries from other quarters. few days ago, which is now in the press, and stands the order
of the day for Thursday next.

set of Resolutions

proposed

152

WORKS OF MADISON.

1799.

by Mr.

Giles, instructing the Senators to urge the repeal of the unconstitutional acts, the disbanding of the army, and a proper

arrangement of the militia, are also in the press, and stand the order of the same day for the same Committee. It is supposed that both these papers, the latter, perhaps, with some modifica-

go through the House of Delegates. The Senate, and casualties, is so composed as to render owing If an election to fill the the event there not a little uncertain. of Mr. H. who Nelson, lately resigned, should send Mr. vacancy in his to Andrews, competitor, Mr. Saunders, I am preference
tions, will

to inattention

told that the parties will be precisely in cquilibrio, excepting

only one or two, whom circumstances now and then on particular questions transfer from the wrong to the right side. It is fund will be of votes hoped that this contingent applicable to
the vindication.
less expectation

On
from

it.

other important questions, there is much There is a report here that the Legis-

now in session, have voted the ResoluThe report is highly imtions of Virginia under their table. But it is impossible to calprobable, and I do not believe it.
lature of N. Carolina, culate the progress of delusion, especially in a State where it is said to be under systematic management, and where there is so

of system or exertion opposed to it. had a narincrease of pay to the members, which would have been particularly unseasonable and injurious,
little either

We

row escape yesterday from an

both within and without the State. It was rejected on the third reading by a small majority, and was so much a favorite with the distant members particularly, that I fear it has left them in rather an ill humour.

The

late course of foreign events has

impression everywhere. anxious to meet our advances, its good effects will be felt every way. If our Executive and their Envoys be sincere in their pacific objects, it will, perhaps, supply by their increased anxiety what may be lost on the other side. But there can be little
confidence, after what has been seen, that the negociation would be influenced by this temper of the Envoys, instead of that which

If

it

probably made the same should not render France less

perverted

it

in the

hands of their predecessors. This possibility

1800.

LETTERS.

of failure in the diplomatic experiment will present the most It specious obstacle to an immediate discharge of the army. would be useful for the Assembly to know how this matter is

viewed where you are. write me on the subject.

this mail, but

my

Mr. Dawson will be good enough to I intended to have written to him by time has been taken from me till the closing

of the mail

is

approaching.

TO THOMAS JEFFERSON.
RICHMOND,

Jam

4, 1800.

DEAR
lutions

SIR,

My

last covered a I

Resolutions of last year.

now

copy of the Report on the enclose a copy of certain resoin-

moved by Mr.

Giles, to

which he means to add an

struction on the subject of the intercourse law, which has been It is not improbable that so injurious to the price of Tobacco. the Resolutions, when taken up, may undergo some mollifica-

The Report has been under tions in the spirit and air of them. debate for two days. The attacks on it have turned chiefly on
our alleged inconsistency between the comment now made and the arguments of the last session; and on the right of the Legislature to interfere in any measures of the Gen1 Gov*.

manner with denunciations of the The first attack has been parried
different constructions

by an amendment admitting that

may

have been entertained of the term "States," as "parties," &c., but that the sense relied on in the report must be concurred in by all. It is, in fact, concurred in by both parties. On examination of the Debates of the last session, it appears that both were equally inaccurate and inconsistent in the grounds formerly taken by them. The attack on the right of the Legislature to interfere by declaration of opinion will form a material
point in the discussion.
sition to the
It is not yet

known how

far the oppo-

Report

will be carried into detail.

The part

re-

lating to the

bated.
is

You

Common Law, it is said, will certainly be comwill perceive, from this view of the matter, that it
how
long

not possible to guess

we

shall be

employed on

it.

154

WORKS OF MADISON.

1800.

will, in the event, be a considerable majority for the Report in the House of Delegates, and a pretty sure one in the Senate. Can you send me a copy of Priestley's letters last pub-

There

lished?

TO THOMAS JEFFERSON.
Janr
9,

1800.

DEAR
by 60

SIR,

The question on

and 40 against it, bate of five days. Yesterday and to-day have been spent on Mr. Giles' propositions, which, with some softenings, will probably pass by nearly the same vote. The Senate is in rather a
for

the Report printed was decided the day before yesterday, after a de-

better state than

was expected. The Debate turned almost wholly on the right of the Legislature to protest. The Constitutionality of the Alien and Sedition acts, and of the Common
Law, was waived. discussed under Mr.
It

was

said that the last question

would be

been urged tention has not been laid aside. I thank you for the pamphlets.

Giles' propositions; but as yet nothing has It is probable, however, that the inin its favour.

TO THOMAS JEFFERSON.
RICHMOND, Jan*
12, 1800.

informed you of the result of the debates SIR, My on the justifying Report of the Select Committee. I am now
last

DEAR

able to add that of Mr. Giles's resolutions.

the whole

was decided

in the affirmative
fifty.

a hundred against less than

The question on a little by upwards of The vote was rather stronger

on some of the particular resolutions, for example, the instruction for disbanding the army. The Alien, Sedition, and Tobacco instructions passed without a count or a division. That relating to the Common Law passed unanimously, with an amendment qualifying it in the words of the paragraph in the Justifying Report, under which certain defined parts of the Common Law are admitted to be the law of the U. S. This amendment was moved by the minority, on the idea that it covers the doc-

1800.

LETTERS.
On
our
side, it is

155
considered as a

trine they contend for.

guarded exposition of the powers expressed in the Const", and those necessary and proper to carry them into execution. I am
not able to say in what manner they misconstrue the definition, unless they apply the term "adopt" to the "Court," which

The judges themselves will hardly contend that they can adopt a law, that The difference in is, make that law which was before not law.
the majority on the Report and the Resolutions was occasioned chiefly by the pledge given against the former by the members who voted against the Resolutions of last year. The resolu-

would be equally absurd and unconstitutional.

underwent some improvements, which reconciled many them who were not satisfied with their first tone and form. It is understood that the present assembly is rather stronger on the republican side than the last one, and that a few favorable changes have taken place in the course of the Session. It is proposed to introduce to-morrow a bill for a general ticket in
tions also to

chusing the next Electors. I expect to leave this in a week, so that your subsequent favors will find me in Orange.

TO THOMAS JEFFERSON.
RICHMOND, Janr
18, 1800.

DEAR

SIR,

Since

my

last,

Eeport and the Resolution by

the Senate have agreed to the 15 to 6. To the latter, they made

an amendment
after the

to the definition of the portion of

Common Law

in force in the

word

S., by inserting the .words "by Congress" "adopted," in order to repel the misconstruction

U.

which led the minority to concur in that particular resolution

as

passed the House of Delegates. The amendment was agreed to by 82 to 40. The plan of a Gen Ticket was so novel that a great number who wished it shrunk from the vote, and
it
1

others, apprehending that their Constituents would be still more startled at it, voted against it, so that it passed by a majority

of

5-

votes only.

The event

in the Senate

tho' it is expected to get thro'.

As

rather doubtful, the avowed object of it is

is

156

WORKS OF MADISON.

1800.

to give Virginia/air play, I think, if passed into a law,

it will,

with proper explanations, become popular. I expect to get away about the middle of the week. The Assembly will rise, I forgot to perhaps, at the end of it, tho' possibly not so soon. the members tell you that a renewed effort to raise the pay of to 3 Dolls, has succeeded; a measure wrong in principle, and which will be hurtful in its operation.

TO THOMAS JEFFERSON.
ORAXGE, Feb*
14, 1800.

DEAR SIR, My last to you was from Richmond; your last to me is just received, covering the Bill for drawing Jurors by lot.
The plan proposed by
the Bill
is

regulation in force here.

I cannot say

a great improvement on the whether it may have the

same merit every where.

during our late session. one of our State Judges.

This subject was not wholly forgotten Bill was even prepared on it by

But subjects deemed more immediately interesting diminished so much the attention of some whose agency in carrying it thro' was essential, that the Bill was never
introduced.

We

see

by the

late papers that a

new

scene

is

presented on

the French Theatre, which leaves the denouement more a problem than ever. The characters and professions of some of the leading actors furnish a hope that monarchy may not be their
object, but

the Revolution

melancholy evidence appears that the destiny of is transferred from the Civil to the military au-

Whether the lesson will have the proper effect here thority. in turning the public attention to the danger of military usurpations, or of intrigues
is

and military leaders, one was, perhaps, never stronger more in to a a nor situation to profit by it. Country given, We have had, for two weeks and more, snow on the ground from 15 to 20 inches deep, which has blockaded every body
political

between

more than

can say.

within his

own

doors.

Adieu.

1800.

LETTERS.

157

was a subscriber for Trumbull's prints, which, I find, are in America. Can you tell me when and how I am to get them, and what is to be paid in addition to the payments at subI

now

scribing? I wish to know, also, whether they are to be delivered in frames.

TO THOMAS JEFFERSON.
March
15, 1800.

have been favored with the folmy inclosures: the Bill lowing relating to Electors, Ramsay's Oration, the Report on Ways and Means, a motion by Bingham, and the resolution for excluding the Judges from other offices. It is not to be denied that the Constitution might have been
SIR,

DEAR

Since

last, I

properly more

full in prescribing the election of President and Vice President; but the remedy is an amendment to the Constitution, and not a Legislative interference. It is evident that this interference ought to be, and was meant to be, as little per-

mitted as possible;

being a principle of the Constitution that be independent of each other, and should the two Departments dependent on their Constituents only. Should the spirit of the
it

Bill be followed up, it is impossible to say

how

far the choice

of the Executive

may be drawn

out of the constitutional hands

to the management of the Legislature. The danthe greater, as the Chief Magistrate for the time being may be bribed into the usurpations by so shaping them as to favor his re-election. If this licentiousness in constructive per-

and subjected
ger
is

have

versions of the Constitution continue to increase, we shall soon to look into our code of laws, and not the charter of the
people, for the form, as well as the powers of our Government. Indeed, such an unbridled spirit of construction as has gone
forth in sundry instances

would bid defiance

to

any possible

parchment securities against usurpation. I understand that the general ticket

a Phil as generally unpopular.

law is represented at have no reason to believe this

to be the fact.

On

the contrary, I learn that the information

158
collected at

WORKS OF MADISON.
Richmond on
this subject is satisfactory to

1800.

the

friends of the law.

The ground has been covered

there
is still

for six

weeks with snow, and

wardness hope for some amends from

It has given a very unusual backto all the preparations for the ensuing crops, but we
it.

a remnant of

its

influence

on the winter grain.

TO THOMAS JEFFERSON.
April
4,

1800.

favor by Mr. Trist was duly handed to DEAR SIR, me, since which I have received the report on imports under your cover, and yesterday your favour of the 25 ult., accompa-

Your

nied with the pamphlet and Mr. Nicholson's motion on the Electoral Bill, which appears to be so fair and pertinent, that a rejection of it in favor of any other modification proposed must
fix

new brand on

the Authors.

The

spirit

manifested in the

Senate steadily, and in the other House occasionally, however mischievous in its immediate effects, cannot fail, I think, to aid
the progress of reflection and change
this

view our public malady may work

among the people. its own cure, and

In
ulti-

mately rescue the republican principle from the imputation brought on it by the degeneracy of the public councils. Such

ment
has

a demonstration of the rectitude and efficacy of popular sentiwill be the more precious, as the late defection of France
left

America the only Theatre on which true liberty can

have a

fair trial.

We

are all extremely anxious here to learn

New York, on which so much dehave to add to what I have already said on nothing pends. I have no reason whatever to doubt all the prospect with us.
the event of the election in
I

the success that

If
it

was expected.

your way, you will oblige me by inquiring whether there be known in Philadelphia any composition for
should
fall in

encrusting brick that will effectually stand the weather; and particularly what is thought of common plaster, thickly painted

with white lead and overspread with sand.

wish to give some

1800.

LETTERS.

159

much

such dressing to the columns of my portico, and to lessen as as possible the risk of the experiment.
Affectionately yours.

TO THOMAS JEFFERSON.
April 20, 1800.

DEAR
Christo
r

SIR,

my last, I have been favored with yours by c Pherson. It brought me the first agreeable inforSince

mation of the prospect held out by our Envoys. The posture of Europe, tho' dreadful to humanity in general, will, I trust, enforce the disposition of France to come to a proper adjustment with us. And notwithstanding the group of daring experiments presented by our public Councils, I also trust that they will not venture on either a direct refusal, or a palpable
evasion of this result.
Still,

however, the situation of the party

bent on war
that

may

such, that every stratagem ought to be suspected afford a chance of prolonging their ascendency. The
is

horrors which they evidently feel at the approach of the Electoral epoch are a sufficient warning of the desperate game by

which they will be apt to characterize the interval. In my next I shall be able to give you some partial information of the temper of the people here, as it will be shewn by our State Election, which takes place on the 23 inst. I find that considerable exertion is used to raise prejudices against the measures of the
Assembly, especially the novel mode of appointI am not possessed, however, of any evidence of Electors. ing their success that deserves attention.
last session of

and that

I sincerely wish Mr. Dupont may fulfil his promise to you, I beg I may come in for a participation of the visit.

you to make him sensible of the particular pleasure I shall feel in an opportunity of testifying to him, at my own house, the high esteem I entertain for his genius and virtues.

WORKS OF MADISON.
TO JAMES MONROE.
ORAXGE, May

1800.

23, 1800.

your favor of the 15th from Albemarle not be surprised at an experiment in this State, at this moment, of its republican sensibility, by putting in force the sedition act; and entirely approve your idea of the policy by which the measure ought to be turned against

DEAR

SIR,

I received

a few days ago.

I shall

its

Nothing seems necessary now to rectify the public and reform the administration, but a steady adherence opinion to the principles of prudence, which have so far succeeded in And it would be doubly unwise to depart from this both. course at a moment when the party which has done the mischief
author.
is

so industriously co-operating in its

own
army

destruction.

The

late ungracious vote for disbanding the

tinguish the project,

if it existed,

of making

will probably exthe camp at War-

wick an auxiliary
propriety, I
istration

to the Judicial department.

For the sake of

am

been precluded.
of military force.

extremely glad that so obnoxious a step has In any other view, an opponent of the adminto regret so odious a perversion

would have no reason

TO JAMES MONROE.
1800.

by Mr. Alston. It will communicate all that I could repeat from one to me from Col. Burr and Mr. Gelston. The latter is uneasy lest the Southern States should not be true to their duty. I hope he will be sensible that there was no occasion for it. It seems important that all proper measures should emanate from Richmond for guarding against a division of the Republican votes, by which one of the Republican Candidates may be lost. It would be superfluous to suggest to you the mischief resulting from the least ground of reproach, and particularly to Virginia, on this
SIR.
I

DEAR

now

inclose a letter left here

head.

1800.

LETTERS.

TO THOMAS JEFFERSON.
Sept., 1800.

DEAR SIR, The silence which prevails as to the negotiations of our Envoys, is not less surprising to my view than to yours. may be assured, however, that nothing of a sort to be turned

We

to the party objects on the anvil has been received, unless, indeed, the publication should be delayed for a moment deemed more critically advantageous. As we are left to mere conjec-

have occurred to me. The long continuance of the Envoys at Paris of itself indicates that difficulties of some sort or other have sprung up, or been created. As the French Government seems to have provided for the future setures, the following

curity of our
it

had been

commerce by repealing the decrees under which violated, and as the ultimatum of the Executive, ex-

plained by former instructions, permitted a waiver at least of claims for past spoliations, it would seem that no insuperable In looking obstacles would be likely to arise on these articles. attentions have fallen on the articles for other solutions, my

contained in the Treaty of 1778, relating

ing their Cargoes.
3. 2.

To

free ships freethe permissions granted to prizes.

1.

To

To

first

convoys. That a difficulty may have happened on the is rendered not improbable by the late transaction with
is

d Prussia; the 2 the stipulation

suggested by the circumstances under which

was sought and obtained by G.

by the late occurrences and combinations in any one or more of these conjectures be just, the explanation will also coincide with the reports from different quarters, which speak of the Treaty of '78 as at the bottom of the impediments; and if so, it seems more likely that they would be found in such parts of it as have been alluded to, than in the guaranty which cannot be needful to France, and which her pride would be more
ready to reject than to claim.
VOL.
II.

and the 3 d Europe. Should

B.;
,

11

162

WORKS OF MADISON.
TO THOMAS JEFFERSON.
October

180(X

21, 1800.

This will be handed to you by Mr. Alston, of S. to call at Monticello on his return from a Northern tour. He will probably be made known to you by other introductions; but those which he has brought to me, as
SIR,

DEAR

Carolina,

who proposes

tion to

well as a short acquaintance with him, make me feel an obligaadd mine. He appears to be intelligent, sound in his

principles,

New

and polished in his manners. Coming fresh from York, through Pennsylvania and Maryland, he will be

able to furnish

many

details in late occurrences.

The

fact of

most importance mentioned by him, and which is confirmed by letters I have from Burr and Gelston, is, that the vote of Rhode Island will be assuredly on the right side. The latter gentleman expresses much anxiety and betrays some jealousy with respect to the integrity of the Southern States in keeping the former one in view for the secondary station. I hope the event will skreen all the parties, particularly Virginia, from any imputation on this subject; though I am not without fears that
the requisite concert
States.

may

You have no

not sufficiently pervade the several doubt seen the late Paris statement, as
it

well as the comment on

by Observator, who

is

manifestly

Hamilton.

The two papers throw a blaze of

light

on the pro-

ceedings of our administration, and must, I think, co-operate with other causes in opening thoroughly the eyes of the people.

TO JAMES MONROE.
Nov r
10, 1800.

Mr. Erwin, whom he brought me. He appears to be intelligent, well informed, sound in his He has not yet principles, and agreeable in his manners. touched on the subject to which you allude, and I have not been led to start a conversation on it. At the desire of Mr. JefierI received yours of the 6th instant by SIR, I have found to justify the recommendations

DEAR

1800.

LETTERS.

163

son, I returned the inclosed letters

which you sent to him. Part

of one of them would be useful to the public, if it could be communicated without impropriety. The substance of it, perhaps,

might be thrown into an unexceptionable form, and produce reflections suitable to the crisis of our affairs with France. I hear, with some surprise and apprehension, that Charleston has
gislature.

chosen a large majority of anti-republican members for the LeShould the country not afford a remedy in that State,

and Pennsylvania be kept from voting, the election of President and Vice President will be a nice business. In this region of Country, the elections have exceeded our hopes. In this County, out of more than 350 votes, 7 only were on the wrong ticket.
I hear that in Frederick, the Jefferson ticket prevailed in the proportion of 3 to 1.

TO JAMES MONROE.
November
10, 1800.

DEAR
without

SIR,

Mr. Erwin proposing to

set out in the

morning

again seeing him, I think proper to add to the few lines with which he is already charged, that our interview closed without any allusion to the secondary object of the elec-

my

had not expected, as intimated by you, that he would the on subject, it would, no doubt, have dropped from bring me. As it is possible he may draw some erroneous inference from my silence, especially as a good deal of free conversation passed on the election generally, I hope you will take occasion You know my sentiments, and I am not to guard against it. averse to a communication of them, as far as you deem eligible. I cannot apprehend any danger of a surprize that would throw Mr. Jefferson out of the primary station. I cannot believe that
tion.

If I

any such is intended, or that a single republican vote will abandon him. The worst, therefore, that could possibly happen, would be a tie, that would appeal to the House of Representatives, where the candidates would certainly, I think, be arranged one. properly, even on the recommendation of the secondary

164

WORKS O* MADISON.
I

1800.

do not wish that Mr. Erwin should be under any wrong impressions, which might be as injurious in a public as disagreeable in a private view, in case they should be conveyed to others, I have thought this supplement of sufficient importance to be

As

written after the retirement of Mr. Erwin.

TO THOMAS JEFFERSON.

NoV

1800.

Yours by Mr. Erwin was delivered by him safe, with the two letters inclosed. I forwarded them by him this morning, as you desired, to the Governor.* They confirm, in substance, the state and difficulty of the negociation, as presented
SIR,

DEAR

by the late statement under the Paris head. The observations on the delays carved out by the Executive, and the favorable moment lost thereby, are interesting, and deserve the public I have attention, if they could be properly submitted to it. from S. Carosuggested the idea to the Governor. The accounts
lina are rather ominous, but I trust

we

shall soon be relieved

by an overbalance of republicanism in the upper elections. To the most unfavorable suppositions, we can, as yet, oppose the hopes presented by Pennsylvania, and the chance that a competency of votes

mer
and

may be obtained in spite of defections in the forI inclose a hand-bill lately published in Maryland, industriously circulated there and to the Southward. You
State.

will probably be surprized at one of the documents included in Mr. Duval expresses considerable fears of its tendency, but it.

cannot view the danger in so serious a light. I am glad to you do not mean to postpone your journey to Washington later than the 21st, as I wish much to see you on the way, and shall set out for Richmond, if called thither on the electoral
I
find

errand, as

The

probable, at least 8 or 9 days before the legal day. elections, as far as I have learned, are successful beyond
is

expectation.

In this County the votes were 340 odd to

*

7,

and

Mr. Monroe, then Governor of Virginia.

1800.

LETTERS.
number of other Counties
in the

165

in a

most commanding major-

ities.

Even

in Frederick, I hear the difference

was nearly

as

3 to 1.

TO JAMES MONROE.
December
,

1800.

SIR,

have received your favor of the 16th.

It has not

removed the inquietude prevailing in this quarter as to the precise issue of the election. There are reports from different quarters, which seem to be positive, that a difference of several votes has taken place between the two republican candidates, but I cannot trace in them either authenticity or particularity enough to entitle them to confidence. The project suggested by Col. Newton of a State Bank, as an
antidote to the partialities of the National Bank, involves important considerations. Although, as a dernier resort,

many much

may be urged

in its favor, yet I should presume the want of State funds would, at this time, be an insuperable objection; nor, perhaps, ought such an experiment to precede that which is to

be made of a change in our national administration, from which a new turn may be given to most of the National measures. In every view, a better judgment could be formed on the subject

some time hence than at present.

TO THOMAS JEFFERSON.
ORANGE, Dec'
20, 1800.

SIR, you from Richmond, because I was considerably indisposed during my stay there, and because I could communicate to you nothing that would not reach you with equal speed through other channels. Before I left that place, the choice of electors in S. Carolina had been received by the Governor in a letter from Col. Hampton, and was
I did not write to

DEAR

understood by
ident.

all parties to fix

The manner

in

the event of a Republican Preswhich the Electors have voted in that

WORKS OF MADISON.
State, in Virginia,

180L

Maryland, Pennsylvania, and

New

York,

makes
can.

probable that the Vice President will also be republiIf the States of Georgia, N. Carolina, Tennessee, and Kenit

devolve on tucky, should follow these examples, it will even [?] the House of Representatives to make the discrimination. There

can be no danger, I presume, but that in such an event a proper one will be made; but it is more desirable that it should be precluded by the foresight of some of the Electors. Gelston, of

York, assures me that there are two, if not three States, in which something to this effect may be looked for, but he does not name the States. Governor Davie passed through Rich-

New

mond

whilst I

nor did I

happened not to see him, however, learn from others what complexion he seemed disposed
there.
I

was

to give to the business of his mission.

TO THOMAS JEFFERSON.
January
10, 1801.

Mr. Browne having been detained at FredericksI did not receive your favor of the 19th in some time, burg time to be conveniently acknowledged by the last mail. The succeeding one of the 26th came to hand on the 7th instant only, a delay that fixes blame on the post office either in Washington or Fredericksburg. In all the letters, and most of the newspapers, which I have lately received through the post office,

DEAR

SIR,

for

there

is

equal ground for complaint.

I find that the vote of

Kentucky

establishes the tie

between

the Republican characters, and consequently throws the result into the hands of the House of Representatives. Desperate as

some of the adverse party there may be, I can scarcely allow myself to believe that enough will not be found to frustrate the attempt to strangle the election of the people, and smuggle into the Chief Magistracy the choice of a faction. It would seem
that every individual
society, or

member who has any standing or stake

in

any portion of virtue or sober understanding, must

Is it possible that

revolt at the tendency of such a manoeuvre.

1801.

LETTERS.

167

Mr. Adams should give his sanction to it, if that should be made a necessary ingredient? or that he would not hold it his duty or his policy, in case the present House should obstinately refuse to give effect to the Constitution, to appoint, which he certainly may do before his office expires, as early a day as possible

House to meet and supply Should he disappoint a just expectation in either instance, it will be an omen, I think, forbidding the steps towards him which you seem to be meditating. I would not wish
after that event for the succeeding

the omission?

to discourage

any attentions which friendship, prudence, or besuggest in his behalf, but I think
I find

nevolence,
to

may

remark that

*******

it

not improper

the follies of his

administration, the oblique stroke at his predecessor in the letter to Coxe, and the crooked character of that to T. Pickering,

are working powerfully against him. Added to these causes is the pamphlet of Hamilton, which, though its recoil has perhaps

more deeply wounded the author than the object

charged
at,

it

was

dis-

has contributed not a

little to

overthrow the

latter,

struggling as he before was in the public esteem. On the supposition of either event, whether of an interregnum in the Executive, or of a surreptitious intrusion into it, it becomes a question of the first order, what is the course demanded

Will it be best to acquiesce in a suspension or Executive authority till the meeting of Conof the usurpation in December next, or for Congress to be summoned by a gress

by the

crisis?

joint proclamation or recommendation of the having a majority of votes for President?

two characters
present judgof conve-

My

ment favors the

latter expedient. ning the Legislature must reside in

The prerogative

one or other of them, and if both concur, must substantially include the requisite will. The And intentions of the people would undoubtedly be pursued.
if,

in reference to the Constitution, the proceeding be not strictly regular, the irregularity will be less in form than any other adequate to the emergency, and will lie in form only, rather

than substance; whereas the other remedies proposed are substantial violations of the will of the people, of the scope of the
Constitution, and of the public order

and

interest.

It is to

be

168

WORKS OF MADISON.

1801.

hoped, however, that all such questions will be precluded by a proper decision of nine States in the House of Representatives.
I observe that the

French Convention
I should not

is

represented as highly

obnoxious

to the Senate.

have supposed that the

opposition would be hinged on the article surrendering public As the stipulation is mutual, it certainly spares our vessels. pride sufficiently to leave us free to calculate our interest, and

on

this point there

cannot be a difference of opinion.

was

less surprized at the obstacle discovered in the British

Treaty;

the latter of which, combined with the repeal of the French Treaty, beget a suspicion that, in some quarters at least, the

present posture of things has been long anticipated. It is certain, however, that the Convention leaves G. Britain on a bet-

Treaty placed her, and it is remarkable that Ellsworth, Davie, and Murray, should have concurred in the arrangement, if it have any real interference with bona
ter footing than the British
fide

engagements

to

G. Britain.

It

may be

recollected that the

privilege given to British prizes was not purchased, like that to French prizes, by any peculiar services to us; and never had

any other pretext than the alledged policy of putting the two great rival nations of Europe as nearly as possible on an equal Notwithstanding this pretext for the measure, Hamilfooting. in his late pamphlet, acknowledges the error of it. It ton, would be truly extraordinary, if a measure intended for this equalizing purpose should be construable into an insuperable barrier to the equality proposed. It is of vast moment, both in a domestic and foreign view, that the Senate should come to a right decision. The public mind is already sore and jealous of that body, and particularly so of the insidious and mischievous policy of the British Treaty. It is strongly averse, also, to war; and would feel abhorrence of an unjust or unnecessary war with any nation. It is much to be wished that these facts

may

not be disregarded in the question before the Senate. If there be anything fairly inadmissible in the Convention, it would be better to follow the example of a qualified ratification,

than rush into a provoking rejection.

thing likely,

however

If there be anyto unjustly, beget complaints or discon-

1801.

LETTERS.

169

the part of Great Britain, early and conciliatory explanations ought not to be omitted. However difficult our
tents on

situation has been made, justice

and prudence

will, it is

hoped,

In some respects, the task is steer us through it peacefully. facilitated at the present moment. France has sufficiently manifested her friendly disposition, and, what is more, seems to be
us.

duly impressed with the interest she has in being at peace with Great Britain, however, intoxicated with her maritime as-

cendency, is more dependent every day on our commerce for her resources, must for a considerable length of time look in a

great degree to this Country for bread for herself, and absoThe prospect of lutely for all the necessaries for her islands. a Northern Confederacy of Neutrals cannot fail, in several
views, to inspire caution and management towards the United States, especially as, in the event of war or interruption of commerce with the Baltic, the essential article of naval stores can

be sought here only. Besides these cogent motives to peace and moderation, her subjects will not fail to remind her of the great pecuniary pledge they have in this Country, and which, under any interruption of peace or commerce with it, must fall under great embarrassments, if nothing worse. As I have not restrained my pen from this hasty effusion. I will add for your Should it be consideration one other remark on the subject. found that Great Britain means to oppose pretensions drawn from her Treaty to any part of the late one with France, may she not be diverted from it by the idea of driving u into the necessity of soothing France by stipulations to take effect at the expiration of the Treaty with Great Britain, and that would be a bar to the renewal of the latter? Or, in case the pretensions of Great Britain should defeat the Treaty now before the Senate, might not such an expedient be made a plaister for the wound given to France? My health still suffers from several complaints, and I am

much

any changes that may take place are not likely The age and very declining state of my father are making, also, daily claims on my attention, and from
afraid that
to be for the better.

appearances

it

may not be long

before these claims

may

acquire

170

WORKS OF MADISON.

1801.

All these circumstances mingle themselves their full force. very seriously with one of the eventual arrangements contemIt is not my purpose, however, to retract what has plated.
passed in conversation between us on that head. But I cannot see the necessity, and I extremely doubt the propriety, should the contest in hand issue as is most probable, of my anticipating

a relinquishment of my home. I cannot but think and feel that there will be an awkwardness, to use the softest term, in appearing on the political Theatre before I could be considered as regularly called to it, and even before the commencement of the
authority from which the call would proceed. Were any solid advantage at stake, this scruple might be the less applicable; but it does not occur that the difference of not very many days

can be at
stance of

all material.

As

little

can I admit that the circum-

any

my participation in the Executive business could have such effect on either the majority or minority as has ocif

a partiality in any particular friends could be gratified by a knowledge of such an arrangement, that the end would not be as well attained by its being otherwise made
curred; or,

known

to them that it was to take place, as by its being announced by my appearance on the spot. I only add that I am sensible of the obligation of respecting your conclusion, whatever it may finally be, but I cannot but hope that it may be influenced by the considerations which I have taken the liberty to
hint.

You may

recollect a difficulty suggested in

ments without a Senate, in case of resignations prior 4. How have you solved it?

making appointto March

TO THOMAS JEFFERSON.
February
28, 1801.

Your letter of the 1st instant was to have been SIR, acknowledged a week ago, but the irregularity of the post, occasioned by high waters, has delayed
tunity. I
it

DEAR

to the present oppor-

have now to acknowledge your two subsequent ones

1801.

LETTERS.

171

In compliance with the last, I had proposed to leave home in a few days, so as to be with you shortly after the 4th of March. A melancholy occurrence has arrested
father's health for several weeks latterly and we had hopes that the approach of milder seasons would still further contribute to keep him with us. A few days past, however, he became sensibly worse, and yesterthis intention.

of the 12th and 19th.

My

seemed

to revive,

day morning, rather suddenly, though very gently, the flame of went out. It is impossible for me now to speak of my movements with precision. Although the exact degree of agency devolving on me remains to be known, a crowd of indispensable attentions must necessarily be due from me. In this posture of
life

things, I can only say that I shall wait the return of the post after this reaches, by which I hope to learn whether your in-

tended continuance at Washington will admit, and the state of

things will require, my being there before you leave it. By this information I shall be governed, unless imperiously controuled by circumstances here.

The conduct of Mr. Adams

wished, or, perhaps, expected.

is

not such as was to have been

Instead of smoothing the path

for his successor, he plays into the hands of those who are endeavoring to strew it with as many difficulties as possible; and

with this view, does not manifest a very squeamish regard to Will not his appointments to offices, not vathe Constitution.
cant actually at the time, even if afterwards vacated by acceptances of the translations, be null ?

The

result of the contest in the

generally looked for in

this quarter.

House of Representatives was It was thought not prob-

able that the phalanx would hold out against the general revolt of its partizans out of doors, and without any military force to

abet usurpation. How fortunate that the latter has been withheld and what a lesson to America and the world is given by
!

the efficacy of the public will,

when
is
is

there

is

no army to be turned

against
I

it

observe that a committee

appointed to enquire into the

effects of the late fires.

This

I think,

promise much.

no doubt proper; but does not, More is to be expected from the scru-

172
tinies of honest

WORKS OF MADISON.

1801.

heads of Departments, aided by the documents and other evidences which they will have time and the best means of examining. I take for granted one of the first steps
of the
larly in the

new administration will be to institute returns, navy and war departments, of the precise

particustate in

which every circumstance involved in them comes into the new This will answer the double purpose of enabling the do justice both to the authors of past errors and abuses, to public
hands.

and the authors of future reforms. I received a few days ago the inclosed letter from Mr. Page. Although there are parts of it which might well be omitted in
the transmission to you, yet the length of the proper extracts tempts me to shun the trouble of making them. In justice to

Doctor Tucker,

I say

with pleasure, that I have always regarded

political probity, truly

him as a man of the greatest moral and

attached to republican principles, of a very ingenious mind, extensive information, and great exactitude in his ideas and habits

of business, and, consequently, well fitted for public service.

letter

The

from Callender seems, from

though

its

contents, to have been

meant

for you,

superscribed to me.

TO JAMES MONROE.
May
Cth, 1801.

DEAR

SIR,

Callender, I find,

is

under a strange error on the

subject of his fine, and in a strange humor in consequence of it. I inclose an open letter for him, which you will please to read

has the delay in giving effect to the remisIt ought to be known and explained him as the view of the President I have from the President himself, and therefore cannot not be
sion of the fine happened ? What I state to to him.

and forward.

How

mistaken

in.

1801.

LETTERS.
TO JAMES MONROE.
WASHINGTON, June
1,

173

1801.

have received your favor of the 23d ult. CalSIR, made his lender appearance here some days ago, in the same in your letter. is described He seems implacable temper which towards the principal object of his complaints, and not to be It has been my lot satisfied in any respect without an office. to bear the burden of receiving and repelling his claims. What feelings may have been excited by my plain dealing with him, I cannot say; but am inclined to think he has been brought by it It is impossito some reflections which will be useful to him. ble, however, to reason concerning a man whose imagination
I

DEAR

and passions have been so fermented. Do you know, too, that, besides his other passions, he is under the tyranny of that of
love ?

Strange as it may appear, this came out under a charge of secrecy, in a way that renders the fact unquestionable. The
object of his flame

I did not ask her name, but is in Richmond. her to be young, beautiful, in his eyes at least, and in presume a sphere above him. He has flattered himself, and probably

been flattered by others, into a persuasion that the emoluments and reputation of a post office would obtain her in marriage. Of these recommendations, however, he is sent back in despair.
fine, even, I fear that delays, if nothing torment him, and lead him to torment others. more, may The case stands thus: Randolph had sent on, but not settled his accounts, in which there was a credit to the United States for In settling the accounts the credit is the amount of the fine.
still

"With respect to the

struck out, and the comptroller has notified him that the 200 Whether he will do it dollars are to be paid to Callender.

without a

suit, is

the question.

If he will not,

and the result

can be anticipated in any way, it will be fortunate, as Callender's irritation, produced by his wants, is whetted constantly by his suspicion that the difficulties, if not intended, are the offhalf.

spring of indifference in those who have interposed in his beI cannot but hope that the late Marshal will see the pro-

priety of not opposing the order of the Treasury Department.

174

WORKS OF MADISON.

1801.

There was certainly no pretext for his refusal at all to refund the money, as I understand his own statement leaves him a debtor of about 1,660 dollars, and that of the Treasury Department at 2,500 dollars to the United States. You see by the papers that our Mediterranean trade is in jeopardy, if not attacked, and that the arrears of stipulated remittances are urged as the ground of complaint. Whether this be or be not more than a pretext, it is certainly extraordinary that the arrears should have been suffered so to accumulate.

From Europe, in general, we hear

in print.
It is said that

little
is

more than what you

see

Portugal presented with the alternative of shutting her ports against G. Britain, and receiving a French or Spanish garrison, or of being annexed and guarantied

The legations to that Country and as a province to Spain. Batavia are to be abolished. The letters, &c., for the purpose,
go to Smith and Murray, will be ready for the signature of the President on Monday. Intelligence has come through several channels which makes This is it probable that Louisiana has been ceded to France.
to
little wonderful, considering the calculations into which France has been led by the transactions for several years back. You will readily view this subject in all its aspects. If any ideas occur on it that can be of service, favor me with them.

but

TO JAMES MONROE.
WASHINGTON, July
25, 1801.

DEAR

SIR,

The

inclosed

came

last

Bordeaux.

By

the same conveyance

evening in a packet from I have a letter from Daw-

son, of May 27, at Paris. Every appearance assured him that the Convention would be ratified. Letters from King, of May

30 and June 1, represent the British Government as in dispositions equally favorable. They have given peremptory orders to their West India cruisers to abstain from the captures which

have been most hurtful to us, and required all letters of Marque to be called in which do not conform to them. Lord Hawks-

1801.

LETTERS.

also, on an interview invited for the purpose, communicated to Mr. King, by order of his Majesty, that on hearing of the intended expedition to the Mediterranean, orders had

bury has

been sent to Gibraltar, Minorca, and Malta, for the squadron to be received in the most friendly manner, and supplied with anything wanted from the King's stores, and that this communication was made to Mr. King in order to its being transmitted
to the President of the

United States. Although the sequel of the conversation disclosed some circumstances, which I shall not state on paper, detracting from the disinterestedness of this proceeding, it shows that the present policy of the British Governtreats the

ment

U. States with more respect and

conciliation

than heretofore, notwithstanding the prophetic alarms sounded on this subject against the election of Mr. Jefferson.

TO JAMES MONROE.
WASHINGTON, Oct r
24, 1801.

DEAR SIR, We have little news from abroad more than the newspapers give, except that the negociation for settling the th article of the British Treaty is in a fair difficulties under the 6
way
to issue in a conversion of their

vague claims into a round

sum, and that some other points in controversy are also likely The Spaniards, in seizing our vessels under to be arranged.
the pretext of a blockade at Gibraltar, have excited much agitation among the Merchants, and considerable sensibility in the
public at large. The Executive will attend to it, under the joint impression of the particular wrong done by Spain, and of her amicable disposition in general towards the United States.

The

election in

New

Jersey has had a republican issue.

That

in Pennsylvania entirely so. Every where the progress of the the mocks cavils and clamors of the malignant sentiment public

adversaries of the administration.

176

WORKS OF MADISON.
TO JAMES MONROE.
WASHINGTON, Janr

1802.

8, 1802.

have not yet thanked you for the copy of your I find has attracted attention, and circulates which Message, with advantage to yourself, as well as to the public. It is much to be wished that the same manly and enlarged sentiments, and the same just and enlightened policy, might distinguish the addresses of all the Republican Governors, and co-operate with the example set by the President, in affording honorable contrasts to the passionate and apostate harangues which disgraced a certain period in certain quarters. Will you tell me what is the precise measure and kind of Has he ? qualifications possessed by your friend, Mr. any knowledge of law? is he any wise familiar with forms? is he practically acquainted with the usages and details of trade? is he ready and clever with his pen, and for a style of writing
SIR,
I

DEAR

beyond the ordinary course of business? is his judgment of the I ask these questions with a wish that solid and correct kind? you would answer them in a manner enabling me to take the exact dimensions of the character, and with a further wish that it may not be known they were asked, particularly that it may not reach him or his friends that any correspondence in relation to him has passed between us.

TO JAME3 MONROE.
WASHINGTON, Janr
19, 1802.

instant.

have this moment received yours of the 14th Mr. Dawson, as you will see, has at length reached I do not learn that any proceeding is instituted for his post. He brought ample despatches scrutinizing the legality of it. from England, but not of very late date. At his departure a cloud lay over the subjects depending between the United States and Great Britain, a sudden and unaccountable tergiverSIR,

DEAR

sation having

shewn

itself in the leaders

of the latter Cabinet.

1803.

LETTERS.
VAN POLAREN.

177

TO

VIRGINIA, August 13, 1802.

SIR,

have received and communicated to the President

your letter of the 30th ult, giving information of your appointment to another public station, which terminates that which you have held near the United States. The President receives, with much satisfaction, the assurance
that the disposition of the Batavian Republic to cultivate friendship with the United States will suffer no diminution from the

mutual recall of their Diplomatic functionaries; and I am charged to say in return, that as the step taken in this case, on
the part of the United States, had its origin altogether in considerations of domestic arrangement and economy, your Govern-

ment may be equally assured of the constancy of the United States in their cordial dispositions towards a nation whose eafly and welcome proofs of good will strengthen its other titles to their confidence, their esteem, and their cultivation of the friendly relations which subsist between the two Countries.
fied

I have the pleasure to add, that the personal merits exempliduring your residence in the United States have obtained

for

you the sincere esteem of the President. Be persuaded, Sir, that you will carry with you not less the regards and good wishes which I beg leave to offer you, with the sentiments of great respect and consideration, with which I have the honor to be, your most obedient and humble servt.

TO JAMES MONROE.
WASHINGTON, March
1,

1803.

DEAR SIR, Since you left us we have no further intelligence from New Orleans, except a letter dated January 20th from the Vice Consular agent there, from which it appears that the letters to the Governor and Intendant from the Spanish Minister here had arrived about the 13th, and had not, on the 20th, proVOL. n. 12

178

WORKS OF MADISON.

1803.

duced the desired change in the state of things. The delay, however, does not seem to have been viewed by the Consul as any proof that the Intendant would not conform to the interThe idea continued that he had taken his measures position. from his Government. There are letters (acorders without
cording to that from the Consul) for the Marquis Yrujo

now

on the way by land. These will probably shew whether the Intendant will yield or not. The despatch vessel which carried
the Marquis's letters
is

not yet returned.

is

The detention of her

beyond the allotted time

favorably interpreted by him, on the presumption that she waits for a satisfactory answer, which the pride of the Intendant postpones as long as possible. The newspapers will have informed you of the turn given to

The propositions of Mr. Ross

the proceedings of Congress on the subject of New Orleans, &c. in the Senate, which drove at war thro' a delegation of unconstitutional power to the Executive,

were discussed very elaborately, and with open doors. The adversaries of them triumphed in the debate, and threw them out by 15 votes against 11. On the motion of Mr. Breckenridge, measures of expenseless or cheap preparation, in the style of those which attended Mr. Jay's mission to G. Britain, have

been agreed on in the Senate.

these will pass the

It is uncertain

whether even

as

House of Representatives. If they should, perhaps, not improper, they will not be understood as indicating views that ought to excite suspicions or unfriendly sensations in either of the Governments to which your Mission
is,

is

addressed. The truth is, that justice and peace prevail not only in the public councils, but in the body of the community; and will continue to do so as long as the conduct of other naBut France and Spain cannot be too deeply tions will permit.

impressed with the necessity of revising their relations to us thro the Mississippi, if they wish to enjoy our friendship, or preclude a state of things which will be more formidable than
7

any that either of those powers has yet experienced. Some adjustments, such as those which you have to propose, have become The whole of what we wish is not too much to indispensable.

1803.

LETTERS.

179

secure permanent harmony between the parties. Something much better than has hitherto been enjoyed by the States is essential to any tolerable degree of it, even for the present.
I enclose

you an extract of a

letter

from Mr. Gallatin, which

could not be well incorporated with the instructions. The information it gives may nevertheless be of use, and I take this

mode
I

of putting it in your hands. understand that a bill is likely to pass granting General La Fayette 12,000 acres of land, as due for military services. We

are anxious that a clause

may be

inserted authorizing the Presi-

dent to locate the tract wherever he pleases. Should this idea succeed, the grant may become of great value, perhaps beyond
the contemplation of the Marquis, or his most sanguine friends. Without such a clause, the land may be of little account, and
will probably fall short of the lowest expectations. In the instructions relative to Article VI, you will find

an

important discretion given on the subject of Beaumarchais's It was suggested by the possibility that the claim may claim. be pressed with an energy beyond its importance in any public
view; such a discretion was, therefore, highly expedient, and may possibly be used with desirable effect.
(Extract of a
letter

from

Albert GaUatin,

Esq

r
.,

to J.

Madison,
7, 1803.

Dated Feb?

If West Florida can alone be purchased, it is certainly worth attending to; but in that case, making the river Iberville the boundary, as it was made in the Treaty of 1762, between France

and England, the article should be so worded as to give us the whole channel of that river, or at least to permit us to open it, so as to render it navigable in all seasons. At present, the bed is 30 feet above low-water mark for 15 miles, from the Mississippi to Amit river; but I have no doubt that a very small opening would be widened and deepened afterwards by the river. There is no obstruction, the whole being level, or mud, or sand. But supposing even a portage there, the advantage of American

180

WORKS OF MADISON.
settled in a

1803,

Houses
over

American port would soon give a preference Orleans to that port. The seaport may be, perhaps, on the main, between Pearl and Pargacola rivers, but certainly " on that Island called Ship Island," as through the passage between that and the next Island there are more than 20 feet

New

water, and good anchorage close to the shore, which faces the main. frigate of 36 guns was seen there by E. Jones, (the

first

my office, who is brother of our late Consul at and lived ten years with him in West Florida,) New Orleans, and it is the reason of its bearing that name. Judge Bay says that there is another Island, called Deer Island, close to the entrance of Lake Pontchartrain, which affords the same advantages. That Jones disbelieves; but the other is certain; and as it is about half way between Mobile and the Lake, as the whole navigation between these two places is locked in by the Islands, and safe even for open boats and canoes, that Island would beClerk in

come the proper seaport

for

for both rivers, Mississippi and Mobile; but feet up Mobile Bay, 7 feet over the bar 9 can bring you of Lake Pontchartrain, and 15 over the bar at the mouth of the Mississippi. It results from all that, that the possession of West

Florida, even without New Orleans island, is extremely important, and that if it can be obtained, it ought expressly to include all the islands within twenty leagues, or such distance as
to include those

which are marked on the map.

TO JAMES MONROE.
WASHINGTON, April
20, 1803.

DEAR SIR, You will receive with this all the communications claimed by the actual and eventual posture of our affairs in the hands of yourself and Mr. Livingston. You will find, also, that the Spanish Government has pretty promptly corrected the
wrong done by its officer at New Orleans. This event will be a heavy blow to the clamorous for war, and will be very soothing to those immediately interested in the trade of the Missis-

1803.

LETTERS.
The temper manifested by our Western
Citizens has been

sippi.

throughout the best that can be conceived. The real injury from the suspension of the deposit was, however, much lessened by the previous destruction of the entire crop of wheat in Kentucky, by the number of sea vessels built on the Ohio, and by throngs of vessels from Atlantic ports to the Mississippi, some

of which ascended to the Natchez.

The

permission, also, to

Orleans, and to ship the surplus as to Spanish ports, was turned to good account. Spanish property The trial, therefore, has been much alleviated. Certain it is that the hearts and hopes of the Western people are strongly fixed on the Mississippi for the future boundary. Should no

supply the market at

New

improvement of existing rights be gained, the disappointment will be great. Still, respect for principle and character, aversion to poor rates and taxes, the hope of a speedy conjuncture more
favorable,

and attachment to the present order of things, will be persuasive exhortations to patience. It is even a doubt with some of the best judges whether the deposit alone would not be waived for a while, rather than it should be the immediate ground of war and an alliance with England. This suggested
a particular passage in the
Livingston.
official letter

now

sent you and Mr.

The

elections in

administration.

known.

New England are running much against the In Virginia, the result is but very partially Brent outvoted Lewis. In general, things continue
between the President and J. W. has had a happy Even this general communication is for your

well in that State.

The

affair

ecclaircissement.

own bosom,
I

as already privy to the affair.

have received a very friendly letter from General La Fayette, which I shall answer as soon as I can get some further information.

We

are all

much

distressed

and are anxious

for every proof to be given

by his late accident, him of the affection

of this Country. Congress found an occasion of voting about 11 or 12,000 acres of land Northwest of the Ohio, with liberty to locate it any where. This may be made worth now, probably,

about 20,000 dollars.

In a

little

time the value must greatly

182
increase.

WORKS OF MADISON.

1803.

"Whether any thing else can or will be done, you can

judge as well as myself. Assure him of my undiminished friendship for him, which he knows to have been perfectly sincere and
ardent.

TO JAMES MONROE.
WASHINGTON, May
I
1,

1803.

MY DEAR SIR, commit and papers for General La your perusal. We have just received the message of his Britannic Majesty, which is represented as the signal of a certain rupture with
to your care the inclosed letters Fayette, which are left open for

France.

From

the positions taken

by the

parties,

both diplo-

matic and military, such an event seems scarcely avoidable. I hope we shall be wise enough to shun their follies, and fortunate enough to turn them by honest means to our just interYou will probably have arrived very critically for the ests.
purpose. The order from Spain for the restoration of the deposit has are told at the same time, had a good effect every where.

We

in the very

words of the

Article, that, in the cession of Louisi-

ana, our rights under the Treaty of '95 are saved.

On

the 1st

of April, Laussat, the Prefect,

was

at

New

Governor, Casa-Calvo, was expected in Havanna, to deliver possession to the French.

Orleans, and the late a few days from the

Whether

this

measure will be delayed for the arrival of the Cap*. General, or what may result to it from other causes, can be better understood with you than here. Laussat professes to be kindly disposed, and undertakes to affirm that the French Government had nothing to do in the arrest of the deposit by the Spanish officer, and that if he had been there in authority no such thing

would have happened. He does not admit that he has any authority to meddle in any way at present, and gives this answer The Intendant had declined in like to Pichon's exhortation. manner to obey the advice of Yrujo. The last more peremp-

1803.

LETTERS.

183

tory interpositions of these Ministers had not arrived, and the importance of them was superseded by the orders from Spain. The attention here is much alive to the transfer of the country
to France,

and

it

terms with

us, to

becomes her, if she wishes to be on cordial proceed in every step with strict justice and

exemplary frankness.

The

elections in

New

York, as

far as

known, have issued as

In Virginia, there will certainly be two, and posIn New England, the sibly three members of the anti-party. tide has run strongly in that channel, but under impulses temporary and artificial. In general, our prospects are bright.
heretofore.

Excepting the case of Louisiana, there

them.
rassed

is

scarcely a cloud in

Remove that, and the possibility of our being embarby the war of others, and our Country will be what has

been so often applied to another, the admiration and envy of the world.
I am on the point of setting out to Virginia, whence I shall return in two or three weeks. In this hurry, I can only add for

myself and family affectionate respects to you and yours.

TO JAMES MONROE.
WASHINGTON, July 30, 1803.

DEAR

SIR,

I received

your favor of

by Mr. Hughes, the

bearer of the public despatches from you and Mr. Livingston. The purchase of Louisiana in its full extent, tho' not contemreceived with warm, and, in a manner, universal approbation. The uses to which it may be turned render it a truly noble acquisition. Under pendent management it may be made to do much good, as well as to prevent much evil. By
plated,
is

lessening the military establishment otherwise requisite or countenanced, it will answer the double purpose of saving expence

and favoring liberty. This is a point of view in which the Treaty will be particularly grateful to a most respectable description of our Citizens. It will be of great importance, also, to
take the regulation and settlement of that Territory out of other

184

WORKS OF MADISON.

1803.

hands into those of the U. S., who will be able to manage both for the general interest and conveniency. By securing, also, the
exclusive jurisdiction of the Mississippi to the mouth, a source of much perplexity and collision is effectually cut off. The com-

munications of your colleague hither have fully betrayed the feelings excited by your message, and that he was precipitating
the business soon after your arrival, without respect to the measure of the government, to yourself, or to the advantage to be expected from the presence and co-operation of the more immediate depository of the objects and sensibilities of his CounIt is highly probable that if the appeal to the French Government had been less hackneyed by the ordinary minister, and been made under the solemnity of a joint and extraordinary embassy, the impression would have been greater and the gain
try.

better.

seen.

What course will be taken by his You will find in the Gazettes

friends here remains to be

a letter from Paris, under-

stood to be from Swan, indorsing a copy of his memorial, representing it as the primary cause of the cession, praising the patriotism which undertook so great a service without authority,

and throwing your agency out of any real merit, while, by good
This letter, with the fortune, it snatched the ostensible merit. in all been our memorial, has published papers; some of them making comments favorable to Mr. Livingston, others doing
ing rupture. morial
justice to you, others ascribing the result wholly to the impendAnother letter from Paris has been published,

which makes him Magnus Apollo. The publication of the meis so improper, and in reference to the writer invites from him is not to be presumed. The such strictures, that passages against England have not escaped the lash. It would not be very wonderful if they were to be noticed formally or informally by the British Legation here.

My public letter will show the light in which the purchase of all Louisiana is viewed, and the manner in which it was thought proper to touch the policy of Mr. Livingston, in complaining that the communication did not authorize the measure, notwithstanding the information given that he was negociating

1803.

LETTERS.

Ig5

more than the East side of the Mississippi. The pecuniary arrangements are much disrelished, particularly by Mr. Gallatin. The irredeemability of the stock, -which gives it value above
for

par, the preference of the conditions to the true object in the cash payment, and the barring of a priority among them, are errors most regarded. The claims of the different creditors rest

on principles as different. Governor Mercer has taken the

field as

a candidate for the

State Legislature, against four with whom he has been on the same party. The inclosed print will give you an idea of the violence of the contest, and of the personalities growing out of
it.

His object is to set the State to rights on certain points. expects to accomplish it by a skilful management of parties. It is difficult to calculate the precise result of this project, either

He
as

it

will sink under

It is probable that he relates to the public or to himself. it, or that he will throw the State off its centre,

and possible that both may happen. I have received no letter from you or Mr. Livingston since the arrival of Mr. Hughes, and consequently know nothing of your subsequent movements. The public letters by this conveyance were written under an ignorance whether you would be found at Paris, London, or Madrid. I observe a paragraph from an English paper says you had left Paris for Madrid,
fact. I hope you will give all and our points with her. to cue the proper carry Spain, with France with respect to the error committed Avoid the

which

presume to be founded in

Creditors.

TO THOMAS PAINE.
ORANGE COCRT-HODSE, VIRGINIA, August
20, 1803.

DEAR SIR, Your letter of the 6th having arrived at Washthe ington after I had left it, no answer could be given through
gentleman who was charged with
it.

The report

to

which

it

ours not to refers, that the British Government had cautioned to take pospay the money for Louisiana, for that they meant

186
session of
it,

WORKS OF MADISON.
is

1803.

The British utterly destitute of foundation. Government has, on the contrary, expressed its satisfaction with the cession, and, although the terms of it might not at the time
be particularly known, yet as a price was to be presumed, and as the bargain was made bona fide, and even communicated prior to the commencement of hostilities, there can be no pretext whatever for complaint, nor is there the least supposing that it will take place.

ground for

TO JAMES MONROE.
WASHINGTON, Oct.
10, 1803.

DEAR
a few

SIR,

Finding that Mr. Purveyance

is

within reach of

to what he is already charged with, to has written another remonstrance against observe that Yrujo our acquisition of Louisiana, alleging as a further objection,
lines, I

add them

that France, by not obtaining the stipulated acknowledgments of the King of Etruria from the Courts of Petersburg and Lon-

don, had a defective title herself to the Cession. Nothing can be more absurd than these cavils on the part of Spain, unless it should be her using in support of them force against our taking
possession.

This she will scarcely attempt,

if

not backed by

France, which

writing on this subhave already done so to Yrujo, giving him to understand that we shall not withhold any means that may be rendered necessary to secure our object. Pichon is perfectly well disposed, is offended with the Spanish Minister, and, if left under the orders he now has, will co-operate zealously, with an honest view to the honor and obligations of
is

we hope

impossible.

am

ject to Livingston

and Pinckney.

On our part, I trust every thing that the will be done, and that we shall speedily be in possession of the valuable object which the Treaty with France has gained for us. Baring is here, but having not yet called on
his

own Country.
demands

crisis

me

have had no opportunity of paying him civilities, or obtaining explanations from him. I wait anxiously for your next.
I last

Your

was of Aug.

15.

hope you have been favorably

1803.

LETTERS.
and

187

received,

to understand their

will bring the British Government more and more own interests, as well as our rights. Insist

on instructions to all their naval officers to abstain from impressments and to respect our jurisdictional rights. Incidents are daily occurring which, otherwise, may overcome the calculating policy of the present Executive, and provoke the public temper Mr. King into an irresistible impetus on the public Councils. remained a little if he could have the that British longer, says, Government might possibly have been brought into a contract guarding against this evil; but that the business is to be effected at that Court by the United States, not so well by formal notes and official discussions as by the frankness and familiarity of
explanatory and expostulatory observations in private disI give you this in confidence, as a hint that may be course.
useful.

Mr. Purveyance had seized your wishes before

I re-

turned hither, and I did not know till this moment that he had not sailed. I write in great haste to secure the present mail, which is the only one that promises a conveyance by him. He
will give

you much public and

all

private information.

TO BARBE MARBOIS.
DEPT OP STATE, Nov r
I received
4, 1803.

SIR, your favor of the 21 prairial, with a pleasure which is redoubled by the consideration that I am able, in acknowledging it, to inform you of the formal approbation of

by every branch of our The event establishes, I hope forever, perfect Government. harmony between the two Countries. It is the more likely to do so, as it is founded in a policy, coeval with their political
relations, of

the late Treaty, and

removing as much as possible

all sources

of jeal-

ousy and collision. The frankness and uprightness which marked the progress of this transaction are truly honorable to all concerned in
it;

and

it is

exchange of

ratifications, it

an agreeable circumstance that, in the was closed in the same spirit of mu-

183
tual confidence,

WORKS OF MADISON.
Mr. Pichon

1803.

inferring, doubtless with the truest

reason, that an unqualified exchange, under actual circumstances, would best accord with the real views of his Govern-

ment.
It remains

now

to compleat the

work by an honest execution

On our part, the sequel will cerof the mutual stipulations. with the good faith and prompt arrangements tainly correspond
thus far pursued; and full reliance is placed on the reciprocal disposition of your Government, of which so many proofs have

been seen.

an incident not more unexpected than it is unreasonable. It is to be wished that it may terminate without any serious consequences, even to herself. Whatever turn it may take, the honour of the French Government
is

The interposition of Spain

guaranties the object at which our measures are pointed; and the interest of France will equally lie in making the fruits of
these measures hers, as well as ours. I partake, Sir, in all the satisfaction which you feel at an event which awakens recollections, both of a public and private
nature, so agreeable to both of us; and I pray you to be assured that I observe with sincere pleasure, in the share you have conit, those enlarged views and honorable principles which confirm the high esteem and distinguished consideration with which I remain, D r sir, your friend and Serv*.

tributed to

TO MR. MARBOIS, (BUT NOT SENT.)

I have duly received the volume relating to the Statue of Henry 4 th with one of the Medals to which Equestrian it gave rise, for both which I offer you my thanks.
SIR,
,

DB

The volume is not only a valuable present to Artists, but is enriched with articles of information which make it interesting
to the curious

who

are not artists.

I observe that it justly

records your essential agency in this National Monument, and have not overlooked the fine morsel of appropriate sentiment

1803.

LETTERS.
it

189

which

name was

lot to address to the reigning Prince, whose so closely associated by the occasion with that of his illustrious ancestor.

was your

France is happy in having had a King worthy of the National devotion which the erection of this statue proclaims to the memory of Henry
4.

He may

be regarded as a model, not only to

his hereditary successors under a limited Monarchy, but as one, His peralso, to the other departments of the Government. sonal virtues seem to have furnished that check and balance to

prerogative, which are provided by partitions of power among the Constitutional orders of the State. I hope, Sir, you continue to enjoy the good health of which
his royal

you make so good a

assurance of

use,

and that you will accept

this

renewed

my

distinguished esteem.

TO JAMES MONROE.
WASHINGTON, Decr
26, 1803.

DEAR
and

I have received, I believe, all your letters, public SIR, private, down to that of October 22d, written merely to say I have taken due care of the
.

that all continued well.

commu-

nications on the subject of your Everything seems to be well understood on this side the water. 1 cannot say more

now, as I write of necessity without cypher. Mr. Merry has been with us some time. He appears to be an amiable' man in private society, and a candid and agreeable one
in public business.

foolish circumstance of etiquette has

created some sensibility in Mrs. Merry, and perhaps himself; but they will find so uniform and sincere a disposition in all con-

nected with the Government to cultivate a cordial society with them, and to manifest every proper respect for their characters

and station, that if any unfavorable impression has happened, it must be very transient. It would be unfortunate if it were otherwise, because a dissatisfaction, of whatever sort, or however produced, might mingle itself with his general feelings, and, thro' them, with the agency committed to them.

190

WORKS OF MADISON.

1803.

We have had several

conversations, both incidental and for-

mal, on the topics most interesting to the two Countries. I have taken pains to make him sensible of the tendency of certain proceedings on the British side, and of their injustice as well as imI communicated to him a few days ago the intention policy. of the President to explain our views fully to you on these
topics,

and to authorize you to negociate such conventional

eclaircissements and arrangements as may put an end to every danger to which the harmony between the Countries is now

His ideas appeared to be moderate, and his disposisubjected. As he will doubtless communicate to his tion conciliatory.

Government what passed us, I think it proper, in order to place you on a level of information, to observe briefly, that the plan
will be to get rid of impressments altogether on the high seas; to define blockades and contraband according to the last Treaty

between Great Britain and Russia; to regulate visits and searches of our vessels, according to the Treaty of 1786 between Great Britain and France; to put aside the doctrine, that a Colonial trade, not allowed in time of peace, is unlawful in time of war; and, in return, to agree to a mutual surrender of deserters from ships and from garrisons, and to a legislative provision against exporting articles enumerated as contraband to places within the jurisdiction of an enemy. This will be the outline, excepting a few minor propositions. The subject is now before the Cabinet, and it will not be long before it will be forwarded to you in its details. It is much to be desired that something may be done to consolidate the good understanding between the two nations, and I really believe that there is nothing aimed at by us that is not for the true interest of both parties. I am not without hopes that Mr. Merry sees the business in a good degree in the same light, and that his representations will co-operate with your reasonings on it. I am glad to learn that in violations of our maritime Europe rights are so much mitigated in comparison with the former war. It is a good omen. In the

American
is

however, the scene is very different, and I fear and worse. Impressments and other outrages worse growing on our flag are multiplying, and the depredations, under pretext
seas,

1803.

LETTERS.

of blockades, are going on in rivalship with all the extravagances of the last war. I will send herewith, if I can, certain documents, both as to impressments and blockades, which will

explain the justice of these remarks, and satisfy you, as they ought to do the British Government, that the friendship and
patience of this country are put to a severe
trial. A bill has been brought in Congress with a view to some remedy. It proposes to forbid the use of our pilots, our ports, and our supplies and hospitalities, to any ship of war which shall be proved and proclaimed to have impressed or otherwise insulted those on

Whether it will be pursued into a law is vessels. but if it should not, the forbearance will proceed uncertain; from a that a hope remedy to the evil is contemplated merely The public mind is rising to a state of high by negociations.
board our
sensibility,

am persuaded,
It is to

and no other consideration than such a hope would, suspend the effect of it on the Legislative Counbe wished that the introduction of the Bill

cils.

may

not be misconstrued into any unfriendly disposition towards Great Britain. I have every reason to believe that the sup-

posed necessity of it is deeply regretted, and that a just accommodation of all differences with Great Britain will give the most sincere and general satisfaction. Louisiana was delivered

by the Spanish authorities at New Orleans to Laussat, on the 30th of November. Our Commissioners, Claiborne and Wilkinson, with their troops, were at Fort Adams, on their way to All difficulties are, receive the transfer to the United States. therefore, at an end in that quarter. Nothing appears to have
passed in relation to West Florida, or the boundaries in general. It is understood that Spain does not include any territory

East of the Mississippi, except the island of New Orleans, in the idea of Louisiana. It will be an easy matter to take possession according to our idea. The mode alone can beget a question.

192

WORKS OF MADISON.
TO JAMES MONROE.
WASHINGTON, Janr

1804.

18, 1804.

DEAR SIR, I write you by Mr. Baring, who will also take charge of full instructions on the subject of a Convention with Great Britain for putting an end to impressments, &c. It is of great importance to the harmony of the two Countries that the
There is not time to forward project should not entirely fail. this relative to Madrid. instructions by opportunity They will
probably soon follow. In the mean time, you will collect from a letter which the President writes his present views with respect to that mission. I refer to the same source, also, for other things, of which a repetition is unnecessary, particularly the arrangement as to Louisiana.

Your outfit in going to London is of course. There will be a difficulty in varying the provision made beyond the annual allowance as Minister Extraordinary to Paris, it being fixed
and recorded.
Should you proceed to Madrid,
it is

probable

that your expences will be defrayed, according to the several examples in point and the apparent reasonableness of it. As

soon as the instructions to proceed issue, a draught may, I presume, be authorized, which will be better than the mode you
suggest of leaving the advance

made you here for settlement on

I

had received all your private documents relating to the with and that every thing seemed &c., France, joint negociation, to be sufficiently understood here to make you easy. The letter that of April 10th to you, and the of 22 March from T. extract from Col. M.'s journal, completely establish the essen-

your return. I informed you in

letters

my last that

down

to Oct. 22, including the

tial points.

is

Mr. Merry has said nothing yet about S* Domingo, altho' it now in the hands of the negroes, and has been in that train clearly and certainly for some time past. I learn, from what I take to be a sure source, that Great Britain will not aim at a monopoly of the trade there, and will also, by an arrangement with the negroes, shut the sea against them,
understood to be

1804.

LETTERS.

193

keep Jamaica safe. If she pursues this course, we from difficulties on that side. And it is to be hoped that France will see that she has no motive to throw the commerce and the attachments of the negroes into the excluin order to
shall be relieved

sive possession of England,

tions.

by prohibitions against other na-

his

Mr. Merry expressed in strong terms the dissatisfaction of government at the Memorial. He was told that the sentiments of this Government were truly expressed in the friendly assurances given by it, and that no authority had been given to express others. It was added that the memorial was not official, nor meant for the public eye, and very probably had been shaped into arguments most likely to favor the object of it, without adverting to the incidental tendency of mine. In a word, that the view taken of the subject was such as was deemed most
likely to influence the policy of France, rather than to exhibit He seemed to be conthe opinions or feelings of the writer.

tent with this disavowal, and signified his confidence that his Government would be so likewise.

The

inclosed paper has an address to Mr. Merry, which shows

the importance to Great Britain of a stipulation to surrender her deserting seamen. She cannot expect this to be either stip-

ulated or practised whilst impressments go on. On the contrary, she must expect other States to follow the example of
Virginia, which will throw the whole trade between the two Countries, in time of war at least, into American vessels.

TO

B. B.

LIVINGSTON.
WASHINGTON, Febr
7,

1804.

DEAB

SIB,

The

conveyance acknowledge
ence with Mr. Monroe.

public letters which you will receive by this all the letters received from you since

the date of those last written to you, except your correspond-

This I have thought proper to ac-

knowledge
VOL.
II.

in a private letter, because I have not placed it on the files of the office. You left me free to consider the letters

13

194

WORKS OF MADISON.

1804.

which passed between you as private, and I have not yet decided that it can be of use to dispose of them as of a public nature. Should it, on further consideration, be deemed proper to view them in this light, they can at any time be deposited in the office; whereas if now deposited, and a further consideration should oppose this use of them, the step would be irrevocable. It is much to be desired, on various grounds, that the mutual which betray themselves in the correspondence should have no greater publicity than may be inevitable, and that no insuperable obstacles should be thrown in the way of
sensibilities

that oblivion of disagreeable incidents which cannot but be

fa-

voured by your mutual respect and liberality. Congress have been long in session, but have passed but few acts, and appear to move very slowly. They dwell with particular tediousness on the Bill providing a
isiana.

Government

for Lou-

I herewith send will give you an account of their latest proceedings. I beg leave to refer to the

The newspapers

same source
1

for other public occurrences.

communicated

to

Gen Armstrong yesterday the present opportunity, namely, that of a young gentleman who goes in the vessel carrying the French
Louisiana stock, and he "said he would have a letter for you at the office in time for it. If it comes, it will be inclosed herewith.

You will find in the public letter the reasons for not heretofore forwarding a letter of leave, and of the intention to forward one only on the receipt of your determination to make use of it. It was not wished to take any step which might be misinterpreted as an instruction for your return; and it was conceived that the letter you possess could, if your return was resolved on,

without impropriety be made use of. The date alone suggests any difficulty, and that admits so easy an explanation, as You will, I am persuaded, be scarcely to be regarded as one.
sensible that the footing on which the matter has been put was that deemed most consistent with the delicacy and friendship

entertained for you, and which seemed best to reconcile a due

respect for your personal inclinations with the respect due to the interest the public has in your diplomatic services.

1804.

LETTERS.
TO JAMES MONROE.
WASHINGTON, Feb?

195

16, 1804.

In a private letter by Mr. Baring I gave you a detail of what had passed here on the subject of etiquette. I
SIR,

DEAR

had hoped that no farther jars would have ensued, as I still hope that the good sense of the British Government respecting the right of the government here to fix its routes of intercourse, and the sentiments and manners of the country to which they
ought to be adapted, will give the proper instructions for preventing like incidents in future. In the mean time, a fresh circumstance has taken place, which calls for explanation.
President, desirous of keeping open for cordial civilities whatever channels the scruples of Mr. Merry might not have
closed, asked

The

me what

these were understood to be,

and

partic-

ularly whether he would come and take friendly and familiar dinners with him. I undertook to feel his pulse thro' some hand From the inforthat would do it with the least impropriety.

mation obtained, I inferred that an invitation would be readily accepted, and with the less doubt, as he had dined with me, (his
lady declining,) after the offence originally taken. The invitation was accordingly sent, and terminated in the note from him
to

me and my answer herewith

and
in this country.

inclosed.

I need not

comment

on

this display of diplomatic superstition, truly

in this age

We

extraordinary are willing to refer it to

in such trifles,

the personal character of a man accustomed to see importance and over cautious against displeasing his Gov-

ernment by surrendering the minutest of his or its pretensions. What we apprehend is, that with these causes may be mingled a jealousy of our disposition towards England, and that the mortifications which he has inflicted on himself are to be set

down

to that account.

In

fact, it is

known

particularly since the final affected in a high degree, and will doubtless give its colour to To the correspondence of the legation with its government.

adjustment with France,

that this jealousy, exists, or is

apply an antidote to this poison will require your vigilant and prudent attention. It can scarcely be believed that the British

196

WORKS OF MADISON.

1804.

will not at once see the folly committed by its representative, especially in the last scene of the farce, and that it But it may listen with a will set him right in that respect.

Government

United States, having need of the friendship of Britain, may be yielding to a The best of all proofs to the conlatent enmity towards her. communications you possess, if the confidential would be trary
different ear to the suggestions that the
less

now

it

were not an improper condescension

to disclose

them

for such

a purpose.

Next

to that is the tenor of our measures,

and the

dictates of our obvious policy; on an appeal to both of which you may found the strongest assurances that the Government
is sincerely and anxiously disposed to culbetween the two nations. The President wishes harmony to lose no opportunity and spare no pains that may be necessary to satisfy the British administration on this head, and to prevent or efface any different impressions which may be transmitted from hence. I collect that the cavil at the pele mele here established turns much on the alledged degradation of ministers and envoys to a level with Charges D'Affaires. The truth is, and I have so told Mr. Merry, that this is not the idea; that the President did not

of the United States

tivate

mean

to decide anything as to their comparative grades or importance; that these would be estimated as heretofore; that
fix their own ceremonies, and that even at the President's table they might seat themselves in any subordination they pleased. All he meant was, that no seats were to be designated for them, nor the order in which they

among themselves they might

might happen to set to be any criterion of the respect paid to their respective commissions or Countries. On public occasions, such as an Inaugural speech, &c., the heads of department, with foreign ministers, and others, invited on the part of the Government, would be in the same pele mele within the space asIt may not be amiss to recollect that under the signed them. old Congress, as I understand, and even in the ceremonies at-

new Government, the foreign ministers were placed according to the order in which their Governments acknowledged by Treaties the Independence of
tending the introduction of the

1804.

LETTERS.
is

197
favor-

the United States. In this point of view, the pele mele able both to Great Britain and to Spain.

I have, I believe, already told you that the President has discountenanced the handing first to the table the wife of a Head of Department, applying the general rule of pSle mele to that,

as to other cases.

The Marquis d'Yrujo joined with Merry

tation from the President,

in refusing

an

invi-

and

has, throughout,

made a common

cause with him, not, however, approving all the grounds taken

by the latter. His case is, indeed, different, and not a little awkward, having acquiesced for nearly three years in the practice against which he now revolts. Pichon, being a Charge only, was not invited into the pretensions of the two Plenipotentiaries.

He

blames their contumacy; but I find he has

re-

ported the affair to his government, which is not likely to patronize the cause of Merry and Yrujo. Thornton has also declined an invitation from the President.

This shews that he unites, without necessity, with Merry. He has latterly expressed much jealousy of our views, founded on
little

and unmeaning circumstances.

of Mrs.

The manners
parties.

disgust both sexes and all

Note and Answer referred

to in p. 195.

Mr. Merry has the honor to present his respects to Mr.

Madison. He has just had that of receiving a note from the President of the United States, of which the following is a copy:

Thomas

Jefferson asks the favor of Mr.

Merry

to dinner with

a small party of friends on Monday, the 13th, at half past 3. Superscribed, Mr. MERRY. February 9th, 1804.
It so

dine with him on that day.

ever, he

happens that Mr. Merry has engaged some company to Under other circumstances, how-

would have informed himself whether

it is

the usage,

198
as
is

WORKS OF MADISON.

1804.

the case in most countries, for private engagements of kind to give way to invitations from the Chief Magistrate every of the United States; and if such were the usage, he would not

have
the

have alleged it as a just apology for not receiving company he has invited. But after the communication which Mr. Merry had the honor to receive from Mr. Madison
failed to

last month, respecting the alteration which the of the United States had thought proper should take President

on the 12th of

place in regard to the treatment to be observed by the Executive government towards foreign ministers from those usages which had been established by his predecessors, and after the
reply which Mr. Merry had the honor to make to that notice, stating, that notwithstanding all his anxiety to cultivate the

most intimate and cordial intercourse with every of the he not take himself to could in that upon acquiesce government, alteration, on account of its serious nature, which he would, therefore, report to his own government, and wait for their instructions upon it; it is necessary that he should have the honor of observing to Mr. Madison that, combining the terms of the invitation above mentioned with the circumstances which have preceded it, Mr. Merry can only understand it to be addressed to him in his private capacity, and not as his Britannic Majesty's Minister to the United States. Now, however anxious he may above be, as he certainly is, to give effect to the claim expressed, of conciliating, personally and privately, the good opinion and esteem of Mr. Jefferson, he hopes that the latter will feel how improper it would be on his part to sacrifice to that desire the duty which he owes to his Sovereign, and, consequently, how impossible it is for him to lay aside the consideration of his public character.
Jefferson's note,

Mr. Merry should be mistaken as to the meaning of Mr. and it should prove that the invitation is designed for him in his public capacity, he trusts that Mr. Jefferson will feel equally that it must be out of his power to accept
If

it,

without receiving previously, through the channel of the Secretary of State, the necessary formal assurances of the President's determination to observe towards him those usages of

1804.

LETTERS.

199

distinction which have heretofore been

shewn by the executive

government of the United States to the persons accredited to them as his Majesty's Ministers.
Mr. Merry has the honor
to request of
this explanation before the President,

who have been

to lay

Mr. Madison
to

the strongest assurances of his

ation.

accompany it with highest respect and consider-

and

WASHINGTON, February

9th, 1804.

Mr. Madison presents his compliments to Mr. Merry. He has communicated to the President Mr. Merry's note of this morning, and has the honor to remark to him that the President's invitation, being in the style used by him in like cases, had no reference to the points of form which will deprive him of the pleasure of Mr. Merry's company at dinner on Monday next. Mr. Madison tenders to Mr. Merry his distinguished consideration.

WASHINGTON, February

9th, 1804.

TO GOVERNOR CLAIBORNB.
(Private and confidential.)

WASHINGTON, February 20, 1804.

DEAR

SIR,

It being

understood that Morales means to settle

himself at

New

Orleans, and that his temper and his treasures,

may render him a mischievous removal to some other part of the Unimember of the society, his be ted States, where he would unimportant and harmless, would be agreeable to the President. Perhaps it may be in your power to bring this about, without violating any principle which ought It may have weight with to be respected on such an occasion.
his connections

and

his views,

him merely

to

know

that his continuance in Louisiana attracts

the notice of the Government, and that he would be perfectly secure in other situations, where his wealth could be engaged

with more advantage. The case, however, is left to your judgment, both in its merits and its arrangement.

own

200

WORKS OF MADISON.
ob*.

1804.

I have the honor to be, Sir, with great respect

r y mo.

and esteem,

TO JAMES MONEOE.
WASHINGTON, March
8th, 1804.

DEAR

SIR,

Since

will, therefore, I

my last, which went by duplicates, and hope, have been received, yours of Nov. 25,
has come to hand.

which, like
letter

this, is private,
it

Your

public

accompanying

is

answered publicly by

this oppor-

tunity. It is very agreeable to find the British Ministers so candidly acknowledging the justice of our general conduct towards their

nation,

and the
If,

Louisiana.
against us

was

fairness, particularly, of our Treaty obtaining as they admit, the sole ground of complaint the memorial of Mr. Livingston, there remains

no longer a single exception to be taken, an explanation having been given to Mr. Merry which he thought would be satisfactory to his government. The Bill in the Senate on the impressment of seamen, of which you have been apprized, was a few days ago postponed generally, with reasons assigned, which were meant to render such an issue conciliatory, without renouncing the right, or the eventThe British functionaries ual necessity of some such remedy. has this here consider all that passed on subject as the effect of concert between the Executive and leading members of the Legislature, and as meant to operate on the apprehensions of England without the appearance of provoking a collision with In general, the idea of such an understanding between the her. Executive and Congress prevails among the Foreign Agents, more especially on their first coming, and it is not easy to corYou know that a mutual independence exists, rect the error. a precluding responsibility on either side for the separate measures of the other.

those

who

in general

Nothing is more common, in fact, than for form the majority in Congress to divide

1804.

LETTERS.

201

among themselves on

Executive have taken an interest.

questions in which it is known that the In the case of the two Bills

concerning impressments, they were introduced under the general impulse of the Country, and the personal or local senti-

ments of the movers, and the destiny of them is to be referred This country wishes for justice, and to a like explanation. thinks it has efficacious means in its own hands. It wishes, at the same time, not to resort, without absolute necessity, to any means that may interrupt harmony, or even wear an unfriendly This is certainly the sentiment of the Executive, in aspect. common with the other branches of the Government, and with

Among more general considerations favoring this temperate and solid policy, it merits attention, that as the present administration in Great Britain appears more liberal and cordial towards the United States than any preceding one, as
the nation.
is certainly more so towards Great was then anticipated, and as no formal experiment has been made since the commencement of the present war to

the administration here

Britain than

adjust by negociation the question of impressments, it is proper to make a fair experiment in that form, before redress be pursued in any other. I have not learnt whether the Bill in the

House of Representatives has yet been postponed.

be, is

That

it

will

should not, the sense expressed by the Senate will be a bar to its passage into a law. In a conversation with Mr. Merry on these bills, he intimated
if it

probable; and

the danger of their being considered in Great Britain as lead-' ing to a state of violence, if passed into laws; and if postponed,

leaving a menace more likely to excite pride than comWithout admitting the first inference, the second was pliance.
as
still

by an appeal to the operative negociation of Mr. Jay, notwithstanding the strong posture taken by Congress at the moment, and the existence of an embargo, well understood to be levelled against British misconduct. My public letter answers your enquiry relating to the East and West India trade. The case of French prisoners taken in American vessels cannot be more affected by the Treaty than that of French property so taken, and must depend on the same
easily repelled

202

WORKS OF MADISON.

1804.

principles of public law.

If not in military service, the capture of them was wrong, and right requires that they should be discharged. It will be well, at the same time, to avoid interfer-

ence in such cases, as far as will consist with the obligation and power of the United States.

Your trip to Madrid has become a perplexing subject. The present moment is not favorable to it, and the other object presented to your view by the President's letter becomes every
moment more
pressing for such services as yours.

Whilst you

hold yourself ready, therefore, for a trip into Spain, in case events should prescribe it, you will hold yourself still more so
for taking a station at New Orleans, whither it is more than probable you will be summoned to repair the instant your ne-

In several views, the gociations at London shall be closed. situation of the ceded territory is critically interesting. Should

you go

to Spain,

it

will evidently reconcile private with public

economy, and both with the comfort of your family, to place them in the asylum you contemplate, and thereby stop the whole expence of your London establishment. As to the modifications of outfit, I can add nothing to what I have heretofore said. To be prepared for every turn which the settlement of your allowance

may

take,

your expences cannot be too exactly noted and

vouched.
I communicate finally your destination, I will communicate, also, the sentiments of the President as to the person

When

into

mean

whose hands you are to deposit your papers, <fec. In the time, authorize no particular expectation in any one. The

President retains his favorable opinion of Erving; but it is of importance to respect his standing with the British Ministry, and also not to flatter pretensions beyond his standing in this
country, to which his present grade is thought to be commensurate. Perhaps it will be found best to name no Charge, and

waive the necessary business with him as consul, making the proper commission and request to Lord Hawkesbury.

1804,

LETTERS.
TO GOVERNOR CLAIBORNE.

203

VIRGINIA, August 28, 1804.

I have received your favor of the 12 and 14 of July. SIR, The continuance and conduct of the Spanish officers at New

Orleans justly excite attention. In every view, it is desirable that these foreigners should be no longer in a situation to affront the authority of the United States, or to mingle, by their intrigues, in the affairs of your territory. The first of October
will be an epoch which may be used for letting it be understood that their stay, so much beyond the right and the occasion for

not seen with approbation. The mode and measure of the intimation are left by the President to your discreet judgment. With Morales there may be less need of very delicate manageit, is

ment; especially if he perseveres in retaining a title which, having belonged to a Spanish officer purely provincial, in Louisiana, seems to arraign the present jurisdiction of the United
States.

You

will soon receive

from Mr. Granger blank commissions

The President wishes you for offices within his Department. to sound the Marquis de Casa Calvo on the subject of a link of the chain of post offices within the contested territory, and,
by friendly explanations, to obtain his concurrence in making such an establishment for mutual convenience by mutual consent; with an understanding, or, if preferred, an express declaration, that the measure is neither to strengthen nor weaken
Should a post office within the not be acquiesced in, it is thought limits possessed by Spain the for it be waived best that present, leaving to the mail a it be mere passage, to which may presumed no opposition will
the rights of either nation.

be made.
the last communications from Madrid, of June 12, it appears that the Spanish Government had imbibed the discontent expressed by the Marquis d'Yrujo at the act of Congress au-

By

thorising a revenue district on the waters of the Mobile, &c., and that it manifested a backwardness to ratify the Convention,

which had been

ratified here in the

very terms in which

it

204

WORKS OF MADISON.
there.

1804.

was concluded on

A knowledge

of this

ill

humor may

be useful in the course of your transactions, particularly those with the Spanish Functionaries.

TO GOVERNOR CLAIBORNB.
VIKGINIA, August 30, 1804.

SIR,

The President having thought proper

to avail the Uni-

ted States of the continuance of your services, by appointing you Governor of the Territory of Orleans, in pursuance of the

Congress for erecting Louisiana into two territories, and providing for the temporary government thereof, I have the pleasure of enclosing the commission for that purpose, with a commission providing for the administration to you of the
late act of

oath of

office

required.

I enclose, also, a commission for the Secretary of the Territory of Orleans, commissions for the members of the Legislative for two Judges of the Superior Court of the said a commission for the Judge of the District Court of Territory, Orleans District, and for the Attorney and Marshal of the said

Council,

District; all which commissions I request the favor of you to cause to be respectively delivered. With sentiments of great respect and consideration.

N. B. All the commissions sent dated August 30, 1804, except that to Kerby, which is dated August 29. H@* One of the Judges of the Superior Court not sent, and to be filled hereafter.

TO MONSIEUR PICHON.
VIRGINIA, Sept' 3, 1804.

SIR,
ter of

August

sul turn,

have received and laid before the President your let25, accompanied by a copy of the Senatus Congiving a new form to the Government of France, and a
I

1804.

LETTERS.

205

copy of a letter from the Minister of Exterior Relations to Mr. Livingston, with an extract of a letter to you, relating to that
important event. Previous to the departure of Gen Armstrong, appointed to succeed Mr. Livingston in the Representation of the United States at Paris, it having been sufficiently ascertained, without
1

being formally notified, that a change had taken place in the form of the French Government, provision was made for the case by blanks in his letters of credence, which he was instructed to fill up, on consultation with the Minister of foreign Relations, in such manner as would adapt them to the new formulary.

This precaution, calculated to avoid inconvenient delays which might be occasioned by the succession of a New Minister

from the United States in the crisis of a change in the Government to which he is sent, will have the effect, at the same time, of manifesting the readiness of the United States to respect the right of every Nation to give to its Government the form deemed most correspondent with its situation and its happiness, and the desire of the President to maintain, on the part of the United States, all the confidence and friendly relations with the Government of France, under its new form, which so happily prevail between the two nations.

The President learns with satisfaction that, during the interval preceding the introduction of new diplomatic instruments, a continuance in the accustomed form of all the communications
useful to the

harmony and

interest of the

two Countries

is

par-

ticularly authorised by his Imperial Majesty, the Emperor of the French. You will not doubt, Sir, that a like regulation on the part of the United States is prescribed not more by their

principles than

by

their friendly dispositions.

206

WORKS OP MADISON.
TO MB. MERRY, BRITISH PLENIPOTENTIARY.
VIRGINIA, Sept*

1804.

3, 1804.

SIR,
letter,

had the honor

its

with

on the 25th of August your the of 15th of that month, which has inclosures,
to receive

been
is

laid before the President.

The

several communications and representations to which it a reply, had for their object to obtain your interposition to-

wards repairing and controuling the irregularities practised by British ships of war in the harbour of New York, and on the The resort was produced by a confidence adjoining coasts. that proceedings so contrary to public and local law, so irritating in their tendency, and so much at variance with the sentiments which your Government is believed to entertain towards the United States, would have received from you all the discountenance which they seemed to merit. Finding from the tenor of your letter, and it is found with much regret, that, instead of the expected result, charges, supported by regular proof against the British Commanders, are considered as answered by

the denials of the parties; that not only the authority to impress British subjects from American vessels on the high seas is maintained, but a positive sanction
is,

moreover, given to the impress-

ment of British

subjects (which includes the decision of questions of allegiance) from British vessels within the acknowl-

edged Sovereignty of the United States, with an implied sanction to the extraordinary pretension of a British Naval Commander, the Captain of the Cambrian, to a dominion of his Ship over a certain space around it, even when lying in an American port; that the continuance of enemy Ships in one of our ports. a continuance which may be prolonged indefinitely at the pleasure of an adequate force, is alledged as a sufficient vindication of the use which continues to be made of the port by British Ships, and of their proceedings in its vicinity to which that use is made subservient: finding, in a word, that the view which you have been pleased to take of the complaints addressed to you appears to be calculated rather to fortify than to restrain the British Commanders in the course which they are pursuing;

1804.

LETTERS.
not perceived that any advantage
is

207 promised by the

fur-

it is

ther discussion which might result from entering into the particular comments of which some of your observations are susIt is deemed more proper to indulge the expectation that the subject will be seen by the Councils of his Britannic Majesty in a light more satisfactory to the United States, and

ceptible.

more correspondent with the

disposition to cherish all the relations which so friendly happily exist between the two Naand which are so tions, strongly recommended by their mutual
interests.

on the French Ships of War now were first notified to the Government by your representations on that head. You may assure yourself, Sir, that they will be enquired into with that attention which the United States owe not only to their own jurisdiction, but to their neutral position, to which they will always be as ready to pay respect themselves as to insist on it from others.

The

irregularities charged

at

New York

TO JOHN TYLER.
WASHINGTON,

Nov

3d, 1804.

In the year 1801, Governor Monroe placed in my hands SIR, three hundred Dollars, to be applied, when called for, to the payment in France for a Sword (as well as I recollect) voted
to General Campbell. The money was lodged in the Bank of Columbia, in Georgetown. Having never been called for, it escaped my attention, till I was three days ago reminded of it by lighting on the receipt given by the Bank. With a view to remit it without delay, I have drawn

by the State of Virginia

the

money from
bills,

three

its depository, and now inclose it in halves of of 100 dollars each. The other halves will be sent

by another

mail.

208

WORKS OF MADISON.
TO JAMES MONROE.
WASHINGTON, Nov.

1804.

9, 1804.

DEAR SIR, Besides your public letters, I have received your From the tenor series of private ones down to August 24th.
British

of the latest of both, I infer that your negociations with the Government will have issued in proofs merely of a general disposition to be in amity with us, without stipulating the
will of course

accommodations claimed by the United States; and that have set out for Madrid, in order to try the you Thither I shall accordingly address this that of Court. temper The public one which it accompanies, with the doculetter. ments therewith inclosed, and others to be found on Mr. Pinckney's files, furnish all the lights with which we can assist you in
just

pursuing the objects of your mission. You cannot too earnestly press on Spain the necessity of closing all the differences beWest Florida is essential to the tween the two Countries.

United States, both as to their revenue on the Mississippi, and to the trade through the Mobile. Spain must also, sooner or the claim for French All she can exlater, swallow injuries. pect is, to have the pill wrapt up in the least nauseous disguise. I am not sure that all the distinctions and arguments suggested on that subject agree precisely with the principles and merits of the case, which is a complex one, and in some respects turns on questions not clearly defined and settled by public jurists or general usage. But it seems unquestionable that Spain is bound in honor, as an independent nation, and in strict justice also, unless she

can prove as well as plead a real

to indemnify

the sufferers within her jurisdiction. I presume you will be able to understand the subject more distinctly by inquiring into the

and details of the cases on the spot; and I hope, if France cannot be brought to take side with us on this occasion, and on that of settling the boundaries of Louisiana, that she will not put her weight in the adverse scale. The South American claims will also claim your critical attention. The Convention of 1 802 leaves so much to construction and opinion, that some further provision will be necessary, even if that inclasses

1804.

LETTERS.

209

strument should go into effect. In a new Convention, it may be blended with a provision for wrongs subsequent to that date. In a communication of to Mr. P. an attempt
,

to classify these South American claims, including those for similar irregularities in the Spanish Islands, in order

was made

and graduate their respective merits. The aid of the claimants was asked, but never obtained. The materials and explanations on the spot may enable you to execute the
to discriminate

task with more precision. There

is

reason to believe that Yrujo

has worked against us with all his might, seeking to advance himself by flattering the prejudices of his government, instead of consulting its obligations or its true interest. He behaved so

badly as to require the recall signified in my public letter. Pinckney's recall has been asked by the Spanish Government, and a letter of leave goes to him. I suspect he will not return in good humour. I could not permit myself to flatter him, and
truth

would not permit me

to praise him.

He

is

well off in

es-

caping reproof, for his agency has been very faulty, as well as feeble. Should you find him at Madrid, he may, however, give

you some clues that may be useful. It is probable that he will be succeeded by Bowdoin, whose character is probably not un-

known

to you. It is certainly respectable, altho' his talents are considered as moderate. You are aware, I presume, that the

Prince of Peace will claim your special attention. Mr. Short He says that he governs the Court inculcates the policy of it.
absolutely, and may be managed by his weaknesses, particularly his vanity. Such a resource is not to be neglected. But the main one will lie in a skilful appeal to the fears of Spain, and the in-

which France, as well as Spain, has in not favoring a coUnited States with Great Britain. The PresiThe Tableau dent's message goes to you by this opportunity. which it presents cannot fail to strengthen his administration at home, and to increase the weight of the United States abroad. His re-election is certain; so is the success of Clinton as Vice
terest
alition of the

President.

Congress have not yet proceeded beyond the introductory forms. The topics in the message, with some left open at the 14 VOL. n.

210

WORKS OF MADISON.

1804.

last session, particularly the trial of Chase, will give an idea of the range of these deliberations. I ought to have included

the memorial from

New

Orleans,

who
their

is

laboring to trouble the waters in

hither.

drawn by Edward Livingston, which he means to fish.

The bearers of

the memorial have arrived at

New York

on

will have noticed in the newspapers the way dreadful mortality among the strangers and new settlers at New Orleans. Among the victims particularly lamented for his per-

You

sonal worth, and the dependents on his exertions, is Mr. Trist. Young Gelston has also been taken off. Governor Claiborne

escaped narrowly, but

child.

lost,

on the same day, his wife and only

TO JAMES MONROE.
WASHINGTON, Dec'
3,

1804.

Captain Dulton goes immediately to Spain with of which sundry copies have been sent to England, despatches, so that you will be sure to get them, whether you should be in
SIR,

DEAR

the one or the other of those Countries.

letter

from Mr.

Pinckney just received shews that Spain has laid aside certain reinforcements intended for Florida, &c. Whether this step proceeded from the note he put in, as he supposes, or partly from
that and partly from the posture of her affairs in England, it is a proof that she does not wish to quarrel with the United States,

and that the moment for your operations may have particularly We have the fullest confidence in the prudence with arrived. which you will make ufee of such an opportunity, as well as of every other, for the purposes with which you are charged. Mr. Bowdoin is to succeed Mr. Pinckney. It is probable that some little time will elapse before he will be able to embark. Your last letter from London was dated on the 8th of September. By Mr. Graham, I learn that you were there on the 26th, and by a letter from Mr. Purviance to him, of the 21st, it appears
that the prospect of your negociation with the British Government was flattering neither as to the time nor the complexion

1805.

LETTERS.

211

do not, however, altogether despair of a less its issue. unfavorable account in your next letters, which we look for in eyery mail that arrives.
of

We

TO GENERAL TURREAU.
DEPT OF STATE, Ap
I
1

4, 1805.
1

have received a translation of a late Edict by Gen SIR, Coinmander-inFerrand, Chief, and acting as Captain General at S* Domingo, in which he undertakes to denounce as pirates all persons on board vessels, allies or neutrals, bound to or from

any ports in Hispaniola occupied by rebels, or found at the distance of two leagues from any such port; and to declare that they shall be tried and sentenced to death by a Military Commission. Although this document has not yet appeared in any other than an unauthenticated form, and in a translation only, the channel through which it has been transmitted leaves no doubt as to its reality. A copy of it, as transmitted, is annexed.
It would be perfectly superfluous to enter into a particular comment on this extraordinary measure. You well know, Sir,

that piracy, being an offence defined by the law of Nations, cannot be varied by any particular Nation, much less by any of its

subaltern authorities; that the penalties to which those subject themselves who are found on the high seas in the course of an

unlawful trade are also defined by the law of Nations, and equally unalterable by any municipal authority; that the same
is applicable to the distance from the shore to which the local jurisdiction extends, which is now generally limited to a sea league; and that in no case can the mere circumstance

remark

of a vessel's being found within a given distance of a coast, to which, in the course of a lawful and customary trade, vessels on

India voyages may be constrained to approach, be deemed sufficient evidence that such vessel is actually destined for a port on that coast. Still less can it be requisite to dwell on
the enormity of inflicting capital punishment in the cases stated

W.

212

WORKS OF MADISON.

1805.

in the Edict, or the

in place of the tribunal

unexampled substitution of a Military trial and rules which the law and practice of
1

Nations have universally established. Persuaded, Sir, that you will view this measure of Gen Ferrand in all its violations of public law, and in its tendency, if
carried into execution, to threaten the harmony so happily prevailing between our two Nations, and the better to guard which was an object of the regulations lately provided by the Legislature of the U. States, in relation to their intercourse with the

W.

Indies, I take the liberty of requesting that

you will not

only make

the proper communication on the subject to your Government, but that you will be pleased, with the least possi1

ble delay, to address to Gen Ferrand the considerations most capable of diverting him from his rash and alarming purposes.

Notwithstanding the full reliance which is placed in the indignation with which the Emperor of the French will be inspired by such an outrage on the law of Nations, and such an abuse of
the authority confided by him to a distant officer, and in the remedy which he will cause to be applied, a more direct and

prompt interposition is rendered particularly necessary by the precipitancy with which the Edict is to be carried into execution, its commencement being postponed no longer than till the
21 of the present month.

Assuring myself that

this interposi-

and energy with which the occasion requires, and which will comport with your just and discerning appreciation of it, I have the honor to remain, with sentiments of high respect and consideration, Y r Mo. Obt Sv*.
tion will be afforded with all the readiness

TO R.

R.

LIVINGSTON.
WASHINGTON, July
5th, 1805.

DEAR
self

SIR,

Your

favor of the 29 ult. was duly handed to

I congratulate

me

by Mr. Townsend.

Mrs. Livingston and your-

Your

on your safe arrival, and on the shortness of the passage. trip up the North River was but a reasonable preliminary

1805.

LETTERS.

213

to your visit to Washington, and was advised, also, by the approach of the President's departure, which will take place in 8
or- 10 days. Mine will be within a few before or after his. Our return will be the last of September or the first of October,

when we

shall see

you with the greater pleasure, as -being more

convenient to yourself. The communications from

Gen Armstrong are not

1

later than

May

4.

Those from Madrid are of about the same date.

They

concur in shewing that Spain struggles much against our demands, and that France has her views in embarrassing, if not What the end will be remains to defeating, the negociation.

be seen.

Although appearances are not flattering, is there not some room to calculate that when France finds she cannot get her hand into our pocket, and that our disputes with Spain may involve herself, and throw the United States into the British scale, she will, unless events should place her above all such considerations, promote an adjustment of our affairs with her Whether Madrid or Paris be the Theatre, the issue, it ally? would seem, equally depends on the influence, or rather authority,

over the Spanish Cabinet.

TO JAMES MONROE.
r PHILADELPHIA, Sept 24, 1805.

DEAR SIR, The decision in the admiralty Courts of Great Britain, disallowing the sufficiency of landing and paying duties
on Colonial produce of belligerent colonies, re-exported from the parts of the United States, to protect the produce against British cruisers and courts, has spread great alarm among merchants, and has had a grievous effect on the rate of insurance. From the great amount of property afloat subject to this new and shameful depredation, a dreadful sense of distress may ensue to our Commerce. The subject was brought to attention by the case of the Aurora, which gave rise to the observations and instructions contained in my letter of 12th of April last. I
omitted in that letter to refer you to a case in Blackstone's
re-

214
ports,

WORKS OF MADISON.

1805.

where Lord Mansfield says that it was a rule settled by the Lords of appeal, that a transhipment off a neutral port wag equivalent to the landing of goods from an enemy's Colony,

and that
seizure.

in the case of a landing, there could

be no color for

As Mr. King's correspondence may not be in London, I think it not amiss to remind you of what passed with the British Government in 1801, in consequence of such seizures as A copy of the document transmitted by are now sanctioned. the Government to the Vice Admiralty Courts, as the law for
their guidance, is inclosed.
If such a

own mouths has no

lute submission, or

effect, all

condemnation out of their reasonings will be lost; and absoin vindication of our neu-

some other resort

tral rights, will be the only alternative left. I hope you will have received the instructions

above referred will have a that had and to, your interposition good effect. I am engaged in a pretty thorough investigation of the original principle, to which so many shapes are given, namely, that "a trade not open in peace is not lawful in war/' and shall furnish you with the result as soon as my researches are digested. If
I am not greatly deceived, it will appear that the principle is not only against the law of nations, but one which Great Britain is precluded from assuming by the most conclusive facts and

arguments derived from

herself.

It is

wonderful that so much

silence has prevailed among the neutral authors on this subject. I find scarcely one that has touched on it, even since the predalect

known to all the world. If you can col"' which can aid in detecting and exposing any publications the imposture, be so good as to send them.
tory effects have been

TO

G.

W. ERVING.
WASHINGTON, November
1,

1805.

DEAR

SIR,

By Mr. Smith, to

whom

this is

committed, you

will receive the public letter in which the course approved by the President is marked out for your conduct at Madrid. The grounds for it are strengthened by the posture of things in Eu-

1805.

LETTERS.

215

and by the approach of the session of Congress. The impression made on this country by the proud and perverse conrope,

clusion given

by Spain to the endeavours of Mr.

and

to adjust our differences, ought, if faithfully reto to teach her a lesson at all times, and her, ported salutary She may be sure that particularly so at the present moment.

Mr.

she will never better her stipulations with this country by deIf she calculates on the friend at her elbow, or be jogged lay.

by him into

not altogether her own, she is so far to be pitied or despised as she avails herself of such explanations. But here, again, she receives a lesson from the scene which apfollies

pears to be opening in Europe against the Imperiarcareer of France. England seems as ready to play the fool with respect
to this country as her enemies. tions on our Commerce in the

She is renewing her depredamost ruinous shapes, and has kindled a more general indignation among our Merchants than was ever before expressed. How little do those great Nations in Europe appear, in alternately smiling and frowning on the U. States, not according to any fixed sentiments or interests, It will but according to the winds and clouds of the moment be the more honorable to the United States if they continue to present a contrast of steady and dignified conduct; doing justice under all circumstances to others, and taking no other ad!

vantage of events than to seek it for themselves. For our domestic news, I refer to the Newspapers which go by Mr. Smith. Congress do not meet till December. Their session will involve important questions and measures relative
to the transactions of

Europe having unsettled relations

to this

Country, or committing wrongs against it. The attention which you have been so good as to pay to sending to us publications useful for the Department of State
induces
rid,

you will, during your stay at MadBooks on diplomatic and commercial whatever procure

me

to request that

such as may subjects deserve a place in the office shelves; also, relate to America generally, and particularly the Ordinance, &c., relating to the Indies and Islands belonging to Spain. This

216

WORKS OF MADISON.
own
to the pertinent objects.

1806.

general intimation will readily be applied by your

judg-

ment

TO MR. MERRY, BRITISH PLENIPOTENTIARY.

DEPT OP STATE,
Janr, 1806.

I have received the letter in which you have done me SIR, the honor to communicate, for the information of this Govern-

ment, that his Britannic Majesty has directed a discontinuance of the Blockade at the entrance of the rivers Elbe and Weser.
occasions as

Considering communications from your Government on such made with a view to relieve our Merchants from the

uncertainty they might otherwise be under, whether, on arriving at a given port, they would or would not find it in a state of Blockade, and be warned against entering it, the communications are received as friendly marks of attention to the commerYou will pardon me for cial interests of the United States.

remarking, at the same time, that this is the only light in which they can be reconciled with the true principles of blockade, and
the unquestionable rights of neutral commerce.

TO JAMES MONROE.
WASHINGTON, Jan*
13, 1806.

wrote you on the 8th instant, inclosing a pamSIR, on the principle in question between this Country and phlet Great Britain, and mentioned that it would be communicated by the President, with other documents on the subject. This will not be done, and I have written to recall the letter and pamphlets from the parts to which they were sent. If either of the copies should have gone to sea, and should reach you, be so good as to consider the whole as cancelled, and not to appear in your archives. The letter of this date, which this accompanies, is the substituted communication. I meant to have writI

DEAR

ten you fully, but

it is

not in

my power.

With

respect to your

1806.

LETTERS.
hope you will at
least postpone it
till I

217
can communi-

return, I

cate the final sentiments of the President, which will soon be

done.

Congress have not yet taken up our British through our Spanish.

affairs,

nor got

TO GEN 1 LA FAYETTE.
WASHINGTON, Feb*
21, 1806.

MY DEAR SIR, Your favor of December 8 was duly delivered by Mr. Waddell. The one inclosed for Col. Toussard will be
forwarded as soon as possible. It is with the sincerest regret, my excellent friend, that I find myself unable to give you such an answer as you wish, with respect to a loan here, which would meet your exigencies in the beginning of next year. Col. Toussard conferred with both Mr. Gallatin and myself on that subject, and must have communicated our anxious but unavailing deliberations on the means of In truth, there is no country, where effecting such an object.

money exists at all, that is so unproductive of lenders as this. The Banks, as well from the nature of their constitution as from
the critical situations into which the sudden jerks in our trade

frequently throw them, make no loans, either on landed security, or for more than very short and fixed periods. Nor has Mr.

Gallatin even, much less myself, any of that sort of weight with these institutions which could diminish the difficulty. And such
is

the

demand

for

money
the

to carry

commerce, and
dividuals
tainable.

in landed property, that loans

on the private enterprizes in from the few inof

who have

command

money are

utterly unat-

I feel great pain in

truths; but as they unfortunately exist, it

communicating such unwelcome would be perfidious to

suppress them.
things in

must hope, therefore, that the state of Europe may be less unpropitious to your arrangements
found to be in this quarter.

We

than

it is

already know that Mr. Du Plantier has been charged with the location of your land, and that he will be aided by

You

218

WORKS OF MADISON.

1806.

Governor Claiborne in the trust. I have only now to add, that have not yet received from either any information that is worth detailing to you. They are both full of zeal to do the most for you, and it will be reinforced by that of Col. Toussard, who, I hope, will keep you informed directly from the spot of the progress and prospect of the locations. The President writes by Mr. Skipwith, the bearer of this, and will say all that can be said as to one which has been particularly contemplated. r I fear, from what Gov Claiborne tells me, that nothing can be
I
I shall not fail to put of the tract claimed by Marigny. of the cotton land near Plantier on the scent him and Mr. Du

made

Point Coupe, to which your attention has been drawn. As Mr. Skipwith has been a considerable time among us, and proceeds immediately from the focus of our political affairs, I
refer to

him for every thing, except the affectionate assurance with which I remain your constant and faithful friend.

TO JAMES MONROE.
WASHINGTON, March 10th, 1806.

DEAR

SIR,

We

are waiting with solicitude for the answer

promised you by Lord Mulgrave early in December, and for the effect of the President's message, with the information probably
transmitted from British sources here, on the Counsels of that Government. These, I presume, will have been received pretty
early in January. The effect of the campaign in Germany may be greater than that of any other cause; but as we cannot foresee the course of events, and know here very imperfectly the real character of those which are passed, we can make little use of that fund of calculation. Our last accounts from the Theatre

of the

war are

those contained in the publications in

London

on the 17th and 19th of December, which are

month.
This
is

less fitted to ex-

plain than to cloud the operations of the early days in that

the 4th

month

since the Session of Congress com-

1806.

LETTERS.

219

rnenced.

subjects of most striking importance were the posture of things with Spain and Great Britain. That with Spain was the subject of a special and confidential message

Very little conclusion. The two

business, however, has been brought to a

from the President, which followed on the heels of the general message. It intimated to Congress the ground disclosed through Armstrong for an adjustment of the depending difficulties under the auspices of France, and was expected to have produced, without delay, a provisional appropriation analogous to that which was made for the negociation by you and Livingston. A very unexpected and elaborate opposition, however, to the purchase of an adjustment, tho' securing East as well as West

And a furFlorida, spun out the question till a few days ago. ther delay is now taking place in consequence of opposition in the Senate to Armstrong, whom, with Bowdoin, the President
has nominated for the commission to treat at Paris.
sition to
is

The oppooccasioned a by very misjudged opinion Armstrong given by him in the case of the ship New Jersey, and the offence and complaints which it has excited among the merchants and

underwriters.

As soon

the instructions will be forwarded

as a confirmation shall pass the Senate, by a vessel now waiting for

the tide of French success should have changed the disposition which existed in September, a satisfactory, or at least an admissible result, may be hoped.

them; and

if

The British case was also the subject of a special message, given in as soon as the Spanish one was finally provided for in
House of Representatives. It was accompanied by sundry documents, including your letter of the 18th October, which was noted as peculiarly confidential, and withdrawn after being In this case, also, the delay and deliberations have thus read.
the
far been unexpectedly tedious, and are likely to continue so. For what has passed in it, I must refer you to a file of papers

which will be committed to the bearer, Mr. Prentiss. Whether any and what harmonious result will succeed the discord of opinions and projects coming forward, remains to be seen. The merchants are zealous for an Extraordinary commission for the
negociating experiment.

In

this,

they are seconded by those

220

WORKS OF MADISON.

1806.

who are averse to any legislative remedies, and by some, perhaps generally, by those who wish a negociation to be armed with legislative provisions. The President has decided nothing on this point as yet. I shall not fail to communicate his intenYou will of tions as soon as they are ready for the purpose. course be included in such a commission, unless it should be
previously known that you will certainly not be on the ground to act under it. I need not express to you the confidence which your participation will add in the mind of the President. On
the other hand, he
is

too

much impressed with

letters

the weight which

your may urging your return, already so long suspended, to require a further sacrifice of what you owe to yourself and your family. You will find much in the newspapers with respect to Yrujo

the reasons suggested in

continue to have in

and Miranda. The case of the former fully explains itself, and no longer interests the public attention. That of the latter is still a subject of much noise and misrepresentation, and vigorous attempts are
ministration.

made

Miranda had the address

to turn it into a battery against the adto make certain persons

at

York, among others Col. W. Smith, the Surveyor, beon his visit to Washington, he had enlisted the Executive into a secret sanction of his project. They fell into the snare; and in their testimony, when examined, rehearsed the representations of Miranda as to what passed between him and the

New

lieve that,

Executive.

Hence

the outcry against the latter as violating

The truth is, that the law of nations against a friendly power. the delicate most attention to the government proceeded with its duty; on one hand keeping in view all its legal obligations to Spain, and on the other, not making themselves, by going beyond them, a party against the people of South America. I do not believe that in any instance a more unexceptionable course was ever pursued by any Government. We have had a most remarkably mild winter, resembling, with the exception of a very few days of vigorous cold, rather the autumn and Spring than the real season. The wheat has been in a constant state of growing, and is now as much advanced as is usual in the month of April. We have, of course,

1806.

LETTERS.

221

a prospect of good crops. The last crop was of good quality, but not a great one, in Virginia at least. That of Tobacco was rather short, and of inferior quality. The price of both artiWheat sells from a dollar to a dollar cles is at present dull.

and a quarter.
a
half, I

about six dollars.

which, I make a visit as soon as Congress adjourn. The President is just taken with one of his afflicting periodical headaches. hope, from some symptoms, that it will be

Tobacco of the best quality at Richmond at Having not been in Orange for a year and can say the less of the state of things on your estate, understand, has been farmed out. I shall, if possible,

We

less severe

than his former ones.

I fear

respondence, but

you will have considered me as a delinquent in my corit is an appearance I could not possibly avoid.
months, the weight

For the

last year, especially the last 5 or 6

of business has almost broken

me down, and robbed me of every

leisure for writing to my friends, even where public consideraI beg tions, as well as private inclination, recommended it.

you

to be assured that the privation could in no case be more sincerely regretted than it has been in yours; that I feel myself
for the numerous private communications I have received from you; and that, with the united regards of Mrs. M. and myself for you and Mrs. Monroe, I remain, dear sir.

much indebted

Private.

Triplicate.

LONDON, March

11, 1806.

DEAR SIR, I have seen Mr. Fox and Mr. Grey to-day, and had long conversations with each on our affairs, and have the pleasure to inform you that the sentiments which they expressed were of the most conciliating character. I cannot say that our affairs will be arranged to our satisfaction, but I have the utmost confidence that it will be the case. I ask'd Mr. Fox if he had read my notes, &c.? He said he had. Cannot we agree? He saw no reason to suppose the contrary. If you were to insist on the principle of the late decisions, you would embroil

222

WORKS OF MADISON.

1806.

yourself with Russia. Yes, said he, and with other powers. He seemed to admit that the ground of the Russian Convention

could not be opposed by G. Britain. But he added that he was not authorized to state that by any decision of the Cabinet. I

have no doubt, however, that the Cabinet will be brought into He assured me that the business should be concluded as it. soon as possible, and certainly at no distant day. With Mr. Grey I conferred principally on the impressment of seamen, tho' I took occasion to give a sketch of the other; on which latter
he was reserved, as I supposed, because it was not in his department. He informed me that great abuses were committed
in granting protections, of

that were most shameful.

which he gave me some examples, expressed, however, a very sinevil to the desire cere remedy complained of on both sides, to think a On the whole, which he seemed practicable thing. I have great confidence in the opinion expressed above. The 13 Jany is the last letter which I have from you. The pamphlet I think it is received, and will, I think, be republished here. may be useful to have a sufficient number of copies struck to be put into the hands of the Ministry, and circulated among the members of Parliament. I hope that as soon as it is known

He

that the Ministry here has changed, our proceedings will assume a conciliating tone, and that it may even be understood

that the

more liberal and just character of the present one, which inspires confidence in the adoption of a system of just
measures, is the cause of it. I am satisfied that such a change on our part would produce the happiest effect. Should everything fail, we shall be where we were, after giving a new proof of our disposition to conciliate. I write you in haste this pri-

vate

letter, to

be sent by different conveyances.

1 your friend and serv
.

I am, dear sir,

P. S. Lord Selkirk

is

appointed to succeed Mr. Merry.

1806.

LETTERS.
TO JAMES MONROE.
WASHINGTON, May

223

17, 1806.

DEAR SIR, Your last favor was of March 11. The language of Mr. Fox and Mr. Grey raises very favorable prospects; but I am aware of the difficulties that may occur in settling details,
as well as in defining general principles. Other members of the Cabinet may also not concur in the liberal dispositions of those

gentlemen.

This goes by Mr. Pinkney, who is charged with the joint commission, and instructions commensurate with its The commercial one will doubtless be felt by you in objects.

all its delicacy. I need not suggest the expediency of guarding against the particular vices, of that of 1794, or against others which might result from inattention. I hope the outline fur-

nished you will be a safe guide, and that, as far as any practical information may be required in aid of your and Mr. Pinkney's
general acquaintance with the course and character of our commercial relations to G. Britain, you will be able to obtain it

from mercantile sources on the spot. Perhaps Mr. Jas. Maury, who must be well acquainted with the commerce between G. Britain and this Country, may be consulted with advantage on modifications which may be proposed by the adroitness of the British Government on commercial and navigation points. Mr. Pinkney has read over our correspondences with France and Spain, as well as with G. Britain; and understands particularly the objects committed to Mr. Armstrong and Mr. Bowdoin. To It will be happy, if, notwithhis information I must refer you. which have so unexall the and difficulties standing delays
pectedly occurred, a final adjustment of everything should take place with Spain. According to our latest accounts, there is

no delay had arisen, the negociations would have come on at a most favorable moment. Much will now depend on the prospect of a peace or a continuance of war between G. Britain and those powers. The complexion, if not
reason to believe that
if

the issue, of your negociations will doubtless feel a like influMr. Pinkney and the newspapers will best explain the The Republicans, having lost the state of our internal affairs.
ence.

224

WORKS OF MADISON.

1806.

cement given to their union by the rivalship of the Federal party, have fallen in many places into schisms, of which the latter are taking advantage. It is to be hoped, however, that as new danger arises, it will heal the breaches which have been permitted by a state of security.

TO JAMES MONROE.
WASHINGTON, June
4, 1806.

SIR, you will receive a duplicate of the him taken with by Mr. Pinkney, who sailed from despatches Baltimore fourteen days ago; as, also, a supplemental instructhis

DEAR

With

tion to

you and him on the subject of the Indian trade, together

with some other documents, particularly copies of Mr. Merry's communication and my answer on the notified blockade of the

4 German rivers.

Mr. Merry communicated verbally, at the same time, the contents of a letter to him from Mr. Fox, dated April 7, in which Mr. Fox apologized for the delay in Treating with you on the subject in controversy; expressed the good will of the King towards the United States, and his wish for the establishment of friendship on solid and lasting foundations; and gave assurances that not a day would be unnecessarily lost in proceeding to the work. As a like communication has probably been made to you, we expect daily to hear from you on the
subject.

In the instruction to yourself relating to the convention of was signified as necessary to guard against a constructive relinquishment on our part of the Island of Grandmenan. I have not been able to investigate fully the several
limits, it

questions concerning that object. But although, in some respects, the possession of it is desirable to the United States, I

doubt the propriety, under

if in

all circumstances, of suffering our claim to the Island to defeat or retard the definitive adjustment,

other respects satisfactory. It will be well, at the same time, to go a prudent length in maintaining our claim, and, if possible, to avoid shutting the door against future discussion

of

it.

1806.

LETTERS.

225

I find, by the last accounts from Boston, that the Republicans have at length succeeded in getting a majority in each branch of the Legislature. In the Senate the majority is a bare one; in

House of Representatives it amounts to about fifty. Governor Strong has a hundred or two votes more than Mr. Sullivan. But it is not certain that, for want of a Constitutional
the
majority, the election will not devolve on the Legislature. In New York the Federalists have also rather lost ground; but a
violent schism exists between those of their opponents who adhere to Governor Lewis and those headed by the Clintonian The proportional relation between these parties does family. not appear to be ascertained. In general, the politics of that

State are but imperfectly understood out of

it.

TO PIERREPONT EDWARDS.
WASHINGTON, August
4,

1806.

SIR,

and am
tions

have received your two favors of the 30 and 31 ultimo, much obliged by the kind and confidential communicaI

made

in them.

to the suggestions that an improper and of Smith acquittal Ogden was to be apprehended from the course which was indicated. But it was impossible to apply a remedy without establishing a precedent objectionable in itself,

We were not inattentive

and which might be turned

to a

more mischievous account than

the case apprehended. also, fully, of the policy in summoning the testimony from Washington; but it was thought best, on the whole, and in a permanent view, to meet it

We were aware,

mode pursued, rather than to abandon our public duties, and exhibit the Heads of Departments as the sport of party management, and appearing in court, not for the sake of evidence, which it was known was irrelevant, and, therefore, could not be received, but rather to be examined as so many culprits. It were certainly to be wished that a fair state of the transaction, as far as the interviews of Miranda with the Executive are connected with it, could be laid before the public. It would
in the

VOL.

II.

15

226

WORKS OF MADISON.

1806.

prove, I believe, that the conduct of the latter was precisely such as became the guardians of the laws, and as was required

by justice, honor, and sound policy. There is a real difficulty, however, in making such a disclosure without encountering obvious objections of different kinds, some of them apparently insuperable in their nature. The disclosure, therefore, must be left to time, which alone will do full justice to all parties. For the present, the public must be left to its candid inferences from the circumstances before it; and I cannot but believe that these
everywhere, except the immediate theatre of the illusions, be such as they ought; nor do I think that even there the illuwill,

sions will long resist the force of some of the facts brought out on the trial. It is against all experience that evidence, law,

and argument, can long be borne down by such means as have been employed against them.

A MEMOIR,
CONTAINING AN

EXAMINATION OF THE BRITISH DOCTRINE,

WHICH SUBJECTS TO CAPTURE

A NEUTRAL TRADE
NOT OPEN

EST

TIME OF PEACE.

EXAMINATION OF THE BRITISH DOCTRINE

WHICH SUBJECTS TO CAPTURE

A NEUTRAL TRADE NOT OPEN IN TIME OP PEACE.

IN

course

times of peace among all nations, their commercial interis under no other restrictions than what may be imposed

by their respective laws, or their mutual compacts. No one or more nations can justly control the commerce between any two or more of the others. When war happens between any two or more nations, a question arises, in what respect it can affect the commerce of nations
not engaged in the war ? Between the nations not engaged in the war, it is evident that the commerce cannot be affected at all by a war between
others.

As a

lations of amity

nation not engaged in the war remains in the same reand of commercial pursuits, with each of the

belligerent nations, as existed prior to the war, it would seem that the war could not affect the intercourse between the neu-

and either of the belligerent nations; and that the neutral nation might treat and trade with cither, or both the belligerent nations, with the same freedom as if no war had arisen between them. This, as the general rule, is sufficiently estabtral

lished.

But inasmuch as the trade of a neutral nation with a

belliger-

ent nation might, in certain special cases, affect the safety of its antagonist, usage, founded on the principle of necessity, has admitted a few exceptions to the general rule.

Thus,

all

instruments of war, going into the hands of one

030

WORKS OF MADISON.
may be
intercepted, on the high seas,

1806.

belligerent nation,

by

its

adversary. In like manner, a neutral trade with a place actually besieged is liable to be interrupted by the besiegers.

on one side, though strongly contested that the the on other, property of a nation at war, in a neutral be seized and condemned by the enemy of that nation. ship, may
It is maintained also

To these exceptions, Great Britain has undertaken to add She asserts a right to inanother, as important as it is new. tercept the trade of neutrals with her enemies, in all cases,
where the trade, as it respects the ship, the cargo, or even the individual port of destination, was not as free before the war, as it is made during the war.
In applying this doctrine, the British government and courts have not, as yet, extended it beyond the trade of neutrals on the coasts, and with the colonies of enemies. But it is manifest, that this limitation is founded in considerations of expediency only; and that the doctrine is necessarily applicable to every other branch of neutral commerce with a belligerent nation, which was not open to the same nation in time of peace. It might indeed with equal reason be extended farther. It might be applied to the case of a trade legally permitted to foreign nations in time of peace, but not actually carried on by them in time of peace; because in time of peace actually carried on by the nation itself; and which is taken up by foreign nations in
time of war only, in consequence of the war, which, by increasing the risk or by finding other employment for the vessels and

seamen of the nation

serted channels.

itself,

invites neutral traders into the de-

In both cases, the neutral intervention may be said to result from the pressure of the war; and in both
cases, the effect is the same to the belligerent; since in both, neutrals carry on for him, a trade auxiliary to his prosperity and his revenue, which he could no longer carry on for himself; and

which at the same time, by liberating his naval faculties for the purposes of war, enables him to carry on the war, with more vigor and effect. These inferences cannot be impaired by any

1806.

EXAMINATION,

ETC., ETC.

231

sound distinction, between a trade of foreigners with colonies, and a trade of foreigners with the ports of the mother country. Colonies, more especially when they are altogether subject to the same authority which governs the parent state, are integral parts of the same dominion or empire. A trade, therefore, between a colonial port and a port of the parent or principal State, is precisely of the same nature with a trade between one and another port of the latter: and a trade between a colony and a foreign port is, in like manner, precisely the same with the trade between a foreign port and the parent country; which is only a more considerable, as a colony may be a less considPrevious to the erable, part of the same country or empire. late political union of Ireland with Great Britain, the relation between those two islands was strictly analogous to the relation between Great Britain and the West Indies. Was any difference ever entertained between a coasting trade from a British to a British port, and a trade from a British to an Irish port? or between a trade from a foreign port to an Irish port, and a trade from a foreign to a British port? In the nature of things, and in the eye of foreign nations, the cases were the same. If any difference existed, it was merely circumstantial,
incident to all cases essentially the same; or merely municipal, such as may result from those regulations of

such as

may be

which all sovereigns have an acknowledged right to make. would not be unfair, therefore, in examining the doctrine asserted by Great Britain, to view it in the whole extent of which it is susceptible. But the latitude in which it is avowed, and carried into operation, sufficiently demands the serious attention of all nations; but more than any, that of the United States, whose commerce more than any is the victim to this beltrade,
It

To prepare the ligerent pretension. several remarks are to be premised.

First.
tral

way

for this examination,

The general rule being, that the trade between a neuand belligerent nation is as free as if the latter were at peace with all nations, and the cases in which it is not as free
being exceptions to the general rule, the exceptions, according

232
to a received

WORKS OF MADISON.
maxim

1806.

of interpretation, are to be taken strictly, against those claiming the benefit of the exceptions, and favorably for those claiming the benefit of the general rule.

Secondly.

The exceptions being founded on a

principle of

necessity, in opposition to ordinary right, the necessity ought In proportion as the necessity may to be evident and urgent.

be doubtful, and
tral interests

still

more, in proportion as the sacrifice of neuto the belligerent, the

would exceed the advantage

exception

fails.

Thirdly. The progress of the law of nations, under the influence of science and humanity, is mitigating the evils of war, and diminishing the motives to it, by favoring the rights of those

remaining at peace, rather than of those who enter into war. Not only are the laws of war tempered between the parties at war, but much also in relation to those at peace.

Repeating then, that every belligerent right to controul neutral commerce must, as an exception to the general freedom of
strictly proved, and the more exceptions are in a course of restriction rather than extension, the question is ready for examination, whether
strictly, as the
it

commerce, be positively and

in time of peace,

be a part of the law of nations, that a trade ordinarily shut and opened to neutrals in time of war, on acis liable,

count of the war,

as

much

as a trade in contraband of

war or with a blockaded

port, to capture

and condemnation.

It will not be overlooked, that the principle, as thus laid down, does not extend to any of the cases, where a new trade,

though opened during a war, is not opened on account of the war, but on considerations which would produce the same measure, if no war existed: from which follows another important observation, that taking into view the probable occurrence
of such considerations, the still greater probability of a mixture of such with considerations derived from the war, the impossibility of distinguishing the proportion of these different ingredients in the mixture, with the evident disadvantage of render-

ing more complicated, instead of simplifying, a rule of conduct between independent nations, to be expounded and enforced by

1806.

EXAMINATION,
it

ETC., ETC.

233

one of the parties themselves,

effort of candor, to

to require no great the acknowledge powerful objection in praca were it to such tice, principle, really embraced by the most

would seem

specious theory.

But without dwelling on this view of the subject, however just in itself, the principle in question will be tried: FIRST by the writings most generally received as the depositaries

and oracles of the law of nations;

SECONDLY by the evidence of treaties; THIRDLY by the judgment of nations, other than Great
Britain
;

FOURTHLY
FIFTHLY
ciple.

by the conduct of Great Britain herself; by the reasoning employed in favor of the
authorities on this subject.

prin-

First.
It

The written

cannot be necessary to examine the historical fragments which have been gleaned by modern authors, as evidence of the
usage and tenets of the civilized nations of antiquity. The great change which has taken place in the state of manners, in the

maxims of war, and

in the course of

commerce, make

it

pretty

to the question, or nothing sufficiently applicable, to deserve attention in deciding it. There is but little hazard in saying, that in none

certain, that either nothing

would be found relating

of the learned collections, is a single fact presented, which countenances the British pretension; or even shews, that a single
ancient nation asserted or acted on
it.

a cursory review of the naval laws of Rhodes, of Oleron, of Wisbuy, and of the Hanse Towns, they appear to be perfectly

On

barren of information.

to subjects within notice the law-merchant, taking no of questions between nations; and are no further binding on particular nations, than [as]

They are confined

may be respectively adopted into their municipal codes. The ancient compilation under the title of Consolato del Mare, a work of great authority with British jurists, has two
they

chapters which treat particularly of captures and recaptures. They do not, however, touch any cases but those where either

WORKS OF MADISON.

1806.

the ship or the cargo, in whole or in part, might be enemy's property; and consequently are inapplicable to the case under

examination.*

Descending to more modern times, the

offers itself, is the

first

authority which

work of Albericus

Gentilis.

He was the immediate precursor of Grotius, and has the merit of preparing the way for the great work supplied by the genius and erudition of the latter. Gentilis being so soon eclipsed by a superior authority, is but little known beyond a few occasional citations, which, as far as they may not coincide with the doctrines of Grotius, are, for the most part, superseded by

them.

Grotius

is

father of the

not unjustly considered, as in some respects, the modern code of nations. Great, however, as his

authority deservedly may be, it yields, in a variety of instances, to that of later jurists; who, to all the lights furnished by this

luminary, have added those derived from their own sources, and from the improvements made in the intercourse and happiness

of nations.

On

the relations between belligerent and neutral nations,

Grotius has but a single, and that a short chapter, (B. Ill, Ch. 17,) with three short sections, Ch. 1, sec. 5, of the same

book with a
sec. 6,

note,

and B.

II,

Ch.

2, sec. 10,

and B.

Ill,

Ch.

6,

with a note.t

The chapter begins with

the following

paragraph: "It may seem needless for us to treat of those that are not en-

gaged
*

in war,

when

it is

manifest that the right of

war

cannot

Azuni has given a very learned account of these ancient compilations, par-

ticularly of the Consolato del Mare, which he considers as a work of the Pisans, during the period of their maritime prosperity. t The extracts in the text are from the English edition and translation of Grotius,

there

which is in general loose, and sometimes erroneous. It was inserted before was an opportunity of comparing it with the original. " Supervacuum videri posset agere nos de his. qui extra bellum sunt positi, quando in hos satis constet nullum esse jus bellicum. Sed qnia occasione belli
in eos. flnitimos praesertim, patrari solent praetexta necessitate,

multa

repetendum

hie breviter

quod diximus

alibi,

necessitatem ut jus aliquod det in rem alienam,

1806.

EXAMINATION,

ETC., ETC.

235

them: but because upon occasion of war, many things are done against them on pretence of necessity; it may be proper here briefly to repeat what we have already mentioned* before, that the necessity must be really extreme, to give any right to anaffect

other's goods: that it is requisite that the proprietor be not himself in the like necessity. When real necessity urges us to

we should then take no more than what it requires; that the bare keeping of it be enough, we ought to leave the use of it to the proprietor; and if the use be necessary, we ought
take,
is, if

not to consume
to return the

it;

and

if

we cannot
it."

help consuming

it,

we ought

full

value of

Having

the effect of

illustrated this exemption of neutral property from war between others, with the sole exception of cases

of extreme necessity, by a train of examples, he proceeds to lay down the duty of neutrals towards the belligerent parties, as
follows:

in the war, to sit

the duty of those who are not engaged and do nothing that may strengthen him that prosecutes an ill cause or to hinder the motions of him that hath justice on his side, as we have said before. [Ch. 1, of this But in a dubious cause to behave themselves alike B., sec. 5.] to both parties; as in suffering them to pass through their country, in supplying them with provisions, and in not relieving the the other side
it is
still

"

On

besieged." In illustration of the impartiality here enjoined, a number of instances are specified in the sequel of the chapter

and the notes.

The 5th section of chapter 1, above referred to, makes up the whole of what Grotius teaches on this branch of the subject. As it is more definite and particular than the other extracts,
the insertion of
it,

though of greater length, will be proper.

domino par necessitas non
subsit:

summam

esse debere: requiri prseterea ut ipso

etiam ubi de necessitate constat, non ultra

todia sufficiat,

non sumendum usum;

si

sumendum quam exigit: id est, si cususus, non sumendum abusum: si abusu

precise sentiment
is

sit opus, restituendum tamen rei pretium." * B. II, Ch. 2, sec. 10, in which the same

contained as

is

here repeated.

236

WORKS OP MADISON.

1806.

*"Here
" " "

may

also there uses to arise another question, what we lawfully do to those who are not our enemies, nor are

willing to be thought so, and yet supply our enemies with cerThere have been formerly, and still are great tain things.
disputes about this matter, some contending for the rigors [tof the laws] of war, and others for a freedom of commerce.

"
"

"

"
"

"
" "

"But first we must distinguish between the things themselves. For there are some things which are of use only in war, as arms, &c. Some that are of no use in war, as those that serve only for pleasure; and lastly, there are some things that are useful both in peace and war, as money, provisions, ships, and
naval stores.
it is

Concerning the

first

true

what Amalasuintha said

(things useful only in war) to the Emperor Justinian,

"
"

is to be reputed as siding with the enemy, who supplies him with things necessary for war. As to the second sort of

he

non

" Sed et questio incidere solet, quid liceat in eos qui hostes non sunt, aut dici sunt, sed hostibus res aliquas subministrant. Nam et olim et nuper de ea re

acriter certatum scimus,

defenderent.

cum alii belli rigorem, alii commerciorum libertatem Primum distinguendum inter res ipsas. Sunt enim qua; in bello

tantum usum habent, ut anna: sunt quse in bello nullum habent usum, at quae voluptati inserviunt; sunt quae et in bello et extra bellum usum habent, ut pecuIn primo genere verum est dicnise, commeatus, naves, et quse navibus adsunt.

tum Amalasuinthse ad Justinianum, in hostium esse partibus qui ad bellum necessaria hosti administrat. Secundum genus querulam non habet." "In tertio illo genere usus ancipitis, distinguendus erit belli status. Nam si
tueri

me non possum

nisi quae

mittuntur intercipiam, necessitas, ut alibi exposui-

mus, jus dabit, sed sub onere restitutionis, nisi causa alia accedat. Quod si juris mei executionem rerum subvectio impedierit, idque scire potuerit qui advexit, ut si oppidum obsessum tenebam, si portus clauses, et jam deditio aut pax expectabatur, tenebitur ille mihi de damno culpa dato, ut qui debitorem career!
exemit, aut fugam ejus in

meam fraudem

instruxit: et

ad damni dati

modum

res

quoque
Si

ejus capi, et

dominium earum

debiti consequendi causa quaeri poterit.

damnum nondum

dederit, sed dari voluerit, jus erit

rerum retentione eum co-

gere ut de future caveat obsidibus, pignoribus aut alio modo. Quod si preterea evidentissima sit hostis mei in me injustitia, et ille eum in bello iniquissimo confirmet,

jam non tantum civiliter tenebitur de damno, sed et criminaliter, ut is qui judici imminenti reum manifestum eximit: atque eo nomine licebit in eum statuere quod delicto convenit, secundum ea qua de poems diximus; quare intra

eum modum
t

The

original

etiam spoliari potent." " belli is rigorem," rigor of war.

1806.

EXAMINATION,

ETC., ETC.

"
"

from Seneca] there

"

things [for pleasure only, of which sort he gives examples is no just cause of complaint.
that are useful at all times, state of the war. For if I

"

As to the third sort of things, we must distinguish the present

"
"

cannot defend myself without interrupting those things that are sent to my enemy, necessity* (as I said before) will give " me a good right to them, but upon condition of restitution, un"
less I

"
" "

hinder the execution of

"
"

have just cause to the contrary. But if the supply sent my designs, and the sender might have known as much; as if I have besieged a town or blocked up a port, and thereupon I quickly expect a surrender, or a peace,

that sender is obliged to make me satisfaction for the damage that I suffer upon his account, as much as he that shall take a " prisoner out of custody that was committed for a just debt, or
"

helps him to

make

" " "

portionably to

my

his escape, in order to cheat me; loss I may seize on his goods

them as

my own,

for recovering

what he owes me.

and proand take If he did

it,

not actually do
*

me any damage,

but only designed

authority,
is

then

The note here of Barbeyrac, himself a respectable

it

interesting

both as

corroborates the liberal spirit of Grotius in favor of neutral commerce, and as it explains the ideas not only of Barbeyrac but of Cocceius, another respectable jurist, in relation to blockades. The note is as follows, see p. 519, note

" Our author [Grotius] here supposes the case of being reduced to the last extremity; and then his decision is well founded, whatever Mr. Cocceius says, Dissert, de Jur. Bel. in Amicos, sect. 12, wherein he only criticises our author in regard to what he advances elsewhere, that in case of necessity, the effects become common. It is true, it suffices, that at such a time the goods of another may be used without even the proprietor's consent. But as to the following cases, that
5:

lawyer has reason, in

my opinion, to say, 15, 17, that provided that in furnishing corn, for instance, to an enemy besieged and pressed by another, it is not done with design to deliver him from that unhappy extremity, and the party is ready to sell the same goods also to the other enemy, the state of neutrality and
liberty
is

the

more reason

of commerce leave the besieger no room for complaint. I add, that there for this, if the seller had been accustomed to traffic in the

same goods with the besieged before the war." This last remark of Barbeyrac, as meant by him, is just. The primary duty of a neutral is impartiality; and the circumstance of an antecedent and habitual trade to the same place, would be
the strongest, though not the only evidence, that the continuance of it, proceeded from the ordinary motives of mercantile gain, and not from an unlawful partiality towards one of the nations at war.

WORKS OF MADISON.
" "
" " "

1806.

have I a

by detaining those supplies, to oblige him to give security for the future, by pledges, hostages, or the like. But further, if the wrongs, done to me by the enemy, be openly unjust, and he, by those supplies, puts him in a conright,

me

dition to maintain his unjust war, then shall he not only be obliged to repair my loss, but also be treated as a criminal, " as one that rescues a notorious convict out of the hands of
" " "

and in this case it shall be lawful for me to deal with him agreeably to his offence, according to those rules which " we have set down for punishments; and for that purpose I " may deprive him even of his goods." The following extracts explain the principles of Grotius on the cases, where the property of an enemy is found in a neutral
justice;
ship, or neutral property in a belligerent ship. In a note to B. Ill, Ch. 1, sec. 5, Grotius cites the

Consolato

might be taken but that the an in neutral ships, ship of enemy did not affect the neutral cargo, nor the cargo of an enemy, the neutral ship. The residue of this long note recites and disapproves the attempts
del
for the doctrine that enemy's property

Mare

of Great Britain, France and other nations, to prohibit altogether the trade of neutrals with their enemies.
Ill, Ch. 6, sec. 6: "Wherefore the common saying, that in our enemies' ships are reputed theirs, is not so found goods to be understood, as if it were a constant and invariable law of

*B.

the right of nations; but a maxim, the sense of which amounts only to this, that it is commonly presumed, in such a case, the

whole belongs to one and the same master; a presumption, however, which, by evident proofs to the contrary, may be taken And so it was formerly adjudged in Holland, in a full asoff. sembly of the sovereign court during the war with the Hanse Towns in 1333, and from thence hath passed into a law."
*

Quare quod

dici solet, hostiles censeri res in

sit juris

ita accipi

debet quasi certa

hostium navibus repertas, non gentium lex, sed ut proesumptionem quan-

dam indicet,
ita in

quae tamen validis in contrarium probationibus possit elidi. Atque Hollandia nostra jam olim, anno scilicet 1338, flagrante cum Ansiaticis bello, frequenti senatu judicatum, et ex judicato in legem transiisse comperi.

1806.

EXAMINATION,

ETC., ETC.

39

In a note to this section, Grotius adds:* "Neither do the ships of friends become lawful prize on the account of the enemies' goods; unless
it is

done by the consent of the owner of the

ship;" referring in this case to the authority of several writers,

and the practice of several nations.

taken altogether, can leave no the side on which the doubt, as to authority of Grotius is to be
spirit of these passages,
first place he expressly limits the general right of war against the property of neutrals, to cases of that evident and extreme necessity, which must always make a law for itself when-

The

placed. In the

ever it exists, but which can never be applied to the cases falling within the belligerent claim asserted by Great Britain. In the next place he particularly limits to the case of a necessity of self-defence, the right of intercepting neutral supplies,

even to a blockaded or besieged place; and makes it a condition, moreover, that a surrender of the place, or a peace, be
quickly expected as the effect of the blockade. In the third place it is to be observed, that as in these passages, Grotius has taken express notice of the several questions
of contraband, of blockades, and of the carriage of enemy's property, which formed all his exceptions to the freedom of
neutral commerce; his silence with respect to the British exception is an abundant proof, that this last had either never been

then asserted, or that he considered as not to merit notice.

it

so manifestly groundless

This

is,

in fact, the material inference to be

drawn from

the

review here taken of this celebrated jurist: and for the sake of this inference principally, the review has been made thus full

and minute; for

are

it

much

less precise

must be admitted, that in general his ideas and satisfactory than those which are to

be found in succeeding authorities. In distinguishing wars, by their justice or injustice, on which neutrals have no right to decide; in not distinguishing between supplies, as they may be
*

sensu id factum

Sed neque amicorum naves in prsedam veniunt ob res sit dominorum navis.

hostiles, nisi

ex con-

240

WORKS OF MADISON.

1806.

may be sent by a government, or nor sufficiently distinguishing between the by private persons; a of to belligerent prevent supplies by intercepting them, right and the right to do so, by punishing the offenders; he gives a
sold only or sent; or as they

proof that his work

is

more

to be

admired for the novelty and

magnitude of the undertaking, than for the accuracy of its doctrines and definitions. Pufendorf, who may next be consulted, contents himself with a simple reference to Grotius on the question "How they are " to be dealt with, who supply the enemy with what he wants. In a note by Barbeyrac on this reference to Grotius, he himself refers to a letter from Pufendorf to Groningius, as conveying the judgment of Pufendorf with respect to the question "whether we may hinder neutral nations from trading during the war with the enemy." Groningius, it seems, having consulted Pufendorf on a treatise he had planned upon "free navigation/ received the following answer; which, having undergone much discussion, and as found in the English translation,
7

seeming to glance at the British principle of intercepting a commerce opened to neutrals in time of war, is copied at full length, and receives an attention which would not otherwise be be-

stowed on

it:

that you have in view, relating to the liberty of navigation, excites my curiosity. It is a curious subject, and what no person as yet, that I know of, has particularly handled.
sir,

"The work,

I very

you will
tion
is,

much however fear, if I may judge from your letter, that find people who will dispute your notions. The ques-

upon

certainly, one of those which have not yet been settled any clear or undeniable principles; so as to afford a gen-

eral rule to mankind.

In

all the

examples brought upon

this

Each nation ususubject, there is a mixture of right and fact. maritime commerce of the neutral people forbids or allows ally
with its enemy, cither according as it is its interest to preserve the friendship of those people, or it finds itself strong enough For example, the Engto obtain from them what it requires.
lish

and Dutch may say, without absurdity, that it is lawful for them to do all the ill they can to the French, with whom they

1806.

EXAMINATION,

ETC., ETC.

241

are at war; and consequently to employ the method the most proper to weaken them, which is to traverse and ruin their trade. They say it is not reasonable that neutral nations should enrich themselves at their expence; and by engrossing to them-

commerce which the English and Dutch want, furnish money to continue the war. This seems the rather just, because England and Holland commonly favor the trade of neutral nations, by suffering them to transport and sell in foreign markets merchandizes of their own growth and manselves a

the French with

ufacture.

the trade they usually

see

In short, they say that they are willing to leave them carry on in time of peace; but they cannot
the

them take advantage of

war,

to

extend

tJieir

commerce

to

the prejudice of

England and Holland. But as this matter of trade and navigation does not so much depend upon rules founded on a general law, as upon conventions made between

particular nations; so in order to form a solid judgment of the point in question, we ought previously to examine what treaties subsist between the northern crowns and England and Holland;

and whether these

last

powers have offered the former just and

On the other hand, nevertheless, if the northern princes can maintain their trade with France, by sending strong convoys with their fleets, I see nothing to blame in it,
reasonable conditions.

provided their vessels do not carry contraband goods. The laws of humanity and equity between nations do not extend so far as to require, ivithout any apparent necessity, that one people
should give up
rice of
its profit in
is

favor of another.

But as the ava-

so great that for the smallest gain they make no scruple of exceeding the just bounds of commerce; so nations that are at war may certainly visit neutral ships, and,
if

merchants

fiscate

they find prohibited goods on board, have a full right to conthem. Besides I am no way surprised that the northern crowns have a greater regard to the general interest of Europe,

than to the complaints of some greedy merchants who care not how matters go, provided they can satisfy their thirst of gain. These princes wisely judge that it is not at all convenient for

them to take precipitate measures, while other nations unite all their forces to reduce within bounds an insolent and exorbitant
VOL.
II.

16

242

WORKS OF MADISON.

1806.

power, which threatens Europe with slavery, and the Protestant religion with destruction. This being the interest of the northern crowns, it is neither just nor necessary, that for a
present advantage, they should interrupt so salutary a design, especially as they are at no expence in the affair and run no

hazard," &c.

Without knowing more of the plan of "free navigation" espoused by Groningius, it is not easy to understand precisely It deserves to be the sentiments of Pufendorf on the subject.
remarked, however, that, in the argument on the belligerent On the side, he states not what he thought, but what they said.
neutral side he expresses his own opinion: "On the other hand, nevertheless, if the northern princes can maintain their trade

by sending strong convoys with their fleets, / see nothing to blame in it, provided their vessels do not carry contraband
goods."

But what
"

is

most material

to

be observed

is,

that the ex-

that they (the belligerent nations) are willing to leave pression, them (the neutrals) the trade they usually carry on in time of peace; but that they cannot see them take advantage of the war to

extend

tJieir commerce to tJie prejudice of England and Holland," cannot possibly refer to the British distinction between a trade usually permitted in peace, and a trade permitted only in war.

Such a construction, by no means countenanced either by the

general tenor of the letter, or the commercial history of the
period,
"
is

absolutely precluded by

the

preceding sentence.

They say, qu'il n'est pas just que les peuples neutres s'enrichissent a leurs depens, et en attirant & eux un commerce inter-

rompu pour V Angleterre et la Holland, fournissent a la France des secours, <fcc." The English translation of this sentence is The true meaning of it is, that it was equivocal, if not false. not deemed just that neutrals should enrich themselves by entering into a commerce interrupted, for England and Holland, by the war. The commerce in question, therefore, was not a commerce opened to neutrals during the war; but a commerce
which England and Holland had carried on with France previous to the war, which the war had shut against them, and

1806.

EXAMINATION,

ETC., ETC.

243

which they did not like to see transferred to commercial competitors remaining at peace.*

Pufendorf, then, not derogating in this explanation of his sentiments, from his reference to Grotius for the law of nations concerning neutral rights and duties, but rather

strengthening the neutral rights asserted by Grotius, must be placed in the same scale in which Grotius has been placed.

Bynkershoeck is the authority next in order of time. He treats the subject of belligerent and neutral relations with more attention, and explains his ideas with more precision, than any of his
predecessors.

His 9th chapter

trals

may

or

may

professedly on the question,! what neunot do, during a war between other nations."
is

"

After stating, hypothetically, an unlimited claim, on the neutral side, to trade with belligerents, in every thing, as if there was no war; rejecting the distinction made by Grotius between a
just and unjust war; and urging the duty of impartiality towards " those engaged in it, he proceeds to observe,:}: that the enemies
* It is not amiss to remark, that the sentiments in this letter, so far as they favor the rights of neutral commerce, have the greater weight, as the writer, though a Saxon by birth, was a privy counsellor to the Elector of Brandenburg, and that

the letter

was written

at Berlin, whilst Prussia

was of the belligerent party

against France. Ompteda, p. 270. Sir William Scott, supposing him to have been a Swede, endeavored, in the case of the Swedish convoy, to draw from that circumstance a peculiar emphasis
to the concluding part of the letter, which, by grounding a prohibition of all trade with France on the extraordinary nature of the war, seemed to favor one of the

grounds of which the Judge was willing to avail himself in his decision of that It is a little singular, however, that in consulting this document, he should case. have overlooked an express recognition by this illustrious authority, not three sentences preceding his quotation, of the neutral right to protect a trade by
force of convoy; which was the precise question to be decided in the case. t De his [non hostibus,] quaeritur quid facere vel non facere possunt, inter

duos hostes.
J

Amicorum nostrorum

tros, vel ut

amicorum nostrorum

hostes bifariam considerandos esse, vel ut amicos noshostes. Si ut amicos consideres, recte nobis iis

adesse liceret, ope, consilio, eosT[ue juvare, milite auxiliari, armis, et quibus cunque aliis, quibus in bello opus habent. Quatenus autem amicorum nostrorum hostes sunt, id nobis facere non licet, quia sic alterum alteri in bello prae-

ferremus, quod vetat sequalitas amicitise, cui in primis studendum est. Prestat cum utroque amicitiam conservare, quam alteri in bello favere, et sic alterius

244
"

WORKS OF MADISON.

1806.

" " " "

"

as our friends, or the enemies of our friends.

of our friends are to be viewed in a two-fold character; either If you consider

friends, it

them as sel, and

with
all

to succor

would be lawful to aid them with our counthem with military forces, with arms, and

other things whatsoever useful in war. But, inasmuch as they are the enemies of our friends, that cannot lawfully be " done by us; because we should, in so doing, prefer one to
"

" "
"

another in the war, contrary to the equality of friendship, which is of primary obligation. It is better to preserve friendship with both, than, by favoring one in the war, to renounce tacitly the friendship of the other.
"

"

I have just said is taught not only by but also the reason, by usage received among almost all na" For although the commerce with the enemy of our tions. "
" "

And, indeed, what

friends be free,
I shall

it is

shew more at

agreeable to usage, as in the next chapter large, that we should assist neither one

"

nor another, with those things which may furnish and foment It is not lawful, therefore, to the war against our friends. " carry to either, those things which are needful in making war; " as are cannon, arms, and what are of principal use in war,
"

soldiers;
"

nations:

who are also excepted by various treaties between materials for ships are also sometimes excepted,
Et sane
id,

quod modo dicebam, non tantum ratio Quamvis enim libera sint cum amicorum nostroram hostibus commercia, usu tamen placuit, ut capite proximo latius ostendam, ne alterutrum his rebus juvemus, quibus bellum contra
amicitiae tacite renunciare.

docet, sed et usus inter

omnes

fere gentes receptus.

amicos nostros instruatur et foveatur.

Non

licet igitur alterutri

advehere ea,

quibus in bello gerando opus habet, ut sunt tormeuta, arma et quorum pracipuus in bello usus, milites; quin et milites variis gentium pactis excepti sunt; excepta quandoque et navium materia, si quam maxime ea indigeat hostis ad extruendas naves, quibus contra amicos nostros uteretur. Excepta saspe et cibaria, quando ab amicis nostris obsidione premuntur hostes, aut alias fame laborant.

ne quid eorum hostibus subministremus, quia his amicis nostris bellum facere. Igitur si hostes simpliciter consideremus ut amicos, recte cum iis commercia exercemus, et merces quascunque ad eos mittimus; Si consideremus ut amicorum nostrorum

Optimo jure interdictum

rebus nos
ipsi

est,

quodammodo vidiremur

hostes, excipiuntur merces, quibus in bello amicis nostris noceatur, et hsec ratio

priorem vincit; quomodocunque enim alteri contra alterum succurramus, bello nos interponimus, quod salva amicitia non licet.

1806.

EXAMINATION,

ETC., ETC.

245

"

"
" "
"

where an enemy is in absolute want of them for building ships to be employed against our friends. Provisions even, are often excepted, when an enemy is pressed by the siege of our friends, or is otherwise labouring under the want of food. On
the best ground, therefore, are

we interdicted

to supply

any of

"

these things to belligerents; because by these things we should, " in a manner, appear to make war .ourselves on -our friends.
"
If,

therefore,

" "

friends,

send

we consider belligerents, simply, in the light of we may rightfully carry on commerce with them, and them merchandizes of whatever kind; if we consider them

"

as the enemies of our friends, merchandizes are to be excepted, " which, in war, might annoy our friends; and this considera" "

tion prevails over the former one; for in whatever manner we succour one against the other, we take part in the war, which " would be incompatible with the preservation of friendship."

Thus
it

far the doctrine of this jurist cannot be mistaken.

He

as a general rule, that the trade of neutrals with lays the nations at war, provided it be impartial, is as if there were no war; but that certain articles, as instruments of war, form
to this general rule; to which he suggests as a further exception, the case of a siege, or of a similar pressure of famine. It cannot be pretended that there is either a single general expression, or particular allusion, that can be tortured

down

an exception

into an exception of any trade, merely for the British reason, that it was not open to neutrals before, as well as during, the

war.

The residue of the chapter is chiefly employed in discussing the legality and construction of treaties of succour and subsidy, between a nation at peace and nations at war; after which he proceeds to the tenth chapter, in which he treats of the list of
here, the
it. His doctrine same precisely as in the preceding chapter, is laid down in the following words:* "The rule, confirmed almost

contraband, with several questions incident to

* Regula est, pactis fere perpetuis probata, ne non hostes, ad hostes nostros, vehant " contrabands goederen." Si vehant, et deprehendanttir, in commissum cadant; exceptis autem Ms, libere utrimque mercantur, et quaecunque alia ad hos-

tes

vebunt impune.

246
" " " "
"

WORKS OF MADISON.
is,

1806.

invariably by treaties

traband articles to our enemies.

that neutrals are not to carry conIf they carry them and are

But with the exception intercepted, they incur a forfeiture. of these articles, they trade freely both backward and forward;

and carry with impunity, all other articles whatever to the enemy." That under the term contraband, he could mean to class so vague and novel a description of trade, as that which distinguishes between commercial regulations, as existing before the war, and as made in the course of the war, is rendered the more impossible, by the definition given of contraband :* "Hence by contraband, are to be understood, things which in their actual state are adapted to war; without considering whether apart from war, they may also be of use; there being few instruments of war, which may not be used for other purposes." For this " he gives as a just reason, thatf if you prohibit every material out of which any thing may be formed for warlike use, great would be the catalogue of prohibited articles; since there is scarcely any material, out of which something at least, adapted
"

to

war may not be

fabricated."

In the ensuing chapter, he treats of the case of sieges and blockades, as an exception to the freedom of neutral character.

In the llth chapter, he examines the question, " whether the contraband character of a part of the cargo, can afiect the residue of the cargo or the ship;" with several other questions cident to such mixed cases.
in-

Chapter 13th relates to neutral property in the ships of an enemy; which he exempts from confiscation. His positions on this subject shew how much the turn of his judgment must have been adverse to any such restrictions on neutral commerce, as
*

Ex

his fere intelligo,

contrabanda

dici, quae, uti sunt, bello

apta esse pos-

bellum usum praebeant. Paucissima sunt belli instrumenta, qua; non et extra bellum praebeant usum sui. f Si omnem inateriam prohibeas, ex qua quid bello aptari possit, ingena esset catalogus rerum prohibitarum, quia nulla fere materia est, ex qua not saltern
sunt, nee

quicquam

interesse an et extra

aliquid, bello

aptum,

facile fabricemus.

1806.

EXAMINATION,
by Great Britain.*

ETC., ETC.
"

247

According to reason, a right of that sort [to confiscate neutral property in a belligerent
vessel] cannot be defended; for why may I not be allowed to use the ship of ray friend, though your enemy, in transporting

that instituted

my merchandize? When

treaties do not prohibit, I have a right, as I said above, to carry on commerce with your enemy; and if this be lawful, it is also lawful to enter into any contracts what-

ever with him; to buy, to

if I shall

sell,

to

let,

to hire, &c.

"Wherefore,

have engaged his ship and his service to transport my effects by sea, it was a transaction on every principle lawful. You, as his enemy, may take his ship; but with what right can you take what belongs to me, that is, to your friend ? If, indeed, I prove them to be mine; otherwise I agree with Grotius, that there is some room for presuming things found in the ship of an enemy, to be enemy's property." Finally, in his 14th chapter, he treats the case of enemy's effects in neutral vessels; deciding with Grotius and others, that the neutrality of the ship does not protect the cargo from capture

and condemnation.

He -consequently makes

exception to the general

of belligerent privileges.

this case also an freedom of neutral commerce, in favor

view of the sentiments of Bynkershoeck, it is clear, that the whole weight of his authority is opposed to the principle advanced by Great Britain. He is the first writer who seems to have entered into a critical and systematic exposition of the law of nations, on the subject of maritime commerce between neutral and belligerent nations; and
this distinct
full
/

From

and

liceat uti

non poterit; nam cur mihi non nave amici mei, qnanquam tui hostis. ad transvehendas merces meas ? Si pacta non intercedant licet mihi, ut supra dicebam, cum hoste tuo commercia frequentare; quod si liceat, licebit quoque cum eo quoscunque contractus celeratione, ntique. ejusmodi jus defend!

Ex

brare, emere, vendere. locare, conducere, atque ita porro. Quare, si ejus navem operamque conduxerim, ut res meas trans mare vchat, versatus sum in re omni

jure

licita.

Tibi,

qua

hosti licebit

navem

ejus occupare, sed

quo jure res meas,

id est amici tui, occupabis?

adsentior,

nempe probera res meas ex prcesumptione quodam pro rebus hostilibus

Si

esse; alioquin Grotio esse habenda quae in

navi hostili inveniuntur.

248

WORKS OF MADISON.

1806.

the plan which he adopted was well calculated to do justice to Instead of undertaking, after the example of Grothe subject.

and Pufendorf, an entire code of public law, he selected more thorough discussion, the particular questions which were deemed most important, and most frequent in the transactions and intercourse of modern nations. Among these, he classed the of neutral commerce, and very properly question bestowed on it, the formal investigation which we have seen. He begins with the general question, how far a war between two nations can affect the rights, particularly the commercial
tius

for a

rights, of a nation at peace with both, deciding in favor of neutral nations, that their commerce remains free as a general rule;

and in favor of belligerent nations, that in certain cases, exceptions to that general freedom are prescribed by the principle of self-defence. He goes on^then to examine the several cases
lishes the belligerent right to intercept articles

which had been allowed or claimed, as exceptions. He estabon the list of

contraband. He establishes also the right to controul supplies to places besieged or blockaded. He concurs in the doctrine, that the flag of a friend does not protect the property of an enemy. He discusses the claim, maintained by some, to confiscate
the property of a friend under the flag of an enemy, which he He discusses, moreover, several other minor quesdisproves.

which were incident to the main subject. He appears, in short, to have taken a comprehensive view of the commercial relations between neutral and belligerent nations; and to have omitted no question, belonging to those relations, which was of
tions,

importance to deserve his attention. And yet, it ap" whether pears, that he has not even glanced at the question, a neutral commerce, in articles not contraband, nor going to a
sufficient

besieged or blockaded place, was unlawful, for the reason that the belligerent party had been induced by the war, to new-

model

its

commercial regulations." Does

it

not necessarily and

undeniably follow, either that no such pretension had, at that period, ever been started, or that it had received no countenance, which could entitle it to notice? It is impossible to conceive

1806.

EXAMINATION,

ETC., ETC.

049

that a question of such magnitude could be otherwise passed over, by a pen which dwelt with such minute attention on questions less nearly allied to the main subject. The authority of Bynkershoeck, in this case, ought to have the greater weight with Great Britain, because, in other cases, so

much weight
doctrines.

is

claimed for

it,

by the champions of her favorite

in Great Britain, greater than he where else, enjoys perhaps any requires that he should be particularly consulted on this subject. The work of Yattel

The reputation which Yattel enjoys

unquestionably possesses great merit; not so much, indeed, for the originality of his plan, or his matter, which he admits to have been derived from Wolf; as for the agreeable dress which

he has given

to the dry treatise of his prototype,. and for the liberal spirit which has, in many instances, improved the doctrines of all his predecessors. Vattel is, however, justly charged with failing too much in the merit of a careful discrimination;

and sometimes with delivering maxims, which he either could

not reconcile, or does not take pains to explain. In the chapter on neutrality (B. Ill, Ch. 7,) he might perhaps have been more
exact in his definitions, and more lucid in the order of his ideas.

His meaning, nevertheless, is, on the whole, sufficiently clear, and arranges him beyond all controversy, with Grotius, Pufendorf, and Bynkershoeck, in opposition to the doctrine under consideration.

As the basis of the true doctrine, on the subject of neutral commerce, he lays down these principles: That a neutral nation is bound to an exact impartiality;
includes two obligations: the first forbidding succours in troops, not stipulated before the war, arms, ammuniit

That That

this impartiality relates solely to the

war;

any thing of direct use in the war; the second, requiring thatln whatever does not relate to the war, one of the parties
tion, or

must not be refused, on account of

to the other.

its

present quarrel,
this

what

is

does not trespass granted on the liberty of the neutral nation, in negotiations, connexions of friendship, or its trade, to govern itself by what is most ad-

He observes " that

250

WORKS OF MADISON.

1806.

vantageous to the State. When this consideration induces it to preferences in things of which every one has the free disposal, it
only makes use of
to refuse
its right,

and

is

not chargeable with partiality.

But any one of these things, to one of the parties, purely as being at war with the other, and for favoring the latter, would be departing from an exact neutrality."

Having laid this foundation, and recommended to nations, intending, as they have a right, to remain neutral, that they should secure their neutrality by treaties for the purpose, he proceeds to state more particularly
1st.

and

That whatever a nation does in use of its own rights, solely with a view to its own good, without partiality, with-

"

out a design of favoring one power to the prejudice of another, cannot, in general, be considered as contrary to neutrality; and becomes such, only upon particular occasions, when it cannot take
place without injury to one of the parties, who has then a particular right to oppose it. Thus, the besieger has a right to
prohibit access to the place besieged. Exclusively of this kind of cases, the quarrels of another cannot deprive me of the free
rights in the pursuit of measures which I judge advantageous to my country." Hence he infers a right to permit, in certain cases, levies of troops to one of the parties, and

disposal of

my

to

deny

it

to the other,

where there may be good reason

it is

for the

the custom, as among the Swiss, to where the custom would of itand, consequently, levies; grant self be a proof that the grant was not the effect of partiality in
distinction;

and where

relation to the war.

He

asserts, in like

manner, for the sover-

eign, as well as private citizens, in the habit of lending money at interest, the right to lend it to one of the parties at war, "who may possess their confidence, without lending it to the

other;" observing, that "whilst it appears that this nation lends out its money purposely for improving it by interest, it is at liberty to dispose of it according to its own discretion, and I

have no reason
the

But if the loan to complain. attack to me, this would enabling the enemy

be manifestly for be concurring in

He applies the same remark to the case an of troops furnished to enemy, by the State itself, at its own
war against me."

1806.

EXAMINATION,

ETC., ETC.

251

expence; and of money lent without interest: adding, at the same time, as a further instance of neutral rights, that if a nation' trades in

take

it

arms, timber, ships, military stores, &c., I cannot amiss that it sells such things to my enemy, provided it
sell

does not refuse to

them

to

me

also.

It carries

on
it,

its

trade

without any design of injuring me, and in continuing as if I was not engaged in war, that nation gives
cause of complaint.

the

same
just

me no

Making, thus, impartiality the test of lawfulness in the conduct of neutrals, and the mere pursuit of their own interest, without a design to injure any of the belligerents, the test of
impartiality, he enters more particularly on the discussion of the active trade which neutral nations carry on with those at

war.

he says, " that, as they [neutrals] have no part in my quarrel, they are under no obligation to abandon their trade that they may avoid furnishing my enemy with the means of making war. Should they make it a point* not to sell to
"

It is certain,"

of these articles, whilst they take measures for transporting great quantities of them to my enemy, with a manifest intention of favouring him, such a partiality would exclude them

me any

from the neutrality they enjoyed. But if they simply pursue their commerce t [suivre tout uniment leur commerce] they do
not thereby declare themselves against my interest; they only exercise a right, which they are under no obligation of sacrificing
to me."

The
* t

general freedom of neutral commerce, being thus asserted,

Si elles affectoient, &c.

The Translation, "continue their customary trade," which might be construed to favor the British principle, is evidently erroneous. That which is substituted conveys the true meaning. It is curious that the two authors, Pufendorf
and Vattel, who have alone appeared to speak a language any wise favorable to the doctrine in question, should owe the appearance to English mistranslations.
It

would be uncandid, nevertheless, to insinuate a design in the case; the more was prior to the origin of the British pretension: but the error of translations may have strengthened the pretension which
so as the translation of Pufendorf
it

countenances.

252

WORKS OF MADISON.

1806.

the writer goes on to lay to it.

"

down the exceptions which war makes

On the other hand, whenever I am at war with a nation, both my safety and welfare prompt me to deprive it as much as
possible of every thing which

may enable it to

resist or hurt

me.

Here tlie law of necessity shews its force. If this law warrants me on occasion to seize what belongs to another, shall it not likewise warrant me to stop every thing relative to war, which
neutral nations are carrying to my enemy? Even if I should, by taking such measures, render all these neutral nations my
enemies, I had better run the hazard than suffer him who is actually at war to be thus freely supplied to the great increase of
his power.
It is therefore very proper and very suitable to the law of nations which disapproves of multiplying the causes of

war, not to consider those seizures of the goods of neutral naWhen I have notified to them my tions as acts of hostility.
people, if they will with afterwards run the risk of supplying them things relative to ivar, let them not complain if their goods fall into my hands,

declaration of

war against such or such a

do not declare war against them, because they attempted They suffer indeed by a war in which they have no concern, but it is accidentally. I do not oppose their right, I only make use of my own, and if our rights clash, and reciprocally injure each other, it flows from the effect of inevifor I

to carry such goods.

table necessity," &c. "But that limits may be set to these inconveniences; that the commerce of neutral nations may subsist in all the freedom

which the laws of war will admit, there are rules to be observed, and on which Europe seems to be generally agreed" What are the rules which fix these limits?

"The
have no

first is

relation to war,

carefully to distinguish common goods which from those peculiarly subservient to it.

In the trade of the former neutral nations are to enjoy an entire liberty, the parties at war cannot with any reason deny it, or
hinder the importation of such goods into the enemy's country," <fec. He observes that the goods here referred to, as having re-

1806.

EXAMINATION,

ETC., ETC.

253

lation to war, are those called contraband, of which he gives a description; proceeding thence to shew how far they are subject to confiscation, and to infer from the right of confiscation the right of search on the high seas.

He next mentions, as a limit to the freedom of neutral commerce, that the effects of an enemy found in a neutral ship are subject to capture; deciding otherwise as to neutral effects on
board an enemy's
tice of capturing.

ship,

which some nations had been

in the prac-

as his last limit or exception to the general freeof neutral commerce, the belligerent right to prohibit all commerce with a place besieged or blockaded; closing the dis-

He specifies,

dom

cussion of this particular subject with an emphatic deduction in "A neutral nation continues with the two parties these words
nations.
ties

at war, in the several relations which nature has placed between It is ready to perform towards them both all the du-

of humanity reciprocally due from nation to nation. It is in every thing not directly relating to war to give them all the assistance in its power, and of which they may stand in need. But this assistance is to be given with impartiality, that is, in not

refusing to one of the parties any thing on account of his being This does not hinder a neutral State at war with the other.

having particular connections of friendship and good neighborhood with one of the parties at war, from granting him in whatever does not relate to military transactions the preference due
to friends:

much more may he without giving

offence continue

to him, for instance in

commerce, such indulgencies as have been

stipulated in their treaties, <fcc." see then that the authority of Vattel coincides perfectly with the preceding authorities, more especially that of Bynker-

We

shoeck, in establishing the general freedom of neutral commerce, with the exception of things relating to the war, and in limit-

ing this exception to the several cases of supplying the enemy with military contraband, of trading with places besieged or blockaded, and of carrying enemy's property.

Perhaps

this author,

not remarkable as already intimated

for

254

WORKS OF MADISON.
work

1806.

less

well-defined ideas, has in no particular branch of his room for mistaking or perverting his meaning.
It

left

would be improper not to add Martens to the authorities, to be heard on this question. Martens was a prolaw in a of Hanoverian fessor University, with a salary from Britain as Elector of Hanover, and has disthe King of Great tinguished himself by several publications, which demonstrate his critical judgment of the law of nations, and the extent of his researches in order to verify and elucidate it. His SUMMARY of this law is a work which was received by the public with a due portion of that respect which constituted his predecessors authentic depositaries and expositors of the code, by which the We find him accordsociety of nations ought to be governed. with shelf the same on Pufendorf, BynGrotius, already ingly Britain In and Vattel. Great indeed, notwithstandkershoeck, her and a of a professor under his subject sovereign, being ing his patronage, the doctrine he teaches on the question whether free ships make free cargoes, has drawn on him the censure of the zealous advocates for the side taken by Great Britain on

who ought

that question. In opposing, however, a favorite doctrine of that nation, under the relation in which he stood to it, he gave a

proof of integrity and independence, which justly inspire the greater esteem for his character, at the same time that they give
the greater weight to his opinions. Even there, however, his censors have done justice to his eminent talents, and been ready
to avail themselves of his authority in cases British principles and interests.

where

it

supported
clear

On
full.

the present subject the authority of Martens

is

and

speaks first of neutral commerce according to the univerlaw of nations, and next of the modern law of nations with respect to neutral commerce, and its freedom, as acknowledged
sal

He

by the powers of Europe.

The

first

he lays

down

as follows:

"The
to

enjoys in time of peace of selling

and carrying

right that a nation all sorts of merit, it

chandize to every nation who chooses

trade with

enjoys

1806.

EXAMINATION,

ETC., ETC.

255

also in time of war, provided that it remains neuter." He admits at the same time that necessity may authorize a power at

war

.to

far as to sequester

hinder the conveyance of warlike stores to its enemies, so them till the end of the war, or to take them

at their full value for his

own

use.*

He

admits again that the

power
he

at

war may prohibit

is able to keep so from entering." But he maintains that " since a belligerent power cannot exercise hostilities in a neutral place, nor confis-

commerce with such places " as blocked up as to prevent any foreigner

all

cate property belonging to neutral subjects, such power ought not to confiscate the goods of an enemy found in a neutral vessel

in the vessel of

navigating on a free or neutral sea, nor neutral goods found an enemy: provided, however, in both cases that

these goods are not warlike stores." In explaining what he styles the modern law of nations with

respect to neutral commerce, and its liberty as acknowledged by the powers of Europe, he states it "as generally acknowledged
that a neutral power ought not to transport to either of the belligerent powers merchandizes unequivocally intended for warlike purposes, that treaties have at some times swelled out this list

with articles not evidently and unequivocally intended for such purposes; at others have expressly declared these not to be contraband, and that this last ought to be presumed to be the case between powers having no treaties on the subject." "With respect to merchandizes which are not contraband" he says, "it is generally acknowledged by the powers of Europe, that neutral powers have a right to transport them to the enemy,t except it be to places blockaded, with which all commerce is prohibited."
This rale corresponds with the sentiments of Grotius. Martens in a note observes that " some powers have, but in vain, attempted to forbid neutral nations to carry on commerce with their enemies, of which he
t
*

mentions the instance of the Dutch in 1666, and the joint instance of England and Holland in 1689. In both these instances, it is well known, the attempt was to intercept all trade with France, and not the trade only which was or might

be opened by France during the war;" a distinction to which he was invited by the occasion either to have noticed, if he had thought it worthy of notice, as among the vain attempts of some powers to forbid neutral commerce, or to have

256

WORKS OF MADISON.

1806.

These two exceptions, namely contraband of war, and the case of blockaded or besieged places, are the only ones which
he allows against the freedom of neutral commerce. For with respect to enemy's property in neutral ships, he considers the

new

principle which identifies the cargo with the vessel, and thereby avoids the disputes and embarrassments arising from the old principle, as having been sufficiently established to take the place of the old one in the law of nations.

The authority of Martens, then, unequivocally and undeniably concurs with that of his great predecessors, in deciding that the commerce between neutral and belligerent nations,
with a very few exceptions, is entirely free, and that these exceptions do not include any such pretension as that of Great Britain, to prohibit a trade otherwise lawful, merely because it

might have been laid open to neutrals in consequence of the war. It would have been easy to add to the authorities here selected, other respectable jurists within the same period; as well as a phalanx of authorities of later date, both in the South and
the North of Europe; but the testimony of Grotius, of Pufendorf, of Bynkershoeck, of Vattel, and of Martens, is more than
sufficient for the occasion.
cles, to

They are

the luminaries and ora-

the appeal is generally made by nations, who prefer an appeal to law, rather than to power; an appeal which is made by no nation more readily than by Great Britain, when

whom

she has sufficient confidence in the justice of her cause. Two feeble objections may be thought to claim attention, on
this

branch of the investigation.

First. In describing the general freedom of neutral commerce with a nation at war, the writers who have been reviewed, being strangers to the distinction now introduced between the

legal regulations of the latter in time of war,

and those

in time

of peace, have sometimes used expressions, which, though they do not favor, do not necessarily exclude, such a distinction.
inserted
it

in the text as an exception to the

it,

had so viewed
places.

freedom of neutral commerce, if he along with the other exceptions of contraband and blockaded

1806.

EXAMINATION,

ETC., ETC.

257

Thus Bynkershoeck, speaking of the neutral trade of the Belgians with the French, who were at war with the Spaniards, says that it was of right, as free as before the war.* The freedom of neutral commerce is laid down, in similar phrases, by other jurists, both before and after Bynkershoeck. Many of the more modern writers, not apprized of the misconstruction which
might be attempted on their phraseology, have also described the general freedom of neutral commerce in time of war, by a reference to the freedom which it enjoyed in time of peace. The obvious and decisive answer to these criticisms is, that the freedom of commerce between two nations in time of peace does not refer to the actual footing on which it happened to be placed by the mutual regulations of the parties, a continuance
of which would, on a subject so fluctuating as that of commerce, be often inconvenient, sometimes absurd; but to the right which the parties have to regulate their commerce, from time to time,
as their mutual interest

may

suggest, or, to adopt the language

of Vattel, to the relations in which nature has placed independent nations. This construction is not only the most obvious and rational

by several additional reflections. most It consistent, and sometimes alone consistent, with other passages in the same authors. An example may be seen in " Bynkershoeck, Lib. I, Ch. 9, where the expressions ut ante bellum constabat," and "ut cum pax esset inter eos, &c.," are evidently meant to comprehend every right, as well as the existing state of commerce between the neutral and belligerent parties,
in itself, but is enforced
is

previous to the war. As there is no evidence that the distinction was known at the dates of the elder writers, it would be absurd to suppose them alluding to a state of things which had never existed; rather

than to a state of things which was familiar in practice. And with respect to the more modern writers, to most of whom the distinction appears to have been equally unknown, the absurd*

Liberum quarumcunque rerum commercium, quemadmodum, cum nondum

esset.

bellum

Lib.

I,

Ch. 10.

VOL.

II.

17

258

WORKS OF MADISON.

1806.

doubled by its inconsistency -with the whole tenor and complexion of their doctrines and reasonings in behalf of neutral rights. Many of them are, in fact, chamfor the of the armed neutrality; one of which pions principles that neutrals trade is, may freely with, and between any of, the of an not blockaded. enemy ports Finally As all the writers on the general subject of neutral
ity of the supposition is

commerce, discuss the several other exceptions to its rights, which have, at any time, been claimed by belligerent nations, it would be absurd to suppose that an exception, more extensive than any of them, should be preterinitted. Their silence alone, therefore, is an unanswerable proof, that the exception now contended for, could not be known, or could not be recognized by
those writers.

second objection may be, that the practice of opening colonies to neutral trade, had not been introduced, at the dates of these publications, particularly the more early of them.

The
ficient:

fact

on which

this objection relies,

might be disproved

by a mass of historical testimony.

rigid in her colonial

Two

authorities will be suf-

the first shewing that Spain, represented as the most monopoly, began to relax it as early as

1669, even during peace: the second, that France had adopted the same policy, in time of war, as early as the year 1705. The first is from Long's History of Jamaica, vol. 1, p. 598.

"In 1669, Spain, for want of ships and sailors of her own, began openly to hire Dutch shipping to sail to the Indies, though " formerly so careful to exclude all foreigners from thence. " And so great was the supply of Dutch manufactures to Spain, " &c., that all the merchandize brought from the Spanish West " Indies was not sufficient to make returns for them; so that " the Dutch carried home the balance in money." The date of
"
this

the

work of Pufendorf, which was published

Spanish relaxation of the colonial monopoly was prior to in 1672; and two-

thirds of a century prior to that of Bynkershoeck, which was published in 1737; and which entered so systematically into

the question of neutral rights of commerce. The other will be found in a Note of Robinson, in his Appen-

1806.

EXAMINATION,

ETC., ETC.

259

It is there 4, page 17, of his Admiralty Eeports. with his for the that about the stated, fact, authority year 1705, it being then a time of war, friendly nations were admitted into the trade of the French Colonies, as a better mode of supplying

dix to Vol.

their wants,

and getting away

their productions, than that of

convoys. having been captured, the French minister returned to the old, as the only efficacious, expedient. The reporter would conclude, from the capture of the neutral
vessels, that a neutral trade

It is added, that the first vessels thus introduced

with colonies was then held to be But it would be manifestly wrong to resort to an exillegal. planation not warranted by any ideas otherwise known to exist
at that period especially when it is so easy to suppose that the capture was directed against the French property on board the That the property was French is the more to neutral vessels.
;

be presumed, as the Dutch, the only nation whose capital might have neutralized the property, were parties to the war. Had they indeed been neutral, their treaties with Great Britain

would have protected the trade in their vessels, on the two-fold ground that it was lawful to trade, without restriction, with and between the ports of an enemy; and that the freedom of the ship protected the cargo. The true inference on the subject were Danes, or of some other nation is, that the neutral carriers who had no such treaties with Great Britain, and whose capitals did not neutralize the cargoes of French produce.

TREATIES.
All writers on the law of nations, as well didactic as polemic, avail themselves, whenever they can, of the authority of
Treaties.

Treaties

may be

considered under several relations to the

to the several questions to be decided

law of nations, according by them.

They may be considered as simply repeating or affirming the general law: they may be considered as making exceptions to the general law, which are to be a particular law between the parties themselves: they may be considered as explanatory of
the law of nations, on points where its meaning is otherwise obscure or unsettled; in which case they are, first, a law between the parties themselves, and next, a sanction to the general law, according to the reasonableness of the explanation, and the number and character of the parties to it: lastly, Treaties

may be

considered as constituting a voluntary or positive

law of nations.

Whether the stipulations in a treaty are to be considered as an affirmance, or an exception, or an explanation, may sometimes appear on the face of the treaty: sometimes being naked stipulations, their character must be determined by resorting to
In other words, the quesbe decided tion concerning the treaty must by the law, not the question concerning the law by the treaty.*
* In the report by Sir G. Lee, Doctor Paul, Sir D. Ryder, and Mr. Murray, afterwards Lord Mansfield, in the case produced by the Silesia loan, the argu-

other evidences of the law of nations.

ment drawn from

is

Treaties, on the question whether free ships make free goods, not very worthy of the celebrated authors, or of the celebrity of the document. Two treaties, stipulating that free ships do not make free goods, are cited as

direct proofs on the negative side of the question; and six, stipulating that free ships do make free goods, as exceptions, proving still more strongly the negative

1806.

EXAMINATION,

ETC., ETC.

261

In the present case, it has been shewn, from the sources generally allowed to be the most authentic, that the law of nations
is

violated by the principle asserted by Great Britain. It is a just inference, therefore, that every article in treaties contradicting that principle, is an affirmance and direct proof of the general law; and that any stipulation of the principle would, as an exception to the general law, be an indirect proof of it.

But supposing, for a moment, the present case to belong to that class, in which the great oracles of the law of nations are obscure, or at variance among themselves; and in which, moreover, the practice of nations, not being uniform, is an unsatisfactory guide; and consequently, that the evidence of treaties were necessary in order to ascertain the law; still, it will be

found that the result of an appeal to that evidence is conclusive against the British pretension. It may be confidently affirmed,
that on no point ever drawn into question, the evidence of Treaties was more uniform, more extensive, or more satisfactory.
fairly be considered in their relation to the law of nations last noticed; that is, as constituting a law of themselves. If, in any case, Treaties can be sufficiently general, sufficiently uniform, and of sufficient duration, to attest that
this case

Nay more; may

it

may be

affirmed that the treaties applicable to

general and settled concurrence of nations in a principle or among themselves, which amounts to the establishment of a general law; such an effect cannot reasonably be
rule of conduct

refused to the

number and character of the

treaties

which are

applicable to the present case. That Treaties may amount to a

law of nations, follows from

side of the question. It could not have been less fair, to consider the six as declaratory of the law, and the two as exceptions to it. But in either case, the inference presupposes, instead of proving, the point in question. As far as the

point was to be considered as not otherwise proved, and as requiring the evidence of treaties to remove the uncertainty, the inference ought to have been

The six witnesses ought to have out-weighed the two, and it was incumbent on the reporters, instead of simply referring to the treaties as a confirmation of their opinion, to have considered them as presenting an ostensible objection, which was to be answered.
reversed.

262

WORKS OF MADISON.

1806.

the very definition of that law; which consists of those rules of conduct which reason deduces, as consonant to justice and common good, from the nature of the society existing among inde-

pendent nations; with such definitions and modifications as be established by general consent.

may

One evidence

of general consent

is

general usage, which im-

plies general consent.

Can treaties which express consent be an inferior evidence, where nothing on the face of the treaties, nor in any collateral authority on the law of nations is found to impair the evidence? Treaties may indeed in one point of view be considered as a higher authority than usage, when they have a generality and continuance, equal to the generality and continuance which give to usage the authority of law; because all treaties involve a usage commensurate with the sphere in which they are obligaWhilst usage, therefore, implies consent; treaties imply tory. the usage, at the same time that they express the consent of the
parties to them.* But there is another point of view in which the influence of treaties, those at least of peace and of commerce, in modifying

and defining the rules of public law applicable to periods of war, ought, in preference to the influence of mere practice, to be promoted by all governments which respect justice and humanity, and by all jurists who aspire to the authority of commentators on that subject. The law of nations, as derived from mere usage or practice during those periods, is evidenced for the most part by ex parte
ordinances, issued by belligerent governments, in the midst of the passions or policy of war; and by judicial decisions, also ex parte, and biassed more or less by the same causes, if not by the

which weighty individuals, or perhaps bodies of individuals have, in widening the field of predatory wealth.
interest also,
Bynkershoeck derives the law of nations from reason and usage [ex ratione and founds usage on the evidence of treaties and decrees [pactis et edicHe therefore makes treaties a legitimate source of the law of nations, and tis.] constantly adduces them to illustrate and verify his doctrines. Quest. Jur. Pub.,
Lib.
I,

et usu]

Ch. 10.

1806.

EXAMINATION,

ETC., ETC.

263

Treaties are formed under very different circumstances. Those of peace imply that the hostile passions and pursuits have spent their force, and that a mutual spirit of liberality and accommodation have taken their place: treaties of commerce

and

again are necessarily founded in principles of reciprocal justice interest, wholly at variance with the violent spirit of war:

whilst in the negociation of treaties of both kinds the respective efforts and interests of the parties form those mutual checks, require those mutual concessions, and involve those mutual appeals to a moral standard of right, which are most likely to

make both parties converge to a just and reasonable conclusion. Nor is a sense of character without its effect on such occasions.
Nations would not stipulate in the face of the world things, which each of them would separately do, in pursuit of its selfish
objects.

It will accordingly

be found, as might be expected, that the

still

violent and cruel

maxims of war, those

remaining, as well

as those from time to time exploded, have had their origin and their continuance in the separate usages of belligerent nations,

not in treaties; whilst on the other hand, it will be found that the reformation of those abuses has been the gradual work of
treaties; that the spirit of treaties
is,

with few,

if

any exceptions,

at all times

the spirit quently, that all further meliorations of the code of public law, are to expected from the former, not the latter source; and consequently, again, that all enlightened friends to the happiness of nations ought to favor the influence of treaties on the great code by which their intercourse is to be regulated. The authority of every treaty is to be considered as opposed
to the principle asserted by Great Britain, where it either stipulates a general freedom of neutral commerce with a specification of exceptions to it, and an omission of this British excep. tion; or where it stipulates not only a neutral right generally

and more benevolent, than of the law derived from practice only; and conse-

more

just,

more

rational,

to a free trade with belligerent nations, but particularly a right These to trade freely to and between the ports of such nations. the terms, necessarily comprehend stipulations, by the force of

264

WORKS' OF MADISON.

1806

the coasting and colonial trades, as well as other branches of

commerce.
It

would be a waste of time

to

bestow

it

on the

treaties of a

remote period, partaking too

little

of the civilization and spirit

of more modern times, to edify them by its examples. It will be sufficient to commence this review with the treaty of Westphalia in 1648, which forms an important epoch in the commercial and
political history of Europe,

and

to

remark as the result of some

antecedent treaties, that they contain nothing which can give the least countenance to the principle under ex-

enquiry into
amination.
It will

be

sufficient also to limit the

review of

treaties,

where

Great Britain was not a party, to those of most importance, either for the tenor of the stipulations, or for the particular
parties to them, with marginal references to others of analogous import; remarking again generally, that these others are all,
either negatively or positively, authorities against
ain.

Great Brit-

As a more convenient

distribution also, the first review will

stop with the epoch of the armed neutrality. The relation, which the treaties subsequent to that event have to the subject,
will be noticed

by

itself.

Examples

to

which Great Britain

is

not

a party.

By a treaty concerning navigation and commerce in 1650, preceded by a particular article on the same subject concluded in 1648, it is stipulated between the United Provinces and Spain,
that the subjects and inhabitants of the United Provinces (and those of Spain reciprocally) may sail and trade with all freedom and safety in all the kingdoms, States, and countries which are
"

or shall be in peace, amity, or neutrality, with the State of the said United Provinces; and that they shall not be disquieted or

molested in this liberty by the ships or subjects of the King of Spain, upon the account of hostilities which may exist, or may

happen afterwards, between the said King of Spain and the aforesaid kingdoms, countries, and States, or any of them that

180G.

EXAMINATION,

ETC., ETC.

265

may be

in amity or neutrality with the said lords the States as

above."*

This liberty, in relation to France, was to extend to all sorts of merchandize which might be carried thither before she was at war with Spain; even contraband of war^ not proceeding

from the States of Spain herself, and capable of being used against the Spanish dominions. With respect to other countries at peace with the United Provinces, and at war with Spain, the enumerated articles of contraband were not to be carried to them by the United Provinces, but all articles not contraband were to be freely carried, with the exception only of cities and places invested or blockaded.

The Pyrenean

treaty,

between France and Spain in 1659,

established so close a friendship between the two nations, that they were mutually restrained from giving either of them to

those attacking the other, any assistance in men, money, or victYet it is stipulauals, or with passage through his dominions.

ted in Arts. X XVI, which are reciprocal, that the French shall have liberty to trade to all parts whatsoever, though they should be in war with his Catholic Majesty, excepting Portugal,! whilst it continued in the condition it then was in; all merchandize may be transported to other countries in war with Spain, as was allowed before the said ivar, excepting!! such as proceed
*

Dumont, Tom.

6,

part

1, p.

570.

such a stipulation. Another is found in the between the United Provinces and Portugal, where it was made a general right of the neutral party to carry contraband to countries at war with the other party. Dum., vol. 6, p. 2, 368. Azuni refers to other instances a treaty between Edward 4 and the Duke of Burgundy in 1468 England and Portugal 1642 and 1654 Spain and the Hanse Towns 1647. Azuni, vol. 2, p. 145, of the French translation. J Portugal was at that time engaged in a war with Spain for the establishment of her independence, which was viewed by Spain as a rebellious war, and which France was willing, it seems, so far to regard in the same light as to acquiesce
t This is not a solitary instance of

treaty of 16C1,

in this exception.
||

This exception might have been

made by Spain

herself as a municipal regu-

lation.

266

WORKS OF MADISON.

1806.

from the Spanish dominions, and as may be serviceable against Catholic King or his dominions, and contraband goods. By contraband goods are understood all sorts of arms and warlike stores; but corn and all manner of provision and goods, not being arms and warlike stores, are not reputed contraband, and they may be carried to places in war with Spain, excepting to Portugal and blockaded places. The French vessels, passing from the ports of Spain to any port in enmity with that crown, shall not be in any way retarded or molested, after producing
their passes, specifying their lading.* It here appears, that the parties were at liberty, when neutral, to trade to all parts of a belligerent country, not blockaded,

and and

in all merchandizes not contraband.

The expression "as was allowed before

the said war," in this

in the preceding examples, clearly falls within the observations made on the like expressions, used by the writers on the
definite right to trade, as if

law of nations.
to enter into

They are merely a mode of describing the inno war had arisen, and consequently any new channels of trade which might be opened

to them.

In a treaty in 1662, between France and the United Provinces, it is stipulated, Arts.
ties reciprocally

XXVI, XXVII,

&c., that the par-

are to trade and navigate with all freedom and to countries safety respectively at war with one and at peace with the other, without any exceptions made by the treaty, other than a trade in contraband, or to a place blockaded.! The treaty between France and the United Provinces, Arts.

XXVII XXIX,
1667, between the
time, in peace

as incorporated with the treaty of Breda in latter power and England, declares that the

subjects of either party

may

sail

and

traffic in all countries at

with one and at war with the other, and this any transportation and traffic shall extend to all articles not contraband, and to all places not blockaded.:}:
*

Dum., Tom.

6,

part
6,

2,

page 266.
2, p. 414.
1. p. 154.

Dumont, Tom.

part

Chalmers' collect, treaties, vol.

Dumont, Tom.

7,

part

1, p. 49.

1806.

EXAMINATION,

ETC., ETC.

267

XXIII

In a treaty in 1672, between France and Sweden, Arts. XXIX, are of corresponding import.*

treaty in 1675, between Sweden and the United Provinces, contains like stipulations in the three first and following articles.t

A declaration made in

inces, confirming the treaty of 1650, stipulates the right

1676, by Spain and the United Provof

either party to trade with the enemy of the other, as well directly as between enemy's ports, whether the ports belong to the same or different enemies, contraband goods and places

blockaded being excepted4 In Art. XIII, <fec., of another treaty in 1678, between France and the United Provinces, the same points are again stipulated.ll

The 13th Art. of another treaty in 1679, between Sweden and the United Provinces, contains a like stipulation. So again the like stipulation is contained in Art. XIII of
another treaty in 1679, between France and the United Provinces.!

In a treaty in 1701, between Denmark and the United Provinces, the stipulations import an uninterrupted commerce of the
neutral with an

enemy of

the other party, with the usual ex-

ception of contraband.**

The like stipulation is found in a treaty of 1716, Art. VIII, between France and the Hanse Towns.tt A treaty, Art. VI, between the Emperor Charles VI, and
Philip V, of Spain, May 1, 1725, is of like import.^ The same is the language of a treaty in 1752, between Naples

and
* t

Holland.UII

Dumont, Tom 7, part 1, p. 169. Dum., Tom. 7, part 1, p. 317. | Dum., Tom. 7, part 1, p. 325. Dum., Tom. 7, part 1, p. 359. Dum., Tom. 7, part 1, p. 439. IT Dum., Tom. 7, part 1, p. 359. ** Dum., Tom. 8, part 1, p. 35.
||

ft Azuni, vol. 2, p. 130.

ft Dum.,
Ull

Tom.

8,

part

2. p.

115; Azuni, vol. 2, p.

124

Azimi. vol.

2.

131.

ogg

WORKS OF MADISON.
treaty, Art.

1806.

XVI, in 1767, between France and Hamburg, between France and the Duke of Mecklenburg in and another 1779, maintain the same doctrine.* To these authorities derived from the conventional law of Europe, against the British principle under investigation^
might be added,
if it

were necessary, references

to other treaties

of the like tenor.

Treaties to which England first,

and

then Great Britain,

was a

party.

a treaty with Sweden, in 1654, and another in 1656, confirming and explaining the former, it is stipulated, Art. II IV, that it shall be lawful for the subjects of either of the confed-

By

erates to trade with the enemies of the other; and, without impediment, to carry to them, except to places blockaded or besieged, any goods whatsoever not contraband, of which a speProvision is also made for the efficacy cification is inserted.

of passports in certain cases, and against the abuse of them for covering enemies' property .%

The weight

of these examples

is

not diminished by the name

of Cromwell, under whose authority the treaties were concluded In foreign transactions, as well as at in behalf of England.

home, his character was distinguished by a vigor not likely to relinquish or impair rights, in which his country, as a warlike

and maritime power, was

interested.

the other hand, it adds weight to the examples, that they are treaties of alliance, containing mutual engagements of friend-

On

ship and assistance; and, consequently, the less apt to indulge the parties in an intercourse with the enemies of each other, be-

yond the degree required by the law of nations.

tion
is

This observa-

applicable to all the succeeding examples,

where the

treaties are of the same kind.

* t

Martens' treaties, vol.

1, p.

between 1738 and 1761; no general collection of treaties to which Great Britain is not a party, during that period, being at hand. The chasm is of the less moment, as the British treaties of that period embrace most of the other maritime nations of Europe.
list,

The

however, would not extend

255; vol. 2, p. 38. to the period

Chalmers, vol.

1. D.

32

3.

1806.

EXAMINATION,

ETC., ETC.

the restoration of Charles II, a treaty of alliance was concluded with Sweden in 1661, the llth Article of which, in pursu-

On

ance of those above copied from the treaties of 1654 and 1656, stipulates anew, that neither party shall be impeded in carrying to the enemies of the other, any merchandize whatever, with
the exceptions only of articles of contraband, and of ports or
places besieged.*

May 13, 1667, the Articles that the subjects of each shall trade freely in all import, and countries at war with the other, in all estates, kingdoms,

In a treaty with Spain,

XXI

XXVI

merchandizes not contraband; with no other exception of places but those besieged or blockaded.! In July, 1667, a treaty was concluded with the United Provinces, of

which Art. Ill provisionally adopts certain articles from the treaty of Breda, between the United Provinces and France, on the subject of maritime commerce; until a fuller The articles treaty could be perfected between the parties. adopted, in relation to the trade between the subjects of one of the parties and the enemies of the other, declare that the trade
shall extend, without impediment, to all articles not contraband,

and

to all places not besieged or blockaded.^

8, the same parties, then under a perpetual defensive alliance by virtue of a treaty of 21st July, 1667, and in a league moreover with Sweden by the triple league of 1668, resumed the subject of maritime and commercial affairs,

In February, 1667

and repeated, in the

of their treaty, the precise stipulations adopted provisionally from the treaty between
first article

France and the United Provinces.il A treaty with Denmark, in 1669,

stipulates, that they may of the enemies with the each trade other, in all articles not connot blockaded, without any other extraband, and to all places

ceptions^
*

Chalm., vol.

1, p. 52.

t 2 Chalm.,

1719.
1, p.

j Chalm., vol. 1, p. 154.

||

Chalm., vol.

163.
1,

Dum., Tom.

7,

part

p, 126.

270

WORKS OP MADISON.

1806.

On the llth July, 1670, another treaty of alliance was concluded with Denmark, the 16th Art. of which declares that " neither of the parties shall be impeded in furnishing to the
enemies of the other any merchandizes whatever; excepting only articles of contraband, as described in the treaty, and ports

and places besieged by the other."* It is worthy of notice in this treaty, and the remark is applicable to others, that the 5th Art. having stipulated a right muand rivers of each
next
article,

tually to trade in the kingdoms, provinces, marts, towns, ports, other, it was immediately provided in the

cepted.

If

it

that prohibited ports and colonies should be exhad been conceived that such ports or colonies of

enemies were not to be traded with, under the general right to trade with enemies acknowledged in the 16th Article, it is manifest that they would have been as carefully excepted in this, as
in the other case, out of the

meaning of general terms equally This treaty proves also, that as early as 1670, colonies began to fall under attention in making treaties. In a marine treaty of December 1, 1674, with the United Provinces, stating in the title that it was "to be observed
comprehending them.
throughout
all

and every
it is

the countries

and ports of

the

world by

sea and land," I, all and every the subjects of the most serene and mighty prince, the King of Great Britain, with all freedom and safety to sail,
stipulated again, in Art.
trade,

to be "lawful for

countries,

and exercise any manner of traffic in all those kingdoms, and estates, which are, or any time hereafter shall be

in peace, amity, or neutrality with his said majesty; so that they shall not be any ways hindered or molested in their navigation

or trade, by the military forces, nor by the ships of war, or any kind of vessels whatsoever, belonging either to the High and Mighty States General of the United Netherlands, or to their

upon occasion or pretence of any hostility or difference which now is, or shall hereafter happen between the said Lords the States General, and any princes, or people whatsoever, in with his said majesty;" and so repeace, amity, or neutrality
subjects,

ciprocally.
*

Chalm., vol.

1, p. 85.

1806.

EXAMINATION,

ETC., ETC.

271

Art. II. "Nor shall this freedom of navigation and commerce be infringed by occasion or cause of any war, in any kind of merchandizes, but shall extend to all commodities which may be carried in time of peace, those only excepted which follow in the next article, and are comprehended under the name of

contraband."

^Lrt. Ill enumerates the articles of contraband. Art. IV contains a negative list, which, with all other articles not expressly included in the list of contraband, may be freely transported and carried to places under the obedience of enemies* except only towns or places besieged, environed, or invested.? This recital has been made the more minute, because it is necessary, in order to understand the whole force of the explanatory declaration between the parties bearing the same date; a document so peculiarly important in the present discussion, that
its

contents will be recited with equal exactness. This document, after stating "that some difficulty had arisen

concerning the interpretation of certain articles, as well in the treaty marine concluded this first day of December, 1674, as in
that which
his majesty of

was concluded the 17th February, 1667 8, between Great Britain on the one part, and the States

" General, &c., on the other part," proceeds to state that Sir William Temple, &c., on one part with eight commissioners on

the other, have declared, and do by these presents declare, that the true meaning and intention of the said articles is, and ought
to be, that ships

and vessels belonging

to the subjects of either

of the parties, can and might, from the time that the said arti*

That

this treaty stipulated the rights

is

of neutrals in the extent which

it is

cited

acknowledged by the British government, in the letter of Secretary Fox, of May 4, 1782, to M. Simolin the Russian Minister at London, in which this treaty is referred to as the basis of a reconciliation with Holland, and as "a treaty by which the principles of the armed neutrality are established in their widest extent." The first article in the armed neutrality asserts the neutral right in question, and on that ground has been always combated by British writers, and in Parliamentary discussions. In the debate in the House of Commons on the treaty of 1786, with France, Mr. Fox took an occasion to remark that what was then done had " the unanimous consent of his Majesty's Council."
to prove,
t Chalm., vol. 1, p.

177179.

272
cles

WORKS OF MADISON.
were concluded, not only
pass, traffic

1806.

and

trade,

from a

neutral port or place, to a place in enmity with the other party, or from a place in enmity to a neutral place, but also from a

port or place in enmity to a port or place in enmity with the other party, whether the said places belong to one and the same prince or State, or to several princes or States, with whom the
other party
is

in war.

And we

declare that this

is

the true

and genuine sense and meaning of the said articles; pursuant whereunto we understand that the said articles are to be observed and executed on all occasions, on the part of his said majesty, and the said States General, and their respective subjects; yet so that this declaration shall not

be alleged by either which happened before the conclusion of the party for matters 4.* late peace in the month of February, 1673 Prior to the peace, neither of them could claim the rights of This declaratory stipulation has been said to be peculiarly

neutrality against the other.

It is so for several reasons:
it

important.
1st.

determines the right of the neutral party, so may depend on the belligerent party, to trade not only between its own ports and those of the enemies of the belliger-

Because

far as

ent party, without any exception of colonies, but between any other neutral port and enemies' ports, without exception of colonial ports of the enemy; and moreover, not only between the ports, colonial as well as others, of one enemy and another ene-

my, but between the different ports of the same enemy; and consequently between one port and another of the principal country; between these and the ports of its colonies; between the ports of one colony and another; and even to carry on the coasting trade of any particular colony. 2d. Because it fixes the meaning not only of the articles in the two specified treaties; but has the same effect on all other
stipulations by Great Britain, expressed in the same or equivalent terms; one or other of which are used in most, if not all her treaties on this subject.
*

Chalm., vol.

I, p.

189.

1806.

EXAMINATION,

ETC., ETC.

273

3d. Because

ships should

and colonial was the less

it made a part of the treaties explained, that free make free goods; and consequently, the coasting trade, when combined with that neutral advantage,

likely to be acknowledged, if not considered as clearly belonging to the neutral party. 4th. Because the explanatory article was the result of the*
solicitation of

England herself, and she actually claimed and enthe benefit of the article, she being at the time in peace, joyed in war with France. t Dutch and the
In the treaty with France, February 24, 1677, Articles I, II, III, import that each party may trade freely with the ene-

and

mies of the other, with the same merchandize as in time of peace, contraband goods only excepted, and that all merchandizes not " contraband are free to be carried from any port in neutrality,

and from one port of an enemy to antowns blocked besieged, up or invested, only excepted." | other; In 1689, England entered into the convention with Holland, prohibiting all neutral commerce with France, then the enemy
to the port of an enemy,

of both.

||

In consequence of the counter treaty of Sweden and

Denmark, for defending their neutral rights against this violent measure, satisfaction was made, according to Vattel, for the
ships taken from them; without the slightest evidence, as far as can be traced, that any attempt was made by either of the

belligerent parties, to introduce the distinction between such part of the trade interrupted, as might not have been allowed before the war, and as was therefore unlawful, and such part

as having been allowed before the war, might not lawfully be subject to capture. are now arrived at the treaties of Utrecht, an epoch so

We

important in the history of Europe, and so essentially

*

influ-

See Sir William Temple's correspondence with his government, vol. 4, p. 55, of his works, where the success of his efforts, made with the sanction of his government, is particularly rehearsed.
t

treaties

See memorial of Dutch merchants in the Annual Register for 1778. These remained in force for more than a century, viz: from 1674, to the war

with the United Provinces in 1781.

f Jeukinson, vol. 1, p. 209.
||

Id., vol. 1, p. 209.

VOL.

II.

18

274

WORKS OF MADISON.

1806.

encing the conventional law of nations, on the subject of neutral

commerce.

The

treaty of navigation

and commerce, March

31, 1713, be-

tween Great Britain and France, Article XVII, imports, that all the subjects of each party shall sail with their ships with all manner of liberty and security, no distinction being made who are the proprietors of the merchandizes laden thereon, from any
port, to the places of those who now are, or shall hereafter be, at enmity with the queen of Great Britain and the Christian " king," and to trade with the same liberty and security from the places, ports and havens of those who are enemies of both

or of either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned to neutral places, but also from one place belonging to an enemy, to another place belonging to an enemy, whether they bo-

under the jurisdiction of the same prince or under several." Art. XVIII. "This liberty of navigation and commerce, shall extend to all kind of merchandizes, excepting those only which follow in the next article, and which are specified by the name
of contraband." Art.

XIX

gives a

list

of contraband, which

is

limited to war-

like instruments.

Art.

XX
list

specifies others,

many

of which are in other treaties

on the

of contraband, declaring that these with all other not in the list of contraband in the preceding article, goods, be carried and transported in the freest manner by the "may
subjects of both confederates, even to places belonging to an enemy, such towns or places being only excepted as are at that

up round about, or invested."* Could the principle maintained against Great Britain be more clearly laid down, or more strongly fortified by her sanctime, besieged, blocked

tion?

give to this example the complete effect which it ought to have, several remarks are proper. In the first place, on comparing the description given of the
*

To

Chalm., vol.

1, p.

390.

180(5.

EXAMINATION,

ETC., ETC.

275

which might be carried on between the neutral party and an enemy of the other party, with the description of the free trade allowed between the parties themselves, by the 1st
free trade,
article of the treaty, it appears that in order to except the colonial trade in the latter case, the freedom stipulated in Article

The terms are, " that there expressly limited to Europe. shall be a reciprocal and entirely perfect liberty of navigation and commerce between the subjects on each part, through all
I, is

and every the kingdoms,

ties in

States, dominions of their royal majesIn the stipulation relating to the neutral Europe" commerce of either with the enemy of the other (who, if a maritime enemy, could not fail to possess colonies out of Europe)

the terms are, "that all merchandizes, not contraband, may be carried in the freest manner to places belonging to an enemy, such towns or places only being excepted, as are at that time be-

sieged or blockaded, <fec.," without any limitation to Europe, or exception of colonies any where. It is obvious, that the terms here used comprehend all colonies, as much as the terms in the

would have done, if colonies had not been excepted " " by limiting the freedom of trade to places in Europe,; and consequently that if any distinction between the colonial and other places of an enemy, had been contemplated in the neutral trade of either party with him, as it was contemplated between the colonies and European possessions of the parties in their commerce to be carried on between themselves, the distinction would have been expressed in the latter case, as it was in the former; and not being so expressed, the trade in the latter case was to be as free to the colonies, as it would have been in the former, if the colonies had not been excepted by the limitation
first article

of the trade to Europe.* Secondly. But the treaty not content with this necessary construction, in favor of a neutral commerce with the colonies of an enemy, proceeds, in conformity to the example in the declaratory convention between England and Holland in 1674,
explicitly to declare the freedom of the neutral party, to trade not only from any port, to the places of an enemy, and from the
*

There are other treaties to which

this

reasoning

is

applicable.

276

WORKS OF MADISON.

1806.

places of an enemy to neutral places, but also from one place to another place belonging to an enemy, whether the places be un-

der the same or different sovereigns. Here both the coasting trade and the colonial trade, which, in relation to the parent country, is in the nature of a coasting trade, are both placed on the same footing with every other branch of commerce between
neutral and belligerent parties, although it must have been well known, that both those branches are generally shut to foreigners in time of peace, and if opened at all, would be opened in time of war, and for the most part, on account of the war.

known, that this particular treaty underwent great opposition and discussion, both without and within the British Parliament; and that it was for some time, under a Yet it does not appear, either from the legislative negative. public debates, or from the discussions of the press, as far as there has been an opportunity of consulting them, that the diffiThe conculty arose in the least from this part of the treaty. test seems to have turned wholly on other parts, and principally on the regulations of the immediate commerce between the two
Thirdly.
It is well

nations.

This part of the treaty may be considered, therefore, as having received the complete sanction of Great Britain. Had it indeed been otherwise, the repeated sanctions given to it
least use of

on subsequent occasions, would preclude her from making the any repugnance shewn to it on this. On the 28th November, 1713, a treaty of peace and another of commerce and navigation, were concluded at Utrecht with Spain, renewing and inserting the treaty of May 13th, 1667, the 21st and 26th Articles of which have been seen to coincide
with the rules of neutral commerce, established by the treaty at Utrecht, between Great Britain and France.'
55
'

Genoa and Venice were comprehended in the treaty of Utrecht, between Great Britain and Spain. t The above treaty of 1713, was confirmed by Article XII, of
a treaty of December
Spain.J
3,

1715, between Great Britain and

From
*

the above date to the treaty of 1748, at

t M-, vol. 2, p. 341.

Aix

la

Cha-

Chalm., vol 2, p. 109.

t Id., vol. 2, p. 174.

1806.

EXAMINATION,

ETC., ETC.

277

following treaties between England and other powers took place; in each of which, the principles established by her
pelle, the

treaties at Utrecht, are reiterated:

With Sweden, January 21, 1720, Article XVIII.* With Spain, June 13, 1721, Article II. Confirming the
of 1667 and!713.t

treaty

With France and

newing
all treaties

ReSpain, November, 9, 1729, Article I. of peace, of friendship, and of commerce, and

consequently those of Utrecht.^

With the Emperor of Germany and the United Netherlands, March 16, 1731, Article I. Renewing all former treaties of
Stipulating in Article II, a between either party and the enemy of the other, in all articles except munitions of war; and consequently articles permitted after, though not permitted before, the war. With Spain, (a convention,) January 14, 1739, Article I. Reiterating among former treaties, those of 1667 and 1713, above cited.T The treaty of Aix la Chapelle concluded in 1748, forms another memorable epoch in the political system of Europe. The immediate parties to it were Great Britain, France, and the United Provinces. The 3d** Art. of this treaty renews and confirms, among
free trade

peace, friendship, and alliance.il With Russia, December 2, 1734.

others, the treaties of Utrecht.^ This treaty was acceded to

by Spain, Austria, Sardinia,

Genoa, and Modena.

*

Jenkinson, vol.

2, p. 263.

t Jenkinson, vol. 2, p. 265. J Chalm., vol. 2, p. 200.

||

Chalm., vol.

1, p.

312.

Azuni, vol.
1F

2, p. 129.

Jenkinson, vol. 2, p. 340.

**

The

Aix

la Chapelle,

treaty of commerce at Utrecht not being specially mentioned in that of it may, perhaps, be questioned, whether it be included in the

confirmation. The question is of little consequence, as that treaty is expressly included in the confirmation of preceding treaties, by the treaties of Paris, 1763

and 1783.
ft Jenkinson, vol. 2, p. 374.

278

WORKS OF MADISON.

1806.

In 1763,* in the treaty between Great Britain, France, and Spain, to which Portugal acceded, the 1st Art. expressly renews

and confirms, among other treaties, the treaties of peace and commerce at Utrecht.t The treaty with Russia in 1766, Art. X, stipulates a free trade between either party, being neutral, and an enemy of the
other, with the sole exception of military stores,

and places

actually blockaded.! In a convention with

Denmark, July 4, 1780, explanatory of of contraband settled in a former treaty, it is expressly determined that merchandize not contraband, may be translist

ported to places in possession of enemies, without any other exception than those besieged or blockaded.il The treaty of peace in 1783 with France, by Art. II, renews

and confirms, among others, the treaties of Westphalia in 1648, of Utrecht in 1713, of Aix la Chapelle in 1748, and of Paris, 1763; in all of which the neutral right, now denied by Great
Britain,

was formally sanctioned by her stipulations. In her treaty of the same date, with Spain, the same confirm-

ation

is repeated.! In the treaty of commerce again with France in 1786, deliberately undertaken in pursuance of Art. XVIII, of the treaty

of 1783, the articles above recited from the treaty of Utrecht are inserted word for word; and thus received anew the most
deliberate and formal sanction.
It
Clialm., vol. I, p. 350. be here may again remarked, that although this treaty underwent the most violent opposition in Great Britain, it does

not appear that the opposition was at all directed against the articles on the subject of neutral commerce.

The

treaty of 1786

was explained and altered

in several par-

* If Great Britain had rested her captures of vessels trading with colonies of enemies, during the war of 1756, on the principle now asserted, this treaty relin-

quished the principle.

t Jenk., vol. 2, p. 180.

J Jenk., vol. 3, p. 228.

||

Chalm., vol.
Jenk., vol.

1, p. 97.

3, p.

337.

U Jenk., vol.

3, p.

377.

1806.

EXAMINATION,

ETC., ETC.

ticulars, by a convention bearing date August 31, 1787; without any appearance of dissatisfaction, on either side, with the articles on neutral commerce.

In the negotiations at Lisle, in 1797, it was proposed on the to part of Great Britain, by her ambassador, Lord

Malmesbury,

insert, as heretofore usual in the articles of peace, a confirmation of the treaties of Utrecht, Aix la Chapelle, &c., which was

opposed by the French negotiators, for reasons foreign to the

articles of those treaties in question. On this occasion, Lord Malmesbury, in urging the proposed " that those treaties had become the law of insertion, observed,

nations,
fusion."

and that

if
is

This fact

they were omitted* it might produce conattested by the negotiations, as published

by the British Government, t If the treaties had become, or were founded

in, the law of such an it be made a pretext nations, omission, although might for cavil between the parties, could certainly have no effect on

the law of nations; and if the treaties expressed the law of nations on any subject at all, on what subject, it might be asked, have they been more explicit than on that of the maritime rights

of neutrals?

This series of treaties, to which Great Britain is an immediate party, lengthy and strong as it is, has not exhausted the examples

by which she stands self-condemned.

it

remains for consideration; which, if ever to silence her pretensions. It

One, in particular, stood alone, ought for-

on the

A
"

is the treaty with Russia of June, 1801. very important part of the treaty is the preamble: " The mutual desire of his majesty the King of the United

517

"

&c., and his majesty the Emperor of all the Russias. not only to come to an understanding between thembeing " selves 'with respect to the differences which have lately inter-

Kingdoms,

"

rupted the good understanding and friendly relations which

*

Those

treaties

were not inserted

in the treaty of Amiens,

probably for the

reasons which prevailed at Lisle,

t

See Lord Malmesbury-s dispatch to Lord Grenville, dated 16th July, 1797.

280
" " "
" "

WORKS OF MADISON.

1806.

between the two States; but also to prevent, by frank and precise explanations upon the navigation of their respective subjects, the renewal of similar altercations and troubles which might be the consequence of them; and the common ob~
subsist

of their, said majesties being to ject of the solicitude

ences,

settle,

as

"
" "

soon as can be done, an equitable arrangement of those

differ-

and an invariable determination of

their principles

upon

the rights of neutrality, in their application to their respective " monarchies, in order to unite more closely the ties of friend"
"

ship and

good intercourse, &c., have named tentiaries, <fec., who have agreed," &c.

for their plenipo-

With
ing
"
" " " "
ter,

this declaratory preamble in view, attend to the followsections in Article III:

His Britannic majesty and his Imperial majesty of all the Russias having resolved to place under a sufficient safeguard the freedom of commerce and navigation of their subjects, in case one of them shall be at war while the other, shall be neuhave agreed;
"
1st.

That the ships of the neutral power may navigate freely and upon the coasts of the nations at war. 2d. That the effects embarked on board neutral ships shall be free, with the exception of contraband of war and of enemy's property; and it is agreed not to comprize under the denominato the ports "

tion of the latter, the merchandize of the produce, manufactures of the countries at ivar which should

growth, or have been of the the neutral and should be subjects power, acquired by tJieir account; which merchandize cannot be exon transported cepted in any case from the freedom granted to the flag of the
said power," &c., &c. These extracts will receive additional weight from the following considerations:
First. This treaty, made with Russia, the power that took the lead in asserting the principles of the armed neutrality, was, with exceptions not affecting the point in question, acceded to

by Sweden and Denmark, the two other European powers most deeply interested in, and attached to, those principles. It is a

1806.

EXAMINATION,

ETC., ETC.

281

treaty, therefore, of Great Britain, as to this particular point, as well as to most of the others, with Russia, and Den-

Sweden,

mark!

The treaty had for its great object, as appears by of so many of the definitions of the armed neutraladoption fix to the law of nations on the several points therein, which ity,
Secondly.
its

so much contested; the three northern powers yielding the point of free ships, free goods; and Great Britain yielding to all of them, those relating to the coasting, as well as every other branch of neutral trade; to blockades, and to the mode

had been

of search; and yielding to Russia, moreover, the point relating to the limitation of contraband. With respect to the case of convoys, a case not comprehended in the armed neutrality of 1780, but of much subsequent litigation, and inserted in that of 1800; a modification, satisfactory to the northern Powers, was
yielded by Great Britain; with a joint agreement that the subjects on both sides should be prohibited from carrying contraband or prohibited goods, according to an article in the armed
neutrality of both dates.

Thirdly. The treaty is expressly declared to be an invariable determination [fixation] of their principles upon the rights of
neutrality, in their application to their respective monarchies." It cannot be pretended that this stipulated application of the

rights of neutrality to the contracting parties, limits the declaratory effect, which is equally applicable to all neutral nations.

Principles and rights must be the same in all cases, and in relation to all nations; and it would not be less absurd than it
in the

would be dishonorable, to profess one set of principles or rights law of nations towards one nation, and another set towards another nation.
If there be

character

is

any parts of the treaty, to which this declaratory regarded as not applicable, it cannot be pretended

that they are the parts relating to the rights of neutrals to trade freely to the ports and on the coasts of nations at war; because, as already observed, the main object of the treaty was to settle

the questions involved in the armed neutrality; of which this was a primary one, and is here placed by the structure of the

282
article

WORKS OF MADISON.

1806.

under the same precise stipulation, with the liability to confiscation, of enemy's property in neutral ships; a point above all others which Great Britain must have wished to consecrate as the law of nations, by declaratory acts for that purpose.
cannot be pretended that the neutral rights here declared, do not extend to the colonial as well as coasting trade of belIt

ligerent nations, because the colonial trade is not only included in a "free trade to the ports and on the coasts" of such nations,

but because
to neutrals,

it is

expressly declared that the effects belonging

and transported on their account from countries at war, cannot be excepted from the freedom of the neutral flag in any case, and consequently not in the case of colonies, more
It is not improper to remark that this declaratory stipulation is not only included in the same article, which recognised the principle that enemy's property is excepted from the freedom of the neutral flag, but is associated with that recognition in the same section of the article, and even in the same sentence.* If it were possible to controvert the construction here given

than any other portion of such countries.

The

British

government having become aware of the entire renunciation

of her claim to intercept, in time of war, the commerce of neutrals with the colonies of her enemies, set on foot negociations, with a view to newmodel the stipulation. Nothing more, however, could be obtained from Russia

here

made

than her concurrence in an explanatory declaration, dated October 20, of the same year, in the terms following: "In order to prevent any doubt or misunderstanding with regard to the contents of the second section of the third article of 17 June, 1801, between his Britannic Majesty and the convention, concluded 5 his Majesty the Emperor of all the Eussias, the said high contracting parties

have agreed and declare, that the freedom of commerce and navigation granted by the said article to the subjects of a neutral power, [in the column in French, de la puissance neutre,] does not authorize them to carry in time of war, the produce and merchandize of the colonies of the belligerent power direct to the continental possessions; nor vice versa from the mother country to the enemy's colonies; but that the said subjects are, however, to enjoy the same advantages and facilities in this commerce, as are enjoyed by the most favored nations, and especially

by

it excepts from the general right of the neutral party to trade with the colonies of an enemy, merely the direct trade between the colony and the mother country. It leaves consequently, and

In this declaration

the United States of America." it will be observed, that

an indirect trade between the mother country recognises to the neutral party, 1, and her colonies 2d, the trade between one belligerent country and the colo-

1806.

EXAMINATION,

ETC., ETC.

283

might be made to a very able speech delivered by Lord Grenville in the British House of Lords in November 1801, in which this very construction is- fully demonThe demonstration is rendered the more striking by strated.
to the treaty, a reference

the embarrassed and feeble opposition made to it by the ingenuity of the very able speakers who entered the list against

him.*
between the neutral party itself, and enemy colobetween such colonies and any other neutral country. Another observation is, that as the distinction made between the particular trade excepted and the other branches of colonial trade, is not deducible by any possible construction, from the terms of the original text, it must be understood to be a compromise of expediency, on the part of Russia, rather than a derogation from the principle on which the general right is founded. It is to be further observed, that even the particular exception is abridged by an agreement on the part of Great Britain, that in case a direct trade between an enemy country and its colonies should be enjoyed by any other neutral country, equal advantages and facilities shall be extended to Russia. It may be still further observed, that the reference to advantages and facilities, as they may be enjoyed by neutral nations, particularly the United States, seems to imply that the United States at least, (who are indeed alluded to by 2 Rob. Rep., 168; Sir William Scott, as a nation particularly favored by France 4 Rob. Rep. Append., p. 4.) furnished an example of such a state of things; and as no such state of things was applicable to them, but that arising from regulations of France, which, being prior to the war of 1793, authorised on the British
nies of another
3d, the trade
nies
4th, the trade

principle
all

itself, a like trade by the United States during the war, it follows that captures and condemnations of American vessels trading between France and her colonies under those regulations, were on the British principle itself illegal, and ought to be indemnified.

Lastly, it may be observed, that the treaty to which this explanatory declaration relates, was accepted and ratified by Sweden and Denmark, and that these

two powers are not parties to the declaration. If they afterwards became parThe observations, of which the declaration has ties, it is more than is known. been found susceptible, must, indeed, render the fact of little consequence in any
point of view.
*

by Lord
his

For the speech, see a pamphlet entitled, " Substance of the Speech delivered Grenville in the House of Lords, November 13, 1801." The object of Lordship was to make it appear that the treaty had abandoned certain mari-

time doctrines of Great Britain; among others the doctrine relating to the trade of neutrals with the colonies, and on the coasts of nations at war. This he has done with the most complete success. With respect to the legality of the docHad he employed in the trine, he assumes, rather than attempts to prove it.

same abilities and candor, which distinguish his discussion of the meaning of the treaty, he could not have failed to be as much convinced
latter investigation the

284

WORKS OF MADISON.

1806.

Such, is the accumulated and irresistible testimony borne by Great Britain, in her own treaties, against the doctrine asserted

by

her.
It will be in order

now to resume the notice of treaties to which she was not a party, but which authorize some inferences and observations contributing still further, if possible, to invalidate her novel pretensions.
of the illegality of the doctrine abandoned, as he was of the abandonment itself. For the very lame replies made by other speakers, see Annual Register for 1802,

chap.

4.

author of six ingenious letters in vindication of the treaty attempts a distinction between its meaning and that of the armed neutralities, with a view to reconcile the former with the British doctrine.
In the two treaties of armed neutrality in 1780 and 1800, the neutral right to trade with a party at war, is expressed as follows: " to navigate freely from port to port, and on the coasts of nations at war."

An anonymous

In this treaty with Russia, the right is expressed with the following difference of terms: " to navigate freely to the ports, and upon the coasts of the nations at

war."

The author of the letters contends that the trade "from port to port" means a neutral trade in the purchased produce of the belligerent country carried coastwise; whereas to trade on the coasts of the belligerent, means nothing more than to proceed from one port to another, in making successive deliveries of the neutral

cargo transported to the belligerent country.

The answer is simple as it is conclusive. To navigate on the coast is to navigate from port to port. This is its plain meaning. The distinction between neutral property carried to the belligerent country, and property acquired by a neutral in the belligerent country, is suggested neither by the distinct modes of
expression, nor by any circumstance whatever affecting the interpretation of them. The distinction is purely arbitrary. It would not be more so if the different meanings which it assigns to these different phrases, were transposed. To navigate or trade from port to port, must mean to trade on the coasts; and to trade on the coast, is a coasting trade. It may be added, that the distinction

and inference attempted, are contradicted both by the general scope of the and by the terms of Art. 3, 2. Were the criticism allowed all the force which the author claims for it, he would still give up more than he would gain. For the Russian treaty affirms the
treaty,
.

right to navigate freely to the ports of those at war, without excepting the coloThe trade would therefore remain free between all neutral and colonial nies.
ports,

and the neutral trade between a belligerent and its colonies, would be unlawful on no other ground but that it was merely a coasting trade, without any of those peculiarities often ascribed to the colonial trade by the advocates for
the British principle. From the aspect of the letters,
it

may be

conjectured that they were not writ-

1806.

EXAMINATION,

ETC., ETC.

285

ited to such as preceded the

The review heretofore taken of this class of treaties was limarmed neutrality. Those now to

be added, are principally the treaties and conventions entered into in the years 1780 and 1800.

The

treaties of

1780 declare the right of neutrals in the case

under discussion, in the following terms: "that all vessels shall be permitted to navigate from port to port, and on the coasts
of the belligerent powers." Those of 1800 are in terms too tle varied to require recital.
It has never
lit-

been questioned, that these definitions of the neutral right were as applicable to colonies as to any other of the territories belonging to a belligerent nation. All the British writers have so understood the text, and in that sense, have

employed their pens against it. It need scarcely be remarked that the treaties in question were framed with a view, not of making a new law of nations, but of declaring and asserting the law as it actually stood.

The preamble to the convention of 1800, for the re-establishment of an armed neutrality between Russia and Sweden, explains the object in the terms following: "In order that the freedom of navigation and the security of merchandize of the neutral powers may be established, and the principles of the law

of nations be fully ascertained, &c." The preamble to the convention of 1780, states the principles avowed by the parties to be the principles derived from the
primitive rights of nations." The treaty of 1780 was originally concluded between Russia

and Denmark. But it was acceded to by Sweden, Prussia, the United Provinces, Austria, Portugal and Naples; and in effect, by France and Spain. The principles of the treaty had the sanction also of the United States of America in their cruising ordinances. Thus it is seen, that with the exception of Great
ten without a knowledge of the views of the government; and that they were intended to give colour to the distinction on which the explanatory declaration

above cited
peared in

is founded; whether as a measure actually concluded, or projected only, does not appear, the letters having no date in the edition which has ap-

this country.

286

WORKS OF MADISON.

1806.

Britain alone, all the powers of Europe, materially interested in the maritime law of nations, have given a recent and repeated sanction to the right of neutrals to trade freely with every part
of the countries at war.

And

although several of those nations

have, on some of the points contained in these treaties, as on the points of contraband and enemy's property under neutral
flags,

entered since into adverse stipulations; not one of them

has by treaty or otherwise relinquished the particular right under consideration,* whilst Great Britain, as we have seen in her
treaty with Russia, has herself, expressly acceded to the right. The importance of treaties in deciding the law of nations, or

that portion of it, which is founded in the consent of nations, will justify the extent which has been given to this review of them; and the conclusion which this review justifies is, that the

tenor of treaties, throughout the whole period deserving attention, confirms the neutral right contended for; that for more

than one and a half centuries, Great Britain has, without any other interruptions that those produced by her wars with particular nations, been at all times bound by her treaties with the
principal maritime nations of the world, to respect this right; and what is truly remarkable, that throughout the long period

of time, and the voluminous collection of treaties, through which the research has been carried, a single treaty only (putting aside the explanatory article between Great Britain and Rus-

noted above) has occurred, which forms an exception to the general mass.
sia,

The exception will be found in an article of a Danish treaty of June, 1691,t with England and Holland. In that article
On the contrary these rights have been repeated in the following treaties subsequent to those of the armed neutrality, namely, Russia and Denmark, 8 19 October, 1782 Art. 16, 17, 2 Martens' treaties, p. 290. Same and the Porte, 1021 June, 1783 Art. 39, Ib., p. 392. France and Holland, 10th November, 1785 Art. 8, Ib., p. 616. Austria and Russia in the year 1785 Art. 12, Ib., p. llth Jan., 1787 Art. 26 624. France and same, 31st December, 1786 7, 3 Mart, treat., p. 15. Russia and the king of the Two Sicilies, 6 17 January, 1787 Art. 18, Ib., p. 44. Portugal and Russia, December, 1787 Art. 22,
*

920

Ib., p. 117.
t

Dum., Tom.

7, par. 2, p. 293.

1806.

EXAMINATION,

ETC., ETC.

287

(the 3d) though somewhat obscure, either from inaccuracy in the original text, or in the printed copy, it seems that Denmark relinquished her neutral right of commerce between the ports

of France, then at war with the other parties. But this exception, instead of availing in any respect the belligerent claim
in question, corroborates the testimony furnished by treaties against it; as will appear from the following observations:
1st. In other parts of the treaty, there are stipulations favorable to Denmark, which may have been regarded as some compensation for the restriction imposed on herself.

2d. Admitting, however, the restriction to have been made without any compensating advantages; the sacrifice might fairly be ascribed to the dreadful oppressions on the Danish com-

merce, practised by England and Holland, and to the desire of Denmark, as a weaker power, to effect some mitigation of her

These sufferings cannot be better explained, than sufferings. by an extract from the preamble to a treaty concluded in 1693, between Denmark and Sweden, for the purpose of putting in
force a preconcerted plan of reprisals. "Although their majesties, the kings of Sweden and Denmark had hoped, that after

they had concluded their treaty of March, 1691, for maintaining

their navigation and commerce, the many unjust piracies exercised on their subjects, would at length have ceased; they have

nevertheless been grieved to find that, notwithstanding the reclamations and remonstrances which they have from time to

time made to the parties engaged in the war, in order that an end might be put to them, they have rather increased and augmented, even to a point that it is in a manner impossible to express, the pretexts, the artifices, the inventions, the violences,

the chicaneries, the processes which have been practised, not only against the vessels and goods of the subjects of their majesties,

but also against their public convoys, to the prejudice of the customs and tolls of their majesties, to the considerable

diminution of their duties and imports, and to the irreparable injury of their kingdoms and provinces, the subjects of which have suffered and lost infinitely, in their persons, their crews,

288
their vessels,

WORKS OF MADISON.

1806.

goods and merchandizes. Hence it is that their have been obliged, &c." majesties such as are here painted, might sufficiently account Distresses, for concessions on the part of a sufferer, without supposing them to flow from a deliberate or voluntary acquiescence in the principle on which they were founded. 3. But admitting the stipulation to have been both gratuitous and deliberate, and to form a fair exception to the general rule
of treaties,
still

being but a single exception to stipulations as

numerous and as uniform as have been brought into view, the exception must be considered as having all the effect in confirming the general rule, which can be ascribed, in any case, to a
confirmation of that sort.

The exception is limited to a trade between one French and another. It implies, therefore, and recognizes a freeport dom of trade between foreign and French ports, as well colonial
4.

as others.

To this ample sanction, drawn from the conventional monuments of Europe, it will be allowable to add the testimony of the only nation at once civilized and independent, in the American hemisphere. The United States have, or have had, treaties with France, Holland, Sweden, Eussia, Spain, and Great Britain.* In all of these, except the treaty with Great Britain, they have positively maintained the principle that neutrals may trade freely between neutral and belligerent ports, and between one belligerent port and another, whether under the same or different jurisdictions; and the treaty with Great Britain contained not even an implication against the principle. It merely omitted a stipulation on the subject, as it did on many others, contained in other treaties.f
* all

To

these might be

added

their treaties with the coast of Barbary,

which are

favorable to the neutral rights of commerce. So are various treaties of Great Britain, and of the other powers of Europe, with that coast and with the Otto-

man

Porte; all of which, as well as those with the Asiatic powers,

to omit in this enquiry.

it

was thought

most proper

t One of the results of that treaty comprehends a most important sanction from Great Britain, against the doctrine asserted by her. The 7th Article of the

1806.

EXAMINATION,

ETC., ETC.

289

The Conduct of other Nations.

The evidence from this source is merely negative; but is not on that account without a convincing effect. If the doctrine advanced by Great Britain had been entertained by other nations, it would have been seen in the documents, corresponding with those which contain the British doctrine. Yet, with all the research which could be employed, no indication has been
met with, that a single nation, besides herself, has founded on the distinction between a trade permitted and a trade not permitted in time of peace, a belligerent right to interrupt the trade
in time of war.

The

distinction can be traced neither in their

diplomatic discussions, nor their manifestoes, nor their prize ordinances, nor their instructions to their cruizers, nor in the decisions of their maritime courts.

If the distinction

had been

asserted or recognized, it could not fail to have exhibited itself, in some or other of those documents. Having done so in none
treaty stipulated a compensation to citizens of the United States, for the damages sustained from irregular and illegal captures, and established a joint board

of 5 commissioners, to decide on all claims, according to equity, justice, and the law of nations. These claims were founded in a very great degree on captures authorized by the British instructions of November 6, 1793, and depending, there-

on the question whether a neutral trade with belligerent colonies, shut in time of peace, was a lawful trade in time of war. The board, on a full consideration, reversed the sentences pronounced, even by the admiralty tribunal in the last resort, in pursuance of those instructions; and consequently, as the comfore,

missioners were guided by the law of nations, the reversal decided that the instructions and the principle on which they were founded, were contrary to the law of nations. The joint commissioners were appointed, two by each of the
parties, and the 5th by lot, which fell on an American citizen. British commissioners concurred in the decision, does not appear.

Whether the But whether

they did, or did not, the decision was equally binding; and affords a precedent of great weight in all similar controversies, between the two nations. Nor is the

by the circumstance, that the casting voice was an American citizen; first, because he was selected and nominated by the British side as an American candidate, possessing their confidence; secondly, because as a man. he was highly distinguished for the qualities fitting him for so independent a station; thirdly, because a joint tribunal so composed, must in every point of view, be less liable to improper bias, than a tribunal established by, and dependent on the orders of one of the parties only.
authority of the case impeached
in

VOL.

II.

19

290

WORKS OF MADISON.

1806.

of them, the inference cannot be contested, that Great Britain the only nation that has ever attempted this momentous innovation on the law of nations.
is

Conduct of Great Britain.

If it be not enough to have shewn, that the belligerent claim asserted by Great Britain is condemned by all the highest authorities on the law of nations, by the clearest testimony of
treaties

among

all

the principal maritime nations of the world,

herself included, and by the practice of all other nations; she cannot surely demur to the example of her own proceedings. And it is here, perhaps, more than any where else, that the claim ought to shrink from examination. It will be seen, in the course of the following observations, that Great Britain is compelled, under every appeal that can be made to herself, to pronounce her own condemnation; and what is much worse, that the innovation, which she endeavors to enforce as a right of war, is under that name a mere project for extending the field of maritime capture, and multiplying the sources of commercial aggrandizement; a warfare, in fact, against the commerce of her friends, and a monopolizing grasp at that of her enemies. 1st. Whilst Great Britain denies to her enemies a right to

relax their laws in favor of neutral commerce, she relaxes her own, those relating as well to her colonial trade, as to other

branches.
2d. Whilst she denies to neutrals the right to trade with the colonies of her enemies, she trades herself with her enemies, and invites them to trade with her colonies.
1st.

That Great Britain relaxes

in time of

war her trade

laws, both with respect to her colonies and to herself, is a fact which need not be proved, because it is not denied. A review

of the progress and modifications of these relaxations will be found in Reeves'* Law of Shipping and Navigation; and in the
*

" This

is all

that I have

down,

in the act of navigation

been able to collect, for illustrating the rules laid and of frauds, for the conduct of the European

1806.

EXAMINATION,

ETC., ETC.

291

war neutral

successive orders of the British council, admitting in time of vessels, as well as neutral supplies, into her West

India colonies. It will not be improper, however, to shew, that in these relaxations of her peace system, she has been governed by the same policy of eluding the pressures of war, and of transferring her merchant ships and mariners from the pursuits of commerce to the operations of war, which she represents as ren-

dering unlawful the like relaxations of her enemies. The object of dispensing, in time of war, with the navigation

was avowed by the legislature itself, in the preamble to one which was passed not long after the navigation act was adopted. The preamble recites, " And whereas by the laws
act,

of

its acts,

trade. And having now taken a view of the policy pursued for rendering the foreign trade of the whole world subservient to the increase of our shipping and navigation, I shall draw the reader's attention to another part of the subject; and

present to him the instances in which this spirit of prescribing the mode of carrying on foreign trade has been compelled to yield, and the execution of our navigation laws has been suspended, lest, in the attempt to enforce them, our commerce might be extinguished, or greatly endangered. " The laws of navigation, like other laws, have given way to necessity; and have been suspended in time of war. During the dread of continual danger from
to

navigated, or whence it comes. At such conjunctures it has been usual, more or less, to suspend the act of navigation: the first instance of this was in the Dutch war, in
the reign of Charles
cised
II.

an enemy at sea, it is well if foreign trade can be carried on at all; be curious as to the built of the ship that is employed in it, how it

it is is

no time

common in those times, by the prerogative exerthe crown, of dispensing with laws upon urgent occasions. On the 6th March, 1664, it was found necessary to issue an order of council for suspending the act of navigation wholly, as far as regarded the import and export of Nor"It was then done, as was

by

way, and the Baltic sea, and as far as regarded Germany, Flanders, and France, provided the merchants and the owners of the ships were natural-born subjects: it was further permitted to any one of a nation in amity to import from any parts, hemp, pitch, tar, masts, saltpetre, and copper, and to pay duty only as natural-born subjects. English merchants were permitted to employ foreign and the in plantation trade; but they were to comply with the recoasting ships
striction of shipping in,

"This was

letting loose at once

and bringing their cargoes to England or Ireland. most of the restrictions belonging to our navi-

to make the best of it, gation system, and throwing it among the rest of Europe, had proposed to ourselves. during the time we were unable to follow up the plan we " In the war of when we had a war with both France and Spain, it was

1740,

our navigation laws; but again necessary to relax from the strictness of

it

was

292
"
"

WORKS OF MADISON.
required to be, the master

1806.

the navigating of ships or vessels in divers cases, and three-fourth parts of the " mariners being English, under divers penalties and forfeitures
is

now in force,

"

therein contained:

And whereas

great numbers of seamen are

" " "

" "

employed manning of the Royal that it so is become necessary, during the present war, Navy, to dispense with the said laws, and to allow a greater number of foreign mariners for the carrying on of trade and commerce:

in her majesty's service for the

Be

it

enacted, &c., that during the present war," &c.

Without pursuing the series of similar recitals during successive wars, one other example of later date will be given, in which the same object is avowed. The preamble of 13 G-. 2, Ch. 3, is in the following words: "For the better supply of mariners and seamen to serve in his majesty's ships of war, and on board merchant ships and other trading vessels and privaway as would facilitate the carrying on of our up the favorite object of British shipping; and this was, by permitting foreigners to become owners of British ships, and to trade as
endeavored
to

be done

in such a

trade, without wholly giving

British subjects.

In the Avar with France, beginning in the year 1756, the like law was passed, to continue during that war; and again in the year 1779, during the continuance of the then subsisting hostilities with France. " In these temporary expedients, we may trace the progressive increase of
British shipping. In the Dutch war of 1664, the nation were obliged at once to abandon the Baltic trade, and to admit foreign ships into the coasting and plantation trade. But in the war of 1740 we made no other concession than that of ad-

"

mitting foreigners into the ownership of British-built ships, and to navigate will) foreign seamen for carrying the European commodities to this country and to This was also done in the war of 1756. and in the last war the plantations.

However,

pelled to yield a little further. America, were permitted to be

in the last war, pressed as our trade was on all sides, we were comMany articles of the trade of Asia, Africa, and

to a nation in amity.

But

brought from any place, in any ships belonging in neither of these wars, not even in the last, when we

had the maritime powers of both worlds to cope with, Spain. France, Holland, and America, did we allow foreign ships to participate in the coasting or in the plantation trade." Reeves Law of Shipping and Navigation, part 2, chap. 3. The reason for not then opening the plantation trade is obvioxis. The only country furnishing the articles needed, was this country, with which Great Britain was then at war. In the wars of Great Britain, since the United States have been a neutral country, her colonial trade has been opened to them.
1

1806.

EXAMINATION,

ETC., ETC.

293

and for the better carrying on the present or any future war, and the trade of Great Britain during the continuance
teers,

thereof,"

<fcc.

British orders of council, and proclamations of governors, issued from time to time during war, and opening, on account of war. the colonial trade to neutrals, in cases where it
to them in times of peace, are too well known to reOrders to that effect are quire particular recital or reference. now in operation; and fully justify the position, that, as well in

The

was shut

the case of the colonial trade as of the trade with the parent country, the same thing is done by Great Britain herself, which she denies the right of doing to her enemies.
2d. That she trades with her enemies, and invites them to trade with herself, during war, are facts equally certain and

notorious.

The efforts of Great Britain to maintain a trade at all times with the colonies of other nations, particularly of Spain, both in peace and in war, and both by force, and clandestinely, are
abundantly attested by her own, as well as other historians. The two historians of Jamaica, Long and Edwards, are alone sufficient authorities on the subject.
It has been already noticed, that, in the infancy of her belligerent pretension against the trade of neutrals with the colonies of her enemies, she favored, by special licences, a trade of

her

own

The

subjects with the same colonies. like inconsistency might be verified

by a train of exam-

ples since the pretension was, during the war of 1793, brought again into action. But it would be a waste of time to multiply

proofs of what is avowed and proclaimed to all the world by her acts of parliament; particularly by the act of June 27, 1805,
consolidate and extend the provisions respecting the free ports in the "West Indies."
''to

This act establishes certain free ports in Jamaica, Grenada, Dominica, Antigua, Trinidad, Tobago, Tortola, New ProviThese dence, Crooked Island, St. Vincent's, and Bermuda.
ports, distributed throughout the

West

Indies, with a

view to

the most convenient intercourse with the colonies, and settlements of her enemies in that quarter, are laid open to all the

294

WORKS OF MADISON.

1806.

valuable productions thereof, and to small vessels with single decks, belonging to, and navigated by, inhabitants of such colonies

and settlements.

In like manner, the enemies of Great

Britain are allowed to export from the enumerated ports, rum,

negroes, and all goods, wares, and merchandizes, excepting naval stores, which shall have been imported thither in British ves-

same time, made for the re-exportaenumerated productions imported from the colonies and settlements of her enemies, to Great Britain and her possessions, according to the regulations prescribed
sels.

Provision

is,

at the

tion, in British vessels, of the

by her navigation

act.

In pursuance of the same principle exercised in her laws, we find her entering into a treaty in time of war, which, in one of

opened a branch of colonial trade to neutrals not in time of peace, and which being to continue in them open force only two years after the end of the war, may be considits articles,

to

ered as made in effect for the war.

Article of the treaty with the United States in 1794, stipulated that American vessels not exceeding a given size, may trade between the ports of the United States and the British

The 12th

West

Indies, in cases prohibited to

them by the colonial

system in times of peace. This

article, it is true,

was

frustrated

by the refusal of the United States to ratify it; but the refusal did not proceed from any supposed illegality of the stipulation. On the part of Great Britain the article had a deliberate and regular sanction; and as it would not have been a lawful stipubut on the supposition that a trade not open in peace be opened in war, the conduct of Great Britain, in this case may at variance with the rule she lays down for others. is also,
lation,

But a most interesting view of the conduct of Great Britain will be presented by a history of the novel principle which she is endeavoring to interpolate into the code of public law, and
by an examination of the fallacies and inconsistencies to which her Government and her courts have resorted, in maintaining
the principle. It is a material fact that the principle was never asserted or enforced by her against other nations, before the war of 1750.

That

at the

commencement of the preceding war of 1739,

it

1806.

EXAMINATION,

ETC., ETC.

295

did not occur, even to the ingenuity of British statesmen labouring for parliamentary topics of argument, is proved by the debate which, on that occasion, took place in the House of Lords. In the course of the debate on the expediency of the war, this fallen under particular point having consideration, the following observations were made by Lord Hervey against the war:
" "

Some people may perhaps imagine that great advantages might be made by our intercepting the Spanish plate fleets,

"

or the ships that are employed in the trade with their settlements in America, because no Spanish ships can be employed " in that trade; but even this would be precarious, and might " in several shapes be entirely prevented; for if they should " open that trade to the French and Dutch, it is what those two " nations would be glad to accept of, and we could not pretend " to make prize of a French or Dutch ship on account of her being " bound to or from the SPANISH SETTLEMENTS IN AMERICA, no " more than we could make prize of her on account of her being " bound to or from any port IN SPAIN. We could not so much
" "
"

"
" "

as pretend to seize any treasure or goods (except contraband she had on board) unless we could prove that those goods or
treasure actually belonged to the King or subjects of Spain. Thus the Spanish treasure and effects might safely be brought,

&c."

Lord Bathurst
"

in answer:

We

may do the Spaniards much damage by privateering,

home
in flotas,

&c.

If they bring their treasure

we

intercept

them by our squadrons; if in single ships our privateers take them. They cannot bring it home either in French or Dutch ships,* because by the 6th Article of the treaty of Utrecht, the King of France is expressly obliged not to accept of any other
* It

was overlooked by both

sides in the discussion, that the neutral right to

trade with the coasts and colonies of an enemy, and even to cover the property of an enemy, was stipulated by Great Britain to France, in the treaty of Utrecht,
it

1713, then in force, and to the Dutch in the treaty of 1674, then also in force. If be said that the omission to notice these treaties was deliberate, and proceeded

from a construction of the treaties which excluded from their purview, the colonial trade of an enemy, this presumed accuracy and deliberation of the speakers would strengthen the inference from the omission to cite the principle in question, that the principle was unknown to or disclaimed by them.

296

WORKS OF MADISON.

1806.

usage of navigation to Spain and the Spanish Indies, than what in the reign of Charles II, of Spain, or than what shall likewise be fully given and granted at the same time to

was practised

other nations and people concerned in trade. Therefore, the could not the in America trade Spaniards lay open to the French,

or at least the French could not accept of it; and if the Dutch should, they would be opposed ~by France as well as by us; an opposition they would not, I believe, chuse to struggle with."*

Through the whole of the debate the subject is taken up, not on the ground of a belligerent right, or of a neutral duty, but merely on that of commercial jealousy and policy. Had the distinction between a trade allowed in peace as well as war, and a trade allowed in war only, been maintained by British states-

men

then, as it is maintained by thorn now, the same ready answer would have been given then, as in a like discussion, would be given now, viz: that neither France nor Holland could

enter into a trade with the Spanish colonies, because, being a trade not open in time of peace, it could not be laid open in time of war.
also, which took place in the House of Lords, the concerning Spanish captures in America, and the war which several of the Lords in their speeches lay down in defollowed, the in cases which tail, belligerent nations may search, capture,

In the debates

and

lonial trade

confiscate neutral vessels in time of war; yet, although cowas the immediate subject of discussion, the dis-

tinction

now employed, seems never

to

have entered into the

thoughts of the speakers. Again, in the course of this war to which France became a

party on the side of Spain in 1744, it appears that the tribunals of Great Britain proceeded on the same principle, that the trade
of neutrals with the colonies of her enemies, though not open in time of peace, might be a lawful trade in time of war. For this
there
is the testimony of Robinson's reports, in which it is stated, that ships taken on a voyage from the French colonies, were released before the Lords of Appeal. t

We

find then, that prior to the

*

war of 1756,
f 2 Rob., 122,

this belligerent

6 Lords' debates, 136, 154.

Am.

edit.

1806.

EXAMINATION;

ETC., ETC.

297

claim of attacking all neutral commerce not permitted in time of peace, a claim so broad in its principle and so baneful in its operation, never had a place among the multiplied pretensions
enforced by power, or suggested by avarice. At some times nations have been seen engaged in attempts to prevent all commerce whatever with their enemies; at others to extend the list
of contraband to the most innocent and necessary articles of common interchange; at others to subject to condemnation both

and cargo, where either the one or the other was the property of an enemy; at others to make the hostility of the country producing the cargo, a cause of its confiscation. But at no time, as seems to be admitted by Sir William Scott himself,* was this encroachment on the rights of neutrality devised by any nation until the war of 1756. Then it was that the naval resources of Great Britain augmented by her prosperous commerce, more especially that of her then colonies, now the United States of America, gave her an ascendancy over all her rivals and enemies, and prompted those abuses which raised the
vessel

voice of all Europe against her. The first effect of this overgrown power was seen in the bold enterprize of seizing on the whole trade of France within her
grasp, in contempt of all forms of quired by the usage of nations. It

commencing hostilities, rewas next seen in the exten-

sive depredations on the trade of neutrals, particularly of the Dutch, in defiance not only of the law of nations, but of the most explicit stipulations of treaty. The losses of that single nation,

lions sterling.f

two years of the war, amounted to several milThe Dutch, by their ambassador at London, remonstrated. The British ambassador at the Hague was instructed to enter into explanations. Among these it came out,:}:
within the
first

for the first time, that

Great Britain meant, notwithstanding the admonitions of prudence as well as of justice, to deny the right of neutrals to carry on with her enemies any trade beyond the of peace. precise trade usually carried on in time
* t

In the case of the Immanuel, 2 Rob., 156. Am. See Annual Reg., 17578.

edit,

} Ibid., 1758.

298

WORKS OF MADISON.
origin of this novel principle deserves a the French commerce, than the

1806.

The
war on

developement.

more particular The English Government had no sooner made

Dutch began
to avail

themselves of their neutral and stipulated rights to enter into the commerce of the colonies, both to their own it; particularly
ports,

and to French
this

war on

commerce,

The English immediately made ports. as indeed they did on the commerce to

The Dutch vessels were Spain, Portugal, and other countries. and the seas, their on seamen very badly even pillaged high
In the years 1757 and 1758 alone, the number of vescaptured and pillaged amounted to no less than three hundred; and the damages were estimated at eleven millions of
treated.
sels

between five and six millions of dollars. The Dutch apto their treaties with England [those in 1674 and 1675] pealed which made enemy's goods free in their ships, contraband only
florins,

excepted, and the Dutch trade free from and to the enemy's The English ports, and from one enemy's port to another.

were driven

to the pretext, that the treaty of 1674 said only that the liberty of trade should extend to all merchandizes which were transported in time of peace, those of contraband

excepted; and was, therefore, not applicable to the colonial trade in time of war. Besides that the time of peace, if it had been any thing more than a mode of expressing the entire free-

dom of commerce, could refer only to the kind of merchandizes, not to the ports or channels of trade, the Dutch were able to
appeal to the declaratory treaty of 1675, which stipulated an unlimited freedom of trade from and to ports of enemies, withreply, the English found

out saying any thing as to times of peace. This admitting no no refuge but in the pretext, that the

Dutch

vessels,

considered as French vessels.

being engaged in the colonial trade, were to be This lucky thought eluded the

stipulation that free ships make free goods, as well as that which embraced the right of trade on the coasts and with the colonies

of enemies.

It was alledged also, but with little seeming reliance on such an argument, that the commerce with the French islands was not known in 1674, and therefore could not be com-

prised in that treaty.

These pretexts being very

little satisfac-

1806.

EXAMINATION;

ETC., ETC.

299

tory to the Dutch, the Province of Holland, the chief sufferer, talked of reprisals. The English answer is in Tindal's Cont.,
vol.
9,'

p.

577

8.

Undertaking to decide on a constitutional

question within an independent nation, they said, if the Province of Holland, which had no authority, should fit out ships,

they would be treated as pirates; and if the States General should do it, it would be taken as a declaration of war. Such

was the birth of

this spurious principle.

Being avowed, however, on the part of the Government, it was to be expected that it would have its effect on the courts
of admiralty. As the decisions of these, during that period, were never reported, the best knowledge of them is to be gathered from references incidentally made to them, in the proceedings of other British courts, and in the proceedings of the high court of admiralty, since the reports of them have been pubprecise information which has been obtained the first channel, appears in the case of Berens vs. through before the court of King's bench, reported in 1 BlackRucker,
lished.

The most

This was the case of a Dutch ship which had stone, p. 313. in taken sugars at sea, off the Island of St. Eustatius, brought
along side of her by French boats from a French island; which ship was captured in 1758, on her return with that cargo to Amsterdam. Lord Mansfield in pronouncing on the case in 1760, expressed himself as follows: " This capture was certainly unjust. The pretence was that " part of this cargo was put on board off Saint Eustatius by
"

French boats from a French island.

This

is

now a

settled

"

point by the lords of appeals to be the same thing as if they " had been landed on the Dutch shore, and then put on board " The afterwards, in which case there is no color for seizure.
"
is, that if a neutral ship trades to a French colony with the privileges of a French ship, and is thus adopted and " naturalized, it must be looked upon as a French ship, and is

rule
all

"

"
"

liable to

be taken

not

so, if

she has only French produce on

it

board, without taking " chased of neutrals."

it

at a French port, for

may

be pur-

300

WORKS OF MADISON.

180G.

Here the ground of capture must be distinctly noted. It is not that the trade, as a trade allowed in war only, was unlawful, and thence incurred a forfeiture of both ship and cargo; the
ground and measure of forfeiture, which are now alleged. The vessel is condemned on the ground, or presumption, that it had, by adoption, been made the property of the enemy; whilst the cargo is not liable to condemnation, if not proved to be enemy's
In other words, the vessel is, in spite of the fact, presumed from the mere circumstance of navigating in a French channel, to be French property; and the cargo, although of
property.
is

French production, and found in a vessel looked upon as French, notwithstanding these considerations, open to the presumption that it might be neutral property. This shews only that the Herculean principle was at that time in its cradle; and that neither the extent of its powers, nor the, wonders which it was to be called to perform, were at first unIts capacities were to be learnt and applied, as they derstood. be unfolded by time and occasions. At that time, neumight tral vessels being admitted into new channels of French trade

by grants of

special licences to the vessels, the occasion was to be best answered with respect to the vessels, by the thought rather the fiction, that they were French vesor presumption,

and with respect to the neutral cargo, as it did not fall precisely under the presumption applied to the vessels, it was left to escape until further time and occasions should teach the other shapes and uses, of which the innovation was susceptible. These shapes and uses soon began to disclose themselves: for it appears from the references made in the case of the Providentia,* tried before Sir W. Scott in 1799, that French West India produce, conveyed by neutrals from Monte Christi, a
sels;

Spanish neutral port, was, in the progress of the war of 1756, condemned, on the pretext that the intervention of a neutral port, was a fraudulent evasion of the rule which condemned the
trade with a French port; notwithstanding the previous rule of the Lords of appeal, according to which the landing or even
*

2 Robinson, 120.

1806.

EXAMINATION,

ETC., ETC.

301

trans-shipment of such produce, at a neutral port, neutralized the trade, and made it lawful.

There is some obscurity, it must be owned, as to the principle on which a neutral trade with the French colonies was condemned, after the discontinuance of special licences; it being sometimes stated in the arguments referring to that period, that the condemnation was founded on the principle, that the trade was virtually or adoptively, a French trade; and sometimes, that it was founded on the general principle that it was a trade
not open in time of peace. Certain it is, that the original principle was that of a virtual adoption, this principle being commensurate with the original occasion; and that, as soon as this
original principle
sions,

was found

insufficient to reach the

new

occa-

a strong tendency was seen towards a variation of the principle, in order to bring the new occasions within its reach.
It is remarkable that, notwithstanding the broad principle asserted by the cabinet through its diplomatic organ at the Hague, which interdicted to neutrals every trade not allowed

to them in time of peace, the courts of Admiralty not only limited the principle at first, and hesitated afterwards to extend it, in the manner which has been seen; but never undertook to

though so strongly marked as a and therefore so clearly within the range of peace monopoly, the principle; nor does it appear, even, that the principle was
apply
it

to the coasting trade;

applied to the trade with the Spanish colonies, after Spain joined
in the war, notwithstanding the rigorous monopoly under which they are known to be generally kept, in time of peace.
to remark, as a proof of the inconfalse principles, and the indulfrom sistency always resulting the English themselves, if the of that gence unjustifiable views, Annual Register is to be believed, were actually trading, by means of flags of truce equivalent to licences, both directly with the French islands, and indirectly through Monte Christi,
It is still

more important

during the very period when they were confiscating the property of neutrals carrying on precisely the same trade, in the same

manner. Such is the state of the question as presented during the war

302
of 1756.

WORKS OF MADISON.

1806.

The next enquiry relates to the war of the American Revolution, or the French war of 1778. Here it is conceded on the British side, that the new principle On the other was, throughout that period, entirely suspended.

may be affirmed, that it was absolutely abandoned. One proof is drawn from the course of decisions, in the British high court of Admiralty, by Sir James Marriott, the predeside, it

cessor of Sir

The

first

"Wm. Scott. volume only of

his decisions has yet

found

its

way

to this country.

In that are contained the cases referred to

below;*

all

of which are adjudged on the principle, that the

coasting trade, and of course every other branch of trade, not allowed to foreigners by a nation at peace, and which may be

opened

to neutral foreigners

by such nation when at war, are

lawful trades.

Although some of the ships, in these cases, were Danish, and others Dutch, and consequently within the stipulations of treaties which have been heretofore cited; yet there is no appearance that the Judge was guided in his decisions by that authority;
is it in the least probable, that they will now be explained a by resort to it. But should such an attempt be made, it could be of no avail; because, among the cases, there are two, one of

nor

a Lubeck and the other of a Prussian vessel, which could be decided by no other rule than the general law of nations; there being no British treaty, with either Prussia or Lubeck, applica-

There is another case, a colonial one too, ble to the question. decided 21st January, 1779, in which the law of nations must
of necessity have been the sole guide. It was that of a French The general cargo, ship, bound from St. Domingo to Nantz.
as well as the vessel, were condemned as enemies' property; reserving the question concerning the claims of considerable
*

The Yonge Helena, a Dutch

ship, p. 141.

La

Prosperite, or Welfaren, claimed as a Lubecker, p. 170.

Les Quatres Freres, a Danish vessel, p. 180. The Verenderen, or Le Changement, a Prussian vessel, p. 220. The Zelden, a Dutch ship. p. 243. The Dame Catherine de Workeem, a Dutch ship, p. 258.

180G.

EXAMINATION,
made by two passengers

ETC., ETC.

393

value,

as neutrals, the one asserting

himself to be a subject of Bohemia, the other of Tuscany. The articles claimed were ultimately condemned as enemies' property; without the slightest allusion to the illegality of a neutral

trade between a belligerent country and its colonies; which, if then maintained, as it is now, would at once have put an end to the claims.
It is strictly and incontrovertibly just, then, to say, that these decisions maintain the law of nations as asserted in this inves-

tigation; and abandon and renounce it, as asserted in the decisions of the same court, under its present Judge. During the war of 1778, the Judge had no guide whatever in prize cases,

turning on this question, but the law of nations. Neither treaties, nor acts of parliament, nor any known orders of council,
interposed any special rule controuling the operation of that law. That law, consequently, was the sole rule of the decisions; and these decisions, consequently, complete evidence of the law, as then understood and maintained by the court: and
let it

be repeated, that

if

such was the law in the case of the

coasting trade, it was equally the law as to every other channel of trade, shut in peace, and laid open in war.

These decisions were, indeed, made by the high court of Adand not by the Lords Commissioners of Appeal, the authority in the last resort, on such subjects. But this consideration does not impeach the inference drawn from the decisions; which having not been reversed, nor appealed from, are fair evidence for the purpose to which they are applied. It is for an omission to enter where to account appeals, impossible the captors were in their own country, and must have had the
miralty,

best counsel, without supposing that the appeals afforded not the smallest chance of a more favorable decision.

But as a further and more unexceptionable proof that the principle was abandoned, it is stated by Sir Wm. Scott himself, that "in the case of the Verwagtig,* (a vessel trading between France and Martinique during the war of 1778) and in many
* 1

Rob., 252.

304

WORKS OF MADISON.

1806.

other succeeding cases, the Lords of Appeal decreed payment of This, it must be observed, freight to the neutral ship owner."
is

a case of colonial trade; and a colonial trade of the most exclusive kind in time of peace; a trade between the colony and the parent country.
these authorities, an explanation equally singular and unIt was understood, says Sir William satisfactory is opposed.
Scott, that
" "

To

"
" " " "

France in opening her colonies, during the war [of 1778] declared that this was not done with a temporary view relative to the war, but on a general and permanent purpose of altering her colonial system, and of admitting foreign vessels, universally and at all times, to a participation of that commerce. Taking that to be the fact, (however suspicious
its

"

commencement might

be, during the actual existence of

the war,) there was no ground to say that neutrals were not " carrying on a commerce, as ordinary as any other in which
"
" "

they could be engaged; and therefore, in the case of the Verwagtig, and many other succeeding cases, the lords decreed

payment of freight to the neutral ship owner." At what particular time, and in what particular terms, this important declaration by France was made, is not mentioned; nor has any such declaration been discovered by a search which has been carried through all the French codes, and such of the annals of the time, as were most likely to contain it; and without some further account of this "declaration," or this "profession" on the part of France, as it is elsewhere called in Rob. Reports, it is impossible to decide on the precise character and
import of
it.

But supposing the fact, as it was taken to be, how account for so unexampled an instance of blind confidence by Great Britain, in the sincerity of an enemy, always reproached by her with the want of sincerity; and on an occasion too, so peculiarly suspicious, as that of a profession at the commencement of war, calculated to disarm Great Britain of a most precious branch of her rights of war?
If her suspension of the new principle is not to be explained by an intentional return to the established law of nations; and

1806.

EXAMINATION,

ETC., ETC.

305

the explanation of the fact lies in the alternative between her

respect for a suspicious declaration of France, made in the suspicious crisis of a war, more than any other charged by her on
the perfidious ambition of France; and her respect for those prudential motives which her own situation may have suggested for abandoning, rather than renewing, the attempt to maintain

such a principle;

it

planation drawn from the following review of her

will not be easy to avoid preferring the exsituation.

However bold it may have been in Great Britain to advance and act upon the new principle in the war of 1756, it has been seen that she went but a small part of the length of it; and with an evident desire to make the innovation as little conspicuous and obnoxious as was consistent with her object. In this caution she was probably influenced by a regard, not only to the
progress of opinion in Europe in favor of neutral rights; but particularly to the king of Prussia, whose friendship she courted, and who was known to be a patron of those rights. His dis-

pute with Great Britain, produced by her seizure of Prussian vessels in the preceding war, and by his seizing in return, the Silesian funds mortgaged to Great Britain, is well known. The
issue of this dispute has been represented as a complete triumph

of the belligerent claims of Great Britain, over the pretensions of the neutral flag. The fact, however, is, that she was obliged

redeem the Silesian debt from the attachment laid on it, by paying to Prussia the sum of 20,000 pounds sterling, as an indemnity for the prizes made of Prussian ships.* At the commencement of the war of 1778, the public opinion had become still more enlightened and animated on the subject of neutral rights. The maritime success of Great Britain in the war of 1756, had alarmed, and the abuses of her power had
to

sharpened the feelings of every commercial nation. Champions had started up all over Europe, maintaining with great learning and strong reasoning, the freedom of the seas, and the rights
*

The instrument containing

II.

this stipulation

bears date January 16, 1756.

It

may be
VOL.

seen in Jenkinson's collection of treaties.

20

306
of the neutral

WORKS OF MADISON.
flag.

1806.

The

principle that free ships

make

free

goods, more especially employed a variety of very able pens; and had made a rapid progress. Other principles, the offspring or auxiliaries of this, and equally adverse to the maritime claims of Great Britain, were also gaining partizans. In a word, that state of fermentation in the public mind was prepared, which being nourished by the example and the policy of France, enabled Russia, in concert with France, to unite and

arm all the maritime nations of Europe, against the principles maintained by Great Britain. To these discouraging circumstances in the situation of Great Britain, it must be added, that
the cause in which she was fighting against her colonies, who had separated from her. was unpopular; that their coalition with her enemies, weakening her and strengthening them, had a double effect in depressing her; and that it happened, as was to be foreseen, that the fleets and cruisers brought against her, and the distress to which her own West Indies were reduced

by her

inability to supply their wants,

made

it

questionable,

whether she might not lose, rather than gain, by renewing the Early in that war, principle which she had formerly asserted. Mr. Burke, in the House of Commons, exclaimed, "we are masters of the sea, no farther than it pleases the house of Bourbon
to permit."

The effect of this state of things, in tempering the policy and pretensions of Great Britain during the war of 1778, is attested by a series of her public acts too tedious to be here inserted,
but which

But
of the

to

may be seen in Hennings' collection. whatever causes, the relinquishment by Great Britain
principle,
is

new

to be ascribed, the fact of the relinquish-

ment remains the same; and that it did not proceed from any declaration made by France, that she had permanently abolished
her colonial monopoly,
considerations.
is

fully

demonstrated by the following

that such a declaration, or such an abolition by however France, satisfactory the evidence of it might be to the British Cabinet, could have no legal effect on the decisions of
first is,

The

1806.

EXAMINATION,

ETC., ETC.

307

a Court, without some notification or instruction which

is not pretended; and which is sufficiently contradicted, by the guarded terms used by Sir William Scott in speaking of the declaration.

And

that the then judge of the court, Sir

James Mariott, was

not in fact influenced in his decisions, either by the declaration of France itself, or by any instruction of his own government

founded on such a declaration, is put beyond the possibility of doubt, not only by the want of reference thereto in the decisions,

but by an acknowledgment made by Sir William Scott, in

Emanuel in 1799, (1 Rob., p. 253;) the case of a neutral vessel carrying from one Spanish port to another, salt owned by the king of Spain, then at war with Great Britain.
the case of the
"

With respect to authorities (says he) it has been much urged, that in three cases, this ivar, the Court of Admiralty has decreed payment of freight to vessels so employed: and I believe that
such cases did pass, under an intimation of the opinion of the very learned person who preceded me, in which the parties acquiesced, without resorting to the authority of a higher tribunal."
If the decisions of Sir

James Mariott

in the

war of 1778,

had law

been guided by the declaration of France, and not by the of nations, it is evident, as that declaration was inapplica-

ble to the

war of 1793, and had even been

falsified

on the

re-

turn of peace in 1783, as stated by Sir William Scott himself, that the opinion intimated by Sir James Mariott with respect to cases, Spanish too, and not French cases, in the beginning of

war of 1793, could have no other basis than the principle, that according to the law of nations taken by itself, the trade of neutrals on belligerent coasts was a rightful trade.
the

Secondly. Were it admitted that a declaration by France had been so made and communicated, as to become a rule binding on the admiralty court, it is clear that the rule must have been restricted to cases of trade with the French colonies, and could have no effect on those of a trade with Spanish or Dutch colonies, whose governments had made no such declaration as is attributed to France: yet it is not pretended, nor is it known, that any distinction was made by the British courts, between

308

WORKS OF MADISON.

1806.

The principle in question seems to have been equally renounced in all.* Thirdly. The alleged change in the system of France was rethe former and latter cases.
stricted to her colonies.
It is not pretended that any permanent change was either made, or declared in the system of her But the decisions of the British court above coasting trade.

The principle then must have been drawn, not from the alleged change of France, but from the law of nations: and if the law of nations
cited, relate principally to the coasting -trade.

authorized in the judgment of the court, a coasting trade shut

and opened in war, it must have authorized, in the same judgment, the colonial and any other trade shut in peace and opened in war. It is an inevitable conclusion, therefore, not only that the trade of neutrals to belligerent coasts and colonies, was sancin peace

that the sanction

tioned by the British courts, throughout the war of 1778, but was derived from the law of nations; and, that the new principle, condemning such a trade, consequently,

was not merely suspended under the

consideration which

influence of a particular ceased with that war, but was, in pursu-

ance of the true principle of the law of nations, judicially abandoned and renounced.

Passing on to the war of 1793, it appears, however, that the policy of the British government, yielding to the temptations of the crisis, relapsed into the spirit and principle of her conduct towards neutral commerce, which had been introduced, in the

war of 1756. The French

revolution which began to unfold itself in 1789, had spread alarm through the monarchies and hierarchies of Europe. Forgetting former animosities, and rival interests, all
* Hennings, a Danish writer, alluding to the period of the war of 1778, says, " But although in respect to the neutral trade to the colonies in America, since France has permitted it to all nations, nothing has been expressly conceded by Great Britain. Yet the courts of admiralty have released all prizes which had

been brought in, as coming from the French or Dutch possessions in America; and the commerce of neutrals with the colonies, has been generally permitted. This permission, therefore, may be considered as a settled point." Treatise on
Neutrality, p. 58.

1806.

EXAMINATION,

ETC., ETC.

309

the great powers on the continent were united, either in arras or in enmity, against its principles and its examples: some of them, doubtless were stimulated, also, by hopes of acquisition

and aggrandizement. It was not long before the British government began to calculate the influence of such a revolution, on her own political institutions; as well as the advantages to which the disposition of Europe, and the difficult situation of her ancient rival and enemy might be turned. War was, indeed, first declared by the French government; but the British government was, certainly, the first that wished it, and never perhaps entered into a war against France, with greater eagerness, or more sanguine hopes. With all Europe on her side, against an enemy in the pangs of a revolution, no measure seemed too bold to be tried; no success, too great to be expected. One of her earliest measures was accordingly that of interdicting all neutral supplies of provisions to France, with a view
produce submission by famine.* project, however, had little other efiect, than to disgust those most interested in neutral commerce, and least hostile to France. This was particularly the case with the United States,
to

The

who

did not

fail

to

make

the most strenuous remonstrances

against so extraordinary a proceeding. The correspondence of their Secretary of State with the British plenipotentiary, (Mr.

Hammond,) and of Mr. Pinckney the American plenipotentiary with Lord Grenville, the British Secretary of State, are proofs of the energy with which the innovation was combated, and of The the feebleness and fallacy with which it was defended. a of Vattel. loose expression defence was rested on Bynkershoeck, who had not altogether got rid of the ideas of the former century, and by whom Vattel probably was misled, could
have furnished a still stronger authority.t The next experiment of depredation on neutral commerce was directed, notwithstanding the former abandonment of the prininto the early ciple, and the continuance of the abandonment
*
t

See instructions of June 8, 1793. Frumentum scilicet etiam non hostis, ad hostem recte advchit, excepta obLib.
I,

sidionis/amis-fe causa.

Cap.

9.

310
cases of the

WORKS OF MADISON.

1806.

war* of 1793, against that carried on with the posof France in the West Indies. This experiment too sessions
with peculiar weight on the United States. For some time the irregularities went on, without any known instructions from the government reviving the abandoned principle; but without
fell

the licentious excesses which followed.

however, as November 6, 1793, instructions were which struck generally at the neutral commerce with the French West Indies. That of the United States was the The havoc was the greater, because the inprincipal victim.
early,

As

issued,

structions being carried into operation before they were proinulged, took the commerce by surprize.

the

This instruction of November 6th, 1793, was addressed to commanders of ships of war, and to privateers having letters of Marque against France, in the following terms: "That they shall stop and detain all ships laden with goods

the produce of any colony belonging to France, or carrying provisions or other supplies for the use of any such colony, and
The Charlotte, Coffin, an American vessel, taken on a voyage from Cayenne Bourdeaux, October, 1793, and reserved with a class of like cases, prior to the instructions of November, 1793, was tried and decided by the Lords of appeal
f

to

On the side of the claimants it was argued, that considering the changeground on which the principle, condemning a trade in war not permitted in peace, was first established in 1756, and the apparent abandonment of it during the
in 1803.
able

war of

1778, neutral merchants were entitled to the benefit of a justifiable ignorance, until the instructions of November, 1793, had conveyed an admonition to them: on the other side it was contended that the principle was sufficiently ob-

vious as a principle of public law, without any instructions, and that neutrals had no right to presume that relaxations confined to circumstances of the war of 1778 [on which subject by the way it was impossible they could have any knowledge] would be continued. The court concurring in this view of the case, pronounced the ship and cargo with the others in the like situation, subject to condemnation. 4 Rob., Appendix, p. 12. As the state of appearances had misled the " very learned person " who preceded Sir William Scott, into an opinion that the neutral trade, though not permitted in peace, was lawful in war, it was surely rather a hard sentence that refused to unlearned traders a plea of ignorance, of which so very learned an expositor of the law is obliged to avail himself. Besides, if " the principle was sufficiently obvious," why were the cases depending on it reserved, and above all, why were the parties kept in uncertainty and expense for ten years, and till the war was over? These are questions which it is more

easy to ask than to answer.

1806.

EXAMINATION,

ETC., ETC.

shall bring the

same with their cargoes to legal adjudication in our courts of admiralty." In some respects this instruction went farther than the new
it fell

principle asserted by Great Britain; in others that principle.

It

short of

exceeded the principle in making the produce of a French colony, although owned by neutrals, and going from a neutral port where it might have been regularly naturalized, the criterion of the trade.

The principle would have extended only to produce exported immediately from the colony, in a trade not permitted in time of peace.

Again, the principle was not applicable to an immediate trade from certain ports* and places in the colonies, authorized by

permanent regulations antecedent to the war. The instruction extends to any colony, and consequently violates a trade where it was permitted and customary before the war. On the other hand it falls short of the principle, in as much
spares articles directly exported from, though not the produce of, the colonies 2, as it does not affect the coasting
1,

as

it

in time of war,

trade of France, and other branches of French trade, laid open on account of the war.

these mitigations, however, the instruction had a sweep* ing operation on the neutral commerce with the French colonies, carried on chiefly from the United States.

With

The resentment produced by

it,

and which was doubled by

the ensnaring concealment of the instruction, appeared not only in the outcry of the suffering merchants, but in the discussions

and proceedings of the government. Important restrictions on the commerce of Great Britain were agreed to by one branch of the Congress, and negatived by a single vote in the other. A sequestration of British funds and effects in the United States was proposed and strongly supported. And an embargo withholding supplies essential to the subsistence of the British West Indies, actually passed into a law, and remained in force for some time. These measures, at length, gave way to the mission
*

See the French free port act of 1784, in force in 1793.

312

WORKS OF MADISON.

1806.

of a plenipotentiary extraordinary to the British court, which terminated in the treaty of 1794.
British government, in the mean time, aware of the powerful tendency of such depredations, to drive the United States

The

into a commercial, if no other warfare, against her, prudently retreated from the ground taken by this instruction, as early as

the 8th of January, 1794, when she revoked the instruction to her cruisers, of November 6th, 1793, and substituted the following: "1.
sels

That they shall bring in for lawful adjudication all veswith their cargoes, that are loaded with goods the produce of the French West India Islands, and coming directly from any
all ships

port of the said islands to any port in Europe" "2. That they shall bring in for lawful adjudication,

with their cargoes, that are loaded with goods the produce of the said islands, the property of which goods shall belong to subjects of France, to whatsoever ports the same may be bound."
"

3d.

That they

shall seize all ships that shall be found at-

tempting to enter any port of the said islands that is, or shall be, blockaded by the arms of his majesty or his allies, and shall
send them in with their cargoes for adjudication, according to the terms of the 2d article of the former instructions, bearing
date the 8th day of June, 1793."
4th. That they shall seize all vessels laden wholly or in part with naval or military stores, bound to any port of the said islands, and shall send them into some convenient port belonging to his majesty, in order that they, together with their cargoes, may be proceeded against according to the rules of the
"

law of nations."

As

the three last articles cannot be regarded as any relaxa-

tion or re-modification of the instructions of

November, 1793,

since they relate only to principles well known to have been long enforced by Great Britain, as a part of the law of nations, it is not easy to discern the motive to them. The only eifect

of the articles, as an enumeration and definition of belligerent rights, in certain branches of trade, seems to be, to beget per-

1806.

EXAMINATION,

ETC., ETC.

313

plexing questions with respect to these rights, in the branches of trade preterinitted.

The material

article is the first.

It varies the preceding in7'

structions in three respects: 1st, in substituting "the French West India islands" for "any colony of France; of which there

are some not

islands,

limiting the seizure, port of the said islands: 3d, in the very important limitation of the seizure, to vessels bound from those islands to any port
in Europe. By these limitations
it

and others not West India islands: 2d, in to produce "coming directly" from any

direct trade from the

French West Indies

was, apparently, intended to take the to the United States,

out of the operation of the order of 1793: and, probably also, the trade from the United States to the West Indies; leaving
the trade to Europe, from the French West Indies, a prey to Whether it was also meant, as seems to be British cruisers.
implied, that the neutral trade from Europe to the French West Indies was to be undisturbed, is a distinct question. This question was actually raised under the ambiguity of the instruction,

and decided, not without some marks of self distrust, by Sir Win. Scott, in the case of a trade from France herself to a
change in the instructions of the British Government given, by the Reporter of Sir Wm. Scott's decisions, in the following passage extracted from the appendix
this
is

West India colony.* The explanation of

The relaxations that have since [the instructo 4 Rob., p. 4: tions of November 6, 1793] been adopted, have originated chiefly
in the change that has taken place in the trade of that part of the world, since the establishment of an independent Govern-

"

ment on the continent of America. In consequence of that event, American vessels had been admitted to trade in some articles, and on certain conditions, with the colonies both of Such a permission had become a this country and of France.
part of the general commercial arrangements, as the ordinary The commerce of Amerstate of their trade in time of peace.
*

Immanuel,

2 Rob., 156.

314
ica

WORKS OF MADISON.

1806.

was therefore abridged by the foregoing instructions, and debarred of the right generally ascribed to neutral trade in time of war, that it may be continued, with particular exceptions, on the basis of its ordinary establishment. In consequence of representations

made by

the

new

instructions to our cruizers

apparently designed to
their

American Government, to this effect, were issued, 8th January, 1794, exempt American ships trading between
this

own country and

the colonies of France."

One remark suggested by

explanation

is,

that if

it

be a

just defence of the orders of January, 1794, it is a severe imputation on those of November, 1793; for the sole reason which
is stated, as requiring this revocation of the orders of 1793, was in existence at the date of those rigorous orders; and ought,

have prevented them. Yet they were not only not but were permitted to have a secret and extensive prevented, on the American commerce. Nor does it appear, that operation
therefore, to

any of the decisions on the captures made within that period, conformably to the instructions, but contrary, as is here admitted, to the law of nations, which, on the British principle, authorized the American commerce, at least as far as it had been actually enjoyed with the French, in time of peace, the court ever undertook to modify the instructions; as is alledged to have been done, in the war of 1778, in consequence of the professions of France that she had opened her colonial ports, generally, to
in

the permanent trade of other nations. The explanation calls for two other remarks.

The

first is,

that the instruction goes beyond the reason assigned for it. The reason assigned is, that the trade between the United States

and the French islands had, by the permission of France, become

"

far as this

the ordinary state of their trade in time of peace." Now so was the fact, the trade is expressly and truly stated,
"

in the explanation itself, to have been limited to some articles," and "on certain conditions." But the instruction is admitted to

have been designed to exempt, without any such limitations, American ships trading between their own country and the colonies of France.

The second remark

is,

that

it is

not a

fact, that the repre-

1806.

EXAMINATION,

ETC., ETC.
to
tJie

315
effect

sentations of the

American Government were made

here stated; namely, that the instructions of 1793 debarred them of the right of trading with the French colonies in time of war,
in time of peace.

according to the ordinary state of the trade permitted to them The representations of the American Govern-

ment recognized no such principle, nor included any such complaint; as is proved by official documents* on the subject. A third remark might be added. If the ordinary permissions of France to trade with her colonies, was a good reason for exempting the trade of the United States from the orders of November, 1793, the exemption ought to have been co-extensive with the permissions; and, consequently, to have embraced the neutrals of Europe, who enjoyed the same permissions as the
United States; instead of being restricted to the latter. One is really at a loss, which most to admire, the hasty and careless facility with which orders proceed from the Government of a great and an enlightened nation, laying prostrate the

commerce and rights of

its friends; or the defective and preposterous explanations given of such orders, by those who undertake to vindicate or apologize for them. But whatever may have been the origin, or the intention of

the second orders of 1794, revoking the restraints imposed by those of 1793, on the United States; whilst they suffered those
restraints to continue, in great part at least, on other nations;

Among the printed documents of that period is a letter of January 9, 1794, from Mr. T. Pinckney, the American Minister at London, to Mr. Jefferson, then Secretary of State, in which, alluding to an interview with Lord Grenville, he " I reminded him that our ideas differed materially from theirs on this subsays, ject; and without repeating the arguments I had before addressed to him, both verbally and in writing, in support of our position, it was only necessary to say, that we did not admit the right of the belligerent Powers to interfere further in the commerce between neutral nations and their adversaries, than to prevent their carrying to them articles, which, by common usage, were established as contraband, and any articles to a place fairly blockaded; that consequently the two first articles, though founded upon their principles, of not suffering, in war, o traffic which was not admitted by the same nations in time of peace, and of taking their enemy's property when found on board of neutral vessels, were nevertheless contrary to what we contended to be the just principles of the modern law of
nations."

316

WORKS OF MADISON.
resulted,

1806.

two consequences

which seem not to have been taken

sufficiently into foresight. One of them was, that the nations of Europe, excluded from the trade not forbidden to the United States, were not a little

soured by the distinction; and which, very possibly, may have contributed to the revival of the sympathies which brought about the armed neutrality of 1800.

The other was, the vast growth of the carrying trade of the United States, which supplied all parts of Europe, with the produce of the West Indies, and without affording to Great Britain any of the profits of an entrepot.

The developement of these consequences could not fail to awaken the attention of the British Government, and is the best key to the instruction which was issued January 25, 1798; and which was extended to the possessions of Spain and Holland,
then united with France against Great Britain. It revoked the instructions of January, 1794, reciting as the " the consideration which rendered the alteration expedient,
present state of the commerce of Great Britain, as well as that of neutral countries;" and in lieu thereof, the following was
issued: "
sels

That they should bring

in for lawful adjudication, all ves-

with their cargoes, that are laden with goods, the produce of any island or settlement belonging to France, Spain, or the United Provinces, and coming directly from any port of the

said islands or settlements, to any port in Europe, not being a port of this kingdom, nor a port of that country, to which such

The residue of the artiships, being neutral ships, shall belong." cles merely extend to the islands and settlements of France,
Spain, and Holland, the three last articles in the instructions of January, 1794.

The

effect of this

new change

in the instructions was, to sanc-

tion a direct trade from all the

those in the West Indies,

French islands, as well as from and also from the French settlements

which were not islands, with a like sanction, to a like trade, from the islands and settlements of the other enemies of Great
Britain; to extend to neutrals in Europe, the enjoyment of this

1806.

EXAMINATION,

ETC., ETC.

317

trade, with a refusal to the American States, of the direct trade, from those islands and settlements to such European neutrals;

and

finally, to

permit to these States, as well as to the neutrals

settle-

of Europe, a direct trade from the hostile islands and ments to Great Britain herself.

his

the reporter, Dr. Robinson, in " appendix to the 4th vol., p. 4 5, is, that In consequence of the relaxation [in 1794] of the general principle in favor of American vessels; a similar liberty of resorting to the colonial

The explanation attempted by

market, for the supply of their own consumption, was conceded to the neutral States of Europe, a concession rendered more reasonable by the events of war, which, by annihilating the trade of France, Spain, and Holland, had entirely deprived the
States of Europe of the opportunity of supplying themselves with the articles of colonial produce in those markets."
to the permission to all neutrals to convey the enemies' the of colonies, directly to British ports, he is produce
silent.

With regard

a summary, however, of the discussions which had taken cases before the Lords of Appeal, as it is given in the on place appendix to 4 Rob., p. 6, an explanation of this part of the regulation, might be easily collected, if it were not otherwise suffor so construing ficiently obvious. Among the arguments used in trading a vessel to Danish as the last order of 1798, justify the vesneutral to which a from a Spanish colony, to country,
sel

From

did not belong; it is observed, that, originally, the pretension to exclude all neutrals, was uniformly applied on the part of the belligerent; by which the effect of reducing such settle-

"

became a probable issue of the war; merchants now, since the relaxations have conceded to neutral thither cargoes of innoxious articles, and of the
ments for want of
supplies,

carrying liberty also of withdrawing the produce of the colony, for the purpose of carrying it to their own ports; now, to restrict them from the ports of other neutral carrying such cargoes directly to

becomes a rule apparently capricious in its operation, and one, of which the policy is not evident. From the northern nations of Europe, no apprehensions are to be entertained
States,

318

WORKS OF MADISON.

1806.

of a competition injurious to the commercial interests of our own To exclude them from this mode of traffic [that is of country.
trafficking directly from such colonies to other neutral countries] in the produce of the enemy's colonies, is to throw a far-

advantage into the hands of American merchants, who can, with greater ease, import it first into their own country, and " " send it on to the neutral nations of then, by re-exportation,
ther

Europe.

No other key is wanted to let us into the real policy of the orders of 1798; which placed the neutral nations of Europe, and the United States on the same footing, by extending the rights
ter.

of the former, and thereby abridging the advantages of the lat" This change of the actual state of the commerce of this
" country (G. B.) as well as that of neutral countries was expe-

dient for two purposes: It conciliated the Northern nations, then perhaps listening to a revival of the armed neutrality, and from whom "no apprehensions were to be entertained of an in-

jurious competition with the commercial interests of Great Britain; and at the same time, it so far took the advantages of re-exportation out of the hands of the American merchants, from whom such a competition, probably was apprehended.

But a mere adjustment of the balance between neutrals

in

their advantageous trade with the enemy colonies, did not answer all the purposes which were to be consulted. It gave

Great Britain

herself,

no share of the forbidden

fruit.

She took

at once, therefore, the determination, whilst she would permit none of the neutral merchants of any country to carry on this colonial trade of her enemies with another neutral country, to

authorize them

all to carry it on with herself; disguising, as well as she could, the policy of making herself the centre and thoroughfare of so extensive a branch of profit, under the gen" the state of commerce both Briteral expediency of changing

ish

and neutral

"

as

it

had resulted from her regulations of 1794;

and avoiding, as much as she could, to present to notice, the palpable inconsistency of making herself a party to a trade with her colonial enemies, at the very moment when she was exerting a belligerent pretension, having no other basis, than the

1806.

EXAMINATION,

ETC., ETC.
all

319
trade whatever

probable reduction of them, by suppressing with them.

This subject
sued.

is too important not to be a little further purUnpleasant as the task is, to trace into consequences, so selfish and so abounding in contradictions, the use made by Great Britain of the principle assumed by her, the developement is due to truth and to the occasion. It will have the important effect, at the same time, of throwing further light on the checkered scene exhibited by the admiralty jurisprudence of Great Britain. It must be added then, that the commercial policy for which

she employs her new belligerent principle, is the more apparent from two subsidiary pretensions, as new, as they are at variance with the maritime rights of neutral nations.
object of drawing through her own warehouses counting-houses, the colonial trade of her enemies, on its

The

and

way

from the West Indies to the other countries of Europe, being counteracted by the extensive intercourse between the United States and those colonies, and by the re-exportation from the United States, of the imported surplus of colonial produce, the
project was adopted, of forcing this trade directly from the West Indies to, and through Great Britain; 1st, by checking the West India importations into the United States, and thereby lessening the surplus for re-exportation; 2d, by embarrassing the re-exportation from the United States; both considerations

seconded, no doubt, by the avidity of her cruizers and by the

in

public interest, supposed to be incorporated with their success making prizes; and the first consideration, seconded also, per-

haps, by a desire to give an indirect check to the exportation of contraband of war from the United States.

In order to check importations, the principle is advanced, that the outward and the return voyage are to be regarded, as forming but a single voyage; and consequently, if a vessel is found with an innocent cargo on board, but on her return from a hostile port, her outward cargo to which, was as contraband of

war

subject to capture, the vessel is thereby rendered liable to capture, and the chance for capture, by that means, doubled.

320

WORKS OF MADISON.
this principle is of

1806.

That

modern

date, can

be shewn by more

than negative evidence; and from a source highly respectable. When Sir L. Jenkins was judge of the high court of admiralty,
in the latter period of the 17th century, it was the practice, sometimes for the king, at others for the commissioners of ap-

peal, to call for his official opinions in writing, on cases depending in other courts, or diplomatically represented to the gov-

ernment.

These rescripts are valuable, not only as one of the and scattered scanty materials composing the printed stock of admiralty precedents in Great Britain; but as the testimony of a man, who appears to have been not undeservedly regarded as an oracle in his department of law; and to have delivered his opinions with a candor and rectitude, the more meritorious as he served a sovereign who gave little encouragement to these virtues, and as he was himself of a temper and principles sufficiently courtly. The case of a

Swedish vessel, which had conveyed enemy's been seized on her return, with neutral goods, goods, having was represented to the government by the Swedish Resident; and by the Government referred to Sir L. Jenkins, the judge
of the high court of admiralty. His report is so interesting in another respect, as well as that for which it was required, that
it shall

be given in his own words: I am (in obedience to his Majesty's most gracious pleasure) to answer unto, being a matter of fact, I

"The question which

thought it my duty not to rely wholly on my own memory or observation, but further to inquire of Sir Robert Wiseman, his majesty's advocate general; Sir William Turner, his royal highness, the lord

high admiral's advocate; Mr. Alexander Check,

his majesty's proctor; Mr. Roger How, principal actuary and register in the high court of admiralty in England; whether they, or any of them, had observed, or could call to mind, that in

the late

war against

the Dutch, any one ship, otherwise free, (as

belonging to some of his majesty's allies,) having carried goods belonging to his majesty's enemies, from one enemies port to another, and being seized (after it had discharged the said goods)
laden with the proceed of
tJiat

freight which

it

had carried and

1806.

EXAMINATION,

ETC., ETC.

32J

enemy upon the account of the ship's owners, had been adjudged prize to his majesty; they all unanimously resolved that they had not observed, n^ could call to mind that
any such judgment or condemnation ever passed in the said court; and to this their testimony I must (as far as my experience reaches) concur: and if my opinion be (as it seems to be) required, I do not (with submission to better judgment) know any thing, either in the statutes of this realm, or in his majesty's declarations upon occasion of the late war, nor yet in the laws and customs of the seas, that can (supposing the property of the said proceed to be bonafide vested in the ship owners
his majesty's allies) give sufficient ground for a condemnation in this case. And the said advocates (upon the debate I had

received of the

with them) did declare themselves positively of the same opinion. Written with my hand this 6th day of February, 1667."*
Sir L. Jenkins' works, 2 vol., p. 741. Here the point is clearly established, that a vessel found with

a lawful cargo, on a return voyage, cannot be affected by the unlawfulness of the cargo immediately preceding it; and, conse* The works of Jenkins have become so scarce, that it were to be wished that the parts at least, which contain his admiralty opinions and decisions, were republished. Considering the luminous character, and the official weight belong-

ing to them, it might have been expected that this would long ago have been done; as well as that his authority would have been more frequently consulted in admiralty proceedings. Perhaps one cause of the neglect may lie in the difference which would be exhibited between his testimony of the law of nations, and the expositions of modern date, on some other points beside that in the text. For example, in defining contraband, he limits it to things " directly or immediately" subservient to the uses of war; and expressly decides "pitch and tar"

not to be contraband.
in this particular?

required by a neutral flag, to confiscation; the contrary being admitted by Sir William Scott, who remarks that this was a point, though not the only point of British differ-

By what authority has the law of nations been changed Certainly, not by an unanimous consent of nations, as was Great Britain to change the law subjecting enemy's property under

ence from the tenets of Sweden. 4 Eob., 201. With respect to tar and pitch, it cannot even be pretended, that any change in the uses of these articles, since that date, can have changed the reason of the rale, as it existed in the time of
Jenkins; or that the change was merely an adaptation of the same general prinsame relation to ciple to particular circumstances: for tar and pitch had the ships, and ships the same relation to war, then as they have now.

VOL.

II.

21

322

WORKS OF MADISON.

1806.

quentlj, that an outward and return voyage, cannot be considered as but one voyage, or the character of one as transfused
into the other.
It is true that, in this case, the cargo in question was not contraband of war, but enemy's property. But there is no room

for a distinction in the principle applicable to the two cases. If the two voyages in fact make one and the same voyage in

law, an outward cargo of enemy's property must authorise capture in the returned voyage as much as an outward cargo of

contraband would authorise

it.

If the

two voyages do not

make one and

can no more

the same; the contraband of war, in one voyage, affect another voyage, than enemy's property, in

one voyage, can affect another voyage, It will not have escaped attention that, in the case stated in the report of Jenkins, the voyage in which enemy's property had been carried, and which it was imagined might thence have
vitiated the return voyage, was a coasting voyage from one enemy's port to another. Yet so immaterial was that circumstance, at that time, that it

appears not even to have been taken

into his consideration, much less to have influenced his opinion. Had it been otherwise, it would indeed have made his decision so much the stronger against the amalgamation of two voyages,

on account of the unlawfulness of one of them: for on that supposition the first of the two voyages would have been doubly unlawful, as engaged both in carrying enemy's property, and in carrying it from one enemy's port to another. But this particular principle is not only of modern date, but
of very recent date indeed. Its history, like that of many other belligerent innovations by Great Britain, is not unworthy of
attention.

In December, 1798, in the case of the Frederick Molke, a Danish vessel that had got into Havre, then deemed in a state of blockade, and was taken on her way out, August 18th, 1798, it was urged to be like the case of a return voyage, where the cargo of the outward voyage had been contraband. Sir Wil" liam Scott admitted that, in the latter case, the penalty does not attach on the returned voyage," but denied the affinity be-

1806.

EXAMINATION,
is this

ETC., ETC.

323

tween the cases: "there

essential difference," said he,

"that in contraband the offence

is deposited with the cargo, whilst in such a case as this, it is continued and renewed in the subsequent conduct of the ship;"* the act of egress being, ac-

cording to hirii, as culpable as the act of ingress. In August, 1799, in the case of the Margaretha Magdalena; a vessel returning to Copenhagen from Batavia, her outward cargo having consisted of contraband goods, was seized at St. Helena, September, 1798.

On

the ground, however, that the

ship and cargo were neutral, and that the outward shipment from Copenhagen was contingent and not absolutely for Batavia, but sent under the management of the master to invest the proceeds in the produce *of Batavia, restitution was decreed by Sir William Scott, notwithstanding the fact that the contraband "articles were actually sold at Batavia" with a remark only, that there was great reason to bring this case to adjudication,

On this occasion the judge as a case very proper for enquiry. made the following observations: "It is certainly an alarmingcircumstance in this case, that although the outward cargo appears to have consisted of contraband goods, yet the principal

owner appears publicly at Copenhagen, and makes oath, "that there were no prohibited goods on board, destined to the ports
of any party now at war." The master himself describes the cargo that he carried out as naval stores, and in looking into
sold.

the invoice I find that they are there represented as goods to be That being so, I must hold that it was a most noxious

exportation, and an act of very hostile character, to send out articles of this description to the enemy, in direct violation of

public treaties, and of the duty which the owners owe to their own government. I should consider it as an act that would
affect

the neutral in

some degree on

this returned voyage, for

although a ship on her return is not liable to confiscation for having carried a cargo of contraband on her outward voyage, yet it would be a little too much to say, that all impression is done away; because if it appears that the owner had sent such
1

Rob., p. 72.

324

WORKS OF MADISON.

1806.

a cargo, under a certificate obtained on a false oath, that there

was no contraband on board, it could not but affect his credit at least, and induce the court to look very scrupulously into all the actions and representations of such a person."* That the judge was beginning to be a little unquiet under the
rule imposed on himself, not to consider a ship on her return voyage as liable to confiscation for having carried a cargo of

contraband on her outward voyage,

is
still

is sufficiently visible.

He
It

The

found, nevertheless, case of the Immanuel succeeded

the case of a

submitting to the restriction.

November

7th, 1799.

is Hamburg ship, taken 14th August, 1799, on a voyage from Hamburg to St. Domingo, having in her voyage touched at Bourdeaux, where she sold part of her cargo, and took a quantity of other articles for St. Domingo. The question was started, whether the stores which had been discharged

at Bordeaux, though originally destined for St. Domingo, were contraband or not. The inference of the judge was, that they

were not of a contraband nature, at least that they were left ambiguous, and without any particular means remaining of affording a certainty upon the matter. "If so," said he, "it is useless to imagine what the effect of contraband, in such circumstances, would have been. I shall say no more, than that / incline to
think that the discharge of the goods at Bordeaux would have extinguished their powers of infection. It would be an exten-

sion of this rule of infection, not justified by any former application of it, to say, that after the contraband was actually with-

drawn, a mortal taint stuck to the goods, with which it had once travelled, and rendere^ them liable to confiscation, even

was out of its reach ."t This was not indeed a return voyage, but one link of an outward voyage. The reason, however, given why contraband, after being discharged, could not leave a confiscating taint on
after the contraband itself

the expedition, namely, because itself was out of the reach of confiscation, is precisely common to the two cases; yet it would seem that the judge is becoming not a little languid in main'

2 Rob., p. 116, 117.

2 Rob., p. 164.

1806.

EXAMINATION,
"

ETC., ETC.

325

taining the opinion, that the offence of contraband is deposited with the cargo." He now "inclines to think that such would

be the

effecj."

5, 1800, the case of the Rosalie and Betsey, was that of a ship taken May 31, 1799, on a voyage from the Isle of France, asserted to be to Hamburg. It was made a question

February

of property, turning on a question of fraud; the fraud in the returned voyage was held to be reinforced by the fraud in the outward voyage; and that fraud is stated by Sir William Scott,

"as more noxious on account of the contraband nature of several

of the articles of the outward cargo."

Here contraband in an outward voyage was, in spite of the maxim that its offence was deposited with the cargo, allowed to
have an influence on the character of the returned voyage. Still it was but an indirect and partial influence. It was held to be an aggravation only of the fraud, the fraud being the git of the
offence.

In 1800, June 24, occurs the case of the Nancy, Knudson master, a ship taken on a voyage to Copenhagen from Batavia,
whither she had carried contraband of war.
to

The cargo appears

have been condemned, on the ground of fraud in the papers and destination, combined with the contraband quality of the outward cargo. The complexion and weight, however, which the last ingredient had assumed in the mind of the judge, are
seen in the following extract from the judgment pronounced

by

him:

"But it is said, this is a past transaction, and that in cases of contraband, the returned voyage has not usually been deemed connected with the outward. In European voyages of no great
extent,

where the master goes out on one adventure, and

re-

ceives at his delivering ports, new instructions and further orders, in consequence of advice obtained of the state of the markets,

and other contingent circumstances, tJiat rule has prevailed; but I do not think, in distant voyages to the East Indies, conducted in the manner this has been, the same rule is fit to be In such a transaction, the different parts are not to applied.
be considered as two voyages, but as one
entire transaction,

326

WORKS OF MADISON.

1806.

formed upon one original plan, conducted by the same persons, and under one set of instructions, ab ovo usque ad mala."* This condemnation of the cargo was confirmed by the lords of appeal, and the indulgence even allowed with respect to the ship,

by the high court of admiralty, reversed by that superior

nal.

tribu-

The

existence of contraband in an outward voyage, not only

figures more considerably in this, than in any preceding case; but the judge gets hold of a new implement of judicial warfare

on neutral commerce.

In aid of presumptive fraud, of the

al-

leged continuity of fraud from the outward into the returned voyage, and of the aggravation given to fraud by the ingredient of contraband in the outward voyage; in aid of all these, the
distance of the voyage, makes for the first time, its appearance. In the case of the Margaretha Magdelena, the voyage, like this,

was a voyage

to Batavia.

In the case of the Rosalie and Bet-

In neither sey, the voyage was also into the East Indian seas. of these cases, the slightest allusion is made to that criterion
of right and wrong. The discovery then may fairly be dated with the case of the Nancy, of no older date than June, 1800. But mark the reason, why distant voyages to the East Indies

are distinguished from European voyages of no great extent. " It is, because in the latter the master receives at his deliver-

ing ports, new instructions and further orders, in consequence of advice obtained of the state of the markets, and other contingent circumstances;" whereas, in distant voyages to the East Indies, conducted in the manner this has been, the two voyages

are to be considered as one entire transaction, formed upon one

original plan, conducted set of instructions.

by the same persons, and under one

If the reason here given for the distinction between distant voyages and voyages of no great extent, be a good one, it is not

easy to see the reason for requiring, in addition to the distance of the voyage to the East Indies, that it should be conducted
in the

manner of

this particular
*

voyage; unless indeed

it

be, as

3 Rob.,

1056.

1806.

EXAMINATION,

ETC., ETC.

327

is too much room to remark in the decisions of the Judge, with a view to rest every case, as much as possible, on its own particular circumstances; and thereby avoid the judicial fetters formed by a chain of definite precedents.

there

Certain

it is,

to be taken as one,

that if the outward and returned voyages are where the distance of them is such, that new

orders cannot be given, in consequence of new advices from the foreign ports of delivery, as may be done in voyages of no great
extent; but that the whole business must be executed under

one original set of instructions; every voyage to the East Indies, in whatever manner conducted, must fall within the rule which determines the outward and returned voyage to be but
one voyage; in other words, that in that extensive branch of neutral commerce, the outward and returned voyage, making but one, contraband in the outward cargo, though deposited at
is to have the same effect on the returned would have had on the outward voyage, if actually intercepted on the outward voyage. Nay more; the rule must be applicable to every European voyage, of great extent; an extent so great as to require that the sale of the outward cargo at the ports of delivery, and the purchase of a return cargo, should be provided for, in the same its

place of destination,
it

voyage, as

original instructions. In no view can the rule be less applicable to distant voyages between Europe and the West Indies, than between Europe and

the East Indies; nor more to European voyages than to American voyages to the West Indies, where these are of so great

extent as to require that the returned voyage should be provided for in the same set of instructions with the outward voyage.

these analogies and inferences entered into the conthe Judge on this occasion, is an enquiry which of templation Nor is it known to the public, whether any be waived. may

Whether

intermediate steps were taken by him, or by the superior tribunal, between that date and the 24th June, 1803, conducting the the instructions of this policy or opinion of the cabinet, towards result to those natural a These form, however, very last date.

WORKS OF MADISON.

1806.

preliminary ideas, as appears by the tenor of the instructions,

which is as follows: "In consideration of the present state of commerce, we are pleased hereby to direct the commanders of our ships of war and privateers, not to seize any neutral vessel which shall be carrying on trade directly between the colonies of enemies and the neutral country to which the vessel belongs, and laden with
the property of inhabitants of such neutral country: Provided, that such neutral vessel shall not be supplying, nor shall have,

on the outward voyage supplied, the enemy with any articles of contraband of war; and shall not be trading with any blockaded
port." In these instructions

we

find the principle formally adopted,

and the returned cargoes of West India produce actually obstructed, on their way to the United States, by the application of the principle, wherever the outward cargo had included contraband.

We find, of course, the West

India trade so far forced

out of the channel to Europe through the United States, into such channels to and through Great Britain, as she may chuse
to prescribe.

This being necessarily and obviously the commercial effect of the instructions, it may fairly be supposed that it corresponds with the intentions of a nation so clear-sighted in whatever afher commerce; and, consequently, that the principle on which this instruction is founded, was assumed as subsidiary to the commercial policy on which was founded the main principle under investigation. Another observation, with respect to this instruction, forces
fects

was a heavy reproach against the instruction was not promulged until it had for some time been ensnaring, and laying waste, the commerce of neutral nations with the West Indies. The instruction of June 24, 1803, first found its way (probably by chance) to pubitself

upon

us.

It

of

November

6th, 1793, that it

lic

notice in the United States, from the obscure island of Torsummer of 1805. It must, then, have been in the of cruisers, ensnaring and destroying the commerce of pockets
tola, in the

this country, as far as that degree of innovation could

have

1806.

EXAMINATION,
effect, for

ETC., ETC.

329
is

that

a period of about two years.

The reproach

heightened, too,

was

by the consideration that the snare, in this case, successful in proportion to the respect observed towards

former instructions, the faith of which was violated by the ex

post facto operation of that in question. reparation of the damage is the least atonement that a just and wise nation can wish to make, for such a trespass on all the maxims of public

morality, as well as of national honor.

The second pretension

subsidiary to the commercial policy of

instructions, clothed with the language of belligerent rights, is that of subjecting to capture, colonial produce, re-exported

from a neutral country to countries to which a direct transportation from the colonies by vessels of the re-exporting country, has been disallowed by British regulations. The effect of this
pretension evidently is, to check neutral nations, particularly the United States, in the circuitous transportation of West India

produce; and in the same proportion, to force the trade into channels terminating in British ports. And the effect is the more particularly in her favor, as the re-exportation of the surplus carried into her ports can be regulated by her own laws, for her own interests; whilst she will not permit the laws of

other countries to regulate the re-exportation of the surplus carried into their respective ports.

That this pretension, also, is as new as it is arbitrary, will be best seen by a review of its rise and progress; which will at the same time, as in the other instance, illustrate the inconstancy
and inconsistency of the maritime proceedings of Great Britain towards other nations. Prior to the war of 1756, no trace of any such pretension is discovered; and it is testified by the authority of Lord Mansas already seen, that a principle was, during that war, neutral vessel, off the judicially settled in opposition to it. neutral island of St. Eustatius, had received on board a part of
field,

her cargo from French boats, from a French colony. "This," says his lordship, "is now a settled point by the lords of appeals, to be the same thing as if they had been landed on the Dutch

330
shore,
is

WORKS OF MADISON.
color for seizure."

1806.

and then put on board afterwards; in which case there

no

Here the rule was solemnly settled by the highest admiralty tribunal in Great Britain, that the trans-shipment, off a neutral port, of colonial goods from an enemy's vessel, protected the
goods from capture, and that where such goods had been landed and reladen, there was not even a color for seizure.
Notwithstanding
it

this

solemn recognition of the neutral right,

was found, as also has been seen, that French produce exported by neutrals from the neutral port of Monte Christi, during the war of 1756, was not protected by the rule. During the war of 1778, the whole claim of disturbing neutral commerce on the ground of its not being open in peace as
well as in war, having been relinquished, the question could not occur until the war of 1793. And what is not to pass unnoticed, the first case in which the point fell under judicial observation, appears to have been that of the Immanuel in November, 1799. During the six preceding years, as may be inferred from what then fell from the judge, no doubt had existed, that an

importation of colonial produce into a neutral country, converted it into the commercial stock of the country, with all the
rights, especially those of exportation, incident to the

produce

or manufactures of the country

itself.

It will be most satisfactory to present the opinion of Sir William Scott on that occasion, in the words of his reporter. "It is argued that the neutral can import the manufactures of France

to his

ony;

own country, and from thence directly to the French colwhy not immediately from France, since the same purpose
It is

is effected?

answered, that

it is effected in

a manner more

consistent with the general rights of neutrals, and less subserIf a Hamburg vient to the special convenience of the enemy.

merchant imports the manufactures of France into his own country (which he will rarely do if he has like manufactures of his own, but which in all cases he has an incontrovertible right to do) and exports them afterwards to the French colony, which he does not in their original French character, but as goods

180G.

EXAMINATION,

ETC., ETC.

331

his

which, by importation had become part of the national stock of own neutral country, they come to that colony with all the

inconvenience of aggravated delay and expence; so if he imports from the colony to Hamburg, and afterwards to France, the commodities of the colony, they come to the mother country

under a proportional disadvantage; in short, the rule presses on the supply at both extremities, and, therefore, if any considerations of advantage
it

may

influence the

judgment of a

belliger-

ent country, in the enforcement of the right, which upon principossesses, to interfere with its enemy's colonial trade, it that shape of this trade, that considerations of this nature have their chief and most effective operation."*

ple

is in

Although the judge

consistent

is

somewhat guarded

in his terms,

more

with the general rights, and less subservient to the convenience of the enemy; and somewhat vague, if not special obscure, in his reasoning; yet he admits that an importation of

goods from a belligerent country, into a neutral country, had the effect of making them a part of the national stock of the neutral country, equally entitled with the national stock itself,

would

What circumstances to be exported to a belligerent country. constitute an importation are not specified; nor does it appear in what light a mere trans-shipment, at a neutral port,
would have been regarded. The next occasion, on which the judge delivered an opinion on this subject, occurred in a case before the court, February 5, 1800, and which came before it again on farther proof, April It was the case of an American ship taken October 29, 1800. 16, 1799, on a voyage from Marblehead to Bilboa, with a mixed cargo of fish, sugar and cocoa. The fish, which made the prinThe cipal part of the cargo, could not enter into the question. sugar was part of a whole cargo brought from the Havanna in the same ship, had been warehoused from some time in June till some time in August, during the repair of the ship, and was then reshipped. The cocoa, small in quantity, was originally from a Spanish settlement, and had been trans-shipped from
*

2 Rob., 169, 170.

332

WORKS OF MADISON.

1806.

another vessel, lying at Marblehead, after having been entered TJie ship had been restored by the captors. at the custom-house.

The property

of the cargo was proved.

sole question.

The

legality of the

voyage was the

On

this question, Sir

William

Scott pronounced the following judgment: "There remains then only the question of law, which has been raised, whether this is not such a trade as will fall under
the principle that has been applied to the interposition of neutrals in the colonial trade of the enemy. On which it is said
that if an American
rectly, neither
is

not allowed to carry on this trade

it circuitously.

di-

can

it

[he?] be allowed to do
to

An

American has undoubtedly a right

import the produce of the

bona them on to the general commerce of Europe: Very different would such a case be from the Dutch cases, in which there was an original contract from the beginning, and under a special Dutch licence to go from Holland to Surinam, and to return again to Holland with a cargo of colonial produce. It is not my business to say what is universally the test of a bona fide importation. It is argued that it would not be sufficient that the duties should be paid, and that the cargo should be landed. If these criteria are not to be resorted to, I should be at a loss to know what should be the test; and I am strongly disposed to hold, that it would be sufficient that the goods should be landed and tJie duties paid. If it appears to have been landed and warehoused
for a considerable time, it does, I think, raise a forcible presumption on that side; and it throws it on the other party to

Spanish colonies for his own use; and after it is imported fide into his own country, he would be at liberty to carry

shew how
is,

this could

be merely insidious and colorable.

There

I think, reason to believe that the sugar was a part and parcel of a cargo said to have been brought from a Spanish colony

in this vessel;
is

and if so, the very distribution of the remainder some proof that they were not brought with an intention only of sending thei~ on. But I have besides positive proof in the affidavit of Mr. Asa Hooper, who swears that tJie duties had
been

paid for them. Then the only difficulty remains as to the cocoa, and it is said by one of the witnesses, and by one only,

1806.

EXAMINATION,

ETC., ETC.

333

that it was trans-shipped from another vessel, and that it had been brought into America only ten days before; but although there is something of a difficulty arising on this small part of the cargo, yet upon the whole I cannot think it weighty enough to induce me to send the case across the Atlantic for still fur-

ther proof, as to the facts of this recent importation and transshipment, or of its having been transferred to the present proprietors, or of

having been exported without a previous pay-

ment of import duties. If it had composed a larger part of the cargo, I might have deemed it reasonable to have had somewhat more of satisfaction on some of these points, which do not
appear with
against
it.

sufficient certainty to

found any legal conclusion

It

appears by the

collector's certificate that it

had

been entered and imported, and I think that these words are sufficient to ansiver the fair demands of the court" It must be confessed that we perceive, in this opinion of the
judge, somewhat of that customary forecast, which in tying a knot to bind himself, avoids drawing it too close to be loosened
It is, nevertheless, establittle, if there should be occasion. lished by the precedent, that the landing of the goods and paying the duties, is a sufficient test of the importation; and that

they have been entered and the evidence of the fact, that can fairly be deimported, manded by the court." It might indeed have been expected that the rule stated by
the certificate of the collector that
is all

"

Lord Mansfield to have been settled l>y the lords of appeals, [which makes the trans-shipment to be equivalent to the landing and reshipment of goods, and this last procedure to take away all color for seizure,] would have found its way into the That rule, however, cannot be impaired notice of the judge. One is, that the for two reasons. in his decision by any thing
further satisfaction, which, if the part of the cargo trans-shipped

had been more considerable, he might have deemed reasonable on some of the questions; might refer not to the legality of the voyage, but to the question of property; and it is certainly
agreeable to all the just rules of interpretation so to understand in an inferior court, to deit, rather than to suppose a purpose

334

WORKS OF MADISON.
by the superior
it is still

1806.

cide in direct opposition to a rule settled

court.

The other reason

more conclusive;

is,4hat on the sup-

position of such a purpose in an inferior court, it could have no legal effect in controuling the rule settled by the superior court,

the rule

by which alone the conduct of individuals could be

governed. Such has been the judicial exposition of the neutral right, even under the British restrictions. The acknowledgment by
the cabinet
sion,
itself,

was

officially disclosed

on the following occa-

and

to the following effect:

cruizers of Great Britain having seized, and the vice admiralty courts having condemned, American vessels bound from

The

the United States to the Spanish West Indies, on* the pretext that their cargoes consisted of articles the growth of Spain, then

war with Great Britain; the American Minister in London, in March, 1801, represented to the British Government the iniquity of the proceeding, with the indignation which it inspired:
at

and required that precise instructions should be dispatched to the proper officers in the West Indies and Nova Scotia, to put an end to the depredations. The subject was referred to the king's advocate general, an extract from whose report was communicated by the British Secretary of State to the American minister, with information that the king had ordered the doctrine laid

down in the report, to be immediately transmitted to the several inferior judges, as the law for their future guidance
and direction.

The extract containing

cited: " I have the

this doctrine shall

be literally

re-

honor to report, that the sentence of the vice ad-

miralty court appears to be erroneous, and to be founded in a misapprehension or misapplication of the principles laid down
in the decision of the court of admiralty referred to, without attending to the limitations therein contained. " The general principle respecting the colonial trade has in the course of the present war been to a certain degree relaxed
It is now in consideration of the present state of commerce. and has been so decided by repeatedly distinctly understood,

1806.

EXAMINATION,

ETC., ETC.

335

the enemy

the high court of appeals, that the produce of the colonies of may be imported by a neutral into his own country,

and may be re-exported from thence, even to the mother country of such colony; and in like manner the produce and manufactures of the mother country may, in this circuitous mode, legally find their way to the colonies. The direct trade, however, between the mother country and its colonies has not, I appre-

hend, been recognized as legal, either by his majesty's Government or by his tribunals.
"

What

is

a direct trade, or what amounts to an intermediate

importation into the neutral country, may sometimes be a question of some difficulty. general definition of either applicaThe question must ble to all cases, cannot well be laid down.

depend upon the particular circumstances of each case; perhaps the mere touching in the neutral country, to take fresh clearances, may fairly be considered as a fraudulent evasion, and as
in effect the direct trade; but the high court of admiralty has expressly decided (and I see no reason to expect that the court

of appeal will vary

tlie

rule) that landing the goods

and paying

the duties in the neutral country, breaks the continuity of the voyage, and is such an importation as legalizes the trade; altho' the

goods be reshipped in the same vessel, and on account of the same neutral J proprietors, and forwarded for sale to the mother country."*
It is impossible to express the law meant to be here laid down in clearer terms, so far as it determines "that landing the goods " and paying the duties in a neutral country, legalizes the cir-

cuitous trade, even between a belligerent country and its own What inferior circumstances would have the same colonies.
effect are

not specified.

It is not decided without a

"

perhaps"

that the mere touching, &c., would be insufficient to legalize the trade. Nor is the legality even of a direct trade between the

mother country and its colonies, denied in stronger terms than " I apprehend it has not been recognized." Thus stood the admiralty in Great Britain, as announced by
*

See the printed correspondence.

336

WORKS OF MADISON.

1806.

British tribunals, and officially communicated by the British Cabinet to the neutral world. So it had continued to stand, as

a pledge and safeguard to neutrals, conforming themselves to it, from the dates of those authorities, the last of which is as far back as the spring of the year 1801. With what astonishment, then, must the neutral world now learn, from the decision of Sir William Scott on the 23d July, 1805, that, according to the rule of law just laid down, after

much

by the lords of appeals, the circumstances of landing the goods or securing the duties, do not furnish complete evidence of the termination of the voyage;" and that withdeliberation,

"

out this complete evidence, derived from the original intention of the importing voyage, the voyage from the neutral port will be treated as the continuance of the voyage from the colony to
the mother country.

This political change in the judicial rules of condemnation, admits no other satisfactory, than a commercial explanation;
for the loss of character,

which

it

induces,

is

a greater sacrifice

than could be made to the cupidity of cruisers, or the value of

their prizes to the public. The whole course, indeed, of modifications pursued by the instructions, and by the decisions of the courts as they appear

from day to day, can leave no doubt that the primary object with Great Britain has been to transfer to herself as large a share as possible of the commercial advantages yielded by the An absolute monopoly was embarcolonies of her enemies.
rassed by the irresistible pretensions of neutral countries; more especially of the United States, whose neighborhood and habits

of intercourse, together with other considerations, forbade a perseverance in the original attempt to exclude them. They

were accordingly the first of the neutral nations towards which a relaxation was afforded. The relaxation, after considerable delay, was extended, by the instruction of 1798, to the neutral nations of Europe. That instruction was founded on a compromise between the interest and the prudence of Great Britain.
It permitted neutral nations to trade directly with the colonies of her enemies; without trading in colonial productions with

1806.

EXAMINATION,

ETC., ETC.

337

one another; and permitted all of them to carry those productions directly to Great Britain. This arrangement was maniconsequently turn the immense residue of colonial wealth, through neutral vessels, into her own market; whence it might be dispensed, under her own regulations, to the neutral countries of Europe
festly calculated to limit the importations of each neutral counto try to the amount of its own consumption; and

having no direct commerce with the West Indies, and even to the belligerent nations whose commerce with their respective colonies she has as completely destroyed, as she has their com-

merce with foreign countries. The arrangement was specious, but proved to be deceptive. It was expected that the expence and delay of a circuitous trade through the United States would prevent importations and re-exportations, interfering with the projected trade directly from the West Indies to herself; and as long as this expectation was in any degree indulged, the right of re-exportation was admitted, though reluctantly, both by the

Government and the

courts.

Experience, however, finally

shewed, that the activity, the capital, and the economy employed by the American traders, overpowered the disadvantages incident to the circuit through the ports of the United States; and secured to them the profits of supplying Europe with the colonial productions of her enemies. In proportion as this unforeseen operation disclosed itself, the commercial jealousy of Great Obstructions were to be thrown Britain began to take alarm.
in the way of importations. Re-exportations were seen with growing discontent. The idea of continuity, by which two voyages were consolidated into one, came into vogue. The Vice

Admiralty courts, regardless of the superior decisions in England, would not allow that the landing of a cargo, and paying

At length apit against condemnation. above Wm. Sir cited, Scott, carrying of peared into effect the construction of the inferior courts, as having been The doctrine deliberately sanctioned by the Lords of Appeal.
the duties, protected
the sentence

ions

established by that decision has been followed by other decisand dicta, at first requiring the re-exportation, in another sale of the articles in the neutral market, ship, then a

VOL. n.

previous 22

338

WORKS OF MADISON.

1806.

then other conditions, one after another, as they were found necessary; till it is finally understood, that no precautions whatever are to bar the cruisers from suspecting, nor the courts from
scrutinizing, the intention of the original importer,

and that the

proof of this intention not to re-export the articles, is to fall on the claimant. To fill up the measure of judicial despotism, these

wanton innovations are now extended to vessels returning from the belligerent mother countries, as well as to those going thither from the United States; with the addition of demands of proof never before heard of in prize courts, on points utterly unknown to the law of nations.
These unexampled and vexatious proceedings manifestly have in view the entire obstruction of colonial re-exports from the

United States; and

if

it

would be more candid

in

Great Britain,
all

not more just, to give public notice, at once, that in cases capture and condemnation would be authorized.

such

Her present

system, as subsidiary to the extension of her

commerce, will be still further seen in her concurrent measures, of a type not less extraordinary than that of any which have
preceded them.

According to the instructions issued within the period of the

existing war, or to the received interpretation of them, the permission given to neutrals by those of 1798, to carry the produce of enemy's colonies, directly therefrom to Great Britain, has

not been continued.

At

first

view

this

might appear to be

in-

consistent with the policy ascribed to her, in obstructing reexportations from the United States. The act of Parliament,

of June 27, 1805, however, which has been already noticed, changes this appearance of departure from that policy, into a

new

By the reguproof, and even an extension of that policy. lations of that act a direct trade is opened between the British
colonies in the West Indies and those of her enemies; and her enemies themselves are invited to enter into the trade. Whilst

neutrals, therefore, are excluded from carrying colonial produce directly from the colonies to Great Britain, the commercial

views of Great Britain are answered by the substitution of another channel through her own colonies; with the additional

1806.

EXAMINATION,

ETC., ETC.

339

advantage of a monopoly to her oivn ships, in the transportation from her colonies across the Atlantic; and for the sake of this advantage, or for that of repressing the growth of neutral rivalship, or on both these accounts, she has been willing to encounter all the reproach of cultivating an avowed commerce with her enemies, in the very moment of laying new restrictions

on that of neutrals with them.

for a trade

Further; the act of Parliament, of June 27, 1805, providing between Great Britain and the colonies of her ene-

mies, through the medium of free ports in her preceded by an act of April 10, 1805,
in neutral vessels, for their

own colonies, was

authorizing licences to

British subjects, to import, during the tear, into Great Britain, own or neutral account, from the

American colonies of her enemies, most of their productions; requiring, at the same time, that all sugar and coffee so imported should be re-exported; and that the value of a certain portion of the imports from such colonies should be returned in goods and commodities from Great Britain. Again; in concert with the act of June 27, instructions, founded on another act of Parliament, were issued, June 29,
1805, authorizing British subjects to export in neutral vessels to France, Spain, and Holland, a long list of articles, including their respective colonial productions; and to import therefrom

a long

list

of such articles as suited her

own

wants.

the arrangement, in all its forms, it has been in the American Gazettes, conformably to announced officially a resolution of the British privy council, of August 3, 1805, that
the trade with the settlements and islands belonging to the enemy, in America and the West Indies, is to be carried on

To complete

through the medium of the British free ports in the West tndies,

and not otherwise.

The system of Great Britain may, therefore, now be considered as announced to all the world, without disguise, and by the
most solemn acts of her government.

Her navy having

de-

stroyed the trade of her enemies, as well between the mother countries and their colonies, as between the former and neutral
countries;

and her

courts,

by putting an end

to re-exportations

340

WORKS OF MADISON.

1806.

from neutral countries, reducing the importations into these, to the mere amount of their own consumption; the immense surplus of productions accumulating in the American possessions of
her enemies can find no outlet but through the free ports provided for it; nor any other market than the British market, and
those to which she finds
it

for her interest to distribute

it;

with

a view to which, she not only allows her enemies to trade with her possessions, but allows her own subjects to trade with her
enemies.

And

thus, in defiance as well of her treason

laws and

of her trade laws, as of the rights of neutrality, under the law of nations, we find her, in the just and emphatic language

taking to herself, by an inconsistency at which reason revolts, a commerce with her own enemy, which she denies to a neutral, on the ground of its aiding that enemy in the
of the President,

"

war."* But let us return for a moment to the series of instructions of which an historical review has been taken; and advert to some additional lights in which the judicial construction and application of them present the conduct of Great Britain.
Prior to the orders of November
ple forbidding to neutrals a trade
if it 6,

1793, the general princiopened to them during the

be a principle of the law of nations, as asserted by Great Britain, have been the rule of Admiralty decisions. Accordingly, it appears, by 4 Rob. Appendix, p. 12, that conwar, must,

demnations in cases prior to that date were, in the court of Appeals,

made to rest on that principle. The orders of November 6, 1793, designated

for the opera-

tion of the principle, the trade with the colonies of the as well the trade to, as the trade from, them.

enemy;

The orders of January, 1794, expressly revoking the orders of November, 1793, designated for capture, the trade only from the West India Islands of the enemy, and bound directly to
Europe, only.

The orders of January, 1798, revoking expressly the orders of January, 1794, designated for capture the trade from the
*

President's message,

December

3,

1805.

180C.

EXAMINATION,

ETC., ETC.

341

islands or settlements of the enemies,

port in

bound directly to any what Europe; excepting might be bound to British

which the neutral vessels

ports, or to the ports of the country to

should belong.

Without entering into a variety of minute questions growing out of the varied and very inaccurate expressions in which the
orders are penned, several of very great importance occur, in expounding and applying the rules laid down. The first question is, whether the first order of 1793, which made no express reference to the general principle, and which was limited to the colonial branch of the enemy's trade, was to be understood as merely a specification of certain cases to which
the general principle was applicable, leaving the general principle in force as to all unspecified cases; or whether this specification of certain cases

was

to

be understood as implying a

legal-

ization of cases unspecified.

The question arises, also, under the successive orders, each of them revoking the orders immediately preceding, whether it was to be understood, that the specification of certain cases did,
or did not, legalize the cases omitted in the same order, but specified in the orders preceding.

The more obvious construction of the original order, even, seems to be, rather that it was meant to define the only cases to which the general belligerent claim was to be applied, than that it was meant merely to notify the claim in those particular cases; a claim not- more requiring notification in those cases,
than in the cases not notified.

With respect to the orders of posterior dates, the fair construction implies, that the belligerent claim was narrowed, first,
by
all the difference
finally,

1794; and

by

between the orders of 1793 and those of all the difference between the orders of

1794, and those of 1798. Taking the whole together under these constructions, the application of the general principle of capture was restricted by
these orders to the trade of neutrals

from

the colonies of ene-

mies, directly to ports, other than their

own

respective ports

342

WORKS OF MADISON.

1806.

and the British ports, and consequently there remained exempt from capture:
1st.

The coasting

trade,

and every branch of trade not

colo-

nial.

2d.
nies.

The trade from any neutral

country, to belligerent colobelligerent country to

3d.
its

The trade by
colonies,

neutrals

from any

own

and

to the colonies of another belligerent

country.
4th.

The trade between

same or

belligerent colonies, whether belong-

ing to the

Applying 1794 and 1798; and admitting those of 1793 not to have superseded by implication, the claims to capture in cases not therein specified, there will be no other exception to the relations or
exemptions just enumerated in favor of neutral commerce, but the coasting trade, and other trades not colonial, to which Great Britain has applied, or may choose to apply, the general
principle.

to different belligerent countries. this rule of implication to the two orders only of

assumed principle

In general the high court of admiralty seems, by applying the to the coasting trade, to have pursued that

construction of the original order of 1793, which left the general principle in force as to cases not specified in it; and to have

considered the relaxations in the succeeding orders of 1794 and

1798, as referring solely to the colonial trade. There appears, however, at no time to have been any clear and fixed opinion in the court, with respect to the illegality and

penal consequences of the coasting trade. Few cases are reported, perhaps few have occurred, of discusIn 1 Rob., p. 104, the sions relative to this branch of trade.
subject is incidentally brought into view, in a case where a French vessel had been purchased. The doctrine held by the judge is expressed as follows: "We certainly do allow it, [the
"

" "

purchase,] but only to persons conducting themselves in a fair neutral manner, <fcc.; besides, this vessel appears to have been

engaged in the coasting trade of France.

The court has

1806.

EXAMINATION,

ETC., ETC.

343

" "

never gone so far as to say, that pursuing one voyage of that kind would be sufficient to fix a hostile character: but in my " Such a voyage howopinion, a habit of such trading would.
ever must raise a strong degree of suspicion against a neutral claim; and the plunging at once into a trade so highly dangerous, creates a presumption that there is an enemy proprietor lurking behind the cover of a neutral name." Here, not

" "

"
"

the coasting trade

itself, but the presumption of enemy's property found in it, is made the ground of animadversion. In the case of the Speculation, the same idea presents itself.*

itself the case of a coasting trade. In judge descanted with great energy and rigor, on " the manifest illegality of the coasting trade. Can there be " " a more effective accommodation that described," says he, " can be given to an enemy during war than to undertake it

The Emanuelf was

this case the

" He did not however inability ? refuse further than to on the principle settled freight proceed " that neutrals are not ancient judgments, permitted to trade by
"

for

him during

his

own

on freight."

He particularly refers
7, 1795,] in

to the case of the Mercurius,

[Lords, March

which freight was refused.

Why

were not the ships confiscated

down
ages,

in these cases? that being laid in other cases as included in the penalty for illegal voy-

and actually applied ultimately to cases of a trade between a colony and the mother country, to which the coasting trade is strictly analogous; both being trades from one port to another port of the same nation. It is not even to be inferred from the authorities here cited, that a coasting trade, in the pro-

duce of the country,

if

belonging to the neutral

carried not on freight, but as property owner of the ship, is subject to any

This indulgence to the coasting, and rigor towards penalty. the colonial trade, is it to be explained by the fertility of the one, and the little value of the other, as a source of captures

and commercial

profit, or in what other way? the colonial respect to the orders of '94 and '98, and that they trade, it appears to have been in general understood,

With

2 Rob., p. 244.

t 1

Rfc- 249

344

WORKS
to

.OF

MADISON.

1806.

were

be construed as successively enlarging the trade of neu-

trals with the colonies of enemies, in the

manner and

to the ex-

tent above explained.

The dilemma was indeed unavoidable;

if

either the orders

were

relaxations at all, in to be considered as relaxations, (and that extent,) or as leaving the general principle in force in cases

not specified in the orders, and therefore as no relaxations at

all.

This latter decision would have given a character of mockery to the profession and parade of making, in their orders, so many sacrifices of belligei^nt rights to a spirit of moderation

and amity towards neutrals. The former side of the dilemma, The orders, those of '94 and therefore, was necessarily taken. '98 at least, were relaxations. As relaxations however in the extent required by an obvious and consistent interpretation, the door, opened to neutral commerce with the belligerent colonies, was found to be wider than was compatible either with the interests of British commerce,
the avidity of British cruizers, or the probable intentions of the British government.

What was

to

be the remedy?

The

first tried

was that of

shutting the door gradually, by the dint of constructions, as may be seen by tracing the colonial cases adjudged by Sir Wil-

liam Scott, and reported by Robinson, and the decisions of the

Lords of Appeals referred to by the reporter. The task was assuredly not a little difficult, of which there is the strongest demonstration in the crooked and contradictory reasonings and decrees, into which it forced the very eminent
talents of the judge
alty.

who

presides in the high court of admir-

In addition to the evidence already presented, take the following comparison between his rule of construction in the case
of the Providentia,* and the rule of construction in the case of the Immanuel.t
" In the former case, August 16, 1799, he observes, the
*

first

2 Rob., p. 126.

t 2

Rob., p. 159.

1806.

EXAMINATION,

ETC., ETC.

345

"
" " "

instructions

were to bring in all ships which had been trading with any colony of the enemy: but this country afterwards receded from these directions; and the second orders were to

"
" "

bring in all ships laden with produce of the West India islands coming directly from the ports of the said islands to

any port in Europe. I cannot but consider this as an abandonment of the former law, [instruction,] and I cannot but
think that a cruiser taking this instruction, in conjunction with those given before must have inferred that it was no longer
the intention of government to bring in, and much less to confiscate," [was there room for this distinction?] "cargoes of
this

" " " "

"
" " "
" " " "

West India produce, was followed by

the bringing in of all

unless

instructions

some port in Europe: in force, which direct vessels laden with the produce of the
coming
to

now

French and Spanish settlements, coming /Vow the ports of such settlements to any port of Europe, other than the ports of that country to which the vessel belongs. It is certainly not laid

down in the negative that they shall not bring in such vessels as are coming from such settlements to their own ports; but " looking at the former instruction, I think it was a strong ad" monition to cruisers not to bring in such ships, and I believe
"
"
it

and

has been generally so understood and acted upon by them; in this court cargoes brought from Surinam to ports in

" "

to which the vessels belonged, have been uniformly restored on proof of the neutrality of the property." The reasoning here is plain and just. The first instructions designated for capture the colonial trade, without distinguish-

Europe

ing between Europe and America: the second designated the trade to Europe only: therefore, by fair inference, the trade to

America was exempted from capture.

Again, the second orders designated for capture the trade to Europe: the third orders designated the trade to ports of Eu-

rope not
vessel:

of Great Britain or of the country owning the therefore by fair inference the trade to Great Britain
"being

and
ture.

to countries

owning the

vessels,

was exempted from

cap-

In the Immanuel,

November

7,

1799, the case was that of a

346

WORKS OF MADISON.

1806.

neutral ship taken on a voyage last from France to a French According to the reasoning of Sir William Scott, just colony.

quoted, the inevitable inference ought to have been that the

voyage was

legal.

The

from

instructions designated for capture the trade to and the colonies. Both the second and third designated for
first

capture the trade only from the colonies; therefore, according to that reasoning, the trade to the colonies was exempted from
capture.

Hear

nevertheless the reasoning employed by the judge him-

self in this case.

After combating the neutral right to trade with the colonies of an enemy, by arguments applicable, in principle, as well to a trade between neutral ports and the colonies, as to a trade bein

tween the mother country and its colonies; he proceeds to state, answer to all pleas for a neutral trade from the mother country to its colonies, that the true rule to this court is the text " of the instructions; what is not found therein permitted, is
"

" "
"

understood to be prohibited, upon this plain principle, that the colony trade is generally prohibited, and that whatever
is

Now

not specially relaxed, continues in a state of interdiction." as what is not permitted, not specially relaxed, is by the

instruction to continue prohibited, the question to be decided is, what it is that is permitted, or specially relaxed by the inIs it what is positively and expressly permitted or structions.

relaxed?

is no permission or relaxation at and every thing positive express in the instruction is

Then there

all; for

for the

capture, not for the permission or relaxation. Is it to be a permission or relaxation implied and inferred from a positive and specified prohibition in one order, and an omission of that or

of a part of that prohibition, in a succeeding order? Then the neutral trade from a belligerent country to its colonies, which was prohibited in the order of 1793, and omitted in the orders of 1794 and 1798, was as much permitted, as specially relaxed, as the trade from a neutral country to the colonies of an enemy,
is

permitted or relaxed by the omission in the orders of 1794 and '98, to prohibit the trade to the colonies, which as well as

1806.

EXAMINATION,

ETC., ETC.

347

the trade from the colonies, was positively and specially prohibited by the previous order of 1793; or to recur to the reasoning of Sir William Scott, in the former case of the Providentia, as much permitted or relaxed as the trade from the colonies going not to Europe, was inferred to be so from the order of 1794, taken in conjunction with the order of the

1793; order of '93 having prohibited the trade from the colonies generally, and the order of '94 having omitted to prohibit more of
the trade from the colonies than
in

what was bound

to

some port

Europe. The judge concludes with declaring, "I see no favorable distinction between an outward and return voyage. I consider the intent of the instruction to apply equally to both communications, though the return voyage is the only one specially mentioned."

What favorable distinction,

then, could the judge see

between

the outward and the return voyage, in a trade between a neutral country, and the colonies of an enemy, more than between the two voyages to Spain, a mother country, and the colonies? Is not the return voyage the only one specially mentioned, whether the instruction be applied to the former trade or to the
latter trade ?

This

is self

evident.

Either then he must admit

the distinction in both, and say that the return voyage only being specially mentioned, the outward voyage is in both trades

permitted; or he must reject the distinction in both, and say, that the outward voyage, tho' the return voyage only be specidifferent course howally mentioned, is prohibited in both.

ever was pursued. The instruction was applied to the outward voyage in the neutral trade from the mother country to the colony, without being considered as applicable to the outward

voyage

last has not as yet

from the neutral country to a colony; which been subjected to condemnation. Whether that is to be its future destiny, as has happened to some other branches of commerce, where it was equally precluded by legal decisions and even official assurances, is among the arcana of the
in the trade

admiralty cabinet of Great Britain.

The judgment

in this case, it is to be observed, did not

go

348

WORKS OF MADISON.

1806.

beyond the condemnation of the goods. The vessel was restored, but with a forfeiture of freight and expences.
degrees, however, with the aid of alleged fraud, of false and of contraband in the outward voyages, the ship as well as the cargo were brought within the rules of condem-

By

destination,

nation in the high court of admiralty. The decision of the lords of appeal has finally established, in the case of a voyage from a

Spanish colony to a neutral, but forbidden port in Europe, that any illegal trade of neutrals with the colonies of an enemy forfeits

both ship and cargo.* Other examples might be drawn from the proceedings in the

British courts of admiralty, to illustrate the constructive return towards the general principle which had been mitigated by successive instructions, and the anomalous and entangled decisions, which have been employed for the purpose. These illustrations cannot be here pursued, without too great an addition to the It will only thereprolixity which has already been incurred. fore be remarked generally; first, that the course of proceedings, as they relate to the coasting, and different branches of the colonial trade; to the grounds on which these have been interdicted to neutrals; and to the penalties attached to breaches of the interdictions, compose a labyrinth for which no concatenation of principles, no thread of reasoning whatever, affords a

volume of Robinson's

clue: secondly, that constructive decisions, as appears in the last reports, have not only restored, in a great

measure, the operation of the general principle; but have introduced collateral principles, greatly extending the mischiefs of
its

operation.

Whilst all the considerations therefore which originally led to the examination of this principle, are acquiring additional
force, it is fortunate that so irresistible a testimony against its

legitimacy, should have been furnished by the conduct of Great Britain herself.
*

4 Rob. Appen., p. 11.

1806.

EXAMINATION,

ETC., ETC.

349

Review of the reasons urged

in defence of the British principle.

Although some of the reasons by which this belligerent claim is defended, have incidentally fallen under consideration in the course which the subject has taken, yet a more particular notice of those most relied on, may be necessary to
of Great Britain

complete the present examination.

principal champions for the claim, are the judge of the of admiralty himself, Sir William Scott; Mr. Ward, court high now under Secretary of State in Great Britain, who is sufficiently known by his treatises on the law of nations, one of which embraces this precise subject; and Mr. Browne, a professor of civil law in the University of Dublin, and author of a work on civil and admiralty law. Sir William Scott has, in every view, the first title to be

The

heard.

In the judgment delivered by him in the case of the Immanuel, his eloquence has painted the belligerent claim in very glowing
shall be given in his own words: indubitable an right of the belligerent to possess himas of any other possession of his enemy. self of such places, This is his common right, but he has the certain means of car-

colours. " It is

The passage

rying such a right into effect, if he has a decided superiority at sea: such colonies are dependent for their existence, as colonies, on foreign supplies; if they cannot be supplied and defended
they must fall to the belligerent of course and if the belligerent chooses to apply his means to such an object, what right has a third party, perfectly neutral, to step in and prevent the execution? No existing interest of his is affected by it; he can

have no right to apply to his own use the of the mere act of the belligerent, and

beneficial consequences
to say, 'True it
is,

you

have, by force of arms, forced such places out of the exclusive of the conpossession of the enemy, but I will share the benefit

You its progress. quest, and by sharing its benefits prevent have in effect, and by lawful means, turned the enemy out of the possession which he had exclusively maintained against the

350

WORKS OF MADISON.
whom we had
but

1806.

whole world, and with

fere,

never presumed to inter-

interpose to prevent his absolute surrender, by the means of that very opening, which the prevalence of your arms alone has affected; supplies shall be sent and their pro-

we will

ducts shall be exported; you have lawfully destroyed his monopoly, but you shall not be permitted to possess it yourself; we insist to share the fruits of your victories, and your blood and
for the

treasure have been expended, not for your own interests, but common benefit of others.' Upon these grounds it can-

not be contended to be a right of neutrals, to intrude into a commerce which had been uniformly shut against them, and
is now forced open merely by the pressure of war; for the when enemy, under an entire inability to supply his colonies and to export their products, affects to open them to neutrals, it is not his will but his necessity that changes his system; that

which

change

is

pulsion of war, British force."

the direct and unavoidable consequence of the comit is a measure not of French councils, but of

The

first

remark

to

be made

is,

that were the intrinsic rea-

sonableness of the claim admitted, it would not follow that the claim is justified by the law of nations as actually established.

Reason
is

is

indeed the main source from which the law of nations

rule

deduced; and in questions of a doubtful nature, is the only by which the decision ought to be made. But the law of

nations, as

an established code, as an actual rule of conduct

among

nations, includes, as already explained, a variety of

usages and regulations, founded in consent, either tacit or express, and superadding to the precepts of reason, rules of conduct of a kind altogether positive and mutable. If reason and conveniency alone, without regard to usage and authority, were to decide all questions of public law, not a few of the received doctrines would at once be superseded; and among the first, some to which Great Britain is most pertinaciously attached. What would become of her favorite claim, to seize and condemn all enemy's property, laden in neutral vessels, if the claim were brought to the simple test of reason? a claim which gives so much more vexation to the nations at peace, than it contributes

1806.

EXAMINATION,

ETC.. ETC.

351

to

any just advantage of those at war.

On

this question, it is

well known, that the appeal has been constantly made by Great Britain from the reasoning of her adversaries, to the authority of celebrated jurists, and other testimonies of the established
rules

She must not expect to vary her according to her individual interest: to appeal to authority when reason is against her, and to reason, when autest of right,

and practice of nations.

thority is against her. In testing the British claim, then, by the law of nations, recurrence must be had to other sources than the abstract dictates

of reason; to those very sources from which it has been shewn that her claim is an unauthorized innovation on the law of nations.

But let us examine this appeal of the eloquent Judge to the reasonableness of his cause, and see what is gained by it. " It is an indubitable right of the belligerent to possess himself of such places, viz: colonies, [but the
all places

argument extends

to

shut against neutral commerce in time of peace,] as of any other possession of his enemy." Without question he has the right to possess himself of any place belonging to his

enemy.
certain means of carrying such a right into he has a decided superiority at sea." This is not so universally true as is assumed. A land force will be also neces-

"But he has the

effect if

sary; unless both the superiority at sea and the situation of the colony be such as to admit a complete interruption of supplies; and then, a blockade must be the only legitimate expedient.

"Such colonies are dependent

supplies: if

for their existence as colonies,

on foreign they cannot be supplied and defended they must fall to the belligerent of course." It is certainly true that they must fall, if they can be neither fed nor defended. But it is not so true that colonies, as such, are dependent on
foreign supplies. Some insular colonies are so dependent; others are not. Few, if any, of the continental colonies or settlements

are dependent on foreign supplies. "And if the belligerent chooses to apply his means to such an object, what right has a third party perfectly neutral to step

352
iu,

WORKS OF MADISON.

1806.

No right at all to step in; in the fact, apply his means to that belligerent does, provided in to the law of nations; that the conformable mode, object, and,
and prevent the execution?"
by intercepting contraband of war, and availing himself of his decided superiority at sea, to blockade the places, which if deprived of foreign supplies, must fall into his hands of course. Take the argument under another aspect. Colonies must
is,

fall

without foreign supplies; therefore,

it is said,

a belligerent,
neutrals from

without invading or investing them, supplying them.

may prevent

The argument has one tendency which ought not

to

have

es-

caped the penetration of its author. If the dependence of a place for its existence and defence on foreign supplies, be the ground of the belligerent right to intercept all neutral trade

whatever with

it, it

will not be very easy to find a reasonable

ground

for the belligerent right to obstruct neutral supplies to

a place blockaded, where the place, as frequently occurs, does not depend on foreign supplies for its existence and defence.

Or

the argument

may

take another turn, which ought not to

escape the attention of neutrals. If the applicability, without an actual application of the means, to the legitimate object of
possessing himself of the colonies of enemies, can justify the capture of neutral trade with such places, the mere existence of

a force applicable to the purpose of a blockade any where, will, without an actual blockade, equally authorize the capture of a neutral trade with ports susceptible of blockade; and thus the
neutral trade becomes interdicted with every part of the dominions of her enemy; on the same principle as interdicts it with
the colonial part of their dominions; a blockade being as legitimate an object of war as conquest; and a decided superiority
at sea being at least as applicable to the former, as to the latter
object.

argument lies in the fallacy of the no more follows from the dependence of colonies inference. on foreign supplies, that neutrals have no right to trade with them, with the exceptions of contraband and of blockaded ports, than it follows from the dependence of other countries or parts
It

But an

essential vice of the

1806.

EXAMINATION,

ETC., ETC.

353

of countries on foreign supplies, that neutrals have no such right. Is not Holland, is not Portugal, is not even Spain, at all times, dependent on foreign supplies for their subsistence; not less perhaps than some of the insular colonies in the West, and much

more than some

in the
all

East Indies?

Yet

since the usurped

neutral trade with an enemy was abandoned by belligerent nations, has it ever been pretended that that dependence gave a right to the enemies of those countries,
to prevent neutral supplies to

power of obstructing

them ?
to another test.

The argument

fails

when brought

If the de-

pendence on foreign necessaries constitutes the belligerent claim

against the neutral trade to colonies, the principle of the claim limits it to such colonies as labour under this dependence. The continental colonies or settlements, which have within themselves resources, necessary for their existence, and which therefore no decided superiority at sea can reduce into the possession

principle. either in

of a belligerent, are clearly not within the utmost range of the Yet no distinction is made in the application of it,

argument or practice, between the most sterile and and the vast and fertile provinces on the continent of South America. Thus far, then, the judge has found no foothold for the belligerent pretension which he endeavors to support. But he must be heard further: "No existing interest of his
indefensible island,
[the neutral] is affected by it," [an exclusion, &c.] The interest of neutrals may be materially affected

by the

loss

of the customary supplies from belligerent colonies, as must happen, if they can neither trade directly with the colonies, nor This is receive supplies from them thro' the mother country. the consideration expressly assigned, in the appendix to 4 Rob.,
for the orders of 1798: "Neutral vessels

were by

this relaxation

allowed to carry on a direct commerce between the colony of an enemy and their own country; a concession rendered more
reasonable by the events of war, which by annihilating the trade of France, Spain, and Holland, had entirely deprived the States of Europe, of the opportunity of supplying themselves with the VOL. ii. 23

354

WORKS OF MADISON.

1806

articles of colonial produce, in those markets." of the subject very different from that given

This is a view by Sir William Scott here, and in another paragraph; where he represents " Guadaloupe and Jamaica, as no more to Germany, than if they were settlements in the mountains of the moon, to commercial purposes, as not in the same planet." The judge proceeds, "He [the neutral] can have no right to apply to his own use, the beneficial consequences of the mere
act of the belligerent."

Why

not?

In many respects, as will hereafter be seen, the

neutral suffers by war; is it unreasonable that in some respects, he should profit by its effects ?

Waiving

this consideration, it does

not follow that one bel-

ligerent has a right to deprive a neutral of a colonial market opened to him under the pressure of war, by another belligerent, any more than of any new market or new channel of trade,
in relation to the mother country, opened under a like pressure. As yet, however, the latter pretension has not appeared.* It is

even disavowed in a succeeding passage of this very judgment. Is it not the pressure of war, which at this time, obliges the
enemies of Great Britain, to abandon in great measure, to neutral vessels, the trade between themselves and other countries?
Is it not the pressure of war, during which more food is consumed, with fewer hands to raise it, that often compels nations at war,

to open their ports to the supplies and ships of neutrals, contrary to their ordinary regulations in time of peace? In a word,

the whole commercial policy of belligerent towards neutral nations, undergoes changes, which the latter is in the constant
practice of "applying to their own use." And it is manifest that Great Britain is as ready, as any of her enemies, to lay open

her navigation and her colonial markets, though so rigorously

*

The pretension has not appeared

in the courts in England.

But

in a late case

in the vice admiralty court at Halifax, it appears that the judge was disposed to consider the introduction of certain regulations at Bourdeaux, favorable to neutral

commerce, aa forming an unusual trade, and, in that view, as a legal ground

of capture.

1806.

EXAMINATION,

ETC., ETC.

355

shut in time of peace, whenever the pressure of war, makes it her interest, that neutrals should apply the benefit of these

changes to their

own

use.

It is perfectly clear, then, that the mere circumstance of an increase of profit to neutrals, from a participation in branches

of trade opened under the pressure of war, does not render that participation unlawful.

The sequel of the argument assumes a very singular shape. The neutral has no right to say to the belligerent, "True it is
you have by force of arms forced such places out of the exclusive possession of the enemy, but I will share the benefit of the

conquest; and by sharing its benefits, prevent its progress. You have, in effect, and by lawful means, turned the enemy out of the possession which he had exclusively maintained against the

whole world, and with

fere; but

whom we had

never presumed to inter-

we

by the means arms alone has effected." Here let it be observed, the case

will interpose to prevent his absolute surrender, of that very opening which the prevalence of your

first

stated

is,

that the place

has been forced by one belligerent out of the possession of another belligerent, and that the neutral is undertaking to share Were that the real intention, as it the benefit of the conquest.
the inevitable import of the statement, there could be no advocate for a neutral pretension to interfere. But with an inaccuracy (a harder term will not be applied) little to have been
is

looked for where

it is found, this conquest, this turning of the of exclusive out possession, does not in the least mean, enemy as is quickly disclosed, a transfer of the place or colony to a

new

The colony remains precisely as it did; not sovereign. even attacked or threatened by a military operation. The conquest really meant turns out to be nothing more than the creation of a certain degree of difficulty and danger in the trade between the colony and the mother country. With this change
in the statement of the fact, the inference with respect to the intrusion of a neutral commerce must, unfortunately for the

argument, undergo a correspondent change. As the conquest of the colony would have justified the conqueror stepping into

356

WORKS OF MADISON.

1806.

the exclusive possession, out of which his arms had forced his enemy, in prohibiting a neutral interference with its trade, it is equally certain, that he is not justified in any such prohibition

by the mere obstruction thrown in the way of the ordinary colonial trade; any more than he would be justified by obstructions thrown equally in the way of other branches of his enemy's
trade, in prohibiting the entrance of neutrals into them. That the meaning of the judge is shifted from an expulsion

of the enemy from his colony, to an obstruction of his trade with his colony, is put beyond all question by the conclusion of this hypothetical address of the neutral to the belligerent,

"Supplies shall be sent, and their products shall be exported: you have lawfully destroyed his monopoly, but you shall not be
permitted to possess it yourself" Thus the right of a belligerent to possess himself of the colonies of his enemies depending on foreign supplies, which, in
the beginning of the argument,

was the ground of the unlawful-

ness of such neutral supplies, as might prevent the colonies from falling into the hands of the belligerent, undergoes a complete

transformation in
ligerent to

The

its progress, and ends in a right of the belthe colonies himself, in exclusion of neutrals. supply neutral is interdicted from sending supplies to an enemy's

colony, and exporting its produce; not because it would interfere with the reduction of an enemy's possession; but because it

would interfere with a commercial monopoly. This at least would be a new principle in the law of nations. But it is worth while to enquire how the right of a belligerent to subdue the colonies of his enemy, and for that purpose to
obstruct neutral supplies to them, can be reconciled with the actual regulations of the British Government on this subject.

Whilst

this claim is exercised, in general, so

much

to the dis-

advantage and dissatisfaction of neutrals, it is relaxed in some respects which are fatal to the very purpose of the belligerent to subdue the colonies of his enemy; which purpose alone could give a colour to any such obstruction of neutral commerce. The orders both of 1794 and of 1798 limit their restrictions on neutrals to the trade

from

colonies; leaving

by implication, unre-

1806.

EXAMINATION,

ETC., ETC.

357

stricted, the trade to the colonies; or they manifest, at least,

under every construction, a solicitude rather against the trade from, than against the trade to the colonies. Now if the object and the pretext, in controuling the trade with the colonies, be the conquest of the colonies, is it not extraordinary that whilst checks are opposed to the exports, which can, at the most, have but a remote influence in preserving them from the necessity of
surrender, the channel should be left open for the importation of those foreign supplies, for the want of which, they might fall to the belligerent of course? How is this to be explained? Not,
certainly, by a belligerent policy, which is completely defeated by the relaxation. There is but one explanation that is satisfactory, and it must not be deemed uncandid to resort to it. As

nies such a course as

the orders have endeavored to give to the trade from the colowas most favorable to imports into Great

Britain, the course allowed to the conveyance of supplies to the colonies is equally favorable to the export of manufactures from

Great Britain.

British manufactures,

it

posed, could find their

way

to hostile colonies,

must have been supthrough no chan-

nel so conveniently and certainly, as through that of neutrals which conveys the means of subsistence. Whilst the regulation, therefore, defeats the measure of conquest, it extends the market
for manufactures.

Every

fold of this belligerent claim

wraps

project. In prosecuting his argument, the judge occupies another " ground for this belligerent pretension: Different degrees of

up some commercial

relaxation," he observes, have been expressed in different instructions issued at various times during the war. It is admit-

"

ted that no such relaxation has gone the length of authorizing a direct commerce of neutrals, between the mother country and its colonies; because such a commerce could not be admitted

without a

total

commerce
colonies,

to neutrals,

surrender of the principle: for allow such a and the mother country of the enemy re-

some increase of expence, the direct market of the and the direct influx of their productions; it enjoys as before, the duties of import and export, the same facilities of
covers, with

358
sale

WORKS OF MADISON.
and supply, and the mass of public inconvenience
is

1806.

very
col-

slightly diminished." It was lately the object of dispossessing the

enemy of his

onies altogether, that authorized the obstruction of neutral supplies. It was next the object of securing to the belligerent him-

monopoly of the commerce with those colonies, that him such an authority. Now the authority is derived from gave the policy of withholding from the mother country of the colony, the public conveniencies arising from the revenue and from the
self,

the

commercial profits supplied by her direct intercourse with her

colonies.

It cannot be necessary to dwell on the hollowness of this foundation, for the claim to make war on the participation of It will be merely observed, or neutrals in a colonial trade.

rather repeated, that if neutrals have no right to trade with an enemy, where the enemy in consequence of the pressure of the

war, would otherwise lose the revenues and other public advantages flowing from the trade, the inference fairly is, that Great Britain, by driving the ships of her enemies, as she does
at this moment, altogether from the sea, may renew with effect the old and exploded tyranny of interdicting all neutral commerce whatever with her enemies.

was applicable

This last argument only against the neutral trade to colonies, to the coasting trade. There, neither conquest, nor the substitution of the belligerent's own commerce, could

be the object. It will accordingly be seen in the case of the Immanuel,* that the belligerent claim is founded, as it is here, on its general effect in cramping the revenues of the enemy, and in inflicting a pressure which may compel a due sense and observance of justice. It only remains to advert to a reply, from the judge to the counsel at the bar, with which he closes the argumentative part
of his judgment.

The

inconsistency of Great Britain, in making, in time of

*

2 Rob., p. 249.

1806.

EXAMINATION,

ETC., ETC.

359

war, the same relaxations in her navigation and colonial monopolies, which she denies the right of her enemies to make, is
so obvious that it could not possibly escape the notice of the counsel for neutral claimants. The more striking the inconsistency, however, the greater the delicacy which was to be observed in pressing it on the court. It appears accordingly to have been brought into view, in one instance only, in Robin-

Admiralty Reports, which was in this case of thelmmanuel; and here it is managed with much tenderness, and seasoned, finally, with some material concessions to the known opinions of the Bench and the government. In order to do justice to Mr. Arnold and Mr. Sewell, charged on that occasion with the defence of the neutral claimants, and for the sake of some very judicious reflections of a more general nature, with which they
son's

introduce their particular argument, no abridgment will be made of the following passage:
It is true that the general colonial law of Europe has created a monopoly, from which other countries are generally " precluded; at the same time laws respecting colonies, and
"

"

" "
"

laws respecting trade in general, have always undergone some

change and relaxation after the breaking out of hostilities; it is necessary that it should be so, with regard to the rights of " neutral nations; because as war cannot be carried on between " the principal powers of Europe, in such a manner as to con"
fine the effects of it to

themselves alone,

it

follows that there

"

must be some changes and variation in the trade of Europe, " and it cannot be said that neutrals may not take the benefit " of any advantages that may offer from these changes because " if so, it would lead to a total destruction of neutral trade; if " they were to suffer the obstructions in their old trade, which " war always brings with it, and were not permitted to engage " in new channels, it would amount to a total extinction of neu" tral commerce: such a position, therefore, cannot be maintain" ed, that they may not avail themselves of what is beneficial in " these changes, in lieu of what they must necessarily suffer, in " other parts of their trade, in time of war. It is not meant
"

that they should be entirely set at liberty from all the restric-

360
"
"

WORKS OF MADISON.
that

1806.

tions of peace

would be going too

far.

But

that, as

there has been a regular course of relaxations, as well in our " navigation laws, as in the colonial trade, in admitting impor"

tations

and exportations not allowed in time of peace;

it

"

seems not to be too much to say, that if they have been regu" larly relaxed in former wars, neutral merchants may think
" "

themselves at liberty to engage in

it,

in

any ensuing war, with

does justify a presumption, that as a belliger" ent country alloivs a change in its own system as necessary, and " invites neutrals to trade in its colonies under relaxations, so it
it

impunity; and

" "

would allow them

nies of
tlie

to

trade in the same manner, with the colo-

enemy." In reply: "It is an argument," says the judge, "rather of a more legal nature than any derived from those general topics of commer-

made in the commercial systems of every country in wars and on account of ivars, by means of which neutrals are admitted and invited into different kinds of
cial policy, that variations are

trade, from which they stand usually excluded; and if so, no one belligerent country has a right to interfere with neutrals for acting under variations of a like kind made for similar rea-

sons in the commercial policy of its enemy. And certainly if this proposition could be maintained without any limitation,
that wherever any variation whatever is made during a war, and on account of the state of war, the party who makes it, binds himself in all the variations to which the necessities of the ene-

can compel him, the whole colony trade of the enemy is legalized; and the instructions which are directed against any part are equally unjust and impertinent; for it is not denied that some such variations may be found in the commercial policy

my

of this country itself; although some that have been cited are not exactly of that nature. The opening of free ports is not
necessarily a measure arising from the demands of war; it is frequently a peace measure in the colonial system of every country: there are others, which

more

directly arise out of the necessities

of war; the admission of foreigners into the merchant service the permisas well as into the military service of this country;

1806.

EXAMINATION,

ETC., ETC.

361

sion given to vessel, to import commodities not the growth, produce, and manufacture of the country to which they belong, and other relaxations of the act of navigation, and other regulations

founded thereon: these, it is true, take place in war, and arise out of a state of ivar; but then they do not arise out of the predominance of the enemies force, or out of any necessity resulting therefrom; and this I take to be the true foundation of the
principle.

It is not every convenience, or even every necessity arising out of a state of war; but that necessity which arises out of the impossibility of otherwise providing against the ur-

gency of distress inflicted by the hand of a superior enemy, that can be admitted to produce such an effect. Thus, in time of war, every country admits foreigners into its general service
every country obtains, by the means of neutral vessels, those products of the enemy's country which it cannot possibly receive,

by means of his navigation or its own. These are ordito which every country has resort in every war, measures, nary whether prosperous or adverse: they arise, it is true, out of a
either

and have with those relaxations origin compelled of the colonial monopoly; these are acts of distress, signals of defeat and depression; they are no better than partial surrenstate of war, but are totally independent of its events,

therefore no

common

ders to the force of the enemy, for the mere purpose of preventing a total dispossession. I omit other observations which have

been urged and have their force: it is sufficient that the variations alluded to stand upon grounds of a most distinguishable
nature."

On comparing

the

argument of the counsel with the discourse

of the judge, there is but too much room to remark, that there are in the former a coolness and clearness not unworthy of the

Bench; and in the latter a florid and fervid stile, which might have been less unsuitable to the zeal of the bar. But it is more important to examine and weigh the effect which their respective reasonings, so far as those of the judge can be extricated

from the general and somewhat obscure expressions employed by him, ought to have on the point in question. The reasoning at the bar is simply this that as Great Brit-

362

WORKS OF MADISON.

1806.

is herself in the practice of opening to neutrals, in time of war, channels of navigation and colonial markets, which she shuts to them in time of peace; she ought to allow, or might

am

reasonably be presumed to allow, as equally lawful in time of war, a like relaxation of the colonial system of her enemies. The judge does not deny the fact that Great Britain is in
the practice of relaxing in time of war her system of colonial He does not deny the inference that a like relaxation trade.

would be equally lawful on the part of her enemies. It might have been expected, therefore, that in his reply he would have allowed to the enemies of Great Britain the same right to capture neutrals trading with her colonies, as is exercised by Great Britain against neutrals trading with the colonies of her enemies; and have contented himself with the advantage enjoyed by Great Britain in her superior means of intercepting the neutral trade with her enemies, and of preventing her enemies from inThis, it would seem, tercepting the neutral trade with herself. was a more consistent, and also a more politic ground to have
taken. The judge was of a different opinion. Unwilling to make even that degree of concession, he attempts to retain the
privilege claimed by Great Britain, and at the same time withhold it from her enemies; by certain distinctions between the

With what success the distinctions are made, cases. now to be seen. One of the distinctions is between a colonial trade which
two
frequently opened in peace, as in the case of free ports, colonial trade opened in war only.

is

is

and a

The example offree ports was not very happily chosen; for it has been seen that the trade from such ports in the French West Indies to the United States, was not excepted in the British
orders on the subject of neutral trade with the colonies of France; nor is it known that any such exception has been made
in the British courts of admiralty.

The
not an

distinction,

however,

fails in its essential point.

It is

thing for relaxations to take place in time of peace as well as in time of war, in the colonial monopolies of all the European nations. The Spaniards, the French, and the

uncommon

1806.

EXAMINATION,

ETC., ETC.

353

Dutch,* never fail to open their colonies to foreign supplies, whenever a scarcity, or other cause, renders it inconvenient to
supply them from European sources. Even on this ground then, as admitted by the judge himself, a neutral trade with enemy's

would be lawful in time of war. Another distinction is intimated between the ordinary measures of relaxation, to which every country has resort in every war, whether prosperous or adverse, and unusual measures of
colonies

relaxation produced by a peculiar state of the war. Here again the distinction directly militates against the ob-

which it is made, it being well known to be an ordinary measure, with the enemies of Great Britain, in all modern wars at least, to open their colonial ports to neutral supplies. Prior
ject for
to the American revolution, Great Britain had, in these States, resources which rendered it unnecessary for her colonies to in-

vite supplies, if indeed they could have been obtained, from any In her wars since that event, she has followed foreign sources.
far as

the example of her enemies in relaxing her colonial system, as was necessary to obtain supplies, from the sources and

through the channels which furnish her enemies. At this moment, her islands are as open as the colonies of her enemies to the supplies and the vessels of the United States, with this difference, indeed, that her ports are

opened by regulations more than those of some, if not all, of more and special, temporizing with therefore and her enemies; pretensions to legality, according to her

The

standard, inferior to those of her enemies. remaining distinction is the sole fortress on which the
is

own

defence of the principle maintained by the judge, must depend.

This distinction

so novel,

that in explaining it some selection of apposite expressions.

in its appearance so refined, difficulty was naturally felt, in the

and

critic,

tinctured with

want

of candor, might be tempted to exclaim, that a distinction between a necessity arising out of a state of war, and a necessity
well known that the Dutch island of Curacao as well as that of St. Eushas been constantly open in time of peace, to the trade of foreigners. The orders, however, of Great Britain, extend equally to those islands, with the other colonial possessions of her enemies.
It is *

tatius,

364

WORKS OF MADISON.

1806.

arising out of an impossibility, which impossibility arises out of a state of war, was a subject less proper for discussion, than for

a less serious treatment.

The judge, however, cannot be justly charged with a want of meaning, whatever may have been his difficulty or his caution It may be collected, with sufficient certainty, in expressing it.
meant to establish the right of Britain, and the want of right in her enemies to interrupt neutral commerce, on the predominance of force, on the decided superiority at sea, which she enjoys, and on the inferiority of force, under which her enemies
that he
labour.
it

When she opens

her colonial ports to neutrals, although

arises out of a state of war, it does not arise, like theirs, out

of the predominance of the enemy's force. This predominance he frankly declares to be the true foundation of the principle.

And

thus

we

are arrived at the true foundation of the princi-

ple which has so often varied its attitudes of defence, and when driven from one stand, has been so ready to occupy another. Finding no asylum elsewhere, it at length boldly asserts, as its true foundation, a mere superiority offorce. It is right in Great Britain to capture and condemn a neutral trade with her enemies, disallowed by her enemies in time of peace, for the sole reason that her force is predominant at sea. And it is wrong
in her

enemies to capture and condemn a neutral trade with

British colonies, because their maritime force is inferior to hers. The question no longer is, whether the trade be right or wrong
in itself, but

on which side the superiority of force lies? The law of nations, the rights of neutrals, the freedom of the seas, the commerce of the world, are to depend, not on any fixt principle of justice, but on the comparative state of naval armaments, which itself may change at every moment, may depend on the event of a battle, on the skill of an admiral, on the tack of the wind; on one of those thousand casualties which verify
the admonition, that the battle is not always given to the strong, any more than the race to the swift.

government, which avows such a principle of conduct among nations, must feel great confidence in the permanence, as well as the predominance of its own power.

1806.

EXAMINATION,

ETC., ETC.

355

It would nevertheless not be unwise in any nation, to reflect on the vicissitudes of human affairs, and to ask herself the hon-

est question, how she would relish the application of the principle, if in the course of events, a maritime superiority should happen to change sides? Should Great Britain ever find the

state of things thus reversed, she

might wish, in vain perhaps, to let her claim pass silently into abeyance, as she alleges was done in the war of 1778.

Nor would it be less unworthy of her wisdom to reflect, that a predominance of force on one element confers right, a similar right must result from a predominance of force on another
if

element.

her reflections.

to press more immediately on Great Britain as a maritime power is as dependent on external commerce, as the insular dominions of her enemies are, as colonies, dependent on external supplies. In this general view, the principle which she employs against the colonies of her enemies, may be turned by her enemies against But a more particular view demands her attention. herself. She has already beheld her principal enemy on a coast little distant from her own, by a decided preponderance of force on land, and a threatened co-operation of naval armaments, giving to the war an unexampled pressure on her faculties and reThe wheel of fortune may reproduce the crisis. Her sources. seamen may be taken from her merchant ships, to man her fleets. Her fleets may be called home from the protection of commerce,

The supposition may be made

to the defence of the State.

In this posture of things, her har-

may depend on foreign food; its imneutral on commerce; and the successful use of this portation the on resource, right of neutral ships to a navigation not open With such monitory possibilities in to them in times of peace. nation an view, ought by her own example, and her enlightened
vest

may

fail,

her existence

own

language, to authorize her enemies to say to her friends

you have no right to step into a trade with our enemy, from which his monopoly of the navigation excluded you in times of peace; you have no right to import for him supplies which are

366

WORKS OF MADISON.

1806.

absolutely necessary for his support, and which the distress I am inflicting, renders it impossible for him otherwise to obtain.

Neither have you any right by a trade, also forbidden in time of

peace, to furnish to his colonies the supplies which his command of the sea no longer ensures to them, and without which they

must

of course into our possession. reply could be made to such an expostulation, by a neutral, who had not refused to recognize a like claim on the part of Great Britain; and, by the refusal, consulted better the
fall

What

interest of Great Britain, than she advancing the claim?

had consulted

it

herself in

Taking leave of the very distinguished judge, with these observations, some notice is next due to Mr. Ward and Mr. Browne. A remark that soon occurs on opening the volumes of these writers is, that both of them confound the principle here in question, with the question whether free ships make free goods; and under this confusion, bring the former within the arguments and authorities belonging to the latter only. The confusion results not only from the more general expressions in which they describe the controversy between neutral and belligerent nations, on the subject of commerce; but is promoted by their
frequent use of the terms "carrying trade," without distinguishing between the carriage of enemies property in neutral vessels, and the neutral carriage of neutral property in channels navi-

gated in time of peace by domestic carriers only.

tions are evidently

and

essentially distinct;

These quesand the distinction

the reasoning employed by those and of the cited by them. authorities most, writers;
itself,

answers, of

much of

With respect to the consolato del mare, so much appealed to by Mr. Ward, it has been already observed that however direct its authority may be against the principle that enemy's property in neutral vessels is subject to confiscation, there is not a sentence in that compilation which directly or indirectly recognizes or favors a belligerent claim, to confiscate neutral property,

on the principle that

it is

found in channels of trade not

1806.

EXAMINATION,
all

ETC., ETC.

or to other than subjects or citizens of the .belligerThe negative testimony of the consolato, therefore, is completely in favor of the contrary principle. In recurring to Grotius, Mr. Ward, is led, by his own com-

open at

ent, in time of peace.

rights of belligerents trade the of to conclude that the real question neutrals, against before Grotius, was that which Grotius said had been so much

ment on the passage which describes the

and so sharply agitated, namely, whether a belligerent had a right to interdict all neutral commerce with his antagonist; and Mr. Ward accordingly takes the defensive ground of maintaining that the neutral "claim to a carrying trade had never entered the mind of Grotius."

by the "carrying trade" Mr. Ward means the carriage of enemy's property, it must have been within the view of Grotius; because he has furnished Mr. Ward himself with an authority
If
" against the lawfulness of such a trade. If by the carrying trade" he meant a trade carried on in war, where it was not allowed in peace, it is strictly true, that it appears never to have entered the mind of Grotius. It did not enter his mind,

because no such particular claim had ever been asserted or exercised against neutrals. The general claim to intercept all neutral commerce with an enemy, did enter into his mind and
into his discussion, as well as the other particular claims of belligerents in the case of contraband and of blockades; because
different periods, been asserted

as well that general claim, as those particular claims, had, at and exercised against neutrals.

To

suppose that the carrying trade could be unnoticed by Grotius, for any other reason than that no belligerent right to intercept that particular branch of trade, had been asserted, would be the more preposterous, for the reason suggested by Mr. " Ward, that Grotius lived in a time when his countrymen were
raising to its height the source of their commerce, by rendering their State the emporium of trade, and becoming the carriers

world;" carriers as well of their own property as of the property of others, and in every channel which might be opened to them with profit to the carriers.

of

tlie

rest

of

tJie

Notwithstanding

this relinquishment of the authority of

Gro-

368

WORKS OF MADISON.

1806.

the carrying trade, Mr. Ward has shewn a inclination to extract from certain terms employed by strong on the Grotius, subject before him, some general countenance to
tius, in relation to

the British principle.

Grotius, it must be admitted, is less definite in explaining himself in this particular instance, than he is in others; and

much

less so,

than other jurists

who have succeeded

him.

It is

impossible at the same time to put on his words, any construction that will avail Mr. Ward.

Although the passage has been heretofore analyzed, it will not be improper to re-examine it with a particular reference to the argument of this writer.
Grotius having
tral

made

his distribution of the articles of neu-

commerce into three

classes

1st,

of such as are wholly of

2d, such as are wholly military, and 3d, such as pacific use usus are, andpitis of a doubtful or double use, enlarges on this

3d

class in the

words following

"In

tertio illo genere,

usus

si tueri me non ancipitis, distinguendus erit belli status. possum nisi quse mittuntur intercipiam, necessitas ut alibi ex-

Nam

posuimus jus dabit sub onere restitutionis, nisi causa alia accedat. Quod si juris mei executionem rerum subvectio impedierit,
id que sciri potuerit qui advexit, ut si oppidum obsessum tenebam, si portus clauses, et jam deditio aut pax expectabatur,

tenebitur

ille

eximit,"* &c., &c.

mihi de damno culpa dato, ut qui debitorem carceri He proceeds next to graduate the injuries

done to the belligerent and the penalties due to the neutral,

according to certain distinctions since exploded, particularly the distinction between a just and unjust war, on which he
*

sort of things that are useful at all times,

This passage stands as follows in the English translation: " As to the third we must distinguish the present state

of the war.
are sent to

For

if I

my

enemy, necessity

cannot defend myself without intercepting those things that (as I said before) will give me a good right to

them, but upon condition of restitution, unless I have just cause to the contrary. But if the supply sent hinder the execution of my design, and the sender might have known as much; as if I have besieged a town or blocked up a port, and

thereupon

make me

satisfaction for the

quickly expect a surrender or a peace, that sender is obliged to damage that I suffer upon his account as much as

he that shall take a prisoner out of

my

custody."

1806.

EXAMINATION,

ETC., ETC.

359

"Quod si prseteria evidentissima sit hostis mei in eum in beUo iniquissimo confirmet, jam non tautum civiliter tenebitur de damno sed et criminaliter, &c." From this text, Mr. Ward makes the following deduction: "The tenor of these words 'status belli' which is a general de-

founds a rule;

me

injustitia, et ille

scription; of 'juris executions' which is the very right to take arms; of 'pax expectabatur' which is a final termination of " hostilities, not surrender of the besieged place; and lastly of
" " "
'bello

"

confirmet'
field

which

is

demonstrably applicable to the

of war: these (he says) prove him to be occupied " with the general plan of operations, and the general exigen" cies of a state of hostility."

whole

The great importance attached

to this passage in Grotius,

and the extensive consequences drawn from it by this learned champion of the British principle, will be apologies for a more
critical attention to the passage,
itself, to require.

than

it

could be thought, of

Whether Grotius did or did not

limit his

meaning

to the

nature of contraband articles, and the case of blockades; it is demonstrable that his words are inapplicable to the distinction

between a trade permitted, and a trade not permitted in peace. 1. According to Grotius, the articles in question are of the third class only, the class of a doubtful or double use: the prinArticles of ciple of Great Britain makes no such distinction. every class and kind found in the new channel of trade, are ren-

may be
2.

dered unlawful by the channel to the uses of war.

itself,

however inapplicable they

According to Grotius,

it is

one state of war compared to

another state of war, that is to be distinguished "distinquendus erit belli status:" According to Great Britain, the essence
is, between the state of war, and the state of the state of the municipal laws of or rather between peace; commerce in time of war, and the state of those laws in time of

of the distinction

peace.
3. According to Grotius, the right to intercept the neutral commerce accrues from its particular necessity, as a measure of

defence: according to Great Britain, the necessity 24 VOL. ii.

is

not the

370
criterion.

WORKS OF MADISON.

1806.

If there be no such necessity, the trade is condemned, Be the nein case the channel were unlawful before the war.

cessity

what

it

may, the trade

is free, if

the channel

was lawful

before the war.

4. According to Grotius it must be such a necessity as he had elsewhere pointed out "ut alibi exposuimus." The British advocates have not undertaken to shew any other passage of Grotius, giving the explanation which their principle requires.

No

such passage exists.

According to Grotius, the articles intercepted, if no other cause prevent, are to be restored. According to the British decisions, no such restitution is due. Both vessel and cargo are
5.

confiscated.

The war to which Grotius refers, when he uses 6. Finally " " is a war of the most evident beUo confirmet the expression " evidentissima injustitia; bello INIQUISSIMO confirinjustice
met" not
as cited by Mr. Ward. The distincand does not enter into the printion between just unjust wars, It ciple, on which Great Britain founds her belligerent claim.
bello confirmet,

by Bynkershoeck* who succeeded Grotius; countenanced by Yattel, is generally understood to be excluded from questions affecting belligerent and neutral
is,

in fact, disclaimed
tho'

and

rights.

Whether the text of Grotius, therefore, is to be understood as confined, or not confined to the case of contraband and blockade, it cannot possibly be applied to the case of a trade asserted
to be unlawful in war, merely as being a trade not permitted in

peace.
It may be observed nevertheless, in justice to Grotius, that his meaning, ought in fairness, not to be extended beyond the cases of contraband and blockades: First, because it is the only

construction that can satisfy one part of the text; whilst the terms used in the other part, are by no means, inconsistent with
that construction.
*

The expression

least apposite to the case

The whole passage is criticized, and, in several particulars, censured, by Bynkershoeck: whose comment, at the same time, shews that he understood GroLib. 1, C. 11. tius, not in the sense of Mr. Ward, but in that here assumed.

1806.

EXAMINATION,

ETC., ETC.

371

of a blockade, is that of "pax expectabatur," or " the expectation of peace," as an event which might be frustrated by the

But there may certainly be wars, where peace itself might depend on a blockade. It is obvious that a blockade of particular ports, such as that of Amsterdam, the chief emporium of the country of Grotius, might influence the
neutral commerce.

Or question of peace, as well as the question of capitulation. to state a case still more decisive: a state at war, may consist
of
little

more than the place actually blockaded.

Venice and

Genoa, formerly, Hamburgh at present, are examples. A close and continued blockade of such places as these, would necessarily involve a question of peace, with that of a surrender.

Again; the meaning of Grotius ought not to be extended, as Mr. Ward extends it, beyond those two cases of contraband and blockade " to the general plan of operations, and the general exigencies of a state of hostility;" because this construction is directly at variance with the principles heretofore cited

from Grotius; particularly in the note where he condemns the practice of England and Holland, in their general prohibition of neutral trade with their enemy. But the construction attempted by Mr. Ward not only puts Grotius at variance with himself; it puts Mr. Ward at variance
with himself also; as well as with the limits affixed to the principle

down

and between a trade

For if the belligerent right laid his own government. in the passage of Grotius be not restricted to contraband blockades, and cannot be applied to the British distinction
by
in

war and a trade

the general exigency of hostilities;

it is

in peace; but extends to impossible to deny to

belligerents a right to intercept att neutral trade with their enemy, whenever the state of the war, the accomplishment of
justice, or the expectation of peace, prescribe it; or

whenever a
the

neutral trade

may

be calculated to confirm an enemy in

war.

This consequence is inevitable. Yet Mr. Ward, expressly,* in another place, disclaims any such a latitude in the rights of war, with an exultation that his country had once, and once only,
*

See Ward's Treatise, &c.,

p. 3.

372
attempted

WORKS OF MADISON.

1806.

it; and, on seeing its injustice, candidly renounced the attempt. The observations which have been already made on Pufen-

dorf, and on his letter to Groningius, cited by Barbeyrac, afford a conclusive reply to the use which Mr. Ward faintly endeavors to make of that authority, on the point here in question. He in it to combat as an rather seems, indeed, general, authority

claimed by an opponent, than to claim

his

it

as of

much weight

in

own

scale.

Bynkershoeck and Heineccius, though jointly cited as explicit authority for the principle that free ships do not make free goods, are neither of them appealed to by Mr. Ward as supporting the principle that a trade not allowed in peace was unlawful in war.

This silence of Mr. Ward, considering his spirit of research, and his zeal for this latter principle, may reasonably be ascribed to his discovery that he could gain nothing by bringing it to the test of those authorities.

The same

inference

may be drawn from

his silence with re-

spect to the authority of Vattel, as to a trade of that description.

In Hubner, whose authority it is a great object with Mr. Ward to discredit, he finds a half concession, to which he does not fail to summon a marked attention. Hubner, it seems, referring* to the case of a neutral trade with an enemy's colonies, opened on account of the war, admits that it is subject to some
uncertainty, "quelque incertitude." He immediately subjoins, " however, that he does not see why neutral sovereigns should " refuse themselves so considerable a benefit when it offers; pro-

vided they abstain from supplying those colonies with any merchandize which is prohibited in war. It is true," he adds, " if, besides that, they are careful not to carry provisions thither,
"

"

articles of the first and second necessity, of in time war, are fully and more than equivalent to which, " contraband of war properly so called; then it is evident that "

"

by which I mean,

"

neutral nations

may

lawfully carry on that commerce, because

Saisie, b. 1, c. 4, sec. 6.

1806.

EXAMINATION,

ETC., ETC.

373

"
" "

the principal cause of its being opened to them during the war, will not have had the effect intended to be produced; by

means of which that commerce

that

will no longer

"

have any thing

may directly influence the war, and which consequently " be an object of the right which belligerent nations have may " of opposing every thing which tends to the immediate assistIn this ramble of Hubner, from the he which commenced his answer to the uncertainty plain he bewilders both himself and his subject, suggested by himself, real a foundation for and lays uncertainties, in his attempt to remove an imaginary one. How could distinctions be maintained, in practice, between provisions of the first and those of the second necessity, and between both and all other provisions? What is meant by the right which belligerent nations have of opposing every thing, which tends to the immediate assistance
airce

"

of their enemies."

path -in

of their enemies?

But were the concession free from these incumbrances, it could not avail the advocates for the British doctrine: First, because the concession
is

ing even to the coasting trade: Secondly, because

limited to the colonial trade, not extendit is limited

to the case of those necessary supplies to the colonies, which were the object in opening the trade to neutrals; whereas the

British doctrine extends to all trade to

If

and/rom

the colonies.

any thing further be requisite to invalidate this fugitive concession, or rather hesitation of Hubner, it is amply furnished

by Hubner himself, in sec. 5, of the same chap, and book, in which he systematically establishes principles, by which the rights of neutral commerce are to be determined. "But let us suppose," says he, "that the commerce of a neu" tral nation with one of the belligerent parties, however inno"
"

should indirectly strengthen the latter, does follow, that his adversary has a right to hinder it, to the " detriment of the neutral nation? who, in carrying it on, neither
cent
it

may

be,

it

"
" " "

had nor could have that particular object

which and which, merely exercises her industry as in time of peace; besides, will be very glad to trade with that same adversary,
in view;

upon the

like terms, as far as his commercial laws will per-

374
"

WORKS OF MADISON.
and the nature and interest of
its

1806.

mit,
"
"

own commerce may

re-

quire.
to render a neutral State responsible for the inof the crease strength of an enemy, because that increase " arises from the commerce which that State carries on with
"
" "

To attempt

him, is to impute to one, a thing which he has caused by mere accident."

Again "Neutral nations by trading with those*who are at war, merely avail themselves of their incontestible right. " Now whoever makes use of his right, and merely does so,
"
"

never can do an injury to another, which he can have a right

to complain of.

" "
"

The

and lawful acts, never can hinder us from doing them, at there is no one who has a right to prohibit us, &c."

possible consequences of just, innocent, least

With such Hubner was

of his

principles in his mind, it is not wonderful, that if startled, as Mr. Ward expresses it, by the terms

premises, he should be more startled at his own concession; and that finding himself at a loss to explain the ground on which such a claim as that of Great Britain could in any

own

degree be reconciled with the rights of neutral commerce, he " should be in a hurry to resume his principle, that there is no
reason

why

sovereign States
itself,

advantage presenting ing colonies with contraband." Hubner wrote in the war of 1756.

are neuter, should refuse the provided they abstain from supply-

who

Another Danish writer,

Hennings, published a treatise on "neutrality," in the interval between the war of 1778 and the war of 1793. His authority
is

precise and peremptory against Mr. Ward. After the capture of Grenada, and the Grenadines

by the

French, in the

war of 1778, an

act

was passed by

the British

parliament* "to protect goods or merchandize of the growth, produce, or manufacture of those islands, on board neutral vesto neutral ports during the present hostilities," provisoes, that the protection should not extend to cargoes
sels
*

bound

with

from

This act being temporary,

is

but

war

is not found in D. Pickering's statutes at large inserted at full length in Hennings' collection of State papers during the of 1778 vol. 2, p. 114.

1806.

EXAMINATION,

ETC., ETC.

375

court,

any other island, nor affect any sentence of any vice admiralty which prior to a given day should have condemned proThere
is

ductions of the said islands.

in the object and the text of this act. consistent, however, with itself, as well as with the acknowledgment on all hands, that a neutral trade in neutral

some obscurity

To make

it

property was free, during that period, with French colonies, it must be understood, as intended either to exempt the trade of those islands, which had become French, from the operation of British laws, and to put them on the same footing with other French islands; or to exempt from capture the property of the inhabitants of the islands, become French property and French subjects; an indulgence* that might be thought due to those who had but just ceased to be British subjects, and who might be restored to that character by a peace.t Hennings, however, conceiving the act to have been intended to legalize a neutral trade with French colonies, which other-

wise might be subjected by the British courts to condemnation,

is

led to the following assertion of the law of nations in oppo-

sition to such a principle:

"An
"
"

important subject which ought to be here noticed,

Is there

is

the

any principle on which the sugar islands in the West Indies ought to be " considered as blockaded? And if there is no such principle, " why is the permission of Great Britain required for neutral " ships to take sugars from the islands of Grenada and the Gren" adines, since those islands have fallen into the hands of the
So great was the disposition to assuage the misfortunes of these islands, and perhaps to expiate the omission to defend them, that the Dutch, their enemies, were permitted by an additional instruction to trade with them, as also with St.
Vincent and Dominica, freely as neutrals, for four months. 2 Hen., p. 105. think the f If the act is to be construed as a proof that the parliament did not the law of nations, and colonies neutrals with trade of justified by enemy general
therefore, as requiring a special legalization by this act, it strengthens the proof that the courts thought otherwise; since they continued to release neutrals taken
in the general trade with enemy colonies, in spite of the constructive denial of its legality by this act of parliament.
*

trade with the colonies in America.

376
"
"

WORKS OF MADISON.

1806.

French, and the French had opened a free trade to Martinico, and to their other islands, &c.? "
"

This law

is

evidently contrary to

the rights of neutral

" " " "

powers, and they might refuse to acknowledge its obligation, as France alone has a right to permit or prohibit trading with her colonies, and as long as she permits it, no neutral ought to be molested therein." Hubner and Hennings appear to be the only writers who have

taken notice of the principle in question. The former having written at a period when the principle was in operation, was

The attention of doubtless influenced by that consideration. drawn to the subject by the act of parliament concerning Grenada and the Grenadines, which
the latter seems to have been

he was inserting in his collection of State papers, and by the construction which he gave to the purport of that act.

The other numerous writers of most modern

date,

though

generally strenuous advocates for the neutral rights of commerce, make no allusion to the British principle: For it would be absurd to regard in the light of an allusion to, and conse-

quently a recognition of this particular principle, the language they happen to use in stating the general principle, that when war arises between some nations, the nations at peace with all,
are to proceed in their trade with all, on the same footing in time of war as they did before the war broke out. The obvious meaning of these phrases is, that with the particular exceptions
of contraband and blockades made by all of them, the neutral right to trade with a nation at war remains the same as if that

nation was at peace; and consequently the right to trade to whatever places, in whatever articles, and in whatever vessels, their
regulations might mutually permit. That such must have been the intention of such writers as Galiani, Azuni, and even Lampredi, as well as of Schlegel and the German writers, cannot

be questioned, without setting up a forced construction of a particular phrase, in opposition to the whole tenor of their publications; without supposing that whilst they contend for the general system of the armed neutrality, of which this is an essen-

1806.

EXAMINATION,
and have
for their

ETC., ETC.

377

tial principle,

main object the enlargement

of neutral rights, they could, by a loose stroke of the pen sacrifice a neutral right, far more important than those which they took up their pens to maintain. Such suppositions cannot for

a moment be entertained. Nor indeed have any of the partizans of Great Britain undertaken to advance them.
respect to the opinion of these very late writers, inimpossible to doubt that their sentiments are in opposition to the belligerent principle of Great Britain. If they have not been more expressly so, their silence is readily explained by the period when they wrote, that is, after the abandeed,
it is.

With

donment of the principle during the war of 1778, and before

their attention could be called to the subject by the occurrences of the war of 1793. As late even as the year 1799, it was af-

firmed at the bar of the high court of admiralty, that "in the late practice of this court, during this war, there have been a variety of cases from the French and Dutch colonies, in which
first

the court has either ordered further proof, or restored in the instance."* And in a prior case, in the same year, Sir William Scott in reply to an argument at the bar, that the ille-

gality of a trade between the mother countries and their West Indies had been in a good measure abandoned in the decisions

of the lords of appeal, does not pretend that any contrary deHe says only "I am not acquainted cisions had taken place.

with any decision to that effect; and I doubt very much whether any decision yet made has given even an indirect countenance
to this supposed dereliction of a principle rational in itself, and conformable to all general reasoning on the subject."! Even

have been known

the orders of council, commencing in January, 1793, could not to these writers; and if they had, were so

loosely expressed, so frequently changed, and had their effects at so great a distance from European jurists, that the innovation could not be expected to their attention and discussion.

become an immediate subject of

To

the incidental hesitation of Hubner, then, opposed by his

*

2 Rob., 122.

t 1

Rob., 250.

378

WORKS OF MADISON.

1806.

own

deliberate explanation of his principles, are to be opposed

the direct authority of one of his countrymen, and the unanimous authority of a host of modern writers, all of a date later

than Hubner, and

talents and
It will

many

their erudition

of them more distinguished for their on subjects of public law.

be found that Mr.

Ward

is

not more successful in his

definitions

and reasonings on

this subject,

than in his appeal to

the authority of Jurists. That the obscurity and uncongruity into which this heresy in public law betrays the votaries who engage in its defence, may

be the better seen, Mr. words:

Ward

shall

be exhibited in his

own

it be remembered, therefore, that the question on the of the belligerent is not, as has been grossly supposed, part " whether he has a right to interfere with the neutral; but

"Let

"

"

merely whether he cannot prevent the neutral from interfering with him? In other words, whether, when the former extends " the bounds of his trade not with but for a belligerent; not " only purchases what he wants for his own consumption, or
" " " "
sells his

cles

usual peace supply of articles; but sells to him artiwhich may be easily converted into the means of annoy-

" "

ance; or even turns carrier for his oppressed friend who uses the surplus strength which is thus afforded him against his

"

opponent; whether in such case the other belligerent has no reason to be offended, and to reclaim those rights which the " pretended neutral is disposed to deny him ? This is in fact
"

the true state of the question."* " In granting, therefore, the fair and reasonable enjoyment " of their privileges to neutral nations, there must always be
"
fair and reasonable caution that they use them so as not to hurt the belligerent; and that I may not seem to en" trench myself in generals ubi scepe versatur error,' I would " add that they have certainly no right to use them in any one, " the smallest degree more than they did in times of peace, nor

added the

"

'

"

even in so great a degree,

if

such augmented, or the ordinary

4.

*P.

1806.

EXAMINATION,

ETC., ETC.

379

"

" "
" " "

use of them, bears immediate mischief to either belligerent. For example, they may increase their purchases to any amount
in the belligerent countries, provided their own consumption required it, and provided they remain domiciled in
their

own
if

country.

But

if

they persist in carrying,

much

more,
ent,

they extend their faculty of carrying for the belliger-

"

"

where the latter was in the habit of carrying before; and in if, consequence, he is enabled to come to the battle, and to " stand the shock of war, with augmented strength, which he " never would nor could have possessed without it, I see little " or no difference between this and an actual loan of military " assistance. All the distinction is, that he substitutes his own " people in the place of taking foreigners, for every man which " the neutral lends to his trade enables him to furnish a man to " his own hostile fleets. In other words, it enables him to meet " his enemy with undiminished forces, and yet preserve entire
"

his sources of revenue;

when,

if it

was not

for this conduct of

"

the neutral, either the forces or the revenue of the belligerent " must be diminished.*
"

According to our principles, the same reason which applies to contraband, applies to all nocent cases whatsoever." complaint in general terms that a power, which had hith-

"

erto stood by, should step in and do that for the belligerent which he was no longer able to do himself, introduces the fol"

lowing passage:
"

to

come a

little

more

into the detail

and ap-

plication of this argument, let us suppose, as was the case with " France, a heavy duty on foreign freight had formed an almost " fundamental law of her own commercial code; which in times
" "

of peace, was a kind of navigation act amounting to an interdiction of foreign interference; and that of a sudden, while " engaged in war, wanting her sailors, perhaps her merchant
"

at the ships, for hostile expeditions,

same time wanting the

"

would thus pecuniary and other sources of her trade, which " neuthemselves be extinguished, she applied to nations calling
"
tral,

by taking

off this duty, or

*

even by bounties, to carry on

9.

P. 8,

380
"

WORKS OF MADISON.

1806.

"
"
"

Here is a proof how necessary this trade is to her and how impossible it is to preserve it, consistently exigencies, with her warfare. But where is the man of plain understanding, and uninterested in the question, who would not determthis trade.
ine, that if the

"

neutral accepted the offer, that instant he in-

"

terfered in the war, &c.?"*

"

all the carrying more but trade, they particularly apply to that specific claim " in the first article of the armed neutrality of 1780, to navigate

These observations apply very generally to

"

" "

freely on the coasts, and from port to port of nations at war. In so far as the coasting trade of a nation is more valuable

"
"

and more necessary

its

to its existence

than

its

foreign commerce;

in just so far is the interposition of neutrals

more powerful

in

"

favor."f

These extracts cannot be charged with perverting or mutilating the argumentative part of Mr. Ward's vindication of the
belligerent claim in question. The views of this claim, which Mr.

Ward

here gives, are,

it

must be confessed, so vague and so confused that it is difficult As far as it can be to fix on the real meaning of the writer. reduced to any thing like precision, he appears to be at variance with himself; and what is perhaps, not less extraordinary, at variance with Sir William Scott; sometimes going beyond the belligerent claims of the judge, and sometimes relinquishing a part of them. Thus, on comparing him with himself, he
to increase their purchases to
it.

first

allows neutrals
their

any amount; provided

own

states, that the neutral privconsumption require not to is not be used in the smallest degree more than only ilege

He

next

in peace, J)ut not in the ordinary degree, if it bears immediate mischief to either belligerent. Finally, he maintains, that the same reason which applies to contraband, applies to all nocent

cases whatsoever.

On comparing him with

Sir William Scott, Mr.

Ward

admits

that neutrals have a right to trade, so far as to purchase and

*

P. 11.

P- 12.

1806.

EXAMINATION,

ETC., ETC.

31

increase their purchases, to the amount of their own consumpIt has been sufficiently seen that Sir William Scott, and tion.

indeed his superiors both in the admiralty and executive departments, consider the trade of neutrals, beyond the permission
to trade in peace, as merely a relaxation of the rights of war. Here then he stops short of Sir William Scott.
If we are not to consider that, as his real meanirlg, but pass on to his next position, which denies to neutrals a trade, even in the ordinary degree, if it bears immediate mischief to a belligerent (by which the context will not permit us to understand any possible allusion to contraband) he here expressly contradicts Sir William Scott, who lays it down with emphasis, "that

the general rule is, that the neutral has a right to carry on in time of war, his accustomed trade, to the utmost extent of which

that accustomed trade

If

is capable." recur to his last and most rigorous position, that all nocent cases whatever are within the reason applicable to con-

we

traband; he must be

still

more extensively

at variance with Sir

William Scott.

means

In support of the claim, whatever be the extent in which he to give it, Mr. Ward urges the unlawfulness of a neutral

trade, which "is not with, but for an enemy." This has been a very favorite phrase with the patrons of the British claim. It probably was first used hi expressing the fiction by which neutral ships, licensed to trade

with the French colonies, were con-

verted into French ships. In its application to the subsequent pretext, which determines the channel of trade itself to be unlawnot easy to find any distinct signification: If by trading an enemy be meant, carrying in neutral vessels enemy's for property, the phrase has no connection with the present question; which is not, whether enemy's property in a neutral ship be liable to capture, but whether neutral property in a neutral
ful, it is

a particular channel, be a lawful trade: If by trading an enemy be meant, carrying to or from his ports, neutral for it cannot be property, where he used to carry it himself; then not than more for him, during the war; trading with, any thing
ship, in

as he traded with, not for the neutral nation, before the war;

382

WORKS OF MADISON.
is

1806.

nothing more than a relaxation of a navigation by trading with an enemy be meant, carrying neutral articles of trade, which he would neither carry himself nor per-

and the case

act:

If

mit to be carried by neutrals before the war, but the carriage of which he permits both to neutrals and to himself during the
this can no more be trading FOR, not WITH him, than it was trading FOR, not WITH each other, for either to carry to the other during war or peace, articles at one time prohibited, and then permitted by the other; and the case is nothing more than

war;

a relaxation with respect to the articles of commerce; as the former was a relaxation with respect to the vessels transporting the articles.

The same

distinctions

erally applicable where particular ports shut, at one time, to be opened, at another.

and inferences are gencome

The essence
sis.

this equivocal phrase, thus,

of the argument supposed to be compressed into evaporates altogether in the analyis true,

It either

means nothing that

or nothing that

is

to

the purpose. But the real hinge on which the reasoning of Mr. Ward turns, is, the injury resulting to one belligerent, from the advantage

given to another, by a neutral whose ships and mariners carry on a trade previously carried on by the belligerent himself, and
which, consequently, enables the belligerent to employ his own ships and mariners in the operations of war; without even relinquishing the revenue which has its sources in commerce. Be-

tween this and an actual loan of military assistance by the neutral, Mr. Ward can see no difference; and this is the most plausible consideration perhaps which could be urged in the cause which he defends.
for this defence, it is completely subverted considerations: other three by 1. The argument is just as applicable to cases where the vessels of the nation, before it

But unfortunately

without any

was at war, were actually employed, of those of the neutral nation, as to exclusion legal cases where there was a legal exclusion of foreign vessels before,
and a legal admission of them during, the war. In both cases, the belligerent vessels and seamen, as far as they are liberated

1806.

EXAMINATION,

ETC., ETC.

383

by the substitution of foreign

vessels

and seamen, may be added

to his military strength, without any diminution of his exports and imports, or of the revenues connected with them. Either, therefore, the argument must be extended (which will not be

undertaken) to the latter case, or

former.
2. It

it

loses its force, as to the

has been shewn that Great Britain does herself, thus relax her navigation act; and avowedly for the purposes of substituting neutral vessels and mariners in place of those which
she finds
it

expedient to employ in the operations of war.

Mr.

Ward must therefore either relinquish his argument, or condemn

own government. This fundamental argument of Mr. Ward is expressly thrown out of the question by Sir William Scott, who admits
the practice of his
3.

that Great Britain, like all countries, in all wars, relaxes her navigation acts and other regulations founded thereon, in order
to obtain the service of foreigners with their vessels, where she did without it in times of peace; but that these relaxations, though they arise out of a state of war, do not arise from that

predominance of force which he takes to be the true foundation

of the principle.*

Mr. Ward then asks, "where is the man of plain understanding, and uninterested in the question, who would not determine, that if the neutral accepted the offer, [of a trade from which the ships and seamen of the belligerent were withdrawn

When

for the purposes of war,] that instant he interfered in the war?" man may be named whose determination of the question, Mr. Ward, as may be inferred from his eulogies on Sir William

Scott,

would of

all

men be

the last to contest.

turning to the work of Mr. Browne, it does not appear that he has presented any views of the subject, which require He has, in fact, done little more than particular examination.

On

appeal to the authority of Sir William Scott, and praise and repeat the arguments of Mr. Ward. It may be thought, that some notice ought to be taken of a
2 Bob., 171.

384

WORKS OF MADISON.

1806.

lection of treaties.

discourse of the present Earl of Liverpool, prefixed to his colIt would be injustice to the distinguished

author of that defence of the maritime principles of Great Britain, to deny it the merit of learning, ingenuity, and a vein
of candor more than

always found in such discussions. His attention, however, was almost wholly directed to the question whether free ships make free goods, a question not within the
is

He has, indeed, a few cursory oblimits of this investigation. servations, such as could not be here noticed without going into unnecessary repetitions, in favor of the doctrine that a trade
not customary in peace cannot be lawful in war. These observations, he concludes, with one referred to by Mr. Ward as of great force, on the general question between belligerent and
neutral nations; namely, "that if this right were admitted, it would be the interest of all commercial States to promote dissentions

among

their neighbors."

If there be any plausibility in this argument, it is certainly all the merit that can be claimed for it. The wars which afflict

mankind, are not produced by the intrigues or cupidity of the weaker nations, who wish to remain in peace, whilst their neighbors are at war.

They are the offspring of ambitious, and not unfrequently commercial rivalships, among the more powerful If nations themselves. This is a fact attested by all history.
maxims of public law are
to

be tested, therefore, by their pacific

tendency, such maxims, it is evident, must be favored as circumscribe, not the rights and interests of neutral nations, but the
belligerent and commercial interests, of their

more powerful and warlike neighbors. As a further answer to the observations of this noble author, and as a final answer to all the arguments which are drawn
from the intrinsic equity or conveniency of this principle, the following considerations must have weight with all candid and
competent judges. In the first place it may be repeated, that on a question which is to be decided, not by the abstract precepts of reason, but by rules of law positively in force, it is not sufficient to show on which side an intrinsic reasonableness can be traced. It is ne-

1806.

EXAMINATION,

ETC., ETC.

385

be.

cessary to shew, on which side the law as in force, is found to In the present case, it has been shewn that this law is not

for,

but against, the British side of the question.

But secondly, it is denied that if reason, equity, or conveniency, were alone to decide the question, the decision would be different from that which the law in force pronounces on it. War imposes on neutral commerce a variety of privations and
embarrassments.
arise
1.

It is reasonable, therefore, as well as lawful, that neutrals should enjoy the advantages which may happen to

from war.

In the case of contraband, the articles of which, especially according to the British catalogue, may compose an important branch of exports in time of peace, the commerce of particular
nations remaining at peace may suffer material defalcations from the exercise of the rights of war.

In the case of enemy's property carried by neutral ships, Great Britain, at least, understands and enforces the law of nations,) a branch of trade more or less important to all commercial nations, and constituting the most profitable branch of trade with some in times of peace, becomes an object of belligerent interruption and confiscation. 3. In the case of blockades the abridgment and embarrassment to which the trade of neutrals, especially those at a distance, is subjected by war, form other important items of loss on their side. This is a belligerent claim, on which much might
2.

(as

be

said, if the notoriety of its effects, to say

it

nothing of

its

ex-

travagant abuses, did not render

4.

unnecessary.

interruptions, proceeding from searches of neutral vessels on the high seas, the erroneous suspicions and inferences

The

which send them into port

all

for trial, the difficulty of obtaining the requisite proofs thereon by the claimant, the delays and expences incident to the judicial proceedings, more especially

where the

a great distance, and above all when apbecome necessary, the changes in the peals state of markets during all these delays, which convert into loss the gains promised by the expedition, the suspension of the mercantile funds, the heavy sacrifices, and sometimes bankruptVOL. ii. 25
trial is at
still

more

distant

386

WORKS OF MADISON.

1806.

cies thence ensuing; all these injuries, which war brings on neutral commerce, taken together, must surely, during war, require a very great weight in the opposite scale to balance them,

and the weight of these injuries is sometimes not a little increased by the piracies which a state of war generates and emboldens.

The

injuries, besides,

which are here enumerated, are limited

to such proceedings as the laws of war may be thought to authorize. To a fair estimate of the evils suffered by neutral com-

merce, must be added all those abuses which never fail to be mingled with the exercise of belligerent rights on the high seas; the protracted interruptions, the personal insults, the violent or
furtive spoliations, with a thousand irregularities, which are more or less inseparable from the proceeding, and which can

seldom be so far verified and prosecuted to effect against the wrong-doers, as to amount to a reparation. If the evils, brought on neutrals by a state of war, were to be traced to their full extent, a long list of a distinct kind ought moreover to be thrown into the same scale. How many condemnations are made either directly contrary to the law of na-

by means of unjust presumptions, or arbitrary rules of How often and how seevidence, against neutral claimants
tions, or
!

verely are the neutral appellants aggrieved by measuring the restitution awarded to them, not according to the actual loss, but according to the deficient estimates, or the scanty proceeds

of sales, decreed by ignorant or corrupt vice admiralty courts,* in places and under circumstances, which reduce the price to a

mere fraction of the value Examples of this sort might easily be multiplied; but they may be thought of the less weight in
!

the present case, as they furnish a just ground of resort from

by a single fact stated on 29th April, 1801, that out of three hundred and eighteen appeals, thirty-five only of the condemnations were confirmed by the superior court. Notwithstanding this enormity of abuses, and the strong remonstrances against them, no change was made in the courts till about
these courts
*

The character of

may be

estimated

the floor of the British House of

Commons,

four months before the

war was

over.

somewhat

different,

but which

still

leaves them a scourge to the fairest

They were then put on an establishment commerce

of neutrals.

1806.

EXAMINATION,

ETC., ETC.

387

the ordinary tribunals of justice, to those ulterior remedies,

which depend on negotiations and arrangements between the But whatever may be belligerent and neutral governments. an important truth on the present
the provisions for indemnity, obtained in these modes, it remains subject, that besides the in-

termediate disadvantage to neutral traders from the mere delay of diplomatic and conventional remedies, the justice stipulated
is

always rendered very incomplete, by the ing the losses and damages sustained.

difficulties in verify-

The principle urged against a neutral trade in time of war, not permitted in peace, is the more unreasonable, because it gives to a tribunal established by the belligerent party only, a
latitude of
tice,

judgment improper to be confided to courts of however constituted.*

jus-

* The English courts of municipal law are much celebrated for the independent character of the Judges, and the uniformity of their decisions. The same merit has been claimed for the prize courts. In answer to the objection made in

the

officers, observes, courts, ing report inferior " courts and courts of appeal, always decide according to the universal law of " nations only; except in those cases where particular treaties between the " powers concerned have altered the dispositions of the law of nations." In the

a Prussian remonstrance against the condemnation of Prussian vessels during war of 1739, viz: that the Admiralty courts were exparie tribunals, and their decisions not binding on other nations, the Duke of Newcastle, in his letter enclos" that these the of the four law both

Report

by

the

and

that this Superior court [Lords of Appeal] judges declared, rule which governs the court of Admiralty, viz: the law of nations the treaties subsisting with that neutral power whose subject is a party beitself it is

"

same

fore them; " " that in England the crown never interferes with the course of justice. No order or intimation is ever given to any judge; " that " had it been in-

by agreement, to introduce between Prussia and England a variation, in any particular, from the law of nations, and consequently a new rule for the court of Admiralty to decide by, it could only be done by a solemn treaty in writing, properly authorized and authenticated. The memory of it could not otherwise be preserved; the parties interested, and the courts of admiralty, could
tended,

not otherwise take notice of

in the case of the

In the judgment pronounced by Sir Wm. Scott, [i Rob., 295,] the independent and elevated " In formattributes of his judicial station are painted with his usual eloquence. anxious recolhas not escaped my ing that judgment," says he, "I trust that it
it."

Swedish convoy,

lection for one

moment, what it is that the duty of my station calls for from me, and shiftnamely, to consider myself as stationed here not to deliver occasional but to ading opinions to serve present purposes of particular national interest; minister with indifference that justice which the law of nations holds out without

388

WORKS OF MADISON.

1806.

In cases, even where the tribunal has an equal relation to both the parties, it has ever been deemed proper, that the rules of decision should be as plain and as determinate as possible;
in order not only, that they might be the surer guide to those who are to observe them; but also a better guard against the
partialities

and errors of those who are to apply them. Say, whether it be not an abandonment of every reasonable then,

some happening to be neutral and some to be The seat of judicial authority is indeed locally here in the belligerent country, according to the known law and practice of nations; but the law itself has no locality. It is the duty of the person who sits here to determine this question, exactly as he would determine the same question if sitting at Stockholm; to assert no pretension on the part of Great Britain, which he would not allow to Sweden in the same circumstances; and to impose no duties on Sweden, as a neutral country, which he would not admit to belong to Great Britain in the same character. If, therefore, I mistake the law in this matter, I mistake that which I consider, and which I mean should be considered, as the
distinction to independent States,

belligerent.

universal law

upon the question." Does the judge either sustain these lofty pretensions, or justify the declaration of his government to Prussia, when, a few months after, in the case of the Im" manuel, [2 Rob., 169,] he observes to the bar, that much argument has been employed on grounds of commercial analogy; this trade is allowed; that trade is not more injurious; why not that to be considered as equally permitted? The obvious answer is, that the true rule to this court is, the text of the instructions. What is not found therein pexmitted, is understood to be prohibited, upon this general plain principle, that the colony trade is generally prohibited, and
whatever
is

He

is

not extricated from these inconsistencies

not specially relaxed continues in a state of interdiction." by alleging that the instruc-

tions, the text of

which was taken as

his rule,

was a relaxation of the law of

nations within the prerogative of the crown, and favorable to the interests of the neutral parties. 1. Because it was incumbent on him, if he meant to keep himself

right to test the instructions by the law of nations, instead of professing so ready and so unqualified a submission to the text of them. 2. Because, without examining the extent of the royal prerogative, which depends on the
to

above him the

all

executive interference with the course of justice, to have reserved

local constitution
tions

and laws, it has been shewn that, in some respects, the instruchave extended the belligerent claims against neutral commerce beyond the law of nations, as asserted on the part of Great Britain. How far the authority of the instructions has been pursued by the High court
of Admiralty, in opposition to precedents of the Superior court settling the law of nations, is a fit subject of enquiry, for which the adequate means are not possessed.

The opinion baa long and generally prevailed, that the Admiralty courts in England were not those independent and impartial expositors of the law of na-

1806.

EXAMINATION,

ETC., ETC.

339

in the tenure of their official emoluments,

precaution, while the judges have, in their national prejudices, and in their hopes of

personal advancements, an exclusive relation to one of the parties; say whether it be not unreasonable to leave to the
opinion,

perhaps to the conjectures of a tribunal so composed, the questions whether in a distant quarter of the globe a particular
trade* was or was not allowed before the war, whether if not allowed before the war, its allowance during the war, proceeded from causes distinct from the war, or arising out of the war; whether the allowance had or had not been common to all

wars; whether again,

tions

if

resulting from the particular pressure

to be;

which they have professed

but rather the

its

political organs of the

government, so constituted as to deliver

occasional and shifting views, with reference to the occasional and shifting interests of the nation, belligerent and commercial. And it is to be regretted that this opinion is but too much counte-

nanced by the series of royal orders and judicial decisions which the last and present war have produced. It would be an unjustifiable sacrifice of truth to complaisance, not to say, on the present occasion, that with all the merits of the illustrious civilian who presides in the high court of Admiralty, the Englishman
is often discerned through the robes of the judge. This want of confidence in the impartiality of the admiralty courts is the less surprizing, when it is considered that the Lords of Appeal, who decide in the

at least

last resort, are frequently statesmen,

not

jurists; that they

not only hold their

most absolute pleasure of the crown, but are members of the cabinet, and it may be presumed, are, in that capacity, the original advisers and framers of the very instructions, which in their judicial capacity they
seats in that court at the

are to carry into effect. With respect to the inferior prize courts, orders directly addressed to them are neither unusual nor concealed. As an example, take the orders communi-

cated to Mr. King

by Lord Hawkesbury, above

cited.

Another example

is fur-

nished by the orders communicated to this government through Mr. Merry in 1804, as having been addressed to the vice admiralty courts in the West Indies,

on the subject of blockades. See the case reported by Robinson, vol. 4, p. 267, of a vessel in the trade to Senegal, and the difficulty, expence, and delay in ascertaining whether the trade was or was not open before the war. A case (of Coffin, an American citizen) is now depending, which involves the question, whether the trade from the island of Java in the East Indies, to Muscat in the Persian gulph, was or was not open
as a rule
*

before the war.

This question was decided in the

first

instance

by a vice-admir-

probably be removed to Great Britain for a reexamination. The case, therefore, will have for its space three quarters of the Through what period of time it may extend, is a problem to be decided.
alty court at Ceylon;

and

will

globe.

There are precedents, as has been already seen, for ten years at

least.

390

WORKS OF MADISON.

1806.

of the war, the pressure amounted to a necessity; whether if amounting to a necessity, the necessity resulted from an impossibility,

imposed by a decided predominance and superiority at

These are not questions of fancy or sea, of the adverse party? of unfairness. They are questions which it has been seen, that
the enlightened judge in the British high court of admiralty has himself recognized as involved in the principle for which he contends. But they are questions in their nature improper to

be decided by any judicial authority whatever; and in their importance, they are questions too great to be left even to the
sovereign authority of a country where the rights of other sovereigns are. to be the object of the decision.
Finally:
in
still more extravagantly and the latitude, which it is now pernicious, by preposterous late in decisions the British courts, it to assuming. According a that an is in future to be rule, produce of enemy's colony, lawfully imported into a neutral country, and incorporated into its commercial stock, as far as the ordinary regulations of a sovereign State can work such an effect, is to be subject on re-exportation to capture and condemnation; unless it can be shewn that it was imported in the preceding voyage, with an intention

The belligerent claim, to war not open in peace, is rendered

intercept a neutral trade

Consider for a moment the should not be re-exported. a neutral offered to sovereign in subjecting the integindignity of its internal rity regulations to the scrutiny of foreign courts,
that
it

and

to the interested suspicions of belligerent cruizers; consider the oppression on the individual traders, inseparable from a trial in a distant court, and perhaps an appeal to another court
still

more

distant,

where the intention of an antecedent voyage

is to

all the labyrinth of mercantile transacneutral vessel goes to sea with a cargo consisting, in whole or in part, of colonial produce. It may be the produce of a neutral colony. It may be the produce of the country ex-

be traced through

tions.

porting

it:

rice, &c., as

The United States already produce cotton, sugar, well as the West Indies. The cruizer does not forproof will probably be thrown on the claimants; it may be a licensed capture,

get, that the

that besides the possibility that

1806.

EXAMINATION,
may have

ETC., ETC.

391

the difficulty of proof

the same effect in producing

condemnation.

He

recollects also that in the event of

an ac-

quittal the costs* will, where there is the least color for seizure, be thrown on the claimants; and that, at the worst, he can

only be put to the inconvenience of giving up a few men to take charge of the prize, in exchange for a few others, not unfrequently impressed into tJie vacancy. In a word, his calculation that he may gain, and cannot lose. Will not, under such circumstances, every hogshead of sugar, or bale of cotton, or

is,

Could ingenuity <fec., be a signal for detention? devise a project holding out a more effectual premium for the multiplication of vexatious searches and seizures, beyond even
barrel of rum,
the ordinary proportion of condemnations?

A project,

in fact,

more unjust in itself, more disrespectful to neutral nations, or more fatal to the liberty and interests of neutral commerce?
Britain be patient under such proceedings against she held in her hands, the means of controuling them? If she will not answer for herself, all the world will answer for her, that she would not, and what is more, that she ought not.

Would Great

her, if

It is

well

known

the colonial trade.

to be the practice to favor the activity of cruizers against Sir William Scott in the case of the Providentia, in which

" the ship and cargo were restored 2 Rob., 128, says Cases respecting the trade of neutrals with the colonies of the enemy are of considerable delicacy; and I therefore think it has been properly brought before the court."

BURR'S CONSPIRACYr-BOLLMAN'S COMMUNICATION.

Substance of a communication made on the 23 of Jan?, 1807, by Doctor BoUman to the President: J. M., at the request of the
President, attending:

Doctor Bollman having just arrived from N. Orleans under the charge of L* Wilson, in pursuance of an order from Gen 1 W., had conveyed to the P. his desire of an opportunity, which was
immediately allowed, to disclose to him certain interesting particulars relating to the plans of Col. Burr, in which the Doc' was charged with a criminal participation.
Previous to the disclosure, the P. assured him that nothing which he might say or acknowledge should be made use of against himself; and it was further observed to him that it was a settled rule in Court, that no communication confidentially made to an officer of the Gov1 in his official capacity, could be extorted from him as a witness. The Doc' opened himself by observing that he had known Col. Burr for some years, and that he had reason to believe that his thoughts had for five or six been turned to Mexico, as an
,

object of enterprize worthy of his preparatory researches; but that his confidential intercourse with Burr on the subject commenced at Washington during a visit which he, Bollman, made

view to effectuate, through the Marquis de Yrujo, a share in the royal licences from Spain to trade with her
there, with a

394

WORKS OF MADISON.
in

1807.

which licences his House was, with others, included; all of them, however, being in fact suppressed in favour of that of Craig, of Philadelphia, in which it was well

American Colonies;

that Yrujo was a partner of the prodigious gains made; and this House itself being since shut out by a later arrangement of the Spanish Government with the Hopes and Barings, who had been able to afford advances of money, as well as more

known

satisfactory provisions for transferring the treasures of Spain to Europe.

New

Washington he had occasional interviews were chiefly at night, and very transient, They constant to the occupations of Burr with others, and with owing his plans and papers. In consequence, however, of what passed between them, and of further explanations of Burr at Philadelphia, he was induced to enter into his views; and under the colour of an arrangement with a farming brother on the Ohio, who wished to gain a better establishment for himself, on lands held out for settlement by Mr. D. Clark, near the Washeta, he proceeded to New Orleans, where he arrived in September, with the duplicate letter from Burr to Wilkinson, which he delivered
During
his stay in

with Burr.

on the arrival of

W.

at

New

Orleans.

what he knew of Burr's plans and views was derived entirely froln Burr himself; Burr, as he believed, having an unbounded confidence in him, and making of course no other the depositary of what was not disclosed to him. In explaining these plans and views, he stated that Burr had taken great pains to acquire a knowledge of Mexico in all its
stated that

He

circumstances, which might invite an attempt to revolutionize he had been successful in gaining information, and was it; that

made very sanguine by

it; that he considered such an enterprize as under every aspect happy for Spanish America; as highly beneficial to the United States; as extremely favorable even to

Europe; and as promising a glorious place in the history of He more particularly stated that Burr magnificent events. abundant had obtained proofs of the hatred of Spain to the

United States, her aversion to the transfer of Louisiana to them,

1807.

BOLLMAN'S COMMUNICATION.

395

and her hopes of undoing that transaction; that France was also unfriendly, considered the sale of Louisiana as little more than a loan on mortgage, had views of getting it back on the
return of peace in Europe, and, ultimately, of bringing all Spanish America under her sway; that for this purpose it was not

ment of Spain would be

to be doubted that the present feeble and degenerate Governset aside in favor of a French dynasty,

under the tutelage of France, and thereby all the wealth and power of Spanish America be turned into French resources for
accomplishing tLe objects of France in Europe, as well as on this Continent; that even now the money of New Spain was a

fund essential to the operations and victories of that scourge of Europe and humanity; and that in cutting it off, all the world would share the happy effect; that under all these circumstances it was equally just, necessary, and honorable for the U. S. to

war against Spain, and to separate from her her most wealthy possessions, as was easy to be done; and that the most expedient mode of beginning and conducting hostilities would be under the auspices of an individual who might find the means 1 independently of the Gov for the purpose; that Burr was able
enter into
to provide these

means; that he had accordingly engaged in so

doing; that he would be able, as he had latterly written to his friends at N. 0.; that he could and should be at Natchez about
the 20

December with about 2,000

volunteers, to be followed

by about 4,000 more, to

he could superadd two or three times as many, if necessary, and he had possessed the pecuniary resources; that his plan then was to proceed to N. O., avoiding as much as he could violence and the invasion of private rights,

whom

but that

French Aras far force as and necessary, to using tillery deposited there; the all under there, expected, that seashipping requisition lay in a few days six Vera Cruz to to sufficient be to convey son,
it

was

his intention to seize for his use the

or seven thousand men, a force which, once effectually landed, could easily march to Mexico, and, with the aid of the discontented, bear

down

all opposition.
officers,

Was

it

understood that any of the

particularly the

396

WORKS OF MADISON.

1807.

higher ones of the Spanish Government, would join in the revolutionary project? No. Influential characters only, not in office,

to be ready to co-operate. be to unacquainted with much of the detail of professed the project, and seemed to be so of both the proceedings of Burr

were understood

He

and those against him, which have lately taken place in the W. Country. He denied any knowledge of an intention to seize the money in the Bank at N. 0. The part which Wilkinson had taken, he said, was contrary to all Burr's calculations, and would so embarrass him that it was difficult now to know the course it would produce. As a proof of the reliance of Burr on Wilkinson's joining him, and according to the belief of Burr of the good grounds for it, he said that just before he parted from Burr at Philadelphia, in July, Burr told him he had just received a letter from Wilkinson pledging himself to the enterprize, which he (Wilkinson) applauded with an enthusiasm. On being asked what was meant by Wilkinson's joining Burr, he said, [by] resigning his commission in the Army of the United States and taking a command under Burr. Was it expected that Wilkinson would carry over with him the army, or any part it ? No it was only thought
;

probable that a certain portion of the individuals might desert and join the corps of Burr. Was it not apprehended that the army would be an obstacle to the progress of Burr? Very little,
if at all;

and

it

was expected

gaged

in hostilities

that the army would be either enwith the Spaniards, or detained by the un-

settled state of things on the Sabine; or so scattered into detachments that they could not make head against such a supe-

and collected force. being asked whether he was himself to have gone with Burr to Mexico, he said, no; that he was allotted for another, a sort of diplomatic service. What was that? It was the intention of Burr, as soon as he had embarked at N. 0. for the
rior

On

execution of his plan, that he, Bollman, should be sent to Washington, charged with such communications arid representations
to the

Government

as might induce

it

to concert measures with Burr,

and

to espouse the enterprize, thus, by a war, to consum-

1807.

BOLLMAN'S COMMUNICATION.

397

mate and extend its objects. These communications and representations were to consist of documents, facts, discourses, and
arguments, which, taken together, could not fail to convince Congress and the Executive that such was the deadly hatred and the dangerous designs of Spain and France, and such the
opportunity of frustrating them by securing all we wished and must have with respect to Louisiana and the Floridas, and at
the same time of effecting a glorious revolution in the Spanish provinces, and depriving Bonaparte of the resource which principally supports

him

in his irresistible career, that the

whole

readily accede to his propositions. What was the intention of Burr, in case of his success in Mexico, with respect to the political establishment to be made there? This was to partake of monarchy, the people not being fit for

Gov would
1

a republican Government; but the most influential and most intelligent of the well-disposed persons of the Country were to be consulted, and proper use made of their advice and co-operation.

Were there now, or had there been, with Burr, any persons of consequence belonging to Mexico? He did not know that any were now; or that more than one Spaniard had been with
him on the business.
There was one who had given him information as to the state of things there. How could it be supposed that so extraordinary and illegal

an enterprize as that undertaken could proceed with the acquiescence or without the knowledge of the Government? Or, if presumed to be not disagreeable to it, why was it, instead of
being communicated, so industriously concealed? He had often discussed this point with Burr; who supposed that the measures

were so taken and would be executed with such rapidity, that the enterprize would get beyond the reach of the Government; and that it was more expedient in every view that this course should be pursued, even on the supposition that the dispositions of the Government were in his favor. Burr, he said, would have not concealed his views from the President, if the necessary authority had laid with him; but he, the President, could do nothand to make the coming, or would be obliged to oppose them;

398

WORKS OF MADISON.

1807.

munication to Congress would have produced a ruinous publicity.

Whence have
poses so far

the funds been obtained or expected for purbeyond those of individuals, such as the enlistment,

equipment, subsisting, and transporting, even to New Orleans, a body of 6 or 7,000 men? No other than private funds, contributed by the friends of Burr, with the use of Bills at long

had been employed; many of these bills were drawn at 120 to 150 days' sight, and Burr had expected, by the rapidity of his successes, to be able to provide for the discharge of them.
sights,

that he was not acquainted with such details of the and particularly disowned a knowledge of the contributing plan; friends of Burr, or any circumstances affecting his son-in-law,

He repeated

Alston.

no pecuniary success been obtained or attempted from foreign Governments, and what were Burr's prospects or connections with those Governments? Had nothing taken place with the Government of Great Britain, or [of] Spain, through their Ministers here, or by agents of Burr abroad? Yrujo, whom Burr, in order to lull, had duped into a belief that his object

Had

was

to revolutionize Louisiana, and separate the Western States from the Union, entered eagerly and zealously into the plan; visited him continually, and 'pestered him with his advice and exhortations; offered him the use of 10,000 stand of arms, and

money

to any necessary amount; was, in fact, so full of zeal, that he would have gone to Spain in order to put his Government in the course of effectual co-operation. Burr, however,

either

despised the dirty character of Yrujo, and never would accept money or any thing else from that quarter.

Did

it

appear that Yrujo acted merely from himself, under a

general confidence in the dispositions of his Government, or that he had applied for and obtained particular instructions on

know that there had been, or was time of for, any communication Yrujo with his Government subsequent to the first communication of Burr with him.
the subject?

He

did not

He dwelt here on what he had very early intimated, that it never was a part of Burr's plan to detach the Western Coun-

1807.

BOLLMAN'S COMMUNICATION.
view in his

399
inter-

try, or to revolutionize Louisiana; Burr's sole

course with Yrujo was to keep him from watching him and

sounding alarms to the Government, by letting him enjoy the pleasing belief that the operations of Burr were levelled against the U. S., not against Spain. Yrujo was not without

He

jealousy.

one evening posted himself for two hours opposite Burr's lodging, to ascertain the coming out of Merry; after this, Burr was obliged to take measures for duping him thoroughly, and
succeeded.

Did Burr contemplate a union of Mexico with the United States; or did he not rather intend a union of Louisiana and Mexico in an Independent State? Neither; he had in view a connection of friendship, but Mexico was too distant. The idea appeared to be absurd. If Burr had wished to unite Mexico and Louisiana, it would also have been folly to attempt it; because he must, in that case, have left part of his force to guard Louisiana, and thereby have ruined his expedition to Mexico. But might not the plan be to proceed with the whole force to

Mexico, and after success there to re-act with its resources on Louisiana? He could not see any grounds for such a plan. Had Burr any, and what, communication with the British

Government?
tered

warmly

He communicated freely with Merry, who eninto his views, assured him that its dispositions

could not but be entirely favorable, and that he would make such representations to it that it could not fail to see its interest in the event too clearly not to be active, provided it could be done without cause of umbrage to the United States. He (Bollman) understood that no doubt was entertained, previous to the death of Pitt, that decisive measures would have been taken for espousing the plan of Burr, not with unfriendly views towards the U- S., but to promote the interests of Great Britain,

closely both against the Enemy of Pitt of the latter. The death changed the face of things so much, that he could not say whether Burr had taken any steps

and eventually

to unite

more

Government, or what his hopes from it were, further than that it would not oppose him, and that its ships of war in that quarter might keep off those of Spain and France.
since, as to that

400

WORKS OP MADISON.

1807.

He had

understood that Truxton would go to Jamaica to make some favorable arrangement with the British Commander there, and spoke of him as being there at this time. What kind of aid was it understood was to be derived from the British Government? was it money, a regular expedition of ships and troops fitted out for the occasion, or merely the incidental protection of ships of war, as in the case of Miranda? He could not be precise on this subject. He presumed all these aids, if requisite, would be furnished: money, as well as the rest. How would the money probably be brought into the use of Burr? In the usual mode, he presumed, of bills drawn on Great Britain. Was it understood that the measures of Great Britain were to be the effect of an arrangement particularly expected between Burr and that Government, or at least of a mutual understanding of the parties resulting from the communications between Burr and Merry? He could not say any thing parHe presumed that the measures of both ticularly on this head. would be guided by the understanding at least between them, which commenced between Burr and Merry. He took pains, at the same time, to impress the idea that Merry had no wish to injure the interests or infringe the authority of the United States, but solely to advance those of Great Britain, and to draw as much as possible the two nations into a common interest on this occasion. On Burr, he said, had sent a person to the British Court. he wished know whether asked his to the assuname, being
rances that his communications should not be used against himself extended to others, and being told not, he professed scruples at giving the name; intimating, however, that he was not a native, was of the mercantile class, and not a conspicuous char-

acter;
Pitt,
sion.

and that having arrived in England after the death of had probably never disclosed or done any thing in his mis-

Had
Not

Burr's plans any relation to those of Miranda? No. the least. Burr thought meanly of Miranda, of his plans,

and of his prospects. The primary object of

n in wishing to see the Presi-

1807.

BOLLMAN'S COMMUNICATION.

401

dent seems to have been to explain his own conduct, which he supposed to have been viewed as blended more with Burr's

was the fact: his next object, to present Burr's plans and proceedings in a light as little criminal as possible. He manifested a bitterness towards Yrujo and Spain the retransactions than

verse towards Merry and Great Britain. He betrayed, also, the strongest resentment against Wilkinson, but tempered his remarks with a respect to his relation to
the Government, and to the presumed sentiments of the President. He complained, however, of Wilkinson's conduct towards

him as harsh insinuated as the motive a conscious treachery of Wilkinson towards Burr, and expressed a confidence that many were suspected at New Orleans, and some denounced, without cause. He particularly acquitted E. Livingston and Prevost. The latter, he said, Burr, who avowed the maxim of
trusting nothing to any body, beyond the necessity of the case and the measure of discretion, never would unbosom himself to,

because Prevost was not considered as possessing the requisite

discretion.

VOL.

ii.

26

LETTERS, ETC,
TO JAMES MONROE.
WASHINGTON, March
20, 1807.

DEAR
and Mr.

will receive herewith a letter for SIR, yourself Pinkney, acknowledging the receipt of your communi-

You

cations by Mr. Purviance, and suggesting the intermediate course to be pursued, until the further instructions

contemplated

by the President can be matured. The delay will be short; but it is desirable to accommodate the instructions to the result of some enquiries as to certain facts, and the probable operation
of certain arrangements. The President writes you by this conveyance, and touches, I

presume, on the particular difficulties which restrain him from closing the bargain with G. Britain on the terms which she so
In general, she has indulged a hard and spirit, of which it is probable Mr. Fox would never have been the Minister. But in refusing an explicit
obstinately insists on.

pledge against the horrible practice of impressments, and in giving to the declaratory note the form and face chosen for it,
she has, in the view of the President, laid him under the necessity of recurring to the course and chance of negociation. The declaration, if not put aside by the turn of events, may be put

some candid and delicate shape which would remove that But the case of impressments consists altogether of difficulty. thorns. Considering that the public mind has reached a crisis of sensibility, and that this object essentially contributed to the
into

Extraordinary Mission, as well as to the non-importation act, there is every motive to seek in every mode an effectual remFor reasons already hinted, the promise in the note of edy. Lords* H. and A., of Nov r 8, is not such a remedy, in the view
*

Holland and Auckland.

404

WORKS OF MADISON.

1807.

produced here by circumstances which could not be so well appreciated where you are. In several other points the terms insisted on by G. Britain are liable to all the objections which you opposed to them, and it is the wish of the President that they may undergo revision, on grounds which will be stated in my letter by Mr. Purviance.

The President and

ficulties

all of

us are fully impressed with the

dif-

which your negociation had to contend with, as well as with the faithfulness and ability with which it was supported, and are as ready to suppose, in as far as there may be variance
in our respective views of things, that in your position we should have had yours, as that, in our position, you would have
ours. What may be the effect of further efforts in another form, or on other grounds, if these can be devised, remains to be seen. The President has, doubtless, given you to understand as well the choice left you as to a participation in these effort^, as the

satisfaction

which will be

felt in

case your arrangements admit

of your stay for the purpose. If he has been silent, it is because he assures himself that his sentiments cannot be misconstrued

by you.

The uncertainty whether you may not have

carried

into effect the purpose intimated in your private letter by Mr. P., before this reaches London, concurs with the urgency of the

opportunity in rendering

it

shorter than

it

would otherwise

be.

TO GEORGE JOY.
WASHINGTON-,

May

22d, 1807.

y SIR, duly received your favor of Feb 10. Not recthe which were induced sentiments to comprecise you ollecting first Mr. and then to Lord to Fox Holland, I cannot municate,

DEAR

I know only that I felt the fully appreciate the step taken. dispositions expressed, that I did not look beyond your own

perusal of the letter, and that I am entirely persuaded of the laudable motives which governed the use of it. You will, I am

equally persuaded, be sensible that the very consideration which promised advantage from the communication would not permit

a repetition.

1807.

LETTERS.

4(5

The Treaty signed with the British Commissioners has not received the approbation of the President. Full justice is done to the talents and exertions of ours, but the terms admitted on
the other side do not satisfy the expectations on this. The case of impressments, particularly, having been brought to a formal
issue,

and having been the primary object of an Extraordinary Mission, a Treaty could not be closed which was silent on that
a subject which, whenever it shall no longer be seen the mist with which practice enveloped right, must exthrough cite wonder that the patience of the United States has remained
subject
officer from a foreign ship should he pleased, on board an American ship pronounce any person on the high seas, not to be an American citizen, but a British

so long unexhausted.

That an

subject,

and carry

his interested decision

on the most important

of all questions to a freeman into execution on the spot, is so anomalous in principle, so grievous in practice, and so abominable in abuse, that the pretension must finally yield to sober discussion and friendly expostulation. Our Commissioners are

accordingly instructed to resume the negociation, with a view to cure this and some other essential defects; and to revise several articles into

which the British Commissioners pressed ad-

vantages too unilateral. It is truly to be desired that the result may establish a perfect cordiality between the two Countries,

founded on solid justice and fair reciprocity. But it is not to be overlooked, that so happy a state of things will be of short continuance, if the arrangements on paper be not accompanied
with a suppression of the outrages which the Naval Commanders of G. Britain are so much in the habit of practicing on our Insults have just been shores, and even within our harbours. received which rouse feelings that are only controuled by a confidence that such atrocious conduct will be elsewhere avenged. Will you accept a statistical publication which contains some
this Country? interesting views of the progressive faculties of with assurances of the respect and esteem with which I remain,
.

mo. ob* servt.

406

WORKS OF MADISON.
TO JAMES MONROE.
WASHINGTON,

1807.

May

25, 1807.

not certain that this will find you SIR, Although in London, I cannot commit to Mr. Purviance the official desit is

DEAR

patches without a few private lines. It has been a painful task with the President to withhold

from the joint work of yourself and Mr. Pinckney the sanction which was expected, as it has been to me to communicate the I console event, with the considerations which produced it. that will see in both the same you myself with an assurance conscientious discharge of duty which is stamped on your proceedings, and with a hope that your further efforts, aided by the new proposition which is authorised, may yet close our common labours with success and satisfaction. An adjustment with G.
Britain continues to be rendered important by the state of our affairs with Spain, &c., as well as by the danger which a failure
threatens to the peace between the two nations. This danger be the late in the British Counincreased, too, by may change
cils, if

the

new

and not be checked

administration should be able to keep its legs, in its inclinations by the fear of encounter-

ing the consequences to themselves of a rupture with the U. But it is not consistent with the judgment of the ExStates.

temper of the nation, to purchase an adjustment at a higher price than is explained in the instructions of which Mr. Purviance is now the bearer. We shall soon learn, I presume, whether a supersedeas to

ecutive, or, as is believed, with the

Mr; Erskine

will be

among

the change in the Cabinet.

the minor changes proceeding from It may be said with truth, that it

would be difficult to find a successor who would give or feel more pleasure in the station than the present incumbent. The
latter consideration

may, however, be a motive, whilst the

for-

mer may not be a sufficient objection to his removal. I could on no occasion so properly refer to the bearer of a He has letter for information as to Mr. P. on the present. been long enough here to know every thing worth telling you, and will be sure to tell it as he knows it. He returns in the

1807.

LETTERS.

497

character which he brought with him; to which the commissioners of the sinking fund have added a trust, the value of which he will explain. The opportunity of him that mark of

giving esteem was embraced with the greater pleasure, as it would have been difficult to find another, especially an equivalent.

TO JAMES MONROE.
WASHINGTON, July
25, 1807.

Since the communications by the Revenge, which SIR, sailed on Monday last, nothing very material has occurred. The
British squadron, on receiving the Proclamation, fell down to the Capes, near which, (in Lynhaven Bay,) several of the same

DEAR

or substituted ships remain. It is not known whether any orders have been received from the Admiral relative to their conduct under the Proclamation.

They continue to defy it, not only by remaining within our waters, but by chasing Merchant

vessels arriving and departing. They make efforts, also, to get in small parties on shore, for the purpose, as supposed, of obtaining water and provisions. In a late instance, two officers and

three men, said to be from the Leopard, were surprised and taken. It became a question whether they were to be consid-

ered as prisoners of war.

The Executive

council of Virginia

were for so viewing them, and for retaining them. The Governor was not of the same sentiment. The President has decided that it is expedient, under all considerations, not to
enforce the principle that a war de facto exists, in this first instance; but leaves himself free to proceed according to expediency, if like instances occur. will be to invite landing parties,
thority.

To
and

release indiscriminately insults to the public au-

public mind is settling itself every where into a determined stand at the present crisis. The Proclamation is rallied to by all parties. Reparation or war is proclaimed at every meeting, or rather by every mouth, which is not British; and

The

the reparation must be such as ought to satisfy the just feelings

408

WORKS OF MADISON.

1807.

its honor, and knows its importance. that the British Government will not mislead anxiously hope itself into a belief that it can evade our demand, or attempt to

of a nation which values

I

abridge or disguise the satisfaction rendered, by the mode and circumstances of rendering it. If, for example, a minister specially sent to disavow and repair the insult should supersede
the ordinary Minister, and remain here, it would be regarded as a species of subterfuge. His immediate return will be necessary, to shew to the world that his mission was for the purposes

avowed. I have been unwell for several days, and am much fatigued by the business I have been lately obliged to go through, and by the heat of the weather. I must, therefore, however abruptly, add only that I remain, D r Sir, your sincere friend and servant.

TO JUDGE PETERS.
Sept' 5, 1807.

you had been led to a more thorough development of the principles which enter into the subject now engaging the
I wish
I mean the desertion of seamen. public attention Although the question produced between this and a Foreign nation by the

late outrage against

one of our Frigates does not turn on that

in several views, in placing the questions incident to the desertion of seamen on the true ground. Judging from what is seen and heard, few subjects of
point, there

would be an advantage,

importance stand more in need of elucidation; although few, one would suppose, could less require it. Desertions from Merchantmen are merely breaches of private
contract; and
alien, it

when

the parties and the contract are wholly

may

or

may

not be enforced within our jurisdiction, as

the policy of the Country may dictate. As an encouragement to commerce, and as a claim to reciprocity, there is sound policy
in enforcing the contract; and there are special considerations for enforcing it specifically here, even where this would not be

done in the Country to which the parties belong.

Still,

th^

1807.

LETTERS.

409

of nations leaves us free to provide or omit the means necessary for the purpose. In G. Britain no such provision has

Law

been made. In several cases applications have been made in vain for the restoration of seamen deserting our Merchant vesmagistrates alledging that it was not authorized by law. I recollect particularly that on the late renewal of the war with Spain, by the seizure of the Spanish treasure, so many of our seamen at Liverpool were tempted to
sels in British ports; the

desert and enlist on board British Privateers, that our trade was seriously embarrassed, in consequence of which the Consul
for
it his duty to appeal to the magistracy. He received answer that the law afforded no relief in such cases. Desertions from ships of war are of a character essentially different. The deserters in such cases are on the common footing of exiles, liable to punishment, even to capital punishment, for violating the law. It is well understood that no nation is bound to surrender them to the angry Sovereign, unless by some positive stipulation. G. Britain never does it otherwise. Her laws do not authorize it; nor is the Prerogative of the

thought

King competent

to

it.

It

is,

perhaps, sometimes done, indirectly

and covertly, by the instrumentality of impressments and the courtesy of Naval commanders; but always then of favor, not of duty. With us there is not only no obligation, but less than
with other nations the policy of inviting reciprocity, our navy
being so small, and so little resorting to Foreign ports. It is rather our policy to discourage the resort of Foreign ships of

war
it

to our ports;

and as

far as

humanity can be justly consulted,

does not plead for the surrender of men to vengeance for leaving a situation such as that of a British ship of war, into which they had been engaged by a mode such as that of impress-

All these considerations, however, amount to no more than that a gratuitous surrender of such deserters ought not to be expected. There are certainly views of the subject which would authorize an article for the purpose in a convention, comment.
bining with
this

other articles providing for objects desirable to Country. The only distinctions between deserters from National ships and other fugitive offenders is 1. That in the
it

410
former case, the
ter, it is

WORKS OF MADISON.

1808.

flight itself constitutes the offence; in the lat-

the consequence of a preceding offence. This being a circumstantial distinction, does not affect the sameness of the
2. The offence committed by deserters from ships war generally takes place within the Country affording a

principle.

of

refuge; whereas the offences of other fugitives generally take place in their own Country. But this, again, is a distinction not

own are, with own Country,

ter;

affecting the principle. Ships of war in a Country not their to the respect discipline on board, a part of their
to be; desertions violate the
latter, inflict the

not of the Foreign Country where they happen laws of the former, not of the lat-

and Tribunals deriving authority from the former, not the punishment incurred.

TO JAMES MONROE.
WASHINGTON, Janr
5, 1808.

Nothing has occurred since you left us worth deWe are still uninformed of the precise circumstances which have detained Mr. Rose on board the frigate. There is a report that he will either pass up the bay to Annapolis, or possibly engage a vessel to bring him immediately to As a precaution for the former event, an express this place. carried yesterday an instruction to the collector similar to the one sent to Norfolk. Be so good as to keep in mind your promSIR,

DEAR

tailing to you.

ise to

note to me the passages in your correspondence proper to withheld from Congress, in the event of a communication of be our affair with G. Britain.

TO THOMAS JEFFERSON.
DEPARTMENT OF STATE, Jan*
7th, 1808.

State, in compliance with the note of the the public property at to President, relating Orleans, as Claiborne Governor to the of the Treasreported by Secretary

The Secretary of

New

ury, begs leave to state that no part of that property appears

1808.

NEGOTIATIONS WITH EOSE.

411

any respect under the purview of the Department of unless it be the Government State, House, and the lot on which it stands. This, it is inferred from the representation
given by Governor Claiborne, might be disposed of for a greater sum than would provide accommodations for the Governor of the

to fall in

Orleans territory, in a part of the city more eligible for his residence. It would require, however, further knowledge of the local circumstances, to enable the Secretary of State to judge of the expediency of such a proceeding. And it is presumable, from the character given of the lot in question, that delay will not be attended with less advance in its value than will be incident to the spot which might be substituted; so that the proposed sale and substitution

may probably at any

time be carried

into effect, without loss to the public.

NEGOTIATIONS WITH MB. ROSE.

Friday,
1st

FeW, 1808.

General object of interview. 33 continuation of atExplain causes of Proclamation g tack by seamen detained officers recalled Ships in Harbors
doing illegal things.
d Grounds of prelim y 1. Disavowal by L G. due to G. B. even if war 2. General assurance and personal conviction. for means of judging for ourImpossible n selves see Mr. E. Object of procl precaution not merely
.

as to the Chesapeake. 2. Errors. 1. In supposing reparation object

which an item
honor, inter-

then only
est,

2.

Disavowal

Precaution vs. Chesapeake. due to G. B. even if war meant

principle so

much

against her

disavowed by

L d Grenville

disavowal no reparation
n project of expl

Mr. Rose
the diffly
.

shews a disposition only to repair particulars and contemporary acts. suggests idea of his friendly return with rep' of

412

WORKS OF MADISON.

1808.

J. M. reports tlds to P., who, on consultation on Monday, decides vs. this idea, and prefers informal disclosure by R. of atonement and repeal of procl" to be contemporary acts.

Tuesday, Fetf.

Mr. R. objection to adjournment of subject to GL B., which Mr. Rose admits and in conversation as tetween n two private Gent enquires whether U. S. will agree to a mutual discharge from public ships of all natural-born subjects and Citizens, it appearing to be implied that this might contribute to diminish difficulties and prepare way for something further
J.

M.

states to

willing to wait for answer.

Wednesday, FelP

3.

Idea of Cabinet that the mutual discharge not inadmissible, extended to Merchant Vessels; considering the advantage to naturalized subjects, of being kept out of danger from being taken into the jurisdiction of their former Sovereign; and that
if

Mr. R. be sounded as to his powers and dispositions. Thursday,

FeW

4.

Conversation of J. M. with Mr. Rose

explained himself on

the subject of Tuesday's conversation, by signifying that his suggestion was a hasty thought, and that it was most consonant
to his situation to limit the enquiry to the case of deserting He was told this was already provided subjects natural born.

for

sion
all

by the rules prescribed to our Naval Commanders. Occawas taken to express the desire of the U. States to remove

causes of danger to the harmony, <fec., as well as that exemplified in affair of Chesapeake, which was evidently of a nature not likely to recur after disavowal, &c. He did not open himself as to

any thing beyond the limit

to

which he reduced the

enquiry, acquiescing generally in the desirableness of a general adjustment, &c. The objections to the delay of seeking further
instructions, &c.,

and direct

was dwelt on by both, and ended in a frank suggestion by J. M. to let the satisfaction, accept-

1808.

NEGOTIATIONS WITH ROSE.

413

proceeding priority, ing this to be assumed respectively, as might be agreeable. He, Mr. Rose, would take into consideration with best wishes, but was not sure that his instructions could bend to it. He held
out the idea of exhibiting without editing the revoking proclamation, as an expedient to save him. He was told nothing would be admitted that would expose the Executive to appearance of having yielded to his preliminary; and it was remarked that Mr. Canning, if he had not supposed the Proclamation to be a retaliation, and that the aggression had been discontinued,

ance, and recall of proclamation, be executed on same day, and so as not to shew on the face of the a leav-

which could not be during the detention of the men, would have approved this course at least. Mr. Rose glanced at idea of disclosing his terms, &c., through Mr. Erskine and Mr. Rob' Smith. He went away under an arrangement for another interview tomorrow, 12 o'clock.

FeW
Conversation.

5th.

Mr. Rose appeared to have taken a view of the proposed contemporary signing and adjustment of the Proclamation, which required him to decline it definitively. On my restating it, he resumed the conversation, and agreed to see me in the evening at my house, in order to hold frank and informal communications and explanations.
Evening of FelP
5.

free.

brought Mr. Erskine with him. The conversation was The tenor of a suitable proclamation disclosed, and the terms he meant to offer, viz: recall of Admiral Berkley; restora-

He

men; and provision for families of the killed and wounded. The idea of restoration to the same ship was stated to him, which he seemed willing to favor; also punishment of Berkley, which he said would be difficult by his co-officers, and be in the result, perhaps, an obstacle to a permanent exclusion from actual employment. Agreed to see one another at 1 o'clock
tion of [the?] three

to-morrow, at

office

of State.

414

WORKS OF MADISON.
Friday,
Feft> 6.

1808.

Conversation.

Mr. Rose starts the idea of a disavowal on our part of conduct of Agents, &c., in encouraging and not discharging desertnatural-born subjects. This was combated as going out of ers the case of the Chesapeake and leading to other subjects of complaint; and particularly as justifying a demand of British
disavowal of

was

The difficulty, also, as to natural born, &c., &c. in cases of naturalization. He was reminded, too, stated,

that orders had been issued and circulated to officers against recruiting deserters, &c., which was amply sufficient. He retired

under doubts as to the possibility of his satisfying his instructions without obtaining this point. y Monday, Feb 8th, appointed to meet again.

Monday, Feby

8.

Instead of the expected matter, Mr. Rose very soon introduced, as a point enjoined in his instructions, the necessity of

some disavowal on the part of the U. States as to the conduct of their agents in encouraging, harbouring, and retaining, deserters, natural-born subjects of H. B. M.; as what had preceded the affair of the Chesapeake, and was but a reasonable satisfaction to his Majesty preparatory to the adjustment intended

by

him.

was a new and unlooked-for preliminary ultimatum, had been glanced at in a former conversation, when it was supposed to have been answered in a way putting it entirely aside, it was proposed to him to reduce it to paper, so that there might be no possible misconception, with a general intimation only that it would not be admitted into the adjustment, and that it would be impossible for the U. States to view natural-born subjects of G. Britain, who had been naturalized here, in any other light than as American Citizens whilst within American jurisdiction. Mr. Rose agreed to see me the next y day, (Tuesday, Feb 9,) with his idea put into writing, to be inthis
it

As

though

formally read to me.

1808.

NEGOTIATIONS WITH ROSE.

Tuesday,

415

FeW

9,

1808.

Mr. Rose read from his paper, in substance, that with a view remove impressions made by recent events on the mind of H. B. M., the U. States should disavow the conduct of their Agents in encouraging, harbouring, and not discharging, naturalborn deserters a case different from not surrendering, which
to

was not claimed. He was reminded of the difficulty as to natural-born subjects naturalized by the U. States; that if impressions were to be removed on one side, so on the other, where they were much
greater, from the course of indignities offered by British Ships in our harbours and on our coasts; that the proposal was not

a thing essential to the honor of the U. remarked that this had not escaped him, reading a reservation to the U. States of their right to claim from G. Britain a like disavowal; to which the reply was, that there was no reciprocity between an actual disavowal and a right to ask a disavowal;] and, finally, that it could not enter into the
reciprocal in itself
States, [here he

Chesapeake business, unless other things as much connected with it were also to be admitted.

Being myself much indisposed, the conversation was soon ended, with an understanding that I would take the orders of the President, and see him as soon as convenient.
Sunday,

FeW

14.

This was the earliest that I had health enough to see Mr. Rose, who was invited to call at my house for the purpose. I
preferred the irregularity, both as to time and place, to a delay,

which was becoming very disagreeable on all sides, and was rendered to him, as he had indicated, peculiarly distressing, by his having two British Packets detained till he could say something on the subject of his mission.

Having previously obtained

the sanction of the President, I

repeated the insuperable objections to his proposal, (adding, in the fact, that there had been no refusal to discharge deserters,

demand being always

to surrender,) and, in place, suggested

416
mutual disavowal
vice.

WORKS OF MADISON.
1.

1808.

As

to receiving deserters into naval ser-

This would agree with the principles now maintained on both sides, would be reciprocal, and might be useful. He admitted that the sur.

2d

As

to claiming a surrender of them.

render was not claimed, but that his instructions did not authorise any such general or separate arrangements being re-

much connected with that as the case of the discharge; and it was signified that a mutual, general, and separate disavowal of this case alone
would not be inadmissible, with a saving, by the form of expresThis also was sion, of the principle as to naturalized Citizens.
declined, as not within his instructions. He was finally told, as had been on former occasions intiit would be easy to write a letter on some pretext Mr. Erskine, explaining the principles of the U. States as to Deserters; that if mere assurance of these principles was the object of his Government, that object would thus be attained as well as in his mode; if not that, but an expiatory act on the part of the U. States was the object, it was absolutely inadmis-

stricted to the case of the Chesapeake. It was observed that this was at least as

mated, that
to

sible.

in

dwelt with expressions of great regret on the situation which he found himself, tied down, as he was, by his instructions, and knowing, as he did, the impressions of his Government. To all which it was simply remarked that the attack on
the Chesapeake was a detached, flagrant insult to the flag and Sovereignty of the U. States on the high seas, in face of the

He

world; that the plain course was to repair

that, according to usage public and private, and to the examples of his own Government; that reparation made, the way was open to any demands of redress on other points, if any existed, where it might be due to the redressing party, and a general example was the

best

mode of securing

liberal satisfaction.

In course of this conversation, he mentioned, with an apology for omitting it before when he intended to do it, that a dis-

avowal of Commodore Barren's denial that he had such men on board as were required made a part of his instructions.

1808.

NEGOTIATIONS WITH ROSE.

417

After remarking that it was impossible in any view that that circumstance could be admitted, and that it was merely noticed for the sake of truth, which could never do harm where the

manner did not imply something improper, I told him that Barron was responsible to his Government for his conduct in that instance; that his reply was wholly unbecoming his station; that it was probable, however, that he said what he believed to be true; and, indeed, was true, the demand of Humphreys being
which the men taken from the Chesapeake belonged. This he admitted, except as to one Jenkins Radford, stated to be a deserter from the Halifax. I told him that, even as to him, we had the authority of the British Consul at Norfolk that he was a deserter from a Merchantman. This he seemed not to be aware of, and said that if the fact was wrong, he could not found a proceeding on it. He retired with an intimation that he would revolve the subject and his instructions still further, and see me when I pleased to intimate, which was promised as soon as health permitted. His manner and concluding remarks left it uncertain what determifor deserters from other ships than that to

nation he would bring to the inverview.

Tuesday,
Conversation.

FeW

16.

Mr. Rose, in consequence of an offer to see him to-day, called about 2 o'clock. It appeared that he did not consider himself
authorized to accede to either proposal for getting over the difficulty respecting the disavowal required from the U. States of
the conduct of our agents in harbouring, encouraging, and not discharging deserters. He was reminded that this disavowal, as stated by him, was as much a departure from the specific case

of the Chesapeake as the mutual disavowals proposed by me, being general as to deserters, and not restricted to those enter-

ing on board the Chesapeake. He seemed sensible of this, and manifested a disposition to make it rather more limited; but proposed nothing; nor did he revive the subject of disavowing

Barren's answer; seeming to be prepared for abandoning further informal conversations, and leaving me to answer in form his VOL. ii. 27

418
note of the 26th

WORKS OF MADISON.
ult.

1808.

some urgent
ing at

New

my health, and the of the vessel waitbusiness, [meaning despatch York to carry letters, &c., to France and G. Brit-

This was promised as soon as

ain,] would permit; it being remarked to him that the hopes that an answer would have been rendered unnecessary had prevented me from particularly revolving even a suitable answer.

Monday,

Fe&

22.

Mr. Rose having signified by a note last evening a wish for an interview to-day, 2 o'clock was named, when he called for
the purpose.

His object appeared to be to express his hopes that a failure of our negociations might be still consistent with a future adjustment, either here or in England, and to speak of the diffihis

culty under which he should find himself in making known to Government the points on which the failure would have

taken place; as he could not give this explanation, after a refusal of his preliminary, without showing that he had departed from his instructions. With these remarks he mingled expressions of much solicitude that no unfavorable inferences might be drawn from the obstacles arising from his instructions, and that he might be instrumental in promoting a removal of them, which he thought he could best do by personal communications at London. It was observed to him, that without meaning to express more than an abstract opinion, it would seem not difficult to let his Government understand the points on which the business failed, by intimating that there were sufficient indications that if the preliminary had been complied with or got over, the views entertained by the Government on those points would have necessarily produced a failure. It was intimated, also, that the place most proper in itself for adjusting the matter was here, not in G. Britain, and that the propriety was strengthened by what had passed. If, in the first instance, London had been proposed, it was with a view to hasten the result. Mutual observations were made pointing out the inconveni-

1808.

NEGOTIATIONS WITH ROSE.

419

ences of referring the subject to a settlement under new instrucHis attention was drawn to the experiments which had tions. been made to avoid delay, and it was repeated to him that there was still a willingness to write a letter, detached from, and subject to, an acceptance of the reparation, in which the principles and practice of the U. States in the case of Deserters could be

now authorised, that an order had issued for discharging from the puUic Ships all British subjects. It was remarked that could not be mentioned but in a certain
stated, with the addition

way, such as such a letter would admit, because the order was not the result of either legal obligation, or of example; his Government instantly refusing to discharge Americans voluntarily
accepting a bounty. He manifested satisfaction at this course, and signified that it could not fail to make agreeable impressions and promote
salutary objects. He was reminded that this was more than his instructions aimed at; and it was for him to decide how far it

would balance the objections

them.

to a departure

from the

letter of

He

professed to be gratified with the spirit of the conversa-

tion, but without any apparent change in the course he was to pursue, and retired with an understanding that I would see him

at any time he might wish to resume

it.

Fe&

25.

Mr. Rose having yesterday asked an interview, was afforded one to-day. He seemed to have in view to prevent any expectation that he would, instead of the disavowal required as to deserters, accept the information proposed to be given of the
principles

and policy of this Government on that subject, by suggesting, that as this course would be inconsistent with his powers, he should not act with candor towards us in so doing.

He

reiterated his regret that his powers were so limited, and

his belief that the orders issued to discharge all British subjects from our public ships would make great impression on his Government. Little was said in reply, further than repeating the

420

WORKS OF MADISON.

1808.

inconveniences resulting from such an issue to his mission, and remarking on our disappointment at the tenor of his instructions,

and the length we had prevailed on ourselves to go in order to surmount the difficulties they occasioned. It was in-

timated as one of the inconvenient effects of the actual posture of the business, that the President was sending a Message to Congress recommending an extension of precautionary measures, necessarily attended

with expence, &c.

y Wednesday, [Feb 24.]

Points for Mr. Rose.

after acceding to the

Evils of degradation mutually to be shunned mode of separation cases of impressment and of the Chesapeake, the demand of such preliminary the

less

looked
is

for, so

categorical and precise.

on disavowal, &c., &c. disavowed? Act of unauthorised officer and prinbut the contrary. ciple of d, an avowal never presumed What to be recalled? Act of Gov* itself, an act not of agrecall of Procl" founded

The

What

gression or of reparation; but wholly of precaution

and

refer-

ring to wrongs prior

to,

and wholly

distinct from, the affair of

Chesapeake. To revoke the proclamation in face of the world, under such circumstances, would acknowledge it to be aggressive, and

would originate a reparation on our part instead of receiving

a degradation, in fact, the worst of all evils, and which a nation determined never to be degraded could never suffer to be imposed on it. Do not wish to require, can-

one

Unless, therenot, therefore, perform, degrading conditions. turn must new to the some fore, subject, proceed from oral to
If a precise and categorical prelimithe door shuts against all chance and prospect, delay is nary

written communications.

fruitless.

shut, it will be agreeable to find that the confailure are not suspended on an ultimatum of of a sequences such a character.

But if door not

The revocation of

the Procl

11

impossible without extending

1808.

NEGOTIATIONS WITH ROSE.

421

the disavowal, and assurances, to the several cases which led to it, and referred to in it, and many of them long lying before your Government without notice or promise of future security to the U. States.

time unexpected by the P no purpose, by hasty on a particular point not perfectly understood, to preclude amicable explanations, and which might possibly lead to a favor,

TW the

issue

able result.

General and mutual reasons

&c.

vs.

war

interest,

harmony, &c.,

With this view, U. S. desired to settle everything. Union of Impressments and Chesapeake favorable
and
facilitates latter.

thereto,

Separation yielded, to the views taken of the subject by G. B. and to his Mission.
Surprize at; at splitting the case of Chesapeake
statu quo.
entirely

Talk

Proclamation

wrongs
seiz.

Bradly

Whitby

Love

precaution vs. other French ship burnt Doug1

of Norf k

Continental disobedience to

ProcK*

* The following appears to have been intended for a contingent Proclamation of the President, recalling his Proclamation of 2 July, 1807: " His B. M. having manifested his disposition to re-establish, by an honorable

reparation of the aggression committed in the month of June last on the frigate Chesapeake of the U. States, by the Leopard, a British ship of war, the good understanding affected by that incident; and this evidence of his disposition to

maintain amity with the U. States being considered as a pledge that such effectual measures will be taken on his part as shall ensure from his naval Commanders an entire respect for the laws and the jurisdiction of the U. States, whilst
within their waters or on their coasts, and render unnecessary the precautionary measures provided by my proclamation of the 2d of July, 1807: on these considerations, and with a view to manifest a corresponding desire to promote a return of entire harmony between the two nations, I have thought proper to issue this my proclamation, discontinuing all the provisions of the said former proclamation; and hereby declaring that the same shall become void, cease, and have

no further
all citizens

effect;

of which all officers, civil and military, of the IT. States, and and others within the same, are requested to take notice and act ac-

cordingly."

422

WORKS OF MADISON.
TO JAMES MONROE.
WASHINGTON, FebJ
6,

1808.

1808.

DEAR
lose

SIR,

I received last night

your favor of the 3d, and

no time in forwarding the papers which it requests. I am sorry that they have been so long delayed; but, in truth, our hands have been so full in one way or other of late, that the transcripts which were to be taken for the office could not be readily attended to. I am not sure that there may not yet be some omissions, and must, therefore, ask the favor of you to return such of the papers as you may have copies or not wish Should any particular paper wanted not be now copies of. sent, be so good as to drop a hint, and it shall be immediately
attended
to.

TO JAMES MONROE.
WASHINGTON, March
18, 1808.

your favor of the 5th, and with it addressed to the Department of State, on observations, your the subject of the Treaty of December, 1806, which will be comSIR,
I duly received

DEAR

municated to Congress with the documents relating to the negociations, &c., connected with the Treaty; it being understood that such a disposition of the paper will conform to your
wishes.

Mr. Rose's mission is abortive. Communications on the subHe made it an ject will be made to Congress in a day or two. indispensable preliminary to his entering on a negociation, or even disclosing the terms of satisfaction he had to offer, that the Proclamation of the President should be put out of force. This being inadmissible, it was proposed that on his disclosing his terms, and their appearing to be satisfactory, a repeal of the Proclamation and the act of reparation might bear the same date. His instructions being a bar to this, the correspondence was closed, with an intimation that it rested with his Government to decide on the case. He will depart, I understand,
without delay.

1808.

LETTERS.
TO JAMES MONROE.
WASHINGTON, March

423

21st, 1808.

In the joint letter from you and Mr. Pinkney, SIR, of October, a project on impressments is referred to which does not appear. I forget what passed with you in conversation on You will oblige me by dropping me the state of the subject. the case, and if there be any document in your hands, that you

DEAR

good as to forward it, or a copy of it. It can, if nebe thrown into the mass which will be before Congress. cessary, This will be communicated to-morrow, probably, and will inwill be so

clude the proceedings in the case of the Chesapeake, and in reI regret much lation to the general negociations preceding it. that you could not afford your aid in selecting from your cor-

respondences the parts proper for Congress, and the separation of these, again, into the parts proper and improper for the public I have found the task extremely laborious, and beat large.
ing infirm in health, and otherwise hard pressed on important subjects, I have been obliged to let it devolve in a good measure on others.
prehension than

You would have

executed

it

with a better ap-

many of us of the bearings of many passages, on the feelings and way of thinking in the British especially I am not without fear that errors both of <fec. negociations,
omission and of commission
ters

may have happened.

I will take

the liberty of forwarding by to-morrow's mail a

list

of the

let-

P., joint and several, which have not been allotted for communication, and will thank you, if there be any, or parts of any, which your judgment would have added, that you would note them to me. Occasion, perhaps, may be found to get them thrown into Congress before the busiI wish I could, with the same ease, give ness be completed. you a view of the distinction between the parts of the papers communicated; which are confidential within Congress, and

from you and Mr.

which are not

so.

424

WORKS OF MADISON.
TO JAMES MONROE.

1808.

WASHINGTON, March 30, 1808.

DEAR

SIR,

I received last evening your favour of the 26th,

and now enclose the promised list of the communications to Congress, which gives as much information as can be done in that form. Where extracts were made, they generally extended, I believe, to nearly the whole of the letters, it being intended
that the residue should be reduced as

much

as motives of pru-

dence and delicacy would permit. On examining the papers inclosed, the project concerning impressments does not appear. Will you be so good as to correct the omission ? A copy of the original project accompanying your letter of Nov. llth went to
proper place. Of course, the renewal of the latter period does not appear, as the communications

Congress in

its

it

at

now
you
that

Being unable to distinguish which of the papers wished to be returned, I send the whole, with a request after taking them out, the rest may come back to the office. inclosed paper contains the correspondence with Mr. Rose, duced by his Mission.
stated.

The
pro-

TO JAMES MONROE.
WASHINGTON, April 18th, 1808.

came duly to hand, returned, and by a note on the correspondence communicated to Congress. It appears that in most instances the parts allotted for publication coincide with
SIR,

Your favour of accompanied by the papers now

DEAR

your wishes. In the excepted instances, an attempt will be made to have the confidential parts conformed also to these, by being included in the publication ordered by the House of Representatives, and by being made a supplement to that ordered by the Senate, which is already out of the Press. With respect to the two letters of August 4th and September 13, 1806, which were not communicated to Congress, the object could not be effected without a new communication to Congress, to which

1808.

LETTERS.

425

the President would be disinclined. They were omitted in the original communication as not within the general subject of it, as were :ny letters relating to such cases. And it would be

somewhat awkward to take up a distinct subject now, even the whole correspondence relating to it were embraced.

if

Will you accept a copy, herewith sent, of the documents, as complete as they have yet come from the press?

TO WILLIAM PINKNEY.
WASHINGTON,

NoV 9,

1808.

SIR, by the receipt of your last private letter Mr. that there has been no miscarriage of any preAttwater, by one. ceding
I find,

DEAR

The conduct of the British Cabinet in rejecting -the fair offer made to it, and even sneering at the course pursued by the
United States, prove at once a very determined enmity to them, and a confidence that events were taking place here which would relieve it from the necessity of procuring a renewal of commercial intercourse, by any relaxations on its part. Without this last supposition,
prospects at
it is difficult to

believe that, with the

home and abroad in Europe, so great a folly would have been committed. As neither the public nor Congress have
yet had time to disclose the feelings which result from the posture now given to our relations with G. Britain, I cannot speak
positively on that subject.
I shall

be much disappointed, how-

ever, if a spirit of independence and indignation does not strongly reinforce the past measures with others, which will

give a severity to the contest, of privations, at least, for which the British Government would seem to be very little prepared, It was, perhaps, unfortunate that all in any sense of the word.
the intelligence from this country, previous to the close of your correspondence with Mr. Canning, was from a quarter and during a period most likely to produce miscalculations of the

general and settled dispositions. You will see in the newspapers sufficient evidence of the narrow limits to which discontent

426

WORKS OF MADISON.
confined,

1808.

was

and

it

may reasonably be expected

that the coun-

ter current will be greatly strengthened now going forth to the public.

by the communications

Among
gress, I

the documents communicated confidentially to Con-

hope you will excuse us for including (with the excepr tion of some small passages) your private letter of Sept 21. The excellent views which it appeared to take of our affairs with G. Britain were thought to justify the liberty. They coincided, indeed, so entirely with the sentiments of the Executive, and were so well calculated to enlighten the Legislative
it was confidently presumed the good effects would like liberty was taken the outweigh objections in the case. with a private letter to Gen1 Armstrong.

Body, that

was given not be inexpedient to may by in to that the note of order this intimate, omission, appreciate in arrival the of the of S Michael, Gen Armstrong, consequence
President's Message mentions that no answer
It

The

the French Government, &c.

1

fc

bears date August 6, whilst he was absent from Paris; that the Court did not return thither till about the middle of that month;
that no succeeding note on that subject was sent in, the experiment being declined under an idea that it would be injurious; and that the last letter from Gen Armstrong to the Department of State, acknowledging the despatches by the Hope, bears date the 30th of August, at certain mineral Springs between two and three hundred miles from Paris, to which Gen Armstrong had not returned when the Messenger left it. These circumstances will shew that the French Government may easily,
1 1

if reflection

or events should induce,

still

take up the relations

with the United States in a favorable view.

fosters such

Gen Turreau
1

an expectation, and talks of the probability of soon favorable answers to his representations, whether receiving with sincerity or from policy is best known to himself.

1808.

LETTERS.
TO WILLIAM PINKNEY.
WASHINGTON, Dec'

427

5, 1808.

DEAR
to

SIR,

have

accompanying
be

my

to the printed information official letter of this date. Congress seemed

little to

add

you will perceive, to resist the unjust and insulting Edicts of the Belligerents, and differ only as to the mode best suited to the crisis. The disposition to prefer

sufficiently determined, as

war

to the course hitherto pursued is rather gaining than

is

losing ground, and

to

even promoted by the efforts of those most Britain, who concur in deciding opposed and at the same time contend that withagainst submission, from the is Ocean submission. It is very questionable, drawing

war with Great

however, whether a preference of war, to be commenced within the present session, is so general in Congress, or so much looked for by the nation, as to recommend the measure. Whether, in
case the measure should be
,

any such

substi-

tute providing for war during the recess, as I have communicated in one of my last letters, will be acceptable, is more than I can undertake to say; nothing of the sort having been even

brought into conversation. that he is himI find by conversation with Mr. self favorably impressed by the documents laid before Congress
,

two belligerents, and that he is willing I should believe that the impression will be the same on his Government. As it may be conceived by him, however, to be politic to lull our feelings and suspicions, I am the less sure that he calculates on any change in the Councils of his Government likely to do justice to those of this Govas to the fairness of our conduct towards the

ernment.

As

to the stato of the public

collect it

mind here, you will sufficiently from the printed information now forwarded. I canis

not believe that there

so

much depravity

or stupidity in the

Eastern States as to countenance the reports that they will to the separate from their brethren, rather than submit longer
a project may lurk suspension of their commerce. That such within a junto ready to sacrifice the rights, interests, and honor,

428

WORKS OF MADISON.

1809.

of their Country, to their ambitious or vindictive views, is not to be doubted; but that the body of an intelligent people, de-

voted to commerce and navigation, with few productions of their own, and objects of unceasing jealousy to G. Britain on account of their commerce and navigation, should be induced to

abandon the Southern States, for which they are the Merchants and carriers, in order to enter into an alliance with G. Britain, seems to be impossible. What sort of a Commercial Treaty could be made between such parties? In truth, the obstacles to one between the United States and that Nation arise almost wholly from the patronage by the former of the maritime rights and
interests of the Eastern States, as a portion of the Confederacy. Treaty between such parties, if made at all, must be political,

not commercial, and having in view modifications of Government and aggrandizement of individuals, not the public good.

TO JOEL BARLOW.
WASHINGTON, February
I
7, 1809.
,

have received your favor of and DEAR Sin, it convaluing, as I do, the friendly and favorable expressions tains, I cannot but be truly gratified by them. I perceive that I did not impress Mr. Fulton as distinctly as I meant to do with the circumstance that, previous to the receipt of his letter, I had, as far as might lie with me, not only

my thoughts, on a person for the approaching vacancy department of State, but had taken a step towards an understanding with him on the subject, which closed it against
fixed, in

in the

reconsideration.

This being the case, delicacy will, in every view, be best consulted by not entering into the particular considerations which But I owe it to my high respect for your led to that selection.
in your principles, and the purity of that no abatement in the continuance to say your patriotic zeal, of either of those sentiments is implied by the course which I
talents,

and my confidence

1809.

LETTERS.

429

have deemed, under

and hble

all circumstances and combinations, most advisable for the public service. With the greatest esteem, I remain, Dear Sir, your friend

serv'.

TO WILLIAM PDTKNEY.
WASHINGTON, Febi
11, 1809.

DEAR

SIR,

My

official letter

by

this

conveyance leaves

little

of importance to be added to

its contents.

You

will see with

regret the difficulty experienced in collecting the mind of ConOn no occasion were the ideas gress into some proper focus. so unstable and so scattered. The most to be hoped for at
pres-

ent

that a respectable majority will finally concur in taking a course not essentially dishonoring the resolution not to subis,

mit to the foreign Edicts.

The

last vote taken, as stated in re-

port of their proceedings, sixty odd against fifty odd, implies that a non intercourse with G. Britain and France, including an

Embargo on exports to those two nations, [should?] he substituted for the general Embargo existing, and it is not improbable that
8 or 10 of the minority,
latter, will,

who

prefer a simple adherence to the

on finding

tercourse proposed. precise issue of such complicated views. If the non-intercourse, as proposed, should be adopted, it will leave open a trade to all the Continent of Europe, except France.
the considerations for not including the other Contist the certainty that the nental powers with France were 1

cannot be retained, join in the non-inIt is impossible, however, to foretell the

it

Among

Russian Edict, of which I inclose a copy, does not violate our neutral rights; and, 2 dly the uncertainty as to most of the others
,

whether they have in force unlawful Edicts or not. Denmark, it is ascertained, though not officially notified, is under the same Holland and Spain are the only two description as Russia. Countries which are known to have copied the several decrees of France. With respect to Holland, it is understood that she

430

WORKS OF MADISON.

1809.

an intercourse with neutrals, in preference to a co-operation with France. It would be imitating the cruelty of the Belligerents to retaliate the reluctant injuries
sustained from such a quarter.

will favor as far as she can

remark

is

applicable, even

if

With respect to Spain, the same her decrees should not have been

Besides this, it is particularly important not to extend the non-intercourse to the Spanish Colonies, which, whilst a part of Spain, would be within the effect of the Spanish Decrees on the question. It is probable, also, that if G. Britain should lose or withdraw her armies from Spain, she will endeav-

revoked.

our to mitigate the odium by conniving at least at neutral supplies; or, rather, not to increase the odium and the evil by subjecting them to the famine threatened by the exhausted state pro-

duced by the war. As another motive, she may be expected to consult the sympathies with the parent nation of the Spanish Colonies, to which her attention will doubtless be turned in the event of a subjugation of Spain. As to Portugal, there can be
little

doubt that the British Cabinet will have prudence, if not humanity enough, not to oppose a trade supplying that Country with the necessaries of life.

On what principle is it that G. Britain arrests our trade with Russia, or even Denmark? Neither of these powers have edicts to countenance her pretended retaliations; nor can the former
be regarded as under the sway of France, in the sense applied to some others. Is it that Russia excludes the British flag?

That she has the right

to do.

England does the same.

Is it

that she prohibits a trade with England under a neutral flag? That she has an equal right to do, and has equally examples in I have been frequently asked the British code justifying it.

whether trade from the United States to Russia would be capI have been obliged to answer, that as it came under tured.
the letter of the British orders, though excluded by

what you

held out as the principle of them, it was to be inferred, from the spirit and practice of British cruisers and Courts, that such

would be the

making the experiment. has been the result of the opinion the of Embargo repeal of many that the period prescribed by honor to that resort
fate of vessels

The

1809.

LETTERS.

43]

against the tyrannical Edicts against our trade had arrived, but principally from the violence excited against it in the Eastern
quarter, which some wished to assuage by indulgence, and others to chastise into an American spirit by the lash of British spoliaI think this effect begins to be anticipated by some who have been most clamorous for the repeal. As the Embargo is disappearing, the orders and decrees come into view, with the commercial and political consequences which they cannot fail The English market will at once be glutted, and to produce. the Continental markets, particularly for the sugar and coffee in the Eastern warehouses, will be sought at every risk. Hence

tions.

and clamours against the authors of them. It cannot, be I think, doubted, that if the Embargo be repealed and the orders be enforced, war is inevitable, and will, perhaps, be clamored for in the same quarter which now vents its disapcaptures,

pointed love of gain against the Embargo. There is reason to believe that the disorganizing spirit in the Ea'st is giving way to the universal indignation of all parties

elsewhere against it. It is repressed in part, also, by the course of events abroad, which lessens the prospect of British support in case of a civil war.

which Canning's letter got to the press is not ashave seen it stated, on what authority I know not, but with some probability, that the copy was obtained from the Minister here, and was to have been published in the first instance at Halifax; but being shewn by the bearer to certain British partisans, of more zeal than discretion, at Boston, he was prevailed on to hand it at once to the Palladium, the paper
in

The mode

certained.

in

which

it first

appeared.

TO MESS"8 ROCHESTER AND BRENT.

Mar. 17th, 1809.

GENTLEMEN,

have duly received your

letter of the

6th

in-

stant, conveying the resolutions of a portion of my fellow-citizens of Washington County, in the State of Maryland.

432

WORKS OF MADISON.
situation of our
citizens.

1809.

Country justly awakens the anxious atWhether an adherence to the just good have which distinguished the conduct of the United principles States towards the belligerent powers will preserve peace, without relinquishing independence, must depend on the conduct of those powers; and it will be a source of deep regret, if a perseverance in their aggressions should be encouraged by manifestatention of all

The

among ourselves of a spirit of disaffection to the public To any who authority, or disobedience to the public measures. may yield to such a spirit, there cannot be a more instructive
tions

example than

is

found in the animating pledges of support to

both, flowing from the sensibility of the Citizens of Washington County, for the rights of the nation and the efficacy of the laws.

TO THO S

T.

KENNEY.
WASHINGTON, March
18, 1809.

have received the address conveyed through you, from Sm, "The Republican citizens of the County of Essex, in the State of New Jersey," with equal sensibility to the friendly motives which suggested it, and to the patriotic sentiments which it exI

presses.

Persuaded that the true interests of our Country, not less than the precepts of Religion and humanity, make it the duty of those entrusted with public authority to cherish peace, as long
as

more imperious calls will permit, I see, with much pleasure, the approbation given to the moderate and prudent course

which has been employed for prolonging its blessings. Among the means best calculated to diminish the risk which threatens an interruption of these blessings, is a cordial union
of every description of Citizens in supporting their Government in its necessary authorities, and in promoting the execution of the laws with an exemplary vigilance. Nothing, therefore,

could be more reproachful than efforts to open one of the most baneful sources of discord, by arraying the interest of one sec-

1809.

LETTERS.

433

tion of our Country against that of another; nor

would any

thing be more to be dreaded than such efforts, were not so effectual an antidote to the poison to be found in 'that liberal spirit, that brotherly disposition, and those

comprehensive

views, which pervade our fellow-citizens at large, and of which so honorable a sample is now before me.
I

For the kind prayers which have been offered in my behalf, am truly thankful; and I pray, in return, that the authors of

them may experience the choicest tokens of divine favor.

TO EDWARD HALL AND THO 8 YARROW.

WASHINGTON, March
18, 1809.

GENTLEMEN, The proceedings of "the Republican Delegates of the several Townships of the County of Salem, in New Jersey, on the 3d instant," transmitted by you, have been duly received.
It is highly agreeable to find in these proceedings our inter-

nal embarrassments traced to their true source, in the injustice and aggressions of foreign powers; and equally so, to see the

measures for counteracting them so entirely approved. It cannot be doubted that these measures have had many salutary effects, and the efficacy of them would have been still greater,
if the

less

perseverance of those powers in their wrongs had been encouraged by unworthy citizens, who have shewn them-

selves ready to sacrifice their duty and tlieir Country to the There could not be a spirit of party, or the thirst of gain.
is presented in the sentiments and determinations of the meeting in the County of Salem; nor pledges more animating to those charged with the maintenance

more honorable contrast than

of the rights and interests of the nation. Having' borne a part, though less distinguished than your partiality ascribes to me, in establishing the system of Govern-

ment under which we

well be presumed to feel a solicitude for its success, as well as a conviction of the soundness of its principles. Thus far we have all had reason to be
live, I

may

VOL.

IT.

28

434

WORKS OF MADISON.

1809.

gratified with its fruits; and nothing could make me more happy than to be among the instruments of divine Providence in ren-

dering it conducive, in the highest possible degree, to the welfare of our Country.

TO THOMAS JEFFERSON.
WASHINGTON, March
19, 1809.

us this morning. The mail of SIR, r a letter from Armstrong of Dec 25, and yesterday brought Paris papers of the 27th. No change had taken place in our

DEAR

Mr. Coles

left

affairs.

The occurrences and prospects

in Spain will appear in

the National Intelligencer.

No

letter

named by Armstrong.
burgh.

I conclude

from Short, nor is he he had set out for S* Peters-

TO WILLIAM HAYWABP.
WASHINGTON. March
21, 1809.

have received your letter of the 14th instant, conveyan address from the "Democratic Republican Citizens of ing Talbot County, Maryland," and through you return my thanks for the favorable sentiments which they have expressed of tho
SIR,
I

principles and purposes by which will be governed.

my

public

life

has been and

solicitude which they manifest for the preservation of well becomes virtuous citizens of a free Country, which, peace

The

placing its glory in doing justice to others, and its ambition in a pre-eminent happiness within itself, regards national degradation as the only calamity which is not greater than those of

war.

avoid, if it be possible, amidst the unbridled passions which convulse other Nations, both of these alternatives, is our true wisdom, as well as our solemn duty; and among the essential

To

means of doing

so,

zeal for the authority of the laws,

are that attachment to the Union, that and that readiness to devote

1809.

LETTERS.

435

life

and fortune in the cause of their Country, which are so laudably avowed by the Citizens of Talbot County. I tender
them

my

sincere respects and friendly wishes.

TO CORNELIUS COMEGYS.
WASHINGTON, March
21, 1809.

have received your letter of the 16th instant, inclosing SIR, " the proceedings of The Democratic citizens of Kent County, on the 4th instant." I am certainly obliged by the kind expressions towards me which have a place in those proceedings; and the more so, as the value of them is enhanced by the patriotic spirit which charI

acterizes the meeting.

In preferring peace, though prepared for a suspension of its blessings, when the national rights cannot be otherwise maintained; and in doing justice to the measures and motives by which those blessings have been cherished, without an abandonment of those rights; they have shewn themselves worthy of the

Country and Government of which they are

It is a grateful

citizens.

reflection that a like disposition prevails

throughout the great mass of our countrymen; and it may reasonably be hoped that the number forming an exception will every day diminish, under the influence of truth and of the general example. I tender to the citizens of

Kent County, to whom I am indebted for the address transmitted by you, my sincere respects
and friendly wishes.

TO TIMOTHY SKINNER.
WASHINGTON, March 22d, 1809.

SIR,

The Resolutions transmitted through

you, as unani-

mously adopted by a meeting of the "Republicans of the of Litchfield," have been duly received.

Town

436

WORKS OF MADISON.
as

1809.

unexampled as unprovoked, by which the belhave trampled on the rights of neutral nations, ligerent powers and in some instances added peculiar insults to the injuries
done
to the

The conduct,

United States, naturally excite the feelings which

these resolutions manifest.

ment

In such a state of things, whilst it is the duty of the Governto take its measures with the impartiality and prudence

best calculated to save both our peace and our honor, it is incumbent on its constituents to reflect that the efficacy of these

measures must essentially depend on the support which can only be found in their enlightened patriotism.
It affords pleasure, therefore, to observe, in the proceedings of the Meeting at Litchfield, sentiments and pledges so well cor-

responding with this duty. In inculcating the vital importance of the Union, and a faithful maintenance of its Constitution and laws, they have evinced
a knowledge of the true sources of the public welfare, as well as a laudable zeal in pronioting it.

Happily, the union of these States

is

founded on so clear a

reciprocity of interests, and the most important constitutional relations between the general and local authorities is now so
far illustrated

by

practice, that

it

may always be expected

that

involuntary errors on those subjects will quickly yield to reflection, and that voluntary ones, being confined to a few, will not

long resist the general impulse. I tender to my fellow-citizens

field

my

sincere respects

who were associated at Litchand friendly wishes.

TO THOMAS JEFFERSON.
March
28, 1809.

have yours of the 24. The inquiry as to as soon as an opportunity offers. F. Page had been appointed before your letter was received, and his commission forwarded. We have letters from Erving to January 28. He was at
SIR,
I

DEAR

will be

made

1809.

LETTERS.

437

till

Cadiz, intending, it appears, to adhere to the Junita Suprema, the drama should close, and then leave Spain, by way of

itself.

or England, if no other course offered Gibraltar, I fear he has run from one extreme to another, under

much

the influence of the existing atmosphere. His view is pretty like that in the paper inclosed. Yrujo was at Cadiz,

going on with his mills, which, involving a monopoly, were odious, and not likely to survive popular fury in the only turn of things that could preserve his patent. He says he has sacrificed his fortune in

promoting the patriotic cause.

TO THOMAS JEFFERSON.
April
9, 1809.

SIR, Secretary of Legation, with a sort of Extra has establishment, just arrived from England, with despatches for Erskine. I have a private letter only from Pinkney. The

DEAR

Ministry of G. Britain are pretty certainly shaken with respect

in Spain, and the new policy have doubtless contributed towards it. But it is 'unquestionable that the documents communicated to Congress, and the countenance presented by their earlier resoluto this Country. to which it leads,

The catastrophe

much

Erskine has not yet opened of his budget to Mr. Smith. The contents of it were not disclosed to Pinkney; perhaps from an unwillingness to risk a
tions, afford the true explanation.

letters

discovery by France, or a use of them by Armstrong. Private from individuals in England leave no doubt that a great

dread prevailed of our perseverance in the Embargo. Among the faux pas of Erving, he has brought about an arrangement between Izuardi and Hackley, much to be regretted

on account of the by which H. gives

latter.
I.

It is

a sort of Simoniacal contract,

600 dollars a year, and receives from him the appointment of Vice Consul; Izuardi retaining the title, without the responsibility of Consul. The contract, with sundry details apportioning the functions and formalities, is executed in due form, with the sanction of Ervmg as a witness, and

438

WORKS

OF MADISON.

1809.

transmitted hither for that of the Government.

pears to have become a

to

little

aware of the

folly

Erving (who apcommitted) was

have applied to the Spanish authorities for an [exequatur ?]j

to the vice Consulate, but has suspended the application till he hears from us. In the mean time, the contract is in operation.

No

time was lost by the Department of State in giving notice

of the nullity and impropriety of such a transaction. I am persuaded, from what appears, that Mr. Hackley has been betrayed

by his confidence in the judgment and experience of Erving remarks particularly that his conduct was unexceptionably delicate. It becomes a serious question, nevertheless, whether the contemplated appointment of him at Cadiz would not leave suspicions that the bargain with Izuardi was secretly in fulfilment, and of course furnish a handle to a disappointed candidate for injurious attacks on the Government, as well as Mr. Hackley. If it were certain that Jarvis would not remain at Lisbon, it would mitigate the difficulty by transferring H. thither. It is not probable that Jarvis would be willing to remove to Cadiz, which, I believe, is not rated as high as Lisbon as a Consular birth. I recollect no other vacancy that would bear a comparison with Cadiz.
into
it

others.

TO GOVERNOR SNYDER.
WASHINGTON,

Ap

13th, 1809.

SIR,

have received your

letter of the 6th instant,

accom-

panied by certain acts of the Legislature of Pennsylvania, which will be laid before Congress, according to the desire expressed.
Considering our respective relations to the subject of these communications, it would be unnecessary, if not improper, to enter into any examination of some of the questions connected

with

it.

mark

It is sufficient, in the actual posture of the case, to rethat the Executive of the U. States is not only unauthor-

ized to prevent the execution of a Decree sanctioned by the Supreme Court of the U. States, but is especially enjoined by

1809.

LETTERS.
where opposition

may be made

statute to carry into effect any such decree, to it.

It is a propitious circumstance, therefore, that whilst no legal discretion lies with the Executive of the U. States to decline

steps which might lead to a very painful issue, a provision has been made by the Legislative act transmitted by you adequate to a removal of the existing difficulty; and I feel

great pleasure

in assuring myself that the authority which it gives will be exercised in a spirit corresponding with the patriotic character of

the State over which you preside. Be pleased, Sir, to accept the assurances of
sideration.

my respectful

con-

TO THOMAS JEFFERSON.
WASHINGTON,

Ap

24, 1809.

DEAR SIR, I have received your favor of the 19th. You will see in the newspapers the result of the advances made by
G. Britain. Attempts were made to give shapes to the arrangement implying inconsistency and blame on our part. They were, however, met in a proper manner, and readily abandoned, leaving these charges in their full force, as they now bear on the other side. The British Cabinet must have changed its course

under a

full

had become

conviction that an adjustment with this country essential; and it is not improbable that this policy

may
same

direct the ensuing negociation, mingling with it, at the To time, the hope that it may embroil us with France.

this use, it

may be
is

turn what

expected, the federalists will endeavour to already done, at the coming session of Congress.

The

steps deemed proper to give the proceeding a contrary turn will not be omitted. And if France be not bereft of comsense, or

be not predetermined on war with us, she will not certainly play into the hand of her enemy. Besides the motive to follow the example of G. Britain, she cannot general be insensible of the dangerous tendency of prolonging the commercial sufferings of her Allies, particularly Russia,
all

mon

of them

440

WORKS OF MADISON.

1809.

already weary of such a state of things, after the pretext for enforcing it shall have ceased. She must be equally aware of

now become

the importance of our relations to Spanish America, which must the great object of Napoleon's pride and ambition.

Should he repeal his decrees with a view to this object, the most probable source of conflict will be in his extending the princil ple on which he required a prohibition of the Trade with S Domingo to the case of the Spanish Colonies. Nor is it improbable that he may couple such a requisition with an offer to cede

the Floridas, which would present a dilemma not very pleasant.

TO THOMAS JEFFERSON.
WASHINGTON, May 1, 1809. with SIR, yours of the 27th. Young to take his Gelston is here, preparing passage for France as of in the Syren, sloop of war, bearer and expositor despatches,

DEAR

am just favored

which

is

row morning.

waiting for him at Baltimore. He leaves this to-morMr. Gallatin has had a conversation with Tur-

reau at his residence, near Baltimore. He professes to be confident that his Government will consider England broken down by the example she has given in repealing her orders, and that
the French decrees will be repealed as a matter of course. His communications by the Syren will, if he be sincere, press the

No official accounts have been policy of an immediate repeal. received from the French letters of Marque arrived at Boston.
The
difficulty
lies in

most likely to threaten our relations with France the effort she may make to render us in some way sub-

servient to the reduction of Spanish America; particularly by

withholding our commerce. This apprehension is corroborated by the language of Turreau. He alluded to his conversations

with you relating to Cuba, on which he builds jealousies which he did not conceal. Cuba will, without doubt, be a cardinal object with Napoleon. The spirit which England will bring into the ulterior negociations must differ much from that which influenced former

1809.

LETTERS.
it

441

can be moulded to our just views; and we must be prepared to meet it with a prudent adherence to our essenIt is possible, however, that the school of adtial interests. versity may have taught her the policy of substituting for her
Treaties, if

arrogant pretensions somewhat of a conciliating moderation towards the United States. Judging from the tone lately used,
a change of that sort would be the less wonderful. If she can be brought to a fair estimate of her real interest, it seems very practicable to surmount the obstacles which have hitherto kept us at variance, an/1, until surmounted, must continue to do so. The case of impressments, hitherto the great obstacle, seems to admit most easily of an adjustment, on grounds mutually advantageous.

TO THOMAS EVANS.
WASHINGTON, May, 1809.

have duly received from you a copy of the proceedSIB, of the meeting of Citizens at Accomac Court House, the ings 1st instant, on the subject of the late negotiation with G. Britain, and of the Proclamation by which it was followed.
I
to the consciousness of a faithful discharge of public the satisfaction afforded by a public approbation of it. duty, I cannot be insensible, therefore, to the favorable views of my
is

Next

conduct expressed by

my

fellow-citizens, at

whose meeting you

presided; however feeble the title is felt to be which is limited to the honest execution of a duty contemplated by law, and en-

joined by the policy which has been uniformly exemplified by our public Councils.
It will be happy, if, as we hope, the further negotiation with G. Britain should be equally successful, as the means of fixing on a liberal and lasting basis friendship and commercial inter-

course between the two Countries; and still more happy, if, in addition, a spirit of justice in other Governments with whom
differences exist should concur with the conciliatory disposition of the United States in such a termination of them as will guar-

442

WORKS OP MADISON.

1809.

anty our tranquillity and commercial interests against future

interruptions.
trust there will
part,
is

In promoting this desirable state of our foreign relations, I be no failure of becoming endeavours on my

and in that event only will the support be merited which promised to the Administration of our Government. I tender to my fellow-citizens, who have made their communication through you, and to yourself, assurances of my respect and friendly wishes.

TO THOMAS JEFFERSON.
WASHINGTON,

May
to

30, 1809.

DEAR

SIR,

Your favor of

the 22d did not

come

hand

till

the day before yesterday.

The new-fangled policy of the Federal party, you will have made a considerable figure in the newspapers. Some of the Editors are resuming the old cant, and the others
noticed, has
will doubtless soon follow the example. the folly of supposing that the principles
in our foreign discussions

were not,

Nothing could exceed and opinions manifested in the main at least, com-

mon

be the folly of supposing that such shallow deceive could any one. The truth is, the sudden and hypocrisy British Cabinet has thrown the party the turn of unlooked-for
to us; unless it

They have at present no settled plan. entirely off the centre. There is reason to believe that the leaders are sound towards
England, and much
less disposed

than heretofore to render our

interests subservient to hers.

one, at least, iously may not be absolutely certain, from which it is inferred that a disposition exists in that quarter not even to continue Certain it is, that the the non-intercourse act against France.

Expressions have been used by of the Essex Cabinet, whether sincerely or insid-

war with her is no longer manifested; that the defiof the English markets excites a keen appetite for a trade ciency with the Continent; and that a real uneasiness is felt lest the
desire of

negotiations with G. Britain should end in sacrifices on our

1809.

LETTERS.

443

which they have been reproaching the administration for not being ready to make. As one proof of their present feelings, the federal leaders shew a marked alienation from Erskine.
part,

New Hampshire York, have issued unfavorably. But the smallness of the majority, and the overstrained exertions it has required, seem to repress rather than flatter the successful party. No
The
and
elections in Massachusetts, as well as in

New

confidence

is felt

Not a

line has

eign agents.

in the permanency of the triumph. been received of late from any one of our forAll that is known is, therefore, to be gathered

from the ordinary and fallacious channels.

TO THOMAS JEFFERSON.
WASHINGTON, June
12, 1809.

G. Britain, bringin seen the to be the accounts newspapers. The communiing little to them. The new orders, conadd from cations Pinkney the act was and that the time known, on the passage sidering executed the instructions lately of which by Erskine were predicated, present a curious feature in the conduct of the British Cabinet. It is explained by some at the expense of its sincerity.
It is

D R SIR, The Pacific has just returned from

more probably

getting out of an

awkward

ascribed, I think, to an awkwardness in situation, and to the policy of with-

holding as long as possible from France the motive of its example to have advances on her part towards adjustment with The crooked proceeding seems to be operating as a check us.
late to the extravagance of credit given to Great Britain for the with us; and so far may be salutary.

arrangement

TO THOMAS JEFFERSON.
WASHINGTON, June 20, 1809.

DEAR SIR, Yours of the 16th came to hand yesterday. The Gazette of yesterday contains the mode pursued for reanima-

444

WORKS OF MADISON.

1809.

ting confidence in the pledge of the British

Government given

by Mr. Erskine in his arrangement with this Government. The puzzle created by the order of April struck every one. Erskine assures us that his Government was under such impressions as
to the views of this, that not the slightest expectation existed of our fairly meeting its overtures, and that the last order was

ure of the experiment.

considered as a seasonable mitigation of the tendency of a failThis explanation seems as extraordi-

nary as the alternatives it shews. The fresh declarations of Mr. Erskine seem to have quieted the distrust, which was becoming very strong; but has not destroyed the effect of the ill
grace stamped on the British retreat, and of the commercial rigor evinced by the new and insidious duties stated in the
It may be expected, I think, that the British Government will fulfil what its Minister has stipulated; and that if it means to be trickish, it will frustrate the proposed negotiation, and then say their orders were not permanently repealed, but only withdrawn, in the mean time. The only question likely now to agitate Congress will be on the Bill which opens our ports to French as well as British ships of war. The Senate have passed it unanimously. Whether the Federalists were sincere, or wished the debate, <fcc., to take place in the House of Representatives, remains to be seen.

newspapers.

TO THOMAS JEFFERSON.
WASHINGTON, June
27, 1809.

have received a private letter of March 30 from " in which he desires me to present him most respectfully and cordially to you, and inform you that, by the next public Ship that goes to America, he shall have the pleasure to send you an alteration of Mr. plough,
SIB,

R
1

Gen Armstrong,

which, in light soils, is a great improvement upon the old one." To me, he adds: "By the same vessel, I propose consigning,
&c., a stances,

machine of prodigious consequence under present circumcombining great usefulness and little expence, and

1809.

LETTERS.

445

meant

kept by any old or young negro wench, gives you twelve threads instead of one, and those of better texture, and (if you chuse it) of greater fineness than can be given by fingers. The maker, who is an American, will probably accompany it." On public affairs, he says that the French Government had

to take the place of the common, small spinning-wheel in the manufacture of flax, tow, and hemp. It occupies little more room than the old spinning-wheel, is put and in motion

made

several favorable regulations; among them, one for restoring the cargoes, suggested under the municipal operation of

the Berlin Decree: all of which had been arrested by a belief, founded on language used in the British Parliament, that the United States were about to make war on France. The Mentor, which is said to have arrived the latter end of April, will

have given more correct, though possibly not satisfactory information, of the policy prevailing here. Nothing more is known of the late Battle in Germany than you will see in the newspaThe Senate passed unanimously the Bill of non-interpers. course with France, with a paragraph admitting French Ships The House of War, in common with British, into our waters.
of Representatives rejected yesterday, by a large majority, a motion to discriminate in favor of the British ships.

TO THOMAS JEFFERSON.
July
4, 1809.

The inclosed letter accompanied the skin of an SIR, not named Animal, by the writer, which belongs to the Region The bundle being too large for the of the Rocky Mountains.

DEAR

Mail, I shall forward it by some other opportunity; perhaps as I shall soon leave on the return far as Orange by a wagon.
thither.

You will have seen that a renomination of J. Q. Adams for Russia has succeeded with the Senate. In framing his credence, it will be proper to adapt it to that given to Mr. Short, which
deviated from the beaten form; and
it

appears that the original

446

WORKS OF MADISON.

1809.

in that case passed on to Mr. Short, without being opened at the office of State. No copy, therefore, exists, bat the one re-

Will you be so good as to lend me that, sending Orange Court House to await my arrival there, which will probably be at an early day next week? We continue without news from Europe later than the rumour from
tained by yourself.
it to

Holland of a defeat of the Austrians.

TO THOMAS JEFFERSON.
WASHINGTON, July
7, 1809.

DEAR

SIR,

cover to me.

The inclosed letter from Mr. Short came under It was brought by the vessel lately arrived at

Philadelphia from Dunkirk. It appears that he had not left Paris for Petersburg!], nor meant to do so until he should hear
further from the United States, as he has probably explained to Mr. Coles had reached Paris, but in the absence of the you.

French Court nothing could be said very interesting on the subject of his errand. From a paragraph in a letter from Gen Armstrong to Mr. Gallatin, it would seem that the French Ministers were disposed to patronize a relaxation of the commercial policy of the Emperor, and that he was disposed to listen to any expedient that would save him from the appearance of inconsistency, and retreat from his stand against G. Britain. There is some ground, therefore, to hope that the previous retreat of the latter may have a good effect, unless his new successes should inspire a pertinacity in his old projects. It is certain that great inconveniences are felt in France from the

want of external commerce, and that

the opening presented

by

the repeal of the British orders, not only for a reasonable trade with the United States, but through that between the different

parts of the Continent

itself,

must render a continuance of the

blockading system peculiarly grating every where. The arrival of Dashkoff makes it proper that I should not leave Washington before he reaches
it,

My days. day at farthest.

purpose was

to

which I fear will not be for some have set out to-morrow, or on Mon-

1809.

LETTERS.
TO THE CITY COUNCIL OP

447

NEW ORLEANS.
July 23d, 1809.

have received, fellow-citizens, your act of June 10th with the sensibility due to the kindness of its expressions towards me personally, and with all the gratification which the just and
I

patriotic

view

it

takes of the public welfare ought to inspire.

distinguished our Country,

The peace and plenty which have

amid the convulsions and calamities forming the general character of the times, and under the perplexities resulting to our affairs, claim for the policy which has preserved those blessings the approbation you bestow on it. Such marks of attachment to the solid interest of our Country, and of confidence in the public Councils, are the more to be valued, as the trials imposed on us by foreign injustice have not yet ceased, and as it is among those who are most averse to war whilst it can be honourably avoided that we are, at all times, to look for the most unyielding support of the national rights when peace can no
longer be preserved. I behold with the truest satisfaction the advantages which the Territory and City of New Orleans have reaped from their
incorporation with the United States, and especially that you are so fully sensible of the degree in which they are the fruits of our free system of Government, administered in the spirit

which belongs to it. The Nation into whose bosom you have been received must always rejoice in your prosperity, because it at once indicates and promotes the general prosperity. Never was such a connection more distinctly pointed out by nature herself, nor can the reciprocal benefits of it ever cease whilst the laudable and enlightened sentiments which you proclaim
shall continue to

pervade the great body of our fellow-citizens.

sincere respects

I tender you

my

and my best wishes.

448

WORKS OF MADISON.

1809.

TO THE REPRESENTATIVES OP THE MISSISSIPPI TERRITORY.

July, 1809.

I have duly received your address of July 5, and cannot be the less impressed by your friendly confidence in my principles and views, that it is entertained by a portion of my political

brethren, under the circumstances incident to the Mississippi

Territory. The Constitution of the United States

is

well entitled to the

high character you assign to it. It is among the proofs of its merit that it is capable of inspiring with admiration and attach-

ment the most distant members of the comprehensive family

over
equally honorable to their enlarged patriotism to cherish those sentiments, whilst the immaturity of their situation suspends a part of the advantages common to their fellow-citizens of the elder commuits
it is

whom

guardianship extends.

And

nities.

With my

for the prosperity

cordial respects, I offer a return of my best wishes and happiness of yourselves, and of the com-

munity which you represent.

TO THOMAS JEFFERSON.
MONTPELLIER, July 23d, 1809.

DEAR

SIR,

On my arrival

at

Orange Court House on Thurs-

day, I found your favor of the 12th instant, with the document expected, and the letters from Short and Warden inclosed. The

whole are now returned.

copy of the document was in the This office of State, as you suppose must have been the case. was owing to the letter being written by your own hand at Monticello, and being sent on to Mr. Short without being opened Mr. Short's idea of leaving commerce to shift at Washington.

No

new as he seems to think; and is liable to in the case stated, at least. decisive obgreater objections the have given have that would would been, expedient jection
for itself is not as

all the trade

wanted

to the

power commanding the Sea, whilst

1809.

LETTERS.

449

this would have cut off the commerce with its enemy; and thus have found an adequate motive to keep in force its obnoxious

orders, as answering all its purposes. also, as a further objection, that such

It was to be considered, an expedient would have

involved our ignorant and credulous mariners in the penalties incurred by the mercantile adventurers, without the indemnifying advantages which the latter would secure to themselves. It may be added, that so formal an abandonment of the national rights would not have borne an honorable appearance; though
ful nations,

the discredit would have been mitigated by examples of powerand still more by the peculiarities of the actual state

of the world.
line from any quarter, nor even a newsI left since Washington. I can say nothing, therefore, paper, on the score of news. I was detained at Washington some days,

have not received a

by an unwillingness to leave it at the moment Dashkoff was to be expected. Although titularly not more than a Charge, he brought a letter of Credence from the Emperor himself. His conversation was in the spirit of this evidence of the respect and good will of his Sovereign towards the United States. Adams has accepted his appointment, and will embark as soon Dashkoff was extremely anxious for an interas practicable. view with him before his departure; and had proposed one at New York, if consistent with Mr. Adams' arrangements.

we

It is a part of our plan to pay our respects to Monticello, but can say nothing as yet of the time. It will afford us much

gratification to

welcome you

here,

and with

all

of your family

that can accompany you.

TO THOMAS JEFFERSON.
MONTPELLIER, Aug.
3, 1809.

Herewith you will receive a packet, which being from the Department of State, wrapt up was taken out of the mail yesterday, and not observed before the rider had set out.

DEAR

SIR,

in a large one for me,

VOL. n.

29

450

WORKS OF MADISON.

1809.

I find myself under the mortifying necessity of setting out to-morrow morning for Washington. The intricate state of our affairs with England, produced by the mixture of fraud and folly in her late conduct, and the important questions to be de-

cided as to the legal effect of the failure of the arrangement of April on our commercial relations with her, are thought by the

Heads of Department to require that I should join them. The main question is, whether the non-intercourse act, as continued
at the last session, comes into force against England, thereby putting her on the same footing with France.

by the instructions to Erskine, as published by was as much determined that there should be no adjustment as the former was that there should be one. There must, however, have been other instructions, comprehending the case of the Chesapeake, and other communiwill see

You

Canning, that the latter

cations from Canning accompanying the British orders of April 26, as referred to in Erskine's quieting declaration last made
to Mr. Smith. I believe, also, that Erskine's letter to Canning, not disclosed by the latter, will not warrant his ascribing to Erskine the statement of conversations with Mr. Gallatin, Mr.

Smith, and myself. Pinkney will also disavow what Canning has put in his mouth. I presume, from letters which reached me yesterday, that Mr.

Smith has communications from Paris as late as the 10th or 12th of June; whether by the return of Mr. Coles or another conveyance is uncertain. The disavowal in England reached
Paris the day after the arrival of the arrangement transmitted by Mr. Gelston. Our affairs with France had taken no decided
turn; owing, as alledged, to the absence and occupation of the Emperor. The return of Gelston will probably put us in possession of a final estimate.

1809.

LETTERS.
TO THOMAS JEFFERSON.
MONTPELLIER, Aug.

45 j

1C, 1809.

Washington on Saturday last, having remained there three days only. You will have seen in the Proclamation issued the result of our consulSIB,
trip to

DEAR

I got

home from my

tations on the effect of

lations with G. Britain.

what has passed on our commercial reThe enforcement of the non-inter-

course act against her will probably be criticized by some friends, and generally assailed by our adversaries, on the

ground that the power given to the Executive, being special, was exhausted by the first exercise of it; and that the power having put out of force the laws to which it related, could, under no possible construction, restore their operation. In opposition to this reasoning, it
last session continuing

was considered that the act of

the

the non-intercourse no otherwise ex-

cepted G. Britain than by a proviso that it should not affect any trade which had been or might be permitted, in conformity

with the section of the original act authorising a proclamation in favor of the nation revoking its Edicts; and that the procla-

mation in favor of G. Britain was not conformable to that section. It was not so in substance, because the indispensable prerequisite, a repeal of the Orders in Council, did not take place. It was not so even in form; the law requiring a past and not a

future fact to be proclaimed, and the proclamation, on its face, pointing to a future, not a past fact. This difficulty was felt at

the time of issuing the first proclamation; but it yielded to the impossibility of otherwise obtaining, without great delay, the coveted trade with G. Britain, and an example that might be

followed by France; to the idea that the mode in which the repeal, though future, of the orders and of the law, was coupled

by the proclamation, might, on the occurrence of the former, give a constructive validity to the latter; and to the opportunity afforded by an intervening session of Congress for curing any defect in the proceeding. In one respect, it would have been clearly proper for Congress to have interposed its authorthat is, to provide ity, as was frequently intimated to members;

452

WORKS OF MADISON.

1809.

for the contingency, not so

much of a disavowal by G. Britain, which was never suspected, as of her not receiving the act of her Minister till after the 10th of June. Congress, however, never could be brought to attend to the subject, although it was
pressed by several members, I believe, certainly by on the general ground, that the Proclamation, however
,

in a form, nor under the circumstances, conIn some of the instructions given by Mr. law. templated by Gallatin's circular, a liberty has been taken having no plea but

acceptable,

was not

manifest necessity, and as such will be before Congress. Erskine is in a ticklish situation with his Government.

suspect he will not be able to defend himself against the charge of exceeding his instructions, notwithstanding the appeal he

makes

to sundry others not published.

But he

will

make

out a

strong case against Canning, and be able to avail himself much of the absurdity and evident inadmissibility of the articles dis-

regarded by him. He can plead, also, that the difference between his arrangement and the spontaneous orders of April 26 This difference is too slight to justify the disavowal of him.
seems, indeed, to limit its importance to the case of Holland, and to consist in the direct trade admitted by the arrangement,

and an indirect one through the adjoining

the orders.

ports, required by give importance to this distinction, the Ministry must avow, what, if they were not shameless, they never

To

would avow, that

their object is not to retaliate injury to

an

enemy, but to prevent the legitimate trade of the United States from interfering with the London smugglers of sugar and coffee.

TO THOMAS JEFFERSON.
MONTPELLIER, Aug.
23, 1809.

DEAR

SIR,

I see

by the papers that Mr. Smith has probably

received despatches from Mr. Pinkney by a late arrival; but being in Baltimore, I have not yet heard from him on the subject.

the

The newspaper dates from London were not later than 3d of July; of course give nothing from the Continent. It

1809.

LETTERS.

453

appears only, in confirmation of late accounts, that Russia, as well as Holland, adhere with rigor to the means of excluding Colonial produce, even Dutch in neutral vesBritish Trade.
sels, is

to be

warehoused in Holland.

TO WILLIAM EUSTIS, SECRETARY OF WAR.

MOMTPKLLIER, August
30, 1809.

Several considerations appearing to render it exSIR, that the Commander-in-Chief, now in the Territory of pedient Orleans, should be at the seat of Government, as soon as the
prerequisites to his setting out will permit, you will please to transmit him instructions to that effect.

DEAR

Should the correspondence between the Navy Department and Captain Porter not have been otherwise communicated to
you, the enclosed copy of it will give information proper to be Accept my respects and best wishes. possessed by you.

TO THOMAS JEFFERSON.
MONTPELLIER, Sep tr
11, 1809.

to

I send herewith a few papers which have come SIR, hands, along with those addressed to myself. Jackson, according to a note sent from Annapolis, to Mr. Smith,

DEAR

my

The letters to be in Washington on Friday evening last. from Mr. Pinkney, brought by him, were dated June 23, and merely rehearsed a conversation with Canning; from which it would seem that Canning readily admitted that his second condition (Colonial trade) had no connection with the subject, and that it was not to be expected the United States would accede
was
to the 3
d
,

(G. Britain to execute our laws.)

Why,

then,

make

them ultimate? or if not ultimate, why reject the arrangement of Erskine for not including them? For as to the first article, if he does not fly from his language to Pinkney, the continuance of the non-intercourse against France cannot be denied to be a From this view of the matter, it substantial fulfilment of it.

454

WORKS OF MADISON.

1809.

might be inferred that Jackson comes with a real olive in his But besides the general slipperiness of his superior, some ideas fell from him in his conversation with Pinkney justifying
hand.
distrust of his views.

TO DOCTOR DAVID RAMSAY.

September
I
20, 1809.

have received the Resolutions of the meeting of citSIR, izens in Charleston, on the 5th instant, covered by your favor of the same date. These Resolutions comprise too many circumstances enhancing the value of the patriotism they breathe not to afford particular satisfaction.

However a difference of views may be indulged on subordinate questions of policy, a union of all, on such as evidently af feet the Sovereignty, the honor, or the essential interests of the nation, is a duty to which every denomination of citizens will
whose love of Country elevates them above a spirit of Of this genuine patriotism, the meeting at which you party.
rally,

presided has given a conspicuous example. The occasion which led to this proceeding of your fellow-citizens is as much regretted as it was little to be anticipated. It

could the less have been anticipated, as, besides the respect due to an arrangement solemnly entered into by a plenipotentiary Minister, and not only strictly, but irrevocably, carried into execution by the other party, the arrangement itself was of a nature to claim a ready sanction, even if, contrary to every ground of confidence, it had not been within the scope of previous instructions.

Whether the sequel may

better correspond with the wishes

and hopes of the United States, founded on that attachment to peace which they have proclaimed, and on that exemplary justice which they have practised, remains to be seen. In no event
can the citizens of Charleston lose the merit of having evinced a unanimity and zeal not less calculated to avert than to meet

1809.

LETTERS.

455

aggressions prompted by a misconception of the American character.

For the confidence which

press in

my faithful

the meeting has been pleased to expursuit of the public good, I feel all the ob-

ligations which it demands. In tendering this acknowledgment of them, I beg, at the same time, that you will accept for yourself assurances of my particular esteem.

TO THE GENERAL REPUBLICAN COMMITTEE OF THE CITY AND COUNTY OF NEW YORK.
Sepf
24, 1809.

I have received, fellow-citizens, your address, bearing date the 15th instant, with a due sense of the kind sentiments it expresses, and of the favorable light in which it views my ad-

vancement to the Executive tions which led to it.

trust,

and the several considerais inter-

In proportion as the present situation of our Country

esting, it is consoling to find the conviction becoming universal, that the difficulties rendering it so have resulted from the

accumulated wrongs committed by the principal belligerent nations, in spite of the justice and forbearance of the United States, which ought to have averted them; and that the only

remedy is to be found in a firm and patriotic support of the measures devised and pursued by the Constituted Authorities. The pledge and example of this duty presented in your address is entitled to the highest praise. Devoutly praying that a sympathy and emulation every where may, under the divine blessing, have the happy effect of preserving to our Country the

advantages of peace, without relinquishing its rights or its honor, I tender to you, and to those whose sentiments you conveyed,

my

cordial respects and

my

best wishes.

456

WORKS OF MADISON.

1809.

TO THE WASHINGTON AND JEFFERSON ARTILLERY, AT RICHMOND, VIRG A COMMANDED BY JOHN H. PRICE.
,

have received your letter of the 18th instant, communicating the unanimous resolution of the Washington and Jefferson Artillery, under your command, making a tender of their
SIR,
I

services, in case the exigencies of their

Country should

call for

them.

The

maintenance of

best resource for the security of our Country, and the its rights, being in the unanimity and patriotic

zeal of its Citizens,

no greater satisfaction can be afforded to a Government, faithful to its trust, than results from the confidence which is felt in that public spirit of which your commu-

nication presents so laudable a specimen. Should the painful necessity of appealing to the military virtues of the nation be rendered unavoidable by the future con-

duct of those whose past has been so little amicable or just, the services now proffered cannot fail to receive the attention due
to them.

With my thanks

for the kind expressions for

sonally indebted, I tender SEPT E 26, 1809.

my

respects

which I am perand good wishes.

TO MATTHEW WALTON.
Sept' 27, 1809.

have duly received the resolutions of the inhabitants of Washington County, in Kentucky, assembled on the 28th of
SIR,

August. The determination evinced by these Resolutions to maintain the National rights and honor, against aggressions from whatever quarter, cannot but be acceptable to those to whose responsibility those essential objects are in a material degree
committed.

Persuaded that the difference in the views taken on some points from those which may prevail in the Executive Councils

1809.

LETTERS.

457

is

in such a motive,

combined with the purest zeal for the public good, I perceive and in that reasonable confidence which is ex-

pressed in the constituted authorities, a sufficient assurance that the conduct of my fellow-citizens, at whose meeting you presided, will adapt itself to the course of measures which may
result from a further development of our foreign relations.

and a comprehensive survey

me

the expressions of personal regard and confidence towards my sincere thanks, and a return of my friendly wishes.
I tender

For

TO THOMAS JEFFERSON.
WASHINGTON, Oct.
6, 1809.

DEAR SIR, D. N. What

I inclose, for perusal, a letter

from Mr. Dupont

does he mean by his desire "to contribute" to the

execution of his project of Education? You will observe that he has sent for you a copy of the works of Turgot, as far as

Be so good as to point out the mode in which you wish them to be tiansmitted. I expect a wagon here next month which can take them to Orange, if you prefer that conveyance to a water one to Richmond. The late news from Europe will be found in the newspapers. Jackson has been presented, and is on the threshold of business.
edited.

not deficient in the diplomatic professions, but nothing appears to contradict the presumption that he is so in the requiis

He

site instructions.

TO JOHN M. CREYON.
October
17, 1809.

have received the Resolution unanimously entered into by the Citizens of Columbia, and covered by your letter of the 20th of September. The very unexpected and inauspicious turn given to our relaSIR,
I

tions with G. Britain

by the disavowal of the friendly arrange-

458

WORKS OF MADISON.

1809.

ment concluded by her accredited Minister, could not

excite a lively sensibility

fail to

among a people conscious of their own and satisfied of the reasonable views and good just purposes, faith which have been evinced by their own Government.
In such a posture of our
that a disposition
affairs, it is

more and more prevails

a happy consideration to review the course

which has been pursued in our foreign relations, with a due attention to the causes which have produced and prolonged the embarrassments which have distinguished them, and to unite in support of the public authorities in the measures which may be
best adapted to the peculiarity of the crisis. Such a union alone can be wanted to command respect from foreign nations to our rights, or to vindicate them with success.
I tender to

my

fellow-citizens of

Columbia

my

respects

and

friendly wishes.

TO COL. JOHN

M C INTOSH.
WASHINGTON, October
28, 1809.

I have just received, under your cover of September 25, SIR, the unanimous Resolutions of a Meeting of the Inhabitants of

M lntosh
c

and particularly in that produced by the refusal of the British Government to fulfil an engagement, characterized as was that of its
affairs,

County. In the present unsettled state of our external

Minister Plenipotentiary, faithful citizens of every section of their Country cannot but be warmly alive to the multiplied wrongs which it has suffered, and to the important duty of sup-

porting the Constituted Authorities in the discharge of theirs. The Resolutions which you have transmitted are a proof that
the Citizens of the County of MIntosh are animated by such As far as these may be seconded by a confidence in feelings.

the principles and views which guide the Executive Department, it becomes me to express the sensibility which is due to
it,

to which I add my respects and friendly wishes whose meeting you presided.

for those at

1809.

LETTERS.
TO THOMAS JEFFERSON.
WASHINGTON, Octr

459

30, 1809.

In the operation of removing from my former SIR, the quarters, Digest of the City Code and business, which you had been so good as to furnish me, has, by some unaccountable accident, been lost, or possibly so thrown out of place as not to be found. I have written to Capt. Coles to take Monticello in
his

DEAR

way, and ask the favor of you to permit him to take another copy from your original. As that letter, however, may not reach him, I must beg you to signify my wishes to him, in case
call

he should

on you, as he probably

will.

I inclose the latest accounts from Europe.

Onis has returned

The reality or degree of his disappointment to Philadelphia. is not easily ascertained. His last conversation with Mr. Smith
did not manifest
ill

humour.

How

result, in the actual state of things?

could he expect a different And what motive can

Spain or the Colonies have, in any state of things, to make enemies of the United States? I see nothing to change the view of Jackson, which I formerly hinted to you.

TO THOMAS JEFFERSON.
WASHINGTON, Nov*
6, 1809.

I had I received your letter from Eppington. SIR, not heard that either the Attorney General or the Governor of
Illinois

DEAR

meant

to resign.

Inclosed are several letters for you, received from France by You will see the propriety of my the return of the Wasp. adding one to myself from Mr. ^hort, to be returned after peruParis, of the 19th of September, hostilities in gives no countenance to the rumoured renewal of Austria. The delay of peace in form alone keeps alive such
sal.

Our information from

But why should such an event flatter the hopes of G. Britain? According to all the lessons of experience, it would of her Ally. quickly be followed by a more compleat prostration
rumours.

460

WORKS OF MADISON.

1809.

Armstrong had forwarded

to the French Court the measure taken here in consequence of the disavowal of Erskine's arrangement, but there had not been time for an answer. The

answer to the previous communication had been, let England annul her illegal blockade of France, and the Berlin decree will be revoked; let her then revoke her orders of November, and
This state of the question the Milan decree falls, of course. between the two powers would promise some good, if it were ascertained that by the blockade of France previous to the Berlin decree was meant that of May, extending from the Elbe to It is to be feared that there is Brest, or any other specific act. an an intentional obscurity, or that express and general renunciation of the British practice
is

made

the condition.

From

Gr.

Britain

only newspaper intelligence. The change in the Ministry seems likely to make bad worse, unless we are to look for some favorable change in the extremity to which things

we have

must rapidly proceed under the quackeries and corruptions of an administration headed by such a being as Perceval. Jackson is proving himself a worthy instrument of his patron, Canning. We shall proceed with a circumspect attention to all the circumstances mingled in our affairs, but with a confidence, at the same time, in a just sensibility of the nation to the respect due to it.

TO THOMAS JEFFERSON.
WASHINGTON, Dec r
11, 1809.

DEAR
30
ult.

SIR,

I duly received your

state of Col.

two

letters of the
is

26 and

very nearly what I had supposed. His willingness to have taken a seat in the Cabinet is what I had not supposed. I have written to Major
Neely, according to your suggestion, and shall follow it, also, as r to the distribution of Gov Lewis' papers when they arrive. Fayette, in a letter to me, has been equally urgent on the subject of his land titles, which are required as the basis of a loan. Owing to delays incident to the distance and the nature of the

The

Monroe's mind

1809.

LETTERS.

proceedings in consummating land titles, and more particularly to the miscarriage of a mail containing instructions from Mr. Gallatin, which was long unknown to him, the business has never been compleated. I have renewed my efforts to accelerit, and have so written to Fayette, by the Ship John Adams, which carries a remittance from the Treasury to Holland, and will touch at France and England for collateral purposes. It was found cheaper to make the remittance in this way than by

ate

Exchange, at their present rate. The papers will tell what Congress are about. There is not, as yet, any apyou pearance by which their course can be foretold. The RepubliBills of

cans, as usual, are either not decided, or have different leanings. The Federalists are lying in wait to spring on any

opportunity

of checking or diverting the tide them.

now setting so

strongly against

TO THOMAS HERTELL, N. Y.
Dec'
20, 1809.

DEAR SIR, I have been some time a debtor for your favor of Nov r llth, accompanied by a copy of your Expose. It reached me at a [time?] when my attention had some particular calls on
it;

and I was so unlucky as to lose, by an accident, the answer which I had prepared for a late mail.

I now repeat the thanks it contained for your communication. I have read with pleasure the interesting lights in which you have placed a subject which had passed through so many able

hands.

The

task of abolishing altogether the use of intoxica-

If it ting, and even exhilarating drinks, is an arduous one. should not succeed in the extent at which you aim, your mode of presenting the causes and effects of the prevailing intemperance, with the obligation and operation of an improved police and

of corrective examples, cannot fail to recompense your efforts, though it should not satisfy your philanthropy and patriotism.

A compleat suppression
gence,
if

of every species of stimulating indulattainable at all, must be a work of peculiar difficulty,

462

WORKS OF MADISON.

1809.

since it lias to encounter not only the force of habit, but proIn every age and nation some expensities in human nature.

hilarating or exciting substance seems to have been sought for, as a relief from the languor of idleness, or the fatigues of labor.

In the rudest state of Society, whether in hot or cold climates,

a passion for ardent spirits is in a manner universal. In the progress of refinement, beverages less intoxicating, but still of

an exhilarating quality, have been more or less common. And where all these sources of excitement have been unknown, or been totally prohibited by a religious faith, substitutes have
been found in opium, in the nut of the
betel, the root of the ginseng, or the leaf of the tobacco plant. It would doubtless be a great point gained for our country, and a great advantage towards the object of your publication,
if

ardent spirits could be made only to give

way to malt

liquors,

to those afforded

by the apple and pear, and the lighter and of wine. It is remarkable, that in the counvarieties cheaper tries where the grape supplies the common beverage, habits of
ample.

intoxication are rare; and in some places almost without ex-

These observations, as you may well suppose, are not made for notice in a new edition of your work, of which they are certainly not worthy, even if they would not too much vary from your own view of the subject. They are meant merely as an
expression to yourself of that respect for the laudable object of the Expose, and for its author, of which sincere assurances are tendered.

THE REV D WILLIAM BENTLEY.

WASHINGTON, December 27th, 1809.

In consequence of your favor of the llth instant I have addressed the few lines* enclosed to General Stark. If the
SIB,

possession of this sincere testimony of my esteem be entirely satisfactory, it may, perhaps, be as well that it should not be
*

See the copy on

file.

1810.

LETTERS.

433

followed by a publication; the sole object being to contribute form whatever gratification may be afforded him by learning the sentiments of one of whom he has been pleased to
in that

think and speak so favorably. With an entire confidence in your judicious estimate of the case, I limit myself to this inti-

mation.

Accept, Sir, assurances of

my

friendly respects.

TO PLANTAGENET ECCLESTON.
1810.

SIB,

I have duly received the Medallion of General

Wash-

y ington accompanying your favor of Jau 1, and return my thanks for it. The high veneration in which his memory is held in his

renders such tokens of respect to it in others at once grateful in themselves, and just titles to esteem in those who, looking beyond a national horizon, can do justice to the worthies and benefactors of mankind, wherever seen or however
distant.

own Country

TO THE GENERAL ASSEMBLY OP THE STATE OF NORTH CAROLINA.

January, 1810.

the General Assembly of the 23d of December could not but be received with a satisfaction much enhanced

The Address of

by the unanimity with which they approve the course pursued by the Executive of the United States for maintaining the rights of the Nation, and the respect due to its Government. Whilst the unyielding injustice of Foreign Powers continues to render our situation perplexing, and the preservation of peace more and more uncertain, the Councils of the General Government must find their confidence in the spirit and faculties of the Nation greatly fortified by the co-operating patriotism of the States. Nor could this resource be more honorably or acceptably pledged than in the example

now

given.

464

WORKS OF MADISON.

1810.

In the stress which the General Assembly have been pleased to lay on my capacities and endeavours to promote the welfare
of
of our country, I perceive a partiality which claims the return my affectionate acknowledgments; along with which I tender

assurances of

my

high consideration and best wishes.

TO THE SURVIVING MILITARY CHARACTERS OF THE LATE REVOLU-

TIONARY ARMY AND NAVY, RESIDING IN THE CITY AND COUNTY OF PHILADELPHIA.
January, 1810.

I have received, fellow-citizens, with particular satisfaction, the sentiments you have thought fit to address to me at a moment so interesting to the honor and well-being of our country. The unjust proceedings of Foreign Governments have long been

witnessed by the nation with feelings repressed only by a love of peace, and by hopes founded on appeals to those principles of law and right which have been exemplified in its own con-

These hopes having continually failed, our situation retains its perplexity, and the preservation of peace becomes more and more uncertain. At such a period, it is a precious consideration that the Government of the United States, instead of
duct.

having provoked this inauspicious state of our foreign relations, has been as persevering as it has been sincere in efforts to avert
it;

and that as our wrongs become aggravated, the readiness to maintain our rights becomes more universal. From none was this patriotic spirit more to be looked for than from those who,

knowing most, experimentally, the

ence,
its

must be the

last to suffer its attributes to

price paid for our Independbe impaired in

descent to their posterity. free people, firmly united in a never can of either inspiring respect for despond just cause,
their rights, or of maintaining them against hostile invasions. Should this last alternative, in spite of all our conciliatory endeavours, be forced upon us, it may well be expected, that how-

ever the capacity of our revolutionary champions for active service may be impaired by the infirmities of age, the deficiency

1810.

LETTERS.

435

amply made up by the animation given by their former example and present zeal to their fellow-citizens who have not before been compelled to rally to the banners and the defence of
will be their Country.

Accept assurances of

my

respects and friendly wishes.

TO GEORGE JOY.
WASHINGTON, Jan* 17th, 1810.

your favor of the 10th. Your that our be anxiety Country may kept out of the vortex of war is honorable to your judgment as a patriot, and to your feelings as a man. The same anxiety is, I sincerely believe, felt by the
SIR,

DEAR

I have received

great body of the nation, and by its public councils; most assuredly by the Executive branch of them. But the question may be decided for us, by actual hostilities against us, or by

proceedings leaving no choice but between absolute disgrace and resistance by force. May not, also, manifestations of patience under injuries and indignities be carried so far as to invite this very dilemma? I devoutly wish that the same disposition to cultivate peace

by means of justice, which exists here, predominated elsewhere, But how can this be supposed, particularly in G-. Britain. whilst she persists in proceedings which comprize the essence
of hostility; whilst she violates towards us rules which she enforces against us in her own favor; more particularly whilst we see her converting the late reconciliation, through one of the

Ministers, into a source of fresh difficulties and animosities through another? For in this light must be viewed her disavowal of Mr. Erskine, and the impressions made through his
successor.

Had

the disavowal been

deemed

essential to her in-

terests, a worse plaster could not have been devised for the wound necessarily inflicted here. But was the disavowal essential to

her interests ? was

it

material to them, taking for the

own spontaneous change of system, and her own official language? By the former, I refer to her orders of April, retest her

VOL.

ii.

30

466

WORKS OF MADISON.

1810.

stricting their original orders against neutrals to a trade with

France and Holland; by the latter, to the conversation of Mr. Canning with Mr. Pinkney, in which he abandons, as he could not but do, two of the conditions which had been contemplated; and admits that a non-intercourse law here against Holland was not a sine qua non. So that the arrangement of Mr. Erskine was disavowed essentially for want of a pledge that our non-intercourse would be continued against France and her dominions. But why disavow absolutely, why at all, on this account? The law was known to be in force against France at
It was morally certain that, if the time of the arrangement. in France whilst she was pleading the British force put against

orders,

it

would not be withdrawn

if

she should persist in her

decrees after being deprived of this plea. And there would be no fair ground to suppose that the condition would not be

pledged and stipulated, if required, as soon as the requisite auThe disavowal is the more thorities here should be together.
extraordinary, as the arrangement was to be respected till the 20th July, and, therefore, with the addition of four or five weeks

would have afforded an opportunity of knowing the sense of this Government, and of supplying all that was wanted to This course was so obvious, and satisfy the British ultimatum.
only,

that pursued so opposite, that we are compelled to look to other motives for an explanation, and to include among these a disinclination to put an end to differences from which such advantages are extracted by British commerce and British cruisers.

Notwithstanding
agement,
join in

all these

grounds of discontent and discour-

we are ready, as the British Government knows, to any new experiment, and through either our diplomatic

channel there, or hers here, for a cordial and comprehensive adjustment of matters between the two countries.

Let reparation be made for the acknowledged wrong committed in the case of the Chesapeake a reparation so cheap to the wrong-doer, yet so material to the honor of the injured party;

and

orders in Council, already repealed as to the avowed of retaliation, be repealed also, as an expedient for subobject an illicit commerce in place of that to which neutrals stituting
let the

1810.

LETTERS.

467

have, as such, an incontestable right. The way will then be open for negotiation at large; and if the British Government

would bring into it the same temper as she would find in us, and the same disposition to insist on nothing inconsistent with the rule of doing as she would, or rather as she will, be done by,
the result could not fail to be happy for both. Permit me to remark that you are under a mistake in supposing that the Treaty concluded by Messrs. Monroe and Pink-

ney was rejected because it did not provide that free ships should make free goods. It never was required, nor expected, that such
a stipulation should be inserted. As to deserting seamen, you will find that G. Britain practises against us the principles we
assert against her, and in fact goes further; that we have always been ready to enter into a convention on that subject,

founded on reciprocity; and that the documents long since in print shew that we are willing, on the subject of impressment, to put an end to it, by an arrangement which most certainly

would be better for the Britsh Navy than that offensive resource; and which might be so managed as to leave both parLet me add ties at liberty to retain their own ideas of right. that the acceptance of that Treaty would have very little changed the actual situation of things with G. Britain. The orders in Council would not have been prevented, but rather placed on stronger ground; the case of the Chesapeake, the same
as
it is;

so, also,

the case of impressments, of factitious block-

ades, &c.; all,

ill

as at present, pregnant sources of contention and

subject, I cannot but persuade myself

humour.

From

this

view of the

that you will concur if, unfortunately, the cashould dread visit this hitherto falamity you so benevolently where not vored Country, the fault will you would not wish lye
in opinion, that
it

to lye.

468

WORKS OF MADISON.
TO WILLIAM PINKXET.
Jan? 20,

1810.

181.0.

some days ago a letter of the 10th inSIR, stant from Doctor Logan, containing observations on the posture and prospect of our foreign relations. Before the answer
I received
in

DEAR

was out of my hands, I received another dated four days after, which he merely informed me that he should embark for Eng-

land in about eight days, with an offer to take charge of any communications for you. As his first letter did not glance at any such intention, it must be presumed to have been very suddenly formed.

And

as his last

is

trip, this is left to conjecture.

From

silent as to the object of the the anxiety expressed in

his first letter for the preservation of peace with which appeared to him to be in peculiar danger, and

England, from his

known benevolence and

zeal

on the

subject, it

may reasonably

some form or other, to a of the hostile tendencies which distress him; and that mitigation his silence may proceed from a wish to give no handle for animadversions of any sort on the step taken by him. You will receive from the Secretary of State, unless, indeed,
be supposed that his views
relate, in

opportunity fail through the shortness of the notice, such communications and observations as may be thought useful to you. You will find that the perplexity of our situation is amply dis-

played by the diversity of opinions and prolixity of discussion in Congress. Few are desirous of war; and few are reconciled to submission; yet the frustration of intermediate courses seems The fate of to have left scarce an escape from that dilemma.

Mr. Macon's
ably pass the
it

Bill, as it is called, is

not certain.

It will probI

House of Representatives, and, for aught in by the Senate. If retaliated by G. be concurred may
the circuit of the non-intercourse act.

know,

Britain,

will operate as a non-importation act, and throw exports into If not retaliated-, it may
felt

be

by the British navigation, and, thro' that interest, by the Government, since the execution of the law which relates to the ship, and not to the merchandize, cannot be evaded. With
respect to the E. Indies, the proposed regulation will have the

1810.

LETTERS.

469

effect of

compelling the admission of a direct and exclusive trade

for our vessels, or a relinquishment of this market for India goods, farther than they can be smuggled into it. It just appears that a proposition has been made in the House of Repre-

sentatives to employ our ships of war in convoys, and to permit merchantmen to arm. However plausible the arguments for

tendency to hostile collisions is so evident, that I think its success improbable. As a mode of going into it does not seem to be war, likely generally approved, if war was the object. The military preparations which have been

this experiment, its

recommended, and are under consideration, are what they profess to be, measures of precaution. They are not only justified,
Britain

but dictated by the uncertainty attending the course which G. may take, or, rather, by the unyielding and unamicable traits in her Cabinet and her countenance. Measures of that
sort are also the

more adapted to our situation, as, in the event of accommodation with G. Britain, they may possibly be wanted in another quarter. The long debates on the Resolution of Mr.
on the subject of Mr. Jackson, have terminated in affirmby large majorities. This, with the refusal of the Executive to hold communication with him, it is supposed, will produce a crisis in the British policy towards the United States; to which the representations of the angry Minister will doubtless be calculated to give an unfavorable turn. Should this will views have been the our more seaprecautionary happen, sonable. It is most probable, however, that instead of expressGiles,

ative votes,

it will appear in more extended on our commerce; in declining to replace Mr. depredations Jackson; and, perhaps, in the course observed with respect to you, in meeting which your own judgment will be the best Should a change in the composition or calculations of guide. the Cabinet give a favorable turn to its policy towards this country, it is desirable that no time may be lost in allowing it With this view, you will be reminded of the sevits effect. eral authorities you retain to meet in negotiation, and of the

ing resentment by open war,

by which they are to be exercised; it being always understood, that with the exception of some arrangement touchinstructions

470

WORKS OF MADISON.

1810.

ing the orders in Council, reparation for the insult on the Chesapeake must precede a general negotiation on the questions be-

tween the two countries. At present, nothing precise can be said as to the condition on our part for the repeal of the orders in Council; the existing authority in the Executive to pledge one being expirable with the non-intercourse act, and no other pledge being provided for. As it is our anxious desire, however, if the British Government should adopt just and conciliatory views, that nothing may be omitted that can shew our
readiness to second them, you may offer a general assurance that, as in the case of the Embargo and the non-intercourse acts,

any similar power with which the Executive may be clothed will be exercised in the same spirit. You will doubtless be somewhat surprised to find among the communications to Congress, and in print, too, the confidential conversations with Mr. Canning, reserved from such a use by your own request. It was,
in fact, impossible to resist the pointed call for them, without giving umbrage to some, and opportunity for injurious infer-

ences to others. The difficulty was increased by the connection between those and other communications necessarily falling

within the scope of the rule of compliance in such cases. Finally, there did not appear to be any thing in the conversations which
could warrant British complaint of their disclosure, or widen
the space between you and the British Ministry. As it may not be amiss that you should know the sentiments

which I had expressed to Doctor Logan, and which, though an answer to his letter written previous to the notification of his
intended
trip,

he will of course carry with him, I enclose a copy

of the answer.

The

file

of newspapers from the Department of State will give

I enclose,

you the debates on the case of Jackson.

however, a

speech I have just looked over, in a pamphlet form. Although liable to very obvious criticisms of several sorts, it has presented a better analysis of some parts of the subject than I have observed in any of the speeches.

1810.

LETTERS.
TO

471

WASHINGTON, Jan*
I

31, 1810.

have received your letter of the 25th, inclosing the SIR, unanimous resolutions of a meeting of Citizens of Washington County, at Hager's Town on the 20th instant, approving the course lately taken by the Executive of the United States with
respect to the British Minister Plenipotentiary, and pledging their support of the constituted authorities in such measures as

may be required by
It

must be agreeable at

the unjust conduct of the belligerent Powers. all times, to responsible and faithful

functionaries, to find their proceedings attended with the confidence and support of their fellow-citizens. And the satisfac-

by unanimity in declarations to means of commanding respect for our Among National character and rights, none can be more apposite than proofs that we are united in maintaining both; and that all hopes will be vain which contemplate those internal discords and distrusts from which encouragement might be derived to
that effect.

tion cannot but be increased

the

foreign designs against our safety, our honor, or our just

terests.

in-

TO THE REPUBLICAN CITIZENS OP' THE I st CONGRESSIONAL TRICT OP THE STATE OF PENNSYLVANIA.

DIS-

I have received, fellow-citizens, your Address of the 14th inwith the impressions which its assurances of approbation and attachment could not fail to make; and with every particistant,

pation in your sensibility to the extraordinary circumstances which continue to distinguish our foreign relations. You do no more than justice, as well to my predecessor as to
myself, in referring the course

which has been pursued to a

steady purpose of withholding from each belligerent a pretext for disturbing our rightful intercourse with the other, by observing towards both the strictest impartiality in exercising our neutral rights, and in fulfilling our neutral obligations.

472

WORKS OF MADISON.

1810.

This unexceptionable conduct, which ought to have shielded us from aggressions of every sort, has been followed by a perse-

verance in multiplying them, which no appeals to law, to reason, or to that policy which alone accords with the true interest of
Nations, as of individuals, have succeeded in averting or arresting.
to decide

In this state of things, it lies with the Legislative Councils on the measures adapted to it. That their decision

its

will duly consult the sense of the Nation, and faithfully pursue best interests, is what I feel great satisfaction in presuming;

as I do in witnessing the patriotism which, in your example, unites with a manly expression of your particular sentiments a

confidence in the Constituted Authorities, and a determination to support them. Accept, fellow-citizens, my respects and friendly wishes.

WASHINGTON, Feb y

21, 1810.

TO THOMAS JEFFERSON.
WASHINGTON, April
23, 1810.

DEAR

SIR,

remain in

Yours of the 16th has been received. Congress the unhinged state which has latterly marked their

proceedings, with the exception only that a majority in the House of Representatives have stuck together so far as to pass a Bill providing for a conditional repeal by either of [the] belligerents of their edicts; laying, in the mean time, 50 per cent, to the present duties on imports from G. Britain and France.

What

the Senate will do with the Bill

is

rendered utterly un-

certain

by the policy which seems

to prevail in that branch.

Our last authentic information from G. Britain is of the 28 y The informaFebruary, and from France of the 2d of Feb tion in both cases has an aspect rather promising, but far from being definite; and subsequent accounts, through the ordinary channels, do not favor a reliance on general professions or
.

appearances. Bonaparte seems not to have yet attended to the distinction between the external and internal character of

1810.

LETTERS.
and
to

473

his decrees,

be bending his augmented faculties for anni-

hilating British Commerce with the Continent, with which our corrupt traders have confounded the American flag. And it

hard matter for Wellesley, should he be well disposed, to drag his anti-American colleagues into a change of policy; supported, as they will be, by the speeches and proceedings of
will be a

Congress. From those, the inference will be that one party prefers submission of our trade to British regulation, and the
other confesses the impossibility of resisting it. Without a change of Ministry, of which there is some prospect, it would

be imprudent to count on any radical change of policy. For the moment, I understand that the Merchants will not avail themselves of the unshackled trade they have contended for; a

Embargo being produced by the certainty of a glutted market in England, and the apprehension of British blockades and French confiscations. The experiment about to be made
voluntary
will probably open too late the eyes of the people to the expediency and efficacy of the means which they have suffered to be

taken out of the hands of the Government, and to be incapacitated for future use.

TO THOMAS JEFFERSON.
WASHINGTON, May
7,

1810.

inclosed letter from Jarvis accompanied one SIR, I learn that they have to me, on the subject of the Merinos. arrived safe, but the vessel is aground a few miles below Alex-

DEAR

The

Jo 8 Doherty is gone to bring them up, making the sewarranted lections by Mr. Jarvis. As the means I shall employ to have my pair conveyed to Virginia will suffice for yours, it will be unnecessary for you to attend to the matter till you hear of their arrival in Orange. Although there have been several late arrivals from England, we remain in the dark as to what has passed between Wellesley and Pinkney. The same as to the French Government and Armstrong. You will notice the on which Congress has left our relations with these
andria. footing

474
powers.

WORKS OF MADISON.

1810.

Unless G. Britain should apprehend an attempt from France to revive our non-intercourse against her, she has every earthly motive to continue her restrictions against us. She has our trade, in spite of France, as far as she can make it suit her interest, and our acquiescence in cutting it off from the rest of the world, as far as she may wish to distress her adversaries, to cramp our growth as rivals, or to prevent our interference with her smuggling monopoly. New England and New York are rallying to the Republican ranks. In New Jersey, every branch of the Government is again sound. The election in Massachusetts, now going on, will probably have a like issue with their late one. There is some danger, however, from the federal artifice of pushing the federal towns to their maximum of RepreBoston is to send forty. sentation.

TO WILLIAM PINKNEY.
WASHINGTON, May 23d, 1810.

from the Department of State, as SIR, have our must anticipated, surprise that the answer of Lord you and able view of the case of Jackto Wellesley your very just son corresponded so little with the impressions of that Minister manifested in your first interviews with him. The date of the answer best explains the change; as it shows that time was taken for obtaining intelligence from this Country, and adapting the policy of the answer to the position taken by the advoAnd it must have happened that the intellicates of Jackson. gence prevailing at that date was of the sort most likely to misThe elections which have since taken place in the Eastlead. ern States, and which have been materially influenced by the affair of Jackson, and the spirit of party connected with it, are the strongest of proofs that the measure of the Executive coincided with the feelings of the Nation. In every point of view, the answer is unworthy of the source from which it comes. From the manner in which the vacancy left by Jackson is provided for, it is inferred that a sacrifice is meant of the rewill learn

BEAR

You

1810.

LETTERS.

475

spect belonging to this Government, either to the pride of the British Government, or to the feelings of those who have taken
side with it against their own. On either supposition, it is necessary to counteract the ignoble purpose. You will accord-

ingly find that on ascertaining the substitution of a Charge to be an intentional degradation of the diplomatic intercourse on the part of Great Britain, it is deemed proper that no higher

functionary should represent the United States at London.

sincerely wish, on every account, that the views of the British Government, in this 'instance, may not be such as are denoted

by appearances, or

that,

may be changed.

However

on finding the tendency of them, they the fact may turn out, you will, of

course, not lose sight of the expediency of mingling in every

step you take as. much of moderation, and even of conciliation, as can be justifiable; and will, in particular, if the present despatches should find you in actual negotiation, be governed by
it in determining the question of your devolving on a Secretary of Legation. your The act of Congress, transmitted from the Department of State, will inform you of the footing on which our relations to the belligerent powers were finally placed. The experiment now to be made, of a commerce with both, unrestricted by our laws, has resulted from causes which you will collect from the

the result of
trust

debates and from your own reflections. The new form of appeal to the pftlicy of Great Britain and France, on the subject of the Decrees and Orders, will most engage your attention.
feeble it may appear, it is possible that one or other of those powers may allow it more effect than was produced by As far as pride may have influthe overtures heretofore tried. enced the reception of these, it will be the less in the way, as

However

the law in its present form may be regarded by each of the parties, if it so pleases, not as a coercion or a threat to itself, but

Great Britain, indeed, may a promise of attack on the other. conceive that she has now a compleat interest in perpetuating the actual state of things, which gives her the full enjoyment of
our trade, and enables her to cut it off with every other part of the world; at the same time that it increases the chance of such

476

WORKS OF MADISON.

1810.

resentments in France at the inequality as may lead to hostilities with the United States. But, on the other hand, this very inequality, which France would confirm by a state of hostilities

with the United States, may become a motive with her to turn the tables on G-. Britain, by compelling her either to revoke her
orders, or to lose the commerce of this country. sion that France may take this politic course
tional motive with the British

An

apprehenra-

would be a

to get the start of Nor is this the only apprehension that merits attention. her. Among the inducements to the experiment of an unrestricted

Government

commerce now made, were two which contributed

the majority of votes in
its

essentially to

favor; first, a general hope, favoured accounts from England, that an adjustment of differby daily and ences there, thence in France, would render the measure

and proper; second, a willingness in not a few to teach the advocates for an open trade, under actual circumstances, the
safe

At the next meetfolly as well as degradation of their policy. ing of Congress, it will be found, according to present appearances, that instead of an adjustment with either of the belligeran increased obstinacy in both; and that the inconveniences of the embargo and non-intercourse have been exchanged for the greater sacrifices, as well as disgrace, resultents, there is

ing from a submission to the predatory systems in force. It will not be wonderful, therefore, if the passive spirit which marked the late session of Congress should at the nexfr meeting be

roused to the opposite point; more especially as the tone of the nation has never been as low as that of its Representatives, and
as
it is

merce

rising already under the losses sustained by our comin the Continental ports, and by the fall of prices in our

produce at home, under a limitation of the market to G. Britain. Cotton, I perceive, is down at 10 or 11 cents in Georgia. The great mass of Tobacco is in a similar situation. And the
effect

must soon be general, with the exception of a few articles which do not at present glut the British demand. Whether
considerations like these will

make any favorable impression on the British Cabinet, you will be the first to know. Whatever confidence I may have in the justness of them, I must for-

1810.

LETTERS.

477

get all that has past before I can indulge very favorable exEvery new occasion seems to countenance the bepectations. lief that there lurks in the British Cabinet a hostile feeling

towards

this

Country, which will never be eradicated during

the present reign; nor overruled, whilst it exists, but by some dreadful pressure from external or internal causes.

With

respect to the French Government,

we

are taught by

experience to be equally distrustful. It will have, however, the same opportunity presented to it, with the British Government,

of comparing the actual state of things with that which would be produced by a repeal of its Decrees, and it is not easy to find any plausible motive to continue the former, as preferable to the
latter.

A worse state of

things than the actual one could not

exist for France, unless her preference be for a state of war. If she be sincere, either in her late propositions relative to a chro-

nological revocation of illegal Edicts against neutrals, or to a pledge from the United States not to submit to those of Great
Britain, she ought at once to embrace the arrangement held out by Congress, the renewal of a non-intercourse with Great Brit-

ain being the very species of resistance most analogous to her professed views.
I propose to commit this to the care of Mr. Parish, who is about embarking at Philadelphia for England; and finding that I have missed a day in my computation of the opportunity, I

must abruptly conclude, with assurances of

&c.

my

great esteem,

TO THOMAS JEFFERSON.
WASHINGTON, May
25, 1810.

have duly received your favor of the 13th. the supernumerary Merino Rams for the public benefit had occurred to me. The mode you propose for the purpose seems well calculated for it. But as it will be most proper, as you suggest, to let our views be
SIR,

DEAR

The general idea of disposing of

there will be developed to the public by the execution of them,

478

WORKS OF MADISON.
When

1810.

time for further consideration.

hands, they were

the sheep came into

my

so infected with the scab that I found it ne-

mercurial ointment.

cessary, in order to quicken and ensure their cure, to apply the I hope they are already well. One of the ewes has just dropt a ewe lamb, which is also doing well. I

expect my overseer every day to conduct them to Orange. As he will have a wagon with him, the trip, I hope, may be so managed as to avoid injury to his charge.
Intelligencer will have given you our last communications from G. Britain. That of this morning exhibits

A former National

our prospects on the side of France. The late confiscations by Bonaparte comprise robbery, theft, and breach of trust, and exceed in turpitude any of his enormities not wasting human This scene on the continent, and the effect of English blood. monopoly on the value of our produce, are breaking the charm attached to what is called free trade, foolishly by some, and

John wickedly by others. We are hourly looking for the Adams." There is a possibility that the negotiations on foot at Paris may vary our prospects there. The chance would be
"

better, perhaps, if the last act of

Congress were in the hands of our trade on the worst possible footing which puts Armstrong; at the same Francefor but, time, puts it in the option of her to revive the non-intercourse against England. There is a possibe somewhat affected bility, also, that the views of the latter may
elections; it being pretty certain that the change in the tone of Wellesley from that first manifested to Pinkney was, in part, at least, produced by the intermediate intelligence

by the recent

from the United States, which flattered a fallacious reliance on

the British party here,

TO THOMAS JEFFERSON.
WASHINGTON, June
4,

1810.

have received your two letters of the 25 and 30 ultimo. I have not yet seen any of the Secretaries to whom you have written on the subject of the papers relating to the
SIR,

DEAR

1810.

LETTERS.
I take for

granted they will readily comply with your Mr. is absent on a visit to his farm, in the Gallatin request. western part of Pennsylvania. But his chief Clerk will, I presume, be able to furnish the papers, if any, lying in that Department. The argument of Moreau de Lislet has never been printed,
nor, as I believe, fully translated. The original manuscript, if not in the hands of Mr. Rodney, will be forwarded from the

Batture.

Department of State. What Poydras has said on the subject is herewith inclosed. Although the ground to be taken in the suit against you is not disclosed, I think it not difficult to conjecture
it.

The

act of Congress will be represented as unconstitutional,

and the case of the Batture as not within

judgment.

its scope; and misconstructions as too obvious to be resolvible into official error of

In any event there will be the chance of an obiter

opinion of the Court on the merits of the case, strengthening Till I received your letter, I had the cause of Livingston.
scarcely yielded my belief that a suit had been really instituted. If the Judiciary should lend itself for such a purpose, it cannot
I think, to draw down on itself the unbounded indignation of the Nation, and a change of the Constitution, under that feelIn a ing, carried, perhaps, too far in the opposite direction.
fail,

vital principle is responsibility, it never will the that be allowed Legislative and Executive Departments be should compleatly subjected to the Judiciary, in which that

Government whose

characteristic feature is so faintly seen.

TO THOMAS JEFFERSON.
WASHINGTON, June
15, 1810.

DEAR
official

SIR,

The

the separate packet

inclosed letters were brought,- together with now forwarded, by the John Adams. The

communications received by her from France and G.

Britain you will find in the National Intelligencer of this date. The Editor, I perceive, passes over the obnoxious refusal of G.
Britain to comply with the reasonable course of putting an end to the predatory Edicts of both Nations; and it is not improb-

480

WORKS OF MADISON.

1810

able that a like sensibility to the atrocity of the French Government may direct the public attention from what would other-

wise strike

it

with due force.

TO THOMAS JEFFERSON.
WASHINGTON, June
22, 1810.

DEAR

SIR,

On

the first publication of the despatches by the

so strong a feeling was produced by Armstrong's of the French robbery, that the attitude in which Engpicture land was placed by the correspondence between Pinkney and

John Adams,

Wellesley was overlooked.

to fix itself

The

public attention

is

beginning

on the proof it affords that the original sin against Neutrals lies with G. Britain, and that, whilst she acknowledges
it,

she persists in it. received a copy of Cooper's (the Pennsylvania Judge) masterly opinion on the question whether the sentence of a foreign Admiralty Court in a prize cause be conclusive evi-

Have you

dence in a suit here between the Underwriter and Insured?

is

It

a most thorough investigation and irrefragable disproof of the British doctrine on the subject, as adopted by a decision of If you are without a the Supreme Court of the United States. I will forward one. and copy, provide

TO GOVERNOR SNYDER.
WASHINGTON*, July 5th, 1810.

SIR,

have duly received your letter of June

9,

covering

the Resolutions of the General Assembly of the of Pennsylvania, adopted at their last session.

Commonwealth

The principles and purposes avowed in these Resolutions are such as were to be expected from a State which has given so many proofs of its readiness to maintain the rights and honor
of the nation against foreign aggressions and insults. In this renewed pledge of their co-operation, whenever, in the

opinion of the National Councils, an appeal to the patriotism

1810.

LETTERS.

and force of the American people becomes necessary, the General Assembly afford an example equally animating to those charged with the interests of the Union and worthy the emulation of every

member of it.
assurances of

Accept,

sir,

my

high respect.

TO THOMAS JBPFEESON.
MONTPELLIER, July
17, 1810.

Among the papers relating to the Convention of 1787, communicated to you, that copies in your hands might double the security against destructive casualties, was a delineSIR,
ation, of

DEAR

Hamilton's plan of a Constitution.

On

looking for

it

among the Debates, &c., which were returned to me, this parI conclude, therefore, that it ticular paper does not appear.* had not then been copied, or was at the time in some separate
I am very sorry to trouble you on such a subject, situation. but being under an engagement to furnish a copy of that project, I must ask the favor of you to see whether it be not among

your papers, and

if so, to

forward

it

by the mail.

TO THOMAS JEFFERSON.

DEAR SIR, Yours of the 13th was duly received. I cannot account for your not getting Moreau's Memoir. I have given a hint for it now to be sent from the Department of State. His view of the case ought certainly to be comprized in your examI shall peruse this, when received, with pleasure, it. all the reasons you enumerate, and for some not for though which you do not; and I shall be particularly happy in the visit with which you flatter me.

ination of

Afterwards found.

VOL. n.

31

482

WORKS OP MADISON.
TO MR. GALLATIN.
MONTPELLIER, August

1810.

29, 1810.

DEAR
and
I

SIR,

Your

letter of the 8th instant

came duly

to hand,

have since been favored with that of the 17th. It seems that in the decreasing amount of the Treasury deposits, any distributive transfer of them to the State Banks would not be convenient to the public, and must soon become
unimportant to them. Nothing better, therefore, is practicable mode than a temporary relief of particular Banks, particularly affected by the demands of the National Bank. Application has been made, on this ground, in behalf of the Bank
in that

of Columbia, and equal attention would be due to any other

applications.

The Spaniard who dined with me last winter, and was lately executed at the Havanna, was not the one introduced by Doct*
Thornton.

His particular

title to

my

civilities

r strong recommendation from Doct Rush. was never at my table.

was a letter of The other Spaniard

If the

French decree releasing the American property in the

it

warehouses of Holland be authentic, may apprehended reprisal here?

not be the result of

TO JUDGE TOULMIN.
MONTPELLIER, Sep
r

5, 1810.

favor of July 28 has been duly received. The particulars which it communicates are of a nature to claim the attention of the Executive, and I thank you for yours in transmitting them. I am glad to find, by subsequent informaSIR,
tion, that the indications of

DEAR

Your

a purpose to carry into

effect the

There can be enterprise on Florida had become less decisive. the its nor as to of of the Execuno doubt unlawfulness, duty if to arrest tive to employ force, it, and to make exnecessary, amples of the authors. These are the less to be excused, as there never was a time when private individuals should more

1810.

LETTERS.

483

in which there

distrust their competency to decide for the Nation, nor a case was less ground to distrust the dispositions of
its

the Government, regulated as they must be by the limits of and the actual state of its authority, by foreign relations.

Be pleased

to accept

my

esteem and friendly wishes.

TO

J.

Q.

ADAMS.
WASHINGTON, October
16th, 1810.

DEAR
letter

SIB,

Previous to

my

return to this city, I received a

from Mrs. Adams, your highly respectable mother, communicating your anxiety to leave a situation rendered insupportable by the ruinous expenses found to be inseparable from it, and taking for granted that you had written, or would write,
to the Secretary of State to the same effect. The answer to her was, that as it was not the intention of the Executive to expose
to unreasonable sacrifices, it could not withhold a permission to retire from them, and that you would be so informed from the Department of State. You will accordingly receive

you

letter of leave,

and a blank commission, providing

till

for the

may be appointed. As no communication of your wishes, however, has yet been received from yourself, I cannot but hope that the peculiar urgency mancare of our affairs a successor
ifested in the letter of Mrs.

Adams was

rather hers than yours,

or that you have found the means of reconciling yourself to a continuance in your station. Besides that confidence in the

value of your services which led to the call upon them, there are considerations, which you will readily appreciate, bearing
against a sudden return from a short mission, the occasion for which has been made the subject of so much lucubration. Among them, is the difficulty of shielding the step against unfavorable

cause in the mind of the Emperor; and the evil might become the greater, from the possibility of a protracted intermission, if not entire discontinuance, of a repreconjectures as to
its

sentation of the United States at S* Petersburg, corresponding with the grade of the Russian Minister here. It will, for this

484

WORKS OF MADISON.

1810.

reason, be particularly expedient, in case you should make immediate use of the document sent you, to spare no pains in guarding against a misconstruction of your departure, and in preparing the Russian Government for a delay in filling the va-

cancy, which

of preventing

may be unavoidable, notwithstanding the purpose it. As far as assurances of unabated friendship

here can be of aid to you, they may be given with every emphasis which the sincerity of these sentiments can warrant.
I will add, that whilst I

do not disguise

my wish

that the con-

tinuance of your valuable services may be found not inconsistent with your other and undeniable duties, I cannot, on the
other hand, wish that the latter should be sacrificed beyond a reasonable measure, and within that measure T am entirely per-

suaded that your patriotism will cheerfully make the

sacrifice.

TO THOMAS JEFFERSON.
WASHINGTON, October
19, 1810.

DEAR SIR, I have received your favor of the 15th. All we know of the step taken by France towards a reconciliation with us is through the English papers sent by Mr. Pinkney, who had
not himself received any information on the subject from Gen Armstrong, nor held any conversation with the British Minis1

hope from the step try on it, at the date of his last letters. the advantage at least of having but one contest on our hands
If G. Britain repeals her orders, without discontinuing her mock blockades, we shall be at issue with her on ground strong in law, in the opinion of the world, and even in

We

at a time.

her own concessions. And I do not believe that Congress will be disposed, or permitted by the Nation, to a tame submission;
the less so as
it

would be not only perfidious

to the other bel-

ligerent, but irreconcilable with an honorable neutrality. The crisis in West Florida, as you will see, has come home to our

feelings

and our

interests.

It presents, at the

same

time, seri-

ous questions as to the authority of the Executive, and the adequacy of the existing laws of the United States for territorial

1810.

LETTERS.
And

485

administration.

the near approach of Congress might

subject any intermediate interposition of the Executive to the charge of being premature and disrespectful, if not of being illeStill, there is great weight in the considerations that the Country to the Perdido, being our own, may be fairly taken possession of, if it can be done without violence; above all, if there be danger of its passing intp the hands of a third and dangerous party. The successful party at Baton Rouge have not yet made any communication or invitation to this Govern-

gal.

ment.
Britain,

They certainly will call in either our aid or that of G. whose conduct at the Caraccas gives notice of her

propensity to fish in troubled waters. From present appearances, our occupancy of West Florida would be resented by
Spain, by England, and by France, and bring on not a trianguThe vacancy in the Judiciary lar, but quadrangular contest.
is

the

not without a puzzle in supplying it. Lincoln, obviously, is first presented to our choice, but I believe he will be inflexit.

ible in declining

TO WILLIAM PINKNEY.
WASHINGTON, October
30, 1810.

DEAR SIR, Your August 13 was duly received. Its and conduct of Lord Wellesley are observations on the letter
letter of

an interesting comment on both. The light in which the letter was seen by many in this Country was doubtless such as gave But it was the to its features an exaggerated deformity. natural effect of its contrast to the general expectation founded on the tenor of your private letter to Mr. Smith, and on the circumstances, which, in the case of Jackson, seemed to preclude
is true, also,

light,

It the least delay in repairing the insults committed by him. that the letter, when viewed in its most favorable is an attempt to spare a false pride on one side

unworthy

at the expence of just feelings on the other, and is in every reassumed by the spect infinitely below the elevation of character
British Government, and even to that ascribed to

Lord Welles-

486
ley.

WORKS OF MADISON.

1810,

It betrays the consciousness of a doubt, -with a wish to discharge it in false coin. Had the letter been of earlier date,

and accompanied by the prompt appointment of a successor to Jackson, its aspect would have been much softened. But every thing was rendered as offensive as possible by evasions and delays, which admit no explanation without supposing a double game, by which they were to cheat us into a reliance on fair promises, whilst they were playing into the hands of partizans here, who were turning the delays into a triumph over their own Government. This consideration had its weight in the decision last communicated, with respect to your continuance at London, or return to the United States.

The personal

sensibilities

which your

letter expresses are far

greater than I can have merited by manifestations of esteem and confidence which it would have been unjust to withhold.

As a proof
tire

to excite less of a return.

of your partiality, they ought not, on that account, As little ought your readiness to re-

from your station, from the honorable motives which govern you, to be viewed in any other light than as a proof of the value which attaches itself to your qualifications and services.
It is not to

be denied that a good deal of dissatisfaction has

is-

sued through the press against some of your intercourse with the British Government. But this could have the less influence

on the Executive mind, as the dissatisfaction, where not the mere indulgence of habitual censure, is evidently the result of an honest misconstruction of some things, and an ignorance of others, neither of which can be lasting. I have little doubt that if your sentiments and conduct could be seen through media not before the public, a very different note would have been
heard; and as little, that the exhibitions likely to grow out of the questions and discussions in which you are at present engaged will more than restore the ground taken from you.

on which your return depends, therefore, is whether the conduct of the Government where you are may not render your longer stay incompatible with the honor of the United States. The last letter of the Secretary of State has so in which the fullest placed the subject for your determination,

The

sole question

1810.

LETTERS.

437

confidence is felt. Waiving other depending subjects, not of recent date, a review of the course pursued in relation to Jackson and a successor excites a mixture of indignation and contempt, which ought not to be more lightly expressed than by your immediately substituting a Secretary of Legation for the grade

you hold; unless the step be absolutely forbidden by the weighty consideration which has been stated to you, and which coincides with the sound policy tp which you allude, of putting an adversary compleatly in the wrong. The prevailing opinion here is, that this has been already abundantly done. Besides the public irritation produced by the persevering insolence of Jackson in his long stay, and his conduct during it, there has been a constant heart-burning on the subject of the Chesapeake, and a deep and settled indignation on the score of impressments, which can never be extinguished without a liberal atonement for the former, and a systematic amendment of the
latter.

You have been

already informed that the Proclamation would

issue giving effect to the late act of Congress, on the ground 1 of the Duke de Cadore's letter to Gen Armstrong, which states

an actual repeal of the French Decrees. The letter of W. to you is a promise only, and that in a very questionable shape; the more so, as G. Britain is known to have founded her retaliating pretensions on the unprecedented mode of warfare against her; evidently meaning the exclusion of her trade from the Continent. Even the blockade of May, 1806, rests on the same foundation. These considerations, with the obnoxious exercise
of her
peal,

sham blockades

in the

moment

of our call for their re-

backed by the example of France, discourage the hope

that she contemplates a reconciliation with us. I sincerely wish your next communications may furnish evidence of a more fa-

vorable disposition. It will not escape your notice, and is not undeserving that of the British Government, that the non-intercourse, as now to be reviewed, will have the effect of giving a monopoly of our exin exclusion of hers; portations to G. Britain to our own vessels, a substantial moobtained Britain G. in its old form, whereas,

488

WORKS OF MADISON.

1810.

nopoly for hers through the entrepots of N. Scotia, E. Florida, &c. She cannot, therefore, deprive our vessels, which may now carry our exports directly to G. Britain, of this monopoly, without refusing the exports altogether, or forcing them into difficult and expensive channels, with the prospect of a counteracting interposition of Congress, should the latter experiment be resorted to. Nothing would be necessary to defeat this experiment but to prohibit, as was heretofore contemplated, the ex-

port of our productions to the neighboring ports belonging to Great Britain or her friends.

known by
and
is

The course adopted here towards West Florida will be made The occupancy of the Territhe Secretary of State. Perdido the was called for by the crisis far as as tory there,
understood to be within the authority of the Executive.

East Florida, also, is of great importance to the United States, and it is not probable that Congress will let it pass into any new hands. It is to be hoped G. Britain will not entangle herself with us by seizing it, either with or without the privity of her
allies in Cadiz.

The position of Cuba gives the United States so deep an interest in the destiny, even, of that Island, that

although they might be an inactive, they could not be a satisfied spectator at its falling under any European Government, which

might make a fulcrum of that position against the commerce and security of the United States. With respect to Spanish America generally, you will find that G. Britain is engaged in the most eager, and, if without the concurrence of the Spanish authority at Cadiz, the most reproachful grasp of political inIn turning a provident atfluence and commercial preference.
tention to the

wisdom
faith;

is to is

nor

new world, as she loses ground in the old, her be commended, if regulated by justice and good her pursuit of commercial preferences, if not sec-

onded by insidious and slanderous means against our competitions, as are said to be employed, to be tested by any other A sound judgment of this standard than her own interest. does not seem to have been consulted in the specimen given in the Treaty at Caraccas, by which a preference in trade over all other nations is extorted from the temporary fears and neces-

1810.

LETTERS.

439

sities

of the Revolutionary Spaniards. The policy of the French Government at the epoch of our Independence, in renouncing

every stipulation against the equal privileges of all other nations in our trade, was dictated by a much better knowledge of

human nature, and of the stable interest The elections for the next Congress
result is another

of France.

are nearly over.

The

warning against a reliance on the strength of a British Party, if the British Government be still under a deShould France effectually adhere to lusion on that subject. the ground of a just and conciliatory policy, and G. Britain bring the United States to issue on her paper blockades; so strong is this ground in right of opinion here, and even in the commitment of all the great leaders of her party here, that G. Britain will scarce have an advocate left.

TO THOMAS JEFFERSON.
WASHINGTON, Dec'
7, 1810.

DEAR

SIR,

The

letter inclosed

came

to

me as you
is

though probably meant more

cording to
its

for

me

than you,

it; and forwarded ac-

see

ostensible destination.

have nothing from abroad more than has been made pubThe latest date from Pinkney is the 3d of October. The lic. arrival of November will have been some test, positive or negaHer party here seems puzzled tive, of the views of England. more than usual. If they espouse her Blockades, they must sink
under the odium.
is

We

possible that

And this course is the more desperate, as it she may abandon them herself, under the duress

of events.

Lincoln does not yield to the call I made in a private and to be appointed, hoping pressing letter. Still, some wish him

he

may

serve for a time.

490

WORKS OF MADISON.
TO THE SOCIETY OP ARTS, PHILADELPHIA.
WASHINGTON, Jan?

1811.

28, 1811.

GENTLEMEN, I have received your letter of the 27th instant, communicating, in the name of the Society of Artists established at Philadelphia, its appointment of me as Patron of the InstituI accept has attached to
tion.
it

with due sensibility to the value the Society my friendship for its laudable objects; but not

without regret that this will consist more in favorable inclinations than in the usefulness, which would be the best title to
the distinction. I can only, therefore, return my thanks, through you, for a flattering testimony, made the more so by the terms
in

which you have presented it, with an assurance to the Society, that regarding the Arts which it cherishes as among the endowments and enjoyments which characterize human Society under its highest and happiest destinies, it is one of my ardent

wishes, that the tendency of our free system of Government may be portrayed, as well in what may contribute to embellish the mind and refine the manners, as in those primary blessings of

which

it

already affords so

many

grateful proofs

and presages.

TO THOMAS JEFFERSON.
WASHINGTON, March
18, 1811.

DEAR

SIR,

have received yours inclosing two

letters im-

properly addressed to you.

A sketch, in manuscript, was brought by yesterday's mail from

New
York, saying that a vessel just arrived stated that the Prince Regent had appointed his Cabinet; that Lord Holland was Prime Minister, Grenville Secretary of State, Moira Commander-in- Chief, &c., and that a new Parliament was to be
called.

Whether

these details be correct or not,

it is

highly

probable that some material change in the general policy of the Government, in relation to this Country, as well as in other respects, will result
is it

from the change of the men in power. Nor improbable that a repeal of the Orders in Council will be

1811.

LETTERS.

491

accompanied by a removal, in some form or other, of the other condition required by the act of May last. Still, the attachment to maritime usurpations on public law, and the jealousy of our

growing commerce, are sources from which serious difficulties must continue to flow, unless controuled by the distress of the Nation, or by a magnanimity not to be expected even from the Grenville is known personification of Fox in Lord Holland. to be very high in his notions of British rights on the Ocean; but he has never contended for more on the subject of Blockades than that cruising squadrons, creating a manifest danger in entering particular ports, was equivalent to a stationary His principle, however, though force, having the same effect. construable into an important restriction of that modern pracso as to cover this abuse. It is, as you understand the meaning of Bonaparte towards us. There is little doubt that his want of money and his ignorance of Commerce have had a material influence. He has also distrusted the stability and efficacy of our pledge to renew
tice,

may be expanded
difficult to

remark,

the non-intercourse against G. Britain, and has wished to execute his in a manner that would keep pace only with the execution of ours;

and at the same time leave no interval for the

operation of the British orders, without a counter operation in In all this his folly is obvious. either his or our measures.
Distrust on one side produces and authorizes it on the other, and must defeat every arrangement between parties at a dis-

tance from each other, or which is to have a future or a continued execution. On the whole, our prospects are far from being very flattering; yet a better chance seems to exist than,
itself for closing the

with the exception of the adjustment with Erskine, has presented scene of rivalship in plundering and insulting us, and turning it into a competition for our commerce

and friendship.
In the midst of other perplexities, foreign and internal, a source has been opened very near me, and where co-operation against them was to have been rightfully expected, from personal obligations, as well as public duty. I find, also, that the of Warden is to draw forth the keenest resent-

appointment

492

WORKS OF MADISON.

1811.

ments of Armstrong. I have no doubt, however, that the ground on which we stand is sufficiently firm to support us with the nation, against individual efforts of any sort, or from any quarter.

TO THOMAS JEFFERSON.
WASHINGTON, April
1,

1811.

DEAR

SIR,

I intimated to

you the offence taken by

Arm-

strong at the reinstatement of Warden. It is not improbable that it will be the ground of an open hostility. This will call
into view his present denunciations of Warden, which are pointed against him as an adventurer and impostor, from the

commencement

to the

end of his career, in comparison with the

patronage so long continued to him, and the sentiments heretofore expressed of him. Will you be so good as to send me the
extract from Armstrong's letter, written in the Summer or Fall of 1808, which notifies the appointment of Warden as Consul, and gives the favorable side of his character, as well as the objections to a confirmation of the appointment? the only communication made on the subject.

That

letter

was

You
Smith,

will

have inferred the change which

Col.

is

the Department of State.

Monroe agrees

taking place in to succeed Mr.

who

declines, however, the mission to Russia, at first not

at.

I was willing, notwithstanding many to have smoothed the transaction as much trying circumstances, as possible, but it will be pretty sure to end in secret hostility,

unfavorably looked

great esteem and regard for common friends, such a result is truly painful to me. For the rest, I feel myself on firm ground, as well in the public
if

not open warfare.

On

account of

my

opinion as in my own consciousness. Wilkinson, I find, has lately received a letter from you, which he has shewn to his friends with much apparent gratification.

same time, that the letter is cautious, and Did he disown to limited to the charge of privity with Burr. in letter Clark's the Book, or say any printed anonymous you to that ? relative subject thing
I understand, at the

1811.

LETTERS.
latest information

493

The
able.

closed papers.
little is to

The

from Europe will be found in the inindications from France are rather favor-

Should the old King displace the Regent in England, be hoped from that quarter, unless forced on the Cabinet by national distress. In the last correspondence of Pinkney with Wcllesley, the latter sufficiently shewed his teeth, and received the severest scourging that was ever
diplomatically inflicted.

TO THOMAS JEFFERSON.
WASHINGTON, April
19th, 1811.
,

have received your favor of taining the requested extract from Armstrong's
SIR,
I

DEAR

con-

to

Warden.

Armstrong has entangled

letter relating himself in such gross

inconsistencies, that he may, perhaps, not execute his threat to vindicate his removal of Warden against my reinstatement of

him.

both of
Essex.

This consideration alone will restrain his enmity against You will see the conflict in which he is engaged us.

with Fulton.

Pinkney is weekly expected by the return of the Previous to his taking leave of the Prince Regent, he ascertained, by a correspondence with Wellesley, that his stay

was wished

for the

mere purpose of delay and delusion.

The

mission of Foster, like that of Rose, plays the same game. The convalescence of the King renders the Prince a cypher, and his

Cabinet is inflexible in its folly and depravity. The inclosed " Courier," a Cabinet paper of Poulson publishes from the paper, the doctrine which is to be maintained and modified for
the purposes of plunder.
intelligence from France.

We
The

have been long without

last

official

was not unfavorable.

Ap-

pearances and reports have of late engendered suspicions of foul play. The arrival of two vessels from Bayonne, in the
of trade.

Delaware, with the notice of others to follow, indicate a renewal On the other hand, extracts of letters seem to imply

a continuance of the Iron policy in that quarter. The symptoms of approaching war between France and Russia seem to multi-

494
ply.

WORKS OF MADISON.
I

1811.

am

mant

files,

but as I

sorry to trouble you with a recurrence to your dorknow the facility afforded by the method of

them, I will ask the favor of you to look under the "anonymous " head for a long letter or letters, written from London
in the beginning of 1809, in a disguised hand, and signed "A Man." If received at all, it probably was forwarded by Ly-

man.

ROBERT SMITH, EX-SECRETARY OF STATE *

HAVING seen in the Aurora of the 5th inst., [April, 1811,] and since copied into other Gazettes, an explanation which the Editor says he was authorized to make "of the rupture which has taken place between Mr. Madison and Mr. R. Smith," I have
thought it proper, whilst the circumstances are fresh in remembrance, to preserve them in the following memorandum: On the day of March Mr. S. called on me, as was comofficial business. In the conversation, he alluded to the account in the newspapers of the dismission of Mr. Pickering by Mr. Adams, as just published for the first time by the former. Altho' the manner of Mr. S. did not de-

mon, on some point of

note any purpose beyond the ordinary conversation incident to such a topic, it happened to be the very day on which I meant
to have sent for him, in order to communicate the necessity of making a change in the head of the Department of State. Dropping, therefore, the case of Mr. Pickering, and breaking its apparent relation to his own by the interposition of other subjects, I intimated that, in coming over, he had anticipated my inten-

tion of sending for him, with a view to a conversation, which would be as candid and explicit on my part as it was, in some After remarking respects, delicate and disagreeable in itself.

that I had delayed the execution of after I had formed it, in order that

my purpose for some time my communication might

have the character of being, not the result of any sudden impulse, but of a deliberate regard to public considerations and official duty, I proceeded to state to him, that it had long been
This paper is a copy from the autographical original, consisting of sixteen pages of letter-press, in Mr. McGuire's collection, and endorsed with the following words, also in the handwriting of Mr. Madison: (" Quere: If necessary to
*

become public?)

Memorandum

as to R. Smith,

Ap

1
,

1811."

496
felt,

WORKS OF MADISON.

1811.

and had at length becorne notorious, that the administraDepartment laboured under a want of the harmony and unity which were equally essential to its energy and its success; that I did not refer to the evil as infecting our Cabinet consultations, where there had always been an apparent cordiality, and even a sufficient concurrence of opinion, but as shewing itself in language and conduct out of doors, counteracting what had been understood within to be the course of the administration and the interest of the public; that truth obliged me to add, that this practice, as brought to my view, was exclusively chargeable on him; and that he had not only counteracted what had been the result of consultations apparently approved by himself, but had included myself in representation of the Executive
tions calculated to diminish confidence in the administration

committed to me. He expressed surprise that I should have yielded to such impressions; declared that he had given no cause for them; observing, that it was not to be conceived that
felt by him to be otherwise than friendly, perI told sonally, as well as to the credit of my administration. him that I had long resisted such impressions, well knowing that my conduct to him had merited a very different return;

a motive could be

but that they were the result of facts and circumstances brought to my knowledge from so many sources and with so many corroborations. that
I assured
it was impossible to shut my mind against them. him that I had struggled against the belief as long as I could; that it was painful, as well as difficult, for me to suppose that, conscious, as he must be, of the friendship he had experienced in my nomination of him to the Department of State, and in the constant aids I had given him in discharging its duties,

he should privately set himself against me in any respect; but that what had harassed my feelings in a degree equalled by no
life, was the reflection that there were among those most nearly connected with him a number of individuals whom I had always felt a gratification in classing among the best of my friends, political and personal, and for whom I felt the highest esteem and sincerest affection; and that the idea of distressing them was most severely so to myself. He

occurrence in a long political

1811.

EX-SECRETARY SMITH.

497

repeated his solemn denial of unfriendly conduct in any way towards me, or having done any thing tending to obstruct or embarrass the administration; that, on the contrary, he had been
friend, and had contributed, as far as he and support of the administration. What motive could he have to be otherwise, being himself a member of it, and having neither pretensions nor expectations of any higher sort? What could have given rise to the unfavorable sentiments I had expressed he was at a loss even to conjecture. I told him I was aware of the awkwardness of my situation, in being obliged to refer to information and evidence which had come to me in ways not permitting me to name to him the sources; but I could assure him that the sources were such as made it my duty not to disregard them; and that, unquestionably, he would himself, in my situation, yield to the accumulated statements which had their effect on me. In what instances had

always personally

my

could, to the credit

he set himself against me, or against measures espoused by the administration? I reminded him of a conversation with Mr.
,

reported by the latter, in which he had indulged him-

disparaging remarks on my official character, and that of others in the Cabinet; on the general course of my policy,
self in

signified he disapproved; and in which he had communicated certain Cabinet proceedings, some of which were of so confidential a nature that the gentleman did not consider himself

which he

at liberty to repeat them. I had taken occasion before to drop him a hint that such a conversation had been given out, observing, at the time, that I did
it,

not because I lent an ear to

it,

but, that it

might suggest circumspection. He slighted then the report, as proceeding from a source not likely to be listened to; and now repeated the denial of the conversation, with an allusion to a report from the same source as to a conversation

with another member of the Cabinet, where it appeared that no interview could have taken place. I admitted that if this had been a solitary case, it would have been entirely dismissed from my recollection; but this was far from being the fact,
cases.

altbo' I could not equally enter into a specification of other For examples in which he had counteracted what he

VOL.

ii.

32

498

WORKS OF MADISON.

181L

had not himself disapproved in the Cabinet, I referred to the Bills called Macon's bills, and the non-intercourse bill, on the consultations on which he appeared to concur in their expediency; that he well knew the former, in its outline, at least, had originated in the difficulty of finding measures that would prevent what Congress had solemnly protested against, to wit, a compleat submission to the belligerent edicts; that the measure was considered as better than no tiling, which seemed to be the alternative, and as part only of whatever else might, in the progress of the business, be found attainable; and that he neither objected to what was done in the Cabinet, (the time and place
for the purpose,) nor offered any thing in the place of it; yet it was well understood that his conversations and conduct out of

doors had been entirely of a counteracting nature; that it was generally believed that he was in an unfriendly disposition, personally and officially; and that, altho' in conversations with different individuals he might not hold the same unfavorable language, yet with those of a certain temper it was no secret that

he was very free in the use of it; and had gone so far as to avow a disapprobation of the whole policy of commercial restrictions, from the Embargo throughout. I intimated to him, also, that it was a complaint among our friends in Congress that the Federalists frequently

quoted him for communications from our

unknown to others, the disclosures being sometimes such as to be deemed confidential, and to be turned against the administration. I glanced, also, at the reMinisters abroad which were

port of his conversation with Mr. Morier, in which he (Mr. S.) had expressed his disapprobation of the whole course of policy

observed by the U. States towards G. B.

All these facts he

re-

pelled by a repetition of what he had before said. With respect to his motives for dissatisfaction, I acknowledged that I had

been, for the reasons given by him, much puzzled to divine any natural ones, without looking deeper into human nature than I

was willing

to do;

and

it

was on

this

account that I had so

long resisted the impression which had at length been made on me; that instead of having any just motives to become an adversary, I

knew, and he must be conscious, that in

my

confidential

1811.

EX-SECRI:TARY SMITH.

499

intercourse with him, in my kindness in general, and, above all, in the labor I had taken upon myself in behalf of his official duties, and for his credit, as well as that of the administration, I ought to have found an opposite return. On this subject, as well as every other, I told him I meant, as I ought, to be entirely frank, and must, therefore, say, that it was an imperious consideration for a change in the Department of State, that whatever talents he might possess, he did not, as he must have found by expeadapted to his station; that this had thrown the business more into my hands than was proper, or consistent with my own duties; that as long as I considered him in the light I once did I had cheerfully given him my aid, but that it
rience, possess those

was too much

be expected under actual circumstances, and the increase of the public business had put it out that, moreover, of my power to do his share as well as my own; and that, into

deed, throughout, it was not done as well as might have been by a mind appropriated thereto. I observed that I could appeal to himself for the fact that the business of the Department had not

been conducted in the systematic and punctual manner which was necessary, particularly in the foreign correspondence, and that I had become daily more dissatisfied with it. He did not admit that complaint was well founded, intimating that I had a particular way of thinking on this subject, and that his conduct of the business would fully justify itself on examination. I told him he could not but be in a great error, reminding him of the condition in which his correspondence, more particularly, was brought to me; which was almost always so crude and inadequate, that I was in the more important cases generally obliged to write them anew myself, under the disadvantage, sometimes, of retaining, thro' delicacy, some mixture of his draft; that he

must recollect that in the cases of Erskine and Jackson, the correspondence on his part had, in a manner, fallen entirely on my hands. I reminded him, also, of important failures to make seasonable communications to our foreign agents; particular-

known

izing the case of neglecting, tho' repeatedly desired, to make to our Minister at Paris, as was done to our Minister at

London, that

in case the letter of the

Duke de Cadore

of Aug.

500
5, to
1

WORKS OP MADISON.
Gen Armstrong,
it

1811.

papers, should

be

officially

as reaching us through English newsconfirmed, it would be the ground

of a Proclamation as authorized by the act of May, 1810; and the case of not keeping Mr. Shaler, at the Havanna, duly in-

formed of the state of our foreign relations, in consequence of which, as appeared by Mr. Shaler's letters, he was unable to pursue the object of his mission with advantage. I observed that if he had transmitted at once, in multiplied copies, and thro' different channels, the same information for the French Government as to the B. Government as to the light in which the letter of the D. de Cadore was viewed, it might, by removing uncertainty and distrust as to the course here, have prevented the delay and embarrassment resulting from the course there. The impression made by these remarks was shewn rather by his manner than his comment, which was limited to a general disclaimer of the justness of them; and to allusions to a report that he had expressed to Mr. Ingersoll lately in Washington, a disapprobation of the Proclamation putting in force the nonimportation act against G. B., which he denied to be fact, and said that he had sought out that gentleman, and had obtained
from him a satisfactory explanation. In this stage of the conversation, but in what particular conis not recollected, it was noticed, as a mark of his disinclination to co-operate in promoting measures for the better fulfilling of the Executive trust, that altho' the Act of Congress

nection

at the session preceding that just closed relating to our diplomatic establishment, and of course particularly affecting his department, had been found so very inconvenient, and it had been
so often suggested to him as desirable that some active member of Congress should be apprized of the expediency of amending or repealing the act, yet no such hint had been ever given, till at length I

had availed myself of an opportunity of explaining

it

member of the Senate, who readily introduced to the Senate, but too late in the session to receive an effectHe signified that he had not been in the habit ual attention.
the matter to a

of proceeding in such a

way with

business belonging to the

Legislature, and seemed to disapprove or doubt the propriety

1811.

EX-SECRETARY SMITH.
I

501

of

it.

remarked that where the intention was honest, and the

object useful, the conveniency of facilitating business in that way was so obvious that it had been practised under every past administration, and would be so under every future one; that Executive experience would frequently furnish hints and lights for the Legislature; that nothing was more common than for
to apply for them; and that, in fact, such communications, in cases not calling for formal messages, were indispensable to the advantageous conduct of the public business. A resort to formal messages, on every occasion where

members of Congress

executive information might be useful, was liable to obvious He made no particular reply, but did not seem to objections.
acquiesce. Returning to the necessity of harmony and unity in the Executive Councils, in providing for which I expressed a
disposition to wound feelings any where as little as possible, he said he had himself regretted my situation, in reference to the

want of cordiality among members of the Cabinet, declaring, at the same time, that whilst he was aware of intrigues and hostilities carried on against himself, he had abstained from every
thing of that sort against others, disdaining, at all times, to stoop I told him it was unnecessary to repeat obto such practices.
servations which I had already made; that such was the state of things, that a remedy had become essential in the view of the

most considerate friends of the administration; and that I wished, for the reasons given, to make it as lenient as would answer the purpose. It had occurred to me that he might not be disinclined to serve his country in a foreign mission, and that St. Petersburg, where there was a vacancy, might be an eligiLondon more ble, as it certainly was an important situation. For London, I replied, another arso, he remarked quickly. rangement was thought of; adding, with a view to repress miscalculations, that it was a place of discussions and negotiations, calling for appropriate talents and habits of business. He said he had for a considerable time entertained thoughts of retiring from the Department of State, and had looked towards a vacancy on the Bench of the Supreme Court, likely to be produced ere long by a death in Baltimore, (alluding to Judge Chase.)

502

WORKS OF MADISON.

1811.

I observed that in that event it

might be found most proper to

seek a successor elsewhere; intimating, also, that he had been long out of the practice and study of the law, and that the Senate would probably be hard to please in such a case. He made
light of that consideration, with an expression of confidence in his standing there, which led me to remark that he was not

aware how much room there was

for a different estimate; that

he had assuredly lost ground extremely with the members of both Houses of Congress, in so much that the prevailing sentiment, as brought to

my knowledge

in the

most direct manner,

and from some quarters not unfriendly to himself, called for some arrangement that would at least vary the composition of

He ascribed unfavorable impressions against him, as far as they might exist, to intrigues and calumnies; signifying that there was, however, a body of firm friends, personal and
the Cabinet.
desert him, whatever course things admit that any considerable body of the might in take side against the adminisevent, would, any Republicans the on contrary, many on whom he might perhaps tration; that,
political,

who would not

I did not

take.

count had become dissatisfied with the course he had pursued; that it was not so much, therefore, the consideration alluded to by him which weighed with me, tho' not without weight, especially at the present crisis in Maryland, [the approaching elections of Senatorial Electors,] as the one I had before mentioned, namely, the personal friends common to both of us, that made

me

desirous of smoothing the change become necessary by proposing a mission to Russia, which I sincerely wished him to accept.
I

remarked that the services

there, tho' neither difficult

nor laborious, might be important; that the station was respectable, and that it was desirable to find a minister whose political grade here had been such as would satisfy the expectations of the Emperor, and whose private resources would also aid his
salary in bearing the expensiveness of that Metropolis and Court. He admitted an inclination towards a trip to Europe
eligible than his situation here; and, after a few uninteresting observations, concurred in the measure, with a mutual

as

more

understanding that the appointment would be postponed for

1811.

EX-SECRETARY SMITH.

503

some days, till he could wind up the business of his Department, and prepare for his departure from Washington. I observed
that as the 1st of April closed a quarter, it might be a convenient epoch for the date of his Commission, in which he acquiHe said he supposed there would be no impropriety in esced.
letting
it

be

known

that the mission

was on

foot;

none at

all.

appointment is offered to me? I have no objection, it being of course understood that it is to take place on the 1st of April, and that you will let me be at liberty, as many days previous as may be convenient, to
ised.

After a short pause

May

I say that the

take overt measures for supplying the vacancy; which he promThe conversation closed with his proposal that it should

be considered as entirely confidential, and

in
it.

my

acquiescence

From
office

his conversations
it

and elsewhere,

intention to

and conduct for several days, in his was not doubted that he persisted in his accept the mission, and was making preparations
Circumstances soon, however, began to denote

accordingly.

his declining, after accepta to dine with invitation, party, including the Russian ing my him as was expected, and hear from I did not as and Legation;

and strengthen doubts, particularly

the 1st of April approached, I sent for him. On his arrival, I told him my object, and that I had, according to the understanding between us, caused a commission to be

He said he was himself on the point of comfor him. the view of returning into iny hands his with to over me, ing Commission of Secretary of State, (handing it to me at the same had determined to decline the time,) and to inform me that he
made out
other which had been proffered to him. However disposed he might have been to accept it under other circumstances, it was
as would give it the apimpossible he could do so under such of him as Secretary of rid to get pearance of a mere expedient that a removal of him Baltimore He had learned from State.

was believed

have been determined on, under the influence of intrigues against him, and that this intention was known even to federal members of Congress, as was evinced by their exlanguage on their return home; that the same impression
to

504

WORKS OF MADISON.

1811.

isted elsewhere; that he had, in fact, received letters from his friends, not only in Baltimore, but in Pennsylvania and N. York,

advising him by no means to make himself a party to the transaction by accepting the Russian Mission, which would be re-

garded as a mere cover for his removal. I told him I could not be answerable for the reports or assertions that might be
propagated; that the course I had pursued was the one deemed proper in the circumstances which had resulted from that pursued by him, and had been as delicate and favorable to him as could be reconciled with what I owed to the public and to myself;

that in tendering

him the commission

for Russia, I wished

him

to accept it for the reasons explained to him; that

what the

Federalists said on the occasion must have

grown

out of the con-

versations which had, as was well known, been frequent and free among the friends of the administration, on the necessity of a change in the Department of State. I availed myself of
this turn of the conversation to allude

anew
its

to the reports

and

complaints that the Federalists were the information of our foreign affairs; and to

first to

get from him

being understood

that he had told Mr. Morier that the whole policy of the Government towards G. B. had been contrary to his opinion and This he denied. I assured him there was full evidence advice. that Morier had said so; that this was known to and believed by sundry members of Congress, and had contributed, with

other causes, to strengthen the current running against him.

reminded him of the

from Mr. Morier to him, comthe of non-intercourse being enforced against G. B. plaining conduct of the actual France, in which he (M.) referred during to a conversation in which he (S.) admitted that G. B. had a right to complain; I told him I had been surprised, when he communicated the letter to me, to find no apparent intention of a formal disavowal of that circumstance till I had pressed it on
official letter

him, as material to himself in case the correspondence should be brought before the public or Congress; and that I did not approve of the course finally taken by him, of getting Morier to

withdraw the

letter and substitute another omitting the passage; a course less eligible than the one I had suggested, of a written

1811.

EX-SECRETARY SMITH.

505

disavowal, as Morier's communications to his Government might correspond with his first letter, and might find their way to the public thro' a call for papers by the British Parliament, in which
case the statement would be without his contradiction.
I observed,

were disagreeable

topics,

and

I willingly

These, turned

from them to repeat to him,

sensibility of

that,

with a wish to consult the

common
office

exchange for an

had been ready to give him, in which he professed no longer to relish, a

friends, I

foreign mission, which in itself did not appear to be unacceptable to him; and that it was still in his option, and would remain so for a short time longer, if he wished to deliberate further on the subject. He said he had made up his mind, and meant to be understood as having given his final answer to the He recurred to the aspect it wore of an indirect proposal. him from the Department of State, and to the alleof removal gation of intrigues against him, which had been mistaken for a loss of confidence with the public and with Congress; regretted

the tendency of what

was taking place to injure the Republican cause; observing, again, that he should be supported by a body of friends, and that he knew he could stand on good ground in
I assured justifying himself to his Country. sentiments nor conduct in relation to him

my

him that neither were in the least

facts

the effect of intrigues, to which I should never listen, but of the and considerations I had unfolded to him; that I did not

doubt the friendship for him of a number of respectable and weighty characters; but it was not less true, however disagreeable it might be to dwell on the circumstance, that with the Public, as well as among the members of Congress in both Houses, the tide was setting strongly and extensively against him; that
I regretted as

much

impair harmony time and in this State, but that I believed this was not likely to be much the case; conceiving that the administration rested on

as himself a tendency in any occurrence to among the Republicans, more especially at this

ground as solid as at any preceding period; and that for mydone in relation self, I was entirely confident that what I had to him could be justified, not only to the public, if it should become there necessary, but even to the most partial of his per-

506

WORKS OF MADISON.

jail.

sonal friends; that I could have no personal objection, therefore, to any step he might take which would call the public at-

He said it was not his wish, however confident tention to it. he might be of the ground on which he stood, to introduce anypublic discussion. The conversation being at an end, he took his leave with a cold formality, and I did not see him afterwards.

On reading over the above, I recollect nothing worth mentioning which is omitted; unless it be thought an exception, that in some stage of the conversation I alluded to the pretty
general opposition made by his brother in the Senate to the measures proposed or supposed to be approved by the Executive, and its effect in strengthening the presumption with many
of a like spirit in the Secretary of State; explicitly declaring, at the same time, that however I might be sometimes disappointed at the part taken by his brother, or regret it on account of his talents and his weight, I had always considered myself
to suppose him actuated by a just respect for the independence of his station and his character; and that as he stood in no official connection with the Executive rendering him anywise responsible for his political conduct, I had never permitted

bound

myself to complain of it.

J.M.
APRIL, 1811.

LETTERS, ETC,
TO THOMAS JEFFERSON.
WASHINGTON, May
3,

1811.

I have received yours of the 24th April, and return the letter inclosed in it, after having made the communiSIR,

DEAR

Your expostulations with Duane could not be improved; but he gives proofs of a want of
cation intended for Mr. Gallatin.

candor, as well as of temperance, that will probably repel adThe great fulcrum of his vice, however rational or friendly.
attacks on Mr. Gallatin
is

Erskine's statement of his favorable

dispositions toward England; and these attacks he obstinately reiterates and amplifies, notwithstanding the public and solemn denial of Mr. Gallatin; whilst Mr. Smith and myself, though included in a like statement, under which we have both remained silent, have not been reproached on that account, and Mr. Smith A like want of candor is is become an object even of favor. seen in the comments of the Aurora, on the putative explanation of the rupture between Mr. Smith and myself. Of the alledged points of difference, the main one, viz: the non-intercourse, it appears as his opinion on my side; yet he takes the

other side generally, without alluding to the exception; and, of late, restricts his comments to Macon's bills, or smothers the

"non-intercourse" under an &c., or confounds the measure with the manner of its execution. Again, whilst he admits occasionally that the non-intercourse, or rather non-importation, now in force, is the best and the only adequate resort against the

aggressions of G. Britain, he continues his abuse on the Government for abandoning the interests and rights of the nation.
I

have always regarded Duane, and

still

regard him, as a

sin-

cere friend of liberty, and as ready to

make every

sacrifice to

508
its

WORKS OF MADISON.
Of
these,

1811.

cause but that of his passions. compleatly a slave.

he appears to be

Our expected frigate is not yet arrived from Europe, nor is there any account of the departure either of Pinkney or Foster from G. Britain. The last account from Pinkney was of March

when he was packing up for his passage in Whether the delays proceed from the approach of
13,

the Frigate. the Equinox,

the posture of the Regency, or a wish to learn the result of things in Congress, or from some other cause, is unknown. From the jumble of accounts from France, it is probable that
the repeal of the Decrees is professedly adhered to; and that an exchange of the productions of the U. States and France, with

an exception of certain articles, is permitted by the municipal laws, under vexatious precautions against British forgeries and American collusions; and, perhaps, under some distrust of the
views of this Government.

TO THE INHABITANTS OF THE TOWN OP

I

NEW HAVEN.
which you have

have received,

fellow-citizens, the petition

addressed to me, representing the inconveniences experienced

from the existing non-importation law, and soliciting that the National Legislature may be speedily convened. It is known to all that the commerce of the United States has, for a considerable period, been greatly abridged and an-

noyed by Edicts of the belligerent powers; each professing retaliation only on the other, but both violating the clearest rights of the United States as a neutral nation. In this extraordinary

more

state of things, the Legislature, willing to avoid a resort to war, especially during the concurrent aggressions of two great

powers, themselves at war, the one with the other, and determined, on the other hand, against an unqualified acquiescence, have endeavoured, by successive and varied regulations affecting the commerce of the parties, to make it their interest to be
just.

In the act of Congress out of which the existing non-importa-

1811.

LETTERS.

509

tion has grown, the state of commerce was no otherwise qualified than by a provision, that in case either of the belligerents should revoke its unlawful Edicts, and the other should fail to

do the same, our ports should be shut

chandize of the latter.

to the vessels and MerThis provision, which, like our previous offers, repelled the very pretext set up by each, that its Edicts against our trade with the other was required by our acquiescence in like Edicts of the other, was equally presented to the

attention of both.

In consequence of the communication, the

French Government declared that its Decrees were revoked. As the British Government had expressed reluctance in issuing its orders, and repeatedly signified a wish to find in the example of its adversary an occasion for putting an end to them, the expectation was the more confident that the occasion would be promptly embraced. This was not done; and the period allowed for the purpose having elapsed, our ports became shut to British ships and merchandize. Whether the conduct of the French Government has been and will be such as to satisfy the authorized expectations of the United States; or whether the British Government may have opened, or will open, the way for the Executive removal of the restrictions on British Commerce with the United States, which it continues in its power to do by revoking its own unlawful restrictions on our commerce, is to be ascertained by further information, which will be received and employed by the Executive with the strict impartiality which has been invariably maintained towards the two belligerents.

Whatever may be the inconveniences resulting, in the mean time, from the non-importation act, it was not to have be*, supthe necessary power and pracposed, that whilst it falls within intercourse with foreign Councommercial our tice of regulating to circumstances, the act would be regarded as tries

according not warranted by the Constitution; or that whilst it was a partial restriction only, and had for its object an entire freedom
of our commerce, by a liberation of it from foreign restrictions unlawfully imposed, it could be viewed as destroying commerce; and least of all, that a likeness could be seen between a law en-

acted by the representatives of the Country, with a view to the"

510

WORKS OF MADISON.
in

1811.

interest of the Country,

and Acts of a Government Country was not represented, framed with a view est of another Country at the expense of this.
terests, involve privations

winch the

to the inter-

If appeals to the justice of the belligerents, through their inon our part also, it ought to be rec-

ollected that this is an effect inseparable from every resort by which one nation can right itself against the injustice of others.
If sacrifices made for the sake of the whole result more to some than to other districts or descriptions of citizens, this also is an effect which, though always to be regretted, can never be Whether the appeal be to the sword or to entirely avoided. modifications of customary intercourse, an equal or interruptions of the on community can never happen. operation every part Nor would an unqualified acquiescence in belligerent restrictions on our commerce, if that could be reconciled with what the nation owes to itself, be less unequal in its effect on different local situations and interests. In estimating the particular measure which has been adopted

by the National Councils,

fore,

it may be reasonably expected, therefrom the candor of enlightened citizens, that with the peculiarity of the public situation, they will be impressed, also, with the difficulty of selecting the course most satisfactory, and

best suited to diminish

its evils

or shorten their duration; that

they will keep in mind that a resort to war must involve necessary restrictions on commerce; and that were no measure what-

ever opposed to the belligerent acts against our commerce, it would not only remain under the severe restrictions now im-

new motives would be given for and them. prolonging invigorating These observations are not meant to anticipate the policy which the Legislature may henceforward find best adapted to support the honor or promote the interest of the Nation; or to prejudge questions relative to particular changes which may be
posedby
foreign hands, but

pointed out by experience, or be called for by the state of our foreign relations. Neither do they imply any predetermination
as to the measure of convening the Legislature, which it will be a duty to adopt or decline as our national affairs may appear

1811.

LETTERS.
The view of our

511

situation presented to your patribeen suggested by that contained in your address; and it will have its desired effect, if it recalls your attention to the peculiar embarrassments with which the National Councils have had to contend, and enforces the importance of manifesting that union of all in supporting the measures of the constituted authorities whilst actually in force, which is as necessary to their effect at home and abroad as it is consistent with the right and with the legitimate modes of seeking a revisal of them. In the mode which the Town of New Haven has emotic reflections has

to require.

ployed, I witness with satisfaction, that in exercising the right of freemen, the obligation of Citizens has not been forgotten; and that it affords a pledge and an example which I am far

from undervaluing. I tender you my respects and

my

friendly wishes.

WASHINGTON, May

24, 1811.

TO THE BAPTIST CHURCHES ON NEAT/S CREEK AND ON BLACK CREEK, NORTH CAROLINA.
fellow-citizens, your address, approving my objection to the Bill containing a grant of public land to the Baptist Church at Salem Meeting House, Mississippi Territory. Having always regarded the practical distinction between ReI

have received,

ligion and Civil Government as essential to the purity of both, and as guarantied by the Constitution of the United States, I

could not have otherwise discharged my duty on the occasion which presented itself. Among the various religious societies in our Country, none has been more vigilant or constant in maintaining that distinction than the Society of which you make a part, and it is an honorable proof of your sincerity and integrity, that you are as ready to do so in a case favoring the
It is but just, at interest of your brethren as in other cases. the same time, to the Baptist Church at Salem Meeting House,

to

remark that

their application to the National Legislature

does not appear to have contemplated a grant of the land in

512

WORKS OF MADISON.

1811.

question but on terms that might be equitable to the public as well as to themselves.

Accept

JUNE

my friendly respects. 3d, 1811.

TO THOMAS JEFFERSON.
WASHINGTON, June
7, 1811.

from you to Duane, on the SIR, of Mr. Gallatin: he seems to be incorrigible. If I am not subject misinformed, his eyes are opening to the conduct and character of Mr. Smith, with respect to both of which he has suffered himself to be misled, partly by his own passions, partly by those
I return the letter

DEAR

who took advantage

of them.

You

see the

new shapes our

The occurrence between Rodgers foreign relations are taking. and the British ship of war, not unlikely to bring on repetitions, will probably end in an open rupture or a better understanding, as the calculations of the British Government may prompt or dissuade from war. Among the items in these will

be the temper here, as reported by its partizans. The state of parties in Massachusetts is in this view important, especially as
will attract particular notice by its effect in degrading Pickering, who has made himself so conspicuous in the British serit

vice.

the other hand, much impatience is shewing itself in The little emthe Eastern States under the non-importation.

On

barrassment which occurs in procuring returns for the articles gent from Connecticut to the W. Indies is generating remon-

Embargo. I have been obliged answer one from New Haven, headed by Hillhouse, which The protracted delay of the Esthey have not yet published. sex still leaves us a prey to the ignorance and interested falsehoods which fill our newspapers. It would seem that G. Britain is determined against repealing her orders, and that Bonaparte is equally so on the destruction of her commerce, to which he readily sacrifices his own commerce with the United States. As to the blockade of England, (the decree to which alone the
strances, as in the case of the to

1811.

LETTERS.

513

act of Congress and the Proclamation have reference,) there is no evidence of its being continued in force. All the official evidence is on the other side. And yet, by a confusion of ideas or

language, the appearance is kept up that the ground of the non-importation has failed, and that it is consequently a
artifice of

wrong

to G. Britain.
till

After

all,

we must remain somewhat

in

the dark

the subject; probably till the return of the vessel that carried to France the act of Congress

we hear more on

putting in force the non-importation, for which Bonaparte seems

to be waiting.

TO EDWARD TIFFIN, GRAND SACHEM.

WASHINGTOX, June 23, 1811.

which in the name of the have addressed to me, you Taminy Society
SIB,
I
letter of the 14th instant,

have received the

of

Wigwam N.

1,

in the State of Ohio.

in our National situation to
it

The circumstances

which you

refer could not but render

peculiarly embarrassing to those entrusted with the National rights and interests. Whilst Jus-

however, continues to be the basis of our policy, and the great body of our fellow-citizens remain firm in sentiments and determinations such as are expressed by the society of which
tice,

you are the organ, our Country will be found adequate to every The approbation which the trial to which it may be exposed. Society bestows on the share I have had in the public transactions, and its confidence in my further efforts for the public good, are entitled to my thankful acknowledgments, to which I add a tender of my respects and friendly wishes.

TO THOMAS JEFFERSON.
WASHINGTON. July
8,

1811.

DEAR SIR, Your favor of the 3d came duly to hand. You will have noticed in the National Intelligencer that the wicked
publication of Mr. Smith 33 VOL. ii.
is

not to escape with impunity.

It is

514

WORKS OF MADISON.

18J1.

impossible, however, that the whole turpitude of his conduct can be understood without disclosures to be made by myself
alone, and, of course, as he knows, not to be

made

at all. With-

out these his infamy is daily fastening itself upon him; leaving no other consolation than the malignant hope of revenging his

The case of Erving will ingratitude and guilt on others. in the be better newspaper than I can here explained probably do it. The general facts of it, I believe, are, that the three

own

offices at
it

London were centered

in him, with

one of the salaries

being understood at the time that he would be made only, assessor to the Board under Jay's Treaty, in which case he

would be well recompensed. The Board declined to appoint Still, however, a certain porhim, giving preference to Cabot. On this he charged tion of business passed through his hands.
uals,

the usual commission of 2| per cent., accruing from the individand not from a public fund. Having paid over the whole

of the money of individuals in his hands to the public, instead of retaining his commission, a resort to Congress became necesWhilst the subject was before them, .doubts were excited sary.

made on Mr. Gallatin His report put an end to the difficulty; the appropriation was immediately made; and, but for the perverted view of the matter now before the public, would never more have been thought of. The Treasury officers, though politically adverse to Mr. Erving, do him much justice on the occasion,
as to the merits of the case, and a call
for information.

declaring that his

official

transactions throughout, as presented

in his accounts, are

models of clearness and exactness; that he appears to have saved or gained to the public by his vigilance and assiduity sixty or seventy thousand dollars; that there remains a surplus of unclaimed monies to a considerable amount, the greater part of which will probably never be claimed; and, finally, that the only error committed by Mr. Erving was his not
avoiding the necessity of asking Congress to give back the amount of his commission, by deducting it himself from the sums paid into the public coffers. It has been thought best, whilst Mr. Monroe
is in

cation with the British and French Ministers here,

to

communibe silent

1811.

LETTERS.

515

As the latest information from Russell is prior subject. to the arrival of the non-importation act, the state of our affairs at Paris may be conjectured. Pinkney brings, of course, noththe Foster channel of being ing, English news. I do not know
on the
that he has yet opened himself compleatly to Mr. Monroe; but from the conciliatory disposition of the Prince Regent, and the contrary one of his Cabinet, still deriving an ascendency from the convalescence of the King, you will be very able to dive

You will perceive in the the inclosed a British Minister, which, step by printed paper very unseasonably it would seem, denotes an increasing rigor
into the character of the mission.

towards this Country. According to a preceding interposition with the Court of Admiralty, cases under the orders in Council

had been suspended.

TO JONATHAN RUSSELL.
WASHINGTON, July
24, 1811.

SIR,

have received your

letter of

Jan

2d, with the sketch

of a convention arranged between you and the Marquis AlmaThe purity of your views is attested by the guarded nara.

manner of your proceeding, as well as by the explanations in your letter. But it is proper you should be apprized that such a transaction would be deemed inadmissible on different it by the individgrounds, were it without the feature given to ual agencies and interests so justly denounced by you. For information on other subjects which it may be interestof the ing for you to receive, I refer to the communications State. of Secretary

TO

J.

Q.

ADAMS.
WASHINGTON,

Nov

15, 1811.

Ap

7 DEAR SIR, I have received your several favors of Feb 8th, 1 them in triplicates or 19th, June 3d, and Aug. 17th. all of

duplicates.

516
I need not say I

WORKS OF MADISON.
how
agreeable
it

18U
to me,

would have been

and

am

persuaded satisfactory to the public, if

your inclination

and circumstances had favored the new allotment of your services. Being ignorant of the obstacle arising from the particular state of your family, and inferring, from considerations

known
I

had

to you. that such an exchange might not be unwelcome, proceeded so far in anticipating a decision different from

that which took place in your mind as to hold out the station It has happened that no disapat S*' Petersburg to another.

pointment of any sort ensued to your contemplated successor. I ought not to omit that I did not so far lose sight of the possibility that you might be induced to decline the new ap-

But

pointment as not to have meditated a provision for that event, which would have probably deprived it of its embarrassments. In the present state of things, I have only to wish that your diplomatic situation may continue to be less incommodious than
it

was

at first found,

and that opportunities of rendering

it use-

ful to

your Country may equal her confidence in the fidelity and ability which you will apply to them.

Count Pahlenhas just delivered his letter of leave, in pursuance of the order of the Emperor, which translates him to Rio Janeiro. His excellent dispositions and amicable deportment have justly rendered him so highly and universally agreeable here, that we take for granted that no doubt on that point can have been among the reasons of his sovereign for this change
of his destination.

You

will receive

by

this

conveyance from the Department of

State the late communications to Congress, including the adjustment of the rusty and corrosive affair of the Chesapeake.

The pretension of G. Britain, which requires us, as a neutral nation, to assert against one belligerent an obligation to open its markets to the products of the other, shews a predetermina-

make her Orders in Council co-durable with the war, if even that will fulfil the condition annexed to their repeal. The question to be decided, therefore, by Congress, according to
tion to

present appearances, simply is, whether all the trade to which the orders are and shall be applied is to be abandoned, or the

1811.

LETTERS.

517

hostile operation of

disposition

is

them be hostilely resisted. The apparent certainly not in favor of the first alternative,

though it is more than probable that if the second should be adopted, the execution of it will be put off till the close of the session approaches; with the exception, perhaps, of a licence to
our Merchantmen to arm in self-defence, which can scarcely fail to bring on war in its full extent, unless such an evidence of the declaration of the United States to prefer war to submission should arrest the cause for
it.

The reparation made

for

the attack on the

frigate Chesapeake takes one splinter out of our wounds; but besides the provoking tardiness of the remedy, the moment finally chosen deprives it of much of its

American

by giving it the appearance of a mere anodyne to the excitements in Congress and the Nation produced by the cotemeffect,

porary disclosures.

you pleasure to know that the aggregate of our was never crops greater than for the present year. The grain part of them is particularly abundant.
It will afford

TO JONATHAN RUSSELL.
WASHINGTON, Nov r
15, 1811.

Your letter of June 10th was duly delivered. I SIR, a pleasure in being able to say that the information conveyed to you, with respect to an unfriendly language having been held by Mr. Pinkney against you, is not confirmed by any
feel

DEAR

known to me. He has certainly lodged no nor have I ever heard that he has censured with me, complaint If to the others. reports to you, therefore, be not destitute you
thing heretofore

am persuaded they are great exaggerations, not perversions, of expressions escaping from him, under his anxiety for further information from Paris, and his ignorance
of all foundation, I
if

of the prudential considerations which governed your corre-

spondence.
I have been always equally aware of the delicate situation in which you were placed, having in view the importance, on one

518

WORKS OF MADISON.

1811.

hand, of obtaining from the French Government confirmations of the repeal of its decrees, and, on the other, that of not weakening the ground on which the British repeal was urged; and

was increased by the mixed character of the French some parts of them relating to Great Britain only, others to the United States; and these, again, affecting our neuthis delicacy

decrees,

tral character, so as to give G. Britain a plea for interposing; and partly our National rights or interests, with which G. BritUnder this last head might, in truth, ain had nothing to do. be placed the very case of the N. 0. packet, which must have been seized under a part of the Decrees which did not vioShe entered voluntarily into a French late our neutral rights. violated and conditions only which France, as respects G. port, had an Britain, indisputable right to annex to our trade with The conditions, with respect to us, no otherwise vioherself. lated our rights than as they were enforced under circumstances

giving them a retrospective effect. With a previous notice, they would only have contravened the dictates of friendship and reciprocity.

Referring you to communications from the Department of State, I tender you my esteem and friendly respects.

TO JOEL BARLOW.
(Private.)

WASHINGTON, Nov r

17, 1811.

SIR, by conveyance the proper communications from the Department of State. You will see in them the ground now avowed for the British orders in Council. It must render them co-durable with the war; for nothing but
this

DEAR

You

will receive

a termination of
ish products. former extent.

it

Nor

will re-open the continental market to Britis it probable that peace will do it in its

The pretension which requires the United

States, as a neutral power, to assert an obligation on one belligerent to favor, by its internal regulations, the manufactures of another, is a fitter subject for ridicule than refutation. It

1811.

LETTERS.

519

accordingly has no countenance here, even among the most devoted champions of Great Britain. Whether some of them, by arming themselves with simulated facts and sophistical distinc-

not be emboldened to turn out in her defence, will Nothing has yet passed in Congress disclosing the sense of that body with respect to the moment and manner
tions,

may

soon be seen.

of meeting the conduct of Great Britain in its present hostile shape. disposition appears to enter at once on preparations,

which will probably be put in force, or not, as the effect of them on the British Councils shall be ascertained in the course of
the session. In the mean time, it is not improbable that the merchant vessels may be permitted to arm for self-defence. This can scarcely fail to bring on maritime reprisals, and to end in the full extent of war, unless a change in the British system should arrest the career of events. All proceedings, however, relating to Great Britain, will be much influenced by the con-

duct of France, not only as it relates to a violation of our neutral rights, but of our national ones also; and to justice for the
past as well as for the future, and that, too, not only in cases strictly French, but in those in Naples and elsewhere indirectly
so.

justified in

Altho', in our discussions with Great Britain, we have been viewing the repeal of the French Decrees as suffi-

ciently substantiated to require a fulfilment of the pledge to repeal the orders in Council; yet the manner in which the French

Government has managed

the repeal of the decrees, and evaded

a correction of other outrages, has mingled with the conciliatory tendency of the repeal as much of irritation and disgust as possible.

And

the sarcastic

these sentiments are not a little strengthened by comments on that management with which we are

constantly pelted in our discussions with the British Government, and for which the French Government ought to be

ashamed to furnish the occasion. In fact, without a systematic change from an appearance of crafty contrivance and insatiate cupidity, for an open, manly, and upright dealing with a nation whose example demands it, it is impossible that good will can exist; and that the ill-will which her policy aims at directing against her enemy should not, by her folly and iniquity, be

520

WORKS OF MADISON.

1811.

drawn off against herself. The late licentiousness of the French privateers in the Baltic, the ruinous transmission of their cases to Paris, and the countenance said to be there given to such
abuses, are kindling a fresh flame here;

and

if

a remedy be not

applied, and our merchantmen should arm, hostile collisions will as readily take place with one nation as the other. Were

not that our frigates would be in danger of rencounters with British ships of superior force in that quarter, there could be no scruple at sending thither some of them, with orders to supit

I am press by force the French and Danish depredations. aware that a pretext for these has been sought in the practice

of our vessels in accepting British convoy; but have they not, many instances, at least, been driven to this irregular step await by the greater irregularities practised against them?
in

We

the return of the Constitution, not without a hope of finding the good effect of your remonstrances in a radical change of the

French policy towards

this

Country.

Chesapeake frigate, between Mr. Foster which you and Mr. Monroe, tho' in a stile and extent sufficiently admissible under actual circumstances, has been so timed as to lose
its

The reparation

for the outrage on the will find in the correspondence

by wearing the appearance of a diploThose who value it most do so on the calculation that Mr. Foster is authorized to go forward in the road from which he has removed the stumbling-block. In this they allow
conciliatory effect,

matic ruse.

their wishes to mislead their judgments. From a late communication of Mr. Russell to the Secretary of State, it appears that the French Emperor has very wisely

made up

his

mind

for the

no unworthy attempt will be made to extract money from the occasion: 1. Because it is incompatible with the assumed idea that Spanish America must be independent. 2. Because, without our occupancy, that of Great Britain would be interposed. 3. And essentially, because the pecuniary value of the territory is due from Spain to the
United States.

for the possession of East as well as ted States. It is to be hoped that

Independence of Spanish America; and West Florida by the Uni-

You

ought to know that there

is

good reason

1811.

LETTERS.

521

to believe that

bers of

New

an agent (Keene) for certain grasping land-jobOrleans, and possibly elsewhere, has been treating

with the Cortes, for the vacant lands in East Florida, and it may be counted on that equal art and avarice will mingle themselves with every opportunity for corrupt speculations. Hitherto the Continental Colonies of Spanish America have

masked
to

their views of independence under a nominal adherence Ferdinand, as the head of the whole empire, in contradistinc-

tion to the Cortes, governing the European part of it only. Venezuela, however, has thrown off this mask, has communicated to us its declaration of Independence, and solicits our acknowledging it by receiving a public Minister, &c. Mexico, accord-

ing to our intelligence, which

is difficult and obscure, is still in the struggle between the revolutionary and royal parties. In what manner Great Britain will proceed in the case of

Venezuela, and other districts following

its

example, does not

yet appear. Whilst Ferdinand was acknowledged, it was less difficult to steer between the Cortes and the Colonies. It will
require more dexterity to reconcile her political connections with the former, and her commercial views towards the latter.
If our information from Cadiz be not very erroneous, she is doing us all the mischief there which her influence can effect.

What

her conduct

of East with Cuba may more readily be conjectured. But, like most of her others, it may in the end be a losing one. You will receive from the Department of State a set of Newscountenance as reflected in that papers, and will see the public mirror. I add one or two which happen to be at hand, and to

in the event of our taking possession Florida cannot yet be said. The game she will play

may be

contain some things worth perusal. Accept my great esteem and most friendly respects. To JOEL BARLOW, &c., &c.

522

WORKS OF MADISON.
WASHINGTON, Dec'

18ii.

10, 1811.

have received your letter of November 23d, covering an Address from the Legislature of the State of Tennessee. The patriotic sentiments which it expresses are an honorable sample of those which animate the great body of our fellow-citiThe wrongs which have been so long borne by our zens. Country, in the hope that a sense of justice, and the true policy inseparable from it, would have put an end to them, are persisted in, with aggravations which leave to a nation determined
SIR,
I

not to abandon

its

vindicating them. cherished peace in sincerity, because they are alive to the calamities which begin where peace ends. But they will

rights no appeal but to its own means of The necessity will be deplored by a people

who have

meet those as not the greatest calamities, when a surrender of their sacred rights and vital interests are the alternative. They will meet them with the intrepid firmness inspired by a consciousness that the issue has been unsought on their part, and, I trust, with the unanimity also which such a cause ought to produce.

In the measures by which the navigable streams proceeding from the neighborhood of Tennessee were secured to the United States, the Executive paid a just regard to the importance of them, in both a local and national view, without losing sight of the principles of justice and right on one hand, and of those of The sequel rests with the Nathe Constitution on the other. tional Councils, on which the Legislature of Tennessee properly
rely for all the attention to the particular interests of that State which may be compatible with a comprehensive regard
to the whole.

For the confidence which the Legislature and yourself have been pleased to express in my views and endeavours for the public good I tender my acknowledgments, with assurances of my high respects, and a return of my best wishes.

1812.

LETTERS.
TO GOV R HAWKINS,
I

523

(N.

CAROLINA.)
WASHINGTON, Jan?
4, 1812.

have received your letter of the 26th ult., inclosing the Resolutions of the General Assembly of North
SIR,

Carolina,

of November 5, and declaring their readiness to co-operate in vindicating the violated rights of their Country. Approbation from such a source could not fail, under any cir-

approving the sentiments contained in the Message to Congress

cumstances, to strengthen the satisfaction arising from a consciousness of faithful purposes. In the present conjuncture it is the more gratifying, as it is accompanied by a pledge of cooperation in the measures by which such sentiments may be effectuated.
I heartily join in the hopes you express that the state of our national affairs will have its proper influence in converting party feelings and prejudices into united exertions against the aggressions and insults which the just conduct of our Coun-

try has failed to avert, and I tender you assurances of

respect.

my great

TO THE HOUSE OP REPRESENTATIVES OP THE STATE OP SOUTH CAROLINA.

Jany
8,

1812.

I have received, fellow-citizens, your address, transmitted on the 22d of December, 1811.

the circumstances which impose on the National Counduty of resorting to other means for obtaining respect to the National rights than a continuation of the unavailing
cils the

Under

appeals to the justice of the aggressors, it is an animating consideration that the great body of the Nation appear to be united
in the convictions

Our Country, faithful to the and studious of the blessings of

and feelings which you have expressed. principles which it professed, peace, omitted no pacific effort to engage the belligerents to abandon their anti-neutral sys-

524
terns,

WORKS OF

MA.DISON.

1812.

ample should be given by

other.

persevering in the authorized expectation that if the exeither, it would be followed by the

the repeal of the French Edicts, therefore, was it was reasonably inferred that the occasion declared, officially would be seized by G. Britain to demonstrate the sincerity of

When

her professions, and to remove the obstructions to our commercial intercourse with her which had resulted from the obstructions of our

commerce with her adversary.

Far from making

good the pledge to proceed, even step by step with France, in returning to a respect for our neutral rights, her Government
contended for formalities in the French proceeding not observed even in her own practice, and disputed an evidence of facts

which any other than a reluctant party would have promptly

until, forced into a distrust of these pretexts for adhering to her orders, she has at length made it a condition of their repeal that the markets shut by her enemy shall be opened

embraced;

and manufactures; a condition which, being our right to demand, and our means to effect, equally beyond involves a continuance of the system levelled against our lawful trade during a war itself of indefinite duration.
to her productions

alternative thus presented to the American Nation is rallying it to a vindication of its violated rights; and it would be injustice to its character to doubt that its energy and perse-

The

verance,
justice

when rendered

necessary, will be proportioned to the

to have been prevented. Acquiescence in the practice and pretensions of the British Government is forbidden by every view that can be taken of It would be a voluntary surrender of the persons the subject. and property of our citizens sailing under the neutral guaranty It would recolonize our commerce, by of an Independent flag. a it to foreign authority; with the sole difference that subjecting the regulations of it formerly were made by acts of Parliament, and now by orders in Council. And whatever benefits might

and moderation by which that necessity ought

be reaped by particular portions of the community, whose products are favored by contingent demands, but whose patriotism
will not the less

make a common

cause with every other por-

1812.

LETTERS.

525

tion, experience warns us of the fatal tendencies of a commerce unrestricted with Great Britain, and restricted by her pleasure

and policy elsewhere. Whilst the limited market would continue overcharged with our exports, the disproportionate imports from it would drain from us the precious metals, endanger our monied institutions, arrest our internal improvements, and would strangle in the cradle the manufactures which promNor would the evil be confined to ise so vigorous a growth.
our commerce, our agriculture, or our manufactures. The ship owners and ship builders and mariners must be equally suffer-

Should the regulating power submitted to afford no new preferences to British Navigation, those derived from existing laws and orders would exclude American vessels from the carriage of the products of their own country from its own ports. Finally, an acquiescence in the regulation of our Commerce by
ers.

the belligerent having the command of the sea would be the surest method of perpetuating its destructive edicts. In a state

of things so favorable to its interests, and so flattering to its power, the motives to a change would cease, if a change were

otherwise likely to take place. It is with a just discernment, therefore, that you have regarded a dereliction of our National rights as not less ruinous

than dishonorable, and, with an exemplary patriotism, that you have unanimously resolved to co-operate in maintaining them.

TO THOMAS JEFFERSON.
WASHINGTON, Feb?
7,

1812.

DEAR

SIR,

not requiring
in the lump.

something on

from you, which, I have to acknowledge leave I now beg special answers, I might add that I have delayed it in the hope If there be affairs not uninteresting. our
received several letters
public

it will be found in the any thing at present of this character, have no late official ininclosed paper from New York. formation from Europe; but all that we see from Great Britain

We

indicates an adherence to her

mad

United policy towards the

526
States.

WORKS OF MADISON.

1812

The newspapers give you a sufficient insight into the measures of Congress. With a view to enable the Executive to step at once into Canada, they have provided, after two
months' delay, for a regular force requiring twelve to raise it, and after three months' for a volunteer force, on terms not likely
to raise it at all for that object. The mixture of good and bad, avowed and disguised motives, accounting for these things, is

curious enough, but not to be explained in the compass of a letAmong other jobs on my hands is the case of Wilkinson. His defence fills 6 or 700 pages of the most colossal paper.
ter.

of the Court, oral, written, and printed testimony, month has not yet carried me through are all in proportion. whole. the

The minutes

lies

much ice, which still on the water in view. The reiteration of Earthquakes continues to be reported from various quarters. They have slightly reached the State of New York, and been severely felt West and South Westwardly. There was one here this morning at 5 It was rather stronger than any or 6 minutes after 4 o'clock.
of late a hard winter and

We have had

preceding one, and lasted several minutes; with sensible though very slight repetitions throughout the succeeding hour.

TO JOEL BAELOW.
WASHINGTON, February
24, 1812.

Mr. Morris delivered yesterday morning the SIR, to him, including your letters to me. committed patches

DEAR

dis-

for hastening the departure of the vessel now ordered to France will not permit the Secretary of State to do

The reasons

much more than acknowledge the receipt of your communicaThe instructions you wish relative to the question of a tions.
commercial Treaty with France at this time, as well as the requisite terms, should such an one be admissible, will be subjects
of due consideration and early communication. I see with pleasure the auspicious attentions which have distinguished your intercourse with the French Government, and

LETTERS.

527

the convincing views presented, on your part, of the commercial policy which it ought to adopt towards the United States. From these sources encouragement is drawn. In other
respects,

by were to be invited to the French market, are circumstances which necessarily attract serious notice. The reserve manifested on the subject of the paper alluded to is the more remarkable, as a written sanction to it

the prospect suggests distrust rather than The expectation. delay in answering your note; the vagueness of the answer when given; the refusal to sign the contents of the paper presented by you, even in the ordinary and unexceptionable form proposed; and the substitution of a verbal for a written notification of the orders to the Custom-houses, <fcc., &c., which our merchants

would have

so little committed

Beyond a freedom of the French ports to the products of the United States, under all the existing limitations and inthem.

cumbrances,

it

pledged nothing more than a melioration of

for-

malities as to ownership and origin; leaving Colonial produce on the old footing of special licences. The liberation of the re-

maining ships and cargoes could surely have created no difficulty, if any real purpose of friendship or good faith be entertained. It would seem, therefore, that the objection must have lain against the clause forbidding captures and seizures for other cause than forged papers. The recent condemnations in

mark
ture;

the Baltic cases, and the avowal of the French Consul in Denthat all vessels, whithersoever bound, with Colonial produce, were taken within the orders to capture, favor this conjec-

and

if it

be the true one, adjustment

is

hopeless,

and the

consequences obvious. I do not forget that your understanding of all these particulars was better than mine can be, and that

my

constructions

may be merely

colorable.

wish

this

may be

the case; but we find so little of explicit dealing or substantial redress mingled with the compliments and encouragements,

which cost nothing because they may mean nothing, that suspicions are unavoidable; and if they be erroneous, the fault does
with those who entertain them. the scanty attention I can now give to the subject of a commercial treaty with France I am at a loss for the necessity

not

lie

From

528
of
it,

WORKS OF MADISON.
or the motives of France to set
to gain time,

1812.

it on foot, if it be not and be guided by events. On our side we have nothing to stipulate which is not secured to her, as long as she merits it, by our general system, which leaves our exports and imports free, without any duties on the former, and with moderate ones on the latter. It is on her side that changes and securities are necessary to a friendly reciprocity; and these will for the present be satisfactory to us in the form of stable

meant

regulations, fairly executed.

all

Among

them, a reduced tariff

fa-

our great staples, and a transit thro' French ports to voring inland markets, are indispensable to a continued admission of French staples. The system of licences must be abolished, if
not by France, by us. The neglect of the subject by Congress Such a mode is remarkable, but the event cannot be doubtful. class of citizens and of commerce corrupts one disgusts all the
rest;
cles,

and when the trade licensed

the evil preponderates
still

is

in foreign, not native artiprofit.

more over the

The

French Government seems to have taken up a radical error witli regard to the commercial interests of the two Countries. It

The present footing intolerable to the United States, and it will be prohibited if no essential change takes place. At all times it will be a barter of food and raw materials for superfluities in
overrates our desire of her commodities.

of the commerce

is

great part; and altogether so (with the temporary exception of Colonial re-exports) as long as a balance in money is prevented by the existing policy of France, and a return of useful fabrics

by the war.

Why

might not

Consuls, the place of licenses? ous and obvious. Mr. Gallatin promises to say something to Mr. Lee on this head.
I

or, still better,

certificates of origin from French of direct shipments from our ports, take The advantages of the change are numer-

am

bouillet

concerned that the prospect of indemnity for the Ramand other spoliations is so discouraging as to have led

to the idea of seeking it thro' other objection than the effect

King Joseph.

Were

there no
this

on the public mind here,

would be an insuperable one. The gratification of the sufferers by the result would be lost in the general feeling against the

1812.

LETTERS.

529

measure.

when

so,

But Joseph is not yet settled on the Spanish Throne; de facto, he will be sovereign neither de facto nor de

jure of any Spanish part of this Continent; the whole of which, if it had not on other accounts a right to separate from the peninsula, would derive it from the usurpation of Joseph. So evident is it that he can never be King of a Spanish Province, either by conquest or consent, that the independence of all of them is avowedly favored by the policy which rules him. Nor

would a purchase under Joseph place us an inch nearer our obHe could give us neither right nor possession; and we ject. should be obliged to acquire the latter by means which a grant from him would be more likely to embarrass than promote. I hope, therefore, that the French Government will be brought to feel the obligation and the necessity of repairing the wrongs,
the flagrant wrongs in question, either by payments from the Treasury or negotiable substitutes. Without one or other, or some fair equivalent, there can be neither cordiality nor confi-

dence here; nor any restraint from self-redress in any justifiable mode of effecting it; nor any formal Treaty on any subject. With justice on this subject, formal stipulations on others might

be combinable.

As

the Hornet had reached France before the sailing of the

Constitution, and the latter had not a very short passage, we I hope shall soon look for further communications from you.

they will correspond equally with your patriotic exertions and the public calculations. If they do not exhibit the conduct of the French Government in better colours than it has yet as-

sumed, there will be but one sentiment in this Country, and I need not say what that will be.

Be assured of my
VOL. H.

affectionate esteem.

34

530

WORKS OF MADISON.
TO THOMAS JEFFERSON.
WASHINGTON, March
6,

1812.

1812.

will see that Congress, or rather the House of Representatives, have got down the dose of taxes. It is the strongest proof they could give that they do not mean to flinch
SIR,

DEAR

You

from the contest to which the mad conduct of Great Britain drives them. Her perseverance in this seems to be sufficiently attested by the language of Lord Liverpool and Mr. Perceval in their parliamentary comments on the Regent's Message. The information from France is pretty justly described in the paragraph inserted in the National Intelligencer after the arrival
of the Constitution.

The

prints herewith inclosed are for(of

warded

to

you at the request of Thomas Gimbrede,

N.

York,) the author.

TO THOMAS JEFFERSON.
March
9,

1812.

DEAR
and
I send

the Intelligencer will not publish the Message SIR, documents just laid before Congress for the present mail,

As

you a copy of the former. It is justified by the Documents, among which are the original credential and instructions from the Governor of Canada, and an original despatch from the Earl of Liverpool to him approving the conduct of the secret
agent. This discovery, or rather formal proof, of the co-operation between the Eastern Junto and the British Cabinet, will,

be hoped, not only prevent future evils from that source, but extract good out of the past.
it is to

TO THOMAS JEFFERSON.
WASHINGTON, April
3, 1812.

DEAR
made

SIR,

to the

I have received your favor of the 26th, and have members of the Cabinet the communication you

1812.

LETTERS.

531

suggest with respect to your printed Memoir on the Batture. I learn from the Department of State that some books were received for you, and duly forwarded. What they were was not ascertained or remembered. If they do not, on their
arrival,

correspond with your expectation, let me know, and further enquiry will be made. Meantime, there is in my possession a very large packet addressed to you, which is probably a continuation of Humboldt's draughts, or other maps. It was accompanied by no letter to me, and, being unfit for the mail, waits for the paMonticello.

tronage of some trusty traveller bound in the stage towards A late arrival from G. Britain brings dates sub-

sequent to the maturity of the Prince Regent's authority. It appears that Perceval, &c., are to retain their places, and that
they prefer war with us to a repeal of their Orders in Council. have nothing left, therefore, but to make ready for it. As

We

a step to

it, an embargo for sixty days was recommended to Congress on Wednesday, and agreed to in the House of Representatives by about 70 to 40. The bill was before the Senate

yesterday,
cision.

who adjourned about 4

or 5 o'clock without a de-

Whether this result was produced by the rule which arms a single member with a veto against a decision in one day
on a
bill,

or foretells a rejection of the

that

Bill, I

have not yet

is

heard.

The temper of

body

is

known

to be equivocal.

Such a measure, even

for a limited

and short time,

always

liable to adverse, as well as favorable considerations; and its operations at this moment will add fuel to party discontent and

interested clamor.

and

will be relished
it.

omission of

it is a rational and provident measure, a by greater portion of the Nation than an If it could have been taken sooner, and for a

But

period of 3 or 4 months, it might have enlisted [?] an alarm of the British Cabinet for their Peninsular system on the side of

and would have shaken their obstinacy, if to all; the successes on that theatre being evidently their hold on the Prince Regent, and the hold of both on the Whether, if adopted for vanity and prejudices of the Nation. 60 days, it may beget apprehensions of a protraction, and thence lead to admissible overtures before the sword is stained with
concessions to
us,

be shaken at

532

WORKS OF MADISON.

1812.

Such an effect is blood, cannot be foreknown with certainty. not to be counted upon. You will observe that Liverpool was
secretary for the Foreign Department ad interim, and that CasThe resignatlereagh is the definitive successor of Wellesley.
tion of this last,
little
is

who

mysterious.

There

has received no other appointment, is a is some reason for believing that he

at variance with Perceval, or that he distrusts the stability of the existing Cabinet, and courts an alliance with the Grenit.

ville party, as likely to overset

If none of that party desert

their colours, the calculation cannot be a very bad one; especially in case of war with the U. States, in addition to the distress of British trade

and manufactures, and the inflammation

in Ireland; to say nothing of possible reverses in Spain and Portugal, which alone would cut up the Perceval ascendency by

From France we hear nothing. The d-elay of the the roots. Hornet is inexplicable, but on the reproachful supposition that the French Government is waiting for the final turn of things at London before it takes its course, which justice alone ought
to prescribe

towards

us.

If this be found to be its game,

it

will impair the value of concessions, if made, and give to a refusal of them consequences it may little dream of.

understand the Embargo will pass the Senate to-day, and possibly with an extension of the period to 75 or 90 days.
I

TO THOMAS JEFFERSON.
WASHINGTON, April
24, 1812.

DEAR SIR, I have just received your favor of the 17th. The same mail brings me the "Proceedings of the Government of the United States relative to the Batture," for which you will
accept
I

my

thanks.

had not supposed that so great a proportion of produce, particularly of wheat and flour, was still in the hands of the farmers. In Pennsylvania, it was known to be the case. In New York, almost the whole of the last crop is in the country, though chiefly in the hands of the Merchants and Millers. The

1812.

LETTERS.

533

measure of the Embargo was made a difficult one, both as to its duration and its date, by the conflict of opinions here, and of local interests elsewherej and to these causes are to be added that invariable opposition, open with some and covert with others, which has perplexed and impeded the whole course of our public measures. You will have noticed that the Embargo, as recommended to Congress, was limited to 60 days. Its extension to 90 proceeded from the united votes of those who wished to make it a negotiating instead of a war measure; of those who wished to put off the day of war as long as possible, if ultimately to be met; and of those whose mercantile constituents had ships abroad, which would be favored in their chance of getting safely home. Some, also, who wished and hoped to anticipate the expiration of the terms, calculated on the ostensible postponement of the war question as a ruse against the

Enemy. At present, great differences of opinion exist as to the time and form of entering into hostilities; whether at a very
early or later day, or not before the end of the 90 days, and whether by a general declaration, or by a commencement with The question is also to be letters of Marque and Reprisal.

brought forward for an adjournment for 15 or 18 days. Whatever may be the decision on all these points, it can scarcely be doubted that patience in the holders of wheat and flour at least

them good prices, such is the scarcity all over Euand the dependence of the W. Indies on our supplies. Mr. Manry writes me, on the 21st of March, that flour had suddenly And it is risen to 16^ dollars, and a further rise looked for. foreseen that, in a state of war, the Spanish and Portuguese
will secure

rope,

flags

and papers, real or

counterfeit, will afford a neutral cover

to our produce, as far as wanted, in ports in the favour of G. Britain. Licences, therefore, on our part, will not be necessary;

which, though in some respects mitigating the evils of war, are so pregnant with abuses of the worst sort as to be liable, in
others, to strong objections.

As managed by

the belligerents

of Europe, they are sources of the most iniquitous and detestable practices.

The Hornet

still loiters.

A letter

from Barlow to Granger

534
fills

WORKS OF MADISON.

1812.

us with serious apprehensions that he is burning his fingers with matters which will work great embarrassment and mischief here, and which his instructions could not have suggested.

In East Florida, Mathews has been playing a strange comedy, in the face of common sense, as well as of his instructions. His

extravagances place us in the most distressing dilemma.

TO THE INHABITANTS OF THE

I

TOWN OF MILTON,

IN MASSACHUSETTS.

have received the memorial of the Inhabitants of the

Town

of Milton on the subject of vaccination, and the interesting papers sent with it. These have been distributed as desired,

and

I return

my

thanks for the setts allotted to myself.

In acknowledging the communication, I cannot withhold the tribute due to the exertions made by the Town of Milton for
verifying and diffusing that propitious antidote to one of the severest scourges to the health and the lives of their fellow-men.
all the success to which their benevolence is entiand have the satisfaction to inform them, that the precaution which occurred to them, in behalf of such of their fellowcitizens as may be more particularly exposed in the public service to the infectious malady against which vaccination pro-

wish them

tled;

tects them, has

The sympathy of

been already attended to. the Inhabitants of Milton with the cause of

their injured Country, as well as with that of individual humanity, is a proof that they add the merit of good citizens to that

The patriotic sentiments which they express will. I trust, be found, on trial, to pervade the great body of the Naof good men.
tion;
cils

and

may

I join fervently in their prayer, that our public Counin every vicissitude be under the direction of that Al-

mighty Being who alone can ensure a happy success to them.

MAY

18, 1812.

1812.

LETTERS.
TO THOMAS JEFFERSON.
WASHINGTON,

535

May

25, 1812.

came under cover to me by France has done nothing towards adjusting our differences with her. It is understood that the Berlin and Milan Decrees are not in force against the United States, and no contravention of them can be established against her. On the
SIR,

DEAR

The

inclosed letters

the Hornet.

contrary, positive cases rebut the allegation. Still, the manner of the French Government betrays the design of leaving G. Britain a pretext for enforcing her Orders in Council. And in
all

same.

other respects, the grounds of our complaints remain the The utmost address has been played off on Mr. Barlow's

net,

wishes and hopes; in so much that at the departure of the Horwhich had been so long detained for a final answer without

its being obtained, he looked to the return of the Wasp, which had just arrived, without despair of making her the bearer of some satisfactory arrangement. Our calculations differ widely. In the mean time, the business is become more than ever puzTo go to war with England and not with France arms zling. the Federalists with new matter, and divides the Republicans, some of whom, with the Quids, make a display of impartiality. To go to war against both presents a thousand difficulties; above all, that of shutting all the ports of the Continent of Eu-

rope against our cruisers, who can do little without the use of them. It is pretty certain, also, that it would not gain over the

who would turn all those difficulties The only consideration of weight ministration.
Federalists,

against the adin favor of this

triangular war, as it is called, is, that it might hasten through a peace with G. Britain or France; a termination, for a while, at least, of the obstinate questions now depending with both.

advantage is not certain. For a prolongation of such a war might be viewed by both belligerents as desirable, with as little reason for the opinion as has prevailed in the

But even

this

past conduct of both.

536

WORKS OF MADISON:
TO THOMAS JEFFERSON.
June

1812.

22, 1812.

DEAR

SIR,

The inclosed
it.

that I would forward

one of which it is no answer to it having been received.

letter was sent to me, with a request The reason assigned was, that the a duplicate was presumed to have miscarried,

An

answer

will,

of

course, be expected. I inclose a paper containing the Declaration of war, &c., merely to supply a possible miscarriage of others usually re-

ceived by you. It is understood that the Federalists in Congress are to put all the strength of their talents into a protest against the war, and that the party at large are to be brought

out in all their force.

It is impossible to say

what

effect will follow the assassinait is

doubted whether there will be a successor of the same kidney; whether Wellesley will be the man, with some modifications not affecting the character of the Cabinet; or whether he will be allowed to make one for himself, in which case it is supposed he will bring in the Tax All this will depend on the Prince, who, it seems, is party.
tion of Perceval.

In England,

ruled at present of 60 years, has

by Lady Holbert, [Hertford ?] who, at the age some secret fascination for his vitiated caprice.

TO
WASHINGTON, July
25, 1812.

I have received the address from "The Convention of SIR, Counties of the State of Republican Delegates from the several

New

Jersey," explaining the sentiments entertained, at this The sentiments are crisis, by that portion of my Constituents. of Citizens who know the value of the character the worthy

National rights at stake in the present contest, and who are sincere and persevering efforts which willing to do justice to the have been employed to obtain respect to them without a resort
to arms.

1812.

LETTERS.

537

the nation against whom this resort has been no choice but between that and the proclaimed greater evil of a surrender of our Sovereignty on the Element on which all nations have equal rights, and in the free use of which the United States, as a nation whose agriculture and commerce are so closely allied, have an essential interest.
left

The conduct of

The appeal to force in opposition to the force so long continued against us had become the more urgent, as every endeavor short of it had not only been fruitless, but had been followed
by fresh usurpations and oppressions. The intolerable outrages committed against the crews of our vessels, which, at one time, were tho result of alleged searches for deserters from British ships of war, had grown into a like pretension, first, as to all British seamen, and next, as to all British subjects; with the invariable practice of seizing on all neutral seamen of every Nation, and on all such of our own seamen as British officers interested in the abuse might please to demand.

The Blockading orders in Council, commencing on the plea of retaliating injuries indirectly done to G. Britain, through the direct operation of French Decrees against the trade of the
her, and on a professed disposition to proceed step by step with France in revoking them, have been since bottomed on pretensions more and more extended and arbitrary,

United States with

till at length it is openly avowed as indispensable to a repeal of the Orders as they affect the U. States, that the French De-

crees be repealed as they affect G. Britain directly, and all other neutrals, as well as the United States. To this extraordinary avowal is superadded abundant evidence that the real
object of the Orders
is,

not to restore freedom to the American

Britain, which could, indeed, be little interof France, but to destroy our lawful comthe Decrees rupted by her own unlawful commerce with her with as merce, interfering enemies. The only foundation of this attempt to banish the
flag from the highway of Nations, or to render it subservient to the commercial views of the British Govwholly and exploded doctrine that the ocean, is the absurd ernment,

Commerce with G.

American

not less than the land,

is

susceptible of occupancy and dominion;

538
that this dominion

WORKS OF MADISON.
is

1812

hands of G. Britain; and that her laws, not the law of Nations, which is ours as well as hers, are to regulate our maritime intercourse with the rest of the world.
in the

When

the United States assumed and established their rank

among the nations of the Earth, they assumed and established a common Sovereignty on the high seas, as well as an exclusive sovereignty within their territorial limits. The one is as essential as

the other to their character as an Independent Nation.

However conceding they may have been on controvertiblo points,

or forbearing under casual and limited injuries, they can never

submit to wrongs irreparable in their kind, enormous in their amount, and indefinite in their duration; and which are avowed and justified on principles degrading the United States from the

rank of a sovereign and independent power. In attaining this high rank, and the inestimable blessings attached to it, no part of the American people had a more meritorious share than the
people of New Jersey. From none, therefore, may more reasonably be expected a patriotic zeal in maintaining by the sword the unquestionable and unalienable rights acquired by it, and

which

it is

found can no otherwise be maintained.

TO GENERAL DEARBORN.
WASHINGTON, August
9,

1812.

DEAR
edge
is

SIR, your favors which I have to acknowlthat of the 3d ultimo, from Boston. I am glad to find
last of

The

that you are again at Albany, where your presence will aid much in doing all that can be done for the reputation of the campaign. The lapse of time, and the unproductiveness of the

year,

laws contemplating a regular force, and volunteers for an entire and under Federal commissions, compel us to moderate some of our expectations. It was much to have been desired
that simultaneous invasions of Canada, at several points, particularly in relation to Maiden and Montreal, might have secured the great object of bringing all Upper Canada, and the channels communicating with the Indians, under our command;

LETTERS.

539

with ulterior prospects towards Quebec flattering to our arms. This systematic operation having been frustrated, it only remains to pursue the course that will diminish the
disappoint-

ment as much as

you will have learnt, is preparing a Maiden; and that he may descend towards Niagara with greater effect and be the more secure against Indian dangers, a reinforcement of 1,500 men is ordered, which will be promptly supplied by the overflowing zeal of the detached militia of Ohio and Kentucky.

possible. Hull, as force for the attack of

We hope

that your arrangements with

Governor Tompkins

will have

provided an effective co-operation for subduing the hostile force opposite ours at Niagara, and preparing the way for taking possession of the country at the other extremity of Lake OnIn these events, we shall have in our hands not tario. only all the most valuable parts of the Upper province, but the important command of the Lakes. It appears that Hull was making

an

effort to

cess in

overpower the British force on Lake Erie, his which will be critically useful in several respects.

suc-

In addition to these measures, it is essential, notwithstanding the advance of the season, and the difficulties thrown in our way, that the expedition against Montreal should be forwarded

by

all

the means in your power.

it

The number of regulars

that

cannot even yet be ascertained; but it is sufficiently ascertained that an extensive auxiliary force will be wanted; and it is nearly as certain that this will not be furnished by the Volunteer Act of February, unless a sudden ardor

can be procured for

overcoming the objections to it should be inspired by the vicinity of the object and the previous conquests. The last resource, therefore, on which we are to depend, is that portion of the detached and other militia which may be within reach, will comply with the call, and voluntarily unite with their officers in

To this rerejecting geographical limits to their patriotism. source I hope you will turn your full attention, with a view to
the immediate steps proper to be taken to enable it to supply the deficit of regulars and volunteers; with respect to the latter of which, as far as they are within a practicable distance, the

number known here

to be in readiness

is

very inconsiderable.

540

WORKS OF MADISON.
the

1812.

From

Vermont and New Hampshire

militia favorable ex-

pectations are indulged, the State authorities being well disposed As to Massachusetts and Connecticut, to promote the service.
even, notwithstanding the obstructions created by the Governors, it is not yet decided that the spirit of some of the detached

and other corps may not give effect to your requisitions. Should an adequate force be attainable from the whole or part of the sources referred to, you will be the best judge how far a demonstration towards

Quebec will be proper

if

in aid of the measures

of any Should it be found impracticable to take it this campaign, will it be possible to occupy any other post that will cut off the intercourse with the Indians thro' the Ottowas river? You will have noticed the arrival of a dispatch vessel from against Montreal; which,
sort,

we can take by any means

we

shall find the

means of holding.

the British Government.

ter that

Nothing

is

disclosed from that quar-

ought in the slightest degree to slacken our military exertions.

where he will will which take leave his family. place in a few I find myself much worn down, days, I propose a like respite. and in need of an antidote to the accumulating bile, of which I am sensible, and which I have never escaped in August on tideState
is

The Secretary of

on a

visit to his farm,

On

his return,

water.

TO JOEL BARLOW.
WASHINGTON, August
11, 1812.

DEAR

SIR,

As

I write

on short notice and in cypher,

must

be very brief. The conduct of the French Government, explained in yours on the subject of the decree of April, 1811, will of the
,

be an everlasting reproach to it. It is the more shameful as, departing from the declaration to General Armstrong, of which the enforcement of the non-importation was the effect, the re-

1812.

LETTERS.

54}
itself as the effect;
its

voking decree assumes this as the cause, and and thus transfers to this Government the
author.

inconsistency of

The decree of April may, nevertheless, be used by Great Britain as a pretext for revoking her orders, notwithstanding the contrary language of Lord Castlereagh in Parliament. An
authentic, tho' informal, communication has just arrived in a despatch vessel 'from Great Britain, importing that the orders

were

be revoked on the 1st of August, subject to renewal if required by the conduct of France and the United States, parto

ticularly if the non-importation act should not be forthwith rescinded on the arrival of the act of revocation. As this pledge

was given before the declaration of war was known, it may not be adhered to. It is not improbable, however, that it was hurried
off,

the

same

as a chance for preventing an apprehended war; and dislike to the war may possibly produce advances for
if

terminating it, which, ily embraced.

the terms be admissible, will be read-

In the event of a pacification with Great Britain, the full tide of indignation with which the public mind here is boiling will

be directed against France, if not obviated by a due reparation War will be called for by the nation almost of her wrongs.

una

voce.

Even without a peace with England,

the further re-

France on the subject of redress may be expected to produce measures of hostility against her at the ensuing session of Congress. This result is the more probable, as the general exasperation will coincide with the calculations of not a few, that a double war is the shortest road to peace.
fusal or prevarications of

have been the more disposed to furnish you with these prospects that you may turn them to account, if possible, in prosecuting your discussions with the French Government, and be not unprepared to retire from them altogether on a sudden notice so to do. Your return home may possibly be directed even
I

before the meeting of Congress, if the intermediate information should continue to present the French conduct in the provoking
light in

which

it

has hitherto appeared.

is

The Secretary of State

absent.

But you will receive from

542

WORKS OF MADISON.

1812.

Mr. Graham the usual supply of current intelligence, to which I have not time to write to General La Fayette. I refer you. With my best regards to him, tell him that Congress rose without deciding as to the validity of the remaining locations near

Point Coupee.
Affectionate respects.

TO THOMAS JEFFERSON.
WASHINGTON, August
17, 1812.

DEAR SIR, I have received yours of the 10th, and return, as you request, the letter of Mr. Higginbotham. He will probably have understood from Col. Monroe that the Consulate of Lisbon is the object of numerous and respectable candidates. The seditious opposition in Massachusetts and Connecticut,

with the intrigues elsewhere insidiously co-operating with it, have so clogged the wheels of the war that I fear the campaign With the most united efwill not accomplish the object of it. forts in stimulating volunteers, they would have probably fallen

much

enlistments.

short of the number required by the deficiency of regular But under the discouragements substituted, and

the little attraction contained in the volunteer act, the two classes together leave us dependent for every primary operation on militia, either as volunteers or draughts for six months. are, nevertheless, doing as well as we can in securing the

We

maritime frontier, and in providing for an effective penetration into Upper Canada. It would probably have been best, if it had been practicable in time, to have concentrated a force which
could have seized on Montreal, and thus, at one stroke, have secured the upper Province, and cut off the sap that nourished

Indian hostilities.
sacrificing the

But this could not be attempted without Western and North Western Frontier, threatened

with an inundation of savages, under the influence of the British establishment near Detroit. Another reason for the expedition
of Hull was, that the unanimity and ardor of Kentucky and

1812.

LETTERS.

543

Ohio promised the requisite force at once for that service, whilst was too distant from the other points to be assailed. We just learn, but from what cause remains to be known, that the
it

important post of Michilimackinac has fallen into the' hands of the enemy. If the reinforcement, of about 2,000, ordered from the Ohio, and on the way to Hull, should not enable him to
take Maiden and awe the savages, emboldened by the British It is hoped that success, his situation will be very ineligible.

he will either be strong enough, as he has cannon and mortars, to reduce that Fort, or to leave a force that will justify him in
passing on towards the other end of Lake Erie, and place the
British troops there between him and those embodied, under arrangements of Dearborn and Tompkins, at Niagara, for the purpose of occupying the central part of Upper Canada. In the mean time, the preparations against Montreal are going on, and perhaps may furnish a feint towards it that may conspire

with the other plan. I find that Kingston, at the East end of Lake Ontario, is an object with Gen Dearborn. The multipli1

cation of these offensive measures has

sive precautions for the Frontiers of

grown out of
York.

the defen-

New

We
it

known

have no information from England since the war was there, or even seriously suspected, by the public. I think not improbable that the sudden change in relation to the
first in

Orders in Council,

and then a

repeal,

was the

effect of

yielding to a qualified suspension, apprehensions in the Cabi-

net that the deliberations of Congress would have that issue; and that the Ministry could not stand against the popular torrent against the Orders in Council, swelled, as it would be, by the addition of a war with the United States to the pressure of
the non-importation act. declaration here shall be

What

course will be taken

is

when

the

known uncertain, both in reference to the American shipments instituted under the repeal of the

for pushOrders, and to the question between vindictive efforts for terminating it. ing the war against us, and early advances communierroneous very informal and, as it has turned out, hurried was over, cation of the intended change in the Orders of war, if it evidently with a view to prevent a declaration

544

WORKS OF MADISON.
And
the communication

1812.

should arrive in time.

was accompa-

nied by a proposal from the local authorities at Halifax, sanctioned by Foster, to suspend hostilities, both at sea and on land. The late message of Prevost to Dearborn, noticed in the news-

The insuperable objections to a papers, has this for its object. concurrence of the Executive in the project are obvious. Without alluding to others, drawn from a limited authority, and from the effect of patriotic ardor, the advantage over us in captures would be past before it could take effect. As we do not apprehend invasion by land, and preparations on each side were to be unrestrained, nothing could be gained by us, whilst arrangements and reinforcements adverse to Hull might be decisive; and on every supposition the Indians would continue to.be
active against our frontiers, the
fall

so in consequence of the but triumphant operations Nothing on the theatre which forms their connection with the enemy

more

of Michilimackinac.

will controul their bloody inroads.

I

have been indulging

my

hopes of getting away from this

It is quite possible, place in the course of the present week. As yet, I be here that however, indispensable. may my stay

have

less of bilious sensations

than

could have expected.

TO REV D

S.

SPRING.
MOXTPELTER, Sept'
6, 1812.

have received your favor of August 26. I recollect our collegiate friendship with the same impressions which Nor have I for' it gives me pleasure to find you still retain.
SIR,
I

REV

at a gotten the pleasant hours that passed between us,

later day,

much

under

my own

roof.
it is to [?] to

We

all feel

the weight of the times, and

that all cannot unite in the measures opposed

be regretted them. If it

were proper

for me, it might not be agreeable to you, to discuss the subject; but I will not conceal the surprize and the pain I feel at declarations from any portion of the American people that measures resulting from the national will, constitutionally

1812.

LETTERS.

545

pronounced, and carrying with them the most solemn sanctions, are not to be pursued into effect without the hazard of civil
war. This is surely not the legitimate course. Neither is it the language on other occasions heard from the same quarter, nor a course consistent with the duration or efficacy of Gov-

any

ernment.

Permit me to express equal surprise that this extraordinary opposition to the war declared against Great Britain is most emphatically rested on an alliance or a connection with France, presumed to exist, or be intended, in the face of demonstrations to the contrary with which the slightest degree of candor ought to be satisfied.

Without entering into comparisons between different districts of the Union with respect to the suffering which led to the war, or the objects at stake in it, it is clear that every district felt

more or

less the evils which produced it, and is more or less deeply interested in the success of it. It is equally certain that the way to make it both short and successful, would be to con-

ft

vince the enemy that he has to contend with the whole, and not part of the Nation. Can it be doubted that if, under the pres-

sure added by the war to that previously felt by G. Britain, her Government declines an accommodation on terms dictated

by justice, and compatible with, or rather conducive to, her interest, it will be owing to calculations drawn from our internal
divisions? If she be disposed to such an accommodation, it will be evinced in due time, to the most prejudiced and mi-smformed, that the earliest and fairest opportunities are not withheld. I need scarcely remark that this is a letter altogether private, and written in confidence that it will be so received.

TO MAJR GENL DEARBORN.

WASHINGTON, October
7, 1812.

have received your favor of Sep 30. I am glad succeeded in producing such apprehensions have you at Montreal as to prevent reinforcements from that quarter to

DEAR

SIR,

to find that

VOL. n.

35

546

WORKS OF MADISON.
*

1812.

the posts above. It would have been fortunate if you could have derived such Militia and Volunteer aids from Vermont and

Eastward of it as might have substantially a like controul on Prevost, and thereby have augmented the regular force ordered
to Niagara.

haps, a better use of

Appearances denote a better spirit, or rather, perit, in the Eastern quarter; but it may be too late and too distant to answer immediate purposes; unless, indeed, the Volunteers of Maine, and the Militia or Volunteers
of

New Hampshire,

should be in sufficient numbers and forward-

ness to prevent descents on our maritime frontier by a show towards Nora Scotia, which would excite defensive attention at

The advance of the season would, I presume, render a measure of that sort unavailing at Quebec. Yet there is undubitably the sensorium to which projects of alarm may be
Halifax.

most successfully addressed, when not too palpably chimerical. You will receive from the War Office th-e last information from
prospect of doing something towards the campaign. The promptitude and numbers of the retrieving his under command will at least save the Military charforce
acter of that part of the nation, will satisfy G. Britain that the tendency of defeat is to rouse, not depress, the American spirit, and will stamp deep on the Indian mind the little security they

Gen Harrison. He has a

1

have in British protection. As Harrison seems to be making sure of food for his army, and the measures taken promise seasonable supplies of other necessaries, I see nothing to prevent

And if the great exhis reaching Detroit early in this month. ertions on foot to give him cannon should not fail, it may be
hoped he will not only be in possession of that place, but of Maiden' also, and proceed towards a still more effectual co-opNor do we despair of his eration with the forces at Niagara. success should the cannon not reach him in time, if the British garrisons be such as are represented, and he can carry with him
the force he has in view; e,ince he will be able to proceed with a very impressive portion, and leave sufficient investments and precautions behind. The artillery sent from this place had travelled nearly to Pittsburg, at a rate which promised a good

chance for

its

reaching Detroit before November,

if

not by the

1812.

LETTERS.
As
Hull's

547
lost, it is to

20th of this month.

army was

be

re-

gretted that the misfortune did not take place a little earlier, and allow more time, of course, for repairing it within the present season. This regret is particularly applicable to the Great Lakes. What is now doing for the command of them proves

what may be done. And the same means would have been used
in the first instance, if the easy conquest of them by land held out to us had not misled our calculation. The command of the

Lakes by a superior force on

tire water ought to have been a fundamental point in the national policy from the moment the peace took place. Whatever may be the future situation of Canada, it ought to be maintained, without regard to expense.

means for the purpose, and can better afford the than G. Britain. Without the ascendency over those expense waters we can never have it over the savages, nor be able to
secure such posts [as] Makinaw. With this ascendency we command the Indians, can controul the companies trading with

We have more

them, and hold Canada, whilst in foreign hands, as a hostage

for peace

and

justice.

do not wonder you are oppressed with labour, as well from the extent of your command, rendered necessary by the mutual
I

relations between its objects, as from the deficiency of General Officers, and particularly the difficulty and delay in bringing

The effect of the staff department even into its present state. these circumstances in burdening you with details has been severely felt here, in throwing them where they as little belonged.

To

ments, at least,

war with due advantage, more effectual inducemust be put into the hands of recruiting officers. The volunteer system must be essentially improved, the use of the militia secured to the constitutional authority, and an addition made to the General Officers, both of Divisions and Bricarry on the

gades. It will be equally essential to discriminate better the functions of the several staff Departments, and to have heads

of them in immediate contact with the

War

Department.

Ex-

but that will ever perience enforces these truths; and nothing have inculcate them. nothing important from sufficiently

We

abroad but what

is in

the Newspapers.

548

WORKS OF MADISON.

1812.

TO THE SENATE

AND HOUSE OF REPRESENTATIVES OF THE STATE

OF SOUTH CAROLINA.
October 10th, 1812.

I have received, fellow-citizens, your joint address, transmitted by the President and Speaker. In the unanimous determination to support the war in which

our country

is

engaged, you have given a conspicuous proof of

your fidelity to the National rights and sensibility to the National character. It is a war worthy of such a determination;
having
its
its object,

origin neither in ambition nor in vain-glory; and for neither an interest of the Government distinct from

that of the people, nor the interest of a part of the people in opposition to the welfare of the whole. It is a war which was

forced

by persevering injustice on exhausted forbearance. And having been called for by the public voice, every motive ought to be felt to bear its necessary pressure with cheerfulness, and to prosecute it with zeal to a successful issue. The approbation you have been pleased to express of the agency which fell to my lot in resorting to the only mode left of maintaining for our Country the rights and the rank of an
I tender independent Nation, claims my acknowledgments. them, with my fervent wishes that a general emulation and exer-

tion of the patriotism exhibited by the Legislature of South Carolina may speedily secure to the United States the blessings

of a just and honorable peace.

TO THOMAS JEFFERSON.
WASHINGTON, October
14, 1812.

DEAR
letter

SIR,

I received

from Mr. Meigs. Mr. Mansfield, who preferred it to that of the surheld by him, and who has just obtained the exchange; veyorship and a commission for the place vacated has just been sent to Mr. Meigs, who was long ago recommended for it, and who, it
allotted to

your favor of the 2d, inclosing the The place he wishes has been long

1812.

LETTERS.

549

was understood, wished it. It is the more probable that it will be acceptable to him as he has connections in the Western Country, particularly the Governor of Ohio. I see so little chance of being able to peruse the lucubrations
of Faronde you were so good as to send me, that I replace them,
for the present at least, in your hands. The last intelligence from the Westward left a military crisis near Fort Defiance. Winchester, with about half the army,

was encamped within

3 miles of the

encampment of about 300

British troops, with some field pieces, and a body of Indians, stated at 2,000 or 2,500. It is probable they were destined against Fort Wayne, with the general view of finding employ-

ment

for our forces on their way to Detroit, until the season should be spent, or Brock could send troops from below. Of our affairs at Niagara and the neighbourhood of Montreal it is

difficult [to] judge, the force of the enemy being imperfectly known, and that under General Dearborn depending so much on circumstances. Our best hopes for the campaign rest on Harrison; and if no disaster, always to be feared from Indian

combats, befall him, there is a probability that he will regain He has a force of 8 or 10,000 Detroit, and perhaps do more. men at least, enthusiastically confiding in him, and a prospect
of adequate supplies of every sort, unless it be cannon, which, though on the way, may possibly encounter fatal delays. This

however, he appears not to make a sine qua non; nor be wanted for Detroit, if it be true, as is reported, that every piece has been withdrawn by the British. The latest accounts from Europe are in the newspapers. The ideas of which Foster and Russell are put in possession will soon draw from the British Government some evidence of their views as to peace. From France we hear nothing, and shall
article,
it

will

that situ-ation. probably meet Congress under the perplexity of The current elections bring the popularity of the war, or of In the Administration, or both, to the Experimentum crucis.

though less otherwise than In the would appear. Congressional Districts the Republicans, have not lost I believe, ground at all, notwithstanding the auxthis State the issue is not favorable,

550
iliaries to

WORKS OF MADISON.

1812.

Federalism. In the State Legislature they will be in a minority on a joint vote. Pennsylvania, although admitted to be shaken, is represented to be safe. New Jersey is doubtful,

at least.

The same

is

the case with

Carolina, other States remain pretty decided on one hand or on the other.

also, is

reported to

New Hampshire. North be in considerable vibration. The

TO GOVERNOR GALUSHA.
WASHINGTON, November
30, 1812.

Sm, I have received your letter of the 7th instant, communicating a Resolution of the General Assembly of Vermont, pledging their co-operation with the General Government and with

Had the nation in the present contest with a Foreign power. this contest originated in causes appealing with a less indiscriminate force to the

common

interests

and honorable

feel-

ings of every portion of our fellow-citizens, that respect for the will of the majority regularly proclaimed, which is the vital principle of our free Constitution, would have imposed on all

the sacred duty which is thus laudably recognised by the State of Vermont; and the discharge of which is enforced by the pow-

nothing can more contribute to prolong the attainment of its just objects, than embarrass and the contest
erful consideration, that

the encouragement afforded to the hopes of the enemy pearances of discord and discontent among ourselves.

by ap-

In doing justice to the patriotism which dictated the Resolution transmitted, I take a pleasure in remarking that it is heightened by the particular exposure of Vermont to the pres-

war necessarily brings with it, and in assuring exertions of her citizens will add new that proportionate myself In the war which made us an Indelustre to their character.
sure which the

pendent nation their valor had a conspicuous share. In a war which maintains the rights and attributes of Independence on the Ocean, where they are not less the gift of nature and of nature's

God

than on the land, the same zeal and perseverance

1812

LETTERS.

551

may be

confidently expected from the same pride of liberty and love of Country. Accept the assurances of my high respect and best wishes.

TO WILLIAM EUSTIS, SECRETARY OP WAR.

WASHINGTON, December
4, 1812.

have received your letter of yesterday, with the SIR, which could not but result from your purpose of reimpressions tiring from an office so nearly related to that which has been
I

DEAR

entrusted to me, in which your services have been coeval with mine, and in which I have witnessed the zeal and constancy of your exertions for the public good under difficulties peculiarly

arduous and trying.

own

feelings as well as

In bearing this testimony, I indulge my pay a tribute which is so justly due.

sistent

I take the liberty of adding a hope that it will not be inconwith your arrangements to continue your official atten-

tions until they can be replaced by a successor. I thank you for the kind wishes you have expressed, and I offer you the best of mine for your welfare and happiness.

TO PAUL HAMILTON.
December
31, 1812.

I have received your letter of yesterday, signifywhich has been ing your purpose to retire from the Department under your care. On an occasion which is to terminate the relation in which
SIR,

DEAR

or the tribute placed us, I cannot satisfy my own feelings, due to your patriotic merits and private virtues, without bearthe uniform exertions, and ing testimony to the faithful zeal, which with you have discharged that unimpeachable integrity, without and expressing the value I have alimportant trust; the pleasure of which that on intercourse, personal ways placed
it

am now

to lose.

552

WORKS OF MADISON.
these recollections

1812.

With
ances of

my

and impressions, I tender you assuraffectionate esteem, and of my sincerest wishes for

your welfare and happiness.

LETTERS.

WASHINGTON, 1812.

through a long path to see your father, but it is a straight and a clean path, kept open for my red children who hate crooked walks. I thank the

MY BED

CHILDREN,

You have come

Great Spirit that he has brought you in health through the long journey, and that he gives us a clear sky and a bright sun for our meeting. I had heard from General Clarke of the good dispositions of several of the Nations on and West of the Mississippi, and that they shut their ears to the bad birds hovering about them for some time past. This made me wish to see the
principal chiefs of those bands. hearts in them.
I love to shake hands with

The red people who live on this same great Island with the White people of the 18 fires are made by the Great Spirit out
of the same earth, from parts of it differing in colour only. My regard for all my red children has made me desirous that the

bloody tomahawk should be buried between the Osages, the Cherokees, and the Choctaws. I wished, also, that the hands of the Shawenoe and the Osage should be joined in my presence, as a pledge to cherish and observe the peace made at S* Louis. This was a good peace for both. It is a chain that ought to
hold them fast in friendship. ever be upon it.
I

Neither blood nor rust should

am

concerned at the war which has long been kept up by

the Sacs and Foxes against the Osages, and that latterly a bloody war is carried on between the Osages and loways. I now tell my red children now present that this is bad for both
parties.

They must put under my feet their evil intentions one another, and henceforward live in peace and good against

554
will,
soils.

WORKS OF MADISON.
each hunting on their

1812.

own

lands,

and working

their

own

father loves justice. He extends it to all the red tribes. When they keep the chain of friendship with the 18 fires bright, he will protect them and do them good. If any make the chain

Your

it must be broken on their heads. The Winebagoes, and some other tribes between the Mississippi and Lake Michigan and the Wabash, have shut their ears to my Councils. They have killed men, women, and children, and have plundered the white people. They refuse to give up the murderers, and to

bloody,

return the stolen property. Time enough has been allowed them. When they feel the punishment, they must blame their

own

folly

and the bad counsels to which they have

listened.

will not suffer

my

white children to be killed without punishing

the murderers.
father ought to give good advice to his children, and it is The people composthe duty of his children to hearken to it. ing the 18 fires are a great people. You have travelled through

You see they cover the land as the stars fill their Country. the sky, and are thick as the trees in your forests. Notwithstanding their great power, the British King has attacked them
on the great water beyond which he lives. He robbed their Some ships, and carried away the people belonging to them. of them he murdered. He has an old grudge against the 18 fires, because, when he tried to make them dig and plant for his
people beyond the great water, not for themselves, they sent out warriors who beat his warriors; they drove off the bad

he had sent among them, and set up good chiefs of their The 18 fires did this when they had not the strength they now have. Their blows will now be much heavier, and It happened wl en the 13 will soon make him do them justice.
chiefs

own.

fires,

now increased

to 18, forced the British

King

to treat

them

as an independent nation, one little fire did not join them. This he has held ever since. It is there that his agents and

traders plot quarrels and wars between the 18 fires and their red brethren, and between one red tribe and another. Maiden
is

the place where all the

bad birds have

their nests.

There

1812.

TALKTOINDIANS.

555

they are fed with false tales against the 18 fires, and sent out with bloody belts in their bills to drop among the red people, who would otherwise remain at peace. It is for the good of all the red people, as well as the that a people of the 18
fires,

stop

should be put to this mischief. Their warriors can do it. They are gone and going to Canada for this purpose. They want no help from their red brethren. They are strong enough without it. The British, who are weak, are doing all they can by their

bad birds to decoy the red people into the war on their I warn all the red people to avoid the ruin this must

side.

upon them. And I say to you, my not ask you to join his warriors. Sit still on your seats, and be witnesses that they are able to beat their enemies and protect their red friends. This is the fatherly advice I give you.
I have a further advice for

bring children, your father does

my

red children.

You

see

how

the Country of the 18 fires is filled with people. They increase like the corn they put in the ground. They all have good

houses to shelter them from

to all seasons,

all

weathers, good clothes, suitable

you see they have man, woman, or child of the 18 fires ever perished of hunger. Compare all this with the condition of the red people. They are scattered here and there in handfuls. Their lodges are cold, leaky, and smoky. They have

and as

for food of all sorts,

enough and to spare.

No

hard
ence?

fare,

and often not enough of it.

reason,

Why
is

this

mighty

differ-

The

my

red children,

plain.

and sheep. They plow the them give every thing they want. They spin and weave. Their heads and their hands make all the elements and productions
ple breed cattle

The white peoearth, and make it

of nature useful to them.

live in constant peace

Above

all,

and friendship.

the people of the 18 fires No tomahawk has ever

been raised by one against another. Not a drop of blood has ever touched the chain that holds them together as one family. All their belts are white belts. It is in your power to be like them. The ground that feeds one Lodge by hunting would feed a great band by the plow and the hoe. The Great Spirit has given you, like your white brethren, good heads to contrive,
strong arms, and active bodies.

Use them

like

your white

556

WORKS OF MADISON.
is difficult,

1812.

brethren; not all at once, which

little,

but by

little

and

Especially live in peace with one another, like your white brethren of the 18 fires, and, like them, your little sparks will grow into great fires. You will be well fed,
is

which

easy.

well clothed, dwell in good houses, and enjoy the happiness for which you, like them, were created. The Great Spirit is the
friend of

man

of

all colours.

He made them

to

be friends of

one another.
friend.

so, the more he will be their These are the words of your father to his red children.

The more they are

Spirit, who is the father of us all, approves them. Let them pass through the ear, into the heart. Carry them home to your people. And as long as you remember this visit to your father of the 18 fires, remember these as his last and best words to you. In the present state of your wants, Factories are established where you may trade and supply them. Of late, the times have

The Great

made

it difficult to

We

are

now

send you all the things convenient to you. enlarging our workshops and our weaving houses,
difficulty.

and soon there will be no

As we cannot always
great,

my words, from General Clarke, and others who may be near you.
same hands.

see one another, the distance being time to time, will be delivered to you by

Your words
I

will always come to me through the will always be good words.

hope they

557

LETTERS, ETC,
TO THOMAS JEFFERSON.
WASHINGTON, Jany
27, 1813.

DEAR SIR. Congress proceed with their usual slowness, even on the most essential subjects and the undercurrent against us is as strong as ever. I have not time to explain the late changes in the Executive Department, if I were disposed to
;

trouble you with them. Bonaparte, according to his own shewing, is in serious danger; and if half the official accounts of the Russians be true, his own escape is barely possible, and that

of his
his

army

impossible.

The

effect

of such a catastrophe on

compulsory allies may once more turn the tables quite round in the case between France and England. You will have The debates on it have not seen the speech of t|ie Regent.
reached us. "Wellesley's party attack the Ministry for not prosecuting the war more vigorously against us. Nothing but the difficulty of their affairs will open their ears, and that without

opening their hearts to peace. In the Peninsula, the French are driving Wellington back to Lisbon, and there' now is no doubt that the late harvest is a very short one, and the quality Their expenditures, also, are enormous, for the most part bad. their Bank paper 35 per cent below and former years; beyond
specie.

have for you a copy of Cooper's Justinian, which

will forward

by next mail.

TO JOHN BINNS AND OTHERS.

WASHINGTON, Feby
11, 1813.

GENTLEMEN,

of the naturalized Citizens in and near Philadelphia

have received your communication in behalf who were

558

WORKS OF MADISON.

1813.

born within the British dominions, occasioned by the Proclamation of the Prince Regent of G. Britain, dated the 26 of October last, and by other indications of a purpose of subjecting to the law such of that description of Citizens as penalties of British in arms against G-. Britain. taken been shall have ( and practice confer all the rights and laws British As the immunities of natural-born subjects on aliens serving even a short period on board British vessels, it might have been concluded that an intention would have been neither formed nor proclaimed by the Head of that nation, which is as inconsistent with its own example as it is repugnant to reason and humanity.

Citizens being under the same guarand honor with the rights of other faith National the of anty be that it is the determinaassured former the may Citizens,

The rights of naturalized

tion, as it will

Government,

to

be the duty of the Executive department of the employ whatever just means may be within its

competency, for enforcing the respect which is due from the enemy to the rights and persons of those who combat under the banners, and in defence 'and maintenance of the rights and
safety, of their

adopted country.

TO THOMAS JEFFERSON.
WASHINGTON, March
10, 1813.

DEAR
ult.

have received your two favors of the 8 and 21 SIR, The conduct and character of the late Commander at NiI

agara, as portrayed in the narrative enclosed in the first, had been before sufficiently brought to our knowledge. Some of his

were indeed understood when he was appointed Inspector General. Gen Dearborn seems not to have been apprised of some of the sides of his character, though he has an apology for what he did in the paucity of General officers provided for the army at that time, and the
disqualifications for such a trust
1

difficulty of

making a satisfactory selection. The narrative is It gives me pleasure to receive a conreturned, as you desire.

1813

LETTERS.

559

firmation of the unchanged dispositions of those whose sympathies with S could not fail to be most excited.

R-

of proving to one of them that I have not permy my dispositions to be affected by reports or presumptions inconsistent with his penetration, candour, and justice, has been promptly embraced, as you will see by the late

The opportunity
mitted

belief or

military appointments.

Major.

You

His son has just received the rank of will see, also, that I have taken the liberty of

naming Mr. Randolph to the Senate for the command of a Regiment, and that it is now within his acceptance. I was aware of all the considerations, and [?] embracing those around him, which were mingled with the subject. But knowing his superiority in the talents and military acquirements so much needed in our Army, and that they had occurred to others of his friends
as well as myself, I could not do less than give the public' a chance of having the benefit of them. I should, indeed, have taken the same liberty in the original nominations, but for the

New Advertiser, the enclosed will give you the Russian account of the catastrophe of the French Army. .It is doubtless much exaggerated;
but there
is

less decided state of things than that now existing. If you do not receive the York Mercantile

no doubt that the losses are beyond example.

so replaced as to prevent the defection of

Whether they can be

Allies,

North

to present another formidable countenance to the It docs not appear that any tiling like is uncertain.
is felt at Paris; and so many interests on the Conbecome associated with the ascendancy of Napoleon,
if,

and

despondence
tinent have

that

it

will [not?] be surprising,

he should surmount his

ultation

difficulties.

with the terrors of his name, In England, unusual ex-

is indulged on the recent events, and, united with the and rage jealousy produced by our little naval triumphs, account for the gigantic force she is bringing against us on the water.

In the meantime, Russia, as you will observe, is tendering her mediating friendship, with the collateral view, there is reason
to believe, of deriving advantage from the neutral interference shall enwith British monopoly in the trade with her.

We

deavor to turn the good

will of Russia to the proper account.

560

WORKS OF MADISON.

1813.

Whether England will accede to the mediation, or do so with That she has brought it evasive purposes, remains to be seen. about I cannot readily suppose, because I think she would not
promote our political intercourse with the Baltic, where she apprehends a sympathy with our maritime doctrines, and not with The present occasion proves the good policy of having hers.
cultivated the favorable dispositions of the Emperor Alexander. have good reason to believe that Sweden is as well in-

We

clined towards us as Russia.

TO COL. DAVID HUMPHREYS.

WASHINGTON, Mar.
23, 1813.

'DEAR SIR,- I have received your letter of the 19th ultimo. Mr. Perkins, who was to have been the bearer, has not yet arrived, unless, as is possible, he may have done so, and had his
communications with the Patent Office without my knowing it. Altho' it is neither usual nor often eligible to enter into political explanations on such an occasion as the present, I am
induced by the frank and friendly tenor of your remarks to express (under the reserves which you will infer) my regret that you should be able to cite a prevailing opinion, that "an alliance with France and a systematic exclusion of commerce" were

within the views of the Administration.

To say nothing of the extreme improbability of such a policy on the first point, it is not easy to conceive a more formal disavowal of it than has been repeatedly made and published both by my predecessor and myself, particularly in the Messages relating to the war, which emphatically impugn political alliances or conventions with any foreign power. In full conformity with these disavowals is the letter from Mr. Barlow to Mr. Monroe, lately published, from which it must be necessarily inferred that he was forbidden to enter into any arrangement with France beyond the subjects of indemnity and commerce. With such strong presumptions and decisive proofs before the public, it is impossible that a purpose in this Government of allying

1813.

LETTERS.
with that of France can be
sericrasly believed

561

itself

by any

in-

telligent individual not in a temper to reject a witness even

from the dead.

As
still

to a systematic exclusion of

commerce, a belief of

it is

more incomprehensible.
it

Temporary abridgements or

sus-

only can the restrictive measures applied to our commerce be rationThe avowed object of them, in fact, was to liberally viewed.
ate our
to all parties.

must have for their object its permanent freedom, as interruptions of peace have for their object a re-establishment of peace on improved foundations. In such a light
pensions of

commerce from foreign restrictions equally obnoxious Whether the means were well applied or not made a How is question. The object itself never can. may be it possible that any man in his senses should attempt or wish to annihilate the foreign commerce of such a country as this; or
that such a policy should be supported by that portion of the country which thinks itself as much more interested in com-

merce than the other portion as the cargoes of ships are more
valuable than their freight? Viewing the topics which have so

much

agitated the public

mind
of
it

in the light here presented, I have never allowed myself to believe that the Union was in danger, or that a dissolution
be, in

could be desired, unless by a few individuals, if such there desperate situations or of unbridled passions. In addition

to the thousand affinities belonging to every part of the nation, every part has an interest, as deep as it is obvious, in maintain-

ing the bond which keeps the whole together; and the Eastern part certainly not less than any other. Looking to the immediate and commercial effect of a dissolution, it is clear that the Eastern part would be the greatest loser by such an event, and not likely, therefore, deliberately to rush into it; especially when it takes into view the groundlessness of the suspicions which

alone could suggest so dreadful an alternative, and the turn which would probably grow out of it to the relations with Eu-

The great road of profitable intercourse for New Engeven with old England, lies through the wheat, the cotton, land, and the tobacco fields, of her Southern and Western confeder36 VOL. ii.
rope.

562
ates.

WORKS OF MADISON.
On what
basis could

1813.

commercial stipulations? be in direct rivalship. The real source of our revolution was the commercial jealousy of Great Britain towards that part of her then Colonies. If there be links of common interest between
the two countries, they would connect the Southern, and not the Northern States, with that part of Europe.

New England and old' England form On all the great articles they would

TO JOHN NICHOLAS.
WASHINGTON, April 2d, 1813.

DEAE
and
tions
it

SIR,

Your

favor of the llth

March came duly

to hand,

I feel

myself obliged by the friendly spirit of the observacontains. The circumstances under which the war comit

menced on our part require that

should be reviewed with a

liberality above the ordinary rules and dispositions indulged in such cases. It had become impossible to avoid, or even delay,

it

war at a moment when we were not prepared for it, and when was certain that effective preparations would not take place Another feature whilst the question of war was undecided.
was, the discord and variety of opinions and views in the public councils, of which sufficient evidence has been seen in the public debates and proceedings, and of which much more is known

than ever has been published. The calculations of the Executive were, that it would be best to open the war with a force of a kind and amount that would be soon procured, and that

might strike an important blow before the enemy, who was known to disbelieve the approach of such an event, could be reThese calculations were defeated, as you observe, by inforced. and substituting preparations necessarily producing fatal mixing delays, and in some respects thwarting each other. At this moment, notwithstanding the additional stimuli, it is not certain that the regular force exceeds that which was in the first instance recommended, which would have been more an over-

match

for the then strength of the

if realized,

would be

for his present strength;

enemy than the force voted, and which could

1813.

LETTERS.

563

have been easily augmented as fast as might be necessary to maintain conquered ground, or meet reinforcements from Europe or elsewhere. The failure of our calculations with respect to the expedition under Hull needs no comment. The worst of it was, that we were misled by a reliance, authorized by himself,

on

cisive

securing to us the command of the Lakes. The deimportance of this advantage has always been well underits

first prospect ceased, other means of attainwere ing repressed by certain difficulties in carrying them into effect. These means have since been pushed with alacrity,

stood; but until the

it

and,

will enable us to open the campaign, in relation to with a retort of the success which the last turned Canada,

we hope,

With the command of Lake Ontario, the treasonagainst us. able commerce at which you point will probably be found too
hazardous to be prosecuted.
I

have furnished you

hints,

how-

ever, for the consideration of the proper Departments.

are at present occupied with the mediation of Russia. That is the only power in Europe which can command respect from both France and England, and at this moment it is in its

We

endeavour to turn this mediation to the best account, in promoting a just peace. We are encouraged in this Alexander to policy by the known friendship of the Emperor
zenith. shall

We

Country; and by the probability that the greater affinity between the Baltic and American ideas of maritime law than between those of the former and of G. Britain,will render hisas favorable as will be consistent with the charthis

interposition acter assumed

by him.

TO THOMAS JEFFERSON.
WASHINGTON, June
,

6,

1813.

DEAR SIR, I received your favor of the return the letter of Doctor Waterhouse, with the newspapers sent with it. He appears to be a man of ability and learning, and to have been rendered interesting to several distinguished

and now

564

WORKS OF MADISON.

1813.

by the persecutions he has sufLike many others, however, I see at present no reward for him but in his own virtues. The Treasury of the Mint was allotted by the general sentiment to Doctor J. Rush. And Doctor Tilton has long since been had in view for the superintendence of the Medical Department of the Army.
fered 'from its enemies.

friends to the Administration

suggestions for protecting the trade of the Chesapeake by gun-boats at the South end of it, with a safe retreat provided for them, have been taken into consideration, with all the re-

Your

The present Secretary of

spect due to the importance as well as the motives of them. the Navy is not unfriendly to gunboats, and, in general, the call for them by the inhabitants of It seems the coast proves a diffusive sense of their utility.

agreed, at the same time, that, being too slow in sailing and too heavy for rowing, they are limited in their use to particular

and rarely for other than defensive co-operations. That an adequate number of them in Lynhaven Bay, with a safety of retreat, would be useful, cannot be doubtful; but if the enemy chuse to bring such a force as they have applied, and with appearances of an intended increase, the number of gunboats necessary to controul them would be very great, and their
situations,
effect pretty

much

restricted to guarding the interior naviga-

tion of the Bay. Cruisers on the outside of the Capes, beyond the range of the gun-boats, would still blockade the external

commerce.

Commodore Barry has suggested a species of row galley, which he considers as better fitted for protecting the interior trade of the Bay than the gun-boat, or, rather, as an essential His plan is to allow them twenty auxiliary to the gun-boats. oars and muskets on each side, to be planked up for protection of the oarsmen against small arms in the enemy's launches, and to have one long and heavy gun; their construction to fit them for speed and for shallow water, and their length and form to be such that at the end of the war they might be easily raised on, and become ordinary coasters. Twenty of these, costing 50 or 60 thousand dollars, he thinks would put an end to the dep

1813.

LETTERS.

565

redations of the smaller vessels, which have been the greatest, and might even attack large ones in the night, or under special circumstances.
I have not ascertained the opinion of the Secretary of the Navy, who adds to a sound judgment a great deal of practical knowledge on such subjects.

You have in the newspapers and domestic.

all

the latest news, both foreign

TO THE SENATE OP THE UNITED STATES.

have received from the committee appointed by the resolua copy of that resoday of lution, which authorizes the committee to confer with the President on the subject of the nomination made by him of a minister plenipotentiary to Sweden. Conceiving it to be my duty to decline the proposed conference with the committee, and it being uncertain when it may be
I
tion of the Senate of the
,

convenient to explain to the committee, and, through them, to the Senate, the grounds of my so doing, I think it proper to address the explanation directly to the Senate. Without entering into a general review of the relations in

which the Constitution has placed the several departments of the government to each other, it will suffice to remark: That the executive and Senate, in the cases of appointments to office and of treaties, are to be considered as independent of and co-ordinate with each other. If they agree, the appointments or treaties are made. If the Senate disagree, they fail. If the Senate wish information previous to their final decision, the practice, keeping in view the constitutional relations of the Senate and the Executive, has been either to request the Executive to furnish
it,

or to refer the subject to a committee of their

body, to

communicate either formally or informally with the

head of the proper department. The appointment of a committee of the Senate to confer immediately with the Executive himself to lose sight of the co-ordinate relation between
appears

566

WORKS OF MADISON.

1813.

the Executive and the Senate which the Constitution has established,

The

and which ought, therefore, to be maintained. relation between the Senate and House of Representa-

tives, in

legislative power is concurrently vested, is sufficiently analogous to illustrate that between the Executive and Senate in making appointments and treaties. The two houses

whom

manner independent of and co-ordinate with invariable practice of each, in appointing and the other; mittees of conference and consultation, is to commission to confer, not with the co-ordinate body itself, but with a
are in like

each

com-

them
com-

mittee of that body. And although both branches of the Legislature may be too numerous to hold conveniently a conference

with committees were they to be appointed by either to confer with the entire body of the other, it may be fairly presumed that, if the whole number of either branch were not too large
for the purpose, the objection to such a conference, being against the principle, as derogating from the co-ordinate relations of the

two houses, would retain all its force. I add only that I am entirely persuaded of the purity of the
intentions of the, Senate in the course they have pursued on this occasion, and with which my view of the subject makes it my duty not to accord; and that they will be cheerfully furnished

with
in

all

any mode deemed

the suitable information in possession of the Executive consistent with the principles of the Con-

stitution,

and the settled practice under

6,

it.

WASHINGTON, July

1813.

TO ALBERT GALLATIN.
WASHINGTON, Aug*
2, 1813.

painful
e

will learn from the Secretary of State the which the Senate have mutilated the mission to S Petersburg. But the course and circumstances of the proceeding require more of explanation than may fall within his scope, and more, indeed, than can well be conveyed on paper. Previously to sending in the nomination of the Envoys, there
SIR,

DEAR

You
in

manner

1813.

LETTERS.
that, if the popularity of the object did not

was no indication

prevent opposition, it would extend beyond a portion of the Senate essentially short of a majority. And there is reason to
believe that if a preliminary attempt to embarrass the subject

had been decided on at the proper time, and before out-door means could be interposed, the desired and expected result would have been secured. Liberality, however, yielded to an adjournment of the question, and the opportunity afforded by it was industriously improved. The first step, after formally ascertaining the arrangement under which you were included in the mission, was to obtain a vote declaring an incompatibility (without specifying whether constitutional or otherwise) between the domestic and diplomatic appointments. The tendency
of this proposition, to comprehend as many and to commit as much [?] as possible, is obvious. It would seem, notwithstanding,
that the vote of incompatibility was concurred in by some who regarded it not as an obstacle to. an ultimate concurrence in the

nomination, but rather as a protest throwing the whole responsibility upon the Executive. The next step was to communicate

Senate to me, with a view either to extort a or to unite against the nomination all, or as many compliance, as possible, who had concurred in the vote of incompatibility.
this opinion of the

In this stage of the business, it was the confident opinion of the supporters of the nomination that inflexibility on the part of
the Executive would ensure a majority for it, and their unanimous and urgent advice, as well on general grounds as on that
-

particular calculation, not to yield to the irregular views of the adverse party. The event proved that the final purposes of certain individuals, on whom the turning of the scale depended,

had been miscounted.

It is not easy to express the

mixed

feel-

ings produced by the disappointment, or the painfulness of my own, in particular. It was at first suggested, from some friendly

most advisable in such a posture of things, to send in a renomination, founded on a vacancy in the Secretaryship of the Treasury; and under certain points of view this expedient had its recommendations. They were met, however, by difsources, as
ficulties

and considerations not

to be got over.

1.

The ground

568

WORKS OF MADISON.

1813.

taken by the Executive did not admit a compliance with the condition imposed by the Senate, without a palpable inconsistency. 2. Those who had approved and urged this ground could
not brook the idea of putting their opponents ostensibly in the 3. It was calculated that right, and themselves in the wrong.
the mediation, if accepted by Great Britain, would be over, and the Envoys on their way home, before the decision of the Senate

could reach S* Petersburg; and that this last would certainly be the case should the mediation be rejected, as was becoming

more and more probable, especially considering the prospects on the Continent, and, as seems now to be put beyond doubt, by a late communication from Beaseley, at London. Nor were these It was apprehended by some of the only views of the subject. the best disposed and best informed of the Senate that a renomAs it had become certain ination would not secure the object. that the open and secret adversaries together amounted to a formidable number, who would be doubly gratified by a double triumph, it was suspected that, after succeeding in getting the Treasury vacated, it would be a prerequisite to a confirmation
of the other appointment that the vacancy should be actually filled, in order to prevent its being kept open for your return, which might be looked for within the term of six months; and
that with this view a resolution might be obtained declaring the inconsistency of a protracted vacancy with the public service, and the incompatibility of the two offices held by the Sec-

retary of the Navy, to be used in like manner with the first resolution, as a motive or pretext for embarrassing and, if posIt is certain that some sible, getting rid of the renomination.

who had

intimated an intended change of their votes, in case the Treasury Department should be vacated, had in view that
the vacancy should be forthwith filled, and even that a nominaWhether a mation to it should go in with the renomination.
jority

would have gone such lengths is uncertain; but strong symptoms existed of a temper in the Body capable of going very great lengths. And, apart from all other considerations, it would have been impossible, even if it had been intended to make and fill a vacancy in the Treasury Department, that the

1813.

LETTERS.

569

consent of the Senate in the other case could be purchased by, a pledge to that effect. Besides the degradation of the Executive, it

would have introduced a

species of barter of the most

fatal tendency.

I have given you this summary, that you may understand the true character of a proceeding which has given us so much concern. I will add to it two observations only: 1. That the Sen-

on the opinion of official incomacknowledge a personal fitness, and so far defeat the-'r own hostility. 2. That the whole proceeding, according to every friendly opinion, will have the effect of giving you a stronger hold on the confidence and support of the nation. Judging from the effect as already known, this cannot fail to be the case. I have just recovered strength enough, after a severe and
ate,

by resting

their negative

patibility, tacitly

tedious attack of bilious fever, to bear a journey to the mountains,

it

whither I

as essential to

am about setting out. The physicians prescribe my thorough recovery and security against a

relapse at the present season. For recent occurrences and the general state of affairs, I refer to the official communications

going by this conveyance.

to lengthen

If it

were

less

inconvenient to
it it

me

my

letter, I

should recollect that I send

without

expecting that it will find you at Petersburg, should not to be intercepted on its passage.

happen

Accept

my

affectionate esteem

and best wishes.

TO MAJ R GEN 1 HENRY DEARBORN.

WASHINGTON, Aug
8th, 1813.

have received yours of the 24th July. As my SIR, esteem and regard have undergone no change, I wish you to be apprized that such was the state of things, and such the turn of they were taking, that the retirement which is the subject

DEAR

your letter was pressed by your best personal friends. It was my purpose to have written to you on the occasion,

570
but
it

WORKS OF MADISON.

1813.

now

was made impossible by a severe illness, from which I am barely enough recovered for a journey to the mountains,

my physicians as indispensable. It would have been entirely agreeable to me if, as I took for granted was to be the case, you had executed your original intention of proprescribed by

viding for your health by exchanging the sickliness of Niagara

for

some eligible spot, and I sincerely lament every pain to which you have been subsequently exposed, from whatever circumstance it has proceeded. How far the investigation you refer to would be regular, I am not prepared to say. You have seen the motion in the House of Representatives comprehending such an object, and the prospect held out of resuming the subyou will not
lose

I am persuaded that ject at another session. in any respect by the effect of time and truth.

TO GOVERNOR SHELBY.
MONTPELIER, Aug.
12, 1813.

DEAR
instant.

SIR,

I received

days only before I left If any doubt had ever existed of the patriotism or the citizens of Kentucky, it would have been turned of bravery
into an admiration of both

your favor of the 18th July a few Washington, which was on the 9th

by the

tests to

which the war has

put them.

could any who are acquainted with your hiswish the military services of your fellowand character tory be under How far a better direction than yours. citizens to

Nor

call on you and them, according to the provision made by your Legislature, will take place, must depend on the wants of Gen Harrison, who wrll be regulated in his applications for succour
1

by his own prospects on Lake Erie, and by the operations on and below Lake Ontario, which must have a considerable bearing on his. We do not despond, though we ought not to be too sanguine, that the effect of our naval preparations on the several Lakes, and the proper use of the forces assembled on and con-

venient to them, will soon relieve the distant militia and volunteers from much of the demands which the course of the war on

1813.

LETTERS.
it

57!

our inland frontier has made on them. Should

happen other-

wise, it is consoling to know that such resorts exist as those to which your letter contains so favorable an

example.

TO JOHN GRAHAM, [CHIEF CLERK IN STATE DEPARTMENT.]

MONTPELLIBK, Aug* 28th, 1813.

have received your favor of the 26th. I canSIR, not recollect, off-hand, very much about the letter from Turreau to R. Smith, of which a translation is printed at Georgetown.
I

DEAR

My general impression is, that it was considered, at the time, as highly exceptionable in several passages; that it was noticed that Turreau, by a ruse diplomatique, which distinguished between the existing and preceding administrations, and assumed the air of a private instead of an official paper, had attempted to cover and pass off here a rudeness which might be received as a proof of his energetic zeal by his own Government; and that, unless Turreau preferred taking back the paper, a proper notice of its offensiveness ought to be taken; it being of course
left to

R. Smith to manage the business with Turreau.

A fur-

ther appeal to

circumstances,

my memory may and may recover

give more precision to these others from the oblivion into

which they have fallen. The case will probably be the same with you. If you can pronounce with certainty from your own the letter was knowledge, or the information of Mr. Smith, that
taken back by Turreau, (a thing not very unusual in such cases, and of which there have been examples with other foreign Minmistake not, as well as French.t) it may be fact should be noticed in the newspaper. the that well, perhaps, to the mischievous intent of the pubform in some An antidote If no answer crisis chosen for it. to the lication seems due
isters, British,* if I

were given to the letter, which the records will test, that alone would be animadversion, in one of its modes, of no inconsider*

Mr. Erskine.

t Mr. Pichon.

572
able force.
fullest

WORKS OF MADISON.
knowledge of
all

1813.

It is unfortunate that the individual possessing the

circumstances cannot be resorted

to.

If he has himself conveyed the paper to the printer, as you conjecture, it is another evidence of the folly which has marked his

career; since the position which he occupied, and the address " of the paper to him as une Icttre simple," would assign to him, more particularly, any reproach of want of sensibility to its offensive character: for he will hardly pretend that he was conThe time for doing that was trouled in the expression of it.

the time

when he mustered

the whole of that

and every other

species of denunciation against the object of his tormenting If the original of the French letter was returned to passions.

Turreau without a copy having been taken, as may be inferred from the sending of a translation to the printer, and your translation is not found in the office, the translation sent must have been yours, and the public will decide between the clerks in the Department and the then head of it. It is sufficiently known that he carried with him out of it copies of other papers which he wished to possess, with a view to eventual publicity. If the date of the translated letter be correctly published, the must have been received before the rejection of Erskine's arrangement was known, and at a period when a reconciliation
letter

with England was considered as certain. This consideration might properly have had weight in disposing the Cabinet to
bear with less impatience an exceptionable tone from a French Minister, whose feelings on such an event would naturally mingle themselves with his complaints on other subjects, some of which, particularly the apathy of the American Government

with respect to the French ship burnt near the shore of North Carolina, it was not very easy to meet in a satisfactory manner.
very sorry to hear of the indisposition of Col. Monroe. will be found to justify the term slight which you aphope to it. My own health has greatly improved since my arrival ply
I
I
it

am

here, but I have not been without several slight returns of fever,

which are chargeable rather on the remnant of the influenza than the cause from which I suffered in Washington. I am now

1813.

LETTERS.

573

pretty well recovered from the last return, which took place a few days ago. Accept, with ray respects, my best wishes for

your health and welfare.

TO WILLIAM WIRT.
MONTPELIER, Septr 30th, 1813.
in possession of your SIR, favor of the 29th of August. As it appeared that you were on an excursion from Richmond, perhaps behind the mountains, I have not been in a hurry to acknowledge it. From the present

DEAR

I have been several

weeks

advance of the season, I infer your probable return to that

place.

motives information such as that in your letThe friendly ter might proceed, it ought not to be unwelcome. ones by which I well know you were governed entitle it to my
sincere thanks, which I pray you to accept. I have not been unaware of the disappointment and discontent gaining ground with respect to the war on Canada, or of the use to which they were turned against the Administration. I have not been less aware that success alone would put an end

From whatever

This is the test by which public opinion decides more or less in all cases, and most of all, perhaps, in that of military events, where there is the least opportunity of judging by any other. No stimulus, therefore, has been wanting to the
to them.

exertions necessary to render our arms successful in the quarter

where they have

failed.

How
how

far these exertions will prevail remains to be seen; and failure is to be ascribed to the difficulties incident far

past

to the first stages of a war commenced as the present necesfaults of those entrusted with comsarily was; to the personal to the course by the National Legislature; or to

pursued mand; must be left to mismanagements by the Executive Department, information fuller on and decide who will those impartially,
than

may now

exist.

Without meaning

to

throw undue blame elsewhere, or

to shuo

574

WORKS OF MADISON.

1813.

will, in the confidence

whatever blame may be justly chargeable on the Executive, I with which we both write, intimate the
plan for giving effect to the war, originally entertained by that branch of the Government. As it was obvious that advantage

ought to be taken of our chusing the time for commencing, or rather retorting, hostilities, and of the pains taken to make the
British
to

by would be great delay, if not impossibility, in raising a large army for a long term of service, it was thought best to limit our first attempts to such a force as might be obtained in a short time, and be sufficient to reduce Canada, from Montreal upwards before the enemy would be prepared to resist its progress; Gristing to the impression to be made by success, and to the time that would be afforded, for such an augmentation of the durablo- force as would be able to extend as well as secure our conquests. With these views, it was recommended to Congress to provide immediately and effectually for compleating the existing establishment of 10,000 men; to provide for a like number to be enlisted for a shorter term of 2 or 3 years; and for volunteers, of whom an adequate number, as was represented, would be readily furnished by the enthusiasm of the frontiers of New York and Vermont. With this arrangement was combined the expedition conducted by Hull against the upper and weaker part of the Province. Of the issue of this part of the plan, and its distressing conit is needless to speak. The other part, not coincithe ideas adopted by Congress, was not brought to ding with an experiment. It was there thought best to commence with

Government believe that they were not to be resorted the United Steles; and as it was foreseen that there

sequences,

the addition of 25,000 regulars to the existing establishment of 10,000. And to the delays in passing the laws for this purpose; to the deficiency in the bounty and pay allowed recruits; to the necessity of selecting 1,000 officers, to be drawn from every part of the Union; and to the difficulty, not to say impossibility, of procuring, at a crisis of such scarcity, supplies for such an army, and of distributing them over such a surface

in the worst season of the year;

may reasonably be

ascribed the

1813.

LETTERS.
It

575
unfortunately hap-

loss of the first year of the land war.

two vital Departments, the Commissary's and Quarter Master's, was so inadequate, that the War office, otherwise overcharged, was obliged for some time to perform the functions of both. It was only
and a lapse of months that a Commissary General could be obtained on the terms offered by the law. Nor ought it to be omitted that the recommendation of a greater
after repeated failures

pened, also, that the first provision for the

number of General

Officers,

though complied with at the

last

was rejected in the first instance. be remarked same may as to two auxiliary appointments
session of Congress,

The
in the

substantially provided for under other names in the organization of the military establishment. The utter
office,

War

now

inexperience of nearly all the new officers was an inconvenience of the most serious kind, but inseparable, as it always must be, from a Country among whose blessings it is to have long intervals of peace, and to be without those large standing armies which even in peace are fitted for war. These observations will be allowed less weight in the present than in the first year of the war. But they will justly mitigate

the lateness, to say nothing of the thinness of the ranks, notwithstanding the augmented inducements to enlist, attending

the operations by which the character of the campaign is to be decided. My anxiety for the re'sult is great, but not unmingled with hopes that it will furnish topics better than the past on

which the censorious adversaries and Administration are to be met.

Accept, dear Sir, the assurances of

criticising friends of the

my

regard.

TO MORKIS BTRKBECK.
SIR,
I

have received your

letter of

September

18,

though at

a much day than that at which it was due. The letter init Mr. Coles would have been received with adfrom closed in ditional pleasure from your own hand, if you had found it conHe venient to take Montpelier in your Westwardly route.
later

576

WORKS OF MADISON.

1813.

was a few days ago with me, and confirmed verbally the esteem and the friendly interest he takes in your behalf.
the benevolent solicitude you express your emigrating countrymen; and I sincerely wish that all who are attached to our Country by its natural and political
for
I cannot but

commend

advantages might be as

little

disappointed or embarrassed on

their arrival as possible. I am obliged, at the same time, to say, as you will doubtless learn from others, that it is not either the

provision of our laws or the practice of the Government to give any encouragement to emigrants, unless it be in cases where

they may bring with them some special addition to our stock of arts or articles of culture. You will perceive, therefore, that
it is

not in the power of the Executive to dispose of the public

land in a mode different from the ordinary one; and I should not be justified in encouraging any reliance on the success of a
resort to the National Legislature. Should your future movements bring you at any time within reach of my residence, I shall be happy in an opportunity of

proving, by a cordial welcome, the sincerity of good wishes.

my

respect and

TO WILLIAM EUSTIS.
WASHINGTON*,

November

12, 1813.

DEAR
stant.

SIR,

have just been favored with yours of the 7

in-

Whatever may be
be
difficult to
it

cated as

the weight of your observations, it would act on the view they take of the subject, complinecessarily is with some other views of it, passing
to

by the incompetency of the Executive alone

consummate the

arrangement suggested. I may not be able to do full justice to impressions, some of which, at least, may possibly grow out of circumstances not to
be exactly appreciated in other situations. Usage, however, seems to have excluded the necessity of disagreeable comparisons in cases of appointments not having for their object honor

1813.

LETTERS.

577

or distinctions, but reference merely to calculations of interest or conveniency; more especially where the appointments are not
coeval.
I shall take no further step until I shall be favored with your communication, taking the liberty only of intimating, that the early functions [?] of the Collectors in the towns having
final
is

Banks

assurances of

urged from the Treasury Department, and of renewing my high esteem and best regards.

TO THE SENATE AND HOUSE OF COMMONS OP THE GENERAL ASSEMBLY OF THE STATE OF NORTH CAROLINA.
December
11, 1813.

T have received, fellow-citizens, your memorial of the 29th ult., representing the exposure of your State to on its

dangqr and requesting to be informed whether measures will be immediately taken by the National Government for its prosea-coast,

tection.

The anxiety which you manifest for the security of the State under your particular care cannot but be commended; and it would be highly agreeable to make a communication that would remove all occasion for it. The Legislature of North Carolina is
too enlightened and too
just not to be sensible that the protection to be extended by the General Government over the Union must be proportioned to

the aggregate means applicable thereto; and that in distributing these regard must be had to the comparative practicability and probability of attempts on particular States and places. Against occasional attempts, where there are so many points accessible

by water, from an enemy having on that element a force so extensive and so readily concentrated, an absolute protection of
Considering the States as parts of every one is not possible. one whole, the best defence of the whole must "be kept in view
to which that is entrusted; and it fortunately that the security and interests of particular parts will happens, 37 VOL. n.

by the authority

578

WORKS OF MADISON.
effect

1813.

be often comprehended in the

produced by measures more

immediately applied to the protection of other parts. These observations are not intended to preclude a due consideration of the particular case stated in your memorial. They appeal only to the candour with which you will be sure to re-

view the measures of the Executive in relation to the general and particular defence of our country, and to the confidence claimed by the impartiality which have directed them. With a view to the more convenient superintendence and protection of every part of the United States, they have been partitioned into military districts.

The

officer allotted to that

which includes the State of North Carolina will be instructed, as soon as practicable, to visit and examine the situation of the exposed parts of the State, with a view to improvements which may be properly made in works of defence. He was about to make such a visit when he was lately called away to a more urgent but temporary service.
the subject of them. The Secretary of the

In the mean time, a Col. of Engi-

neers had been sent to examine the forts and to

make report on

Navy has not been

his

inattentive to the

means of defence depending on

Department which were

thought best adapted to the waters of North Carolina. And to the gun-boats already allotted, and the equipments of which has not been intermitted, a like number of armed boats of another
modification will be added as soon as they can be
for service.

made ready

In making this communication, it will, of course, not be understood as superseding any auxiliary provisions which the State of North Carolina may think proper to make on its own account, as has been done by some other States, in order to a more compleat and particular security than it may be in the power

of the General

Government

to

extend to every exposed situation

throughout the frontiers of the United States. Be pleased, fellow-citizens, to accept assurances of
respect and

my

high

my

best wishes.

1813.

LETTERS.

579

TO THE LEGISLATURE OF THE STATE OF SOUTH CAEOLINA.

December, 1813. I have received, fellow-citizens, your communication of the 18th of December. It is in a spirit which was to be

expected

from a public Body whose sensibility to the rights and honor of the nation produced a unanimous approbation of a war waged
in defence of both.

You do no more than justice to the love of peace, patient forbearance, and the conciliatory efforts which preceded this last appeal of injured nations against the inflexibility of their agWhen finally and formally assured by the British gressors. Government that its hostile measures would not be revoked, no
was left to the United States but irretrievable degradation, or the lesser calamity of a resort to arms. The reluctance of this resort has been sufficiently attested by the readiness shewn, and the steps taken on the part of the Unialternative

ted States,

first to

suspend

its effects,

and then, by

liberal ar-

rangements, to terminate its causes.

Until a correspondent

disposition on the part of the enemy shall give success to the pacific views on our part, the course pointed at by your honor-

able patriotism is that alone which becomes a free people, devoted to their Independence, and awake to their high destinies.
it is consoling to us all has been conducted, on our part, in a spirit and manner whicli prove that the American character is as conspicuous for humanity as for bravery; and that, if a seeming departure from

Amidst the painful scenes of the war,

it

that

the former has taken place in any instance, it has been extorted by the cruel policy of the adversary, and has for its real object

a controul or correction of that policy, dictated by humanity

itself.

pleased to express of a my public conduct during trying period derives a particular value from my high respect for the source from which I receive
it;

The approbation which you have been

pray you, fellow-citizens, to accept, with my acknowledgments, assurances of my best wishes for your prosperity and

and

580

WORKS OF MADISON.
common

1813,

that of a State whose example in the merits it.

cause so well

TO GOVERNOR TOMPKINS.
WASHINGTON, Jan? 25th. 1814.

of the 3d instant came duly to hand. You SIR, will have learnt from the Secretary of War the measures which

Your favor

were thought, on the whole, best suited to the general posture

of our military affairs. The events on the Niagara frontier were as unexpected as they have been distressing. As there can be little comparative

inducement to the enemy to prolong their barbarities in that neighbourhood, it is most to be apprehended that the attention of that part of their force will be turned to some other quarter; either to Presque Isle or Detroit. Precautions have been taken with respect to both; but such is the reduction of our regular force from sickness and other causes every where, and such the
difficulties

situations, that

of supplying occasional force in distant and detached some anxiety necessarily remains for the security

of those important points. As a controul on enterprises of the as a barrier to the Country adjoining as well enemy upwards,

Niagara, a regular force of the amount you suggest would be the best provision for that station, could it be spared from the armies below and the objects to be elsewhere kept in view.
Sackett's harbour and the stake on
essential

and constant claim

to attention.

Lake Champlain have an If, besides making

the former safe, Kingston can be attacked, or even seriously threatened, the effect will be salutary every where.

Navy Department every possible exertion will be made keep down the enemy on Lake Ontario. The task is arduous, but its importance is in full proportion. Be assured, sir, that I do justice to your laudable solicitude for the safety of the State over which you preside, and estimate as I ought your readiness to co-operate with the measures of
In the
to

the General Government.

1814.

LETTERS.
pleased to accept assurances of

581

Be

my

great consideration

and respect.

TO WILLIAM PINKNEY.
WASHINGTON, Jan*
29, 1814.

have received your letter conveying a resignaSIR, of the tion important office held by you. As the Bill to which you refer has not yet passed into a law, I hope you will be able to prolong your functions till a successor can be provided; and
I

DEAR

at any rate to afford aid in the business of the United States,

particularly understood by you, at the approaching term of the

Supreme Court. On the first knowledge of the Bill, I was not unaware that the dilemma it imposes might deprive us of your associated services, and the United States of the advantage accruing from
your professional care of their
the Executive.
talents
interests.

I readily

acknowledge

that, in a general view, the object of the bill Is not ineligible to

At the same time, there may be instances where and services of peculiar value outweigh the consideration of constant residence; and I have felt all the force of this truth since I have had the pleasure of numbering you among

the partners of my public trust. In losing that pleasure, I pray you to be assured of my high and continued esteem, and of my

sincere friendship

and best wishes.

TO WILLIAM JONES.
April
,

1814

DEAR SIR, I have before me your letter of yesterday. At the communication it makes, I cannot but feel the sincerest rethe considerations which progret, which is much heightened by forbids these of duced it. The nature any effort to divert you
from your purpose, especially as
it is

qualified

by the interval

of carrying it into effect. All that I ought to hope is, that if a continuance of the war should call for services so difficult to be

582

WORKS OF MADISON.

1814.

found, some removal of the pressure of unfavorable circumstances may justify you in prolonging yours. Whatever may happen, I cannot let the present occasion pass without express-

ing the gratification I have experienced in the entire fulfillment of my expectations, large as they were, from your talents *~nd exertions, and from all those personal qualities which harmonize official

and sweeten

social intercourse.

To

these assurances

permit
that

me to add my best wishes for your may conduce to your prosperity and

success in every thing

happiness.

TO THOMAS JEFFERSON.
MOXTPELIER,

May

10, 1814.

SIR, Having particular occasion, and the state of business at Washington not forbidding, I am on a short visit at my farm. Mrs. M., as well as myself, would gladly extend it to

DEAR

Monticello, but with a certainty that our return to Washington

must be very soon.

am

obliged, moreover, to hold myself in

readiness to hasten it at

any moment of notice.

We

must post-

pone, therefore, the pleasure of paying our respects there till the autumn, when I hope we shall be less restricted in time.

We

have received no information from our Envoys to the

Baltic for a very long time.

From

those last appointed, there

has not been time to hear after their arrival at Gottenburg. Neither have we any accounts from England, other than the

newspaper paragraphs which you have seen. The British Government cannot do less than send negotiators to meet ours; but whether in the spirit of ours, is the important question. The turn of recent events in Europe, if truly represented, must strengthen the motives to get rid of the war with us; and their hopes, by a continuance of it, to break down our Government, must be more and more damped by occurrences here as they become known there. The election in New York alone crushes the project of the Junto faction, so long fostered by and flattering the expectations of the British Cabinet. Still, it is possible that new fallacies may suffice for a willingness to be deceived.

1814.

LETTERS.
difficulties in

Our

the supposed odium of these, will probably be by our internal enemies to

procuring money without heavy taxes, and made the most of

the experiment

much bandied in the newspapers, on no very precise foundation. It is not doubted that it is wished for in Canada, and might coincide with the opinions of the naval commander; but it is presumable that the latter has no commensurate power, and it is taken for granted that
rests

of prolonged hostilities. The idea of an armistice, so

the power in

Canada

is

limited to operations of land forces.

TO GOVERNOR JAMES BARBOUR.

(Private.)

WASHINGTON, June

16, 1814.

have duly received your letter of the 13th. SIR, That the late events in Europe will put it in the power of Great Britain to direct a much greater force against the United States, cannot be doubted. How far she may be restrained from so doing by an estimate of her interest in making peace, or by a respect for the sentiments of her allies, if these should urge it, cannot be yet known. It is incumbent on us to suppose that she may be restrained by neither, and to be prepared as well as we can to meet the augmented force which may invade
I
us.

DEAR

Our means for this purpose As far troops, and of Militia.

applied in the

way deemed

consist essentially of regular as the former go, they will be most conducive to the public safety.

must be supplied by a resort to the latter; and the questions arising are, first, whether they shall be immedi-

The

deficiency

what measures,
fully

ately called into service in anticipation of attack; and, secondly, in case of no such immediate call, can be use-

adopted by the States

lia,ble to

attack.

whilst they suggest genexisting circumstances, which, eral apprehensions, afford no information either as to the amount or the particular destination of forces that may be sent against

Under

584
us;

WORKS OF MADISON.

1814.

and taking into view the great number of objects accessible by a large and concentrated force of the enemy, the objections to an immediate call of militia into service are obvito attack
ous.

If the call be

made

in favor of

one assailable object,

it

must be extended proportionally to all. It would waste a resource on which eventually every thing may depend. And, what cannot escape the most serious reflection, the employment of bodies of militia sufficient to give security and tranquillity every where would rapidly exhaust our pecuniary means, and soon put every thing at hazard. Prudence advises, therefore, that
should exert all our vigilance in discovering the particular views of the enemy, and, by not prematurely or erroneously applying our means of defence, be the more able to use them with
effect

we

where and when they become necessary.

In the mean time, it will rest with the State Governments to do whatever may depend on them for keeping every thing in as preparatory an arrangement as possible for the prompt and
effective service of their militia, as

detachments from

it

may be

required by emergencies. Where particular States have military means of any sort exclusively their own, they will of course
decide for themselves as to the best use that can be

made of

them.
the just solicitude you feel for the safety of every under your charge, a solicitude I most sinState the of part cerely participate, I regret that it is not in my power to give you either more certain information with respect to the plans

Knowing

and purposes of the enemy, or more satisfactory views of our means of frustrating them, or any answer more precise to the
particular enquiry

you. I assure myself you will that nothing more has been in my power. readily comprehend

made by

Accept

my

high esteem and friendly respects.

1814.

LETTERS.

535

TO

C. J.

INGERSOLL.
WASHINGTON, July 28th, 1814.

have received your favor of the 18th instant, SIR, and delivered into the hands of Mr. Rush the interesting extract inclosed in it. The armed neutrality in 1780 forms an Epoch in the history of maritime law, which makes it more than a point of mere curiosity to trace it to its real source. You know, perhaps, that there is an American pretension to a share, at
I

DEAR

bringing about that measure. properly enter into a general research.

least, in

The

fact

may not

im-

the question of "free ships, free goods," it has always appeared to me very clear that the principle was right in itself, and friendly to the general interest of Nations. It is, perhaps,
less clear that the

On

United States have a special interest

in it;
is

unless combined with another principle, of which an example

found in our Treaty with Prussia, and probably in no other, namely, that unarmed merchant vessels, like wagons or ploughs, the property of one belligerent, should be unmolested by the
This principle has, I believe, an undisputed American Father in Doctor Franklin. On the question whether, under the law of Nations, as it stands de facto, "free ships make free cargoes," the United States, at an early day, took the negative side;* and although
other.

the acknowledgment of
since, it

it has been shunned as much as possible seems to have been generally understood that the Brit-

ish doctrine

was practically admitted. the question to be regarded as unsettled and open to fair discussion, I am persuaded that the weight of authority furnished by reason, public good, treaties, and the luminaries " of public law, preponderates in favor of the principle, free

Were

ships, free goods."

The
seen
is

ablest defence of the opposite principle which I have in a treatise by Croke, the present Vice Admiralty
in answer to Schlegel.
I

Judge at Halifax,
*

am

sorry I neither

See Jefferson's correspondence with Genet

586

WORKS OF MADISON.

1814.

possess a copy, nor can refer you to any convenient depository of one.

On the side of "free ships, free goods," may be urged not only the intrinsic merit of the rule, and the number and character of distinguished Jurists, but the predominant authority of Treaties,
is a party. Prior to the of her with the Dutch, Utrecht, treaties, particularly Treaty inserted the Sir William Temple, her stipulation. carefully

even of Treaties to which G. Britain

ambassador, claimed great merit, on one occasion, for his sucIn the cess in obtaining from them an article to that effect.

Treaty of Utrecht, in 1713, to which the several great maritime powers were parties, the principle is stipulated in the most explicit form. In the successive Treaties, to which the great maritime powers were also parties, in 1748, 1763, and 1783, the Treaty of Utrecht is renewed and made a part thereof. Perhaps no article in maritime law can be found which, at one time, rested on such broad and solid evidence of that general consent
of nations which constitutes the positive law among them. To those Treaties, embracing so many parties, may be added the

Treaty of 1786, between the two most important of them, G. Britain and France. In the negotiations at Amiens, at a still later date, the British Government was desirous of again reenacting the Treaty, though probably with a view rather to the political balance than to the maritime principles contained in
it.

It has

been unfortunate that

all the efforts of the Baltic

Pow-

ers to secure the interests of neutrals have been frustrated

by Their want of a united and determined perseverance. leagues have been broken to pieces; and to finish the catastroThe phe, each of the parties has separately deserted itself. latter Treaties of Russia, of Sweden, and of Denmark, with Britain, have all, in some form or other, let in the British doctrines, and become authorities against the claims of neutrals.
the
If a purification of the maritime code ever take place, the

task seems to be reserved for the United States.

fail

They cannot

to acquire rapidly more and more of respect from other nations, and of influence on those having a common interest

1814.

LETTERS.

537

with themselves.

They will soon become, in the canvas they and in all the means of power, on the ocean, rivals of spread, the nation which has, in fact, legislated on that element. Under such auspices, truth, justice, humanity, and universal good, will be inculcated, with an advantage which must gradually and

peaceably enlist the civilized world against a code which violates all those obligations; a code as noxious by the wars and
calamities
it

produces to

its

overbearing patron as to the na-

tions protesting against it. As a preparation for such a result, it is of great moment that the subject of maritime law should appear in our public debates,

and in individual disquisitions, to have been profoundly studied and understood, so as to attract favorable attention elsewhere; and by inspiring respect for the lights and the character of the nation, increase that for its powThe law of nations has been made by the er and importance. powerful nations; and these having been warlike in their dispositions and institutions, the law has been modelled to suit
in the Judicial proceedings,

With the faculties belligerent rather than peaceable nations. for war, it is to be hoped our country will continue friendly to peace, and exert the influence belonging to it in promoting a
system favorable to nations cherishing peace and than to those devoted to ambition and conquest.
justice, rather

The questions claiming more particular research and elucidation seem to be those relating to contraband of war, blockades, " the colonial and coasting trades, and the great question of free
ships, free goods."

TO GOVERNOR TOMPKINS.
Sep' 28, 1814.

D* SIR, Mr. Monroe having just been appointed Secretary of War, it is necessary to provide for the vacancy resulting in
the Department of State.

Wishing

to avail the

U. States of

your talents and

mission to

name you

services, I take the liberty of requesting perto the Senate as his successor. I am aware

588

WORKS OF MADISON.

1814.

of the very important station from which their concurrence will withdraw you; but I justify my personal wish to see you a mem-

ber of the Executive family by

my

persuasion that the one con-

templated will afford still greater scope for the benefits which you have given so many proofs of your disposition to render to
our Country. I need not suggest that as early an answer as you can make convenient will be acceptable.

TO THOMAS JEFFERSON.
WASHINGTON, October
10, 1814.

DEAR SIR, Your I learn that the Library Committee will report favorably on your proposition to supply the loss of books by Congress. It
favor of the 24th ult. came duly to hand.
will prove a gain to them if they have the wisdom to replace it by such a collection as yours. Mr. Smith will doubtless write you on the subject. I have not yet read your last communication to Mr. Monroe on the subject of Finance. It seems clear, according to your

reasoning in the preceding one, that a circulating medium, to take the place of a Bank or metallic medium, may be created by
law, and made to answer the purpose of a loan, or rather anticipation of a tax; but as the resource cannot be extended beyond
the

amount of a

sufficient

medium, and of course cannot be

con-

tinued but

by successive re-emissions and redemptions by taxes, resort must eventually be had to loans of the usual sort, or an
augmentation of taxes, according to the public exigencies. I say augmentations of taxes, because these, absorbing a larger sum into circulation, will admit an enlargement of the medium employed for the purpose. In England, where the paper mea legal tender in paying a hundred millions of taxes, thirty millions of interest to the public creditors, &c., &c., and in private debts, so as to stay a final recovery, we have seen

dium

is

what a mass of paper has been kept

preciation.

afloat,

with

little if

any

de-

That the difference

notes and the metals, [is]

between the circulating produced rather from the rise in the

in value

1814.

LETTERS.

559

from the depreciation of the former, is now proved the fact that the notes are, notwithstanding a late increase by of their quantity, rising towards a par with the metals, in conlatter than

sequence of a favorable balance of trade, which diminishes the demand of them for foreign markets.
just received despatches from Ghent, which I shall before Congress to-day. The British sine qua non excluded lay us from fishing within the sovereignty attached to her shores,

We have

and from using these in curing fish; required a cession of as much of Maine as would remove the obstruction to a direct communication between Quebec and Halifax; confirmed to her the

Passamaquoddy Islands

as always hers of right; included in

the pacification the Indian allies, with a boundary for them (such as that of the Treaty of Greenville) against the United States mutually guarantied, and the Indians restrained from
selling their lands to either party, but free to sell them to a third party; prohibited the United States from having an armed

force on the lakes or forts on their shores; the British prohibited as to neither; and substituted for the present North Western
limit of the

of
to

U. States a line running direct from the West end Lake Superior to the Mississippi, with a right of G. Britain the navigation of this river. Our ministers were all present,

and in perfect harmony of opinion on the arrogance of such demands. They would probably leave Ghent shortly after the
Nothing can prevent it but sailing of the vessel just arrived. a sudden change in the British Cabinet, not likely to happen,
though
it might be somewhat favored by an indignant rupture of the negotiation, as well as by the intelligence from this Counin Europe. try and the fermentations taking place I intended to have said something on the changes in the Cab-

inet, involving, in
lic

can as yet very

one instance, circumstances of which the publittle judge, but cannot do it now.

The

situation of Sackett's

Harbour

is

very

critical.

hope

for the best, but

have serious apprehensions.

590

WORKS OF

MADISO'N.

1814.

TO GOVERNOR TOMPKINS.
r WASHINGTON, Oct

18, 1814.

I have received your two letters of the 6 and 8th cannot deny the cogency of the considerations which have determined you to decline the station which was the subject of mine of the 28th ult., and that some of them can by no

DEAR

SIR,
I

instant.

one be so well appreciated as by yourself. I was not unaware of the great value of your services within the limits of your
particular State, under the circumstances attending it; but in looking to the Nation at large, and the importance of drawing
into the Cabinet at so critical a period as much weight of character as possible, I thought I consulted my judgment, as well

as

my

inclination, in the attempt to translate

you from the one

As your estimate of the public to the other sphere of service. interest and of your duty does not allow me the gratification I should have felt in a different result, I can only add my regrets
to the assurances I pray

you

to accept of

my

great esteem and

friendly respects.

TO THOMAS JEFFERSON.
WASHINGTON, October
23, 1814.

have received yours of the 15th, and attended SIR, I find that the varito your remarks on "ways and means."
I
1. To the probable quantity of cirthe effect of an annual augmentation culating medium. of it. I cannot persuade myself that in the present stagnation of private dealings, and the proposed limitation of taxes, the

DEAR

ance in our ideas relates

2.

To

two great absorbents of money, the circulating sum would amount even to 20 millions. But be this amount what it may, every emission beyond it must either enter into circulation, and
If it bear depreciate the whole mass, or it must be locked up. an interest, it may be locked up for the sake of the interest; in which case it is a loan, both in substance and in form, and implies a capacity to lend; in other words, a disposable capital in

1814.

LETTERS.

If it does not bear an interest it could not be locked up, but on the supposition that the terms on which it is received are such as to promise indemnity, at least for the intermediate loss of interest, by its value at a future day; but this both involves the substance of a loan to the amount of the value

the Country.

locked up, and implies a depreciation differing only from the career of the old continental currency by a gradual return from
a certain point of depression to its original level. If this view of the subject be in any measure correct, I am aware of the
it. I trust, however, that our case is not altogether without remedy. To a certain extent, paper, in some form or other, will, as a circulating medium, answer the

gloomy inferences from

purpose your plan contemplates. The increase of taxes will have the double operation of widening the channel of circulation and of pumping the medium out of it. And I cannot but think that a domestic capital, existing under various shapes, and disposable to the public, may still be obtained on terms, though hard, not intolerable; and that it will not be very long before the money market abroad will not be entirely shut against us; a market, however ineligible in some respects, not to be declined

under our circumstances. We hear nothing from our Envoys since the despatches now in print, nor any thing else of importance from abroad. We continue anxious for the situation of Sackett's Harbour. Izard has joined Brown on the Canada side of the straight, and offered battle to Drummond, which he does not accept, and which it seems cannot be forced on him without risk of reinforcements

now
for

transportable to him. The most that can fairly be hoped by us now is, that the campaign may end where it is.

TO GEO. W. CAMPBELL.
November
23, 1814.

DEAR

SIR,

The committee appointed by

the

House

of Rep-

resentatives to enquire into the causes of the late military events in this District have called for information on the several mem-

592

WORKS OF MADISON.

1814.

bers of the Cabinet, and the call will embrace you. That you may be under no restraint whatever from official or personal confidence, I think it proper to intimate to you that, in relation
to myself, I hope that no information you may be able to give will be withheld from either of those considerations.
I

am

on

this subject, that 1

so far from wishing to circumscribe the range of enquiry am anxious that every circumstance may

be reached that can throw light on it. I am, indeed, the more anxious, because I understand that a statement furnished by the
late Secretary of That I committed to

implicates me in two particulars: 1. him the direction of the operations on the field of battle, which I could not even legally do. 2. That at a critical moment I interposed and prevented it. On the latter point, I am aware that, as you were not on the ground, you can have no direct knowledge, and may be without a knowledge of any circumstances indirectly bearing on it. It is a point, however, which I believe can be disproved by evi-

War

dence as decisive as can be required to establish the negative. On the first point, your memory may furnish circumstances
not unimportant, as the statement in question has, doubtless, reference to the conversation with Gen Armstrong on the morn1

ing of August 24, to which I was led by the regret you expressed at his apparent reserve on so momentous a crisis, and

your suggestion that he might be kept back by some feeling of delicacy in relation to Gen Winder. The conversation was held very near to you, but no part of
1

it

to

might be within your hearing. Your recollection of my reply your remarks, and of my communication of what passed between me and Gen Armstrong, may, in connection with recol1

lections of others, aid in elucidating truth. I have heard with pleasure that you were far

your journey

to Nashville,

advanced on and that your health was improving.

With my

sincerest wishes for its perfect restoration, accept as-

surances of

my

great esteem and friendly respects.

1814.

LETTERS.
TO GOVERNOR TOMPKINS.
WASHINGTON,

Nov

12, 1814.

patriotism just sentiments of the State by whose Councils it has been adopted. And the Resolution derives additional value from the unanimity

have received your letter of the 5th instant, covering a unanimous Resolution of the two Houses of the Legislature of N. York, expressing the emotions with which they view the terms of peace proposed by the British Commissioners at Ghent, and recommending the most vigorous measures for bringing the war to an honorable termination. This language does great honor to the and
SIR,
I

stamped upon it. Such a devotion every where to the rights and dignity of our Country is alone necessary to a speedy triumph over the obstacles to an honorable peace. And such an example could proceed from no source more entitled or more conducive to patriotic emulations.

Accept, Sir, assurances of

respects.

my

high esteem and

my

friendly

TO WILSON

C.

NICHOLAS.
WASHINGTON, Nov r
25, 1814.

DEAR
till

I did not receive your favor of the llth instant SIR, a few days ago, and I have, till now, been too much indis-

posed to acknowledge it. You are not mistaken in viewing the conduct of the Eastern States as the source of our greatest difficulties in carrying on
certainly is the greatest, if not the sole induceto persevere in it. The greater part of the people in that quarter have been brought by their leaders, aided by their priests, under a delusion scarcely exceeded by

the war; as

it

ment with the enemy

that recorded in the period of witchcraft; and the leaders themselves are becoming daily more desperate in the use they make of it. Their object is power. If they could obtain it by nien-

VOL.

ii.

38

594
aces, their efforts

WORKS OF MADISON.
would stop
there.

1814.

These

failing,

they are

ready to go every length for which they can train their follow-

Without foreign co-operation, revolt and separation will effect of so profligate an experiment would be, first, on misguided partizans, and next on those
ers.

hardly be risked; and what the

remaining faithful to the nation, who are respectable for their consistency, and even for their numbers, is for conjecture only. The best may be hoped, but the worst ought to be kept in view.
In the mean time, the course to be taken by the Government
full
is

of delicacy and perplexity, and the more so under the pinch which exists in our fiscal affairs, and the lamentable tardiness of the Legislature in applying some relief. At such a moment the vigorous support of the well-disposed States is peculiarly important to the General Government, and
to doubt that Virginia, under your administration of its Executive Government, will continue to be among the foremost in zealous exertions for the national
it

would be impossible

for

me

rights

and

success.

TO WILLIAM EUSTIS.
(Private.)

WASHINGTON, December

15, 1814.

view for some time to counterMr. an place Changion by Envoy Extraordinary and Minister to his Sovereign Prince, and I have had you in Plenipotentiary
SIR,

DEAR

It has been in

I postponed, however, consulting the on the calculation that it could be done at on subject, you time without inconvenient Circumdelay to the object. any stances now exist which render an immediate appointment exI pedient, and I have just sent in your name to the Senate. must pray you to excuse my taking this liberty with it, and my hoping that it will be not inconsistent with your views to un-

my

thoughts for the service.

dertake the mission contemplated. You will oblige me by a few lines of as early a date as you can make convenient.

Accept assurances of

my

great esteem and friendly regards.

1814.

LETTERS.
TO BENJAMIN W. CROWNINSHIELD.
WASHINGTON, December

595

15, 1814.

Mr. Jones having retired from the Secretaryship of the Navy, my thoughts have been turned to you as a desirable successor, and I have this day sent in your name to the Senate for
SIR,

I hope you will excuse my doing it without which would have been asked if the business of your consent, that Department had less urged an avoidance of The delay. same consideration will apologize for my hoping that it will

the appointment.

not be inconsistent with your views to aid your country in that station, nor with your conveniency to be prepared to to
it

repair as soon as you may receive notice that the Senate have given effect to the nomination.

Accept, Sir, assurances of

spects.

my

esteem and of

my

friendly re-

TO JOHN ADAMS.
WASHINGTON, Dec' 17th, 1814.

Your favor of the 28th ultimo was duly received, SIR, with more though delay than usually attends the mail. I return the interesting letter from your son, with my thanks for the opportunity of perusing it. I have caused the archives of the Department of State to be
searched, with an eye to what passed during the negotiation for peace on the subject of the fisheries. The search has not fur-

DEAR

nished a precise answer to the enquiry of Mr. Adams. It appears, from one of your letters referring to the instructions ac-

make a Treaty of commerce with views of Congress did not carry G. Britain, that the original their ultimatum beyond the common right to fish in waters discompanying the commission
to

tant three leagues from the British shores. The negotiations, therefore, and not the instructions, if no subsequent change of

them took place, have the merit of the terms actually obtained. That other instructions, founded on the Resolutions of Congress,

596

WORKS OF MADISON.

1814.

issued at subsequent periods cannot be doubted, though as yet

they do not appear. But how far they distinguished between the common use of the sea and the use, then common also, of the
shores, in carrying on the fisheries, I have no recollection. The view of the discussions at Ghent presented by the private
letters of all our Ministers there, as well as

by

their official

despatches, leaves no doubt of the policy of the British Cabinet, so forcibly illustrated by the letter of Mr. Adams to you. Our

enemy, knowing that he has peace in his own hands, speculates on the fortune of events. Should these be unfavorable, he can
at

any moment, as he supposes, come to our terms. Should they correspond with his hopes, his demands may be insisted on, or even extended. The point to be decided by our Ministers is,
whether, during the uncertainty of events, a categorical alternative of immediate peace, or a rupture of the negotiation, would

not be preferable to a longer acquiescence in the gambling procrastinations of the other party. It may be presumed that they
will, before this,

this point. find that the to superior ability which very agreeable the our notes of distinguishes Envoys extorts commendation

have pushed the negotiations to

It is

from the most obdurate of their political enemies.

And we

have

the further satisfaction to learn that the cause they are pleading is beginning to overcome the prejudice which misrepresentations British

had spread over the continent of Europe against it. The Government is neither inattentive to this approaching

revolution in the public opinion there, nor blind to its tendency. If it does not find in it a motive to immediate peace, it will infer the necessity of shortening the war by bringing upon us, the ensuing campaign, what it will consider as a force not to be re-

sisted It

by us. were to be wished that

this consideration

had more

effect

in quickening the preparatory measures of Congress. I am unwilling to say how much distress in every branch of our affairs
is

who

the fruit of their tardiness; nor would it be necessary to you, will discern the extent of the evil in the symptoms from
it is

which

to

be inferred.

1814.

LETTERS.

597

Extract of a

letter

from

J. Q. Adams to his FatJier, dated Ghent, October 27, 1814.

"

British

The whole compass Government in

of the diplomatic skill employed by the this negotiation has consisted in con-

suming time, without coming to any conclusion. Mr. Clay and Mr. Russell arrived at Gottenburg the llth of April. The negotiation had been proposed by Lord Castlereagh in November; had been acceded to by the President in the beginning of JanThe British Government were informed in February of uary. the appointment of American Plenipotentiaries. Their first dilatory proceeding was to defer the appointment of their Commissioners until official notification should be given them, by the

American Ministers themselves, that they were at the place of meeting which had been agreed upon. One full month was

The next device was, to propose the transfer this. of the negotiation to Ghent, which absorbed six weeks more; and then they left us from the 24th of June to the 6th of Augained by
gust waiting here for the appearance of their Plenipotentiaries."

TO GOVERNOR EARLY, OF GEORGIA.

Dec'
18, 1814.

g IR)

have duly received your

letter of the

2d

instant, with

the Resolutions of the Legislature of Georgia, expressing unanimously the sentiments inspired by the extravagant terms of demanded by the enemy, and the readiness of that State

peace
to

public the State of Georgia; and they have the greater merit as proso disproporceeding from a part of the Nation which presents the of the to war, with frontier tionate an extent of pressures
the other disadvantages incident to their situation in sustain-

sacrifice necessary to a vigorous prosecution of the can be brought to an honorable termination. war, till it such a character are worthy of the real and of Resolutions so many other proofs have been given by which spirit of

make any

ing them.

598
It is

WORKS OF MADISON.

181i

under such circumstances that the patriotism and magnanimity of a people are put to the severest trial; and it will be a lasting honor to those of Georgia that the trial bears testimony to the manly spirit which presides in their public Councils.

Accept,
spects.

sir,

assurances of

my

great esteem and friendly

re-

TO MAJR GENL DEARBORN.

WASHINGTON, March
4th, 1815.

Being desirous of obtaining for the Department which I thought you could render with peculiar advantage, and hoping that, for a time, at least, you might consent to step into that Department, I took the liberty, without a previous communication, for which there was not time, to nominate you as successor to Mr. Monroe, who was called back to the Department of State. I had not a doubt, from all the calculations I could make, that the Senate would readily concur in my views; and if a doubt had arisen, it would have been banished by the confidence of the best informed and best disposed with whom I conferred, that the nomination would be welcomed where it was to be decided on. Contrary to these confident expectations, an opposition was disclosed in an extent which determined me to withdraw the nomination. But before the Message arrived, the Senate very unexpectedly had taken up the subject and proceeded to a decision. They promptly, however, relaxed, so far as to erase the proceeding from their Journal, and in that mode to give effect to the withdrawal. I have thought this explanation due both to me and to yourBut to whatever I sincerely regret the occasion for it. self. blame I may have subjected myself, I trust you will see in the course taken by me a proof of the high value I place on your public, and of the esteem I feel for your personal, character. Permit me to add, that I have been not a little consoled for the occurrence to which I have been accessary by the diffusive exSIR,

DEAR

of

War

services

1815 -

LETTERS.

pression to which it has led of sentiments such as your best friends have heard with most pleasure.

TO THE REPUBLICAN MEMBERS OP THE LEGISLATURE OP MASSACHUSETTS.

March
7, 1815.

have received, fellow-citizens, the address transmitted by on the 23d of February, with the attention due to the you occasion which gave rise to it, and to the view which it takes of past scenes and events.
I

Whatever

differences of opinion

may have

existed

among

good citizens, all will rejoice in the happy result of the contest in which we have been engaged. If this has been attended with difficulties and with sacrifices, with anxieties and with apprehensions, we have a reward in the reflection that the
rights

of our Country have been successfully maintained, under peculiar disadvantages, against a nation powerful at all times in
resources, and wielding them against us under circumstances the most favorable to her; that the arduous trial has unfolded the energies of the American people, the extent

armaments and

of their public spirit, the stability of their political Institutions, and their capacities for war, as well as for the improvements

and enjoyments of honorable peace. The firm and persevering resistance which has been made to violations of our national rights and of our essential interests, and the signal valour and patriotism displayed by every variety of our arms, both on the water and on the land, whilst they cannot fail to do justice to the American name, will be among the best guardians of our future peace and safety. It remains for us to strengthen these titles to the respect and esteem of other nations by an adherence to the policy which has cultivated peace, friendship, and useful intercourse with all; and to provide still further for our external security, as well as for our internal prosperity and happiness, by fidelity to the
Union; by reverence for the laws; by discountenancing
all

600
local

WORKS OF MADISON.

1815.

and other prejudices; and by promoting every where the concord and brotherly affection becoming members of one

great political family. I thank you, fellow-citizens, for the kind partiality with which you have regarded the discharge of my duty throughout
the period which called for the best efforts of us all in our respective situations; and I pray you to accept for yourselves, and for those in whose behalf you have spoken, assurances of my
friendly respects

and my best wishes.

TO THOMAS JEFFERSON.
WASHINGTON, March
12, 1815.

was long desirable that an Expose of the causes and character of the war between the United States and
SIR, It

DEAR

Great Britain should remedy the mischief produced by the Declaration of the Prince Regent, and other misstatements which had poisoned the opinion of the world on the subject. Since

the pacification in Europe, and the effect of that and other occurrences in turning the attention of that quarter of the world

towards the United States, the antidote became at once more necessary and more hopeful. It was accordingly determined, soon after the meeting of Congress, that a correct and full view of the war should be prepared, and made public in the usual

The commencement of it was, however, somewhat delayed by the probability of an early termination
demi-official form.

of the negotiations at Ghent, either in a peace, or in a new epoch particularly inviting a new appeal to the neutral public.

The long suspension of

critical state of

our

affairs at

intelligence from our Envoys, and the home, as well as abroad, finally

overruled this delay, and the execution of the task was committed to Mr. Dallas. Although he hastened it as much as the

nature of

it and his other laborious attentions admitted, it was not finished in time for publication before the news of peace The latter pages had not even been struck off at the arrived.

press.

Under

these circumstances,

it

became a question whether

1815.

LETTERS.

601

it

should be published with a prefatory notice that it wa written before the cessation of hostilities, and thence derived its spirit and language; or should be suppressed, or written over

with a view to preserve the substantial vindication of our Country against prevailing calumnies, and avoid asperities of every sort unbecoming the change in the relations of the two Countries. This last course, though not a little difficult, might

have been best in itself, but it required a time and labour not to be spared for it; and the suppression was preferred to the first course, which would have been liable to misconstructions of an injurious tendency. The printed copies, however, amounting to several hundred, are not destroyed, and will hereafter contribute materials for a historical review of the period which the document embraces. I have thought a perusal of it might amuse an hour of your leisure, requesting only, that as it is to be guarded against publication, you will be so good as either to return the copy, or to place it where it will be in no danger of You will observe, from the plan and cast of the escaping. work, that it was meant for the eye of the British people, and
of our own, as well as for that of the neutral world. This threefold object increased the labour not a little, and gives the comto be explained. position some features not otherwise

The despatch
rived.

vessel with the peace, via France, has just ar-

more than duplicates of what was received via England. The affairs at Vienna remain in a fog, which rather thickens than disperses. The situation of France, some clearing-up shower. also, has yet, it would seem, to pass The peace between this Country and Great Britain gives sincere the Government and the nation from pleasure there, as relieving
It brings little

the dilemma of humiliating submissions to the anti-neutral measures of G. Britain, or of a premature contest with her. In under the phrenzy of the Throne and Spain, every thing suffers the fanaticism of the people. But for our peace with England, would it is not impossible that a new war from that quarter

have been opened upon us. The affair at New Orleans such aii event. perhaps, be a better guaranty against

will,

602

WORKS OF MADISON.
to

1815.

Mr. Smith will have communicated

you the result of our

consultation on the transportation of the Library. are indulging hopes of paying a trip soon to our farm, and shall not fail, if it be practicable, to add to it the pleasure

We

of a visit to Monticello.

TO THE COMMITTEE OP A MEETING OF CITIZENS IN BALTIMORE, APRIL 10, 1815.

I have received, fellow-citizens, the congratulations upon the conclusion of an honorable peace with G-. Britain, which you have communicated on the part of a numerous and respectable meeting of Republican Citizens of the city and precincts of

Baltimore.

candid review of the trials to which our Country has been exposed, and of its conduct previous and subsequent to the appeal to arms, will always do equal justice to its love of peace and its energies in war; to the stability of its political Institutions amid threatening shocks, and the public spirit which animated and was in turn cherished by them; to its respect for the rights of other nations, and its firmness in asserting its own. The present generation, in disregarding temporary interests when brought into competition with essential rights and Na-

tional character, the only foundations of lasting prosperity, has emulated the wisdom and the virtue of that which bequeathed

to it the blessings of freedom and Independence; and it will have the happiness of handing down the precious trust with additional security and lustre to the generations which are to fol-

low.

A
own

comparison of the present situation of our Country in its eyes, and in the eyes of the world, with the degradation
it

inviting future insults in which

would have been

convey

left

by an

uriresisted accumulation of oppressions, will

to discrimi-

nating minds and to American hearts the value of what has been done, and the compensation for what has been suffered.

1815.

LETTERS.

603

the success which has placed us on the high ground which common congratulations, too much praise cannot be given to the warriors who, on both elements, have fought so
calls for our

For

gloriously the battles of their country; nor to the great body of citizens whose patriotism has borne every sacrifice and braved

every danger. In the varied scenes which have put to the test the constancy of the nation, Baltimore ranks among the portions most distin-

guished for devotion to the public cause.

to reflect that
it

It has the satisfaction

boldly and promptly espoused the resort to

it

arms when no other honorable choice remained; that

found

in the courage of its citizens a rampart against the assaults of an enterprising force; that it never wavered nor temporized

with the vicissitudes of the contest; and that it has had an ample share in the exertions which have brought it to an honorable conclusion.
the favorable light in which your kind partiality has regarded my participation in the public Councils and measures,

For

throughout the arduous period now so auspiciously terminated, I tender my thanks, with my respects and my best wishes.

TO BENJAMIN W. CROWNINSHIELD.
WASHINGTON, June
12, 1815.

SIR,

ter

I have given to the questions growing out of your letand communications of the 23d of May, and others from the

them.

Commissioners of the Navy Board, the consideration due to The following remarks convey the result of it.

The law which

establishes the

Board containing provisions

of the Navy Deentirely new, and rendering the Constitution render partment more complicated, at the same time that they
it

for its objects, it might well happen that different constructions would in the first instance be put on some parts however, that by recurring to of the law. It is to be

more ample

hoped,

the constitutional principles on which the Executive Department of the Government rests, in aid of the established rules of

(304

WORKS OF MADISON.
meaning of the act may be

1815.

interpretation, the

satisfactorily de-

termined.

The

better to ascertain the relation in which the

Board

is

placed to the Secretary of the Navy, it is proper to take into view the relation of the latter to the President.

By
by

the structure of the several executive Departments, and the practice under them, the Secretary of the Navy, like the

other Secretaries, is the regular organ of the President for the business belonging to his Department; and with the exception

him by law,

of cases in which independent powers are specially vested in his official acts derive their authority from, or, in

other words, carry with them, the authority of the Executive of Should a Head of Department at any time violate the U. S. the intentions of the Executive, it is a question between him

In all cases where the contrary does not be understood to speak and to act with the Executive sanction, or, in other words, the Executive is presumed to speak and to act through him.

and the Executive.

appear, he
is to

This being the relation of the Secretary of the Navy to the Executive, and no direct relation existing between the Board of Commissioners and the Executive, the relation between them

must be through the Secretary of the Navy, and must depend on the relation of the Board to the latter, as established by
law.

According to the terms of the law, the Board is attached to the office of the Secretary of the Navy, and shall discharge all its ministerial duties under his superintendence. Altho' the term "attached," taken by itself, may not fully
it

explain the relation of the Board to the office of the Secretary, excludes the idea of a substantive power independent of him.

The

ministerial duties to be performed by the

Board are the

ministerial part of the duties of the office of the Secretary. The nature of these duties is as well expressed by the term "ministerial" as by any other that could be applied. Uncertainties will doubtless occur in the detail,

which a course of

practice only can remove. In saying that the Board "shall discharge" the duties in ques-

1815.

LETTERS.

law is not to be understood as giving an independent and power imposing an absolute obligation. The terms taken by themselves would not require such a construction. In the
tion, the

Legislative use of them, in analogous cases, they import only that when certain acts become requisite, it will be the duty of the functionary named to perform them. The terms, if taken
in a literal

and absolute

sense,

would make the Board as inde-

pendent of the President as of the Secretary of the Navy, and would destroy the unity, the efficiency, and the responsibility of the Executive in an important branch of the Administration. This could not be contemplated by the Legislature.

On the contrary, it is expressly provided that the ministerial duties in question are to be discharged "under the superintendence" of the Secretary of the Navy, acting, of course, under
the authority of the Executive.

The term "superintendence/'

in the

whether

its

meaning be sought

Books employed

in the

explanation of words, or in the use of it in legislative acts, imports a superiority and authority in the superintending over the

superintended party. To superintend or supervise without an authority to guide or controul, would be a task either altogether nugatory, or of a nature which the Legislature cannot

be presumed to have committed to a Head of Department and a Constitutional organ of the Executive authority.

But whilst the Board is restricted to the discharge of duties which are ministerial, and are subject therein to the superintendence of the Secretary of the Navy, the Secretary, in the discharge of his duties, so far as they ministerially relate to matters connected with the naval establishment, is restricted to the

intermediary functions of the Board. No separate or subordinate officers or agents can be immediby him for purposes embraced by the duties of
ately employed the Board.

of the Board to adopt rules and regulations for the government of their meetings, and to appoint their own to their office, being Secretary and two clerks, to be attached vested in them, are exceptions, and not under the su-

The powers

specially

the Navy. perintendence of the Secretary of

606

WORKS OF MADISON.

1815.

The Board is specially authorized, also, to prepare rules and regulations necessary for securing uniformity in the several classes of vessels and their equipments, and for repairing and refitting them, and for securing responsibility in the subordinate
and agents; under the restriction, however, of preparing them by and with the consent of the Secretary of the Navy, and that they be approved by the President. Whether the alteration which has been made in the Navy Department might have been better modified, or defined with a more discriminating precision, are questions which do not belong to those whose duty it is to execute the law according to
officers

the necessary rules of expounding

it

as

it

stands.

The exposition which has been given will at least have the
advantage of avoiding essential inconsistencies in
its

several

parts, as well as of preserving that unity of action which is esAnd with the aid of that cansential to the Executive trust.

dor, cordiality, and confidence, which distinguish those whom the law associates, and which will be exercised in proportion to the call for co-operation in overcoming difficulties, of what-

ever sort, incident to

new arrangements

for complicated objects,

I flatter myself that the law will go into its due effect with the advantages to the public service for which it was enacted.

Accept assurances of my esteem and respect. WASHINGTON, June 12, 1815.

The Secretary of the Navy will communicate to the Board of Commissioners a copy of the above letter.

TO

CHARLTON, MAYOR OP SAVANNA.

WASHINGTON, June 19th, 1815.

I have duly received your communication of the 5th inand am very sensible of the value I ought to place on the friendly and favorable sentiments which it conveys from the Mayor and Aldermen of the City of Savanna.

SIR,

stant,

It will

always be honorable for the patriotic

citizens of that

1815.

LETTERS.

607

in every stage of the struggle for its interests, and so

City that they uniformly and zealously supported their Country which has terminated so happily
gloriously for its arms and its Kepub-

lican Institutions.
It was a struggle due to the Independence of the present and to the security of future generations. It could not have been

avoided without a derogation from both. And it is a proud and gratifying consideration that its issue has consolidated the one
is so auspicious to the other. If the peace does not embrace every provision- which might have been justly claimed, no blame can touch those whose blood

and

and treasure were devoted

to the public cause.

If a

more unan-

imous discharge of patriotic duties could have rendered the contest shorter, or the conduct of it less costly, or could have improved, in any manner, the terms on which it was closed, time and reflection are giving lessons to those who did not emulate
the general example, which will be a barrier against recurrences of the melancholy error; whilst the past difficulties, which were added to those inseparable from an unaided encounter of so

powerful an adversary, enhance the final triumph over the whole. Accept, Sir, and tender to those associated with you, assurances of

my

high respect and

my

friendly wishes.

TO WILLIAM PLUMER,

B JtJN .
WASHINGTON, July
14, 1815.

I received, some time ago, your letter of June 8, which been convenient for me sooner to acknowledge. not it has The war lately concluded, with its causes, its events, and the lessons to be drawn from it, will form a volume so interesting in the history of our Country, that it is much to be desired that be presented to the world as the facts and features of it
SIR,

may

view you have taken of the task apthey really existed. The and from the preparations and aids pears to be a very just one; observations on the the and to which you refer, style of your

608
subject, I

WORKS OF MADISON.
it.

1815.

cannot but augur a valuable and acceptable execu-

The undertaking is the more meritorious, if, as there be danger of early and deceptive publicaintimate, you tions, which may preoccupy the public belief, and do lasting injustice to our Country or those who have served it.
tion of

With

to address to the

respect to the enquiries which you may find it requisite Departments or Officers of the Government, I

cannot doubt that they will be always ready to contribute proper information for an undertaking laudable in its object,

hands -worthy of the respect and confidence to which patas your letter points at, must of themselves secure to such rons,

and

in

you.

RETURN OF NAPOLEON FROM ELBA,

[1815.]

TO COL. MONROE, (ON THE RETURN OP NAPOLEON.)

From the aspect of the latest intelligence from are to infer that war is to be renewed. If the coalition against F. be also renewed, and a civil war there should
SIR,

DEAR

Europe, we
aid
it,

the Bourbons and peace may soon be restored. Should Napoleon have the united support of the French, and be able to
disunite the allies, the

On

other suppositions, the war

war may soon be terminated in his favor. may be protracted and the issue

be doubtful. As war, however, is so presumable, and with England and France adverse parties in it, it is our duty to contemplate a recurrence of embarrassments to the U. S. Should Napoleon yield less than he may be expected to do to the lessons
of experience, a difference in his own situation, in that of France, in that of the Continent of Europe, and in that of the U. S., will probably divert him from the anti-commercial and
anti-neutral policy which marked his former career. He may even take the opposite course of inviting the commerce of neutral America, for the double purpose of nourishing his and laying snares for his maritime adversary.

sources,

own On

re-

the

other hand, it is possible, that his old prejudices may not have forsaken him, and that he may relapse into collisions with our rights, national or neutral.
in that quarter, turn to another without serious apprehensions that, in some form or other, our commerce and navigation will en-

But whatever may be the system embraced

we cannot

counter vexations dangerous to our peace. The full enjoyment of the American market, and an involuntary respect for the milwhich such monitory itary and naval faculties of the U. S., of 39 VOL. ii.

610

WORKS OF MADISON.

1815.

demonstrations have been given, must, indeed, not be without effect in the Councils of G. B. It must occur, also, that with
the use of the ports of F., the pressure of our marine would be more than doubled on her commerce. Nor can she be unaware

of the dilemma which a war with the

TJ. S.

must impose, of

either leaving Canada open to our attacks, or defending it by forces not to be well spared from Europe. But strong as these

motives are to a just and conciliatory conduct on the part of that nation, it does not follow that they will prevail. It is more
probable, especially if the administration continue in the present or similar hands, that a spirit of revenge, a hope of retriev-

ing lost reputation, a wish to retard our maritime growth, a pride in shewing to the world that neither the war nor the

peace with this Country has impaired her maritime claims, oilier determination to exert them, will all unite with the object
of distressing France and destroying her Ruler, in stimulating her into her former violence on the ocean. Should she even cover a discountenance of her impressments under arrangements with us saving her pride, she will be unwilling to forego a general blockade of the ports of France, as at once crippling her enemy and checking the prosperity of her rival. She will be
the less apt to decline a resort to this measure, as her continental allies will be reconciled to it when directed against a common enemy, as well as by the plea already prepared, that

such an enemy has no claim to the benefit of public law; whilst the measure itself might have the aspect of asserting the British
doctrine on the subject of blockades against the pretensions of

the U. S.

may expect vexations, also, from a fresh application of the rule of '56, in case the French colonies should abandon the Bourbons in favor of Napoleon.
With
decided are:
these sources of collision before us, the questions to be 1. What is the armor [?] in which U. S. ought to

We

present themselves, and, particularly, whether the law reducing the military establishment ought to be carried into immediate
effect?
2.

ought to be

Whether any and what diplomatic experiments made for the purpose of obviating threatened col-

1815.

RETURN OF NAPOL.EON,
by a conciliatory adjustment of

ETC.

611

lisions,

differences

which may

produce them?

With respect to the reduction of the Army, I am induced to think that it will be the better course, on the whole, to carry the law into execution; and if the members of the Cabinet at
Washington concur in this opinion, the Secretary of War will take his measures accordingly, on the return of the documents sent to me, which will be by the mail of to-morrow. If a preference be given to a delay of the reduction, I wish to have an opportunity of reconsidering the subject with the aid of the
it leading to that preference. the 2d question, I wish to have the result of a consultation as it relates to Great Britain, to France, and even to Spain; but more particularly as it .relates to G. B., and as it relates

views of

On

to the

number composing

ted to them.

passed from

the mission, and the subjects commitIt is not impossible that something may have the British Government after the arrival of our

ratification of the peace, and the prospect of a new war with France, in reply to the last communication from our Ministers

at Ghent, that

may

affect the question of

an Extraordinary

Mission.

When you are all together, take up, also, the expediency of prolonging or rescinding the suspension of the orders for the sailing of Commodore Decatur. If the danger be not serious, thedelay~may be complained of by the Mediterranean commerce [?]
;

the

more

so, as vessels

may have gone thither with an understand-

ing that a protecting force would be hastened. It merits consideration whether the squadron might not proceed in such force only as would overmatch that of Algiers and suffice for a blockade; diminishing thus the stake exposed, without an entire disappointment as to the original objects. The reinforcing squadron or squadrons might follow as soon as better estimates of

the prospect should justify it. I return you the communications by the Fingal

[?],

with a

couple of letters to have read the whole but slightly; but you

me from Mr. Crawford

for

your perusal. I may want them in

your consultations.

612

WORKS OF MADISON.
this

1815.

The mail of
Of course,

morning arrived without your correspondIt brought, in fact, not

ence with Baker.

even a newspaper.

the whole mail to Fredericksburg must have failed.

Best wishes and respects.

INDEX
TO

LETTERS CONTAINED

IN VOL. tt

To JOHN ADAMS.
17 December, 1814 16 October, 1810 15 November, 1811
-

To JOHN QUINCY ADAMS.

-

To [ANONYMOUS.]
23 August, 1795. [Semb. to Tench Coxe, or A. J. Dallas] 31 January, 1810 10 December, 1811 25 July, 1812 To THE WASHINGTON AND JEFFERSON ARTILLERY, AT RICHUOND, VA. 1809 -

B.

To THE COMMITTEE OF A MEETING

To THE
OF CITZENS IN BALTIMORE. 10 April, 1815 BAPTIST CHURCHES ON
NEAL'S CREEK AND ON BLACK CREEK, NORTH CAROLINA. 18111814
-

3 June,
15 June,

To JAMES BARBOUR. To JOEL BARLOW.

7 February, 1809 17 November, 1811 24 February, 1812 11 August, 1812
-

To JOSHUA BARNEY AND OTHERS. 1 May, 1794 To THE REV. WILLIAM BENTLEY.
27 December, 1809
-

To JOHN BINNS AND OTHERS. f 11 February, 1813To MORRIS BIKKBECK. 1813-,;.:... .

(613)

614

INDEX TO LETTERS IN VOL.

PAGE.

II.

F.

LETT
To THOMAS JEFFERSON.
20 April, 1800 " September, " 21 October, " November, " 20

December,

10 January,

1801

28 February, 7 January, 19 March, 28 March,

9 April,

"

1808 1809 "

24 April,

May, 30 May,
12 June,

20 June, 27 June,

" " " " " " "

4 July,
7 July,

23 July, 3 August, 16 August, 23 August, 11 September, 6 October, 30 October,

6

November,
-

11 December, 1810 23 April,

May, 25 May,
4 June, 15 June, 22 June, 17 July,
19 October,
7

December,
1811
-

18 March,
1 April,

19 April, 3 May, 7 June, 7 6 9 3

8 July, February,

1 12 -

March, March,
April,

24 April, 25 May, 12 June, 17 August, 14 October, 27 January, 10 March, 6 June,

10 May,

1813

1814

616

INDEX TO LETTERS IN VOL.

II.

To JAMES MONROE.
10 November, 10 November,

December, 6 May, 1801-

Uune,
25 24 8 19
July,

October, January, January,

1802-

1 March, 20 April,

1803-

IMay,
30 10 26 18
16 8 9 3

July, October,

December,
January, February, March,

" 1804" "

-

November, December,

24 September, 1805 13 January, 180610 March, 17 May, 4 June, 20 March, 180725 May,
25 5 6 18 21 30 18
July,

January, February,

1808

March, March, March,

April,

"... ... ... "... ... ... ... ... "... ... ... ... ... ... ... ...
"
-

PAGE.

"

"

"

162 163 165 172 173 174 175 176 176 177 180 182 183 186 189 192 195 200 208 210 213 216 218 223 224 403 406 407 410 422 422

To THE GENERAL ASSEMBLY OF THE STATE OF NORTH CAROLINA.

January,

1810P.

46.9

To THOMAS

PAINE. 20 August, 18038 January, 7 February,

185

To EDMUND PENDLETON.
17951796To THE REPUBLICAN CITIZENS OF THE FIRST CONGRESSIONAL DISTRICT OF THE STATE OF PENNSYLVANIA. 21 February, 1810To JUDGE PETERS. 5 September, 1807 To THE SURVIVING MILITARY CHARACTERS OF THE LATE REVOLUTIONARY ARMY AND NAVY, RESIDING IN THE ClTY AND COUNTY OF PHILADELPHIA.

30 77

...
-

471

408

January,

1810

464
204

To MONSIEUR PICHON.
3 September, 1804
-

To WILLIAM PINKNEY.
9

November, 1808
1809 1810

5 December,
11 February,
-

1815-

423 424 424 609

20 January, 23 May, 30 October, 29 January,

14 July,

" "

1814
1815

425 427 429 468 474 485 581

607

To WILLIAM PLUMER,
B.

JR.
-

N.

To DR. DAVID RAMSAY.

20 September, 1809
-

454
431

To THE INHABITANTS OF THE TOWN

OP NEW HAVEN. 24 May, 1811To THE CITY COUNCIL OF NEW ORLEANS. 23 July, 1809 To THE GENERAL REPUBLICAN COMMITTEE OF THE CITY AND COUNTY OF NEW YORK. 24 September, 1809 -

To ROCHESTER AND BRENT.

17 March,

1809

508

To JONATHAN RUSSELL.
24 July, 1811" 15 November,
-

515 517

447

To GOVERNOR SHELBY
8 August,

1813-

570

To TIMOTHY
455

SKINNER. 22 March, 1809

436
439 480

To GOVERNOR SNYDER.
13 April, 18095 July, 1810To THE SOCIETY OF ARTS, PHILADELPHIA. 28 January, 1810THE To HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CA,

To JOHN

NICHOLAS.

2 April,

1813-

562

To WILSON CAREY

NICHOLAS. 25 November, 1814 To THE SENATE AND HOUSE OF COMMONS OF THE GENERAL ASSEMBLY OF THE STATE OF NORTH CAROLINA.

593

490

ROLINA.

1813-

577

8 January,

1812-

523

INDEX TO LETTERS IN VOL.

THE SENATE AND HOUSE OF REPRESENTATIVES OP THE STATE OP SOUTH CAROLINA. 10 October, 1812To THE LEGISLATURE OP THE STATE OF SOUTH CAROLINA. December, 1813To THE REV. S. SPRING.
Tv>

II.

617
PAGE.

To GEN. TURREAU.
4 April,
1805
-

211 207

To JOHN TYLER.
548
3 November, 1804-

V.
579

To
544

VAN POLAREN.
1802
-

6 September, 1812

13 August,

177

T.

W.
-

To EDWARD TIFFIN, GRAND SACHEM.

23 June,

1811-

513
580 590 593 482

To MATTHEW WALTON.
27 September, 1809
-

To DANIEL

D. TOMPKINS. 25 January, 181418 October, 12 November, To JUDGE TOULMIN. 5 September, 1810 -

... "...
-

456
1

To GEORGE WASHINGTON.
8 February,
1

1794

December, 1796

106

To WILLIAM WIRT.
-

30 September, 1813

573

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M26 1865 v.2