THE ANAS OF THOMAS JEFFERSON. J79J-1809. The Complete ANAS of . THOMAS JEFFERSON \\ Edited by Franklin B. Sawvel, Ph.D. Published by THE ROUND TABLE PRESS. New York. 1903. COPYRIGHTED, 1903 BY THE ROUND TABLE PRESS (INCORPORATED.) ADVANCE AKOUS ce QREKNVILLK, PA. PfllNTIMt. ILLUSTRATIONS FULL LENGTH PORTRAIT THOS. JEFFERSON, E. V. ANDREWS. MONTICELLO, JEFFERSON S HOME. FAC SIMILE, PAGE FROM ANAS. PORTRAIT BUST THOS. JEFFERSON BY GILBERT STUART. FAC SIMILE, PAGE FROM ANAS. Number of this copy is 420. INTRODUCTION The aim in the preparation of this volume is to bring together a complete edition of the Anas in a single vol ume. We became fully sensible of the difficulties to be met and overcome at the outset, and gave up the idea of making merely a reprint from the incomplete and scatter ed arrangement in the edition authorized by Congress and printed in 1854. By the courtesy of the Department of State we were granted access to the Jefferson manuscripts in the ar chives of the Department "with the privilege of copying for publication." After comparing former editions of Jefferson s writings which contain the anas with each other and with the original manuscripts, we feel grati fied by the belief that we have been able to bring to gether the first complete edition in a single volume of these crisp, interesting and famous private notes, opin ions and conjectures of this celebrated statesman and author. Apart from his methodical habit of preserving copies of his voluminous official correspondence, opinions, and public documents, Jefferson tells us in the preface to the revised "notes," that, sometime after entering upon the duties of his new office as the first Secretary of State in 1789, he began to jot down the "passing transactions" in aid of his memory, "on loose scraps of paper, taken out of my pocket in the moment, and laid by to be copied fair at leisure, which, however, they hardly ever were." The earliest of these memoranda bears the date of Aug. 13, 1791. Arid, though most of them and the most im- 10 ANAS of THOMAS JEPTERSON. portant also, were written between this date and Dec- 31, 1793, when he resigned the Secretaryship, he con tinued to add "scraps" from time to time down to the close of his second term as President, the last bearing the date Feb. 25, 1809. In the introduction to his revision of his notes in 1818, beginning with page twenty- two of the present volume, he explains how and why they were put into the form in which they still exist in his own familiar handwriting. In the revision he did not bring together into a separate order or folio these memoranda of conversations with his co-workers, colleagues and opposers, their personal opinions and utterances, with his own replies, inferences and suspicions; but allowed them to remain scattered through three large folios. These personal and private opinions, a sort of confidential diary, he named Anas, a meaningless and indefinite title. Hence one difficulty to the collector in determining what to admit and what not. Again, shrinking from taking too great liberty with his fondness for the use of the comma in punctuation, we have ventured to omit or change one here and there only where clearness demands the change. In the matter of abbreviations we have used greater freedom and followed the edition of his writings edited by H. A. Washington and published by order of the Joint Committee of Con gress on the Library in 1853-4. Abbreviated words and phrases, so convenient and essential in the haste of note- taking, are, therefore, written out in full. We have thought his method of abbreviation sufficiently inter esting and important, however, to insert one of the anas without change of any kind which will be found under date of Jan. 8, 1805. We have also inserted several autograph pages for a like purpose. What the text ANAS of THOMAS JEFFERSON. 11 may lose in vigor and freshness is more than gained in grace and legibility. Jefferson usually writes with the terseness of the journalist, the keen observation of character and clear ness of the scientist and philosopher, and the legal ac curacy of the skilled attorney. In the Anas his style is more colloquial and unhesitatingly crisp, clear and vigor ous. The critical period between the close of the revolution and the final adoption of the Constitution had, nomi nally at least, just closed. During those fateful four or more years, the un-united colonies and rising states had been drifting, individually and in groups, in every di rection in search of a form of government suited to the new conditions ; and all were fast drifting toward anarchy. As a continuation of those turbulent, uncertain years, the Anas lift the veil of privacy and take us into the inner private circle of that small group on whom the fate of the new nation rested during Washington s first ad ministration, and the fifteen following years. These were days of diabolical scheming on the part of men who were strongly tinctured with monarchical ideas while professing to serve and even while engaged in admin istering the high functions of republican government; days when the ultimate type of government was yet unsettled, and grave doubts were held by the ablest statesmen at home and abroad as to the final success and triumph of the New World experiment. Alexander Hamilton was Secretary of the Treasury at the time, Henry Knox Secretary of War, and Ed mund Randolph Attorney General. These three, whose opinions are so often referred to and so freely inter preted in the text, together with Jefferson, formed Washington s first Cabinet. They differed widely in 12 ANAS of THOMAS JEFFERSON. opinions at times and bitterly, as is well known and evident. The impartial student will read Hamilton s interpretation of the Constitution in the Federalist papers and his personal opinions and views as well as those of Adams, and others on the perplexing questions of the times, in their own writings before giving a final verdict. It is also true that Jefferson felt that he stood almost alone, the rank republican and reformer, trying to carry his favorite doctrine of natural rights to the doubtful eminence of making them overtop and include all other rights. His ideals were radical for the times and ten dencies of which he writes. But somehow, they ap pealed to the popular and growing sentiment of the masses and ingratiated themselves into the hearts and confidences of the people. J. Wm. Parton says in his preface to his admirable life of Thomas Jefferson: "If Jefferson was wrong, America is wrong; if America is right, Jefferson was right." His genius more than that of any other single individual put the seal of republican ism on the nation s character and institutions and in stilled the spirit of pure democracy into American life. *He focused the democratic elements on definite objects and principles and became their great champion. At the same time he was unionist, legislator, skillful diplo mat, publicist, great commoner, statesman and hus bandman; castle-builder and idealist, and cunningly shrewd next to Franklin; at times he was scheming, temporizing, timid, cowardly, sensitive, morbidly jeal ous of his opponents and rivals and gloriously incon sistent, if you like. But his loyalty and integrity were never questioned. His faith was grounded in the com mon people. He believed that, "the world is governed ANAS of THOMAS JEFFERSON. 13 too much" and, " that government is best which governs least." "Recognition of what he endeavored to accomplish explains many of his apparent inconsistencies. The dominant principles of his creed were that all powers belong to the people, and that governments, constitu tions, laws, precedent, and all other artificial clogs and "protections," are entitled to respect and obedience only as they fulfilled their limited function of aiding not curtailing the greatest freedom of the individual. For this reason he held that no power existed to bind the people or posterity, except by their own acts. For this reason he was the strict construer of the national consti tution where he believed it destructive of personal freedom; and construed it liberally where it threatened to limit the development of the people. He was the defender of the state governments, for he regarded them as a necessary division for local self-government and as natural checks on the national power, and so a safe guard to the people. That he appealed to them in his resolutions of 1798, was because he believed the people for once unable to act for their own interest, and the theories of that paper are a radical and short-lived con tradiction of his true beliefs. Because he believed the national judiciary and the national bank to be opposed to the will of the people, he attacked them. Because he believed he was furthering the popular will, he inter fered in the legislative department and changed office holders. Because he wished them free to think and act, he favored separation from England, abolition of slavery, free lands, free education, freedom of religion, and the largest degree of local self-government. ; His methods and results were not always good. His char acter and conduct had many serious flaws. Yet in some H WAS of THOMAS JEFFERSON. subtle way the people understood him, and forgave in him weaknesses and defects they have seldom con doned. And eventually this judgment will universally obtain, as the fact becomes clearer and clearer, that neither national independence, nor state sovereignty, with the national and party rancors that attach to them, were the controlling aim and attempt of his life; that no party or temporary advantage was the object of his endeavors, but that he fought for the ever endaring privi lege of personal freedom."* Writings of Thomas Jefferson, Introduction p. XXI. Paul Leicester Ford* BIOGRAPHICAL SKETCH Thomas Jefferson was born in the foot-hills of the Blue Ridge Mountains at Shadwell in Albemarle County, Virginia, April 2, 1743. He spent his entire life, except when away on official duties, on the plantation of his birth and here died July 4, 1826, aged 83 years. His father, Peter Jefferson, was of Welsh descent and made his own way in the world by sheer force of char acter. He married Jane Randolph of Scotch descent, a daughter of one of the oldest and proudest of old Vir ginia families. He became surveyor, held the most important county offices, was a man of the people, forceful, and sociable in business. He died Aug. 17, l!l57, when Thomas was fourteen. Thomas was the oldest son and inherited most of his father s property. He had been encouraged by his father in taking much out-door exercise and life and was fond of shooting and fox hunting and became an expert horseman, even for a Virginian . At the age of 19, he was graduated from William and Mary s College, Williamsburg, Va. He read law under Geo. Wythe, of Williamsburg, a man eminent as a law yer and noted as having had as students in his law office James Madison, Patrick Henry, and John Marshall who afterwards became Secretary of State and Chief Justice of the United States. At Williamsburg Jefferson associated with men much older than himself, but men of ability and of great liber ality in matters of thought and religion. ,He inherited 16 ANAS of THOMAS JEFFERSON. from his father 1900 acres of land and forty or fifty slaves, f During his few years practice of the law, before getting much into public life and affairs, he increased his Sjland holdings to 5000 acres. At the age of twenty-nine he married Mrs. Martha Skelton, a charming young widow of twenty-three. On her father s death soon after the marriage she inherited 4000 acres together with one hundred thirty-five slaves. But in the ceremony Jefferson seems to have married considerable indebtedness also, for he was still paying off the old debts twenty years later. f He had been admitted to the Bar, and began the prac tice of law in 1767. Two years later he was elected to the House of Burgesses from his native County of Albe- marle, and in seventeen -seventy-three he was re-elected. The next advance was to a seat in the Continental Con gress at Philadelphia, which he took in June two years later. He held his seat in that memorable body through the following winter and spring, took a deep interest in its deliberations and served on a number of important committees. According to Jefferson s account, on June 10th, 1776, John Adams, Dr. Franklin, Roger Sherman, Robert E. Livingston and himself were appointed a committee to prepare a declaration of independence. The committee desired Jefferson to make the draft which he did and in the discharge of this trust prepared the most profound public document ever written the Declaration of Independence. It was approved by the committee and reported by its illustrious author to Congress on Friday, June twenty-eighth. Having been elected a third time to the Legislature of Virginia from his native County, he resigned his seat in Congress September second and took his seat in the Legislature early in October of the same eventful year. ANAS of THOMAS JEFFERSON. 17 In 1779 he^was chosen Governor of Virginia and at the expiration of his office, four years later, was again elected to Congress. Next he succeeded Dr. Franklin as Min ister to France in seventeen-hundred eighty-five and remained in Paris the four following years; when on his resignation and return he became the first Secretary of State. His radically democratic views met with stern opposition among his colleagues in the Cabinet and he resigned the Secretaryship the last day of December before the close of Washington s first administration. In the election which placed John Adams in the Presi dential chair at the end of Washington s second term, Jefferson had the next highest number of votes and be came vice President and was thus made Speaker of the Senate. Public sentiment hdd grown so favorable to his ideas of government and to the so-called "JefTersonian princi ples," that he was elected President in 1801. He was re-elected four years later and at the close of his second term, Mar. 4, 1809, he retired to his estate of Monticello, two miles from Charlottes ville, adjoining Shadwell the spot of his birth. He never journeyed outside the state again. The remaining years of his life were not idle ones. His views of education were as far in advance of the times as had been his ideas of republican government a quarter of a century before. A thoroughly equipped University for his beloved Virginia now became the darling of his hopes and the goal of his ambition. He gave to it of his means, gave his time and personal supervision, and lived to see the legislature pass the act in 1819 which founded the "University of Virginia." He was chosen one of the Board of Overseers, was made its first regent, 18 ANAS of THOMAS JEFFERSON. and saw the institution formally opened in the spring of 1825 with a corps of able professors and a goodly roll of students. In March of the following year his physical health be gan to decline. The great clock was running down. And as the fiftieth anniversary of the achievement of American independence came on the sun of his life, se rene, peaceful, and beautiful, sank beyond the clouds near mid-day of July 4th, 1826. Over his grave was erected a modest obelisk of his own designing and on it was inscribed the epitaph, written by himself : "Here was buried Thomas Jefferson, author of the Declaration of Independence, of the Statute of Virginia for religious freedom, and father of the University of Vir ginia." Jefferson s manner of life, while not ostentatious for that time and place, was elegant. He had his coach - and-four, his French cook and French dishes, except during the first two years of his presidency} and dressed neatly and elegantly. He had a profound belief in the common people, he believed that an uneducated plowman was as likely to decide rightly on questions of morals as a philosopher and that the mass of the people were fitted to take a full part in the government. At the same time he kept his slaves, loved a good table and good wines and thoroughly enjoyed the society of his aristocratic neighbors and friends.] In fact his connection with the masses was at **^^arm s length. He craved popularity, was very sensi tive to criticism, dreaded and shunned anything which involved personal contumacy or contest. He was an elegant writer, yet he wrote but one book and that was not originally intended to be published; and he fre quently asserted that he never wrote an article for the ANAS of THOMAS JEFFERSON. 19 newspapers. Though a fine talker in a small party, he never made public speeches. Perhaps no man has ever been able to read and judge public sentiment better than Jefferson. Estimates of his character differ so widely and seem so irreconcilable that we prefer to quote from his bio graphers and allow the reader to form his own conclu sions. "Jefferson is not so much the perfect man as the per fect citizen. As a man he has his defects; as a citizen he is as flawless as a star." -Alfr ed Henry Lewis, Every body s Magazine, Dec. 1902. "Jefferson is usually conceded to be the shrewdest politician this country has ever produced, and he re sorted to measures which would not be tolerated by this generation. His personal correspondence and the con fidential diary which he kept under the title of "Anas" prove that he used underhand methods and was com monly engaged in intrigue not only against his colleagues in the Cabinet, but even against Washington, whose loyalty and confidence in him were complete. He has been accused of shielding himself like a coward behind a clerk in his department who was allowed to publicly assail the character as well as the conduct of Washing ton ;" but it really required more courage for Jefferson to sustain Freneau under the circumstances than to dis charge him. Further more, he freely accused his offi cial associates of treason. He openly charged Hamilton with conspiracy to overthrow the republic and set up a monarchy. He declared that Hamilton s influence in Congress was obtained by bribery and corruption by the use of government funds and bonds. No other President in the long list of American rulers would have 20 ANAS of THOMAS JEFFERSON. submitted to such audacity, for Jefferson was anything but a coward. But Washington confided in his loyalty and admired his ability, and his personal affection was never impaired, although their relations were those of the merest courtesy after Jefferson s retirement from the Cabinet."^-CwrfrV. "Jefferson, like most great administrators, had quite probably hi* crafty side. A quick discerner of character, he was sensible to every symptom of personal dislike or disaffection." "Thomas Jefferson," by James Schouler. "He dearly loved to draw up a plan of battle, and he dearly 10ved to see some one else do the fighting. Gen tle, prUaent, politic; he shrank instinct viely from quar rels, angry debates, and personal collisions. The clash of ideas was music to his ears; and, in marshalling the cohorts of one principle against another on paper he was Napoleonic. When, however, it came to a clash of men or when the discussion of ideas degenerated into per sonalities, Mr. Jefferson pref ered to soar above the storms and, let it rage beneath him." Thomas Jefferson, by Tm>mas E. Watson. /"It was never Jefferson s habit to attack others when men could be found to do it for him. When he wished to denounce the Government, he brought Freneau to Philadelphia. When he wished to denounce neutrality he drew in Madison." -f-McM aster s History of the U. S. "He shrank with almost feminine repugnance from censure and turmoil, but when the occasion demanded it, he faced even these with perfect courage and resolu tion. His course as Secretary of State, and his enforce ment of the embargo are examples." Thomas Jef ferson by H. C. Merwin. "He was sometimes insincere, generally prone to shun hurt and danger to himself; but from the time when he ANAS of THOMAS JEFFERSON. 2 1 began his great reforms in the Virginia House of Bur gesses, the general tendency and large lines of his pur- poses and policy held with much steadiness in the noble direction of a perfect humanitarianism. To this day the multitude cherish and revere his memory, and in so doing pay a just debt of gratitude to a friend who not only served them, as many have done, but who honored and respected them, as very few have done." * * * * "In matters of detail he was politic, not always in genuous, not rigidly truthful, not altogether incapable of subterfuge and even meanness. But he never in any stress deserted, or even temporarily disavowed, his main principles. He never lost faith or courage. Democrats might commit follies, errors, and crimes, but he stood steadfastly by democracy." Jefferson by John T Morse. Oct. 3rd, 1903. THOMAS JEFFERSON, BY E. F. ANDREWS. THE ANAS OF THOMAS JEFFERSON. Explanation of the three volumes bound in marbled paper. In these three volumes will be found copies of the offi cial opinions given in writing by me to General Washing ton while I was Secretary of State, with sometimes the documents belonging to the case. Some of these are the rough draughts, some press copies, some fair ones. In the earlier part of my acting in that office, I took no other note of the passing transactions; but after awhile I saw the importance of doing it in aid of my memory. Very often, therefore, I made memorandums on loose scraps of paper, taken out of my pocket in the moment and laid by to be copied fair at leisure, which, however, they hardly ever were. These scraps, therefore, ragged, rubbed, and scribbled as they were, I had bound with the others by a binder who came into my cabinet, doing it under my own eye, and without the opportunity of reading a single paper. At this day, after the lapse of 24 ANAS of THOMAS JEFFERSON. twenty-five years, or more, from their dates, I have given to the whole a calm revisal, when the passions of the time are passed away, and the reasons of the trans actions act alone on the judgment. Some of the in formations I had recorded are now cut out from the rest, because I have seen that they were incorrect or doubtful, or merely personal or private, with which we have nothing to do. I should perhaps have thought the rest not worth preserving, but for their testimony against the only history of that period which pretends to have been compiled from authentic and unpublished documents. Could these documents all be laid upon the public eye, they might be compared, contrasted, and weighed, and the truth fairly sifted out of them, for we are not to suppose that everything found among Gen. Washington s papers is to be taken as gospel truth. Facts indeed of his own writing and inditing, must be believed by all who knew him ; and opinions, which were his own, merit veneration and respect ; for few men have lived whose opinions were more unbiased and correct, not that it is intended he never felt bias. His passions were naturally strong; but his reason, generally, stronger. But the materials from his own pen make probably an almost insensible part of the mass of papers which fill his presses. He possessed the love, the veneration and confidence of all. With him were deposited sus picions and certainties, rumors and realities, facts and falsehoods, by all those who were or who wished to be thought in correspondence with him, and by the many Anonymi who were ashamed to put their names to their slanders. From such a congeries, history may be made to wear any hue, with which the passions of the com piler, royalist or republican, may choose to tinge it. Had Oen. Washington himself written from these materials ANAS of THOMAS JEFFERSON. 25 a history of the period they embrace, it would have been a conspicuous monument of the integrity of his mind, the soundness of his judgment, and its powers of discernment between truth and falsehood, principles and pretensions. But the party feelings of his bio grapher, to whom after his death, the collection was confided, have called from it a composition as different from what Gen. Washington would have offered, as was the candor of the two characters. During the period of the war, the partiality of his pen is displayed in lavish men ts of praise on certain military characters, who have done nothing military, but who afterwards and before he wrote, had become heroes in party, altho not in war; and in his reserve on the merits of others, who rendered signal services indeed, but did not earn his praise by apostatizing in peace from the republican principles for which they had fought in war. It shows itself, too, in the cold indifference with which a struggle for the most animating of human objects is narrated. No act of heroism ever kindles in the mind of this writer a single aspiration in favor of the holy cause which inspired the bosom and nerved the arm of the patriot warrior. No gloom of events, no lowering of prospects ever excites a fear for the issue of a contest, which was to change the condition of man over the civilized globe. The sufferings inflicted on endeavors to vindicate the rights of humanity are related with all the frigid insensibility with which a monk would have contemplated the victims of an Auto da fe! Let no man believe that Gen. Washington ever intended that his papers should be used for the suicide of the cause for which he had lived, and for which there never was a moment in which he would not have died. The abuse of these materials is chiefly however manifested in the 26 ANAS of THOMAS JEFFERSON. history of the period immediately following the estab lishment of the present condition ; and nearly with that my memorandums begin. Were a reader of this period to form his idea of it from this history alone, he would suppose the republican party (who were in truth en deavoring to keep the government within the line of the condition, and prevent its being monarchized in practice) were a mere set of grumblers, and disorgan- izers, satisfied with no government, without fixed prin ciples of any, and like a British parliamentary opposi tion, gazing after loaves and fishes, and ready to chance principles, as well as a position, at any time, with their adversaries. But a short review of facts, omitted or uncandidly stated in this history, will show, that the contests of that day were contests of principle between the advocates of republican and those of kingly government, and that had not the former made the efforts they did, our gov ernment would have been, even at this early day, a very different thing from what the successful issue of those efforts have made it. The alliance between the States under the old Articles of Confederation, for the purpose of joint defence against the aggression of Great Britain, was found insufficient, as treaties of alliance generally are, to enforce com pliance with their mutual stipulations; and these, once fulfilled, that bond was to expire of itself, and each State to become sovereign and independent in all things. Yet it could not but occur to every one that these sepa rate independencies, like the petty States of Greece, would be eternally at war with each other, and would become at length the mere partisans and satellites of the leading powers of Europe. All then must have looked forward to some further bond of union which AVAS of THOMAS JEFFERSON. 27 would insure eternal peace, and a political system of our own, independent of that of Europe. Whether all should be consolidated into a single government, or each remain independent as to internal matters, and the whole form a single nation as to what was foreign only, and whether that national government should be a monarchy or republic, would of course divide opinions according to the constitutions, the habits, and the cir cumstances of each individual. Some officers of the army, as it has always been said and believed, (and Steuben and Knox have ever been named as the leading agents,) trained to monarchy by military habits, are understood to have proposed to General Washington to decide this great question by the army before its dis- bandment and to assume himself the crown on the assurance of their support. The indignation with which he is said to have scouted this parricide pro position was equally worthy of his virtue and wisdom. The next effort was, (on suggestion of the same indi viduals, in the moment of their separation,) the estab lishment of an hereditary order under the name of the Cincinnati, ready prepared by that distinction to be ingrafted into the future frame of government, and placing General Washington still at their head. The General* wrote to me on this subject while I was in Con gress at Annapolis and an extract from my letter is in serted in 5th Marshall s history, page 28. He after wards called on me at that place on his way to a meeting of the society, and after a whole evening of consultation, he left that place fully determined to use all his en deavors for its total suppression. But he found it so firmly riveted in the affections of the members, that, ee his letter, Apr. 8, 1784. T. J. 28 ANAS of THOMAS JEFFERSON. strengthened as they happened to be by an adventitious occurrence of the moment, he could effect no more than the abolition of its hereditary principle. He called again on his return, and explained to me fully the oppo sition which had been made, the effect of the occurence from France, and the difficulty with which its duration had been limited to the lives of the present members. Further details will be found among my papers, in his and my letters, and some in the Ency clop ediaMethodique et Dictionnaire d Economic Politique, communicated by myself to M. Meusnier, it s author, who had made the establishment of this society the ground, in that work, of a libel on our country. The want of some authority which should procure justice to the public creditors, and an observance of treaties with foreign nations, produced some time after, the call of a convention of the States at Annapolis. Al though at this meeting a difference of opinion was evi dent on the question of a republican or kingly govern ment, yet, so general through the States was the senti ment in favor of the former that the friends of the latter confined themselves to a course of obstruction only, and delay to everything proposed; they hoped that nothing being done, and all things going from bad to worse, a kingly government might be usurped and submitted to by the people, as better than anarchy and wars internal and external, the certain consequences of the present want of a general government. The effect of their manoeuvres, with the defective attendance of Deputies from the States, resulted in the measure of calling a more general convention to be held at Philadelphia. At this the same party exhibited the same practices and with the same views of preventing a government of con cord, which they foresaw would be republican, and of of THOMAS JEFFERSON. 29 forcing through anarchy their way to monarchy. But the mass of that convention was too honest, too wise and too steady, to be baffled and misled by their man oeuvres. One of these was a form of government proposed by Colonel Hamilton, which would have been in fact a compromise between the two parties of royalism and republicanism. According to this the executive and one branch of the legislature were to be during good behavior, i. e. for life, and the governors of the States were to be named by these two permanent organs. This, however, was rejected; on which Hamilton left the con vention, as desperate and never returned again until near its final conclusion. These opinions and efforts, secret or avowed, of the advocates for monarchy, had begotten great jealousy through the States generally; and this jealousy it was which excited the strong opposition to the conventional constitution; a jealousy which yielded at last only to a general determination to establish cer tain amendments as barriers against a government either monarchical or consolidated. In what passed through the whole period of these conventions, I have gone on the information of those who were members of them being absent myself on my mission to France. I returned from that mission in the first year of the new government, having landed in Virginia in December, 1789, and proceeded to New York in March, 1790, to enter on the office of Secretary of State. Here, certainly, I found a state of things which, of all I had ever con templated, I the least expected. I had left France in the first year of her revolution, in the fervor of natural rights, and zeal for reformation. My conscientious devotion to these rights could not be heightened, but it had been aroused and excited by daily exercise. The President received me cordially, and my colleagues and 30 ANAS of THOMAS JEFFERSON. the circle of principal citizens apparently with welcome. The courtesies of dinner parties given me, as a stranger newly arrived among them, placed me at once in their familiar society. But I cannot describe the wonder and mortification with which the table conversations filled me. Politics were the chief topic, and a preference of kingly over republican government was evidently the favorite sentiment. An apostate I could not be, nor yet a hypocrite; and I found myself, for the most part, the only advocate on the republican side of the question, unless among the guests there chanced to be some mem ber of that party from the legislative Houses. Hamil ton s financial system had then passed. It had two ob jects; 1st, as a puzzle, to exclude popular understanding and inquiry; 2nd, as a machine for the corruption of the legislature; for he avowed the opinion that man could be governed by one of two motives only, force or inter est; force he observed, in this country was out of the question, and the interests, therefore, of the members must be laid hold of, to keep the legislative in unison with the executive. And with grief and shame it must be acknowledged that his machine was not without effect; that even in this, the birth of our government, some members were found sordid enough to bend their duty to their interests, and to look after personal rather than public good. It is well known that during the war the greatest difficulty we encountered was the want of money or means to pay our soldiers who fought, or our farmers, manufacturers and merchants, who furnished the neces sary supplies of food and clothing for them. After the expedient of paper money had exhausted itself, certifi cates of debt were given to the individual creditors with assurance of payment so soon as the United States ANAS of THOMAS JEFFERSON. 31 should be able. But the distresses of these people often obliged them to part with these for the half, the fifth, ) and even a tenth of their value; and speculators had made a trade of cozening them from the holders by the most fraudulent practices, and persuasions that they would never be paid. In the bill for funding and paying these, Hamilton made no difference between the original holders and the fraudulent purchasers of this paper. Great and just repugnance arose at putting these two classes of creditors on the same footing, and great exer tions were used to pay the former the full value, and to the latter, the price only which they had paid with inter est. But this would have prevented the game which was to be played, and for which the minds of greedy members were already tutored and prepared. When the trial of strength on these several efforts had indi cated the form in which the bill would finally pass, this being known within doors sooner than without, and especially, than to those who were in distant parts of the Union, the base scramble began. Couriers and relay horses by land and swift sailing pilot boats by sea, were flying in all directions. Active partners and agents were associated and employed in every State, town, and country neighborhood, and this paper was bought up at five shillings, and even as low as two shillings in the pound, before the holder knew that Congress had al ready provided for its redemption at par. Immense sums were thus filched from the poor and ignorant and fortunes accumulated by those who had themselves been poor enough before. Men thus enriched by the dexter ity of a leader, would follow of course the chief who was leading them to fortune and become the zealous instru ments of all his enterprises. This game was over, and another was on the carpet 32 ANAS of THOMAS JEFFERSON. at the moment of my arrival; and to this I was most ignorantly and innocently made to hold the candle. This fiscal manoeuvre is well known by the name of the Assumption. Independently of the debts of Congress, the States had during the war contracted separate and heavy debts; and Massachusetts particularly, in an absurd attempt, absurdly conducted, on the British post of Penobscott: and the more debt Hamilton could rake up the more plunder for his mercenaries. This money, whether wisely or foolishly spent, was pretended to have been spent for general purposes, and ought, therefore, to be paid from the general purse. But it was objected that nobody knew what these debts were, what their amount, or what their proofs. No matter; we will guess them to be twenty millions. But of these twenty millions, we do not know how much should be reim bursed to one State, or how much to another. No matter; we will guess. And so another scramble was set on foot among the several States, and some got much, some little, some nothing. But the main object was obtained, the phalanx of the Treasury was re inforced by additional recruits. This measure pro duced the most bitter and angry contest ever known in Congress, before or since the Union of the States. I arrived in the. midst of it. But a stranger to the ground, a stranger to the actors on it, so long absent as to have lost all familiarity with the subject, and as yet unaware of its object, I took no concern in it. The great and trying question, however, was lost in the House of Representatives. So high were the feuds excited by this subject, that on its rejection business was suspended. Congress met and adjourned from day to day without doing any thing, the parties being too much out of tem per to do business together. The eastern members par- ANAS of THOMAS JEFFERSON. 33 ticularly, who, with Smith from South Carolina, were the principal gamblers in these scenes, threatened a secession and dissolution. Hamilton was in despair. As I was going to the President s one day, I met him in the street. He walked me backwards and forwards before the President s door for half an hour. He painted pathetically the temper into which the legisla ture had been wrought; the disgust of those who were called the creditor States ; the danger of the secession of their members, and the separation of the States. He observed that the members of the administration ought to act in concert; that though this question was not of my department, yet a common duty should make it a common concern; that the President was the centre on which all administrative questions ultimately rested, and that all of us should rally around him, and support, with joint efforts, measures approved by him; and that the question having been lost by a small majority only, it was probable that an appeal from me to the judgment and discretion of some of my friends, might effect a change in the vote, and the machine of government, now suspended, might be again set into motion. I told him that I was really a stranger to the whole subject; that not having yet informed myself of the system of finances adopted, I knew not how far this was a necessary se quence; that undoubtedly, if its rejection endangered a dissolution of our Union at this incipient stage, I should deem that the most unfortunate of all conse quences, to avert which all partial and temporary evils should be yielded. I proposed to him, however, to dine with me the next day, and I would invite another friend or two, bring them into conference together, and I thought it impossible that reasonable men, consulting together coolly, could fail, by some mutual sacrifices 34 ANAS of THOMAS JEFFERSON. of opinion, to form a compromise which was to save the Union. The discussion took place. I could take no part in it but an exhortatory one, because I was a stranger to the circumstances which should govern it. But it was finally agreed, that whatever importance had been attached to the rejection of this proposition, the preservation of the Union and of concord among the States was more important, and that therefore it would be better that the vote of rejection should be rescinded, to effect which, some members should change their votes. But it was observed that this pill would be peculiarly bitter to the southern States, and that some concomitant measure should be adopted, to sweeten it a little to them. There had before been propositions to fix the seat of government either at Philadelphia, or at Georgetown on the Potomac; and it was thought that by giving it to Philadelphia for ten years, and to George town permanently afterwards, this might, as an anodyne, calm in some degree the ferment which might be ex cited by the other measure alone. So two of the Poto mac members (White and Lee, but White with a re vulsion of stomach almost convulsive,) agreed to change their votes, and Hamilton undertook to carry the other point. In doing this, the influence he had established over the eastern members, with the agency of Robert Morris with those of the middle States, effected his side of the engagement; and so the Assumption was passed, and twenty millions of stock divided among favored States and thrown in as a pabulum to the stock- jobbing herd. This added to the number of votaries to the Treasury, and made its chief the master of every vote in the legislature, which might give to the government the direction suited to his political views. I know well, and so must be understood, that noth- ANAS of THOMAS JEFFERSON. 35 ing like a majority in Congress had yielded to this cor ruption. Far from it. But a division, not very un equal, had already taken place in the honest part of that body, between the parties styled republican and federal. The latter being monarchists in principle, adhered to Hamilton of course as their leader in that principle, and this mercenary phalanx added to them, insured him always a majority in both Houses : so that the whole action of legislature was now under the di rection of the Treasury. Still the machine was not complete. The effect of the funding system, and of the Assumption, would be temporary; it would be lost with the loss of the individual members whom it has enriched, and some engine of influence more permanent must be contrived, while these myrmidons were yet in place to carry it through all opposition. This engine was the Bank of the United States. All that history is known, so I shall say nothing about it. While the government remained at Philadelphia, a selection of members of both Houses were constantly kept as di rectors who, on every question interesting to that in stitution, or to the views of the federal head, voted at the will of that head; and, together with the stock holding members, could always make the federal vote that of the majority. By this combination, legislative expositions were given to the constitution, and all the administrative laws were shaped on the model of Eng land, and so passed. And from this influence we were not relieved until the removal from the precincts of the bank to Washington. Here then was the real ground of the opposition which was made to the course of administration. Its object was to preserve the legislature pure and independent of the executive, to restrain the administration to republi- 36 ANAS of THOMAS JEFFERSON. can forms and principles, and not permit the constitu tion to be construed into a monarchy, and to be warped, in practice, into all the principles and pollutions of their favorite English model. Nor was this an opposition to General Washington. He was true to the republican charge confided to him ; and has solemnly and repeatedly protested to me, in our conversations, that he would lose the last drop of his blood in support of it; and he did this the oftener and with the more earnestness, be cause he knew my suspicions of Hamilton s designs against it, and wished to quiet them. For he was not aware of the drift, or of the effect of Hamilton s schemes. Unversed in financial projects and calculations and budgets, his approbation of them was bottomed on his confidence in the man. But Hamilton was not only a monarchist, but for a monarchy bottomed on corruption, j In proof of this I will relate an anecdote, for the truth of which, I attest the God who made me. Before the President set out< on his southern tour in April, 1791, he addressed a letter of the fourth of that month, from Mount Vernon, to the Secretaries of State, Treasury and War, desiring that if any serious and important cases should arise during his absence, they would consult and act on them. And he requested that the Vice President should also be con sulted. This was the only occasion on which that officer was ever requested to take part in a cabinet question. Some occasion for consultation arising, I invited those gentlemen (and the Attorney General, as well as I remember,) to dine with me, in order to confer on the subject. After the cloth was removed, and our question agreed and dismissed, conversation began on other matters, and by some circumstance, was led to the British constitution, on which Mr. Adams ANAS of THOMAS JEFFERSON. 37 observed, "purge that constitution of its corruption, and give to its popular branch equality of representa tion, and it would be the most perfect constitution ever devised by the wit of man." Hamilton paused and said, "purge it of its corruption, and give to its popular branch equality of representation, and it would become an impracticable government: as it stands at present, with all its supposed defects, it is the most perfect gov ernment which ever existed." And this was assuredly the exact line which separated the political creeds of these two gentlemen. The one was for two hereditary branches and an honest elective one: the other, for an hereditary King, with a House of Lords and Commons corrupted to his will, and standing between him and the people. Hamilton was, indeed, a singular char acter. Of acute understanding, disinterested, honest, and honorable in all private transactions, amiable in society, and duly valuing virtue in private life, yet so bewitched and perverted by the British example as to be under thorough conviction that corruption was es sential to the government of a nation. Mr. Adams had originally been a republican. The glare of royalty and nobility, during his mission to England, had made him believe their fascination a necessary ingredient in government; and Shay s rebellion, not sufficiently under stood where he then was, seemed to prove that the absence of want and oppression was not a sufficient guarantee of order. His book on the American con stitution having made known his political bias, he was taken up by the monarchical federalists in his absence, and on his return to the United States, he was by them made to believe that the general disposition of our citi zens was favorable to monarchy. He here wrote his Davila, as a supplement to a former work, and his 38 ANAS of THOMAS JEFFERSON. election to the Presidency confirmed him in his errors. Innumerable addresses too, artfully and industriously poured in upon him, deceived him into a confidence that he was on the pinnacle of popularity, when the gulf was yawning at his feet which was to swallow up him and his deceivers. For when General Washington was withdrawn, these energumeni of royalism, kept in check hitherto by the dread of his honesty, his firm ness, his patriotism, and the authority of his name, now mounted on the car of State and free from control, like Phaeton on that of the sun, drove, headlong and wild, looking neither to right nor left, nor regarding anything but the objects they were driving at; until, displaying these fully, the eyes of the nation were opened, and a general disbandment of them from the public councils took place. Mr. Adams, I am sure, has been long since convinced of the treacheries with which he was surrounded during his administration. He has since thoroughly seen that his constituents were devoted to republican government, and whether his judgment is re-settled on its ancient basis, or not, he is conformed as a good cilizen to the will of the majority, and would now, I am persuaded, maintain its republican structure with the zeal and fidelity belonging to his character. For even an enemy has said, "he is always an honest man, and often a great one." But in the fervor of the fury and follies of thos rt who made him their stalking horse, no man who did not witness it can form an idea of their unbridled mad ness, and the terrorism with which they surrounded themselves. The horrors of the French revolution, then raging, aided them mainly, and using that as a raw head and bloody bones, they were enabled by their stratagems of X. Y. . in which this historian was a ANAS of THOMAS JEFFERSON. 39 leading mountebank, their tales of tub-plots, ocean massacres, bloody buoys, and pulpit lyings and slander ing, and maniacal ravings of their Gardeners, their Osgoods and Parishes, to spread alarm into all but the firmest breasts. Their Attorney General had the im pudence to say to a republican member that deporta tion must be resorted to, of which, said he, "you re publicans have set the example;" thus daring to identify us with the murderous Jacobins of France. These trans actions now recollected but as dreams of the night, were then sad realities; and nothing rescued us from their liberticide effect but the unyielding opposition of those firm spirits who sternly maintained their post in defi ance of terror until their fellow citizens could be aroused to their own danger, and rally and rescue the standard of the constitution. This has been happily done. Federalism and rnonarchism have languished from that moment, until their treasonable combinations with the enemies of their country during the late war, their plots of dismembering the Union, and their Hartford con vention, have consigned them to the tomb of the dead; and I fondly hope, we may now truly say, "we are all republicans, all federalists," and that the motto of the standard to which our country will forever rally, will be, "federal union, and republican government;" and sure I am, we may say that we are indebted for the pre servation of this point of ralliance, to that opposition of which so injurious an idea is so artfully insinuated and excited in this history. Much of this relation is notorious to the world; and many intimate proofs of it will be found in these notes. From the moment where they end, of my retiring from the administration, the federalists* got unchecked hold *See note of Oct. i, 1792, T. J. 1 40 ANAS of THOMAS JEFFERSON. of General Washington. His memory was already sensibly impaired by age, the firm tone of mind for which he had been remarkable was beginning to relax, it s energy was abated; a listlessness of labor, a desire for tranquillity had crept on him, and a willingness to let others act and even think for him. Like the rest of mankind, he was disgusted with atrocities of the French revolution, and was not sufficiently aware of the differ ence between the rabble who were used as instruments of their perpetration, and the steady and rational char acter of the American people in which he had not suffi cient confidence. The opposition too of the republicans to the British treaty, and the zealous support of the federalists in that unpopular but favorite measure of theirs, had made him all their own. Understanding, moreover, that I disapproved of that treaty, and cop- iously nourished with falsehoods by a malignant n gh- tor of mine, who ambitioned to be his correspondent, he had become alienated from myself personally, as, from the republican body generally of his fellow-citizens ; and he wrote the letters to Mr. Adams, and Mr. Carroll, over which, in devotion to his imperishable fame, we must forever weep as monuments of mortal decay. February 4th, 1818. Notes on the Vth Vol. of Marshall 1 s Life of Washington. P. 2. The practicability of perpetuating his author ity, etc. I am satisfied Gen. Washington had not a wish to perpetuate his authority. But he who sup poses it was practicable, had he wished it, knows noth ing of the spirit of America, either of the people or of those who professed their confidence. There was, indeed, a cabal of the officers of the army who proposed to establish a monarchy and to propose it to Gen. Wash ington. He frowned indignantly at the proposition according to the information which got abroad, and Rufus King and some few civil characters, chiefly, in deed, I believe to a man north of Maryland, who joined in this intrigue; but they never dared openly to avow it, knowing that the spirit which had produced a change in the form of government was alive to the preserving of it. P. 28. The member of Congress here alluded to was myself, and the extract quoted was part of a letter from myself in answer to one Gen. Washington wrote. Gen. Washington called on me at Annapolis (where I then was as a member of Congress) on his way to the meeting of the Cincinnati in Philadelphia. We had much conver sing on the institution which was chiefly an anticipation of the sentiments in our letters. And in conclusion, after I had stated to him the modifications which I 1 42 ANAS of THOMAS JEFFERSON. 1791 thought might remove all jealousy as well as danger and the parts which might still be retained, he appeared to make up his mind and said, "No, not a fiber of it must be retained; no half way reformation will suffice. If the thing be bad it must be totally abolished," and he declared his determination to use his utmost endeavors to have it entirely abolished. On his return from Phila delphia, he called on me again at Annapolis and sat with me tUl a very late hour in the night, giving me an ac count of what passed in their convention. The sum of it was that he had exerted his whole in fluence in every way in his power to procure an abolition ; that the opposition to it was extreme and especially from some of the younger members, but that after several days of struggle within doors and without, a general sentiment obtained for its entire abolition. Whether any vote had been taken on it or not, I do not remember, but his affirmation to me was that within a few days, I think he said 2 or 3, it would have been formally abolished. Just in that moment arrived Major I/enfant, who had been sent to France to procure the eagles and to offer the order to the French officers who had served in America. He brought the King s per mission to his officers to accept it, the letters of thanks of these officers accepting it, letters of solicitation from other officers to obtain it and the eagles themselves. The effect of all this on the minds of the members was to undo much of what had been done, to re-kindle all the passion which had produced the institution and silence all the dictates of prudence which had been operating for its abolition. After this the General said the utmost that could be effected was the modification which took place which provided for its extinction with the deaths of the existing members. He declined the 1791 ANAS of THOMAS JEFFERSON. 43 presidency and I think Baron Steuben was appointed. I went soon after to France. While there M. de Maunier, charged with that part of the Encyclopedia which re lates to Economics Litique and Diplomatique, called on me with the article of that dictionary "Etats Unis" which he had prepared ready for the press and begged I would revise it and make any notes on it which I should think necessary towards rendering it correct. I fur nished him most of the matter of his fifth, sixth, eighth, ninth, and tenth sections of the article "Etats Unis" with which however he has intermixed some of his own. The ninth is that which relates to the Cincinnati. On this subject the section, as prepared by him, was an unjust and incorrect Philippic against General Wash ington and the American officers in general. I wrote a substitute for it which he adopted, but still retaining considerably of his own matter and interspersing it in various parts. P. 33. "In a government constitution, etc." Here begins the artful complexion he has given to the two parties, federal and republican. In describing the first by their views and motives, he implies an opposition to these motives in their opponents, which is totally un true. The real difference consisted in their different degrees of inclination to monarchy or republicanism. The federalists wished for every thing which would approach our new government to a monarchy : the re publicans to preserve it essentially republican. This was the true origin of the division and remains still the essential principle of difference between the two parties. August 13th, 1791. Notes of a conversation between 44 ANAS of THOMAS JEFFERSON. 1791 Alexander Hamilton and Thomas Jefferson. Th: Jeffer son mentioned to him a letter received from John Adams, disavowing Publicola, and denying that he ever enter tained a wish to bring this country under an hereditary executive, or introduce an hereditary branch of Legis lature, &c. See his letter. Alexander Hamilton con demning Mr. Adams writings, and most particularly Davila, as having a tendency to weaken the present gov ernment, declared in substance as follows: "I own it is my own opinion, though I do not publish it in Dan or Beersheba, that the present government is not that which will answer the ends of society, by giving stability and protection to its rights, and that it will probably be found expedient to go into the British form. However, since we have undertaken the experiment, I am for giv ing it a fair course, whatever my expectations may be. The success, indeed, so far, is greater than I had ex pected, and therefore, at present, success seems more possible than it had done heretofore, and there are still other and other stages of improvement which, if the present does not succeed, may be tried, and ought to be tried, before we give up the republican form alto gether; for that mind must be really depraved, which would not prefer the equality of political rights, which is the foundation of pure republicanism, if it can be ob tained consistently with order. Therefore, whoever by his writings disturbs the present order of things, is really blameable, however pure his intentions may be, and he was sure Mr. Adams were pure." This is the substance of a declaration made in much more lengthy terms, and which seemed to be more formal than usual, for a private conversation between two, and as if in tended to qualify some less guarded expressions which had been dropped on former occasions. Th: Jefferson 1792 ANAS of THOMAS JEFFERSON. 45 has committed it to writing in the moment of A. Ham ilton s leaving the room. December 25th, 1791. Colonel Gunn (of Georgia) dining the other day with Colonel Hamilton, said to him, with that plain freedom he is known to use, "I wish, Sir, you would advise your friend King, to observe some kind of consistency in his votes. There has been scarcely a question before the Senate on which he has not voted both ways. On the representation bill, for instance, he first voted for the proposition of the Representatives, and ultimately voted against it." "Why," says Colo nel Hamilton, "I ll tell you as to that, Colonel Gunn, that it never was intended that bill should pass." Gunn told this to Butler, who told it to Th : Jefferson. Memorandum of communications made to a committee of the Senate on the subject of the diplomatic nomina tions to Paris, London, and the Hague. January 4th, 1792. The Secretary of State having yesterday received a note from Mr. Strong, as chairman of a committee of the Senate, asking a conference with him on the subject of the late diplomatic nominations to Paris, London, and the Hague, he met them in the Senate-chamber in the evening of the same day, and stated to them in sub stance what follows: That he should on all occasions be ready to give to the Senate, or to any other branch of the government, what ever information might properly be communicated, and might be necessary to enable them to proceed in the line of their respective offices: that on the present occa sion, particularly, ay the Senate had to decide on the 46 ANAS of THOMAS JEFFERSON. 1792 fitness of certain persons to act for the United States at certain courts, they would be the better enabled to decide if they were informed of the state of our affairs at those courts, and what we had to do there: that when the bill for providing the means of intercourse with foreign nations was before the legislature, he had met the com mittees of each House, and had given them the ideas of the executive as to the courts with which we should keep diplomatic characters, and the grades we should employ : that there were two principles, which decided on the courts, viz., 1, vicinage; and 2, commerce: that the first operated in the cases of London and Madrid, and the second in the same cases, and also in those of France and Portugal; perhaps, too, of Holland: that as to all other countries, our commerce and connections were too unimportant to call for the exchange of diplomatic resi dents : that he thought we should adopt the lowest grades admissible, to wit, at Paris that of minister plenipo tentiary, because that grade was already established there; the same at London, because of the pride of that court, and perhaps the sense of our country and its interests, would require a sort of equality of treatment to be observed towards them ; and for Spain and Lisbon, that of charge des affaires only; the Hague uncertain: that at the moment of this bill, there was a complete vacancy of appointments between us and France and England, by the accidental translations of the ministers of France and the United States to other offices, and none as yet appointed to, or from England : that in this state of things, the legislature had provided for the grade of minister plenipotentiary, as one that was to be continued, and showed they had their eye on that grade only, and that of charge des affaires; and that by the sum allowed they approved of the views then com- 1792 ANAS of THOMAS JEFFERSON. 47 municated : that circumstances had obliged us to change the grade at Lisbon to minister resident, and this of course would force a change at Madrid and the Hague, as had been communicated at the time to the Senate; but that no change was made in the salary, that of resident being made the same as had been established for a charge des affaires. He then added, the new cir cumstances which had supervened on those general ones in favor of these establishments, to wit, with Paris, the proposal on their part to make a liberal treaty, the present situation of their colonies which might lead to a freer commerce with them, and the arrival of a min ister plenipotentiary here; with London, their sending a minister here in consequence of notorious and re peated applications from us, the powers given him to arrange the differences which had arisen about the exe cution of the treaty, to wit, the posts, negroes, &c., which was now in train, and perhaps some authority to talk on the subject of arrangements of commerce, and also the circumstances which had induced that minister to pro duce his commission; with Madrid, the communication from the king, that he was ready to resume the negotia tions on the navigation of the Mississippi, and to ar range that, and a port of deposit on the most friendly footing, if we would send a proper person to Madrid for that purpose : he explained the idea of joining one of the ministers in Europe to Mr. Carmichael for that purpose; with Lisbon, that we had to try to obtain a right of sending flour there, and mentioned Del Pinta s former favorable opinion on that subject: he stated also, the interesting situation of Brazil, and the disposition of the court of Portugal with respect to our warfare with the Algerines; with Holland, the negotiating loans for the transfer of the whole French debt there, an operation 48 ANAS of THOMAS JEFFERSON. 1792 which must be of some years, because there is but a given sum of new money to be lent to any one nation. He then particularly recapitulated the circumstances which justified the President s having continued the grade of minister plenipotentiary ; but added, that when ever the biennial bill should come on, each House would have a constitutional right to review the establishment again, and whenever it should appear that either House thought any part of it might be reduced, on giving to the executive time to avail themselves of the first con venient occasion to reduce it, the executive could not but do it ; but that it would be extremely injurious now, or at any time, to do it so abruptly as to occasion the recall of ministers, or unfriendly sensation* in any of those countries with which our commerce is interesting. That, a circumstance, recalled to the recollection of the Secretary of State this morning, induced him im mediately to add to the preceding verbal communica tion a letter addressed to Mr. Strong in the following words : Philadelphia, January 4th, 1792. "Sir, I am just now made to recollect a mistake in one of the answers I gave last night in the committee of the Senate, and which, therefore, I beg leave to cor rect. After calling to their minds the footing on which Mr. Morris had left matters at the court of London, and informing them of what had passed between the British minister here and myself, I was asked whether this was all that had taken place? Whether there had been no other or further engagement? I paused, you may re member, to recollect. I knew nothing more had passed on the other side the water, because Mr. Morris powers there had been determined, and I endeavored to recol lect whether anything else had passed with Mr. Ham- 1792 ANAS of THOMAS JEFFERSON. 49 mond and myself. I answered that this was all, and added in proof, that I was sure nothing had passed be tween the President and Mr. Hammond, personally, and so I might safely say this was all. It escaped me that there had been an informal agent here, (Colonel Beck with,) and so informal that it was thought proper that I should never speak on business with him, and that on a particular occasion, the question having been asked whether if a British minister should be sent here, we would send one in exchange? It was said, through an other channel, that one would doubtless be sent. Hav ing only been present when it was concluded to give the answer, and not having been myself the person who communicated it, nor having otherwise had any conver sation with Colonel Beckwith on the subject, it abso lutely escaped my recollection at the moment the com mittee put the question, and I now correct the error I committed in my answer, with the same good faith with which I committed the error in the first moment. Per mit me to ask the favor of you, sir, to communicate this to the other members of the committee, and to con sider this as a part of the information I have had the honor of giving the committee on the subject. I am with the most perfect esteem, sir, Your most obedient and most humble servant. Mr. Strong Th. Jefferson." Which letter, with the preceding statement, contains the substance of what the Secretary of State has com municated to the committee, as far as his memory en ables him to recollect. January 4th, 1792. Feb. 12, 1792. Colonel Beckwith called on me and informed me that tho not publicly commissioned he 50 ANAS of THOMAS JEFFERSON. 1792 had been sent here on the part of his government, that arriving before I came into office he had been put into the hands of another department, not indeed by the Chief Magistrate directly, as he had never had any di rect communications, but informally, and had never been transferred to my department: that on commenc ing his correspondence with the secretary of State of Great Britain, he had thought it his duty to make that circumstance known to us: that Mr. Hammond s ar rival had now rendered his longer continuance here un necessary, as his residence hitherto had been only pre paratory to Mr. Hammond s reception, that he had re ceived orders by the last packet from the Secretary of State to return to England by the next, and that he should accordingly do so. He acknowledged the per sonal civility with which he had been treated generally, and his entire satisfaction. [Note this was the first conversation I ever had with him, but merely as a private gentleman. I note its pur port, because he was sent here by L d Dorchester from Quebec, which consequently authorizes us to send such a character to Quebec.] T.J. Conversations With the President. 1792, February 28th. I was to have been with him long enough before three o clock, (which was the hour and day he received visits,) to have opened to him a proposition for doubling the velocity of the post riders, who now travel about fifty miles a day, and might, without difficulty, go one hundred, and for taking meas ures (by way bills) to know where the delay is, when there is any. I was delayed by business, so as to Have 1792 ANAS of THOMAS JEFFERSON. 51 scarcely time to give him the outlines. I run over them rapidly, and observed afterwards, that I had hitherto never spoken to him on the subject of the post office, not knowing whether it was considered as a revenue law, or a law for the general accommodation of the citizens : that the law just passed seemed to have removed the doubt by declaring that the whole profits of the office should be applied to expending the posts, and that even the past profits should be refunded by the treasury for the same purpose: that I therefore conceive it was now in the department of the Secretary of State: that I thought it would be advantageous so to declare it for another reason, to wit: that the department of the Treasury possessed already such an influence as to swallow up the whole executive powers, and that even the future presidents (not supported by the weight of character which himself possessed,) would not be able to make head against this department. That in urging this measure I had certainly no personal interest, since, if I was supposed to have an appetite for power, yet as my career would certainly be exactly as short as his own, the intervening time was too short to be an object. My real wish was to avail the public of every occasion, during the residue of the President s period, to place things on a safe footing. He was now called on to at tend his company, and he desired me to come and breakfast with him the next morning. February 29th. I did so; and after breakfast we re tired to his room, and I unfolded my plan for the post office, and after such an approbation of it as he usually permitted himself on the first presentment of any idea, and desiring me to commit it to writing, he, during that pause of conversation which follows a business closed, 52 ANAS of THOMAS JEFFERSON. 1792 said in an affectionate tone, that he had felt much con cern at an expression which dropped from me yesterday, and which marked my intention of retiring when he should. That as to himself, many motives obliged him to do it. He had, through the whole course of the war, and most particularly at the close of it, uniformly de clared his resolution to retire from public affairs, and never to act in any public office ; that he had retired under that firm resolution; that the government, however, which had been formed, being found evidently too inefficacious, and it being supposed that his aid was of some consequence towards bringing the people to con sent to one of sufficient efficacy for their own good, he consented to come into the convention, and on the same motive, after much pressing, to take a part in the new government, and get it under way. That were he to continue longer, it might give room to say, that having tasted the sweets of office, he could not do without them : that he really felt himself growing old, his bodily health less firm, his memory, always bad, becoming worse, and perhaps the other faculties of his mind showing a decay to others of which he was insensible himself; that this apprehension particularly oppressed him; that he found, moreover, his activity lessened, business therefore more irksome, and tranquility and retirement become an irresistible passion. That however he felt himself obliged, for these reasons, to retire from the government, yet he should consider it as unfortunate, if that should bring on the retirement of the great officers of the gov ernment, and that this might produce a shock on the public mind of dangerous consequence. I told him that no man had ever had less desire of entering into public offices than myself; that the cir cumstance of a perilous war, which brought every thing 1792 ANAS of THOMAS JEFFERSON. 53 into danger, and called for all the services which every citizen could render, had induced me to undertake the administration of the government of Virginia; that I had both before and after refused repeated appoint ments of Congress to go abroad in that sort of office, which, if I had consulted my own gratification, would almost have been the most agreeable to me; that at the end of two years, I resigned the government of Virginia, and retired with a firm resolution never more to appear in public life; that a domestic loss, however, happened, and made me fancy that absence and a change of scene for a time might be expedient for me; that I therefore accepted a foreign appointment, limited to two years; that at the close of that, Doctor Franklin having left France, I was appointed to supply his place, which I had accepted, and though I continued in it three or four years, it was under the constant idea of remaining only a year or two longer ; that the revolution in France com ing on, I had so interested myself in the event of that, that when obliged to bring my family home, I had still an idea of returning and awaiting the close of that, to fix the era of my final retirement; that on my arrival here I found he had appointed me to my present office ; that he knew I had not come into it without some re luctance ; that it was , on my part, a sacrifice of inclina tion to the opinion that I might be more serviceable here than in France, and with a firm resolution in my mind, to indulge my constant wish for retirement at no very distant day; that when, therefore, I had received his letter, written from Mount Vernon, on his way to Caro lina and Georgia, (April 1st, 1701) and discovered, from an expression in that, that he meant to retire from the government ere long, and as to the precise epoch there could be no doubt, my mind was immediately made up, 54 ANAS of THOMAS JEFFERSON. 1792 to make that the epoch of my own retirement from those labors of which I was heartily tired. That, however, I did not believe there was any idea in any of my brethren in the administration of retiring; that on the contrary, I had perceived at a late meeting of the trustees of the sinking fund, that the Secretary of the Treasury had developed the plan he intended to pursue, and that it embraced years in its view. He said that he considered the Treasury department as a much more limited one, going only to the single ob ject of revenue, while that of the Secretary of State, embracing nearly all the objects of administration, was much more important, and the retirement of the officer therefore, would be more noticed; that though the government had set out with a pretty general good will of the public, yet that symptoms of dissatisfaction had lately shown themselves far beyond what he could have expected, and to what height these might arise, in case of too great a change in the administration, could not be foreseen. I told him, that in my opinion, there was only a single source of these discontents. Though they had indeed appeared to spread themselves over the War department also, yet I considered that as an overflowing only from their real channel, which would never have taken place, if they had not first been generated in another depart ment, to wit, that of the Treasury. That a system had there been contrived, for deluging the States with paper money instead of gold and silver, for withdrawing our citizens from the pursuits of commerce, manufactures, buildings, and other branches of useful industry, to oc cupy themselves and their capitals in a species of gamb ling, destructive of morality, and which had introduced its poison into the government itself. That it was a 1792 ANAS of THOMAS JEFFERSON 55 fact, as certainly known as that he and I were then con versing, that particular members of the legislature, while those laws were on the carpet, had feathered their nests with paper, had then voted for the laws, and con stantly since lent all the energy of their talents, and instrumentality of their offices, to the establishment and enlargement of this system; that they had chained it about our necks for a great length of time, and in order to keep the game in their hands had, from time to time, aided in making such legislative constructions of the constitution, as made it a very different thing from what the people thought they had submitted to; that they had now brought forward a proposition far beyond any one ever yet advanced, and to which the eyes of many were turned, as the decision which was to let us know, whether we live under a limited or an unlimited govern ment. He asked me to what proposition I alluded? I answered, to that in the report on manufactures, which, under color of giving bounties for the encouragement of particular manufactures, meant to establsh the doc trine, that the power given by the constitution to collect taxes to provide for the general welfare of the United States, permitted Congress to take everything under their management which they should deem for the public welfare, and which is susceptible of the applica tion of money ; consequently, that the subsequent enum eration of their powers was not the description to which resort must be had, and did not at all constitute the limits of their authority; that this was a very different question from that of the bank, which was thought an incident to an enumerated power; that, therefore, this decision was expected with great anxiety; that, indeed, I hoped the proposition would be rejected, believing there was a majority in both Houses against it, and 56 ANAS of THOMAS JEFFERSON. 1792 that if it should be, it would be considered as a proof that things were returning into their true channel; and that, at any rate, I looked forward to the broad repre sentation which would shortly take place, for keeping the general constitution on its true ground; and that this would remove a great deal of the discontent which had shown itself. The conversation ended with this last topic. It is here stated nearly as much at length as it really was ; the expressions preserved where I could recollect them, and their substance always faithfully stated. March 1, 1792. T. J. On the 2d of January, 1792, Messrs. Fitzsimmons and Gerry (among others) dined with me. These two staid with a Mr. Learned of Connecticut, after the company was gone. We got on the subject of references by the legislature to the Heads of departments, considering their mischief in every direction. Gerry and Fitz simmons clearly opposed to them. Two days afterwards (January 4th), Mr. Bourne from Rhode Island presented a memorial from his State, com plaining of inequality in the Assumption, and moved to refer it to the Secretary of the Treasury. Fitzsimmons, Gerry and others opposed it ; but it was carried. January 19th. Fitzsimmons moved, that the Presi dent of the United States be requested to direct the Sec retary of the Treasury, to lay before the House informa tion to enable the legislature to judge of the additional revenue necessary on the increase of the military estab lishment. The House, on debate, struck out the words, "President of the United States." 1792 ANAS of THOMAS JEFFERSON. 57 March 7th. The subject resumed. An animated debate took place on the tendency of references to the Heads of departments; and it seemed that a great ma jority would be against it; the House adjourned. Treas ury greatly alarmed, and much industry supposed to be used before next morning, when it was brought on again, and debated through the day, and on the question, the Treasury carried it by thirty-one to twenty-seven; but deeply wounded, since it was seen that all Pennsylvania, except Jacobs, voted against the reference; that Tucker of South Carolina voted for it, and Sumpter absented himself, debauched for the moment only, because of the connection of the question with a further Assumption which South Carolina favored; but showing that they never were to be counted on among the Treasury votes. Some others absented themselves. Gerry changed sides. On the whole, it showed that Treasury influence was tottering. Committed to writing this 10th of March, 1792. Mar. 9, 1792. A consultation at (.). Present, Ham ilton, Knox, Jefferson. 1. Subject. Kirkland s letter. British idea of a new line from Genesee to Ohio. See extract on another paper. Deputation of Six Nations now on their way here. Their dispositions doubtful. Street (Samuel), a Con necticut man, a great scoundrel coming with them. One-fourth of the nation against us. Other three- fourths questionable. c.j ,j Agreed they should be well treated, but not over- trusted. ; - Pond s report. Stedman s report. These two per- 58 ANAS of THOMAS JEFFERSON. 1792 sons had been to Niagara, where they had much con versation with Colonel Gordon, commanding officer. He said he had relation of St. Clair s defeat from a sensi ble Indian, who assured him the Indians had 50 killed and 150 wounded. They were commanded by Simon Girty, a renegade white from Virginia or Pennsylvania. He said the Indians were right, that we should find them a powerful enemy, they were improving in war, did you ever before hear, says he, of Indians being rallied three times? (This rallying was nothing more than the re turns on the three charges with bayonets made by our troops, which produced a corresponding retirement of the Indians, but not a fight). That we should never have peace of the Indians but thro the mediation of Britain; that Britain must appoint one Commissioner, the United States one, the Indians one : a line must be drawn, and Britain guarantee the line and peace. Pond says the British have a prospect of settling one thousand families at the Illinois ; that Captain Stevenson who was here some time ago, and who came over with Governor Simcoe was sent here to Hammond to confer about these matters. (Stevenson stayed here five days and we know was constantly with Hammond). Colonel Gordon re fused to let Pond and Stedman go on. They pretended private business, but in reality had been sent by the President to propose peace to the North West Indians. Hamilton doubts Pond s truth and his fidelity, as he talks of a close intimacy with Colonel Gordon. Jefferson observed that whether Pond be faithful or false, his facts are probable, because not of a nature to be designedly communicated if false. Besides they are supported in many points from other questions. It seems that the English exercise jurisdiction over all the country south of the Genesee, and their idea ap- 1792 ANAS of THOMAS JEFFERSON. 59 pears, to have a new line along that river, then along the Allegheny to Fort Pitt, thence due west or perhaps along the Indian lines to the Mississippi, to give them access to the Mississippi. Hamilton here mentioned that, Hammond in a conversation with him had spoken of settling our uncertain boundary from the Lake of the Woods due west to the Mississippi by substituting from the Lake of the Woods in a straight line to the head of the Mississippi. Agreed in a vote never to admit British mediation. Hamilton proposed that a summary statement of all the facts we are possessed of relative to the aid by the British to the Indians be made and delivered to Pinck- ney to form a representation on it to the city of London. Jefferson observed it would be proper to possess Mr. Pinckney of all the facts that he might at all times be able to meet the British minister in conversation, but that whether he should make a representation or not, in form, depended on another question. Whether it is better to keep the negotiation here or transfer it there? for that certainly any proceeding there would slacken those here and put it in their power gradually to render them the principal. The President was of opin ion the negotiation should be kept here by all means. Shall anything be said here to Hammond? Jefferson, No. There is no doubt but the aids given by subordi nate officers are with secret approbation of the court. A feeble complaint to Hammond then will not change their conduct and yet will humiliate us. Question, proposed by the President, Shall a person be sent to the north western Indians by the way of Fort Pitt and Vincennes to propose peace? Knox observed that such a person could at this season be at Vincennes in twenty-five days and^recommended^one Trueman 60 ANAS of THOMAS JEFFERSON. 1792" and that he should, from Fort Washington take some Indian prisoners as a safeguard. Agreed, but the per son to be further considered of. Question. Shall a second deputation be procured from the Indians now expected here, to go to same place on same object? Hamilton, No. It will show too much earnestness. Jefferson, No, for same reason, and because two deputations, independent of each other might counterwork each other. President, No, for the last reason. Jefferson proposed taking a small post at Presque Isle. 1. To cut off communication between the Six Na tions and western Indians. 2. To vindicate our right by possession. 3. To be able to begin a naval pre paration. Hamilton opposed. It will certainly be at tacked by the English and bring on war. We are not in a condition to go to war. Knox as usual with Hamilton. President: When ever we take post at Presque Isle it must be by going in great force, so as to establish our selves completely before an attack can be made, and with workmen and all materials to create a fleet in- stanter; and he verily believes it will come to that. Brant says he has resigned his English commission and means to become entirely an Indian and wishes to herd and unite all the Indians in a body. The President s answer to St. Claire s letter of resig nation considered. It was drawn by Knox. The pas sage was now omitted to which I objected in my note to the President of Mar. 2. Knox wished to insert some thing like an approbation of all his conduct by the Presi dent. Jefferson said if the President approved all his conduct it would be right to say so. The President said he had always disapproved of two things: 1. The want 1792 ANAS of THOMAS JEFFERSON. 61 of information. 2. Not keeping his army in such a position always as to be able to display them in a line behind trees in the Indian manner at any moment. Knox acquiesced and the letter was altered to avoid touching on anything relative to the action, unless St. Clair should choose to retain a clause acknowledging his zeal that day. The future commander talked of. President went over all the characters, viz : Morgan. No head. Health gone. Speculator. Wayne. Brave and nothing else. Deserves credit for Stony Point, but on another occasion run his head against a wall where success was both impossible and useless. Irwin. Does not know him. Has formed a middling opinion of him. Hamilton, (said) He never distinguished himself. All that he did during the war was to avoid any censure of any kind. Wilkinson. Brave enterprising to excess, but many unapprovable points in his character. Lee. A better head and more resource than any of them, but no economy, and being a junior officer, we should lose benefit of good seniors who would not serve under him. Pinckney. Sensible. Tactician but immersed in business. Has refused other appointments and prob ably will refuse this or accept with reluctance. Pickens. Governor Pinckney recommends him for Southern command if necessary. Sensible, modest, enterprising and judicious. Yet doubtful if he is equal to command of 5000 men. Would be an untried under taking for him. Sumter. Knox intimated he must be commander- 62 ANAS of THOMAS JEFFERSON. 1792 in-chief or nothing. Incapable of subordination. Noth ing concluded. Question proposed. Shall we use Indians against Indians and particularly shall we invite the Six Nations to join us. Knox agreed there were but thirty-six of them who joined the enemy last year, and that we could not count on more than the Cornplanter and 200 to join us. Jefferson. Against employing Indians. Dishonor able policy. He had rather let 36 take the other side than have 200 on ours. Hamilton disliked employing them. No independ ence barbarians treacherous. Knox, for employing 500. President. They must be employed with us or they will be against us. Perhaps immaterial as to Six Na tions but material as to Southern. He would use them to scour round the army at a distance. No small par ties of enemy could approach thro them to discover our movements. He would notwithstanding take some precautions by our own men for fear of infidelity. Ex pensive, discontented, insubordinate. Conclusion. They shall not be invited; but to be told that if they cannot restrain their young men from taking one side or the other, we will receive and em ploy them. Written this 10th of Mar., 1792. 1792, March llth. Consulted verbally by the Presi dent, on whom a committee of the Senate (Izard, Morris, and King) are to wait tomorrow morning, to know whether he will think it proper to redeem our Algerine captives, and make a treaty with the Algerines, on the 1792 ANAS of THOMAS JEFFERSON. 63 single vote of the Senate, without taking that of the Representatives. My opinions run on the following heads : We must go to Algiers with cash in our hands. Where shall we get it? By loan? By converting money now in the treasury? Probably a loan might be obtained on the President s authority; but as this could not be repaid without a subsequent act of legislature, the Representatives might refuse it. So if money in the treasury be con verted, they may refuse to sanction it. The subsequent approbation of the Senate being neces sary to validate a treaty, they expect to be consulted beforehand, if the case admits. So the subsequent act of the Representatives being necessary where money is given, why should not they expect to be consulted in like manner, when the case admits: A treaty is a law of the land. But prudence will point out this difference to be attended to in mak ing them; viz. where a treaty contains such articles only as will go into execution of themselves, or be carried into execution by the judges, they may be safely made; but where there are articles which require a law to be passed afterwards by the legislature, great caution is requisite. For example ; the consular convention with France re quired a very small legislative regulation. This con vention was unanimously ratified by the Senate. Yet the same identical men threw by the law to enforce it at the last session, and the Representatives at this session have placed it among the laws which they may take up or not, at their own convenience, as if that was a higher motive than the public faith. Therefore, against hazarding this transaction without the sanction of both Houses. 64 ANAS of THOMAS JEFFERSON. 1792 The President concurred. The Senate express the motive for this proposition, to be a fear that the Repre sentatives would not keep the secret. He has no opin ion of the secrecy of the Senate. In this very case, Mr. Izard made the communication to him, sitting next to him at table, on one hand, while a lady (Mrs. Mcl y ane) was on his other hand, and the French minister next to her; and as Mr. Izard got on with his communication, his voice kept rising, and his stutter bolting the words out loudly at intervals, so that the minister might hear if he would. He said he had a great mind at one time to have got up, in order to put a stop to Mr. Izard. 1791. Towards the latter end of November, Hamilton had drawn Ternant into a conversation on the subject of the treaty of commerce recommended by the National Assembly of France to be negotiated with us, and, as he had no ready instructions on the subject, he led him into a proposal that Ternant should take the thing up as a volunteer with me, that we should arrange conditions, and let them go for confirmation or refusal. Hamilton communicated this to the President, who came into it, and proposed it to me. I disapproved of it, observing that such a volunteer project would be binding on us, and not them ; that it would enable them to find out how far we would go, and avail themselves of it. However, the President thought it worth trying, and I acquiesced. I prepared a plan of treaty for exchanging the privi leges of native subjects, and fixing all duties forever as they now stood. Hamilton did not like this way of fixing the duties, because, he said, many articles here w r ould bear to be raised, and therefore, he would pre pare a tariff. He did so, raising duties for the French, 1792 ANAS of THOMAS JEFFERSON. 65 from twenty-five to fifty per cent. So they were to give us tlie privileges of native subjects, and we, as a com pensation, were to make them pay higher duties. Ham ilton, having made his arrangements with Hammond to pretend that though he had no powers to conclude a treaty of commerce, yet his general commission author ized him to enter into the discussion of one, then pro posed to the President at one of our meetings that the business should be taken up with Hammond in the same informal way. I now discovered the trap which he had laid, by first getting the President into that step with Ternant. I opposed the thing warmly. Hamilton observed if we did it with Ternant we should also with Hammond. The President thought this reasonable. I desired him to recollect, I had been against it with Ternant, and only acquiesced under his opinion. So the matter went off as to both. His scheme evidently was, to get us engaged first with Ternant, merely that he might have a pretext to engage us on the same ground with Hammond, taking care, at the same time, by an extravagant tariff, to render it impossible we should come to any conclusion with Ternant : probably mean ing, at the same time, to propose terms so favorable to Great Britain, as would attach us to that country by treaty. On one of those occasions he asserted that our commerce with Great Britain and her colonies was put on a much more favorable footing than with France and her colonies. I therefore prepared the tabular com parative view of the footing of our commerce with those nations, which see among my papers. See also my pro ject of a treaty and Hamilton s tariff. Committed to writing March llth, 1792. 1792, March llth. Mr. Sterret tells me, that sitting 66 ANAS of THOMAS JEFFERSON. 1792 round a fire the other day with four or five others, (Mr. Smith of South Carolina was one), somebody mentioned that the murderers of Hogeboom, sheriff of Columbia county, New York, were acquitted. "Aye," says Smith, "this is what comes of your damned trial by jury." I Verbal answer proposed to the President to be made to the Committee who are to wait on him with the reso lution of the 10th inst., congratulating on the comple tion and acceptance of the French constitution. That the President will, in his answer, communicate to the King of the French, the sentiments expressed by the House of Representatives in the resolution which the committee has delivered him. Mar. 12, 1792. It was observable, that whenever at any of our con sultations, anything was proposed as to Great Britain, Hamilton had constantly ready something which Mr. Hammond had communicated to him, which suited the subject and proved the intimacy of their communica tions; insomuch, that I believe he communicated to Hammond all our views, and knew from him, in return, the views of the British court. Many evidences of this occurred; I will state some. 1 delivered to thePresident my report of instructions for Carmichael and Short on the subject of navigation, boundary and commerce, and desired him to submit it to Hamilton. Hamilton made several just criticisms on different parts of it. But where I asserted that the United States had no right to alienate an inch of the territory of any State, he attacked and denied the doctrine. See my report, his note, and my answer. A few days after c*e to hand Kirkland s letter, informing us that the British, at Niagara, ex pected to run a new line between themselves and us; 1792 ANAS of THOMAS JEFFERSON. 67 and the reports of Pond and Stedman, informing us it was understood at Niagara, that Captain Stevenson had been sent here by Simcoe to settle that plan with Ham mond. Hence Hamilton s attack of the principle I had laid down, in order to prepare the way for this new line. See minute of March the 9th. Another proof. At one of our consultations, about the last of December, I mentioned that I wished to give in my report on com merce, in which I could not avoid recommending a com mercial retaliation against Great Britain. Hamilton opposed it violently; and among other arguments, ob served, that it was of more importance to us to have the posts than to commence a commercial war ; that this, and this alone,would free us from the expense of the Indian wars ; that it would therefore be the height of imprudence in us, while treating for the surrender of the posts, to engage in anything which would irritate them; that if we did so, they would naturally say, "these people mean war, let us therefore hold what we have in our hands/* This argument struck me forcibly, and I said, "if there is a hope of obtaining the posts, I agree it would be im prudent to risk that hope by a commercial retaliation. I will, therefore, wait till Mr. Hammond gives me in his assignment of breaches, and if that gives a glimmering of hope that they mean to surrender the posts, I will not give in my report till the next session." Now, Ham mond had received my assignment of breaches on the 15th of December, and about the 22d or 23d had made me an apology for not having been able to send me his counter-assignment of breaches; but in terms which showed I might expect it in a few days. From the moment it escaped my lips in the presence of Hamilton, that I would not give in my report till I should see Ham mond s counter-complaint, and judge if there was a 68 ANAS of THOMAS JEFFERSON. 1792 hope of the posts, Hammond never said a word to me on any occasion, as to the time he should be ready. At length the President got out of patience, and insisted I should jog him. This I did on the 21st of February, at the President s assembly; he immediately promised I should have it in a few days, and accordingly, on the 5th of March I received it. Written March llth, 1792. March 12th, 1792. Sent for by the President, and desired to bring the letter he had signed to the King of France. Went. He said the House of Representatives had, on Saturday, taken up the communication he had made of the King s letter to him, and come to a vote in their own name ; that he did not expect this when he sent the message and the letter ; otherwise he would have sent the message without the letter, as I had proposed. That he apprehended the legislature would be endeav oring to invade the executive. I told him I had under stood the House had resolved to request him to join their congratulations to his on the completion and ac ceptance of the constitution on which part of the vote, there were only two dissentients, (Barnwell and Ben son) that the vote was thirty-five to sixteen on that part which expressed an approbation of the wisdom of the constitution; that in the letter he had signed, I had avoided saying a word in approbation of the constitu tion, not knowing whether the King, in his heart, ap proved it. Why, indeed, says he, I begin to doubt very much of the affairs of France ; there are papers from Lon don as late as the 10th of January, which represent them as going into confusion. He read over the letter he had signed, found there was not a word which could commit his judgment about the constitution, and gave it to me 1792 ANAS of THOMAS JEFFERSON. 69 back again. This is one of many proofs I have had, of his want of confidence in the event of the French revolu tion. The fact is, that Governcur Morris, a high-flying monarchy man, shutting his eyes and his faith to every fact against his wishes, and believing everything he desires to be true, has kept the President s mind con stantly poisoned with his forebodings. That the Presi dent wishes the revolution may be established, I be lieve from several indications. I remember, when I received the news of the King s flight and capture, I first told him of it at his assembly. I never saw him so much dejected by any event in my life. He expressed clearly, on this occasion, his disapprobation of the legislature referring things to the Heads of departments. Written March the 12th. Eodem die. Ten o clock A. M. The preceding was about nine o clock. The President now sends Lear to me, to ask what answer he shall give to the committee, and particularly, whether he shall add to it, that, "in making the communication, it was not his expectation that the House should give any answer." I told Mr. Lear that I thought the House had a right, independent ly of legislation, to express sentiments on other sub jects. That when these subjects did not belong to any other branch particularly, they would publish them by their own authority; that in the present case, which respected a foreign nation, the President being the organ of our nation with other nations, the House would satisfy their duty, if, instead of a direct communication, they should pass their sentiments through the President; that if expressing a sentiment were really an invasion of the executive power, it was so faint a one, that it would be difficult to demonstrate it to the public, and to a public 70 ANAS of THOMAS JEFFERSON. 1792 partial to the French revolution, and not disposed to consider the approbation of it from any quarter as im proper. That the Senate, indeed, had given many in dications of their wish to invade the executive power: the Representatives had done it in one case, which was indeed mischievous and alarming; that of giving orders to the Heads of the executive departments, without con sulting the President ; but that the late vote for directing the Secretary of the Treasury to report ways and means, though carried, was carried by so small a majority, and with the aid of members so notoriously under a local influence on that question, as to give a hope that the practice would be arrested, and the constitutional course be taken up, of asking the President to have information laid before them. But that in the present instance, it was so far from being clearly an invasion of the executive and would be so little approved by the general voice, that I could not advise the President to express any dissatisfaction at the vote of the House; and I gave Lear, in writing, what I thought should be his answers. See it. March 3lst. A meeting at the President s; present, Thomas Jefferson, Alexander Hamilton, Henry Knox and Edmond Randolph. The subject was the resolu tion of the House of Representatives, of March 27th, to appoint a committee to inquire into the causes of the failure of the late expedition under Major General St. Clair with the power to call for such persons, papers and records as may be necessary to assist their in quiries. The committee had written to Knox for the original letters, instructions, &c. The President had called us to consult, merely because it was the first ex ample, and he wished that so far as it should become 1792 ANAS of THOMAS JEFFERSON. 71 a precedent, it should be rightly conducted. He neither acknowledged nor denied, nor even doubted the pro priety of what the House were doing, for he had not thought upon it, nor was acquainted with subjects of this kind: he could readily conceive there might be papers of so secret a nature, as that they ought not to be given up. We were not prepared, and wished time to think and enquire. April 2d. Met again at the President s, on the same subject. We had all considered, and were of one mind, first, that the House was an inquest, and therefore might institute inquiries. Second, that it might call for papers generally. Third, that the executive ought to com municate such papers as the public good would permit, and ought to refuse those, the disclosure of which would injure the public. Consequently were to exercise a dis cretion. Fourth, that neither the committee nor House had a right to call on the Head of a department, who and whose papers were under the President alone, but that the committee should instruct their chairman to move the House to address the President. We had princi pally consulted the proceedings of the Commons in the case of Sir Robert Walpole, 13 Chandler s Debates. For the first point, see pages 161, 170, 172, 183, 187, 207; for the second, pages 153, 173, 207; for the third, 81, 173, appendix page 44; fourth, page 246. Note. Hamilton agreed with us in all these points, except as to the power of the House to call on Heads of departments. He observed, that as to his department, the act con stituting it had made it subject to Congress in some points, but he thought himself not so far subject, as to be obliged to produce all the papers they might call for. They might demand secrets of a very mischievous nature. 72 ANAS of THOMAS JEFFERSON. 1792 Here I thought he began to fear they would go on to examining how far their own members and other per sons in the government had been dabbling in stocks, banks, &c., and that he probably would choose in this case to deny their power; and, in short, he endeavored to place himself subject to the House, when the execu tive should propose what he did not like, and subject to the executive, when the House should propose anything disagreeable. I observed here a difference between the British parliament and our Congress, that the for mer was a legislature, an inquest, and a council (S. C. page 91.) for the King. The latter was, by the consti tution, a legislature and an inquest, but not a council. Finally agreed, to speak separately to the members of the commitee, and bring them by persuasion into the right channel. It was agreed in this case, that there was not a paper which might not be properly produced, that copies only should be sent, with an assurance, that if they should desire it, a clerk should attend with the originals to be verified by themselves. The committee were Fitzsimmons, Steele, Mercer, Clarke, Sedgwick, Giles and Vining. April 9*fe, 1792. The President had wished to redeem our captives at Algiers, and to make peace with them on paying an annual tribute. The Senate were willing to approve this, but unwilling to have the lower House applied to previously to furnish the money; they wished the President to take the money from the treasury, or open a loan for it. They thought that to consult the Representatives on one occasion, would give them a handle always to claim it, and would let them into a participation of the power of making treaties, which the constitution had given exclusively to the President and 1792 ANAS of THOMAS JEFFERSON. 73 Senate. They said too, that if the particular sum was voted by the Representatives, it would not be a secret. The President had no confidence in the secresy of the Senate, and did not choose to take money from the treasury or to borrow. But he agreed he would enter into provisional treaties with the Algerines, not to be binding on us till ratified here. I prepared questions for consultation with the Senate, and added, that the Senate were to be apprized, that on the return of the provisional treaty, and after they should advise the ratification, he would not have the seal put to it till the two Houses should vote the money. He asked me if the treaty stipulating a sum and ratified by him, with the advice of the Senate, would not be good under the constitution, and obligatory on the Representatives to furnish the money? I answered it certainly would, and that it would be the duty of the Representatives to raise the money; but that they might decline to do what was their duty, and I thought it might be incautious to commit himself by a ratification with a foreign nation, where he might be left in the lurch in the execution: it was possible too, to conceive a treaty, which it would not be their duty to provide for. He said that he did not like throwing too much into democratic hands, that if they would not do what the constitution called on them to do, the government would be at an end, and must then assume another form. He stopped here; and I kept silence to see whether he would say anything more in the same line, or add any qualifying expression to soften what he had said, but he did neither. I had observed, that wherever the agency of either or both Houses would be requisite subsequent to a treaty to carry it into effect, it would be prudent to consult them previously, if the occasion admitted. That thus 74 ANAS of THOMAS JEFFERSON. 1792 it was, we were in the habit of consulting the Senate previously, when the occasion permitted, because their subsequent ratification would be necessary. That there was the same reason for consulting the lower House pre viously, where they were to be called on afterwards, and especially in the case of money, as they held the purse strings, and would be jealous of them. However, he desired me to strike out the intimation that the seal would not be put till both Houses should have voted the money. April 6th. The President called on me before break fast, and first introduced some other matter, then fell on TV the representation bill, which he had now in his pos session for the tenth day. I had before given him my opinion in writing, that the method of apportionment was contrary to the constitution. He agreed that it was contrary to the common understanding of that instru ment, and to what was understood at the time by the makers of it; that yet it would bear the construction which the bill put, and he observed that the vote for and against the bill was perfectly geographical, a north ern against a southern vote, and he feared he should be thought to be taking side with a southern party. I admitted the motive of delicacy, but that it should not induce him to do wrong; urged the dangers to which the scramble for the fractionary members would always lead. He here expressed his fear that there would, ere long, be a separation of the Union ; that the public mind seemed dissatisfied and tending to this. He went home, sent for Randolph, the Attorney General, desired him to get Mr. Madison immediately and come to me, and if we three concurred in opinion that he should negative the bill, he desired to hear nothing more about it, but 1792 ANAS of THOMAS JEFFERSON. 75 that we would draw the instrument for him to sign. They came. Our minds had been before made up. We drew the instrument. Randolph carried it to him. and told him we all concurred in it. He walked with him to the door, and as if he still wished to get off, he said, "and you say you approve of this yourself." "Yes Sir," says Randolph, "I do upon my honor." He sent it to the House of Representatives instantly. A few of the hottest friends of the bill expressed passion, but the majority were satisfied, and both in and out of doors it gave pleasure to have, at length, an instance of the negative being exercised. Written this the 9th of April. Notes of a conversation with Hammond. June 3d, 1792. Having received Mr. Hammond s letter of June 2d, informing me that my letter of May 29th should be sent to his court for their instructions, I immediately went to his house. He was not at home. I wrote him a note, inviting him to come and dine with me alone, that we might confer together in a familiar way on the sub ject of our letters, and consider what was to be done. He was engaged, but said he would call on me any hour the next day. I invited him to take a solo dinner the next day. He accepted and camt. After the cloth was taken off, and the servants retired, I introduced the conversation by adverting to that part of his letter wherein he disavowed any intentional deception, if he had been misinformed, and had misstated any facts, assuring him that I acquitted him of every suspicion of that kind : that he had been here too short a time to be acquainted with facts himself, or to know the best 76 ANAS of THOMAS JEFFERSON. 1792 sources for getting at them: that I had found great difficulty myself in the investigation of facts, and with respect to the proceedings of the courts particularly, had been indebted to the circumstance of Congress being in session, so that I could apply to the members of the different States for information respecting their States. I told him that each party having now stated the matters between the two nations in the point of view in which they appeared to each, had hoped that we might by the way of free conversation abridge what remained : that I expected we were to take for our basis, that the treaty was to be fully executed: that, on our part, we had pronounced our demands explicitly, to have the upper posts delivered up, and the negroes paid for: that they objected infractions on our part, which we denied: that we ought to proceed to investigate the facts on which we differed: that this was the country in which they could alone be investigated; and if it should be found we had unjustifiably broken the treaty, the case was of a nature to admit of a proper compro mise. He said that he believed the question had never been understood by his court; admitted they had as yet heard only one side of it, and that from a party which entertained strong feelings against us (I think he said the Refugees) : that the idea would be quite new to his court, of their having committed the first infractions, and of the proceedings on the subject of their debts here being on the ground of retaliation: that this gave the case a complexion so entirely new and different from what had been contemplated, that he should not be justified in taking a single step : that he should send my letter to the ministers that they would be able to con sider facts and dates, see if they had really been the first 1792 ANAS of THOMAS JEFFERSON. 77 infractors, and say what ground they would take on this new state of the case: that the matter was now for the first time carried into mutual discussion: that the close of my letter contained specific propositions, to which they would of course give specific answers adapted to the new statement of things brought forward. I re plied, that as to the fact of their committing the first infraction, it could not be questioned: confessed that I believe the ministers which signed the treaty, meant to execute it: that Lord Shelburne s plan was to produce a new coalescence by a liberal conduct towards us : that the ministry which succeeded thought the treaty too liberal, and wished to curtail its effect in the course of executing it; but that if every move and counter-move was to cross the Atlantic, it would be a long game in deed. He said, no : that he thought they could take their ultimate ground at once, on having before them a full view of the facts, and he thought it foftunate that Mr. Bond, from whom he got most of his information, and Lord Dorchester, would be on the spot to bring things to rights, and he imagined he could receive his instructions before November. I told him that 1 apprehended that Lord Dorchester would not feel a disposition to promote conciliation, seeing himself marked personally as an infractor; and mentioned to him the opinions entertained here of the unfriendliness of Mr. Bond s mind towards us. He jus tified Mr. Bond., believed him candid and disposed to conciliate. Besides Mr. Bond, he had received informa tion from their other consuls, and the factors of the merchants, who assured him that they could furnish proofs of the facts they communicated to him, and which he had advanced on their authority, and that he should now write to them to produce their author- 78 ANAS of THOMAS JEFFERSON. 1792 ity. He admitted that the debt to British fubjecti might be considered as liquidated from the Potomac northward; that South Carolina was making a laud able effort to pay hers; and that the only important object now was, that of Virginia, amounting by his list to two millions sterling; that the attention of the British merchants from North to South was turned to the decision of the case of Jones and Walker, which he hoped would take place at the present session, and let them see what they had to depend on. I told him that I was sorry to learn that but two judges had arrived in Richmond, and that unless the third arrived they would not take it up. I desired him to observe that the question in that case related only to that description of debts which had been paid into the treasury : that without pretending to know with any accuracy what proportion of the whole debt of Virginia had been paid into the treasury, I believed it was a small one ; but the case of Jones and Walker would be a precedent for those debts only: that as to the great residuary mass, there were precedents enough, as it appeared they were in a full course of recovery, and that there was no obstacle, real or apparent. He did not ap pear to have adverted to the distinction, and showed marks of satisfaction on understanding that the ques tion was confined to the other portion of the debts only. He thought that the collection, there being one under a hopeful way, would of itself change the ground on which our difference stands. He observed that the treaty was of itself so vague and inconsistent in many of its parts as to require an explanatory convention, He instanced the two articles, one of which gave them the navigation of the Mississippi, and the other bounded them by a due west line from the Lake of the Woods, 1792 ANAS of THOMAS JEFFERSON. 79 which being now understood to pass beyond the most northern sources of the Mississippi, intercepted all access to that river : that to reconcile these articles, that line should be so run as to give them access to the navi gable waters of the Mississippi, and that it would even be for our interest to introduce a third power between us and the Spaniards. He asked my idea of the line from the Lake of the Woods, and of now settling it. I told him I knew of no objection to the settlement of it, that my idea of it was, that if it was an impassable line, as proposed in the treaty, it should be rendered passable by as small and unimportant an alteration as might be, which I thought would be to throw in a line running due north from the northernmost source of the Mississippi, till it should strike the western line from the Lake of the Woods: that the article giving them a navigation in the Mississippi did not relate at all to this northern bound ary, but to the southern one, and to the secret article respecting that: that he knew that our Provisional Treaty was made seven weeks before that of Spain : that at the date of ours, their ministers had still a hope of re taining Florida, in which case they were to come up to the thirty-second degree, and in which case also the navigation of the Mississippi would have been important ; but that they had not been able, in event, to retain the ountry to which the navigation was to be an appendage. (It was evident to me that they had it in view to claim a slice on our northwestern quarter, that they may get into the Mississippi ; indeed, I thought it presented as a sort of make-weight with the posts to compensate the great losses their citizens had sustained by the infrac tions charged on us.) I had hinted that I had not been without a hope that an early possession of the posts might have been given 80 ANAS of THOMAS JEFFERSON. 1792 us as a commencement of full execution of the treaty. He asked me if I had conceived that he was author ized to write to the Governor of Canada to deliver us the posts? I said I had. He smiled at that idea, and assured me he had by no means any such authority. I mentioned what I had understood to have passed be tween him and General Dickinson, which was related to me by Mr. Hawkins, to wit : that the posts might be delivered upon the assurance of the recovery of their debts in Virginia. He said that if any such thing as that had dropped from him, it must have been merely as a private and unauthorized opinion, for that the opinion of his court was, that the retention of the posts was but a short compensation for the losses which their citizens had sustained, and would sustain by the delay of their admission into our courts. (Putting together this expression and his frequent declaration that the face of the controversy was now so totally changed from what it was understood to be at his court, that no in structions of his could be applicable to it, I concluded that his court had entertained no thought of ever giving up the posts, and had framed their instructions to him on a totally different hypothesis.) He asked what we understood to be the boundary between us and the Indians? I told him he would see by recurring to my report on the North Western Territory, and by tracing the line there described on Hutchins map. What did I understand to be our right in the Indian soil? 1st. A right of preemption of their lands; that is to say, the sole and exclusive right of purchasing from them when ever they should be willing to sell. 2d. A right of regulating the commerce between them and the whites. Did I suppose that the right of preemption prohibited any individual of another nation from purchasing lands 1792 ANAS of THOMAS JEFFERSON. 81 which the Indians should be willing to sell? Certainly. We consider it as established by the usage of different nations into a kind of Jus gentium for America, that a white nation settling down and declaring that such and such are their limits, makes an invasion of those limits by any other white nation an act of war, but gives no right of soil against the native possessors. Did I think the right of regulating the commerce went to prohibit the British traders from coming into the Indian terri tory? That has been the idea. He said this would be hard on the Indians. I observed that whichever way the principle was established, it would work equally on both sides the line. I did not know whether we would gain or lose by mutual admission or exclusion. He said they apprehended our intention was to exterminate the Indians and take the lands. I assured him that, on the contrary, our system was to protect them, even against our own citizens; that we wish to get lines es tablished with all of them, and have no views even of purchasing any more lands of them for a long time. We consider them as a mare chaussee, or police, for scouring the woods on our borders, and preventing their being a cover for rovers and robbers. He wished the treaty had established an independent nation between us to keep us apart. He was under great apprenhensions that it would become a matter of bidding as it were, between the British and us, who should have the greatest army there, and who should have the greatest force on the lakes: that we, holding posts on this side the water, and they on the other, soldiers looking constantly at one another, would get into broils and commit the two nations in war. I told him we might perhaps regulate by agreement the force to be kept on each side. 82 ANAS of THOMAS JEFFERSON. 1792 He asked what was our view in keeping a force there : that he apprehended if we had these posts, we should be able to hinder vessels from passing. I answered that I did not know whether the position of the present posts WHS such as that no vessel could pass but within their gun-shot; but that each party must have plenty of such positions on the opposite sides, exclusively of the present posts : that our view in possessing, these posts was to awe the Indians, to participate in the fur trade, to protect that trade. Protect it against whom? Against the Indians. He asked what I imagined to be their motives for keeping the posts? To influence the Indians, to keep off a rival nation and the appearance of having a rival nation, to monopolize the fur trade. He said he was not afraid of rivals if the traders would have fair play. He thought it would be better that neither party should have any military posts, but only trading houses. I told him that the idea of having no military posts on either side was new to me : that it had never been men tioned among the members of the Executive : that there fore I could only speak for myself and say that, prima facie, it accorded well with two favorite ideas of mine, of leaving commerce free, and never keeping an un necessary soldier; but when he spoke of having no mili tary posts on either side, there might be difficulty in fixing the distance of the nearest posts. He said that though his opinion on this subject was only a private one, and he understood mine to be so also, yet he was much pleased that we two seemed to think nearly alike, as it might lead to something. He said that their principal object in the fur trade was the consumption of the goods they gave in exchange for the furs. I answered that whether the trade was carried on by English or Ameri cans, it would be with English goods, and the route 1792 ANAS of THOMAS JEFFERSON . 83 would be, not through Canada, but by the shorter channels of the Hudson or Potomac. It is not pretended that the above is in the exact order, or the exact words of the conversation. This was often desultory, and I can only answer for having given generally the expression, and always the substance of what passed. June 4, 1792. July Wth, 1792. My letter of to the President, directed to him at Mount Vernon, had not found him there, but came to him here. He told me of this, and that he would take an occasion of speaking with me on the subject. He did so this day. He began by ob serving that he had put it off from day to day, because the subject was painful, to wit, his remaining in office, which that letter solicited. He said that the declaration he had made when he quitted his military life, was sin cere. That, however, when he was called on to come forward to set the present government in motion, it ap peared to him that circumstances were so changed as to justify a change in his resolution: he was made to be lieve that in two years all would be well in motion, and he might retire. At the end of two years he found some things still to be done. At the end of the third year, he thought it was not worth while to disturb the course of things, as in one year more his office would expire, and he was decided then to retire. Now he was told there would still be danger in it. Certainly, if he thought so, he would conquer his longing for retirement. But he feared it would be said his former professions of re- 84 ANAS of THOMAS JEFFERSON. 1792 tirement had been mere affectation, and that he was like other men, when once in office he could not quit it He was sensible, too, of a decay of his hearing, perhaps his other faculties might fall off and he not be sensible of it. That with respect to the existing causes of un easiness, he thought there were suspicions against a par ticular party, which had been carried a great deal too far; there might be desires, but he did not believe there were designs to change the form of government into a monarchy; that there might be a few who wished it in the higher walks of life, particularly in the great cities, but that the main body of the people in the eastern States were as steadily for republicanism as in the southern. That the pieces lately published, and particularly in Freneau s paper, seemed to have in view the exciting opposition to the government. That this had taken place in Pennsylvania as to the excise law, according to information he had received from General Hand. That they tended to produce a separation of the Union, the most dreadful of all calamities, and that whatever tended to produce anarchy, tended, of course, to produce a resort to monarchical government. He considered those papers as attacking him directly, for he must be a fool indeed to swallow the little sugar plurns here and there thrown out to him. That in condemning the adminis tration of the. government, they condemned him, for if there were measures pursued contrary to his sentiments, they must conceive him too careless to attend to them, or too stupid to understand them. That though, in deed, he had signed many acts which he did not approve in all their parts, yet he had never put his name to one which he did not think, on the whole, was eligible. That as to the bank, which had been an act of so much com plaint, until there was some infallible criterion of reason, 1792 ANAS of THOMAS JEFFERSON. 85 a difference of opinion must be tolerated. He did not believe the discontents extended far from the seat of government. He had seen and spoken with many people in Maryland and Virginia in his late journey. He found the people contented and happy. He wished, however, to be better informed on this head. If the discontents were more extensive than he supposed, it might be that the desire that he should remain in the government was not general. My observations to him tended principally to enforce the topics of my letter. I will not, therefore, repeat them, except where they produced observations from him. I said that the two great complaints were, that the national debt was unnecessarily increased, and that it had furnished the means of corrupting both branches of the legislature; that he must know, and everybody knew, there was considerable squadron in both, whose votes were devoted to the paper and stock- jobbing interest, that the names of a weighty number were known, and several others suspected on good grounds. That on examining the votes of these men, they would be found uniformly for every Treasury measure, and that as most of these measures had been carried by small majorities, they were carried by these very votes. That, therefore, it was a cause of just uneasiness, when we saw a legislature legislating for their own interests, in op position to those of the people. He said not a word on the corruption of the legislature, but took up the other point, defended the Assumption, and argued that it had not increased the debt, for that all of it was honest debt . He justified the excise law, as one of the best laws which could be passed, as nobody would pay the tax who did not choose to do it. With respect to the increase of the debt by the Assumption, I observed to him that what 86 ANAS of THOMAS JEFFERSON. 1792 was meant and objected to was, that it increased the debt of the General Government, and carried it be yond the possibility of payment. That if the bal ances had been settled, and the debtor States di rected to pay their deficiencies to the creditor States, they would have done it easily, and by resources of taxa tion in their power, and acceptable to the people; by a direct tax in the south, and an excise in the north. Still, he said, it would be paid by the people. Finding him really approving the treasury system, I avoided en tering into argument with him on those points. Gunston Hall. Ex-rtlatione G. Mason. Sept. SQth, 1792. The constitution as agreed to till a fortnight before the Convention rose, was such a one as he would have set his hand and heart to. 1st. The President was to be elected for seven years. Then in eligible for seven years more, 2d. Rotation in the Senate. 3d. A vote of two-thirds in the legislature on particular subjects, and expressly on that of navigation. The three New England States were constantly with us in all questions (Rhode Island not there, and New York seldom), so that it was these three States with the five southern ones against Pennsylvania, New Jersey, and Delaware. With respect to the importation of slaves it was left to Congress. This disturbed the two southernmost States, who knew that Congress would immediately suppress the importation of slaves. Those two States, therefore, struck up a bargain with the three New Eng land States. If they would join to admit slaves for some years, the southernmost States would join in changing 1792 ANAS of THOMAS JEFFERSON. 87 the clause which required two-thirds of the legislature in any vote. It was done. These articles were changed accordingly, and from that moment the two southern most States, and the three northern ones, joined Penn sylvania, New Jersey and Delaware, and made the ma jority eight to three against us, instead of eight to three for us, as it had been through the whole Convention. Under this coalition, the great principles of the consti.- tution were changed in the last days of the Convention. Anecdote. Yates, Lansing and Hamilton represented New York. Yales and Lansing never voted in one single instance with Hamilton, who was so much morti fied at it that he went home. When the season for courts came on, Yates, a judg >, and Lansing, a lawyer, went to attend their courts. Then Hamilton returned. Anecdote. The constitution as agreed at first was, that amendments might be proposed either by Congress or the legislatures. A committee was appointed to digest and redraw. Gouverneur Morris and King were of the committee. One morning Gouverneur Morris moved an instrument for certain alterations (not one-half the members yet come in). In a hurry and without under standing, it was agreed to. The committee reported so that Congress should have the exclusive power of pro posing amendments. George Mason observed it on the report, and opposed it. King denied the construction. Mason demonstrated it, and asked the committee by what authority they had varied what had been agreed. Gouverneur Morris then imprudently got up, and said, by authority of the Convention, and produced the blind instruction before mentioned, which was unknown by one-half of the House, and not till then understood by 88 ANAS of THOMAS JEFFERSON. 1792 the other. They then restored it, as it originally stood. He said he considered Hamilton as having done us more injury than Great Britain and all her fleets and armies. That his (Mason s) plan of settling our debts would have been something in this way. He would have laid as much tax as could be paid without oppressing the peo ple; particularly he would have laid an impost of about the amount of the first, laid by Congress, but somewhat different in several of its articles. He woiild have sus pended all application of it one year, during which an office should have been open to register unalienated certificates. At the end of the year he would have ap propriated his revenue. 1st. To pay the civil list. 2d. The interest of these certificates. 3d. Installments of the principal. 4th. A surplus to buy up the alien ated certificates, still avoiding to make any other pro vision for these last. By the time the unalienated cer tificates should have been all paid, he supposed half the alienated ones would have been bought up at market. He would then have proceeded to redeem the residue of them. Bladensburg, October 1st, 1792. This morning, at Mount Vernon, I had the following conversation with the President. He opened it by expressing his regret at the resolution in which I appeared so fixed, in the letter I had written him, of retiring from public affairs. He said, that he should be extremely sorry that I should do it, as long as he was in office, and that he could not see where he should find another character to fill my office. That, as yet, he was quite undecided whether to retire in March or not. His inclinations led him strongly to do it. Nobody disliked more the ceremonies of his office, and he had not the least taste or gratifica- 1792 ANAS of THOMAS JEFFERSON. 89 tion in the execution of it s functions. That he was happy at home alone, arid that his presence there was now peculiarly called for by the situation of Major Washington, whom he thought irrecoverable, and should he get well, he would remove into another part of the country, which might better agree with him. That he did not believe his presence necessary ; that there were other characters who would do the business as well or better. Still, however, if his aid was thought necessary to save the cause to which he had devoted his life principally, he would make the sacrifice of a longer continuance. That he therefore reserved himself for future decision, as his declaration would be in time if made a month before the day of election. He had desired Mr. Lear to find out from conversation, with out appearing to make the inquiry, whether any other person would be desired by any body. He had informed him, he judged from conversations that it was the uni versal desire he should continue, and he believed that those who expressed a doubt of his continuance, did it in the language of apprehension, and not of desire. But this, says he, is only from the north; it may be very different in the south. I thought this meant as an open ing to me to say what was the sentiment in the south, from which quarter I came. I told him that as far as I knew, there was but one voice there, which was for his continuance. That as to myself, I had ever preferred the pursuits of private life to those of public, which had nothing in them agreeable to me. I explained to him the circumstances of the war which had first called me into public life, and those following the war, which had called me from a retirement on which I had determined. That I had constantly kept my eye on my own home, and could no longer refrain from returning to it. As to 90 ANAS of THOMAS JEFFERSON. 1792 himself, his presence was important; that he was the only man in the United States who possessed the con fidence of the whole; that government was founded in opinion and confidence, and that the longer he remained the stronger would become the habits of the people in submitting to the government, and in thinking it a thing to be maintained; that there was no other person who would be thought anything more than the head of a party. He then expressed his concern at the difference which he found to subsist between the Secretary of the Treasury and myself, of which he said he had not been aware. He knew, indeed, that there was a marked difference in our political sentiments, but he had never suspected it had gone so far in producing a personal difference, and he wished he could be the mediator to put an end to it. That he thought it important to preserve the check of my opinions in the administration, in order to keep things in their proper channel, and prevent them from going too far. That as to the idea of transforming this government into a monarchy, he did not believe there were ten men in the United States whose opinions were worth attention, who entertained such a thought. I told him there were many more than he imagined. I recalled to his memory a dispute at his own table, a lit tle before we left Philadelphia, between General Schuy- ler on one side and Pinckney and myself on the other wherein the former maintained the position, that here ditary descent was as likely to produce good magistrates as election. I told him, that though the people were sound, there were a numerous sect who had monarchy in contemplation ; that the Secretary of the Treasury was one of these. That I had heard him say that this con stitution was a shilly shally thing, of mere milk and 1792 ANAS of THOMAS JEFFERSON. 91 water, which could not last, and was only good as a step to something better. That when we reflected, that he had endeavored in the convention, to make an English constitution of it, and when failing in that, we saw all his measures tending to bring it to the same thing, it was natural for us to be jealous ; and particularly, when we saw that these measures had established corruption in the legislature, where there was a squadron devoted to the nod of the Treasury, doing whatever he had di rected, and ready to do what he should direct. That if the equilibrium of the three great bodies, legislative, executive and judiciary, could be preserved, if the legis lature could be kept independent, I should never fear the result of such a government; but that I could not but be uneasy, when I saw that the executive had swallowed up the legislative branch. He said, that as to that interested spirit in the legislature, it was what could not be avoided in any government, unless we were to exclude particular descriptions of men, such as the holders of the funds, from all office. I told him there was great difference between the little accidental scheme of self-interest, which would take place in every body of men, and influence their votes, and a regular system for forming a corps of interested persons, who should be steadily at the orders of the Treasury. He touched on the merits of the funding system, observed there was a difference of opinion about it, some thinking it very bad, others very good; that experience was the only criterion of right which he knew, and this alone would decide which opinion was right. That for himself, he had seen our affairs desperate and our credit lost, and that this was in a sudden and extraordinary degree raised to the highest pitch. I told him, all that was ever necessary to establish our credit, was an efficient 92 ANAS of THOMAS JEFFERSON. 1792 government and an honest one, declaring it would sacredly pay our debts, laying taxes for this purpose, and applying them to it. I avoided going further into the subject. He finished by another exhortation to me not to decide too positively on retirement, and here we were called to breakfast. October 31st, 1792. I had sent to the President, Viar and Jaudenes s letter of the 29th instant, whereupon he desired a consultation of Hamilton, Knox, E. Ran dolph, and myself, on these points: 1. What notice was to be taken hereof to Spain? 2. Whether it should make part of the communication to the legislature? I delivered my opinion, that it ought to be communicated to both Houses, because the communications intended to be made, being to bring on the question, whether they would declare war against any, and which of the nations or parts of the nations of Indians to the south, it would be proper this information should be before them, that they might know how far such a declaration would lead them. There might be some who would be for war against the Indians, if it were to stop there, but who would not be for it, if it were to lead to a war against Spain. I thought it should be laid before both Houses, because it concerned the question of declaring war, which was the function equally of both Houses. I thought a simple acknowledgement of the receipt of the letter should be made by me to the Spanish Charges, ex pressing that it contained some things very unexpected to us, but that we should refer the whole, as they had proposed, to the negotiators at Madrid. This would secure to us a continuation of the suspension of^Indian hostilities, which the Governor of New Orleans saidjie had brought about till the result of the negotiation at 1792 ANAS of THOMAS JEFFERSON 93 Madrid should be known; would not commit us as to running or not running the line, or imply any admission of doubt about our territorial right; and would avoid a rupture with Spain, which was much to be desired, while we had similar points to discuss with Great Britain. Hamilton declared himself the advocate for peace. War would derange our affairs greatly; throw us back many years in the march towards prosperity ; be difficult for us to pursue, our countrymen not being disposed to become soldiers ; a part of the Union feeling no inter est in the war, would with difficulty be brought to exert itself; and we had no navy. He was for everything which would procrastinate the event. A year, even, was a great gain to a nation strengthening as we were. It laid open to us, too, the chapter of accidents, which, in the present state of Europe, was a pretty pregnant one. That while, however, he was for delaying the event of war, he had no doubt it was to take place between us for the object in question; that jealousy and perseverance were remarkable features in the char acter of the Spanish government, with respect to their American possessions ; that so far from receding as to their claims against us, they had been strength ening themselves in them. He had no doubt the present communication was by authority from the court. Under this impression, he thought we should be looking forward to the day of rupture, and preparing for it. That if we were unequal to the contest our selves, it behoved us to provide allies for our aid. That in this view, but two nations could be named, France and England. France was too intimately connected with Spain in other points, and of too great mutual value, ever to separate for us. Her affairs, too, were such, that whatever issue they had, she could not be in 94 ANAS of THOMAS JEFFERSON. 1792 a situation to make a respectable mediation for us England alone, then, remained. It would not be easy to effect it with her; however, he was for trying it, and for sounding them on the proposition of a defensive treaty of alliance. The inducements to such a treaty on their part, might be, 1. The desire of breaking up our former connections, which we knew they had long wished. 2. A continuance of the statu quo in com merce for ten years, which lie believed would be de sirable to them. 3. An admission to some navigable part of the Mississippi, by some line drawn from the Lake of the Woods to such navigable part. He had not, he said, examined the map to see how such a line might be run, so as not to make too great a sacrifice. The naviga tion of the Mississippi being a joint possession, we might then take measures in concert for the joint security of it. He was, therefore, for immediately sounding them on this subject through our minister at London; yet so as to keep ourselves unengaged as long as possible, in hopes a favorable issue with Spain might be other wise effected. But he was for sounding immediately, and for not slipping an opportunity of securing our object. &$ * E. Randolph concurred, in general, with me. He objected that such an alliance could not be effected without pecuniary consideration probably, which we could not give. And what was to be their aid ? If men, our citizens would see their armies get foothold in the United States with great jealousy; it would be difficult to protect them. Even the French, during the distress of the late war, excited some jealous sentiments. Hamilton said, money was often, but not always demanded, and the aid he should propose to stipulate would be in ships. Knox non dissentiente. 1792 ANAS of THOMAS JEFFERSON. 95 The President said the remedy would be worse than the disease, and stated some of the disagreeable circum stances which would attend our making such overtures. Knox s indirect hints in favor of this alliance brought to my recollection his conversation of yesterday, and that he wished it. November, 1792. Hamilton called on me to speak about our furnishing supplies to the French colony of St. Domingo. He expressed his opinion, that we ought to be cautious, and not go too far in our application of money to their use, lest it should not be recognized by the mother country. He did not even think that some kinds of government they might establish could give a sufficient sanction.* I observed that the National Con vention was now met, and would certainly establish a form of government ; that as we had recognized the form er government because established by authority of the nation, so we must recognize any other which should be established by the authority of the nation. He said we had recognized the former, because it contained an import ant member of the ancient, to wit, the King, and wore the appearance of his consent ; but if, in any future form, they should omit the King, he did not know that we could with safety recognize it, or pay money to it s order. * There had been a previous consultation at the President s [about the first week in November] on the expediency of suspending payments to France, tinder her present situation. I had admitted that the late constitution was dissolved by the dethronement of the King, and the management of affairs surviving to the National Assembly only, this was not an integral Legisla ture, and therefore not competent to give a legitimate discharge for our pay ments : that I thought, consequently, that none should be made till some legitimate body came into place, an! that I should consider the National Convention called, but not met as we had yet heard, to be a legitimate body. Hamilton doubted whether it would be a legitimate body, and whether, if the King should be re-established, he might not disallow sm h payments on good grounds. Knox, for once dared to differ from Hamilton, and to express, very submissively, an opinion, that a convention named by the whole body of the nation, would be competent to do anything. It ended by agreeing, that I should write to Gouverneur Morris to suspend payment generally, till further orders. X. J. 6 ANAS of THOMAS JEFFERSON. 1792 Nov. 11, 1792. Blodget s Calculation of the circulating medium of Philadelphia the Bank of U. S. their whole stock , . 10 millions. y<i of this payable in gold and. silver 2J/m. of which % n ly are paid Say 1^, double this amount issued in paper 3. only one-third of it here 1 . the Bank of N. A. has issued . . . . 2. Amount of circulating paper of both banks . . 3 millions. Add the specie in circulation. This amounts to 60 dollars each (of paper) for every inhabitant. And the Bank of the U. S. draws 10 per cent per annum profit from that. The circulating cash of Great Britain is about 20 million pounds Sterling. The circulating paper (about) 30 501225,000,000. which is about 28 dollars a head on the population of Great Britain. November 19//&. 1792. Beckley brings me the pamph let written by Hamilton, before the war, in answer to Common Sense. It is entitled "Plain Truth." Mel- ancthon Smith sends it to Beckley, and in his letter says, it was not printed in New York by Loudon, because prevented by a mob, and was printed in Philadelphia, and that he has these facts from Loudon. November list, 1792. Mr. Butler tells me that he dined last winter with Mr. Campbell from Denmark, in company with Hamilton, Lawrence, Dr. Shippen, T. 1793 ANAS of THOMAS JEFFERSON. 97 Shippen, and one other person whom he cannot recollect. That after dinner political principles became the sub ject of conversation; that Hamilton declared openly, that " there was no stability, no security in any kind of government but a monarchy." That Lawrence took him up, and entered the lists of argument against him; that the dispute continued long, and grew warm, re markably so as between them; that T. Shippen, at length, joined Lawrence in it; and in fine, that it broke up the company. Butler recommended to the company that the dispute having probably gone farther than was intended, it ought to be considered as confined to the company. December Wth, 1792. Present: Alexander Hamilton, General Knox, Edmund Randolph, and Th. Jefferson, at the President s. It was agreed to reject meeting the Indians at the proposed treaty, rather than to admit a mediation by Great Britain; but to admit the presence of Governor Simcoe, not as a party (if that was insisted on) ; and that I should make a verbal communication to Mr. Hammond, in substance, as on the back hereof, which I previously read to the President. December 12th. I made the communication to Mr. Hammond. He said the attendance of Governor Sim coe was a circumstance only mentioned by him, but not desired ; that he would decline it without difficulty ; declared it to be their most ardent wish that peace should take place, for their fur-trade was entirely inter rupted; and he urged as decisive proof of the sincerity of their wish, 1st. That they had kept the latejlndian council together six weeks at a very great expense, 98 ANAS of THOMAS JEFFERSON. 1792 waiting for the Six Nations. 2d. That the Indians at that council were so perfectly satisfied of their desire that they should make peace, that they had not so much as mentioned in council the applying to the British for any supplies. I immediately communicated this to the President. Heads of conversation with Mr. Hammond, Dec. 12. That I communicated to the President his informa tion of the consent of the Western Indians to hold con ferences of peace with us, in the presence of Governor Simcoe: took care to apprize him of the informality of the conversation; that it was accidental; private; the present to be considered equally so : unnecessary to note to him that nothing like a mediation was sug gested. 1st. Because so informal a conversation could not include so formal a thing as a mediation. 2d. Because, an established principle of public law among the white nations of America, that while the Indians included within their limits retain all other national rights, no other white nations can become their patrons, protectors, or mediators, nor in any shape inter meddle between them and those within whose limits they are. That Great Britain would not propose an example which would authorize us to cross our boundary, and take under our protection the Indians within her limits. 3d. Because, should the treaty prove ineffectual, it would singularly commit the friendship of the two na tions. That the idea of Governor Simcoe s attendance was presented only as a thing desired by the Indians : that the consequences of this had been considered. It is not necessary in order to effect a peace. Our views so just, so moderate, that we have no fear of effecting 1792 ANAS of THOMAS JEFFERSON. 99 peace if left to ourselves. If it cannot be effected, it is much better that nobody on the part of England should have been present ; for however our government is per suaded of the sincerity of your assurances that you have not excited the Indians, yet our citizens in general are not so. It will be impossible to persuade them the negotiations were not defeated by British agents: that, therefore, we do not pretend to make the exclusion of Governor Simcoe a sine qua non, provided he be there as a spectator, not as a party, yet we should consider his declining to attend, either by himself or any other per son, as an instance of their friendship, and as an evidence of it particularly calculated to make due impression on the minds of our citizens. That the place fixed on by the Indians is extremely inconvenient to us, because of the distance and difficulty of transporting provisions there. Three hundred thousand rations will probably be requisite, if three thousand Indians attend. That if we had time we would have proposed some other place, for example, the Maumee .towns ; but there not being time, we shall do our best to make provision. 1st. We shall collect and carry as much as possible through the Miami channel. 2d. We shall hope for their per mission to have purchases made in Upper Canada, and brought along the lake. December \3th, 1792. The President called on me to see the model and drawings of some mills for sawing stone. After showing them, he in course of a subsequent conversation asked me if there were not some good manufactories of porcelain in Germany; that he was in want of table china, and had been speaking to Mr. Shaw, who was going to the Bast Indies to bring him a set, but he found that it would not come till he should no longer 100 ANAS of THOMAS JEFFERSON. 1793 be in a situation to want it. He took occasion a second time to observe that Shaw said it would be two years at least, before he could have the china here, before which time he said he should be where he should not need it. I think he asked the question about the manufactories in Germany merely to have an indirect opportunity of telling me he meant to retire, and within the limits of two years. December 17th. Hammond says the person is here to whom the Six Nations delivered the invitation for Simcoe to attend, who says they insisted on it, and would consider his non-attendance as an evidence that he does not wish for peace ; but he says that Simcoe has not the least idea of attending; that this gentleman says we may procure in Upper Canada any quantity of pro visions, which the people will salt up express during winter; and that he will return and carry our request whenever we are ready. December 17 th. The affair of Reynolds and his wife. Clingham Muhlenb s clerk testifies F. A. Muhlenb, Monroe Venable also Wolcott at Wadsworth known to James Monroe, B. Randolph, Beckley and We.br (?). Thursday, December 27th, 1792. I waited on the President on some current business. After this was over, he observed to me, that he thought it was time to endeavor to effect a stricter connection with France, and that Gouverneur Morris should be written to on this subject. He went into the circumstances of dissatis faction between Spain and Great Britain, and us, and observed, there was no nation on whom we could rely, 1793 ANAS of THOMAS JEFFERSON. 101 at all times, but France; and that, if we did not prepare in time some support, in the event of rupture with Spain and England, we might be charged with a criminal negligence. (I was much pleased with the tone of these observations. It was the very doctrine which had been my polar star, and I did not need the successes of the republican arms in France, lately announced to us, to bring me to these sentiments. For it is to be noted, that on Saturday last (the 22d) 1 received Mr. Short s letters of October the 9th and 12th, with the Leyden gazettes to October the 13th, giving us the first news of the re treat of the Duke of Brunswick, and the capture of vSpires and Worms by Custine, and that of Nice by Anselme.) I therefore expressed to the President my cordial approbation of these ideas; told him I had meant on that day (as an opportunity of writing by the British packet would occur immediately) to take his orders for removing the suspension of payments to France, which had been imposed by my last letter to Gouvemeur Mor ris, but was meant, as 1 supposed, only for the interval between the abolition of the late constitution by the de thronement of the King, and the meeting of some other body, invested by the will of the nation with powers to transact their affairs; that I considered the National Convention, then assembled, as such a body; and that, therefore, we ought to go on with the payments to them, or to any government they should establish; that, how ever, I had learned last night, that some clause in the bill for providing reimbursement of the loan made by the bank to the United States, had given rise to a ques tion before the House of Representatives yesterday, which might affect these payments; a clause in that bill proposing that the money formerly borrowed in Am sterdam, to pay the French debt, and appropriated by 102 ANAS of THOMAS JEFFERSON. 1792 law (1790, August 4th, c. 34, s. 2) to that purpose, lying dead as was suggested, should be taken to pay the bank, and the President be authorized to borrow two millions of dollars more, out of which it should be replaced ; and if this should be done, the removal of our suspension of payment, as I had been about to propose, would be pre mature. He expressed his disapprobation of the clause above mentioned; thought it highly improper in the Legislature to change an appropriation once made, and added, that no one could tell in what that would end. I concurred, but observed, that on a division of the House, the ayes for striking out the clause were twenty- seven, the noes twenty-six; whereon the Speaker gave his vote against striking out, which divides the House: the clause for the disappropriation remained of course. I mentioned suspicions, that the whole of this was a trick to serve the bank under a great existing em barrassment ; that the debt to the bank was to be repaid by installments ; that the first installment was of two hundred thousand dollars only, or rather one hundred and sixty thousand dollars, (because forty thousand of the two hundred thousand dollars would be the United States own dividend of the installment.) Yet here were two millions to be paid them at once, and to be taken from a purpose of gratitude and honor, to which it had been appropriated. December 3()th, 1792. I took the occasion furnished by Pinckney s letter of September the 19th, asking in structions how to conduct himself (as to the French revolution,) to lay down the catholic principle of re publicanism, to wit, that every people may establish what form of government they please, and change it as they please; the will of the nation being the only thing essential. I was induced to do this, in order to extract 1793 ANAS of THOMAS JEFFERSON. 103 the President s opinion on the question which divided Hamilton and myself in the conversation of November 1792, and the previous one of the first week of Novem ber, on the suspension of payments to France; and if favorable to mine, to place the principles of record in the letter books of my office. I therefore wrote the letter of December the 30th, to Pinckney, and sent it to the President, and he returned me his approbation in writing, in his note of the same date. Which see. February 7th, 1793. I waited on the President with letters and papers from Lisbon. After going through these, I told him that I had for some time suspended speaking with him on the subject of my going out of office, because I had understood that the bill for inter course with foreign nations was likely to be rejected by the vSenate, in which case, the remaining business of the department would be too inconsiderable to make it worth while to keep it up. But that the bill being now passed, I was freed from the considerations of pro priety which had embarrassed me. That &c, (nearly in the words of a letter to Mr. T. M. Randolph, of a few days ago.) and that I should be willing, if he had taken no arrangements to the contrary, to continue somewhat longer, how long I could not say, perhaps till summer, perhaps autumn. He said, so far from taking arrangements on the subject, he had never mentioned to any mortal the design of retiring which I had ex pressed to him, till yesterday, when having heard that I had given up my house, and that it was rented by another, he thereupon mentioned it to Mr. E. Randolph, and asked him, as he knew my retirement had been talked of, whether he had heard any persons suggested 104 ANAS of THOMAS JEFFERSON. 1793 in conversation to succeed me. He expressed his satis faction at my change of purpose, and his apprehensions that my retirement would be a new source of uneasiness to the public. He said Governor Lee had that day in formed him of the general discontent prevailing in Vir ginia, of which he never had had any conception, much less sound information. That it appeared to him very alarming. He proceeded to express his earnest wish that Hamilton and myself could coalesce in the measures of the government, and urged here the general reasons for it which he had done to me in two former conversa- v f\ /tjons^He said he had proposed the same thing to Hamilton, who expressed his readiness, and he thought our coalition would secure the general acquiescence of the public. I told him my concurrence was of much less importance than he seemed to imagine; that I kept myself aloof from all cabal and correspondence on the subject of the government, and saw and spoke with as few as I could. That as to a coalition with Mr. Hamilton if by that was meant that either was to sacrifice his general system to the other, it was impossible. We had both, no doubt, formed our conclusions after the most mature consideration; and principles conscient iously adopted, could not be given up on either side. My wish was to see both Houses of Congress cleansed of all persons interested in the bank or public stocks; and that a pure legislature being given us, I should al ways be ready to acquiesce under their determinations, even if contrary to my own opinions; for that I sub scribe to the principle, that the will of the majority, honestly expressed, should give law. I confirmed him in the fact of the great discontents to the south; that they were grounded on seeing that their judgments and interests were sacrificed to those of the eastern States 1793 ANAS of THOMAS JEFFERSON. 105 on every occasion, and their belief that it was the effect of a corrupt squadron of voters in Congress, at the com mand of the Treasury ; and they see that if the votes of those members who had any interest distinct from, and contrary to the general interest of their constituents, had been withdrawn, as in decency and honesty they should have been, the laws would have been the reverse of what they are on all the great questions. I instanced the new Assumption carried in the House of Representa tives by the Speaker s vote. On this subject he made no reply. He explained his remaining in office to have been the effect of strong solicitations after he returned here, declaring that he had never mentioned his purpose of going out but to the Heads of departments and Mr. Madison; he expressed the extreme wretchedness of his existence while in office, and went lengthily into the late attacks on him for levees, &c., and explained to me how he had been led into them by the persons he consulted at New York; and that if he could but know what the sense of the public was, he would most cheerfully con form to it. February IQth, 1793. B. Randolph tells J. Madison and myself, a curious fact which he had from Lear. When the President went to New York, he resisted for three weeks the efforts to introduce levees. At length he yielded, and left it to Humphreys and some others to settle the forms. Accordingly, an ante-chamber and presence room were provided, and when those who were to pay their court were assembled, the President set out, preceded by Humphreys. After passing through the ante-chamber, the door of the inner room was thrown open, and Humphreys entered first, calling out with a loud voice, - the President of the United States." The 106 ANAS of THOMAS JEFFERSON. 1793 President was so much disconcerted with it, that he did not recover from it the whole time of the levee, and when the company was gone, he said to Humphreys, "Well, you have taken me in once, but by God you shall never take me in a second time." There is reason to believe that the rejection of the late additional Assumption by the Senate, was effected by the President through Lear, operating on Langdon. Beckley knows this. February 20th, 1793. Colonel W. S. Smith called on me to communicate intelligence from France. He had left Paris November the 9th. He says the French ministers are entirely broken with Gouverneur Morris ; shut their doors to him, and will never receive another communication from him. They wished Smith to be the bearer of a message from the President, to this effect, but he declined; and they said in that case they would press it through their own minister here. He says they are sending Genet here with full powers to give us all the privileges we can desire in their countries, and par ticularly in the West Indies; that they even contem plate to set them free the next summer; that they pro pose to emancipate South America, and will send forty- five ships of the line there next spring, and Miranda at the head of the expedition; that they desire our debt to be paid them in provisions, and have authorized him to negotiate this. In confirmation of this, he delivers a letter to the President from Le Brun, minister for for eign affairs, in which Le Brun, says that Colonel Smith will communicate plans worthy of his (the President s) great mind, and he shall be happy to receive his opinion as to the means the most suitable to effect it. I had, five or six days ago, received from Ternant, 1793 ANAS of THOMAS JEFFERSON. 107 extracts from the letters of his ministers, complaining of both Gouverneur Morris and Mr. Short. I sent them this day to the President with an extract from a private let ter of Mr. vShort, justifying himself, and I called this evening on the President. He said he considered the extracts from Ternant very serious in short, as de cisive; that he saw that Gouverneur Morris could be no longer continued there consistent with the public good; that the moment was critical in our favor, and ought not to be lost : that he was extremely at a loss what ar rangement to make. I asked him whether Gouverneur Morris and Pinckney might not change places. He said that would be a sort of remedy, but not a radical one. That if the French ministry conceived Gouverneur Morris to be hostile to them; if they had been jealous merely on his proposing to visit London, they would never be satisfied with us placing him at London per manently. He then observed, that though I had un fixed the day on which I had intended to resign, yet I appeared fixed in doing it at no great distance of time ; that in this case, he could not but wish that I would go to Paris; that the moment was important: I possessed the confidence of both sides, and might do great good; that he wished I could do it, were it only to stay there a year or two. I told him that my mind was so bent on retirement that I could not think of launching forth again in a new business, that I could never again cross the Atlantic; and that as to the opportunity of doing good, this was likely to be the scene of action, as Genet was bringing power to do the business here; but that I could not think of going abroad. He replied that I had pressed him to continue in the public service, and refused to do the same myself. I said the case was very different; he united the confidence of all America, and 108 ANAS of THOMAS JEFFERSON. 1793 was the only person who did so : his services therefore were of the last importance; but for myself, my going out would not be noted or known. A thousand others could supply my place to equal advantage, therefore I felt myself free, and that as to the mission to France, I thought Pinckney perfectly proper. He desired me then to consider maturely what arrangement should be made. Smith, in speaking of Morris, said, that at his own table, in presence of his company and servants, he cursed the French ministers, as a set of damned rascals; said the king would still be replaced upon his throne. He said he knew they had written to have him recalled, and expected to be recalled. He consulted Smith to know whether he would bring his furniture here duty free. Smith has mentioned the situation of Gouverneur Morris freely to others here. Smith said also that the ministers told him they meant to begin their attack at the mouth of the Mississippi, and to sweep along the Bay of Mexico southwardly, and that they would have no objection to our incorporating into our government the two Floridas. February 2fith, 1793. Notes on the proceedings of yesterday. (See the formal opinions given to the Presi dent in writing, and signed.) First question. We are all of opinion that the treaty should proceed merely to gratify the public opinion, and not from an expectation of success. I expressed my self strongly, that the event was so unpromising, that I thought the preparations for a campaign should go on \\ithout the least relaxation, and that a day should be fixed with the commissioners for the treaty, beyond which they should not permit the treaty to be protracted, 1793 ANAS of THOMAS JEFFERSON. 109 by which day orders should be given for our forces to enter into action. The President took up the thing instantly, after I had said this, and declared that he was so much in the opinion that the treaty would end in noth ing that he then, in the presence of us all, gave orders to General Knox, not to slacken the preparations for the campaign in the least, but to exert every nerve in pre paring for it. Knox said something about the ultimate dav for continuing the negotiations. I acknowledged myself not a judge on what day the campaign should be gin, but that whatever it was, that day should terminate the treaty. Knox said he thought a winter campaign was always the most efficacious against the Indians. I was of opinion, since Great Britain insisted on furnishing provisions, that we should offer to repay. Hamilton thought we should not. Second question. I considered our right of pre emption of the Indian lands, not as amounting to any dominion, or jurisdiction, or paramountship whatever, but merely in the nature of a remainder after the ex tinguishment of a present right, which gave us no pres ent right whatever, but of preventing other nations from taking possession, and so defeating our expectancy; that the Indians had the full, undivided and independent sov ereignty as long as they chose to keep it, and that this ^ might be forever; that as fast as we extend our rights by purchase from them, so fast we extend the limits of our society, and as soon as a new portion became en circled within our line, it became a fixed limit of our so ciety; that the executive, with either or both branches of the legislature, could not alien any part of our terri tory; that by the law of nations it was settled, that the unity and indivisibility of the society was so funda mental, that it could not be dismembered bv the con- 110 ANAS of THOMAS JEFFERSON. 1793 stituted authorities, except, 1, where all power was dele gated to them (as in the case of despotic governments), or 2, where it was expressly delegated; that neither of these delegations had been made to our General Gov ernment, and therefore, that it had no right to dis member or alienate any portion of territory once ulti mately consolidated with us ; and that we could no more cede to the Indians than to the English or Spaniards, as it might, according to acknowledged principles, remain as irrevocably and eternally with the one as the other. But I thought that as we had a right to sell and settle lands once comprehended within cur Unes, so we might for bear to exercise that right, retaining the property till circumstances should be more favorable to the settle ment, and this I agreed to do in the present instance, if necessary for peace. Hamilton agreed to the doctrine of the law of na tions, as laid down in Europe, but that it was founded on the universality of settlement there; consequently, that no lopping off of territory could be made without a lopping off of citizens, which required their consent; but that the law of nations for us must be adapted to the circumstance of our unsettled country, which he conceived the President and Senate may cede ; tfyat the. power of treaty was given to them by the Constitution, without restraining it to particular objects ; consequent ly, that it was given in as plenipotentiary a form as held by any sovereign in any other society. Randolph was of opinion there was a difference between a cession to Indians and to any others, because it only restored the ceded part to the condition in which it was before we bought it, and consequently, that we might buy it again hereafter; therefore, he thought the executive and Senate could cede it. Knox joined in the main opinion. 1793 ANAS of THOMAS JEFFERSON. Ill The President discovered no opinion, but he made some efforts to get us to join in some terms which could unite us all, and he seemed to direct those efforts more towards me; but the thing could not be done. Third question. We agreed in idea as to the line to be drawn, to wit, so as to retain all lands appropriated, or granted, or reserved. Fourth question. We all thought if the Senate should be consulted, and consequently apprized of our line, it would become known to Hammond, and we should lose all chance of saving anything more at the treaty than our ultimatum. Question. Whether we should furnish the three millions of livres desired by France to procure provisions ? I was of opinion we ought to do it, the one part as an arrearage (about 318,000) the residue as an advance towards our payments to be made in Paris in September and November next. B. Randolph was for furnishing the whole sum asked but under such blind terms, that if the present French government should be destroyed, and the former one reestablished, it might not be imputed to us as a proof of our taking part with the present, but might be excused under a pretext that we thought we might owe it. Knox of the same opinion. Hamilton saw the combining of powers against France so strong as to render the issue very doubtful. He therefore was against going beyond the 318,000 dollars understood to be in arrears. The President, at this meeting, mentioned the declara tion of some person, in a paper of Fenno, that he would commence an attack on the character of Dr. Franklin. He said the theme was to him excessively disagreeable on other considerations, but most particularly so, as the 112 AATAS of THOMAS JEFFERSON. 1792 party seemed to do it as a means of defending him (the President) against the late attacks on him; that such a mode of defence would be peculiarly painful to him, and he wished it could be stopped. Hamilton and Randolph undertook to speak to Fenno to suppress it, without mentioning it as the President s wish. Both observed that they had heard this declaration men tioned in many companies, and that it had excited universal horror and detestation. The paper in Fenno must lie between two persons, viz., Adams and Izard, because they are the only per sons who should know such facts as are there promised to be unfolded. Adams is an enemy to both characters, and might choose this ground as an effectual position to injure both. Izard hated Franklin with unparalleled bitterness, but humbly adores the President, because he is in loco regis. If the paper proceeds, we shall easily dis cover which of these two gentlemen is the champion. In the meantime, the first paper leads our suspicions more towards Izard than Adams, from the circumstance of style, and because he is quite booby enough not to see the injury he would do to the President by such a mode of defence. February 28th. Knox, B. Randolph and myself met at Knox s, where Hamilton was also to have met, to consider the time, manner and place of the President s swearing in. Hamilton had been there before, and had left his opinion with Knox, to wit, that the President should ask a judge to attend him in his own house to administer the oath, in the presence of the Heads of departments, which oath should be deposited in the Secretary of State s office. I concurred in this opinion. Randolph was for the President s going to the Senate THOMAS JEFFERSON, BY GILBERT STUART. 1793 ANAS of THOMAS JEFFERSON. 113 chamber to take the oath, attended by the marshal of the United States, who should then make proclama tion, &c. Knox was for this, and for adding the House of Representatives to the presence, as they would not yet be departed. Our individual opinions were written, to be communicated to the President, out of which he might form one. In the coarse of our conversation, Knox, stickling for parade, got into great warmth, and swore that our government must either be entirely new modeled, or it would be knocked to pieces in less than ten years ; and that as it is at present, he would not give a copper for it ; that it is the President s character, and not the written constitution, which keeps it together. Same Day. Conversation with Lear. He expressed the strongest confidence that republicanism was the universal creed of America, except of a very few; that a republican administration must of necessity immedi ately overbear the contrary faction; said that he had seen with extreme regret that a number of gentlemen had for a long time been endeavoring to instil into the President, that the noise against the administration of the government was that of a little faction, which would soon be silent, and which was detested by the people, who were contented and prosperous; that this very party, however, began to see their error, and that the sense of America was bursting forth to their conviction. March 2d, 1793. See in the papers of this date, Mr. Giles s resolutions. He and one or two others were sanguine enough to believe that the palpableness of these resolutions rendered it impossible the House could reject them. Those who knew the composition of the House, 1, of bank directors; 2, holders of bank stock; 3, 114 ANAS of THOMAS JEFFERSON. 1793 stock jobbers; 4, blind devotees; 5, ignorant persons who did not comprehend them; 6, lazy and good-humored persons, who comprehended and acknowledged them, yet were too lazy to examine, or unwilling to pronounce censure ; the persons who knew these characters, foresaw that the three first descriptions making one-third of the House, the three latter would make one-half of the residue; and, of course, that they would be rejected by a majority of two to one. But they thought that even this rejection would do good, by showing the public the desperate and abandoned dispositions with which their affairs were conducted. These, resolutions were proposed, and nothing spared to present them in the fullness of demonstration. There were not more than three or four who voted otherwise than had been ex pected. It is known that Murray of Maryland deals in paper. Mar. 23, 1793. The following list of paper-men is communicated to me by Mr. Beckley.* Oilman* Stockholder in U. S. Bank. Gerry.* t Stockholder. Sedgewick. Ames.* Stockholder. Goodhue.* Stockholder. Bourne of Rhode Island, suspected only. Trumbul.* Stockholder. Wadsworth.* Stockholder. Hillhouse.* Stockholder. Learned. Stockholder. Laurence. Stockholder and Director. Gordon. Boudinot.t Stockholder. Dayton.* Stockholder. 1793 A/VAS of TOHMAS JEFFERSON. 115 Fitsimmons.* Stockholder and director. Heister . * Stockholder. Sterret. Murray. Stockholder. Williamson.* 1 Stockholder. Smith. Stockholder and Director for himself and his proxies, his vote is near one-fifth of the whole. Cabot.* Stockholder and Director. Sherman.* Stockholder. Elsvvorth. Stockholder, question. King.* Stockholder and Director. Dickinson. Stockholders H. Repr. Senate; Morris.* Stockholder Other paper 16 5 Johnson.* 3 2 Izard.* Stockholder. 19 7 Suspected 2 4 March 30//*, 1793. At our meeting at the President s, February 25th, in discussing the question, whether we should furnish to France the three millions of livres de sired, Hamilton, in speaking on the subject, used this expression, "When Mr. Genet arrives, whether we shall receive him or not, will then be a question for dis cussion," which expression I did not recollect till B. Randolph reminded rne of it a few days after. There fore, on the 20th, instant, as the President was shortly to set out for Mount Vernon, I observed to him, that, as Genet might arrive in his absence, I wished to know beforehand how I should treat him, whether as a person J Mar. 25. BecTcley says he has this day discovered that Benson is a stock holder. \lso Borne of Rhode Island and Key. T. J. * These are known to Beckley. T. J. t These avowed it in the presence of T. J. T. J. 116 ANAS of THOMAS JEFFERSON. 1793 who would or would not be received? He said he could sec no ground of doubt but that he ought to be received. On the 24th he asked E. Randolph s opinion on the subject, saying he had consulted Colonel Hamilton thereon, who went into lengthy considerations of doubt and difficulty, and viewing it as a very unfortnuate thing that the President should have the decision of so critical a point forced on him; but, in conclusion, said, since he was brought into that situation, he did not see but that he must receive Mr. Genet. Randolph told the President he was clear he should be received, and the President said he had never had any doubt on the sub ject in his mind. Afterwards, on the same day, he spoke to me again on it, and said Mr. Genet should unques tionably be received ; but he thought not with too much warmth or cordiality, so only as to be satisfactory to him. I wondered at first at this restriction; but when Randolph afterwards communicated to me his con versation of the 24th, I became satisfied it was a small sacrifice to the opinion of Hamilton. March 31st. Mr. Beckley tells me, that the merchants bonds for duties on six months credit became due the 1st instant to a very great amount, that Hamilton went to the bank on that day, and directed the bank to dis count for those merchants all their bonds at thirty days, and that he would have the collectors credited for the money at the treasury. Hence, the treasury lumping its receipts by the month in it s printed accounts, these sums will be considered by the public as only received on the last day; consequently, the bank makes the month s interest out of it. Beckley had this from a merchant who had a bond discounted, and supposes a 1793 ANAS of THOMAS JEFFERSON. 117 million of dollars were discounted at the bank here. Mr. Brown got the same information from another mer chant, who supposed only six hundred thousand dollars discounted here. But they suppose the same orders went to all the branch bank? to a great amount. ^ Eodem die. Mr. Brown tells me he has it from a mer chant, that during the last winter the directors of the bank ordered the freest discounts. Every man could obtain it. Money being so flush, the six per cents run up to twenty-one and twenty-two shillings. Then ihe directors sold out their private stocks. When the dis counted notes were becoming due, they stopped dis counts, and not a dollar was to be had. This reduced six per cents to eighteen shillings and three pence; then the same directors bought it again. April 7th, 1793. Mr. Lear called on me, and intro duced of himself a conversation on the affairs of the United States. He laughed at the cry of prosperity, and the deriving it from the establishment of the treas ury; he said, that so far from giving into this opinion and that we were paying off our national debt, he was clear the debt v/as growing on us; that he had lately expressed this opinion to the President who appeared much astonished at it. I told him I had given the same hint to the President last summer, and lately again had suggested, that we were even depending for the daily subsistence of government on borrowed money. He said, that was certain, and was the only way of ac counting for what was become of the money drawn over from Holland to this country. He regretted that the President was not in the way of hearing full informa tion, declared he communicated to him everything he 118 ANAS of THOMAS JEFFERSON. 1793 could learn himself; that th^ men who vaunted the present government so much on some occasions were the very men who at other times declared it was a poor thing, and such a one as could not stand, and he was sensible they only esteemed it as a stepping stone to something else, and had availed themselves of the firbt moments of the enthusiasm in favor of it, to pervert its principles and make of it what they wanted; and that though they raised the cry of anti-federalism against those who censured the mode of administration, yet he was satisfied, whenever it should come to be tried, that the very men whom they called anti-federalists, were the men who would save the government, and he looked to the next Congress for such rectification. Eodem die. Mr. Beckley tells me that a gentleman, heartily a fiscalist, called o i him yesterday, told him he had been to New York and into the P.ison with Duer with wh.ni he had much conversation. That Pintard, Duer s agent has about 100,000 dollars worth of prop erty in his handb and bids de a ce: that this embar rasses Duer much, who declares that if certain persons do not relieve im shortly, he will unfold such a scene of villiany as will astonish the world. April 18th. Th3 President sends a set of questions to be considered, and call a meeting. 1 hough those sent me were in his own hand writing, yet it was pal pable from the style, their ingenious tissue and suite, that they were not the President s, that they were raised u .3: n a prepared chain of argument, i i short, that the language was Hamilton s, and the doubts his alone. They led to a declaration of the executive, that our treaty with France is void. E. Randolph, the next day, 1793 ANAS of THOMAS JEFFERSON. 119 told me that the day before the date of these questions Hamilton went with him through the whole chain of reasoning of which these questions are the skeleton, and that he recognized them the moment he saw them. We met. The first question, whether we should re ceive the French minister, Genet, was proposed, and we agreed unanimously that he should be received; Hamilton, at the same time, expressing his great regret that any incident had happened, which should oblige us to recognize the government. The next question was, whether he should be received absolutely, or with qualifications. Here Hamilton took up the whole sub ject, and went through it in the order in which the questions sketch it. See the chain of his reasoning in my opinions of April 28th. Knox subscribed at once to Hamilton s opinion that we ought to declare the treaty void, acknowledging, at the same time, like a fool as he -is, that he knew nothing about it. I was clear it re mained valid. Randolph declared himself of the same opinion, but on Hamilton s undertaking to present to him the authority in Vattel (which we had not present) and to prove to him, that if the authority was admitted the treaty might be declared void, Randolph agreed to to take further time to consider. It was adjourned. We determined, unanimously, the last question, that Con gress should not be called. There having been an in timation by Randolph, that in so great a question he should choose to give a written opinion, and this being approved by the President, I gave in mine April 28th. Hamilton gave in his. I believe Knox s was never thought worth offering or asking for. Randolph gave his May the Gth, concurring with mine. The President told me, the same day, he had never had a doubt about the validity of the treaty ; but that since a question had been 120 ANAS of THOMAS JEFFERSON. 1793 suggested, he thought it ought to be considered; that this being done, I might now issue passports to sea ves sels in the form prescribed by the French treaty. 1 had for a week past only issued the Dutch form; to have issued the French, would have been presupposing the treaty to be in existence. The President suggested, that he thought it would be as well that nothing should be said of such a question having been under considera tion. Written May 6th. May 6th, 1793. The President shows me a draught of a letter from Colonel Hamilton to the collectors of the customs, desiring them to superintend their neigh borhood, watch for all acts of our citizens contrary to laws of neutrality or tending to infringe those laws, and inform him of it ; and particularly to see if vessels should be building pierced for guns. I told the President that at a conference a few days before Colonel Hamilton and E. Randolph had concurred in opinion against me that for us to build and sell vessels fit for war would be a breach of neutrality, but that I understood them as agreeing that no opinion should go from the public on that question as not being now necessary; that as to the first part of the letter I did not of a sudden de cide it to be improper. He, on this, returned the letter to Hamilton with a desire that he, B. Randolph and myself would confer on it. May 7. We met as trustees of the Sinking Fund. For the opinion I delivered sec my note of May 8th to K. Randolph and for his see his answer of May 9th. On the business of the sinking fund, we had meant to have come to a resolution to ask of the President if there was 1793 ANAS of THOMAS JEFFERSON. 121 any money under the loans at our disposal the occa sion of laying it out being favorable. But Hamilton produced a letter just received from our bankers informing him of the impossibility of effecting the new loan which had been ordered (and of which I had not heard before) on this I declared it is my opinion that if the money on hand was not sufficient to pay our next installment to France and also to purchase public debt, (of which I could not be a judge, only knowing that our next installment would be of between 600,000 and 700,000 dollars and was approaching) I should be against failing in the payment which was a positive engagement, whereas the purchase of public debt was voluntary. So nothing was done. When the question was, whether the proclamation of April 22d should be issued, Randolph observed, that there should be a letter written by me to the ministers of the belligerent powers, to declare that it should not be taken as conclusive evidence against our citizens in foreign courts of admiralty, for contraband goods. Knox suddenly adopted the opinion before Hamilton de livered his. Hamilton opposed it. pretty strongly. 1 thought it an indifferent thing, but rather approved Randolph s opinion. The President was against it; but observed that as there were three for it, it should go. This was the first instance I had seen of an opportunity to decide by a mere majority, including his own vote. May 12th. Lear called on me today. Speaking of the lowness of stocks, (sixteen shillings,) I observed it was a pity we had not money to buy on public account. He said, yes, and that it was the more provoking, as two millions had been borrowed for that purpose, and drawn over here, and yet were not here. That he had no doubt 122 ANAS of THOMAS JEFFERSON. 1793 those would take notice of the circumstance whose duty it was to do so. 1 suppose he must mean the President. May 2Qth, 1793. Question. Shall the privateer fitted out at Charleston and her prizes be ordered out of the ports of the U. S. ? I. As Punishment. Explain circumstance which drove Genet into the southern passage induced him to land at Charleston. u French citizens soliciting commission to arm. Gov ernor winking at it. Words of XXII Article, shall not be lawful for enemies of France fit out privateers. Im plication yet shall be lawful for French. So understood universally, by every one here by ourselves at Charleston by Genet. Still true it is not expressly permitted may be forbidden. But till for bidden must be slight offence. The prohibition to be future not retrospective. II. Right. \ : What right to order away? XVII makes lawful to enter with prizes and stay. In whom is the right to these privateers and prizes? French citizens retain fidelity in foreign country, have right to return to defence of country by sea or land, may confer on that, associate, contribute money, may buy vessel with own money man her themselves on condi tion commence no hostilities within limits of U. S. As soon as out of limits, themselves and vessel free as any other. French citizens ante-residents, on same footing as new msitants. When take a vessel at sea, property transferred by laws of war. This point understood at former confer ence; for if not transferred, should be given up. If 1793 ANAS of THOMAS JEFFERSON. 123 right transferred, then XVI I th Article authorizes entry. No half-way act justifiable. Objection. It is punishment for the offence. Answer. No offence till forbidden. Looks only to future. III. Policy of this Touchiness. Minister newly arrived, j First from the republic, j Popularity of French nation and cause. Proposals he brings. No call of guarantee. Free trade to islands, ~ ~ , by treaty. To France, Shall such a mission to reed, with reprimand? And for whom. For England? For confederate princes? j ; Our reward the Cyclops boon to Ulysses last de voured. Od. i, 369. Are we playing ye part England played? Force France to a tack us? Yet we may take side with the confederating princes? The party wishing that is very small. Hamilton and Knox were of opinion for giving up the prize. But if that could not be, then to order away the privateer and prize ; and if that could not be, then order away the privateer. Th. Jefferson of opinion that neither could be given up or ordered away. E. Randolph for ordering away the privateer and nothing more. The President confirmed the last opinion and it seemed to be his own. May 23, 1793. I had sent to the President yesterday, 124 AVAS of THOMAS JEFFERSON. 1793 draughts of a letter from him to the Provisory Execu tive Council of France, and of one from myself to Mr. Ternant, both on the occasion of his recall. I called on him today. He said there was an expression in one of them, which he had never before seen in any of our public communications, to wit, "our republic." The letter prepared for him to the Council, began thus: "The Citizen Ternant has delivered to me the letter wherein you inform me, that yielding, &c., you had determined to recall him from his mission, as your Minister Plenipo tentiary to our republic." He had underscored the words our republic. He said that certainly ours was a republi can government, but yet we had not used that style in this way ; that if any body wanted to change its form into a monarchy, he was sure it was only a few individuals, and that no man in the United States would set his face against it more than himself ; but that this was not what he was afraid of; his fears were from another quarter; that there was more danger of anarchy being introduced. He adverted to a piece in Freneau s paper of yesterday; he said he despised all their attacks on him personally, but that there never had been an act of the government, not meaning in the executive line only, but in any line, which that paper had not abused. He had also marked the word republic thus "*", where it was applied to the French republic. (See the original paper.) He was evidently sore and warm, and I took his intention to be, that I should interpose in some way with Freneau, per haps withdraw his appointment of translating clerk to my office. But I will not do it. His paper has saved our constitution, which was galloping fast into mon archy, and has been checked by no one means so power fully as by that paper. It is well and universally known, that it has been that paper which has checked the career 1793 ANAS of THOMAS JEFFERSON. 125 of the monocrats ; and the President, not sensible of the designs of the party, has not with his usual good sense and sang froid, looked on the efforts and effects of this free press, and seen that, though some bad things have passed through it to the public, yet the good have pre ponderated immensely. June 7th, 1793. Mr. Beckley, who has returned from New York within a few days, tells me that while he was there, Sir John Temple, Consul General of the northern States for Great Britain, showed him a letter from Sir Gregory Page Turner, a member of Parliament for a borough in Yorkshire, who, he said, had been a member for twenty-five years, and always confidential for the ministers, in which he permitted him to read particular passages of the following purport: "that the govern ment was well apprized of the predominancy of the British interest in the United States ; that they considered Colo nel Hamilton, Mr. King, and Mr. W. Smith, of South Carolina, as the main supports of that interest ; that par ticularly, they considered Colonel Hamilton, and not Mr. Hammond, as their effective minister here; that if the anti-federal interest (that was his term), at the head of which they considered Mr. Jefferson to be, should pre vail, these gentlemen had secured an asylum to them selves in England." Beckley could not understand whether they had secured it themselves,* or whether they were only notified that it was secured to them. So that they understand that they may go on boldly in their machinations to change the government, and if they should be overset and choose to withdraw, they will be secure of a pension in England, as Arnold, Deane, &c., * In the margin is written by Mr Jefferson, "Impossible as to Hamilton; ^ TJCQC far aHrttr** fViof * he was far above that." 126 ANAS of THOMAS JEFFERSON. 1793 had. Sir John read passages of a letter (which he did not put into Beckley s hand, as he did the other) from Lord Greenville, saying nearly the same things. This letter mentions to Sir John, that though they had divided the Consul Generalship, and given the southern department to Bond, yet he, Sir John, was to retain his whole salary. (By this it would seem, as if, wanting to use Bond, they had covered his employment with this cloak.) Mr. Beckley says that Sir John Temple is a strong republi can. I had a proof of his intimacy with Sir John in this circumstance. Sir John received his new commission of Consul for the northern department, and instead of send ing it through Mr. Hammond, got Beckley to enclose it to me for his exequatur. I wrote to Sir John that it must come through Mr. Hammond, enclosing it back to him. He accordingly then sent it to Mr. Hammond. In conversation with the President today, and speak ing about General Greene, he said that he and General Greene had always differed in opinion about the manner of using militia. Greene always placed them in his front: himself was of opinion, they should always be used as a reserve to improve any advantage, for which purpose they were the finest fellows in the world. He said he was on the ground of the battle of Guilford.with a person who was in the action, and who explained the whole of it to him. That General Greene s front was behind a fence at the edge of a large field, through which the enemy were obliged to pass to get at them ; and that in their passage through this, they must have been torn all to pieces, if troops had been posted there who would have stood their ground; and that the retreat from that position was through a thicket, perfectly se cure. Instead of this, he posted the North Carolina militia there, who only gave one fire and fell back, so 1793 ANAS of THOM.4S JEFFERSON. 127 that the whole benefit of their position was lost. He thinks that the regulars, with their field pieces, would have hardly let a single man get through that field. Eodem die (June 7th). Beckley tells me that he has the following fact from Governor Clinton. That before the proposition for the present General Government, i. e. a little before Hamilton conceived a plan for establishing a monarchical government in the United States, he wrote a draught of a circular letter, which was to be sent to about persons, to bring it about. One of these let ters, in Hamilton s handwriting, is now in possession of an old militia General up the North River, who, at that time, was thought orthodox enough to be entrusted in the execution. This General has given notice to Gov ernor Clinton that he has this paper, and that he will de liver it into his hands, and no one s else. Clinton intends the first interval of leisure, to go for it, and he will bring it to Philadelphia. Beckley is a man of perfect truth as to what he affirms of his own knowledge, but too credu lous as to what he hears from others. June IQth, 1793. Mr. Brown gives me the following specimen of the phrenzy which prevailed at New York on the opening of the new government. The first public ball which took place after the President s arrival there, Colonel Humphreys, Colonel W. S. Smith, and Mrs. Knox were to arrange the ceremonials. These arrangements were as follows : a sofa at the head of the room, raised on several steps, whereon the President and Mrs. Washing ton were to be seated. The gentlemen were to dance in swords. Each one, when going to dance, was to lead his partner to the foot of the sofa, make a low obeisance to the President and his lady, then go and dance, and when 128 ANAS of THOMAS JEFFERSON. 1793 done, bring his partner again to the foot of the sofa for new obeisances, and then to retire to their chairs. It was to be understood, too, that gentlemen should be dressed in bags. Mrs. Knox contrived to come with the President, and to follow him and Mrs. Washington to their destination, and she had the design of forcing an invitation from the President to a seat on the sofa. She mounted up the steps after them unbidden, but unfortu nately the wicked sofa was so short, that when the Presi dent and Mrs. Washington were seated, there was not room for a third person; she was obliged, therefore, to descend in the face of the company, and to sit where she could. In other respects the ceremony was conducted rigorously according to the arrangements, and the Presi dent made to pass an evening which his good sense ren dered a very -miserable one to him. June 12 Ih. Beckley tells me that Klingham has been with him today, and relates to him the following fact. A certificate of the old Congress had been offered at the treasury and refused payment, and so indorsed in red ink as usual. This certificate came to the hands of Francis, (the quondam clerk of the treasury, who, on account of his being dipped in the infamous case of the Baron Glaubec, Hamilton had been obliged to dismiss, to save appearances, but with an assurance of all future service, and he accordingly got him established in New York.) Francis wrote to Hamilton that such a ticket was offered him, but he could not buy it unless he would inform him and give him his certificate that it was good. Hamilton wrote him a most friendly letter, and sent him the certificate. He bought the paper, and came on here and got it recognized, whereby he made twenty- 1793 ANAS of THOMAS JEFFERSON. 129 five hundred dollars. Klingham saw both J:he letter and certificate . Irving, a clerk in the treasury, an Irishman, is the author of the pieces now coming out under the signature of Veritas, and attacking the President. I have long suspected this detestable game was playing by the fiscal party, to place the President on their side. July 5th, 1793. A meeting desired by Alexander Ham ilton at my office. Himself, Knox, and myself met ac cordingly. He said that according to what had been agreed on in presence of the President, in consequence of Mr. Genet s declining to pay the $45,000 at his com mand in the treasury, to the holders of the St. Domingo bills, we had agreed to pay the holders out of other money to that amount; that he found, however, that these bills would amount to $90,000, and the question was whether he should assume $90,000 to be paid out of the September installment. This, he said, would en able holders to get discounts at the banks, would there fore be equal to ready money, and save them from bank ruptcy. Unanimously agreed to. We also agreed to a letter written by General Knox to Governor Mifflin, to have a particular inquiry made whether the Little Sarah is arming, &c., or not. I read a letter from the President about the Swallow letter of Marque at New York com plained of by the French Consul. Agreed as the case was new, to let it wait for the President. I read also Governor Lee s letter about the Governor of South Caro lina s proclamation respecting pestilential disease in West Indies. We are all of opinion the evidence is too slight for interference, and doubt the power to interfere. Therefore let it lie. 130 ANAS of THOMAS JEFFERSON. 1793 Mr. Genet called on me and read to me very rapidly instructions he had prepared for Michaud, who is going to Kentucky, an address to the inhabitants of Louis iana, and another to those of Canada. In these papers it appears that, besides encouraging those inhabitants to insurrection, he speaks of two generals in Kentucky who have proposed to him to go and take New Orleans, if he will furnish the expense, about 3,000 pounds sterling. He declines advancing it, but promises that sum ulti mately for their expenses; proposes that officers shall be commissioned by himself in Kentucky and Louisiana ; that they shall rendezvous out of the territories of the United States, suppose in Louisiana, and there making up a battalion to be called the of inhabitants of Louisiana and Kentucky, and getting what Indians they could, to undertake the expedition against New Orleans, and then Louisiana to be established into an independent State, connected in commerce with France and the United States; that two frigates shall go into the river Mississippi, and co-operate against New Or leans. The address to Canada was to encourage them to shake off English yoke, to call Indians to their as sistance, and to assure them of the friendly dispositions of their neighbors of the United States. He said he communicated these things to me, not as Secretary of State, but as Mr. Jefferson. I told him that his enticing officers and soldiers from Kentucky to go against Spain, was really putting a halter about their necks; for that they would assuredly be hung if they commenced hostilities against a nation at peace with the United States. That leaving out that article I did not care what insurrections should be excited in Louisiana. He had about a fortnight ago sent me a communication for Michaud as consul of France at 1793 ANAS of THOMAS JEFFERSON. 131 Kentucky, and desired an Exequatur. I told him this could not be given, that it was only in the ports of the United States they were entitled to consuls, and that if France should have a consul at Kentucky, England and Spain would soon demand the same, and we should have all our interior country filled with foreign agents. He acquiesced, and asked me to return the commission and his note, which I did; but he desired I would give Mi- chaud a letter of introduction for Governor Shelby. I sent him one a day or two after. He now observes to me that in that letter I speak of him only as a person of botanical and natural pursuits, but that he wished the Governor to view him as something more, as a French citizen possessing his confidence. I took back the letter and wrote another. See both. July 8th, 1793. At a meeting at the State House of the City of Philadelphia. Present: the Secretary of State, the Secretary of the Treasury, the Secretary of War. It appears that a brigantine, called the Little Sarah, has been fitted out at the port of Philadelphia, with four^ Jeen cannon and all other equipment, indicating that she is intended to cruise under the authority of France, and that she is now lying in the river Delaware, at some place between this city and Mud Island ; that a conversa tion has been had between the Secretary of State and the Minister Plenipotentiary of France, in which conversa tion the Minister refused to give any explicit assurance that the brigantine would continue until the arrival of the President, and his decision in the case, but made de clarations respecting her not being ready to sail within the time of the expected return of the President, from which the Secretary of State infers with confidence, that 132 ANAS of THOMAS JEFFERSON. 1793 she will not sail till the President will have an oppor tunity of considering and determining the case; that in the course of the conversation, the Minister declared that the additional guns which had been taken in by the Little Sarah were French property, but the Governor of Pennsylvania declared that he has good ground to believe that two of her cannon were purchased here of citizens of Philadelphia. The Governor of Pennsylvania asks advice what steps under the circumstances, he shall pursue? The Secretary of the Treasury and the Secretary of War are of opinion, that it is expedient that immediate measures should be taken provisionally for establishing a battery on Mud Island, under cover of a party of mi litia, with direction that if the brig Sarah should attempt to depart before the pleasure of the President shall be known concerning her, military coercion be employed to arrest and prevent her progress. The Secretary of State dissents from this opinion. Reasons for his Dissent. I am against the preceding opinion of the Secretaries of the Treasury and War, for ordering a battery to be erected on Mud Island, and firing on the Little Sarah, an armed vessel of the Republic of France : Because I am satisfied, from what passed between Mr. Genet and myself at our personal interview yester day, that the vessel will not be ordered to sail till the return of the President, which, by a letter of this day s post, we may certainly expect within eight and forty hours from this time. Because the erecting a battery and mounting guns 1793 ANAS of THOMAS JEFFERSON. 133 to prevent her passage might cause a departure not now intended, and produce the fact it is meant to prevent. Because were such battery and guns now in readiness and to fire on her, in the present ardent state of her crew just in the moment of leaving port, it is morally certain that bloody consequences would follow. No one could say how many lives would be lost on both sides, and all experience has shown, that blood once seriously spilled between nation and nation, the contest is continued by subordinate agents, and the door of peace is shut. At this moment, too, we expect in the river twenty of their ships of war, with a fleet of from one hundred to one hundred and fifty of their private vessels, which will arrive at the scene of blood in time to continue it, if not to partake in it. Because the actual commencement of hostilities against a nation, for such this act may be, is an act of too serious consequence to our countrymen to be brought on their heads by subordinate officers, not chosen by them nor clothed with their confidence; and too pre sumptuous on the part of those officers, when the chief magistrate, into whose hands the citizens have com mitted their safety, is within eight and forty hours of his arrival here, and may have an opportunity of judging for himself and them, whether the buying and carrying away two cannon, (for according to information, the rest are the nation s own property,) is sufficient cause of war between Americans and Frenchmen. Because, should the vessel, contrary to expectation, depart before the President s arrival, the adverse powers may be told the truth of the case : that she went off con trary to what we had a right to expect ; that we shall be justifiable in future cases to measure our confidence ac cordingly; that for the present we shall demand satis- 134 ANAS of THOMAS JEFFERSON. 1792 faction from France, which, with the proof of good faith we have already given, ought to satisfy them. Above all Great Britain ought not to complain : for, since the date of the order forbidding that any of the belligerent powers should equip themselves in our ports with our arms, these two cannon are all that have escaped the vigilance of our officers on the part of their enemies, while their vessels have carried off more than ten times the number, without any impediment; and if the suggestion be true (and as yet it is but suggestion) that there arc fifteen or twenty Americans on board the Little Sarah, who have gone with their own consent, it is equally true that more than ten times that number of Americans are at this moment on board English ships of war, who have been taken forcibly from our merchant vessels at sea or in port, wherever met with, and compelled to bear arms against the friends of their country. And is it less a breach of our neutrality towards France to suffer England to stregthen herself with our force, than to wards England to suffer France to do so? And are we equally ready and disposed to sink the British vessels in our ports by way of reprisal for this notorious and avowed practice? Because it is inconsistent for a nation which has been patiently bearing for ten years the grossest insults and injuries from their late enemies, to rise at a feather against their friends and benefactors ; and that, too, in a moment when circumstances have kindled the most ardent affections of the two people towards each other; when the little subjects of displeasure which have arisen are the acts of a particular individual, not yet important enough to have been carried to his government as causes of ccmplaint; are such as nations of moderation and justice settle by negotiation, not making war their first 1793 ANAS of THOMAS JEFFERSON. 135 step; are such as that government would correct at a word, if we may judge from the late unequivocal demon strations of their friendship towards us; and are very slight shades of the acts committed against us by Eng land, which we have been endeavoring to rectify by negotiation, and on which they have never conde scended to give any answer to our minister. Because I would not gratify the combination of kings with the spectacle of the two only republics on earth destroying each other for two cannon; nor would I, for infinitely greater cause, add this country to that com bination, turn the scale of contest, and let it be from our hands that the hopes of man received their last stab. It has been observed that a general order has been already given to stop by force vessels arming contrary to rule in our ports, in which I concurred. I did so be cause it was highly presumable that the destination of such a vessel would be discovered in some early stage, when there would be few persons on board, these not yet disposed nor prepared to resist, and a small party of militia put aboard would stop the procedure without a marked infraction of the peace. But it is a much more serious thing when a vessel has her full complement of men, (here said to be one hundred and twenty,) with every preparation and probably with disposition to go through with their enterprise. A serious engagement is then a certain consequence. Besides, an act of force committed by an officer in a distant port, under general orders, given long ago, to take effect on all cases, and with less latitude of discretion in him, would be a much more negotiable case than a recent order, given by the general government itself (for that is the character we are to assume) on the spot, in the very moment, pointed at this special case, professing full discretion and not 136 ANAS of THOMAS JEFFERSON. 1793 using it. This would be a stubborn transaction, not admitting those justifications and explanations which might avert a war, or admitting such only as would be entirely humiliating to the officers giving the order, and to the government itself. On the whole, respect to the chief magistrate, respect to our countrymen, their lives, interests, and affection, respect to a most friendly nation, who, if we give them the opportunity, will answer our wrongs by correcting and not by repeating them ; respect to the most sacred cause that ever man was engaged in, poising maturely the evils which may flow from the commitment of an act which it would be in the power and probably in the temper of subordinate agents to make an act of con tinued war, and those which may flow from an eight and forty hours suspension of the act, are motives with me for suspending it eight and forty hours, even should we thereby lose the opportunity of committing it alto gether. July Wth, 1793. The Secretary of the Treasury hav ing communicated to General Knox and myself, that he had been informed that the Little Sarah had much augmented her arms and was greatly advanced in her preparations, we concurred in opinion, that the governor should be desired to have a rc-exarnin.ation cf the fact. It was done, and a report made, that she had enter ed the port with only four guns, and now had fourteen. The next day, being Sunday the 7th .. instant, I re ceived a letter from the governor (of Pennsylvania) by express, informing me, that he understood she would sail that day. I went instantly to town. He told me he had received the intelligence the night before, and had sent Mr. Dallas at midnight to Mr. Genet. 1793 ANAS of THOMAS JEFFERSON. 137 Mr. Dallas told me, that, on his proposing the subject of detaining the vessel, he flew into a great passion, talked extravagantly, and concluded by refusing to order the vessel to stay. As the Governor had sent for General Knox also, I told him I would in the meantime go to M. Genet and speak with him on the subject. I went. On his com ing into the room I told him I had called on the subject of the Little Sarah] that our information was, that she was armed contrary to the decision of the President, which had been communicated to him, and that she would sail that day; and I requested that he would detain her till we could inquire into the fact, and lay it before the President, who would be here on Wednesday. He took up the subject instantly in a very high tone, and went into an immense field of declamation and com plaint. I found it necessary to let him go on, and in fact could do no otherwise; for the few efforts which I made to take part in the. conversation were quite in effectual. It is impossible for me to state the particu lars of what he said. Such of the general topics as I can now recollect were these. He charged us with hav ing violated the treaties between the two nations, and so went into the cases which had before been subjects of discussion; complained that we suffered our flag to be insulted and disregarded by the English; that they stopped all our vessels, and took out of them whatever they suspected to be French property; that they had taken all the provisions he had embarked in American vessels for the colonies ; that if we were not able to pro tect their vessels in our ports, nor their property on the high seas, we ought to permit them to protect it them selves; that they, on the contrary, paid the highest respect to out flag; that, though it was notorious that 1 38 ANAS of THOMAS JEFFERSON. 1793 most of the cargoes sent from America were British propel ty, yet, being in American vessels, or pretended American vessels, they never touched it, and thus had no chance of retaliating on their enemies, that he had been thwarted and opposed in everything he had had to do with the government; that he found himself in so disagreeable a situation, that he sometimes thought of packing up and going away, as he found he could not be useful to his nation in anything. He dwelt on the friendly propositions he brought from his nation, on the instructions and dispositions with which he came to do whatever would gratify us ; that to such propositions such a return ought not to have been made by the executive without consulting Congress; and that, on the return of the President, he would cer tainly press him to convene Congress. He had by this time got into a moderate tone, and I stopped him at the subject of calling Congress, explained our constitution to him, as having divided the functions of government among three different authorities, the executive, legis lative, and judiciary, each of which were (was) supreme in all questions belonging to their (its) departments, and independent of the others; that all the questions which had arisen between him and us, belonged to the executive department, and, if Congress were sitting, could not be carried to them, nor would they take notice of them. He asked if they were not the sovereign. I told him so ; they were sovereign in making laws only, the execu tive was sovereign in executing them, and the judiciary in construing them where they related to their depart ment. "But," said he, "at least, Congress are bound to see that the treaties are observed." 1 told him no; there were very few cases indeed arising out of treaties, 1793 ANAS of THOMAS JEFFERSON. 139 which they could take notice of ; that the President is to see that treaties are observed. "If he decides against a treaty, to whom is a nation to appeal?" I told him the constitution had made the President the last appeal. He made me a bow, and said, that indeed he would not make me his compliments on such a constitution, ex pressed the utmost astonishment at it, and seemed never before to have had such an idea. He was now come into perfect good humor and cool ness, in which state he may with the greatest freedom be spoken with. I observed to him the impropriety of his conduct in persevering in measures contrary to the will of the government, and that too within its limits, wherein unquestionably they had a right to be obeyed. "But," said he, "I have a right to expound the treaty on our side." "Certainly," said I, "each party has an equal right to expound treaties. You, as agent of your nation, have a right to bring forward your exposition, to support it by reasons, to insist on it, to be answered with the reasons for our exposition where it is contrary ; and when, after hearing and considering your reasons the highest authority in the nation has decided, it is your duty to say you think the decision wrong, that you can not take upon yourself to admit it, and will represent it to your government to do as they think proper; but in the meantime, you ought to acquiesce in it, and to do nothing within our limits contrary to it." He was silent as to this, and I thought was sensible it was right. I brought him to the point of the Little Sarah, and pressed his detaining of her till the Presi dent s return. "Why detain her?" said he. "Be cause," said I, "she is reported to be armed with guns acquired here." He said the guns were all French property, and surely we did not pretend to control them 140 ANAS of THOMAS JEFFERSON. 1793 in the disposal of their own property ; that he could name to me the French vessels from which he had taken every gun. I told him I would be obliged to him for any evi dence of that fact with which he would furnish me, and repeated my request to detain the vessel. He was em barrassed and unwilling. He said he should not be justified in detaining her. I told him it would be con sidered a very serious offence indeed if she should go away; that the government was determined on that point, and, thinking it was right, would go through with it. After some hesitation he Said he could not make any promise, it would be out of his duty, but that he was very happy in being able to inform me that the vessel was not in readiness, and therefore could not sail that day. I asked him if I might rely, that she would not be ready to sail before the return of the President. He then spoke of her unreadiness indefinitely as to time, said she had many things to do yet, and would not be ready for some time, he did not know when. And whenever I tried to fix it to the President s return he gave the same answer, that she would not be ready for some time, but with the look and gesture, which showed he meant I should understand she would not be gone before that time. "But," said he, "she is to change her position and fall down the river today; but she will not depart yet." "What," said I, "will she fall down to the lower end of the town?" "I do not exactly know where," said he, "but somewhere there for convenience of get ting ready some things; but let me beseech you not to permit any attempt to put men on board of her. She is filled with high-spirited patriots, and they will un questionably resist; and there is no occasion, for I tell you bhe will not be ready to depart for some time." u 1793 ANAS of THOMAS JEFFERSON. 141 I told him then I would take it for granted she would not be ready before the President s return, that in the meantime we would have inquiries made into the facts, and would thank him for information on the subject, and that I would take care that the case should be laid be fore the President the day after his return. He prom ised to give me a state of facts the next day. I then returned to the governor, told him what had passed, and that I was satisfied, that, though the vessel was to fall somewhere down the river, she would not sail. He thereupon ordered the militia to be dismissed. On repeating to him and Mr. Dallas what M. Genet had said we found it agreed in many particulars with what he had said to Mr. Dallas; but Mr. Dallas men tioned some things which he had not said to ine,and particularly his declaration that he would appeal from the President to the people. He did, in some part of his declamation to me, drop the idea of publishing a narra tive or statement of transactions ; but he did not on that, nor ever did on any other occasion in my presence, use disrespectful expressions of the President. He, from a very early period, showed that he believed there existed here an English party, and ascribed to their misinforma tions, industry, and manoeuvres some of the decisions of the executive. He is not reserved on this subject. He complains of the partiality of the information of those employed by government, who never let a single move ment of a French vessel pass unnoticed, nor ever inform of an English one arming, or not till it is too late to stop her. The next day, Monday, I met the Secretaries of the Treasury and War in the governor s office. They pro posed our ordering a battery to be erected on Mud Is land immediately, guns to be mounted, to fire on the 142 A/VAS of THOMAS JEFFERSON. 1793 vessel and even sink her if she attempted to pass. I refused to concur in the order, for reasons assigned in another (the preceding) paper. The vessel was then at Gloucester Point. Whether any intention of this pro position got out, I do not know, but she very soon after fell down to Chester. On a suggestion, that there were fifteen or twenty Americans on board, we desired Mr. Rawle to take measures to prosecute them. A recapitulation of questions whereon we have given opinions. Does the treaty with France leave us free to prohibit her from arming vessels in our ports? Thomas Jeffer son, Hamilton, Knox, and Randolph unanimous it does. As the treaty obliges us to prohibit the enemies of France from arming in our ports, and leaves us free to prohibit France, do not the laws of neutrality oblige us to prohibit her? Same persons answer they do. How far may a prohibition now declared be retro spective to the vessels armed in Charleston before the prohibition, to wit, the Citoyen Genet and Sans Culottes, and what is to be done with these prizes? Thomas Jeffer- so, It cannot be retrospective at all; they may sell their prizes, and continue to act freely as other armed vessels of France. Hamilton and Knox, The prizes ought to be given up to the English, and the privateers suppressed. Randolph, They are free to sell their prizes, and the privateers should be ordered away, not to return here till they shall have been to the dominions of their own sovereign, and thereby purged the illegality of their origin. This last opinion was adopted by the President. 1793 ANAS of THOMAS JEFFERSON. 143 Our citizens who have joined in these hostilities against nations at peace with the United States, are they pun ishable? E. Randolph gave an official opinion they were. Thomas Jefferson, Hamilton, and Knox joined in the opinion. All thought it our duty to have prose cutions instituted against them, that the laws might pronounce on their case. In the first instance, two only were prosecuted merely to try the question, and to sat isfy the complaint of the British minister ; and because it was thought they might have offended unwittingly. But a subsequent armament of a vessel at New York taking place with full knowledge of this prosecution, all the persons engaged in it, citizens and foreigners, were ordered to be prosecuted. May the prohibition extend to the means of the party arming, or are they only prohibited from using our means for the annoyance of their enemies? Thomas Jefferson of opinion they are free to use their own means, i, e., to mount their own guns, &c. Hamilton and Knox of opinion they are not to put even their own implements or means into a posture of annoyance. The President has as yet not decided this. May an armed vessel arriving here be prohibited to employ their own citizens found here as seamen or mariners? Thomas Jefferson, They cannot be pro hibited to recruit their own citizens. Hamilton and Knox, They may and ought to be prohibited. No decision yet by the President. It appears to me the President wished the Little Sarah had been stopped by military coercion, that is, by firing on her ; yet I do not belive he would have ordered it him self had he been here, though he would be glad if we had ordered it. The United States being a ship-building nation, may 144 ANAS o] THOMAS JEFFERSON. 1793 they sell ships, prepared for war, to both parties? Thomas Jefferson, They may sell such ships in their ports to both parties, or carry them for sale to the do minions of both parties. E. Randolph of opinion they could not sell them here ; and that if they attempted to carry them to the dominions of the parties for sale, they might be seized by the way as contraband. Hamilton of same opinion, except that he did not consider them as seizable for contraband, but as the property of a power making itself a party in the war by an aid of such a nature, and consequently that it would be a breach of neutrality. Hamilton moves that the government of France be desired to recall Mr. Genet. Knox adds that he be in the meantime suspended from his functions. Thomas Jefferson proposes that his correspondence be com municated to his government, with friendly observa tions. President silent.* July 15th. Thomas Jefferson, Hamilton and Knox met at the President s. Governor Mifflin had applied to Knox for the loan of four cannon to mount at Mud Island. He informed him he should station a guard of thirty-five militia there, and asked what arrangement for rations the general government had taken. Knox told him nothing could be done as to rations, and he would ask the President for the cannon. In the mean time, he promised him to put the cannon on board a boat, ready to send off as soon as permission was ob tained. The President declared his own opinion first and fully, that when the orders were given to the govern ment to stop vessels arming, &c., in our ports, even by *This is committed to writing the morning of the i3th of July, i. e., the whole page. T. J. 1793 ANAS of THOMAS JEFFERSON. 145 military force, he took for granted the governors would use such diligence as to stop those projects in embryo, and stop them when no force was requisite, or a very small party of militia would suffice ; that here was a demand from the governo - of Pennsylvania to land four cannon under pretext of executing orders of the general government; that if this was granted, we should be immediately applied to by every other governor, and that not for one place only, but for several, and our cannon would be dispersed all over the United States; that for this reason we had refused the same request to the governors of South Carolina, Virginia, and Rhode Island; that if they erected batteries, they must estab lish men for them, and would come on us for this too. He did not think the Executive had a power to establish permanent guards : he had never looked to anything per manent when the orders were given to the governors, but onlv an occasional call on small parties of militia in the moments requiring it. These sentiments were so entirely my own, that I did little more than combat on the same grounds the opinions of Hamilton and Knox. The latter said he would be ready to lend an equal number to every government to carry into effect orders of such importance ; and Hamilton, that he would be willing to lend them in cases where they happened to be as near the place where they were to be mounted. Hamilton submitted the purchase of a large quantity of salt-petre, which would outrun the funds destined to objects of that class by Congress. We were unanimous we ought to venture on it, and to the procuring supplies of military stores in the present circumstances, and take on us the responsibility to Congress, before whom it should be laid. The President was fully of the same opinion. 146 ANAS of THOMAS JEFFERSON. 1793 In the above case of the cannon, the President gave no final order while I remained; but I saw that he was so impressed with the disagreeableness of taking them out of the boat again, that he would yield. He spoke sharp ly to Knox for having put them in that position without consulting him, and declared that, but for that circum stance, he would not have hesitated one moment to re fuse them. July 18th., 1793. At a meeting at the President s Gen. Knox tells us Governor Blount (now in town) has in formed him that when Mr. Florence was in France,certain members of the executive Council enquired of him what were the dispositions of Cumberland settlement, etc., to wards Spain? Mr. Florence told them unfriendly. They offered him a commission to embody troops there, to give him a quantity of blank commissions to be filled up by him making officers of the Republic of France, those who should command and undertake to pay the ex penses. Mr. Florence desired his name might not be used Blount added that Mr. Florence while in France pre tended to be a great friend to their revolution though an enemy to it in his heart. Eodem die,. Lear calls on me, I told him that Irv~ ing, an Irishman, and a writer in the treasury, who on a former occasion, had given the most decisive proofs of his devotion to his principal, was the author of the pieces signed Veritas; and I wished he could get at some of Irving s acquaintances and infoim himself of the fact, as the person who told me of it would not permit the name of his informer to be mentioned; (Note. Beckley told me of it, and he had it from Swaine, the printer to 1793 ANAS of THOMAS JEFFERSON. 147 whom the pieces were delivered;) that I had long before suspected this excessive foul play in that party, of writ ing themselves in the character of the most exaggerated democrats, and incorporating with it a great deal of abuse on the President, to make him believe it was that party who were his enemies, and so throw him entirely into the scale of the monocrats. Lear said he no longer ago than yesterday, expressed to the President his sus picions of the artifices of that party to work on him. He mentioned the following fact as a proof of their writing in the character of their adversaries; to wit, the day after the little incident of Richet s toasting "the man of the people/ (see the gazettes,) Mrs. Washington was at Mrs. Powel s, who mentioned to her that when the toast was given, there was a good deal of disappro bation appeared in the audience, and that many put on their hats and went out; on inquiry, he. had not found the fact true, and yet it was put into s paper, and written under the character of a republican, though he is satisfied it is altogether a slander of the monocrats. He mentioned this to the President, but he did not mention to him the following fact, which he knows, that in New York, the last summer, when the parties of Jay and Clinton were running so high, it was an agreed point with the former, that if any circum stances should ever bring it to a question, whether to drop Hamilton or the President, they had decided to drop the President. He said that lately one of the loudest pretended friends to the government, damned it, and said it was good for nothing, that it could not support itself, and it was time to put it down and set. up a better; and yet the same person, in speaking to the President, puffed of that party as the only friends to the government. He said he really feared, that by their 148 ANAS of THOMAS JEFFERSON. 1793 artifices and industry, they would aggravate the Presi dent so much against the republicans, as to separate him from the body of the people. I told him what the same cabals had decided to do, if the President had re fused his assent to the bank bill; also what Brockhurst Livingston said to , that Hamilton s life was much more precious to the community than the Presi dent s. July 21st, 1793: At Dr. Logan s today Genet told us that Colonel Hamilton had never in a single instance ad dressed a letter to him as the Minister of the republic of France, but always as the Minister of France. July 23rd, 1793. A meeting at the President s of the three heads of departments and E. Randolph. Genet had told me about a fortnight ago that he had come here with instructions to let all his contracts to the lowest bidder of sufficient ability, that he had been privately admonished however at the same time by some individuals who had been in America that, if he meant to succeed, he must put his contracts into the hands of Robert Morris, c., who were all-powerful in the government. That he paid little regard to this and pursuing vigorously the plan of his instructions he had failed, as I knew, meeting to every proposition for obtaining money, the decided opposition of the Secretary of the Treasury. Knowing as I did how decidedly the Secretary of the Treasury had been against every, the smallest advance beyond what was actually exigible, and even for a day, I was attentive to him. He con tinued, that he had now found out that if he would put the contract into the hands of Mr. Hamilton s friends he could get money. That he had already been in treaty 1793 ANAS of THOMAS JEFFERSON. 149 with Cunningham and Nesbit, had agreed with them on terms mutually acceptable though not as good as in . the way pointed out in his instructions, ? and that Mr. Hamilton had also agreed, statement. . . tnoagn it was not yet in writing. I could not help saying "are you sure Colonel Hamilton is agreed. I think it impossible." I am sure says he, and you shall see. Accordingly at this meeting Colonel Hamilton proposes to agree to pay the orders of Mr. Genet to the amount of the installments of this year, that is today, to note at the treasury those orders as presented, and to say to the persons that such a sum will be paid at the day of the installment and he presented a letter ready cut and dry for the purpose. The President came into it at once, on account of the distress of the refugees from St. Domingo, for whom some of it was to be used. Knox asked no other question than whether it was convenient to the treasury. I agreed to it on my old ground, that I had no objection to an advance. E. Randolph alone was afraid, and insisted the Secretary of the Treasury should present a written paper to each holder of a bill letting them see that we would pay for the government oj France on such, a day such a sum, so that if a counter-revolution should take place between this and the day (to wit, some day in September and another in November) in time to be known here, we should not be held to pay to the holder but to the new government. Hamilton agreed to arrange this with E. Randolph which in private he will easily do. At this meeting (E. Randolph being called away on business) I proposed an answer to Genet s letter of July 9th on French property taken by the English in Ameri can bottoms, which was agreed to in toto. Also an answer to his letter of June 14th covering protests of 150 ANAS of THOMAS JEFFERSON. 1793 consuls about Admiralty courts arresting their prizes. To this it was thought some additions were necessary, and particularly Knox proposed some notice should be taken of the expressions towards the President per sonally. So it was referred to another day. The President mentioned that we must shortly determine what was to be done with Mr. Genet, that in his own opinion his whole correspondence should be sent to G. Morris with a temperate bat strong representation of his conduct, drawing a clear line between him and his na tion, expressing our friendship to the latter, but in sisting on the recall of Genet, and in the meantime that we should desire him either to withdraw or cease his functions. Hamilton hereon made a long speech ex horting the President to firmness, representing that we were now in a crisis whereon the continuance, of the government or it s overthrow by a faction depended, that we were still in time to give the tone to the public mind by laying the whole proceedings before them, and that this should be done in addition to what he had pro posed : that as yet the great body of the people could be kept on the right side by proper explanations, but that if we let the incendiaries go on, they would soon have taken sides with them. Knox told some little stories to aggravate the President, to wit, that Mr. King had told him, that a lady had told him, that she heard a gentleman say that the President was as great a tyrant as any of them, and that it would soon be time to chase him out of the city. That Mr. Stagg lately from New York had told him that the St. Tammany society now had meetings to the number of 500 persons, and that Consul Hauterive appeared to be very intimate with them. The President also desired us to reflect on the question of calling Congress. 1793 ANAS of TOHMAS JEFFERSON. 151 Hamilton and Knox told the President they had extorted from Beach a confession that Pascal (one of the secretaries of Genet) sent him the queries inserted in his paper two or three days ago and to one of which the Viscount Noailles gave the lie in the paper of today. He said Talon had never been but twice to his house, which was to public dinners, and that he had dined once with Talon, in a large company. Note given to the President relative to Genet. July 2C>th, 1793. Mr. Genet s declaration to the Pres ident at his reception, that France did not wish to en gage the United States in the present war by the clause of guarantee, but left her free to pursue her own happi ness in peace, has been repeated to myself in conver sation, and to others, and even in a public answer, so as to place it beyond question. Some days after the reception of Mr. Genet (which was May 17th), I went to his house on business. The Attorney General went with me to pay his first visit. After he withdrew, Mr. Genet told me Mr. Ternant had delivered him my letter of May 15th on the four me morials of Mr.Hammond. He said something first of the case of the Grange, and then of the vessels armed at Charleston. He said that on his arrival there, he was sur rounded suddenly by Frenchmen full of zeal for their country, pressing for authority to arm with their own means for its assistance: that they would fit out their own vessels, provide everything, man them, and only ask a commission from him; that he asked the opinion of Governor Moultrie on the subject, who said he knew no law to the contrary, but begged that whatever was to be done, might be done without consulting him: that 150 ANAS of THOMAS JEFFERSON. 1793 he must know nothing of it, &c. : that hereupon he gave commission to the vessels: that he was of opinion that he was justified, not only by the opinions at Charleston, but by our treaties. I told him the President had taken full advice on the subject, had very maturely considered it, and had come to the decision expressed in my letter. He said he hoped the President had not so absolutely decided it, but that he would hear what was to be said against it. I told him 1 had no doubt but that the President, out of respect to him and his country, would receive whatever he should have to urge on the subject, and would consider it with candor. He said he would make it his business to write me a letter on the subject : that he thought the arming the privateers was justifi able; but that if the President should finally decide otherwise (though he could not think it would be right), yet he must submit; for that assuredly his instructions were to do whatever would be agreeable to us, He showed, indeed, by his countenance, his manner, and words, that such an acquiescence would be with re luctance; but. I was and am persuaded he then meant il. Mr. Genet called at my office on Tuesday sennight, or fortnight, (say July 16th or 9th), but I think it was Tuesday sennight, and know it was on a Tuesday be cause he went from thence to the President s. He was summing up to me the strength of the French naval force now arrived. I took that occasion to observe to him, that having such great means in his hands, I thought he ought not to hesitate in abandoning to the orders of the government the little pickeioons which had been armed here unauthorized by them, and which occasioned so much embarrassment and uneasiness: that certainly their good dispositions must be worth more than the 1793 ANAS of THOMAS JEFFERSON. 153 trifling services these little vessels could render. He immediately declared, that having such a force in his hands, he had abandoned every idea of further arma ment in our ports ; that these small objects were now be neath his notice, and he had accordingly written to the consuls to stop everything further of that kind ; but that as to those which had been fitted out before, their honor would not permit them to give them up, but he wished an oblivion of everything which had passed, and that in future the measure so disagreeable to the government should not be pursued, though he thought it clearly justifiable by the treaty. I told him the government was of a different opinion : that both parties indeed had equal right to construe the treaty: that, consequently, he had done his duty in remonstrating agginst our con struction, but that since the government remained finally persuaded of the solidity of its own construction, and had a right to act accordingly within their own limits, it was now his duty, as a diplomatic man, to state the matter to his government, to ask and await their orders, and in the meant me to acquiesce, and by no means to proceed in opposition within our limits. It was at the same time, he informed me, that he had sent out the Little Democrat, July 2Gth, 1793, to obtain intelligence of the state of the co st, and whether it was safe for the fleet to proceed round from Norfolk to New York. July 2Sth, 1 93. At a meeting at the President s on account of the British letter-of-marque, ship Jane, said to have put up waste boards, to have pierced two port holes, and mounted two cannon (which she br ught in) on new carriages which she did not bring in, arid conse quently having sixteen instead of fourteen guns 154 ANAS of THOMAS JEFFERSON. 1793 mounted, it was agreed that a letter-of -marque, or ves sel arme en guerre and en marchandise, is not a priva teer, and therefore not to be ordered out of our ports. It was agreed by Hamilton, Knox and myself, that the case of such a vessel does not depend on the treaties, but on the law of nations. Edmund Randolph thought, as she had a mixed character of merchant vessel and pri vateer, she might be considered under the treaty; but this being overruled, the following paper was written: Rules proposed by Attorney General : 1st. That all equipments purely for the accommo dation of vessels, as merchantment, be admitted. Agreed. 2d. That all equipments, doubtful in their nature, and applicable equally to commerce or war, be admitted, as producing too many minutiae. Agreed. 3d. That all equipments, solely adapted to military objects, be prohibited. Agreed. Rules proposed by the Secretary of the Treasury: 1st. That the original arming and equipping of ves sels for military service, offensive or defensive, in the ports of the United States, be considered as prohibited to all. Agreed. 2d. That vessels which were armed before their coming into our ports, shall not be permitted to aug ment these equipments in the ports of the United States. but may repair or replace any military equipments which they had when they began their voyage for the United States; that this however, shall be with the ex ception of privateers of the parties opposed to France, who shall not rent or repair. Negatived the Secretary of the Treasury only holding the opinion. 3d. That for convenience, vessels armed and corn- missioned before they come into our ports, may engage 1793 ANAS of THOMAS JEFFERSON. 155 their own citizens, not being inhabitants of the United States. Agreed. I subjoined the following: I concur in the rules proposed by the Attorney Gen eral, as far as respects materials or means of annoyance furnished by us; and I should be for an additional rule, that as to means or materials brought into this country, and belonging to themselves, they are free to use them. (Knox agreed to the Attorney General in toto, con sequently, they were established by the vote of three. Hamilton proposed to put questions on all the proposi tions separately, and he took the paper and put questions on the three of the Attorney General which were agreed. He was going on with questions on his own propositions without asking us distinctly, but by a sort of a look and a nod, and noting in the margin. I observed I did not understand that opinion, that we had agreed to the Attorney General s propositions; he said it was to take a question on each distinctly. Knox observed that as we understood these rules to extend only to cases out of the treaty we had better express it. I agreed and pro posed to add some such words as these, "excepting, always where the treaties shall have otherwise pro vided." Hamilton broke loose at this and pretended it was meant they should go to all cases. All of us bore testimony against this and that he himself had shown that the present case was out of the treaties. He said he would rather specify the exceptions expressly, than leave them on the general terms I proposed; so it was agreed to take till tomorrow to examine the treaties and specify the exceptions if it could be done. While this was passing E. Randolph took the paper in his hand and read Hamilton s original notes as above, and seeing that he had written "agreed" opposite his own first proposi- 156 ANAS of THOMAS JEFFERSON. 1793 tion, he observed to Knox so that I overhear 1 him that that had not been agreed, which was the truth. To his third proposition we had all agreed in conversa tion, but it had rot been agreed to add it to the rules. It was pretty evident from Hamilton s warmth, em barrassment, eagerness, that he wanted to slip in s me- thing which might cover cases we had not in contem plation.) * A question then arose whether we should ex pressly say that these articles were meant to extend to cases out f the treaty it was referred to the next day. July 30. /i. Met at my office. I proposed to add to the rules a proviso that they should not be understood to Contravene, as of right they could not, the provisions of the article of our treaty with France, the of that with the United Netherlands, or the of that with Russia. Before Hamilton a d Knox came into the room E. Randolph declared himself for a general reference, or a verbal quotation of the words of the treaties, and against all comments or substitution of new words. When they arrived, Hamil ton proposed a reference to the articles of 1he treaty by a description of the cases in shorter terms, which he pro posed as equivalent to those of the treaty. E. Randolph said plumply and without one word of preface that he had been for a general reference to the treaties, but if the special descriptions would give more satisfaction, he would agree to it. So he and Hamilton drew their chairs together and made up t^e form: but it was agreed to be put off for more mature digestion. Th. J. August 1st. Met at the President s, to consider what was to be done with Mr. Genet. All his correspondence * The part within marks of parenthesis was marked out by Jefferson. 1793 ANAS of THOMAS JEFFERSON. 157 with me was read over. The following propositions were made: 1. That a full statement of Mr. Genet s con duct be made in a letter to G. Morris, and be sent with his correspondence, to be communicated to the Exe cutive Council of France ; the letter to be so prepared, as to serve for the form of communication to the Council. Agreed unanimously. 2. That in that letter his re call be required. Agreed by all, though I expressed a preference of expressing that desire with great delicacy; the others were for peremptory terms. 3. To send him off. This was proposed by Knox; but rejected by every other. 4. To write a letter to Mr. Genet, t!ie same in substance with that written to G. Morris, and let him know we had applied for his recall. I was against this, because I thought it would render him extremely active in his plans, and endanger confusion. But I was over ruled by the other three gentlemen and the President. 5. That a publication of the whole correspondence, and statement of the proceedings, should be made by way of appeal to the people. Hamilton made a jury speech of three-quarters of an hour, as inflammatory and de clamatory as if he had been speaking to a jury. E. Randolph opposed it. I chose to leave the contest be tween them. Adjourned to next day. August 2d, Met again. Hamilton spake again three- quarters of an hour. I answered on these topics. Object of the appeal. The democratic society; this the great circumstance of alarm; afraid it would extend its con nections over the continent J. chiefly meant for the local object of the ensuing election of Governor. If left alone, would die away after that is over. If opposed, if proscribed, would give it importance and vigor; would give it a new object, and multitudes would join it merely 1793 ANAS of THOMAS JEFFERSON. 158 to assert the right of voluntary associations. That the measure was calculated to make the President assume the station of the head of a party, instead of the head of the nation. Plan of the appeal. To consist of facts and the decisions of the President. As to facts we are agreed ; but as to decisions, there have been great differences of opinion among us. Sometimes as many opinions as persons. This proves there will be ground to attack the decisions. Genet will appeal also; it will bcome a con test between the President and Genet anonymous writers will be same difference of opinion in public, as in our cabinet will be same difference in Congress, for it must be laid before them would, therefore, work very unpleasantly at home. How would it work abroad ? France unkind after such proofs of her friendship, should rely on that friendship, and her justice. Why appeal to the world ? Friendly nations always nego tiate little differences in private. Never appeal to the world, but when they appeal to the sword. Confeder acy of Pilnitz was to overthrow the government of France. The interference of France to disturb other governments and excite insurrections, was a measure of reprisal. Yet these Princes have been able to make it believed to be the system of France. Colonel Hamil ton supposes Mr. Genet s proceedings here are in pur suance of that system; and we are so to declare it to the world, and to add our testimony to this base calumny of the Princes. What a triumph to them to be backed by our testimony. What a fatal stroke at the cause of liberty; et tu Brute. We indispose the French gov ernment, and they will retract their offer of the treaty of commerce. The President manifestly inclined to the appeal to the people.* Knox, in a foolish, incoherent * He said that Mr. Morris, taking a family dinner with him the other day 1793 ANAS of THOMAS JEFFERSON. 159 sort of a speech, introduced the pasquinade lately printed, called the funeral of George W n,and James Wilson, King and Judge, &c., where the President was placed on a guillotine. The President was much in flamed; got into one of those passions when he cannot command himself; ran on much on the personal abuse which had been bestowed on him; defied any man on earth to produce one single act of his since he had been in the government, which was not done on the purest motives; that he had never repented but once the having slipped the moment of resigning his office, and that was every moment since; that by God he had rather be in his grave than in his present situation: that he had rather be on his farm than to be made Jumper or of the world] and yet that they were charging him with want ing to be a King. That that rascal Freneau sent him three of his papers every day, as if he thought he would become the distributor of his papers; that he could see in this, nothing but an impudent design to insult him. He ended in this high tone. There was a pause. Some difficulty in resuming our question; it was, however, after a little while, presented again, and he said there seemed to be no necessity for deciding it now; the pro positions before agreed on might be put into a train of execution, and perhaps events would show whether the appeal would be necesasry or not. He desired we would meet at my office the next day, to consider what should be done with the vessels armed m our ports by Mr. Genet, and their prizes. went lanrely, and of his own accord, into the subject ; advised this appeal, and promised, if the President adopted it, that he would support it himself, and engage for all his connections. The President repeated this twice, and with an nir of importance. Kow Mr. Morris has no family connections; he engaged then for his political friends. This shows that the President has not confidence enough in the virtue and good sense of mankind, to confide in a government bottomed on them, and thinks other props necessary. T. J. 160 ANAS of THOMAS JEFFERSON. 1793 August 3d. We met. The rules being now reduced on one paper I considered them, and not finding anything against the treaties as far as I could see, they were agreed to and signed by us all. We proceeded to consider what should be done as to the French priva teers arrived in our ports, and their prizes taken since they were ordered away. Randolph recapitulated his old opinion. Hamilton proposed to suppress the privateers by military coercion and deliver the prizes to their own ers. 1 proposed to require from Mr. Genet a delivery of the prizes to their owners, otherwise that, in consequence of the assurances we had given the British Minister, we should be bound to pay for them and must take credit for it with France, and to inform him that we would allow no further asylum in our ports to the said priva teers. (These were the Citoyen Genet, Sans Culottes, Yainqueur de la Bastille and Petite Democrate. The two last had been armed subsequent to the prohibition.) My proposition was agreed to with an addition that the governors should be notified that the privateers were no longer permitted to stay in our ports. The President wrote to take our opinions, whether Congress should be called. Knox pronounced at once against it. Randolph was against it. Hamilton said his judgment was against it, but that if any two were for it, or against it, he would join them to make a ma jority. I was for it. We agreed to give separate opin ions to the President. Knox said we should have had fine work, if Congress had been sitting these two last months. The fool thus let out the secret. Hamilton, endeavored to patch up the indiscretion of this blabber, by saying "he did not know; he rather thought they would have strengthened the executive arm." It is evident they do not wish to lengthen the session of the 1793 ANAS of THOMAS JEFFERSON. 161 next Congress, and probably they particularly wish it should not meet till Genet is gone. At this meeting I received a letter from Mr. Remson, at New York, in forming me of the event of the combat between the Ambuscade and the Boston. Knox broke out into the most unqualified abuse of Captain Courtany. Hamilton with less fury, but with the deepest vexation, loaded him with censures. Both showed the most unequivocal mortification at the event. August 6th. The President concurs with Hamilton and Knox in notifying Mr. Hammond what we propose as to restitution of the prizes made by the Citoyen Genet, etc., or compensation, because says he, if you notify it to the party to whom it will give displeasure, we should do it to that also which will feel satisfaction from it. He said he should have been for calling Congress him self, but he found the other gentlemen were against it. August 6th, 1793. The President calls on me at my\ house in the country, and introduces my letter of July the 31st, announcing that I should resign at the close of l the next month. He again expressed his repentance at not having resigned himself, and how much it was in creased by seeing that he was to be deserted by those on whose aid he had counted ; that he did not know where he should look to find characters to fill up the offices; that mere talents did not suffice for the department of State, but it required a person conversant in foreign affairs, perhaps acquainted with foreign courts; that without this, the best talents would be awkward and at a loss. He told me that Colonel Hamilton had three or four weeks ago written to him, informing him that 162 ANAS of THOMAS JEFFERSON. 1?93 private as well as public reasons had brought him to the determination to retire, and that he should do it to wards the close of the next session. He said he had often before intimated dispositions to resign, but never as decisively before; that he supposed he had fixed on the latter part of next session, to give an opportunity to Congress to examine into his conduct ; that our going out at times so different, increased his difficulty; for if he had both places to fill at once, he might consult both the particular talents and geographical situation of our successors. He expressed great apprehensions at the fermentation which seemed to be working in the mind of the public ; that many descriptions of persons, actuated by different causes, appeared to be uniting; what it would end in he knew not; a new Congress was to as semble, more numerous, perhaps of a different spirit; the first expressions of their sentiments would be important ; if I would only stay to the end of that, it would relieve him considerably. I expressed to him my excessive repugnance to public life, the particular uneasiness of my situation in this place, where the laws of society oblige me always to move exactly in the circle which I know to bear me peculiar hatred ; that is to say, the wealthy aristocrats, the mer chants connected closely with England, the new created paper fortunes; that thus surrounded, my words were caught, multiplied, misconstrued, and even fabri cated and spread abroad to my injury; that he saw also, that there was such an opposition of views between myself and another part of the administration, as to render it peculiarly unpleasing, and to destroy the necessary harmony. Without knowing the views of what is called the republican party here, or having any communication with them, I could undertake to assure 1793 ANAS of THOMAS JEFFERSON. 163 him, from my intimacy with that party in the late Con gress, that there was not a view in the republican party as spread over the United States, which went to the frame of the government ; that I believed the next Con gress would attempt nothing material, but to render their own body independent; that that party were firm in their disposition to support the government; that the manoeuvres of Mr. Genet might produce some little em barrassment, but that he would be abandoned by the republicans the moment they knew the nature of his conduct; and on the whole, no crisis existed which threatened anything. He said he believed the views of the republican party were perfectly pure, but when men put a machine into motion, it is impossible for them to stop it exactly where they would choose, or to say where it will stop. That the constitution we have is an excellent one, if we can keep it where it is; that it was, indeed, supposed there was a party disposed to change it into a monarchical form, but that he could conscientiously declare there was not a man in the United States who would set his face more decidedly against it than himself. Here I interrupted him by saying, "No rational man in the United States suspects you of any other disposition ; but there does not pass a week, in which we cannot prove declarations dropping from the monarchical party that our government is good for nothing, is a milk and water thing which cannot support itself, we must knock it down, and set up something of more energy." He said if that was the case, he thought it a proof of their in sanity, for that the republican spirit of the Union was so manifest and so solid, that it was astonishing how any one could expect to move it. He returned to the difficulty of naming my successor; 164 ANAS of THOMAS JEFFERSON. 1793 he said Mr. Madison would be his first choice, but that he had always expressed to him such a decision against public office, that he could not expect he would under take it. Mr. Jay would prefer his present office. He said that Mr. Jay had a great opinion of the talents of Mr. King; that there was also Mr. Smith of South Caro lina, and B. Rutledge; but he observed, that name whom he would, some objections would be made, some would be called speculators, some one thing, some an other; and he asked me to mention any characters oc curring to me. I asked him if Governor Johnson of Maryland had occurred to him? He said he had; that he was a man of great good sense, an honest man, and he believed, clear of speculations; but this, says he, is an instance of what I was observing; with all these quali fications, Governor Johnson, from a want of familiarity with foreign affairs, would be. in them like a fish out of water ; everything would be new to him, and he awkward in everything. I confessed to him that I had considered Johnson rather as fit for the Treasury Department. Yes, says he, for that he would be the fittest appoint ment that could be made; he is a man acquainted with figures, and having as good a knowledge of the resources of this country as any man. I asked him if Chancellor Livingston had occurred to him? He said yes; but he was from New York, and to appoint him while Hamilton was in, and before it should be known he was going out, would excite a newspaper conflagration, as the ultimate \ arrangement would not be known. He said McLurg had occurred to him as a man of first-rate abilities, but it is said that he is a speculator. He asked me what sort of a man Wolcott was. I told him I knew nothing of him myself ; I had heard him characterized as a cunning man. I asked him whether some person could not take 1793 ANAS of THOMAS JEFFERSON. 165 my office par interim, till he should make an appoint ment? as Mr. Randolph, for instance. Yes, says he, but there you would raise the expectation of keeping it, and I do not know that he is fit for it, nor what is thought of Mr. Randolph. I avoided noticing the last observa tion, and he put the question to me directly. I then told him, I went into society so little as to be unable to answer it : I knew that the embarrassments in his private affairs had obliged him to use expedients, which had injured him with the merchants and shop-keepers, and affected his character of independence; that these em barrassments were serious, and not likely to cease soon. He said if I would only stay in till the end of another quarter (the last of December) it would get us through the difficulties of this year, and he was satisfied that the affairs of Europe would be settled with this campaign; for that either France would be overwhelmed by it, or the confederacy would give up the contest. By that time, too, Congress will have manifested its character and view. I told him that I had set my private affairs in motion in a line which had powerfully called for my presence the last spring, and that they had suffered immensely from my not going home; that I had now calculated them to my return in the fall, and to fail in going then, would be the loss of another year and prejudicial beyond measure. I asked him whether he could not name Governor Johnson to my office, under an express arrangement that at the close of the session he should take that of the Treasury. He said that men never chose to descend ; that being once in a higher de partment, he would not like to go into a lower one. He asked me whether I could not arrange my affairs by going home. I told him I did not think the public busi ness would admit of it; that there never was a day now 166 ANAS of THOMAS JEFFERSON 1793 in which the absence of the Secretary of State would not be inconvenient to the public. And he concluded by desiring that 1 would take two or three days to consider whether 1 could not stay in till the end of another quar ter, for that like a man going to the gallows, he was willing to put it off as long as he could; but if I per sisted, he must then look about him and make up his mind to do the best he could ; and so he took leave. August 20th. We met at the President s to examine by paragraphs the draught of a letter 1 had prepared to Gouverneur Morris on the conduct of Mr. Genet. There was no difference of opinion on any part of it, except on this expression, "An attempt to embroil both, to add still another nation to the enemies of his c v ntry, and to draw n both a reproach which it is hoped will never stain the history of either, that of liberty warring on herself." Hamilton moved to strike out these words, "that of liberty warring on herself." He urged generally that it would give offence to the combined powers; that it amounted to a declaration that th y were warring on liberty: that we were not called on to declare that the cause of France was that of liberty ; that he had at first been with them with all his heart, but that he had long since left them, and was not for encouraging the idea here, that the cause of France was the cause of liberty in general, or could have either connection or influence in our affairs. Knox, according to custom, jumped plump into all his opinions. The President, with a good deal of positiveness, declared in favor of the expression; that he considered the pursuit of France to be that of liberty, however they might sometimes fail of the best means of obtaining it ; that he had never at any time entertained a doubt of their ultimate success, if they hung well together ; 1793 ANAS of THOMAS JEFFERSON. 167 and that as to their dissensions, there were such con tradictory accounts given, that no one could tell what to believe. I observed that it had been supposed among us all along that the present letter might become pub lic; that we had therefore three parties to attend to, 1st, France ; 2d, her enemies ; 3d, the people of the United States ; that as to the enemies of France, it ought not to offend them, because the passage objected to, only spoke of an attempt to make the United States, a free nation, war on France, a free nation, which would be liberty war ring against liberty; that as to France, we were taking so harsh a measure (desiring her to recall her minister) that a precedent for it could scarcely be found ; that we knew that minister would represent to his government that our executive was hostile to liberty, leaning to monarchy, and would endeavor to parry the charges on himself, by rendering suspicions the source from which they flowed; that, therefore, it was essential to satisfy France, not only of our friendship to her, but our attachment to the general cause of liberty, and to hers in particular; that as to the people of the United States, we know there were suspicions abroad that the executive, in some of its parts, was tainted with a hankering after monarchy, an indisposition towards liberty, and towards the French cause ; and that it was important, by an explicit declara tion, to remove these suspicions, and restore the con fidence of the people in their government. Randolph opposed the passage on nearly the same ground with Hamilton. He added, that he thought it had been agreed that this correspondence should contain no ex pressions which could give offence to either party. I replied that it had been my opinion in the beginning of the correspondence, that while we were censuring the conduct of the French minister, we should make the 168 ANAS of THOMAS JEFFERSON. 1793 most cordial declarations of friendship to them; that in the first letter or two of the correspondence, I had in serted expressions of that kind, but that himself and the other two gentlemen had struck them out; that I there upon conformed to their opinions in my subsequent let ters, and had carefully avoided the insertion of a single term of friendship to the French nation, and the letters were as dry and husky as if written between the generals of two enemy nations; that on the present occasion, however, it h^ d been agreed that such expressions ought to be inserted in the letter now under consideration, and I had accordingly charged it pretty well with thim; that I had further thought it essential to satisfy the French and our own citizens of the light in which we viewed their cause, and of cur fellow feeling for the general cause of liberty, and had ventured only four words on the subject; that there was not from beginning to end of the letter one other expression or word in favor of liberty, and I should think it singular at least, if the single passage of that character should be struck out. The President again spoke. He came into the idea that attention was due to the two parties who had been mentioned, France and the United States; that as to the former, thinking it certain their affairs would issue in a government of some sort of considerable freedom it was the only nation with whom our telations could be counted on ; that as to the United States, there could be no doubt of their universal attachment to the cause of France, arid of the solidity of their republicanism. He declared his strong attachment to the expression, but finally left it to us to accommodate. It was struck out, of course, and the expressions of affection in the con text were a good deal taken down. 1793 ANAS of THOMAS JEFFERSON. 169 August 23d, 1793. In consequence of my note of yes terday to the President, a meeting was called this day at his house to determine what should be done with the proposition of France to treat. The importance of the matter was admitted; and being of so old a date as May 22d, we might be accused of neglecting the interests of the United States, to have left it so long unanswered, and it could not be doubted Mr. Genet would avail him self of this inattention. The President declared it had not been inattention, that it had been the subject of conversation often at our meetings, and the delay had proceeded from the difficulty of the thing. If the struggles of France should end in the old des potism, the formation of such a treaty with the present government would be a matter of offence; if it should end in any kind of free government, he should be very unwilling, by inattention to their advances, to give offence, and lose the opportunity of procuring terms so advantageous to our country. He was, therefore, for writing to Mr. Morris to get the powers of Mr. Genet renewed to his successor. (As he had expressed this opinion to nit- the afternoon before, I had prepared the draught of a letter accordingly.) Rut how to explain the delay? The Secretary of the Treasury observed on the letter of the National Convention, that as it did not seem to require an answer, and the matters it contained would occasion embarrassment if answered, he should be against answering it; that he should be for writing to Mr. Morris, mentioning our readiness to treat with them, and suggesting a renewal of Mr. Genet s powers to his successor, but not in as strong terms as I had done in my draught of the letter not as a thing anxiously wished for by us, lest it should suggest to them the asking a price; and he was for my writing to Mr. Genet now, an 170 ANAS of THOMAS JEFFERSON. 1793 answer to his letter of May 22d, referring to the meeting of the Senate the entering on the treaty. Knox con curred with him, the Attorney General also, except that he was against suggesting the renewal of Mr. Genet s powers, because that would amount to a declaration that we would treat with that government, would com mit us to lay the subject before the Senate, and his principle had ever been to do no act, not unavoidably necessary, which, in the event of a counter revolution, might offend the future governing powers of that coun try. I stated to them that having observed from our conversations that the propositions to treat might not. be acceded to immediately, I had endeavored to prepare Mr. Genet for it, by taking occasion in conversations to apprize him of the control over treaties which our constitution had given to the Senate; that though this was indirectly done, (because not having been authorized to say anything official on the subject, I did not ven ture to commit myself directly,) yet, on some subsequent conversation, I found it had struck him exactly as I had wished; for, speaking on some other matter, he mentioned incidentally his propositions to treat, and said, however, as I know now that you cannot take up that subject till the meeting of the Senate, I shall say no more about it now, and so proceeded with his other subject, which I do not now recollect. I said I thought it possible by recalling the substance of these conver sations to Mr. Genet, in a letter to be written now, I might add that the Executive had at length come to a conclusion, that on account of the importance of the matter, they would await the meeting of the Senate; but I pressed strongly the urging Mr. Morris to procure a renewal of Genet s powers, that we might not lose the chance of obtaining so advantageous a treaty. Edmund 1793 ANAS of THOMAS JEFFERSON. 171 Randolph had argued against our acceding to it, be cause it was too advantageous; so much so that they would certainly break it, and it might become the cause of war. I answered that it would be easy, in the course of the negotiation, to cure it of it s inequality by giving some compensation; but I had no fear of their revoking it, that the islanders themselves were too much inter ested in the concessions ever to suffer them to be re voked ; that the best thinkers in France had long been of opinion that it would be for the interest of the mother country to let the colonies obtain subsistence wherever they could cheapest; that I was confident the present struggles in France would end in a free government of some sort, and that such a government would consider itself as growing out of the present one, and respect its treaties. The President recurred to the awkwardness of writing a letter now to Mr. Genet, in answer to his of May 22d ; that it would certainly be construed as merely done with a design of exculpation of ourselves, and he would thence inculpate us. The more we reflected on this, the more the justice of this observation struck us. Hamilton and myself came into it Knox still for the letter Randolph half for it, half against it, according to custom. It was at length agreed I should state the substance of my verbal observations to Mr. Genet, in a letter to Mr. Morris, and let them be considered as the answer intended; for being from the Secretarv of State, they might be considered as official, though not in writing. It is evident that taking this ground for their future justification to France^and to the United States, they were sensible they had censurably neglected these over tures of treaty ; for not only what I had said to Mr. Genet was without authority from them, but was never com- 172 ANAS of THOMAS JEFFERSON. 1793 municated to them till this day. To rest the justifica tion of delay on answers given, it is true in time; but of which they had no knowledge till now, is an ostensible justification only. September 4tk, 1793. At a meeting held some days ago, some letters from the Governor of Georgia were read, in which a consultation of officers, and a consider able expedition against the Creeks was proposed. We were all of opinion no such expedition should be under taken. My reasons were that such a war might bring on a Spanish, and even an English war; that for this reason the aggressions of the Creeks had been laid be fore the last Congress, and they had not chosen to de clare war, that therefore the Executive should not take on itself to do it ; and that according to the opinions of Pickens and Blount, it was too late in the season. I thought, however, that a temperate and conciliatory letter should be written to the Governor, in order that we might retain the disposition of the people of the State to assist in an expedition when undertaken. The other gentlemen thought a strong letter of disapprobation should be written. Such a one was this day produced, strong and reprehendatory enough, in which I thought were visible the personal enmities of Knox and Hamil ton, against Telfair, Gun, and Jackson the two last having been of the council of officers. The letter passed without objection, being of the complexion before de termined. Wayne s letter was read, proposing that six hundred militia should set out from Fort Pitt to attack certain Miami towns, while he marched against the principal towns. The President disapproved it, because of the difficulty of concerted movements at six hundred miles 1793 ANAS of THOMAS JEFFERSON. 173 distance; because these six hundred men might, and probably would have the whole force of the Indians to contend with; and because the object was not worth the risking such a number of men. We all concurred. It appeared to me, further, that to begin an expedition from Fort Pitt, the very first order for which is to be given now, when we have reason to believe Wayne ad vanced as far as Fort Jefferson, would be either too late for his movements, or would retard them very in juriously. Note. The letters from the Commissioners were now read, announcing the refusal of the Indians to treat, unless the Ohio were made the boundary, and that they were on their return. A letter from Governor Clinton read, informing of his issuing a warrant to arrest Governor Galbaud, at the request of the French Consul, and that he was led to interfere because the judge of the district lived at Al bany. It was proposed to write to the judge of the dis trict, that the place of his residence was not adapted to his duties; and to Clinton, that Galbaud was not liable to arrest. Hamilton said, that by the laws of New York, the Governor has the powers of a justice of peace, and had issued the warrant as such. I was against writing letters to judiciary officers. I thought them independent of the Executive, not sub ject to its coercion, and, therefore, not obliged to attend to its admonitions. The other three were for writing the letters. They thought it the duty of the President to see that the laws were executed; and if he found a failure in so important an officer, to communicate it to the legislature for im peachment. Edmund Randolph undertook to write ^the letters, and I am to sign them as if mine. The President brought 174 ANAS of TOHMAS JEFFERSON. 1793 forward the subject of the ports, and thought a new demand of answer should be made to Mr. Hammond. As we had not Mr. Hammond s last answer (of June 20th) on that subject, agreed to let it lie oyer to Monday. Hamilton proposed that on Monday we should take into consideration the fortification of the rivers and ports of the United States, and that though the Executive could not undertake to do it, preparatory surveys should be made to be laid before Congress, to be considered on Monday. The letters to Genet covering a copy of mine to Gov. Morris of to the French consuls, threatening the revocation of their Exequaturs to Mr. Pinckney on the additional instructions of Great Britain to their navy for shipping our corn, flour, &c., and to Gov. Morris on the similar order of the French National Assembly, are to be ready on Monday. My letter to Mr. Hammond, in answer to his of August 30th, was read and approved. Hamilton wished not to narrow the ground of compensation so much as to cases after August 7th. Knox joined him, and by sev eral observations showed he did not know what the question was. He could not comprehend that the letter of August 7th, which promised compensation (because we had not used all the means in our power for restrict ing), would not be contradicted by a refusal to com pensate in cases after August 7th, where we should naturally use all the means in our power for restriction, and these means should be insufficient. The letter was agreed to on Mr. Randolph s opinion and mine; Ham ilton acquiescing, Knox opposing. J November 8th, 1793. At a conference at the Presi dent s where I read several letters of Mr. Genet, on 1793 ANAS of THOMAS JEFFERSON. 175 finishing one of them, I asked what should be the answer? The President thereupon took occasion to observe, that Mr. Genet s conduct continued to be of so extraordinary a nature, that he meant to propose to our serious con sideration, whether he should not have his functions dis continued, and be ordered away? ^ He went lengthily into observations on his conduct, to raise against the executive, 1, the people; 2, the^State governments; 3, the Congress. He showed he felt the venom of Genet s pen, but declared he would not choose his insolence should be regarded any further than as might be thought to affect the honor s of the country. Hamilton and Knox readily and zealously argued for dismissing Mr. Genet. Randolph opposed it with firmness, and pretty lengthily. The President replied to him lengthily, and concluded by saying he did not wish to have the thing hastily de cided, but that we should consider of it, and give our opinions on his return from Reading and Lancaster. Accordingly, November ISth, we met at his house, read new volumes of Genet s letters, received since the President s departure; then took up the discussion of the subjects of communication to Congress. 1. The Proclamation. E. Randolph read the statement he had prepared. Hamilton did not like it ; said much about his own views ; that the President had a right to declare his opinion to our citizens and foreign nations; that it was not the interest of this country to join in the war, and that we were under no obligation to join in it; that though the declaration would not legally bind Congress, yet the President had a right to give his opinion of it, and he was against any explanation in the speech, which should yield; that he did not intend that foreign nations should consider it as a declaration of neutrality, future as well as present; that he understood it as meant to 176 ANAS of THOMAS JEFFERSON. 1793 give them that sort of assurance and satisfaction, and to say otherwise now, would be a deception on them. He was for the President s using such expressions, as should neither affirm his right to make such a declara tion to foreign nations, nor yield it. Randolph and myself opposed the right of the President to declare any thing future on the question, shall there or shall there not be war, and that no such thing was intended; that Hamilton s construction of the effect of the proclama tion, would have been a determination of the question of the guarantee, which we both denied to have intended, and I had at the time declared the executive incompe tent to. Randolph said he meant that foreign nations should understand it as an intimation of the President s opinion that neutrality would be our interest. I de clared my meaning to have been, that foreign nations should understand no such thing; that on the contrary, I would have chosen them to be doubtful, and to come and bid for our neutrality. I admitted the President having received the nation at the close of Congress in a state of peace, was bound to preserve them in that state till Congress should meet again, and might proclaim anything which went no farther. The President de clared he never had an idea that he could bind Congress against declaring war, or that anything contained in his proclamation could look beyond the first day of their meeting. His main view was to keep our people in peace ; he apologized for the use of the term neutrality in his answers, and justified it, by having submitted the first of them (that to the merchants, wherein it was used) to our consideration, and we had not objected to the term. He concluded in the end, that Colonel Hamilton should prepare a paragraph on this subject for the speech, and 1793 ANAS of THOMAS JEFFERSON. 177 it should then be considered. We were here called to dinner. After dinner, the r envoi of Genet was proposed by himself. 1 opposed it on these topics. France, the only nation on earth sincerely our friend. The measure so harsh a one, that no precedent is produced where it has not been followed by war. Our messenger has now been gone eighty-four days; consequently, we may hourly expect the return, and to be relieved by their revocation of him. Were it now resolved on, it would be eight or ten days before the matter on which the order should be founded, could be selected, arranged, dis cussed, and forwarded. This would bring us within four or five days of the meeting of Congress. Would it not be better to wait and see how the pulse of that body, new as it is, would beat. They are with us now, prob ably, but such a step as this may carry many over to Genet s side. Genet will not obey the order, &c., &c. The President asked me what I would do if Genet sent the accusation to us to be communicated to Congress, as he threatened in the letter to Moultrie ? I said I would not send it to Congress; but either put it in the newspapers, or send it back to him to be published if he pleased. Other questions and answers were put and returned in a quicker altercation than I ever before saw the President use. Hamilton was for the r envoi; spoke much of the dignity of the nation; that they were now to form their character; that our conduct now would tempt or deter other foreign ministers from treating us in the same manner; touched on the President s personal feelings; did not believe France would make it a cause of war; if she did we ought to do what was right,and meet the consequences, &c. Knox on the same side, and said he thought it very possible Mr. Genet would either de- 178 ANAS of THOMAS JEFFERSON. 1793 clare us a department of France, or levy troops here and endeavor to reduce us to obedience. Randolph of my opinion, and argued chiefly on the resurrection of popu larity to Genet, which might be produced by this meas ure. That at present he was dead in the public opinion, if we would but leave him so. The President lamented there was not unanimity among us; that as it was, we had left him exactly where we found him; and so it ended. November 15th, 1793. E. Randolph tells me, that Hamilton, in conversation with him yesterday, said, "Sir, if all the people in America were now assembled, and to call on me to say whether I am a friend to the French revolution, I would declare that I have it in abhorrence." > November 21st. We met at the President s. The manner of explaining to Congress the intentions of the proclamation, was the matter of debate. Randolph produced his way of stating it. This expressed its views to have been, 1, to keep our citizens quiet; 2, to intimate to foreign nations that it was the President s opinion, that the interests and dispositions of this coun try were for peace. Hamilton produced his statement, in which he declared his intention to be/ to say nothing which could be laid hold of for any pupose; to leave the proclamation to explain itself. He entered pretty fully into all the argumentation of Pacificus; he justified the right of the President to declare his opinion for a future neutrality, and that there existed no circumstances to oblige the United States to enter into the war on account of the guarantee; and that in agreeing to the proclama tion, he meant it to be understood as conveying both 1793 ANAS of THOMAS JEFFERSON. 179 those declarations; viz. neutrality, and that the casus foederis on the guarantee did not exist. Notwithstand ing these declarations of the President, he admitted the Congress might declare war. In like manner, they might declare war in the face of a treaty, and in direct infraction of it. Among other positions laid down by him, this was with great positiveness, that the consti tution having given power to the President and Senate to make treaties, they might make a treaty of neutrality which should take from Congress the right to declare war in that particular case, and that under the form o a treaty they might exercise any powers whatever, even those exclusively given by the constitution to the House of Representatives. Randolph opposed this position, and seemed to think that where they undertook to do acts by treaty, (as to settle a tariff of duties,) which were exclusively given to the Legislature, that an act of the Legislature would be necessary to confirm them, as happens in England, when a treaty interferes with duties established by law. I insisted that in giving to the President and Senate a power to make treaties, the con stitution meant only to authorize them to carry into effect, by way of treaty, any powers they might con stitutionally exercise. I was sensible of the weak points in this position, but there were still weaker in the other hypothesis ; and if it be impossible to discover a rational measure of authority to have been given by this clause, I would rather suppose that the cases which my hy pothesis would leave unprovided, were not thought of by the Convention, or if thought of, could not be agreed on, or were thought on and deemed unnecessary to be in vested in the government. Of this last description,* were treaties of neutrality, treaties offensive and defensive, &c. In every event, I would rather construe so nar- 180 ANAS of THOMAS JEFFERSON. 1793 rowly as to oblige the nation to amend, and thus declare what powers they would agree to yield, than too broadly, and indeed, so broadly as to enable the executive and Senate to do things which the constitution forbids. On the question, which form of explaining the principles of the proclamation should be adopted, I declared for Randolph s, though it gave to that instrument more objects than I had contemplated. Knox declared for Hamilton s. The President said he had had but one object, the keeping our people quiet till Congress should meet; that nevertheless, to declare he did not mean a declaration of neutrality, in the technical sense of the phrase, might perhaps be crying pec cam before he was charged. However, he did not decide between the two draughts. November 23d. At the President s. Present, Knox, Randolph, and Th: JefTerson. vSubject, the heads of the speech. One was, a proposition to Congress to fortify the principal harbors. I opposed the expediency of the General Government s undertaking it, and the expedi ency of the President s proposing it. It was amended by substituting a proposition to adopt means for en forcing respect to the jurisdiction of the United States within its waters. It was proposed to recommend the establishment of a military academy. I objected that none of the specified powers given by the constitution to Congress, would authorize this. It was, therefore, referred for further consideration and inquiry. Knox was for both propositions. Randolph against the for mer, but said nothing as to the latter. The President acknowledged he had doubted of the expediency of under taking the former ; and as to the latter, though it would be a good thing, he did not wish to bring on anything 1793 ANAS of THOMAS JEFFERSON. 181 which might generate heat and ill humor. It was agreed that Randolph should draw the speech and the messages November 28th. We met at the President s. I read over a list of the papers copying, to be com municated to Congress on the subject of Mr. Genet. It was agreed that Genet s letter of August 13th to the President, mine of August 16th, and Genet s of November to myself and the Attorney General, desiring a prosecu tion of Jay and King should not be sent to the legisla ture : on a general opinion, that the discussion of the fact certified by Jay and King had better be left to the channel of the newspapers, and in the private hands in which it now is, than for the President to meddle in it, or give room to a discussion of it in Congress. E. Randolph had prepared a draught of the speech. The clause recommending fortifications was left out; but that for a military academy was inserted. I opposed it, as unauthorized by the constitution. Hamilton and Knox approved it without discussion. Randolph was for it, saying that the words of the constitution author izing Congress to lay taxes, &c., for the common defence, might comprehend it. The President said he would not choose to recommend anything against the consti tution, but if it was doubtful, he was so impressed with the necessity of this measure, that he would refer it to Congress, and let them decide for themselves whether the constitution authorized it or not. It was, therefore left in. I was happy to see that Randolph had, by acci dent, used the expression "our republic," in the speech. The President, however, made no objection to it, and so, as much as it had disconcerted him on a former occasion with me, it was now put into his own mouth to be pro nounced to the two Houses of legislature. 182 ANAS of THOMAS JEFFERSON. 1793 No material alterations were proposed or made in any part of the draught. After dinner, I produced the draught of messages on he subject of France and England, proposing that that relative to Spain should be subsequent and secret. Hamilton objected to the draught in to to; said that the contrast drawn between the conduct of France and England amounted to a declaration of war. He denied that France had ever done us favors; that it was mean for a nation to acknowledge favors; that the dispositions of the people of this country towards France, he con sidered as a serious calamity; that the executive ought not, by an echo of this language, to nourish that dispo sition in the people; that the offers in commerce made us by France, were the offspring of the moment, of cir cumstances which would not last, and it was wrong to receive as permanent, things merely temporary; that he could demonstrate that Great Britain showed us more favors than France. In complaisance to him I whittled down the expressions without opposition ; struck out that of "favors ancient and recent" from France; softened some terms, and omitted some sentiments respecting Great Britain. He still was against the whole, but in sisted that, at any rate, it should be a secret communi cation, because the matters it stated were still depend ing. These were, 1, the inexecution of the treaty; 2, the restraining our corn commerce to their own ports and those of their friends. Knox joined Hamilton in every thing. Randolph was for the communications; that the documents respecting the 1st should be given in as public; but that those respecting the 2nd should not be given to the legislature at all, but kept secret. I be gan to tremble now for the whole, lest all should be kept secret. I urged, especially, the duty now incumbent on 1793 ANAS of THOMAS JEFFERSON. 183 the President, to lay before the legislature and the pnblic what had passed on the inexecution of the treaty, since Mr. Hammond s answer of this month might be con sidered as the last we should ever have ; that, therefore, it could no longer be considered as a negotiation pend ing. I urged that the documents respecting the stopping our corn ought also to go, but insisted that if it should be thought better to withhold them, the restrictions should not go to those respecting the treaty ; that neither of these subjects was more in the state of pendency than the recall of Mr. Genet, on which, nevertheless, no scruples had been expressed. The President took up the subject with more vehemence than I have seen him show, and decided without reserve, that not only what had passed on the inexecution of the treaty should go in as public, (in which Hamilton and Knox had divided in opinion from Randolph and myself,) but also that those respecting the stopping our corn should go in as public, (wherein Hamilton, Knox, and > Randolph had been against me). This was the first instance I had seen of his deciding on the opinion of one against that of three others, which proved his own to have been very strong. December 1st, 1793. Beckley tells me he had the fol lowing fact from Lear. Langdon, Cabot, and some others of the Senate, standing in a knot before the fire after the Senate had adjourned, and growling together about some measure which they had just lost; "Ah!" said Cabot, "things will never go right till you have a President for life, and an hereditary Senate." Langdon told this to Lear, who mentioned it to the President. The President seemed struck with it, and declared he had not supposed there was a man in the United States who could have entertained such an idea. 184 ANAS of THOMAS JEFFERSON. 1797 March 2d, 1797. I arrived at Philadelphia to qual ify as Vice- President, and called instantly on Mr. Adams, who lodged at Francis s, in Fourth street. The next morning he returned my visit at Mr. Madison s, where 1 lodged. He found me alone in my room, and shutting the door himself, he said he was glad to find me alone, for that he wished a free conversation with me. He entered immediately on an explanation of the situation of our affairs with France, and the danger of rupture with that nation, a rupture which would convulse the attachments of this country; that he was impressed with the necessity of an immediate mission to the Directory; that it would have been the first wish of his heart to have got me to go there, biit that he supposed it was out of the question, as it did not seem justifiable for him to send away the person destined to take his place iu case of accident to himself, nor decent to remove from com petition one who was a rival in the public favor. That he had, therefore, concluded to send a mission, which, by its dignity, should satisfy France, and by its se lection from the three great divisions of the continent, should satisfy all parts of the United States; in short, that he had determined to join Gerry and Madison to Pinckney, and he wished me to consult Mr. Madison for him. I told him that as to myself, I concurred in tr.e opinion of the nipropriety of my leaving the post assigned me, and that my inclinations, moreover, would never permit me to cross the Atlantic again ; that I would as he desired, consult Mr. Madison, but I feared it was desperate, as he had refused that mission on my leaving it, in General Washington s time, though it was kept open a twelvemonth for him. He said that if Mr. Madi- 1797 ANAS of THOMAS JEFFERSON. 185 son should refuse, he would still appoint him, and leave the responsibility on him. I consulted Mr. Madison, who declined as I expected. I think it was on Monday the 6th of March, Mr. Adams and myself met at dinner at General Washington s, and we happened, in the even ing, to rise from table and come away together. As soon as we got into the street, I told him the event of my negotiation with Mr. Madison. He immediately said, that, on consultation, some objections to that nomination had been raised which he had not contem plated; and was going on with excuses which evidently embarrassed him, when we came to Fifth street, where our road separated, his being down Market street, mine off along Fifth, and we took leave; and he never after that said one word to me on the subject, or ever con sulted me. as to any measures of the government? The opinion I formed at the time on this transaction, was, that Mr. Adams, in the first moments of the enthusiasm of the occasion, (his inauguration,) forgot party senti ments, and as he never acted on any system, but always governed by the feeling of the moment, he thought, for a moment, to steer impartially between the parties; that Monday, the 6th of March, being the first time he had met his cabinet, on expressing ideas of this kind, he had been at once diverted from them, and re turned to his former party views. July, 1797. Murray is rewarded for his services by an appointment to Amsterdam; W. Smith of Charleston, to Lisbon. August 24//?. About the time of the British treaty, Hamilton and Talleyrand, bishop of Autun, dined to gether, and Hamilton drank freely. Conversing on the 186 ANAS of THOMAS JEFFERSON. 1797 treaty, Talleyrand says "mais vraiment Monsieur Ham ilton, ce n est pas bien honnete, after making the Senate ratify the treaty, to advise the President to reject it." "The treaty/ says Hamilton, "is an execrable one, and Jay was an old woman for making it ; but the whole credit of saving us from it must be given to the Presi dent." After circumstances had led to a conclusion that the President also must ratify it, he said to the same Tal leyrand, "though the treaty is a most execrable one, yet when once we have come to a determination on it, we must carry it through thick and thin, right or wrong." Talleyrand told this to Volney, who told it to me. There is a letter now appearing in the papers from Pickering to Monroe, dated July the 24th, 1797, which I am satisfied is written by Hamilton. He was in Phila delphia at that date. October 13th, 1797. Littlepage, who has been on one or two missions from Poland to Spain, said that when Gardoqui returned from America, he settled with his court an account of secret service money of six hundred thousand dollars. Ex relatione Colonel Monroe. December 26th, 1797. Langdon tells me, that at the second election of President and Vice- President of the United States, when there was a considerable vote given to Clinton in opposition to Mr. Adams, he took occasion to^remark it in conversation in the Senate chamber with Mr. Adams, who, gritting his teeth, said, "damn em, damn em, damn em, you see that an elective govern ment will not do." He also tells me that Mr. Adams, in^a late conversation, said, "republicanism must be disgraced, Sir." The Chevalier Yruho called on him at 1798 ANAS of THOMAS JEFFERSON. 187 Braintree and conversing on French affairs, and Yruho expressing his belief of their stability, in opposition to Mr. Adams , the latter lifting up and shaking his ringer at him. said, "I ll tell you what, the French republic will not last three months." This I had from Yruho. Harper, lately in a large company, was saying that the best thing the friends of the French could do, was to pray for the restoration of their monarch. "Then," says a bystander, "the best thing we could do, I sup pose, would be to pray for the establishment of a mon arch in the United States." "Our people," says Harper "are not yet ripe for it, but it is the best thing we can come to, and we shall come to it." Something like this was said in presence of Findlay.* December 27th. Tenche Coxe tells me, that a little before Hamilton went out of office, or just as he was going out, taking with him his last conversation, and among other things, on the subject of their differences, "for my part," says he, "I avow myself a monarchist; 1 have no objection to a trial being made of this thing of a republic, but," c. January 5th, 1798. I receive a very remarkable fact indeed in our history, from Baldwin and Skinner. Be fore the establishment of our present government, a very extensive cotnbination had taken place in New York and the eastern States, among that description of people who were partly monarchical in principle, or frightened with Shay s rebellion and the impotence of the old Con- * Mar. 1798. He now denies it in the public papers though it can be proved by several members. T. J. 188 ANAS of THOMAS JEFFERSON. 1798 gress. Delegates in different places had actually had consultations on the subject of seizing on the powers of a government, and establishing them by force ; had cor responded with one another, and had sent a deputy to General Washington to solicit his co-operation. He calculated too well to join them. The new convention was in the meantime proposed by Virginia and appointed. These people believed it impossible the States should ever agree on a government, as this must include the impost and all the other powers which the States had, a thou sand times, refused to the general authority. They therefore let the proposed convention go on, not doubting its failure, and confiding that on its failure would be a still more favorable moment for their enterprise. They therefore wished it to fail, and especially, when Hamilton, their leader, brought forward his plan of government, failed entirely in carrying it, and retired in disgust from the convention. His associates then took every method to prevent any form of government being agreed to. But the well-intentioned never ceased trying, first one thing, then another, till they could get something agreed to. The final passage and adoption of the constitution completely defeated the views of the combination, and saved us from an attempt to establish a government over us by force. This fact throws a blaze of light on the conduct of several members from New York and the eastern States in the convention of Annapolis, and the grand convention. At that of Annapolis, several eastern members most vehemently opposed Madison s pro position for a more general convention, with more gen eral powers. They wished things to get more and more into confusion, to justify the violent measure they pro posed. The idea of establishing a government by rea- 1798 ANAS of THOMAS JEFFERSON. 189 soning and agreement, they publicly ridiculed as an Utopian project, visionary and unexampled. One of the Secretaries (says) that a resolution was formed to give no offence to any person who did not approve of the proceedings of the Executive, and that it was determined to recall Monroe whose conduct was not consonant with the views of the Executive. Davy said they expressed very hostile dispositions towards France, and he wished Logan to apprise Adet of it, who he observed was a good kind of man, ought to know it, and to put his government on their guard. February $th, 1798. Mr. Baldwin tells me, that in a conversation yesterday with Goodhue, on the state of our affairs, Goodhue said, "I ll tell you what, I have made up my mind on this subject; I would rathe* the old ship should go down than not;" (meaning the Union of the States.) Mr. Hillhouse corning up, "Well," says Mr. Baldwin, "I ll tell my old friend Hillhouse what you say;" and he told him. "Well," says Goodhue, "I repeat that I would rather the old ship should go down, if we are to be always kept pumping so." "Mr. Hill- house," says Baldwin, "you remember when we were learning logic together at school, there was the case categorical and the case hypothetical. Mr. Goodhue stated it to me first as the case categorical. 1 am glad to see that he now changes it to the case hypothetical, by adding, if we are always to be kept pumping so. " Baldwin went on then to remind Goodhue what an ad vocate he had been for our tonnage duty, (wanting to make it one dollar instead of fifty cents;) and how im patiently he bore the delays of Congress in proceeding to retaliate on Great Britain before Mr. Madison s pro- 190 ANAS of THOMAS JEFFERSON. 1798 positions came on; Goodhue acknowledged that his opinions had changed bince that. February 15th, 1798. I dined this day with Mr. Adams, (the President.) The company was large. After dinner I was sitting next to him, and our conversa tion was first on the enormous price of labor,* house rent, and other things. We both concurred in ascribing it chiefly to the floods of bank paper now afloat, and in condemning those institutions. We then got on the constitution; and in the course of our conversation he said, that no republic could ever last which had not a Senate, and a Senate deeply and strongly rooted, strong enough to bear up against all popular storms and pas sions; that he thought our Senate as well constituted as it could have been, being chosen by the legislatures; for if these could not support them, he did not know what could do it; that perhaps it might have been as well for them to be chosen by the State at large, as that would insure a choice of distinguished men, since none but such could be known to a whole people; that the only fault in our Senate was, that it was not durable enough; that hitherto, it had behaved very well; how ever, he was afraid they would give way in the end. That as to trusting to a popular assembly for the pre servation of our liberties, it was the merest chimera imaginable; they never had any rule of decision but their own will; that he would as lieve be again in the hands of our old committees of safety, who made the law and executed it at the same time; that it had been observed by some writer, (I forget whom he named,) that anarchy did more mischief in one night, than ty- * He observed, that eight or ten years ago, he gave only fifty dollars to a ommon laborer for his farm, finding him board and lodging. Now he gives ne hundred and fifty dollars, and even two hundred dollars to one. T. J. 1798 ANAS of THOMAS JEFFERSON. 191 ranny in an age ; and that in modern times we might say with truth, that in France, anarchy had done more harm in one night, than all the despotism of their Kings had ever done in twenty or thirty years. The point in which he views our Senate, as the collossus of the con stitution, serves as a key to the politics of the Senate, who are two-thirds of them in his sentiments, and ac counts for the bold line of conduct they pursue. March 1st. Mr. Tazewell tells me, that when the ap propriations for the British treaty were on the carpet, and very uncertain in the lower House, there being at that time a number of bills in the hands of committees of the Senate, none reported, and the Senate idle for want of them, he, in his place, called on the committees to report, and particularly on Mr. King, who was of most of them. King said that it was true the com mittees kept back their reports, waiting the event of the question about appropriation ; that if that was not car ried, they considered legislation as at an end; that they might as well break up and consider the Union as dis solved. Tazewell expressed his astonishment at these ideas, and called on King to know if he had misappre hended him. King rose again and repeated the same words. The next day Cabot took an occasion in de bate, and so awkard a one as to show it was a thing agreed to be done, to repeat the same sentiments in stronger terms, and carried further, by declaring a de termination on their side to break up and dissolve the government. March lllh. In conversation with Baldwin and Brown of Kentucky, Brown says that in a private com pany once, consisting of Hamilton, King, Madison, him- 192 ANAS of THOMAS JEFFERSON. 1798 self, and some one else making a fifth, speaking of the "federal government-" "Oh!" says Hamilton, "say the federal monarchy, let us call things by their right names, for a monarchy it is." Baldwin mentions at table the following fact . When the bank bill was under discussion in the House of Re presentatives, Judge Wilson came in, and was standing by Baldwin. Baldwin reminded him of the following fact which passed in the grand convention. Among the enumerated powers given to Congress, was one to erect corporations. It was, on debate, struck out. Several particular powers were then proposed. Among others, Robert Morris proposed to give Congress a power to es tablish a national bank. Gouverneur Morris opposed it, observing that it was extremely doubtful whether the constitution they were framing could ever be passed at all by the people of America; that to give it its best chance, however, they should make it as palatable as possible, and put nothing into it not very essential, which might raise up enemies; that his colleague (Robert Morris) well knew that "a bank" was, in their State, (Pennsylvania,) the very watch -word of party; that a bank had been the great bone of contention between the two parties of the State from the establishment of their constitution, having been erected, put down, and erected again, as either party preponderated; that there fore, to insert this power, would instantly enlist against the whole instrument, the whole of the anti-bank party in Pennsylvania. Whereupon it was rejected, as was every other special power, except that of giving copy rights to authors, and patents to inventors; the general power of incorporating being whittled down to this shred. Wilson agreed to the fact. Mr. Hunter of South Carolina, who lodges with 1798 ANAS of THOMAS JEFFERSON. 193 Rutledge (J. Rut ledge, junior), tells me that Rut- ledge was explaining to him the plan they proposed to pursue as to war measures when Otis carne in: Rutledge addressed Otis. Now, sir, says he, you must come forward with something liberal for the southern States, fortify their harbors, and build gal- lies, in order to obtain their concurrence. Otis said, we insist on convoys for our European trade, and guarda ccstaf, on which condition alone we will give them gallics and fortifications. Rutledge observed, that in the event of war, McHenry and Pickering must go out; Wolcott, he thought, might remain, but the others were incapable of conducting a war. Otis said the eastern people would never abandon Pickering, he must be re tained; McHenry might go. They considered together whether General Pinckney would accept the office of Secretary of War. They apprehended he would not. It was agreed in this conversation that Sewall had more the ear of the President than any other person. March 12th. When the bill for appropriations was before the Senate, Anderson moved to strike out a clause recognizing (by way of appropriation) the appointment of a committee by the House of Representatives, to sit during their recess to collect evidence on Blount s case, denying they had power, but by a law, to authorize a committee to sit during recess. Tracy advocated the motion, and said, "We may as well speak out. The com mittee was appointed by the House of Representatives to take care of the British minister, to take care of the Spanish minister, to take care of the Secretary of State, in short, to take care of the President of the United States. They were afraid the President and Secretary of State would not perform the office of collecting evi- 194 ANAS of THOMAS JEFFERSON. 1798 dence faithfully; that there would be collusion, &c. Therefore, the House appointed a committee of their own. We shall have them next sending a committee to Europe to make a treaty, &c. Suppose that the House of Representatives should resolve, that after the adjournment of Congress, they should continue to sit as a committee of the whole House during the whole recess." This shows how the appointment of that com mittee has been viewed by the President s friends. April 5th. Doctor Rush tells me he had it from Mrs. Adams, that not a scrip of a pen has passed between the late and present President since he came into office. April IZth. New instructions of the British govern ment to their armed ships now appear, which clearly infringe their treaty with us, by authorizing them to take our vessels carrying produce of the French colonies from those colonies to Europe, and to take vessels bound to a blockaded port. See them in Brown s paper, of April the 18th, in due form. The President has sent a government brig to France, probably to carry despatches. He has chosen as the bearer of these one Humphreys, the son of a ship car penter, ignorant, under age, not speaking a word of French, most abusive of that nation, whose only merit is, the having mobbed and beaten Bache on board the frigate built here, for which he was indicted and pun ished by fine. April 25th. At a dinner given by the bar to the fed eral judges, Chase and Peters; present about twenty - four lawyers, and William Tilghman ill the chair, this toast was given, "Our King in old England." Observe 1799 ANAS of THOMAS JEFFERSON. 195 the double entendre on the word King. Du Ponceau, who was one of the bar present, told this to Tenche Coxe, who told me in presence of H. Tazewell. Dallas was at the dinner; so was Colonel Charles Sims, of Alex andria, who is here on a lawsuit vs. General Irving. May 3d. The President some time ago appointed Steele, of Virginia, a commissioner to the Indians, and now Secretary of the Mississippi Territory. Steele was a Counsellor of Virginia, and was voted out by the Assembly because he turned tory. He then offered for Congress, and was rejected by the people. Then offered for the Senate of Virginia, and was rejected. The Presi dent has also appointed Joseph Hopkinson commissioner to make a treaty with the Oneida Indians. He is a youth of about twenty-two or twenty- three, and has no other merit than extreme toryism and the having made a poor song to the tune of the President s March. January, 1799. In a conversation between Dr. Ewen and the President, the former said one of his sons was an aristocrat, the other a democrat. The President asked if it was not the youngest who was the democrat. "Yes," said Ewen. "Well," said the President, "a boy of fifteen who is not a democrat is good for nothing, and he is no better who is a democrat at twenty." Ewen told Hurt, and Hurt told me. January \-\th. Logan tells me that in his conversa tion with Pickering on his arrival, the latter abused Gerry very much; said he was a traitor to his country, and had deserted the post to which he was appointed; 196 ANAS of THOMAS JEFFERSON. 1800 that the French temporized at first with Pinckney, but found him too much of a man for their purpose. Logan observing, that notwithstanding the pacific declarations of France, it might still be well to keep up the inilitary ardor of our citizens, and to have the militia in good order; "the militia," said Pickering, "the militia never did any good to this country, except in the single affair of Bunker Hill; that we must have a standing army of fifty thousand men, which being stationed in different parts of the continent, might serve as rallying points for the militia, and so render them of some service." In his conversation with Mr. Adams, Logan mentioned the willingincss of the French to treat with Gerry. "And do you know why," said Mr. Adams. "Why, sir?" said Logan. "Because," said Mr. Adams, "they know him to have been an anti-federalist, against the consti tution." January 2d, 1800. Information from Tenche Coxe. Mr. Liston had sent two letters to the Governor of Can ada by one Sweezy. He had sent copies of them, to gether with a third (original) by one Cribs. Sweezy was arrested (being an old horse thief), and his papers examined. T. Coxe had a sight of them. As soon as a rumor got out that there were letters of Mr. Liston dis closed, but no particulars yet mentioned, Mr. Liston suspecting that Cribs had betrayed him, thought it best to bring all his three letters, and lay them before Picker ing, Secretary of State. Pickering thought them all very innocent. In hio office they were seen by a Mr. Hodgden of New Jersey, commissary ^of military stores, and the intimate friend of Pickering, lit happens that there is some land partnership between Pickering 1800 ANAS of THOMAS JEFFERSON. 197 Hodgden and Coxe, so that the latter is freely and in timately visited bv Hodgden, who, moreover, speaks freely with him on political subjects. They were talking the news of the day, when Mr. Coxe ob served that these intercepted letters of Liston were serious things; (nothing being yet out but a gen eral rumor). Hodgden asked which he thought the most serious. Coxe said the second; (for he knew yet of no other). Hodgden said he thought little of any of them, but that the third was the most exceptionable. This struck Coxe, who, not be traying his ignorance of a third letter, asked generally what part of that he alluded to. Hodgden said to that wherein he assured the Governor of Canada, that if the French invaded Canada, an army would be marched from these States to his assistance. After this it became known that it was Sweezy who was arrested, and not Cribs; so that Mr. Liston had made an unnecessary dis closure of his third letter to Mr. Pickering, who, how ever, keeps his secret for him. In the beginning of the conversation between Hodgden and Coxe, Coxe hap pened to name Sweezy as the bearer of the letters. "That s not his name," says Hodgden (for he did not know that two of the letters had been sent by Sweezy also), "his name is Cribs." This put Coxe on his guard, and sent him to fishing for the new matter. January 10th. Doctor Rush tells me that he had it from Samuel Lynian, that during the X Y Z Congress; the federal members held the largest caucus they ever had, at which he was present, and the question was pro posed and debated, whether they should declare was 198 ANAS of THOMAS JEFFERSON. 1800 against France, and determined in the negative. Lyman was against it. Pie tells me that Mr. Adams told him, that when he came on in the fall to Trenton, he was there surrounded constantly by the opponents of the late mission to France. That Hamilton pressing him to delay it, said "Why, sir, by Christmas, Louis the XVIII will be seated on his throne." Mr. Adams, "By whom?" Hamilton, "By the coalition." Mr. Adams, "Ah! then farewell to the independence of Europe. If a coalition moved by the finger of England, is to give a government to France, there is an end to the independence of every country." January }2th. General Samuel Smith says that Pickering, Wolcott, and McHenry, wrote a joint letter from Trenton to the President, then at Braintree, dis suading him from the mission to France. Stoddard re fused to join in it. Stoddard says the instructions are such, that if the Directory have any disposition to re conciliation, a treaty will be made. He observed to him, also, that Ellsworth looks beyond this mission to ^ the Presidential chair. That with this view, he will endeavor to make a treaty, and a good one. That Davie has the same vanity and views. All this com municated by Stoddard to S. Smith. January 13th. Baer and Harrison G. Otis told J. Nicholas, that in the caucus mentioned ante 10th, there / wanted but five votes to produce a declaration of war. Baer was against it. January 19//t. W. C. Nicholas tells me, that in a con versation with Dexter three or four days ago, he asked 1800 ANAS of THOMAS JEFFERSON. 199 Dexter whether it would not be practicable for the States to agree on some uniform mode of choosing elec tors of President. Dexter said, "1 suppose you would prefer an election by districts." "Yes," said Nicholas, "I think it would be best, but would nevertheless agree to any other consistent with the constitution." Dexter said he did not know what might be the opinion of his State, but his own was, that no mode of election would answer any good purpose; that he should prefer one for life. "On that reasoning," said Nicholas, "you should prefer an hereditary one." "No," he said, "we are not ripe for that yet." "1 suppose," added he, "this doctrine is not very popular with you." "No," said Nicholas, "it would effectually damn any man in my State." "So it would in mine," said Dexter; "but I am under no in ducement to belie my sentiment, I have nothing to ask from anybody ; I had rather be at home than here, there fore I speak my sentiments freely." Mr. Nicholas, a little before or after this, made the same proposition of a uniform election to Ross, who replied that he saw no good in any kind of election. "Perhaps," said he, "the present one may last awhile." On the whole, Mr. Nicholas thinks he perceives in that party, a willingness and a wish to let everything go from bad to worse, to amend nothing, in hopes it may bring on confusion, and open a door to the kind of govern ment they wish. In a conversation with Gunn, who goes with them, but thinks in some degree with us, Gunn told him that the very game which the minority of Penn sylvania is now playing with McKean, (see substitute of minority in lower House, and address of Senate in upper), was meditated by the same party in the federal govern ment in case of the election of a republican President ; and that the eastern States would in that case throw things 200 A/VAS of THOMAS JEFFERSON. 1800 into confusion, and break the Union. That they have in a great degree got rid of their paper, so as no longer to be creditors, and the moment they cease to enjoy the plunder of the immense appropriations now exclusively theirs, they would aim at some other order of things. January 24th. Mr. Smith, a merchant of Hamburg, gives me the following information. The St. Andrew s Club of New York, (all of Scotch tories,) gave a public dinner lately. Among other guests, Alexander Hamil ton was one. After dinner, the first toast was, "The President of the United States." It was drunk without any particular approbation. The next was, "George the Third." Hamilton started up on his feet, and in sisted on a bumper and three cheers. The whole com pany accordingly rose and gave the cheers. One of them, though a federalist, was so disgusted at the par tiality shown by Hamilton to a foreign sovereign over his own President, that he mentioned it to a Mr. Sch wart- house, an American merchant of New York, who men tioned it to Smith. Mr. Smith also tells me, that calling one evening on Mr. Evans, then Speaker of the House of Representa tives of Pennsylvania, and asking the news, Evans said Harper had been just there, and speaking of the Presi dent s setting out to Braintree, said, "he prayed to God that his horses might run away with him, or some other accident happen to break his neck before he reached Braintree." This was indignation at his having named Murray, &c., to negotiate with France. Evans ap proved of the wish. February 1st. Doctor Rush tells me that he had it from Asa Green, that when the clergy addressed General 1800 ANAS of THOMAS JEFFERSON. 201 Washington on his departure from the government, it was observed in their consultation, that he had never, on any occasion, said a word to the public which showed a belief in the Christian religion, and they thought they should so pen their address, as to force him at length to declare publicly whether he was a Christian or not. They did so. However, he observed, the old fox was too cunning for them. He answered every article of their address particularly except that, which he passed over without notice. Rush observes, he never did say a word on the subject in any of his public papers, except in his valedictory letter to the Governors of the States, when he resigned his commission in the army, wherein he speaks of "the benign influence of the Christian re ligion." I know that Gouverneur Morris, who pretended to be in his secrets and believed himself to be so, has often told me that General Washington believed no more of that system than he himself did. March, 1800. Heretical doctrines mantained in vSen- ate, on the motion against the Aurora. That there is in every legal body of men a right of self-preservation, authorizing them to do whatever is necessary for that purpose: by Tracy, Read, and Lawrence. That the common law authorizes the proceeding pro posed against the Aurora, and is in force here: by Read. That the privileges of Congress are and ought to be indefinite: by Read. Tracy says, he would not say exactly that the com mon law of England in all it s extent is in force here; but common sense, reason and morality, which are the found ations of the common law, are in force here, and estab lish a common law. He held himself so nearly half way 202 ANAS of THOMAS JEFFERSON. 1800 between the common law of England and what every body else has called natural law, and not common law, that he could hold to either the one or the other, as he should find expedient. Mar. 10, 1800. Woodbury Langdon proposes the following changes: Lylley the present marshal to be removed: a violent inveterate tory appointed by the influence of Rogers, former marshal. Has lately appointed a high toned federalist for his deputy. William Simmonds recom mended in his place by John and Woodbury Langdon. Rogers the supervisor to be removed. He was a violent revolutionary tory. He was the ringleader of the six teen towns on Connecticut River, who were prevailed on to join Vermont in going over to the British. He has spent half his time in electioneering activity. Still mounts and glories in an enormous cockade. Nathaniel Folsome to be naval officer vice Edward St. Loe. Livermore. March llth. Conversing with Mrs. Adams on the sub ject of the writers in the newspapers, I took occasion to mention that I never in my life had, directly or indi rectly, written one sentence for a newspaper; which is an absolute truth. She said that Mr. Adams, she believed, had pretty well ceased to meddle in the newspapers, since he closed the pieces on Davila. This is the first direct avowal of that work to be his, though long and universally understood to be so. Mr. Douse of Dedham in Massachusetts, of which town Fisher Ames is, corrects information I had formerly re ceived of the very great fortune made by Ames by specu lating in the funds. He believes he did a great deal for 1800 ANAS of THOMAS JEFFERSON. 203 his friends Gore and Mason; but that his own capital was so small that he could not do much for himself. He supposes him worth at present about 30,000 dollars, some of which, he doubts not, was made while in the legis lature, by speculation ; but that he has a practice at the bar worth about 1000 pounds a year lawful, and living frugally he lays by some of that. A great deal of his capital has been absorbed by building a very elegant house. He says he is a man of the most irritable and furious temper in the world ; a strong monarchist. March llth. The jury bill before the Senate. Mr. Read says that if from any circumstance of inaptitude the marshal cannot appoint a jury analogously with the state juries, the common law steps in and he may name them according to that. And Mar. 12. Same bill. Mr. Chipman speaking of the case of Vermont where a par ticular mode of naming jurors was in force under a for mer law of that state, when the law of the United States passed declaring that juries shall be appointed in their courts in the several states in the mode now in use in the same state. Vermont has since altered their mode of naming them. Mr. Chipman admits the federal courts cannot adopt the new mode, but in that case he says their marshal may name them according to the rules of the common law. Now observe that that is a part of the common law which Vermont had never adopted, but on the contrary had made a law of their own, bet ter suited to their circumstances. March 14th. Freneau, in Charleston, had the print ing of the laws in his paper. He printed a pamphlet of Pinckney s letters on Rob bins case. Pickering has given the printing of the laws to the tory paper of that 204 ANAS of THOMAS JEFFERSON. 1800 place, though not of half the circulation. The printing amounted to about one hundred dollars a year. Mar. 19. Same subject. Dexter maintained that the common law as to crimes is in force in the courts of the United States. Chiprnan says that the principles of common right are common law. And he says the common law of Eng land is in force here. There being no law in Vermont for appointing juries which the Marshal can follow, he says he may appoint them as provided by the com mon law of England though that part of the common law was never adopted in Vermont. March 21. Mr. John Marshall has said here that had he not been appointed Minister to France he was desperate in his affairs, and must have sold his estate and that immediately. That that appointment was the greatest god-send that could ever have befallen a man. I have this from J. Brown and S. T. Mason. March 24th. Mr. Perez Morton of Massachusetts tells me that Thatcher, on his return from the war- Con gress, declared to him he had been for a declaration of war against France, and many others also; but that on count ing noses they found they could not carry it, and there fore did not attempt it. March 27th. Judge Breckenridge gives me the fol lowing information. He and Mr. Ross were originally very intimate; indeed, he says, he found him keeping a little Latin school, and advised and aided him in the study of law, and brought him forward. After Ross be came a Senator, and particularly at the time of the west- 1800 ANAS of THOMAS JEFFERSON. 205 ern insurrection, they still were in concert. After the British treaty, Ross on his return, informed him there was a party in the United States who wanted to over turn the government, who were in league with France; that France, by a secret article of treaty with Spain was to have Louisiana; and that Great Britain was likely to be our best friend and dependence. On this informa tion, he, Breckenridge, was induced to become an ad vocate for the British treaty. During this intimacy with Ross, he says, that General Collot, in his journey to the western country, called on him, and he frequently led Breckenridge into conversations on their grievances under the government, and particularly the western ex pedition; that he spoke to him of the advantages that country would have in joining France when she should hold Louisiana ; showed him a map he had drawn of that part of the country; pointed out the passes in the moun tain, and the facility with which they might hold them against the United States, and with which France could support them from New Orleans. He says, that in these conversations, Collet let himself out with common pru dence. He says, Michaud, (to whom I, at the request of Genet, had given a letter of introduction to the Governor of Kentucky as a botanist, which was his real profession,) called on him; that Michaud had a commissary s com mission for the expedition, which Genet had planned from that quarter against the Spaniards; that , the late Spanish commandant of St. Genevieve, with one Powers, an Englishman, called on him. That from all these circumstances, together with Ross stories, he did believe that there was a conspiracy to deliver our country, or some part of it at least, to the French; that he made notes of what passed between himself and Collot and the others, and lent them to Mr. Ross, who 206 ANAS of THOMAS JEFFERSON. 1800 gave them to the President, by whom they were de posited in the office of the Board of War; that when he complained to Ross of this breach of confidence, he en deavored to get off by compliments on the utility and importance of his notes. They now cooled towards each other; and his opposition to Ross election as Governor has separated them in truth, though not entirely to appearance. Doctor Rush tells me, that within a few days he has heard a member of Congress lament our separation from Great Britain, and express his sincere wishes that we were again dependent on her. April 29, 1800. Jury bill under consideration. Mr. Dexter and Hillhouse and Mr. Read insisted in the fullest and most explicit terms that the common law of England is in force in these states and may be the rule of adjudication in all cases where the laws of the United States have made no provision. Mr. Livermore seemed to urge the same, though he seemed to think that in criminal cases it might be neces sary to adopt by an express law. Mr. Tracy was more reserved on this occasion. He only said that Congress might by a law adopt the pro visions of the common law on any subject, by a refer ence to that, without detailing the particulars ; as in this bill it was proposed that the marshals should summon juries according to the practice of the common L;w. December 23, 1800. Major Wm. Munson, bearer of the Connecticut votes, recommended by Pierre Edwards as a good Whig, he is surveyor of the ( ) of New Haven, was a good officer in the revolutionary war. He says that about a twelvemonth ago the Marshal 1800 ANAS of THOMAS JEFFERSON. 207 of that state turned out his deputy Marshal, because he summoned some republicans on the grand jury. It seems the Marshal summons the juries for the Federal courts. See a letter from Governor McKean on the conduct of General Hand, Robert Coleman, and Henry Miller, supervisors for Pennsylvania while their legislature were on the appointment of Electors. Doctor Jarvis of Boston is a man of abilities, a firm Whig, but passionate, hot-headed, obstinate and im- pliant. Doctor Eustis is of equal abilities, amiable and almost too accommodating, was once rather a trimmer, and was forced by the Federalists to become decided against them. Ex relatione Baldwin. Colonel Hitchburn s account is different, that Eustis is superficial and Jarvis completely profound. New Hampshire. Sherburne an able lawyer, repub lican and honest. South Carolina. There is a ( ) Ramsay, son of Dr. Ramsay, a judge of a state court, a good lawyer, of excellent private character, eminent abilities, much es teemed and republican. His character from General Sumpter. The father is also republican. Hamilton and Doyley of South Carolina, attached to the state treasury, good republicans. Brockhurst Livingston, very able, but ill-tempered, selfish, unpopular. Dewitt Clinton, very able, good, rich and lazy, very firm, does not follow any profession. Married Osgood s daughter-in-law. Thomas Sumter, son of General Sumter, South Caro lina. A man of solid understanding. Writes correctly. Seems discreet and virtuous, follows no profession. 208 ANAS of THOMAS JEFFERSON. 1800 Harrison, of Carlisle. General Hanna tells me he is as able a lawyer as any in Pennsylvania and a zealous republican. December 25th, 1800. Colonel Hitchburn thinks Dr. Eustis talents specious and pleasing, but not profound. He tells me what Col. Monroe had before told me of, as coming from Hitchburn. He was giving me the char acters of persons in Massachusetts. Speaking of Lowell, he said he was, in the beginning of the Revolution, a timid whig, but as soon as he found we were likely to prevail, he became a great office hunter. And in the very breath of speaking of Lowell, he stopped: says he, I will give you a piece of information which I do not venture to speak of to others. There was a Mr. Hale in Massachusetts, a reputable, worthy man, who becoming a little embarrassed in his affairs, I aided him, which made him very friendly to me. He went to Canada on some business. The Governor there took great notice of him. On his return, he took occasion to mention to me that he was authorized by the Governor of Canada to give from three to five thousand guineas each to him self and some others, to induce them, not to do anything to the injury of their country, but to befriend a good connection between England and it. Hitchburn said he would think of it, and asked Hale to come and dine with him to-morrow. After dinner he drew Hale fully out. He told him he had his doubts, but particularly, that he should not like to be alone in such a business. On that, Hale named to him four others who were to be engaged, two of whom, said Hitchburn, are now dead, and two living. Hitchburn, when he had got all he wanted out of Hale, declined in a friendly way. But he observed those four men, from that moment, to es- 1801 ANAS of THOMAS JEFFERSON. 209 pouse the interests of England, in every point and on every occasion. Though he did not name the men to me, yet as the speaking of Lowell was what brought it to his head to tell me this anecdote, I concluded he was one. From other circumstances respecting Stephen Higgin- son, of whom he spoke, I conjectured him to be the other living one. December 26th. In another conversation, I men tioned to Colonel Hitchburn, that though he had not named names, I had strongly suspected Higginson to be one of Hale s men. He smiled and said, if I had strongly suspected any man wrongfully from his information, he would undeceive me; that there were no persons he thought more strongly to be suspected himself, than Higginson and Lowell. I considered this as saying they were the men. Higginson is employed in an import ant business about our navy. February 12th, 1801. Edward Livingston tells me, that Bayard applied today or last night to General Samuel Smith, and represented to him the expediency of his coming over to the States who vote for Burr, that there was nothing in the way of appointment which he might not command, and particularly mentioned the Secretaryship of the Navy. Smith asked him if he was authorized to make the offer. He said he was author ized. Smith told this to Livingston, and to W. C. Nicholas who confirms it to me. Bayard in like manner tempted Livingston, not by offering any particular office, but by representing to him his, Livingston s, intimacy and connection with Burr ; that from him he had every- 210 ANAS of THOMAS JEFFERSON. 1801 thing to expect, if he would come over to him. To Doc tor Linn of New Jersey, they have offered the govern ment of New Jersey. See a paragraph in Martin s Balti more paper of February the 10th, signed, "A LOOKER ON," stating an intimacy of views between Harper and Burr. February 14th. General Armstrong tells me, that Gouverneur Morris, in conversation with him today on the scene which is passing, expressed himself thus. "How comes it," says he,"that Burr who is four hundred miles cff, (at Albany,) has agents here at work with great activity, while Jefferson, who is on the spot, does noth ing?" This explain^ the ambiguous conduct of him self and his nephew, Lewis Morris, and that they were holding themselves free for a prize; i. e., some office, either to the uncle or nephew. February 16//z. ee in the Wilmington Mirror of Feb ruary the 14th, Mr. Bayard s elaborate argument to prove that the common law, as modified by the laws of the respective States at the epoch of the ratification of the constitution, attached to the courts of the United States. Mar. 8, 1S01. New Hampshire. Restore Whipple and Gardner, Collector, and Commissioner of loans. Change no other except the recent (?) Livermore, naval officer, to be removed by and by, and George Went- worth to be put in his place. Massachusetts. Change only the new District At torney, viz. George Blake for Otis. Maine. Parker, Marshal, to be removed by and by, 1801 ANAS of THOMAS JEFFERSON. 211 a very violent and influential and industrious federal put in not very fairly. Davis the Attorney is expected to resign, and Silas Lee must be put in his place. John Lee, Collector of Penobscot, brother of Silas, a refugee, a royalist, and very violent. To be removed when we appoint his brother Attorney. Connecticut. Mr. Lincoln to consult Edwards, Jr., as to removing Goodrich. Vermont. Marshal and Attorney to be removed im mediately. John Willard of Addison County to be Mar shal. Fay rather approved for Attorney. New York. Postponed. Jersey. Propose to Linn to accept Attorney s place vice Frelinghuysen. Mr. Gallatin will write. Oliver Barnet to be Marshal when Lowry resigns. Turn out the tory collector, an atrocious appoint ment. Pennsylvania. Hall to be removed. Shee to be ap pointed. No, see Bulkley. George Reinhart to be keeper of public stores vice Harris. General William Irvine to be superintendent military stores vice Hodgson. Peter Muhlenberg supervisor vice General Henry Mil ler, but not till after May. Dallas, Attorney of E. district. Hamilton do. of W. district. Presley Car Lane marshal of W. district^vicc Barclay, new appointment. Delaware. The Collector McLane to; be retained. Enquire as to Marshal and Collector. Maryland. Hopkins, Marshal to be removed, and Reuben Etting to be appointed. 212 ANAS of THOMAS JEFFERSON 1801 Also Zeb(ediah) Hollingsworth and John Scott to be appointed. Virginia. D. Randolph to be removed. Scott to be appointed. South Carolina. Adopt C. Pinckney s nominations, but take time till after session of Congress 1801-2. Georgia. Only the collector to be questioned. Sup posed a delinquent. Richard Wyley to be in his place ; he is now loan officer. Kentucky. Colonel Joseph Crocket vice McDowell as Marshal, but wait proofs of extortion. General rule. Remove no collectors till called on for account that as many may be removed as defaulters as are such. Present Gallatin, Dearborne, Lincoln. Mar. 8. On application from an old Col. Wafford pre - sented by Mr. Baldwin, he was settled near the Cherokee line, but supposed on our side, on running it however he was left on their side, some other families in the same situation: approved of General Dearborne s writing to Hawkins to negotiate for their quiet, and that we will within two or three months take up the subject and give him final instructions. Mar. 9. Prosecutions under Sedition Law. Remit the fines and enter nolle proseque in the prosecution de pending under that law, to wit, Callendar and Brown are in execution. Duane and under prosecution. Present as before. Mr. Lincoln to consult Edward Granger Kirby Wai- cot as to Goodrich s commission. Dawson to have six dollars a day. 1801 ANAS of THOMAS JEFFERSON. 213 Two frigates to cruise in West Indies, two in the Medi terranean, two at Isle of Bourbon. Sign the duty proposed by Commissioners of Wash ington, continuing permission to build houses in certain forms. May 15, 1801. Shall the squadron now at Norfolk be ordered to cruise in the Mediterranean. What shall be the object of the cruise. Lincoln. Our men of war may repel an attack on individual vessels, but after the repulse, may not pro ceed to destroy the enemy s vessels generally. Gallatin. To declare war and to make war is synony mous. The Executive can not put us in a state of war, but if we be put into that state either by the decree of Congress or of the other nation, the command and di rection of the public force then belongs to the Executive. Smith. If a nation commences war, the Executive is bound to apply the public force to defend the country. Dearborne. The expedition should go forward openly to protect our commerce against the threatened hostili ties of Tripoli. Madison. That the cruise ought to be undertaken, and the object openly declared to every nation. All con cur in the expediency of cruise. Whether the Captains may be authorized, if war ex ists, to search for and destroy the enemy s vessels wher ever they can find them? All except Mr. L. agree they should ; M. G. and S. think they may pursue into the har bors, but M. that they may not enter but in pursuit. A letter /to the Bey of Tripoli by the President; send a year s tribute in form of stores by a ship. Send 30,000 dollars by frigates on the idea that the commu tation of stores to money has been settled. 214 ANAS of THOMAS JEFFERSON. 1801 May 16. Murder committed by Moorhead and Little, British subjects, on a person within the limits of the United States. The case of Governor Pinckney and Queseda is quoted. Also the demand by Mr. Listen of Secretary Pickering contra. Unanimous not to demand the accessories to the mur der. But the murderers to be demanded. Governor Serjeant not to be re-appointed unani mous. May 17. Treaty proposed with Cherokees. Agreed unanimously. Object. 1. To obtain the lands between Sumner and Mero district offering as far as an annuity of 1000 dollars and a sum in gross not exceeding 5000 dollars. 2. If not obtainable, then buy all the accomoda- tions on the road between the two districts at such sum in gross as the Commissioners think fit. To treat with Chickasaws. 1. To buy their lands north of Kentucky boundary. 2. To obtain road and houses of accomodation for travellers from Tennessee towards Natchez, but if treat ies for the lands is offensive to Chickasaws, then confine their proposition to the road. Price discretionary in Commissioners. To treat with Choctaws for road, price discretionary. They also to fix on the three trading posts reserved in our former treaties to treat with the Creeks. | 1. ^For the purchase of the Talassee county. 2. For the fork of Oakmulgee~and Owney, but all instruction and further decision as tojthis to be post poned till we take up the Treaty with Georgia, a letter 1801 ANAS of THOMAS JEFFERSON. 215 to be written to the Georgia Commissioners to know if they will cede the Mission territory in exchange for Talassee and Oakmulgee ork. Davie, Wilkinson and Hawkins. Suppress the Missions to the United Netherlands, Portugal and Prussia. Send none to Denmark. Removals. All recent to be considered as mere aven ues. Marshals and Attorneys to be removed where federal, except in particular cases. New Hampshire. The Marshal, though a Federalist ought not to be removed because of his connections. Sherburne to be attorney vice Livermore. Maine. Davis to be removed as he will not resign. He is violent. Massachusetts. Not change the Marshal though Federal, he is moderate and prudent and will be re publican. Rhode Island. If Barnes accepts commission of Judge, Mr. Lincoln will enquire and recommend attor ney or judge. Connecticut. Enoch Parsons to be Marshal. Delaware. Hamilton, Marshal, to be removed, en quire for substitute. Read, Attorney, to be continued. Maryland. Rollings worth not to be removed till after September. He is incapable. Customs. The Collector vice John I/ee. Wait for further in formation. Samuel Bishop, Collector at New Haven. Alexander Wolcott, Collector at Middletown. 216 ANAS of THOMAS JEFFERSON. 1801 New Jersey. John Kurd to be Collector of the port of Amboy vice Bell. Excise. Committed Kirby vice John Chester. June 13. At a meeting with the four secretaries at the Secretary of State s office. Unanimously agreed that Mr. King shall be informed that we desire he should conclude the negotiations on the subject of the Sixth Article, as he had begun under former orders, for the sum in gross which he has offered, to wit, 506 thousand pounds sterling and no more. Afterwards agreed to 600,000 because King had offered it. June 23rf, 1801. Andrew Ellicot tells me, that in a conversation last summer with Major William Jackson of Philadelphia, on the subject of our intercourse with Spain, Jackson said we had managed our affairs badly; that he himself was the author of the papers against the Spanish minister signed Americanus; that his object was irritation; that he was anxious, if it could have been brought about, to have plunged us into a war with Spain, that the people might have been occupied with that, and not with the conduct of the administration, and other things they had no business to meddle with. October 22. Present four Secretaries. Captains of navy reduced from 15 to 9, by a vote on each man struck off. Those struck off are Mr. Niel of Boston, Decatur of Pennsylvania, Rogers of Maryland, Tingey of Columbia, S. Barron of Virginia,* Campbell from South Carolina, but a northern man. The retained are Nicholson and On the resignation of Truxton, J. Barron is retained, and o We, Campbell is retained: he if a South Carolinian by birth. T. Barron i* retained, and onthatofPre- 1802 ANAS of THOMAS JEFFERSON. 217 Preble of Maryland, Moms and Bainbridge of New York, Truxton of Jersey, Barry, Delaware and Murray of Pennsylvania, and James Barren of Virginia. A state of the gallies to be called for and be ready for sale at meeting of Congress unless contrary deter mined. Spain to be addressed in a firm but friendly tone on the depredations at Algiers. Not to order convoys for our vessels against Spain. November 11. Present the four Secretaries. Ques tion, Shall Rogers be removed in New York? Unani mous to let lie till Congress. Question. Whether we shall proclaim the French treaty or wait and lay it before the Senate? Unani mous not to proclaim but to say to Pichon we will go on with the examination. January 18, 1802. Present the four Secretaries and Attorney General. Agreed to offer peace to Tripoli on easiest terms, to continue tribute to Algiers, to send two frigates and schooner immediately. If war with Tripoli continues, two frigates there constantly and one for re lief, 400,000 dollars to be appropriated for the whole naval business of the year, including navy yards on which little is to be done, and 500,000 dollars to pay contracts due and becoming due this year. Execution of French treaty to be retained by Executive. October 21, 1802. Present, the four Secretaries. 1. What force shall be left through the winter in the Mediterranean ? 218 ANAS of THOMAS JEFFERSON. 1803 2. What negotiations, what presents shall be pro posed to Morocco? Answer. 1. The two largest frigates, President and Chesapeake, the time of whose men is out in December, ought to be called home immediately. The two best frigates, the New York and John Adams, which are smallest also, and the men engaged till August next, to remain through the winter, even if peace be made with Triopli. The Adams whose times are up in April, to remain through the winter, or come away according to ap pearances with Morocco. Answer 2. Forbid Simpson to stipulate any presents, or payments at fixed periods, but allow him to go as far as 20,000 dollars to obtain a firm establishment of the state of peace with Morocco. Shall the expenses of transporting our abandoned seamen home, by the Consul ( ?) Lee, be paid by us and out of what fund? Unanimously that it must be paid and out of the con tingent fund of 20,000 dollars. April 8, 1803. Present four Secretaries and Attorney General. 1. Is there sufficient ground to recall Morris and in stitute inquiry into his conduct? Unanimous, not. 2. Shall Morris be ordered home in the returning ves sel and leave some other officer in command? Unani mous, not. 3. Shall the return of the Chesapeake and Adams be countermanded till the four small vessels arrive? Unanimous not. Will be too late. 1803 ANAS of THOMAS JEFFERSON. 219 4. Shall we buy peace of Tripoli? Unanimous, yes. 5. By a sum in gross or a tribute? Gallatin, Dearborne, Lincoln for both, Madison and Smith for sum in gross and promise of renewing pres ents at times. Dearborne, 50 and 8,000, Lincoln, 30 and 15,000, Madison, 10 and 5,000 with some margin, Gallatin, 20 and 10, Smith, 50 and 10. Great Britain if repesg. our rights by France, forces us to overtures to England as an ally? on what conditions? All reject the 1. Not to make a separate peace ?i second and third j conditions, Dear- 2. To let her take Louisiana? borne and Lin coln reject the 3. Commercial privileges? first. The others agree to the first. Agreed to instruct our Ministers, as soon as they find that no arrangement can be made with France, to use all possible procrastinations with them and in the mean time enter into conferences with the British Government, through their ambassador at Paris, to fix principles of alliance, and leave us in peace till Congress meets, and prevent war till next spring. May 7. Present four Secretaries and Attorney Gen- ral. On the supposition that war between England and France is commenced or whenever it shall commence. 1. Shall we issue a proclamation of neutrality? Unani mously, not. Its object as to our citizens is unnecessary, to wit the informing them that they are to observe the duties of 220 ANAS of THOMAS JEFFERSON. 1803 neutrality, because the late instance is so recent as to be in their minds. As to foreign nations, it will be sassuring them of our neutrality without price, whereas France may be willing to give New Orleans for it, and England to engage a just and respectful conduct. 2. Sea letters to be given even on the present ap parent probability of war. 3. Customhouse officers to attend to the having our seamen furnished with certificates of citizenship in bona- fide cases. 4. New Orleans, although no specific opinion is asked, because premature till we hear from our Ministers, see the complexion and probable course and duration of the war, yet the opinion seems to be that we must avail ourselves of this war to get it. Whether, if negotiation fails, we shall take it directly or encourage a decline of independence and then enter into an alliance. We have time enough to consider. We all deprecate Great Britain s taking possession of it. We all agree we should not commit ourselves by a con vention with France, accepting merely our right of de posit, or any improvement of it short of the sovereignty of the island of New Orleans, or a portion sufficient for a town to be located by ourselves. July 16. Present the four Secretaries. The cession of Louisiana being to be ratified by Octo ber 30, shall Congress be called, or only Senate, and when? Answer unanimous, Congress on the 17th of October. A Proclamation to issue, a copy to be enclosed to every member in a letter from the Secretary of State men tioning that the call three weeks earlier than they had 1803 ANAS of THOMAS JEFFERSON. 221 fixed was rendered necessary by the treaty, and urging a punctual attendance on the first day. The substance of the treaty to be made public, but not the treaty itself. The Secretary of State to write to our Consul at New Orleans, communicating the substance of the treaty and calling his attention to the public property transferred to us, and to archives, papers and documents relative to domain and sovereignty of Louisiana and its de pendencies. If an order should come for immediate possession, direct Governor Clayborne to go and take possession and act as Governor and Intendant under the Spanish laws, having everything to go on as heretofore, only himself performing functions of Governor and Intendant, but making no innovations, nor doing a single act which will bear postponing. Order down two or more companies from Fort Adams and get the Spanish troops off as soon as possible. Write to Livingston and Monroe, approving their having treated for Louisiana and the price given, and to say we know of no reason to doubt ratification of tlie whole. Mr. Gallatin disapproves of this last as committing our selves or the Congress. All the other points unanimous. Edward Livingston to be removed from the office of Attorney for the United States in New York for malvers ation. Mr. Madison not present at this last determination. Monroe to be instructed to endeavor to purchase both Horidas if he can, West if he cannot East at the prices before agreed upon, but if neither can be procured, then to stipulate a plenary right to use all the rivers rising within our limits and passing through theirs. If he should not be gone to Madrid leave it discretionary in him to go there, or to London or to stay at Paris as cir- 222 ANAS of iHOMAS JEFFERSON. 1803 cumstances shall appear to him to require. We are more indifferent about pressing the purchase of the Floridas, because of the money we have to provide for Louisiana, and because we think they cannot fail to fall into our hands. i October 4. Present Secretaries of State, Treasury, War. Will it be advisable for forcible possession of New Orleans to be taken, if refused. Unanimous, it will. Should we now prepare force so as to have it ready the moment Congress authorizes it? Unanimous, it will, b What force? Four hundred regulars from Fort Adams, 100 regulars from Chickasaw Bluffs a.ndMassac t 500 militia of Mississippi territory, boatmen and sailors. Bj December 13th, 1803. The Reverend Mr. Coffin of New England, who is now here soliciting donations for a college in Greene county, in Tennessee, tells me that when he first determined to engage in this enterprise, he wrote a paper recommendatory of the enterprise, which he meant to get signed by clergymen, and a simi lar one for persons in a civil character, at the head of which he wished Mr. Adams to put his name, he being then President, and the application going only for his name, and not for a donation. Mr. Adams, after read ing the paper and considering, said "he saw no possi- blitiy of continuing the union of the States; that their dissolution must necessarily take place ; that he there fore saw no propriety in recommending to New Eng land men to promote a literary institution in the South; that it was in fact giving strength to those who were to be their enemies; and, therefore, he would have nothing to do with it." 1804 ANAS of THOMAS JEFFERSON. 223 December 3lst. After dinner to-day, the pamphlet on the conduct of Colonel Burr being the subject of con versation, Matthew Lyon noticed the insinuations against the republicans at Washington, pending the Presidential election, and expressed his wish that every thing was spoken out which was known; that it would then appear on which side there was a, bidding for votes, and he declared that John Brown of Rhode Island, urg ing him to vote for Colonel Burr, used these words: "What is it you want, Colonel Lyon? Is it office, is it money? Only say what you want, and you shall have it." January 2d, 1804. Colonel Hitchburn of Massachu setts, reminding me of a letter he had written me from Philadelphia, pending the Presidential election, says he did not therein give the details. That he was in company at Philadelphia with Colonel Burr and Gen. Sam Smith, (when the latter took his trip there to meet Burr, and obtained the famous letter from him), that in the course of the conversation on the election, Colonel Burr said, "we must have a President, and a constitutional one, in some way." "How is it to be done," says Hitchburn; "Mr. Jefferson s friends will not quit him, and his enemies are not strong enough to carry another." "Why," says Burr, "our friends must join the federalists, and give the President." The next morning at breakfast, Colonel Burr repeated nearly the same, saying, "we cannot be without a Presi dent, our friends must join the federal vote." "But," says Hitchburn, "we shall then be without a Vice -Presi dent; who is to be our Vice- President?" Colonel Bun- answered, "Mr. Jefferson." 224 ANAS of THOMAS JEFFERSON. 1804 January 26th. Colonel Burr, the Vice-President, calls on me in the evening, having previously asked an oppor tunity of conversing with me. He began by recapitu lating summarily, that he had come to New York a stranger, some years ago; that he found the country in possession of two rich families (the Livingstons and Clintons); that his pursuits were not political, and he meddled not. When the crisis, however, of 1800 came on, they found their influence worn out, and solicited his aid with the people. He lent it without any views of promotion. That his being named as a candidate for Vice -President was unexpected by him. He acceded to it with a view to promote my fame and advancement, and from a desire to be with me, whose company and conversation had always been fascinating to him. That since, those great families had become hostile to him, and had excited the calumnies which I had seen pub lished. That in this Hamilton had joined, and had even written some of the pieces against him. That his attachment to me had been sincere, and was still un changed, although many little stories had been carried to him, and he supposed to me also, which he despised ; but that attachments must be reciprocal or cease to exist, and therefore he asked if any change had taken place in mine toward him; that he had chosen to have this conversation with myself directly, and not through any intermediate agent. He reminded me of a letter written to him about the time of counting the votes, (say February, 1801,) mentioning that his election had left a chasm in my arrangements; that I had lost him from my list in the administration, &c. He observed, he believed it would be for the interest of the republican cause for him to retire; that a disadvantageous schism would otherwise take place; but that were he to retire, it 1804 ANAS of THOMAS JEFFERSON. 225 would be said he shrank from the public sentence, which he never would do ; that his enemies were using my name to destroy him, and something was necessary from me to prevent and deprive them of that weapon, some mark of favor from me which would declare to the world that he retired with my confidence. I answered by recapitulating to him what had been my conduct previous to the election of 1800. That I had never interfered directly or indirectly with my friends or any others, to influence the election either for him or myself ; that I considered it as my duty to be merely passive, except that, in Virginia, I had taken some measures to procure for him the unanimous vote of that State, because I thought any failure there might be imputed to me. That in the election now coming on, I was observing the same conduct, held no councils with anybody respecting it, nor suffered any one to speak to me on the subject, believing it my duty to leave my self to the free discussion of the public ; that I do not at this moment know, nor have ever heard, who were to be proposed as candidates for the public choice, except so far as could be gathered from the newspapers. That as to the attack excited against him in the newspapers, I had noticed it but as the passing wind ; that I had seen complaints that Cheetham, employed in publishing the laws, should be permitted to eat the public bread and abuse its second officer; that as to this, the publishers of the laws were appointed by the Secretary of the State, without any reference to me; that to make the notice general, it was often given to one republican and one federal printer of the same place; that these federal printers did not in the least intermit their abuse of me, though receiving emoluments from the governments and that I had never thought it proper to interfere for 226 ANAS of THOMAS JEFFERSON. 1804 myself, and consequently not in the case of the Vice- President. That as to the letter he referred to, I remem bered it, and believed he had only mistaken the date at which it was written; that I tho ught it must have been on the first notice of the event of the election of South Carolina; and that I had taken that occasion to mention to him, that I had intended to have proposed to him one of the great offices, if he had not been elected; but that his election in giving him a higher station had de prived me of his aid in the administration. The letter alluded to was, in fact, mine to him of December 15th, 1800. I now went on to explain to him verbally, what I meant by saying I had lost him from my list. That in General Washington s time, it had been signified to him that Mr. Adams, the Vice-President, would be glad of a foreign embassy; that General Washington mentioned it to me, expressed his doubts whether Mr. Adams was a fit character for such an office, and his still greater doubts, indeed his conviction, that it would not be justifiable to send away the person who, in case of his death, was pro vided by the constitution to take his place ; that it would moreover appear indecent for him to be disposing of the public trusts, in apparently buying off a competitor for the public favor. I concurred with him in the opin ion, and, if I recollect rightly, Hamilton, Knox. and Randolph were consulted and gave the same opinions. That when Mr. Adams came to the administration, in his first interview with me, he mentioned the necessity of a mission to France, and how desirable it would have been to him if he could have got me to undertake it; but that he conceived it would be wrong in him to send me away, and assigned the same reasons General Wash ington had done; and therefore, he should appoint Mr. Madison, &c. That I had myself contemplated his 1804 ANAS of THOMAS JEFFERSON. 227 (Colonel Burr s) appointment to one of the great offices, in case he was not elected Vice- President; but that as soon as that election was known, I saw it could not be done, for the good reasons which had led Gen. Washing ton and Mr. Adams to the same conclusion ; and there fore, in my first letter to Colonel Burr, after the issue was known, I had mentioned to him that a chasm in my arrangements had been produced by this event. I was thus particular in rectifying the date of this letter, be cause it gave me an opportunity of explaining the grounds on which it was written, which were, indirectly, an answer to his present hints. He left the matter with me for consideration, and the conversation was turned to indifferent subjects. I should here notice, that Colonel Burr must have thought that I could swallow strong things in my own favor, when he founded his acquiescence in the nomination as Vice-President, to his desire of promoting my honor, the being with me, whose company and conversation had always been fascinating with him, &c. I had never seen Colonel Burr till he came as a member of Senate. His conduct very soon inspired me with distrust. I habitually cautioned Mr. Madison against trusting him too much. I saw afterwards, that under General Washington s and Mr. Adams s adminis trations, whenever a great military appointment or a diplomatic one was to be made, he came post to Phila delphia to show himself, and in fact that he was always at market, if they had wanted him. He was indeed told by Dayton in 1800, he might be Secretary at War; but this bid was too late. His election as Vice-President was then foreseen. With these impressions of Colonel Burr, there never had been an intimacy between us, and but little association. When I destined him for a high appointment, it was out of respect for the favor he had 228 ANAS of THOMAS JEFFERSON. 1804 obtained with the republican party, by his extraordi nary exertions and successes in the New York election in 1800. Feb. 18, 1804. Present the four Secretaries and Attor ney General. It is agreed we shall consider the settlement on the Mining from Iberville up to our line, as our territory as to importations and exportations through the Mississippi making Baton Rouge a port of delivery. So also as to what shall come through Pontchartrain that the Militic of Colour shall be confirmed in their ports and treated favorably till a better settled state of things shall per mit us to let them neglect themselves. That an intimation shall be given by Clayborne to Morales that his continuance in that territory is not approved by the Government. That the remaining Spanish troops shall be desired to withdraw. That Fort Stoddart shall be a port of entry. That Monroe shall be instructed to negotiate as to our lines with Spain, and the extension of territory. Eastward, viz: 1. To the Perdido. 2. To Apal- achicola. 3. All East Florida. That according to the greater or less extent he may give of the following equiva lents. 1. Relinquish our right from the Rio Bravo, eastwardly towards the Mexican river. 2. Stipulate that a band of country of given breadth shall be estab lished between our white settlements to be unsettled by either party for a term of years. 3. One million dol lars. As to Stevens s accounts, opinions seem not to be satisfactorily formed except by Mr. Gallatin that there is no fund applicable, and Mr. Madison that the foreign intercourse fund is applicable ; with this last I concur. 1805 ANAS of THOMAS JEFFERSON. . 229 May 26. Present the Secretaries and Attorney Gen eral. What terms of peace with Tripoli shall be agreed to? If successful, insist on their delivering up men with out ransom, and re-establishing old treaty without pay ing anything. If unsuccessful, rather than have to con tinue the war, agree to give 500 dollars a man (having first deducted for the prisoners we have taken) and the sum in gross and tribute before agreed on. Shall any thing be furnished to the Ex-Bashaw to engage co-opera tion? Unanimously 20,000 dollars. Whether we shall prohibit our merchant vessels from arming to force a trade in St. Domingo as requested by Pichon? Unani mously not. Oct. 8, 1804. Present the four Secretaries. Yrujo s and C. Pinckney s communications submitted. Cevallos first condition as to giving time for com mencement of commission. All agree we may fix a day with Yrujo not exceeding 6 months hence, say nothing which shall weaken our claims under the sixth article and repeat the explanation of the fourth and eleventh articles of the Act of Congress already given him and communicate the Act of the President defining the dis trict. A letter to be written to Yrujo on the impropriety of his publishing his letter to the Secretary of State. Jan. 8, 1805. Indian affairs. Sac murderer. Pardon him. Osages. Their mill to be built. The seceders under Le grande piste: persasn not force. 230 ANAS oj THOMAS JEFFERSON 1805 Sioux. Sacs, Ayouas (lowas). Receive their visit. Commerce forts at Chickago and mouth of Ouisconsing to prevt. interlopers with nations bordering on us, the U. vS. to carry it on. With distant nations let individ uals. License none but natives of American territory. Permit no liquor. Chamber s idea as to Choctaws of annl. paimt. in lands. Little Turtle. Let a joint right to lands be proved and we will pay. Tripoli. New instrnts. Not to give a dollar for peace. If the enterprise in the spring does not produce peace and delivery of prisoners, ransom them. O. Britain countervail their duty on exports by refusing entry to merchandise which has pd. a greater export duty coming here, than would have been paid going to any other for n country. Countervail their prohbn to our vessels to carry our produce to their possns by not permittg their vessels to do it after the 21st of May, 1805. Gov. Harrison s Ire Dec. 14. Property stolen by Indns. Arrears to be pd. by public. Hawkins Do. Dec. 15. Road thro Creeks to N. O. Spanish alarm and proposns to Indians. Feb. 21. Spanish movements to Adais, etc. Lanana, San Antonio. Turner to Claiborne. Cados, Paunies, send factory immediately. Court them. Bayou Pierre, Spanish settlement on Red River, 70 miles above Natchitoches. Lanana, 40 miles from Mactchitoches, 1805 ANAS of THOMAS JEFFERSON. 231 vSpaniards have taken post there Casa Calvo and his guard to retire. Louisiana bank. Mounted infantry to scour disputed country. Claiborne to have interview with Governor of Texas. Casacalvo? Matta Gardo. Two Spanish regiments to be estab lished there, (i. e. Bay of St. Bernard). Cavalry and infantry from Mexico expected at St. Antonio. A Governor with 3,000 men coming to Nacogdoches. The present Commandant of Nacogdoches to take post at Adais. Eleven hundred Seminoles invited to Pensacola by Governor. Three regiments of 1500 men each expected from Havana for Pensacola, Mobile and Plat R. and 200,000 cavalry. Forts to be at Pascagoula and P^arl rivers. One thousand families under the present governor of St. Antonio to come to Adais. An officer and 100 dragoons have been taking a sur vey of Rio Guadaloupe. Four regiments ordered for the frontier. (Nacog doches). Chamber s letter. The Spanish duties at Mobile to be submitted to till further orders. Choctaws. Nannahubba island is ours. July 8, 1805. Present the four Secretaries. Priva teers are now blockading Charlestown, the capes of Chesapeake and Delaware and capturing vessels with out the smallest pretext, merely because they are rich. It is determined by unanimous consent (except Mr. Gallatin who dissents) that the vessels being some with- 232 ANAS of THOMAS JEFFERSON. 1805 out commissions, some with insufficient commissions and some doing what their commissions do not warrant all of which is within the definition of piracy and the Act of Congress authorizing us to keep 6 frigates in com mission in time of peace with two-thirds their ordinary complement, and having authorized the building, equip ping, etc., of two brigs without confining them to spe cific objects, we are authorized from this force to take what may be necessary to suppress these piracies, and, accordingly, that the Adams and the brig Hornet, build ing at Baltimore, shall be gotten ready and sent out and confined entirely to the suppression of these piracies on our Atlantic Coast, choosing prudent officers and giving cautious instructions. There are funds sufficient and regularly appropriated to the fitting out, but, for manning, the proper funds are already exhausted. Consequently we must borrow from other funds, and state the matter to Congress. Our general opinion is that as soundings on our coast cease at the beginning of the gulf stream, we ought to endeavor to assume all the waters within the gulf stream as our waters so far as to exclude privateers from hover ing within them. Nov. 12, 1805. Present the four Secretaries, subject Spanish affairs. The extension of the war in Europe leaving us with out danger of a sudden peace, depriving us of the chance of an ally, I proposed that we should address ourselves to France, informing her that it was a last effort at amicable settlement with Spain, and offer to her or through her; 1. A sum of money for the rights of Spain east of Iberville, say the Floridas. 2. To cede the part of Louisiana from the Rio Bravo to the Guadaloupe. 3. 1805 ANAS of THOMAS JEFFERSON. 233 Spain to pay within a certain time spoliations under her own flag agreed to by the convention (which we guess to be 100 vessels worth 2,000,000 dollars) and those sub sequent (worth as much more) and to hypothecate to us for those payments the country from Guadaloupe to Rio Bravo. Armstrong to be employed. The first was to be the exciting motive with France, to whom Spain is in arrears for subsidies, and who will be glad also to secure us from going into the scale of England. The second the sooth ing motive with Spain which France would press bona fide because she claimed to the Rio Bravo. The third to quiet our merchants it was agreed to unanimously and the sum to be offered fixed not to exceed five million dollars. Mr. Gallatin did not like purchasing Florida under an apprehension of war, lest we should be thought in fact to purchase peace. We thought this overweighed by tak ing advantage of an opportunity, which might not occur again, of getting a country essential to our peace, anol to the security of the commerce of the Mississippi . It was agreed that Yrujo should be sounded through Dallas as to whether he is not going away, and if not, he should be made to understand that his presence at Washington, will not be agreeable and that his departure is expected. Casacalvo, Morales and all the Spanish officers at New Orleans are to be desired to depart, with a discretion to Clayborne to let any friendly ones remain who will re sign and become citizens; as also women receiving pen sions to remain if they choose. Nov. 19. Present the same. Since our last meeting we have received a letter from General Armstrong containing Talleyrand s proposi- 234 ANAS of THOMAS JEFFERSON. 1806 tions, which are equivalent to ours nearly, except as to the sum, he requiring 7,000,000 dollars. He advises that we alarm the fears of Spain by a vigor ous language and conduct, in order to induce her to join us in appealing to the interference of the Emperor. We now agree to modify our propositions so as to acco mo- date them to his as much as possible. We agree to pay 5,000,000 dollars for the Floridas as soon as the treaty is ratified by Spain, a vote of credit obtained from Con gress and orders delivered us for the surrender of the country. We agree to his proposition that the Colorado shall be our Western boundary, and a belt of 30 leagues on each side of it to be kept unsettled. We agree that joint commissioners shall settle all spoliations and to take payment from Spain by bills on her colonies. We agree to say nothing about the French spoliations in Spanish ports which broke off the former convention. We pro pose to pay the 5,000,000 dollars after a simple vote of credit, by stock redeemable in three years, within which time we can pay it. We agree to orders to the commanding officer at Natchitoches to patrol the country on this side the Sa- bine and all the Red river as being in our possession, except the settlement of Bayou Pierre which he is not to disturb unless they become aggressive. He is to pro tect our citizens and repel all invasions of the preceding country by Spanish soldiers, to take all offenders with out shedding blood unless his orders cannot otherwise be executed. Mar. 5, 1806. For particular instructions to Arm strong and Bowdoin relative to the purchase of the 1806 ANAS of THOMAS JEFFERSON. 235 Floridas from Spain, see my letter of this day to Mr. Madison. Mar. 14. Present the four heads of departments and the Attorney General. Tunis. A letter received from their ambassador here, rejecting the offer of the return of the cruiser taken including the blockade of Tripoli, or 4000 dollars, making vague demands and threatening war in direct terms. Unanimous opinion that he be answered that we do nothing under threats, and that he must take them back, or end negotiation with him and send either our Consul or Commodore to his sovereign to know if he means war. We further agreed that if he should take back his threats, we might agree to restore him the cruiser taken in as good state as when taken and the two prizes which were almost nothing in value, if they were still in our hands, or if not, then a vessel of equal value to be bought. Presents are proposed to be made equal in value to those he brought. Tripoli. We do not know that the family of the Ex- Bashaw is yet given up. Shall he restore the blockade till it is done? Unanimously, No. That would be an act of war to which Congress alone is competent. Let it be given in charge to the Consul who is going to press the surrender of the family with urgency, to let it be plainly understood we will not retire from the fulfillment of that article of the treaty and if it is not done, we may lay it before Congress at the next session when we can better spare gunboats than now. vSpain. It is understood that if Spain will not sell the Floridas, we may agree to the Sabine and Perdido as the ultimatum of boundary, with all the waters of the Mississippi. 236 ANAS of THOMAS JEFFERSON. 1806 England. Mr. Pinckney of Maryland is approved as a special missionary to England and also to succeed Monroe. It seems to be the sentiment, though no question was taken, that we may enter into treaty with England, the sum of which should be to settle neutral rights, not insisting on the principle of free ships, free goods, and modifying her new principles of the "accus tomed trade" so as to give up the direct and keep the indirect commerce between colonies and their metrop olis, restraining impressments of seamen to her own cit izens in her own ports, and giving her in commerce the rights of the most favored nations without entering into details. Endeavor to get a relinquishment of her right of commerce with our Indians, or insist on security for our people trading with hers. Endeavor also to exclude hostilities within the gulf stream. Agreed that Colonel Smith, surveyor of New York, ought to be removed and Peter A. Schenk appointed. That Captain Rogers ought to return from the Medi terranean so as not to mark him, and James Barron be sent to command there. Apr. 14. Present all the heads of departments. The message of this day to both houses respecting Tunis was submitted to them, and approved by all of them except Mr. Gallatin who would rather no communica tion on the subject should be made. However he sug gested several alterations in the message, which were made. Information being received that the Spaniards pro hibit our vessels passing up the Mobile, 1 proposed for their consideration whether I should communicate it to Congress. We were all against it except Mr. Madison and General Dearborne, who rather leaned to a com munication but acquiesced. The reasons against it were 1806 ANAS of THOMAS JEFFERSON. 237 that it would open anew the sluices of invective which had lately been uttered there, the lateness of the period, Congress being to adjourn in seven days, the impossi bility of their administering a remedy in that time and the hope that we might get along till we could hear from Paris. April 15th, 1806. About a month ago, Colonel Burr called on me and entered into a conversation, in which he mentioned, that a little before my com ing into office, I had written to him a letter intima ting that I had destined him for a high employ, had he not been placed by the people in a different one; that he had signified his willingness to resign as Vice- President to give aid to the administration in any other place ; that he had never asked an office, however; he asked aid of nobody, but could walk on his own legs and take care of himself; that I had always used him with po liteness, but nothing more; that he aided in bringing on the present order of things ; that he had supported the administration; and that he could do me much harm; he wished, however, to be on different ground; he was now disengaged from all particular business willing to engage in something should be in town some days, if I should have anything to propose to him. I observed to him, that I had always been sensible that he possessed talents which might be employed greatly to the advan tage of the public, and that as to myself, I had a con fidence that if he were employed, he would use his talents for the public good; but that he must be sensible the public had withdrawn their confidence from him, and that in a government like ours it was necessary to em brace in its administration as great a mass of public con fidence as possible, by employing those who had 238 ANAS of THOMAS JEFFERSON. 1806 a character with the public, of their own, and not merely a secondary one through the executive. He observed, that if we believed a few newspapers, it might be sup posed he had lost the public confidence, but that I knew how easy it was to engage newspapers in anything. I observed, that I did not refer to that kind of evidence of his having lost the public confidence, but to the late Presidential election, when, though in possession of the office of Vice-President, there was not a single voice heard for his retaining it. That as to any harm he could do me, I knew no cause why he should desire it, but, at the same time, I feared no injury which any man could do me ; that I never had done a single act, or been con cerned in any transaction, which I feared to have fully laid open, or which could do me any hurt, if truly stated; that I had never done a single thing with a view to my personal interest, or that of any friend, or with any other view than that of the greatest public good; that, there fore, no threat or fear on that head would ever be a motive of action with me. He has continued in town to this time ; dined with me this day week, and called on me to take leave two or three days ago. I did not commit these things to writing at the time, but I do it now, because in a suit between him and Cheetham, he has had a deposition of Mr. Bayard taken, which seems to have no relation to the suit, nor to any other object than to calumniate me>-Bayard pretends to have addressed to me, during the pending of the Presidential election in February, 1801, through General Samuel Smith, certain conditions on which my election might be obtained, and that General Smith, after conversing with me, gave answers from me. This is ab solutely false. No proposition of any kind was ever made to me on that occasion by General Smith, nor any 1806 AMAS of THOMAS JEFFERSON. 239 answer authorized by me. And this fact General Smith affirms at this moment. For some matters connected with this, see my notes of February 12th and 14th, 1801, made at the moment. But the following transactions took place about the same time, that is to say, while the Presidential election was in suspense in Congress, which, though I did not enter at the time, they made such an impression on my mind that they are now as fresh, as to their principal circum stances, as if they had happened yesterday. Coming out of the Senate chamber one day, I found Gouverneur Morris on the steps. He stopped me, and began a con versation on the strange and portentous state of things then existing, and went on to observe, that the reasons why the minority of States was so opposed to my being elected, were, that they apprehended that 1, I would turn all federalists out of office; 2, put down the navy; 3, wipe off the public debt, and 4* ****** That I need only to declare, or authorize my friends to declare, that I would not take these steps, and in stantly the event of the election would be fixed. I told him, that I should leave the world to judge of the course I meant to pursue by that which I had pursued hitherto, believing it to be my duty to be passive and silent during the present scene ; that I should certainly make no terms ; should never go into the office of President by capitu lation, nor with my hands tied by any conditions which should hinder me from pursuing the measures which I should deem for the public good. It was understood that Gouverneur Morris had entirely the direction of the vote of Lewis Morris of Vermont, who, by coming over to Matthew Lyon, would have added another vote, and *The M. S. is cut out and lost. 240 ANAS of THOMAS JEFFERSON. 180G decided the election. About the same time, I called on Mr. Adams. We conversed on the state of things. I observed to him, that a very dangerous experiment was then in contemplation, to defeat the Presidential elec tion by an act of Congress declaring the right of the Sen ate to name a President of the Senate, to devolve on him the government during any interregnum; that such a measure would probably produce resistance by force, and incalcuable consequences, which it would be in his power to prevent by negativing such an act. He seemed to think such an act justifiable, and observed, it was in my power to fix the election by a word in an instant, by declaring I would not turn out the federal officers, nor put down the navy, nor spunge the national debt. Find ing his mind made up as to the usurpation of the gov ernment by the President of the Senate, I urged it no further, observed the world must judge as to myself of the future by the past, and turned the conversation to something else. About the same time, D wight Foster of Massachusetts called on me in my room one night, and went into a very long conversation on the state of affairs, the drift of which was to let me understand, that the fears above mentioned were the only obstacle to my election, to all of which I avoided giving any answer the one way or the other. From this moment he became most bitterly and personally opposed to me, and so has ever continued. I do not recollect that I ever had any particular conversation with General Samuel Smith on this subject. Very possibly I had, as the general sub ject and all its parts were the constant themes of con versation in the private tete a tetes with our friends. But certain I am, that neither he nor any other republi can ever uttered the most distant hint to me about submitting to any conditions, or giving any assurances 1806 ANAS of THOMAS JEFFERSON. 241 to anybody; and still more certainly, was neither he nor any other person ever authorized by me to say what I would or would not do. See a very exact statement of Bayard s conduct on that occasion in a piece among my notes of 1801 which was published by G. Granger, with some alterations, in the papers of the day under the signature of * * * April 25. Present all the members of the Cabinet. All the articles of a treaty, in maximo and minimo were agreed to without a single dissent on any article: the former instructions of Monroe were made the ground work. It was proposed to consider whether any measures should be taken under the Act for detaching 100,000 militia. It was agreed not on the following grounds: 1. It would spread considerable alarm through the country. 2. If New Orleans (the only place at which danger is apprehended) be really attacked, succor from this Act is doubtful, if not desperate. 3. The language of Spain is entirely pacific according to the last letters from Erving. 4. Were she disposed to send troops across the Atlantic, she could not do it in the present posture of things on the ocean. 5. At Havana they have scarcely any troops certainly none to spare; at Pensa- cola and Mobile about 600 ; Baton Rouge, 170. 6. In New Orleans we have 200, and in the vicinities, which may be drawn there in a few days, 1000 more. The militia of New Orleans may be counted on from 500 to 1000, and the seamen about as many more; so that an effective force of about 3000 may be relied on. We con clude therefore to adopt the following measures: *This note is not in the M. S. 242 ANAS of THOMAS JEFFERSON: 1806 1. The gunboats (eight in number) up the Ohio not being ready, order the two bomb vessels and two gun boats built by Commodore Preble to proceed immedi ately to Charleston, there take gunboat No. 1 and go on ; the three gunboats to Lake Pontchartrain, and the two bombs to New Orleans, where the men and stores for them have been some time arrived. The rest of the gun boats from the Mediterranean being daily expected at Charleston or Savanna, if they arrive before those from the Ohio come down, order four to New Orleans, because we consider six for the Mississippi, and three for the lakes sufficient; and when the Ohio boats come down the surplus may be brought off to the Atlantic ports. The gun boats are depended on to guard the passage through the lakes from the quarter of Mobile, to guard the entrance of the mouth of the river from the sea, and to guard the crossing of it at the Acadian settlement should troops approach from Nacogdoches and west ward across the Chataleya along the road to the Acadian settlement. 2. Block houses and other defensive works are im mediately to be prepared on the neck of land along which the approach lays from Baton Rouge and Manshac; at Fort St. Jean and the most advantageous defiles on the approaches from the Eastward; the troops remain ing in the vicinities, as at present, on account of their health. 3. The militia of New Orleans, Tombigbee and Natchez to be kept in readiness, those of New Orleans for its own defense, those of Tombigbee to seize Mobile or Pensacola, if their garrisons be drawn off to New Orleans or to follow on their rear; and those of Natchez to take Baton Rouge, if the garrison be drawn, or to fol low and cut off their retreat. 1806 ANAS of THOMAS JEFFERSON. 243 There was no dissent to any article of this plan. May 1. Present the four Heads of departments. A letter from the Mayor of N. Y., complaining of the mur der lately committed, and the trespasses by iheLeander, Cambrain and Driver, and asking for a naval force, also the depositions of Pierce, and . It was considered that the laws had made an establishment of 900 men for the Navy in peace, with power to employ them in any vessels we thought proper; that these might man three frigates ; that if it would have been thought proper with three frigates to attack and drive off these three British vessels, yet that two of the three were absent in the Mediterranean, and the third hove down ; the latter not to be in readiness under a month, and one of the former not possible to be called home under five months; that for so distant and uncertain an effect the defence of our commerce in the Mediterranean ought not to be aband oned; that our gunboats were not as yet in place to be stationed in New York; and that therefore no force of either of these descriptions were within our power. It was thought proper therefore to recommend a regular prosecution of the murder by the State Courts of N. Y., or N. J., if within their jurisdiction, or, if out of it, then by the District Court of the U. S., and to issue a procla mation for apprehending Henry (?) Whitby, commander of the Leander, for the murder, requiring the three ves sels to depart, and interdicting them, and all other ves sels commanded by the present captains of the Cam brian and Driver from the harbors and waters of the U. S., and on their failure to depart, or re-entering them, to prohibit all intercourse, see the proclamation which was communicated and approved by each of the gen tlemen. In all this there was no difference of opinion, 244 ANAS of THOMAS JEFFERSON. 1806 except that General Dearborn thought we might hold out some promise of naval defence to N. Y. On the prosecution of Ogden and Smith for partici pation in Miranda s expedition the defendants and their friends, having contrived to make it a government ques tion, in which they mean to have the administration and the judge tried, as the culprits, instead of them selves, Swartwout, the marshal to whom, in his duel with Clinton, Smith was second, and is bosom frien d summoned a panel of jurors, the greater part of which were of the bitterest Federalists, his letter too covering to a friend a copy of Aristides, and affirming that every fact in it was true as Holy Writ. Determined unani mously that he be removed. July 11. Consultation with the Secretary of the Navy, nine gunboats built in the U. S., and two ditto bought in the Mediterranean, with two bombs built in the U. S., and two ditto bought in the Mediterranean, and three of our brigs, etc., are daily expected to arrive from the Mediterranean ; two of the brigs to come here , and all the other vessels to Charleston. As everything at New Orleans is now quiet, and therefore not pressing, we conclude to depend on the eight gunboats built in the Ohio to be in New Orleans in time, and to join to these, by an immediate order, one of Treble s gunboats, and one of his bombs ; this will make up the nine gunboats agreed on Apr. 25 for the Mississippi and Pontchartrain, with the addition of the bomb, two of the gunboats at Charleston; three shall remain there; three others of them, plus No. 1 (not fit for that place), shall go to Nor folk; six others of them, plus the other of Treble s gun boats, shall go to New York, one boat only, however, is to be kept manned at each place, the rest to be hauled 1806 ANAS of THOMAS JEFFERSON. 245 up. Treble s other bomb, the four ditto from the Medi terranean, and all the other brigs, etc., from the Medi terranean to come here to be laid out. July 19, 1806. Consultation with the four Heads of departments. An armed vessel at Norfolk, fitting out by Cooper to cruise as a Spanish or French privateer, to be seized and placed under a course of law; she is com plained of by Mr. Merry; officer to be indemnified. Yrujo agreed to do nothing as yet. Mr. Madison seemed of a different opinion. One gunboat to be kept in service at Charleston, and to act against privateers, under former instructions, if the appropriation will afford it. The frigate under Campbell in the Mediterranean to remain there till next spring. Here Gen. Dearborn was called away. Swartwout, if the case versus Ogden and Smith is de termined at the present session he is to be removed im mediately. If it lies over to another term let him re main to another. Oct. 22. Present the four Heads of Departments. The Spaniards have moved to Bayou Pierre a body of 1000 or 1200 men, mostly militia, mounted, and 300 regulars are expected to join them. Our regular force in the Mississippi and Orleans territories is 631 men at Natchitoches, and ordered there from Fort Adams 210. At New Orleans 240 new recruits arrived or arriving at Orleans, making in all 1081, besides 130 at Tombigbee. Two Gunboats are at New Orleans (from Ohio) six more daily expected from the same quarter. Two others and two bomb vessels from Boston, are arriving there about this time, and Gen. Wilkinson asks 500 mounted 246 ANAS of THOMAS JEFFERSON. 1806 men, to secure his operations if forced to act hostilly; the Acting Governor of Mississippi offers 250 volunteers for service on the west side of the Mississippi, and 500 if employed on the east side; the Governor of Orleans counts on 500 militia from the western countries of his territories. Agreed unanimously to require from those two territories 500 volunteers, mounted on their own horses, engaged to serve six months, and to be in readi ness when called for by the commanding officer of the regulars. This under the law of the last session for calling out a detachment of militia, and further that the marines at New Orleans shall do garrison duty there, so that the 210 men at that place may be moved up to Natchitoches ; the gunboats to be under the orders of the commnading officer. During the last session of Congress, Col. Burr, who was here, finding no hope of being employed in any Department of the Government, opened himself con fidentially to some persons on whom he thought he could rely, on a scheme of separating the Western from the Atlantic States, and erecting the former into an inde pendent Confederacy. He had before made a tour of those States, which had excited suspicions, as every motion does of such a Catalinarian character. Of his having made this proposition here we have information from Gen. Eaton, through Mr. Ely and Mr. Granger. He went off this spring to the Western country. Of his movements on his way information has come to the Secretary of State and myself, from Jofcn Nicholson and Mr. Williams of the State of N. J., respecting a Mr. Tyler, Col. Morgan, Neville and Roberts near Pittsburg, and to other citizens through other channels and the newspapers. We are of opinion unanimously that con fidential tetters be written to the Governor of Ohio, 1806 ANAS of THOMAS JEFFERSON. 247 Indiana, Mississippi and Orleans, to the district attorney of Kentucky, of Tennessee, of Louisiana, to have him strictly watched, and on his committing any overt act unequivocally, to have him arrested and tried for treason, misdemeanor, or whatever other offence the act may amount to. And in like manner to arrest and try any of his followers committing acts against the laws. We think it proper also to order some of the gun boats up to Fort Adams, to stop by force any passage of suspicious persons going down in force. Gen. Wilkinson being expressly declared by Burr, to Eaton, to be engaged with him in this design, as his lieutenant, or first in command, and suspicions of in fidelity in Wilkinson being now become very general, a question is proposed what is proper to be done as to him, on this account as well as for his disobedience of orders received by him June 11, at St. Louis, to descend with all practicable despatch to New Orleans, to mark out the site of cretain defensive works there, and then repair to take command at Natchitoches, on which business he did not leave St. Louis till Sep. consideration ad journed. Oct. 24. It is agreed unanimously to call for Captains Preble and Decatur to repair to New Orleans by land or sea, as they please, there to take command of the force on the water, and that the Argus, and two gunboats from N. Y., three from Norfolk and two from Charleston shall be ordered there, if on a consultation between Mr . Gallatin and Mr. Smith the appropriations shall be found to enable us. That Preble shall, on consultation with Governor Claiborne, have grea^ discretionary powers. That Graham shall be sent through Kentucky on Burr s trail, with discretionary powers to consult con- 248 ANAS of THOMAS JEFFERSON. 1806 fidentially with the governors, and to arrest Burr if he has made himself liable. He is to have a commission of Governor of Louisiana, and Dr. Browne is to be removed. Letters are to be written by post to Gov. Claiborne, the Governor of Mississippi and Col. Freeman, to be on their guard against any surprise of our ports or vessels by him. The question as to Gen. Wilkinson postponed till Treble s departure, for further information. Oct. 25. A mail arrived yesterday from the west ward, and not one word is heard from that quarter of any movements by Col. Burr. This total silence of the officers of the Government, of the members of Con gress, of the newspapers proves he is committing no overt act against law. We therefore rescind the de termination to send Preble, Decatur, the Argus, or the gunboats, and, instead of them, send off the marines, which are here to reinforce, or take the place of the garrison at New Orleans, with a view to Spanish opera tions; and, instead of writing to the governors, &c., we send Graham on that route with confidential authority to enquire into Burr s movements, put the governors &c. on their guard, to provide for his arrest, if neces sary, and to take on himself the Government of Louisi ana. Letters are still to be written to Claiborne, Free man and the Governor of Mississippi to be on their guard. Nov. 8. Present the four Heads of Departments. Agreed on instructions to Gen. Wilkinson, which see. Nov. 25. Present at first the four Heads of Depart ments, but after a while Gen. Dearborn withdrew, un well. Despatches from Gen. Wilkinson, to myself, of 1806 AMAS of THOMAS JEFFERSON. 249 October 21, by a confidential officer (Lt. Smith), show that overtures have been made to him, which decide that the present object of the combination is an ex pedition by sea against Vera Cruz; and, by comparing the contents of a letter from Cowles Meade to the Secre tary of State with the information from Lt. Smith that a Mr. vSwartwout from N. York, brother of the late marshal, had been at Gen. Wilkinson s camp, we are satisfied that Swartwout has been the agent through whom overtures have been made to Wilkinson. We came to the following determination: that a Procla mation be issued, (see it) and that orders go as follows to Pittsburg : If we have a military officer there, write to him to be vigilant, in order to discover whether there are any preparations making, or boats, or arms, or other military stores or means providing by any persons against whom there is reasonable ground to suspect that they have in contemplation a military enterprise against any of the territories of Spain (contrary to the Stat. June 5, 94. C. 50) and to stop all bodies of armed men who may be assembled to descend the Ohio under circumstances and appearances so different from those of common emigrants as to induce a reasonable sus picion that they are a part of a combination of persons believed to have such an enterprise in view; to have them bound to the observance of the peace and good behaviour, or to put in a course of legal prosecution, according to the strength of the evidence; and for this purpose to call in the aid of the militia; if we have no officer there, then write to Gen. Neville Marietta. Mr. Gallatin is to write to the collector to proceed to seize the gunboats building in that neighborhood, and suspected to be designed for this enterprise, and to call in the aid of the militia. Gen. Dearborn to write to 250 ANAS of THOMAS JEFFERSON. 1806 Governor Tiffin to furnish a guard of militia sufficient for the detention of the boats, and to write to Gen. Jack son, supposed to be the General of the Brigade on the Vir ginia side of the river, to furnish any aid of militia which may be necessary from the left bank of the river Louisville. Gen. Dearborn to write to the Governor of Kentucky of the same tenor as to the officer at Pitts- burg. Massac. Gen. Dearborn to give orders to Capt. Bissell of the same tenor, and particularly to stop armed vessels suspected on good grounds to be proceeding on this enterprise, and for this purpose to have in readiness any boats he can procure, fitted for enabling him to arrest their passage. Chickasaw Bluffs. Give same orders as to Bissell. Fort Adams. Ditto. New Orleans. Gen. Wilkinson to direct the stations of the armed vessels and, if the arrangements with the Spaniards will per mit him to withdraw, let him dispose of his force as he thinks best to prevent any such expedition, or any at tempt on New Orleans or any cf the posts or military stores of the U. S. (He is also to arrest persons coming to his camp and proposing a concurrence in any such enterprise, or suspected of being in camp with a view to propagate such propositions. This addition is made by Gen. Dearborn with my approbation.) Dec. 15. See a message agreed on unanimously to fur nish money for distressed French. Not sent ; Turreau withdrawing request. Dec. 16. Present the four Heads of Departments. Being informed that the Cambrian, one of the vessels proscribed by the Proclamation of May last, is in Hamp ton Roads, we agreed to issue the Proclamation (which see) dated Dec. 20. To write to Generals Matthews and Wells to furnish militia for cutting off supplies, and to 1807 ANAS of THOMAS JEFFERSON. 251 order the revenue cutters and boats, and the gunboats at Norfolk under Capt. Decatur to attend to the same ; but first to inform Mr. Erskine of what is to be done, and detain our orders some days, to give time for the effect of his interference. The papers were to have gone off on the 20th, but that morning he informed Mr. Madi son the Cambrian was gone, so our orders and Procla mation were suppressed. (See the draft of the Pro clamation.) Dec. 19. Present the Heads of Departments, (except Mr. Gallatin). See an unfinished letter of Dec. 20, to Governor Claiborne, containing the sum of the orders agreed to be sent. Feb. 2, 1807. Present the Heads of Departments and Attorney General. Letters having been received from our ministers in London, of Nov. 11, informing that they were likely to settle satisfactorily the great points of Colonial commerce, (indirect) blockade, jurisdiction, commerce on footing gentis amiscissimae. Bast India ditto on that of Jay s treaty, but that the right of taking their seamen out of our vessels at sea (which in its exer cise took ours also) would not be given up by treaty, though moderated in practice, and that our commis sioners meant to conclude such an one, I proposed these questions. 1. Shall we agree to any treaty yielding the principle of our non-importation Act, and not securing us against impressments? Unanimously not. Because it would be yielding the only peaceable instrument for coercing all our rights. The points they yield are all matters of right. They are points which Bona parte and Alexander will concur in settling at the treaty 252 ANAS of THOMAS JEFFERSON. 1807 of peace, and probably in more latitude than Great Britain would now yield them to us, and our treaty would place on worse ground, as to them, than will be settled for Europe. The moment is favorable for making a stand, and they will probably yield, and the more probably as their negotiators had agreed to an article that they would not impress on the high seas, or in any other than their own ports ; which had once before been agreed to with Mr. King, but retracted in both cases. We had better have no treaty than a bad one. It will not restore friendship, but keep us in a state of constant irritation. 2. Shall we draw off in hostile attitude, or agree in formally that there shall be an understanding be tween us that we will act in practice on the very prin ciples proposed by the treaty, (except as to the E. India commerce) they defining what breaks the con tinuity of a voyage, blockades, jurisdiction &c., and we agreeing to recommend to Congress to continue the supervision of the non-importation. The last mode decided unanimous. Art 3. Shall we consult the Senate? Unanimously not. Had the 1st question been decided affirmatively their advice should have been asked. Mr. Madison was not satisfied whether we ought not to propose giving up the right of employing their seamen at all in our ves sels, and making it penal on our commanders, as an inducement to them to give up impressment and trust to the effect of such a law for securing to them the use of all their seamen. Our commissioners are to be immediately instructed to adhere to their origi nal instructions, which made the impressment a sine qua non. Feb. 27. Present Madison, Dearborn, Smith, Rod- 1807 ANAS of THOMAS JEFFERSON. 253 ney. Agreed to discharge all the militia at the stations from the mouth of Cumberland upwards, to give up all boats and provisions seized (except Bleiinerhasset s) or pay the value, applying them in that case, to public use ; to institute an inquiry into the proceedings of Burr and his adherents, from N. Y. to New Orleans, and par ticularly to appoint good men at the following points : Pittsburg, Marietta, Wood county, Cincinnati, Louis ville, Nashville, Vincennes, St. Louis, Natchez, New Orleans, Statesburg, City of Washington, Philadelphia, New York and other points in that State, to take affi davits. The Attorney General to prepare interroga tories; the vessels in the Mediterranean to be relieved; the Act for 30,000 volunteers to be committed to gov ernors of Western States for execution. The Arkansas to be explored. Mar. 17. Present all. British treaty. Agreed that the article against impressrrent shall be a sine qua non, according to our instructions of Feb. 3. So also the withdrawing the declaration respecting the French decree of blockade, or the modifying it so as not to affect the treaty and, as the treaty is opened for these pur poses, endeavor to alter the following articles: 1. E. India trade, restore Jay s articles. 2. Keep the one now in. 3. Expunge it, but on this head we are to enquire of merchants before we send the instruction. Art. 8. Avoid, if possible, the express abandonment of free ships free goods. Art. 10. Have blockade de fined according to the British note formerly received. Art. 17. Expunge stipulation to receive their vessels of war and especially the humiliating stipulation to treat their officers with respect, reserve the right to indemnifi cations Absolutely forbid the proposed convention for 254 ANAS of THOMAS JEFFERSON. 1807 giving them a right to trade with the Indians of Louisi ana. Art. 5. Tonnage c. Consult with merchants. A circular letter to the governors &c., for carrying the Volunteer Act in execution was agreed on. Persons were named for conducting inquiries into Burr s treasons, &c., and his associates, and Newark and Trenton in Jersey, and Newport in Kentucky were added. It was agreed that the seamen employed at New- Orleans were to be considered and paid as militia at militia prices, and that the surplus pay stipulated to them should be paid out of the Navy funds. Apr. 3. Present the Heads of Departments. Agreed to propose to Great Britain not to employ any of her seamen, on her stipulating not to impress from our ships; to endeavor to make the Article for indirect co lonial commerce coextensive in time with the duration of the treaty; agreed also to admit them under the for mer treaty to pay no more duty on Indian goods im ported by the Lakes than we take from our own people, on obtaining from them an acknowledgement of our right to extend the regulation of Indian commerce with in our limits to their traders as well as our own, as is the case with commerce in general in Atlantic States. The enquiry into Burr s conspiracy to be begun by the Attorney General immediately. July 2, 1807. Present all the Heads of Departments and Attorney General. The Proclamation of this day unanimously agreed to. A copy of the Proclamation to be enclosed to the Governors. Recall all our vessels from the Mediterranean, bv a 1807 AVAS of THOMAS JEFFERSON. 255 vessel to be sent express. Send the Revenge to England with despatches to our minister demanding satisfaction for the attack on the Chesapeake, in which must be included: 1. A dis avowal of the Act, and of the principle of searching a public armed vessel. 2. A restoration of the men taken. 3. A recall of Admiral Barclay. Communi cate the incident which has happened to Russia. Orders had been already issued for a court of Inquiry on Barron. The vessels recalled from the Mediterranean are to come to Boston. When may be further orders. July 4. Present the same. Agreed that a call of con gress shall issue the 4th Monday of Aug. (24th) to meet the 4th Monday in October (26th) unless new occur rences should render an earlier call necssary. Mr. Smith wished an earlier call. July 5. Present the same. It was agreed to call on the governors of the States to have their quotas of 100,000 militia in readiness. The object is to have the portions on the sea-coast ready for any emergency, and for those in the North we may look to a winter ex pedition against Canada. July 7. Present the Secretaries of State and Navy, and Attorney General. Agreed to desire Governor of Virginia to order such portion of militia into actual service as may be necesasry for defence of Norfolk, and of the gunboats at Hampton and in Matthews county. July 26. Norfolk. Agreed that all the militia at this place, and on both sides of James river, be dis missed, except: 1. An artillery company, to serve the 256 ANAS of THOMAS JEFFERSON. 1807 spare guns at Norfolk, and to be trained to their man agement. 2. A troop of cavalry, to patrol the country in the vicinity of the squadron, as well to cut off their supplies as to give notice of any sudden danger ; to meet which the militia of the borough and neighboring coun tries must hold themselves in readiness to march at a moment s warning, a major to command the two com panies of artillery and cavalry. Offensive measures. Prepare all necessaries for an attack of Upper Canada and the upper part of Lower Canda as far as the mouth of Richelieu river. Prepare also to take possession of the Island of Cam- pobello, &c., in the Bay of Passamaquoddy. The points of attack in Canada to be. 1. Detroit, 2. Niagara, 3. Kingston, 4. Montreal. 1. Detroit. 300 Militia of Michigan. 1000 Do. from the State of Ohio. 100 Regulars from Fort Detroit, Fort Wayne. 2. Niagara. 1400 1500 Militia from Pennsylvania and Genesee. One artillery company of regulars from Niagara. 3. Kingston. 4. Montreal 1500 1500 Militia from New York. 1500 1500 Militia from New York. 2000 " " Vermont. 1000 " " Massachusetts. 1000 " " New Hampshire. 5500 1807 ANAS of THOMAS JEFFERSON. 257 5. Campobello. 500 Militia from Maine. 10,300 Militia. General Officers for the attack on Detroit, Gen. Hull. Niagara, Kingston, Gansevoort Montreal, Campobello, Col. Trescott or Brig. Gen. Chandler. It is understood that everything which is not already in the neighborhood of the places can be got, and carried as fast as the men can be collected and marched, except provisions to Detroit. Half tents and traveling carriages for artillery to be made. Measures to be taken for obtaining information from Dertoit through Gen. Hull. Niagara, Erastus Granger. Kingston Montreal, Saillee Quebec. Halifax some person to be covered under a com mission of agency for. Some merchant who may have a vessel there under adjudication. The Secretary of War to recommend to the governors to press for twelve month volunteers under the last Act, rather than six months. Do. under the former. July 27. Defensive measures. The places needing defence divided into three classes : 258 ANAS of THOMAS JEFFERSON. 1807 1. Where batteries only need be provided to be guarded in common by a few men only, and to be manned, when necessary, by militia. 2. Places which, from their importance, require some stronger defense, but which, from the forts already built, the difficulty of access and the strength of their adjacent population, need only repairs, some incon siderable additions to their works and garrisons. 3. Places which, from their importance and ease of access by land and water, may be objects of attack and which, from the weakness of their population, difficulties of defense, &c., will need particular attention and provision. In distributing the sea ports into these classes their importance, so far as depends on their tonnage, collection of import, exports domestic and foreign, may be obtained from a table prepared by the Secretary of the Treasury (which see). 1st class may be taken from that table readily per haps some places not in that may require some de fence. 3d Class Portsmouth, N. H. Newburyport Salem Boston Providence New London Saybrook New Haven Philadelphia Wilmington, Del. Baltimore James River Ocracoke Wilmington, N. C. Charleston On each of these we conferred, suc cessively, and came so far to a gen eral understanding of the nature and extent of the works, and num ber of gunboats necessary for their defense, as might enable the Sec retary at War to make out a de tailed statement for each, for fu ture consideration, estimating the expense of works, number of men, and number of gunboats necessary for each. 1807 ANAS of THOMAS JEFFERSON. 259 3d Class. Portland "1 Newport New York Alexandria and Washington Norfolk On these, also successively, con ferences took place, so as to enable the Secretary at War to make a similar statement as to them. Savanna New Orleans J July 28. The existing appropriations for fortifica tions being not more than sufficient for New York, Char leston and New Orleans, it is thought best to employ them entirely on those places, and leave the others till further appropriations. It is thought that the Secretary of the Navy should purchase on credit timber and other materials for a great number of gunboats, suppose 100, but that they should chiefly be of those kinds which may be useful for the Navy should Congress not authorize the building gun boats. Also that he should purchase on credit 500 tons of saltpetre and 100 tons of sulphur on the presumption that Congress will sanction it. Our stock of swords, pistols and mortars being not sufficient, the Secretary of War will take measures for procuring a supply of the two former articles, and will keep Troxall constantly employed in making mortars, until a sufficient stock be provided. The Secretary of the Navy will take immediate meas ures for procuring from London 100 telescopes of about 10 guinea price, for the establishment of telegraphs. It is agreed that 15,000 regular troops will be re quisite for garrisons, and about as many more as a dis posable force, making in the whole 30,000 regulars. It is also recommended to the Secretary of the Navy 260 ANAS of THOMAS JEFFERSON. 1807 to recruit the whole number of marines allowed by law, to wit, about 1100, principally for the service of the gunboats. On the question, Under what circum stances I may order Decatur to attack the British ves sels in our waters, it is the opinion that if they should blockade any place, preventing vessels from entering or going out, or proceed systematically in taking our vessels within our waters, that the gunboats should at tack them, if they can do it with a good prospect of suc cess. But Decatur is not to do this without orders from me. Should they attack Norfolk, or enter Elizabeth river, Decatur may attack them without waiting orders. In endeavoring to obtain information of the state of the British posts to be attacked, the following will be the proper objects of enquiry: 1 . The regular force. 2. The force of the militia they may command, and the temper and disposition of the people, and whether armed. 3. The character of the commanding officer. 4. The situation of the fort, whether in good repair if requiring regular approaches the situation of their magazines, &c. 5. Plans of the works ; maps of the roads ; what are the obstacles to the march of troops, &c. It is agreed that Congress shall be called to meet on Monday, the 26th of October, and that we will assemble here on Monday, the 5th of October; the Proclamation to issue immediately. 1807 ANAS of THOMAS JEFFERSON. 261 Mr. Gallatin s estimate. 30,000 men employed ashore and in gunboats 300 9,000 ,000 Navy 1,500,000 Occasional militia 1,000,000 Ordnance, transports, fortifications 1,500,000 Interest on public debt 3,500,000 All civil expenses 1,500,000 18,000,000 Ways and Means. Present impost reduced by war to 8,000,000 Additional duties and taxes 2,500,000 Sales of land 500,000 Deficiency to be supplied by annual loan .... 7,000,000 18,000,000 Besides which we must borrow annually the install ments of public debt becoming due that year. Oct. 10. Present the four Secretaries. Agreed unani mously that, in consideration of information received, as to the strength of the British posts in Canada, 3000 men (instead of 1500) must be ordered against Niagara, and 500 only (instead of 1500) against Kingston. That in the message at the opening of Congress the treaty and negotiations should not be laid before them, be cause still depending. October 22. Present all. The Constitution is to re main at Boston, having her men discharged; the Wasp is to come to N. York; the Chesapeake is to remain at Norfolk; and the sending the U. S. frigate to New York is reserved for further consideration, enquiring, in the 262 ANAS of THOMAS JEFFERSON 1807 meantime, how early she could be ready to go. It is considered that, in case of war, these frigates would serve as receptacles for enlisting seamen to fill the gun boats occasionally. After agreeing as above, proceeding to consider how the crew of the Constitution should be paid off (the Navy funds being exhausted) before the meeting of Congress, it was concluded that, in order to gain time till their meeting, the Constitution should be brought round to N. York and the United States be destined for Boston. Oct. 31. Gunboats to be stationed at N. York, 17 at Norfolk, 3 at Charleston, 15 at New Orleans and 8 building in Western country. They are to have eight men for the guns, three sailors for the sails, and to de pend on militia of the place for the rest, a captain for each flotilla. Nov. 26. Present all the members. 27. Do. except the Attorney General. " 28. Present all the members. See a paper containing min utes of the proceedings of these days, in which there was no dissentient voice. NOD. 27. Present all. Gov. Hull writes from De troit, Nov. 8th, that he has called on the Gov. of Ohio for 500 militia infantry and a company of horse, in con sequence of a collection of Indians, kept at Amherst- burg, and other indications of war. General Dearborn having before directed Hull to strengthen his garrison (of 50 regulars) by calling into service three companies of militia of the place, thought it would be sufficient if we ordered three or four companies more from Ohio. 1808 ANAS of THOMAS JEFFERSON. 263 The other gentlemen thought we had better let Hull s call take its course, being attentive the moment we re ceive intelligence from England to modify it accordingly. Agreed that an order shall be enclosed to Gov. Clai- borne, to remove by military force intruders on the Batture under the Act of the last session of Congress. Information being received that great numbers of in truders have set down on the lands lately obtained from the Chickasaws and Cherokees, and particularly within the Yazoo tract, and some also within the Cherokee lines, the Secretary at War is to give immediate orders for removing them by military force. Jan. 25, 1808. Mr. Dawson called on me and in formed me that yesterday he was called on by a Mr. Hall, a native of the U. S., but a British subject, en gaged in commerce here, who told him he had had a vessel condemned at Halifax, and was going to England to prosecute the appeal. That, being acquainted with Mr. Erskine, and known also to Mr. Rose since his arri val, he had informed them, and they had desired him to be the bearer of their despatches, which would be ready on the 27th. These despatches he said would be de livered in a box, would contain all their corrmunica- tions to their Government, consequently their opera tions here, intrigues, spies, friends, information, their own views, prospects and designs. That he believed his appeal would cost him as much as he should recover, that he was now a ruined man, had been cruelly treated by England, therefore wished to quit that country and become an American. That, for a proper reward, (he did not say what) he would take the papers out of the box which should be delivered him, deliver them to us , 264 ANAS of THOMAS JEFFERSON. 1808 fill the box with blank papers, return to N. York, and, making some excuse for not going, he would send the box to its address. He said we should be on our guard , for that those ministers had many spies in Washington, and one in the President s house, who informed them of everything passing. This man is known to have been much attended to by Erskine, to have been at his par ties, at those of Taylor, &c. My answer to Mr. Dawson was that the Government would never be concerned in any transaction of that character; that moral duties were as obligatory on nations as on individuals, that, even in point of interest, a character of good faith was of as much value to a nation as an individual, and was that by which it would gain most in the long run. That, however, he might assure Hall that we would keep his secret. Mr. Dawson had consulted with Mr. Nicholas on this communication, and, after I had given him the above answer, I men tioned it to Mr. Madison , who approved of it. Apr. 5, 08. Present the four Secretaries. Having now 100 gunboats building, and about 70 in service, we agreed that 20 should be stationed at New Orleans, with 20 men in each, about half a dozen to be kept in differ ent places, for enforcing the embargo, with eight or ten men each. Of the residue, keep on the stocks as many as we can by agreement, for preservation, and to all the rest allow two men each. Let the frigates and sloop remain where they are, with about twenty or thirty men each to keep them clean. Which will re duce the number of seamen to less than 900. The ori ginal establishment, as the law on which the Proclama tion is founded expires with the end of this session, it is rather believed that its renewal would not renew the 1808 ANAS of THOMAS JEFFERSON. 265 Proclamation; and, as it would be disagreeable either to renew or revoke it, we conclude to let it go off in that doubtful way which may afford a reason for not pro ceeding to actual hostilities against British armed ves sels entering our waters. We agree to renew the call for the 100,000 militia and volunteers. June 30, 08. Present the four Secretaries and At torney General. Ninety-six applications for permis sion to send vessels out for property. Agreed as general rules, 1. That no permission shall be granted after the of . 2. None to Europe, because of the danger of the capture or detention of the vessels, and money can be drawn thence so easily by bills, and to such advantage by the favorable exchange. 3. None to Asia, or the continent of Africa, except Mogadore. 4; None to South America beyond the line. From such distances vessels could not return before war may take place. Agreed to continue the regulation of Mr. Galla- tin s circular of May 20th, except that it may be relaxed as to vessels usually employed in the coasting trade. This has a special view to the relief of North Carolina, that her corn and lumber may be sent coastwise. The Chesapeake being manned may be sent on a cruise from St. Mary s to Passamaquoddy. Two gunboats are to be built on Lake Champlain and one on Lake Ontario. As many as convenient of the troops now raising are to be rendezvoused along Lake Ontario and the St. Law rence. A copy of the Attorney General s opinion on the mandamus issued to Theus in South Carolina to be sent to the District Attorney, with instructions to op pose all future attempts of the kind, and Theus to be reprimanded for his countenance to the procedure. We 266 ANAS of THOMAS JEFFERSON. 1808 are agreed that a mission to St. Petersburg is exped ient; the time not now decided. July 6, 08. Present the four Secretaries and At torney General. 1. England revokes her orders of November and January. Shall we suspend the em bargo laws as to her? Answer, unanimously, we shall. 2. If she revokes the order of November alone ? Answer, we shall suspend, the Attorney General alone dissenting. 3. If she revokes the order of November as to our own produce only? Answer, unanimously, not to suspend, but in that case to call Congress at an earlier day. If France repeals her Berlin and Milan decrees and re stores the property sequestered, shall we suspend the embargo laws as to her? Answer. Call Congress and declare the embargo laws as to France suspended in 14 days. Mr. Madison is strongly opposed to this latter part the suspension because it lets our vessels fall into the hands of Eng land and so pre-determines the question of war. If the embargo is suspended as to one of the powers, it must be so as to the whole world except the other power and all other nations having similar decrees or orders existing against us. October 22, 08. Present the four Secretaries. (1) Intruders on the new purchase south of the Tennessee. 2. On the Indian lands (Choctaw and Cherokee) on each side of that purchase. 3. On the north side of Red River. Agreed unanimously as to the first to appoint a Register and he to give notice to all the in truders to come in and make a declaration that they have no claim to the lands, and that a military be sent 1808 ANAS of THOMAS JEFFERSON. 267 in the spring to remove all who do not. There is a Colonel Harrison claiming and surveying under Coxe, who probably will not disclaim right and will therefore be removable without disturbing the others who are said to be industrious men of property and disposed to obey the laws. The land office can be opened in the spring which will settle everything. 2. As to intruders on the Indian lands, give notice to depart, and if they do not, remove them in the spring by military force, except from Doubleheads land. 3. As to those on Red River, let them alone and get Con gress to extend the land law to them, as they are con veniently situated to support New Orleans. Unani mously agreed to. Order the detachment of 100,000 men under the law of last session, to be ready early in the spring that we may be prepared for any change in our foreign relations. Unanimously agreed in the sentiments which should be un-authoritatively expressed by our agents to in fluential persons in Cuba and Mexico, to wit, "If you remain under the dominion of the kingdom and family of Spain, we are contented ; but we should be extremely unwilling to see you pass under the dominion or as cendency of France or England. In the latter cases should you choose to declare independence, we cannot now commit ourselves by saying we would make com mon cause with you but must reserve ourselves to act according to the then existing circumstances ; but in our proceedings we shall be influenced by friendship to you, by a firm belief that our interests are intimately con nected, and by the strongest repugnance to see you under subordination to either France or England, either politically or commercially. Anderson, our consul, go ing to Havana, is to be instructed accordingly; so is 268 ANAS of THOMAS JEFFERSON. 1808 Hughes who is going to Mexico in quest of Pike s men ; and Burling is to be sent to the city of Mexico under pretext of searching for Pike s men also, but in truth to communicate these sentiments to proper characters. Claiborne is to be intrusted with them also, to com municate according to the occasions he may find. November 9, 1808. Conversation with Mr. Erskine. He was much alarmed at the conversation out of doors looking like a declaration of war with Great Britain. He spoke (declaring that if he was an American he would so view the thing) as the most rational for us to let our commerce go out and take its chance and that we should defend it against all equally, indeed he seemed to think it best we should declare against all. He said this would be viewed as so equal that no rancorous war would be waged by either and peace would be easy at any time. I told him that there were but three alterna tives: 1, war, 2, embargo, 3, submission, and that no American would look a moment at the last. He agreed to it. I told him I thought it possible France might repeal her decrees as to us, yet I did not understand from Mr. Pinckney s communications that England would even then revoke her decree; he declared in the most ex plicit terms she would. I then explained that the French repeal might only go to the high seas. He ob served that he did not know that that could produce a repeal from England because the exclusion of her mer chandise would remain. I observed to him that I thought England was operated on much by misrepresentations and from the errors of strangers who associated with but one party. He cleared himself of that by saying he mixed much 1808 ANAS of THOMAS JEFFERSON. 269 with both, and could not be supposed to have any inter est but in coming at the truth and communicating it. I noted to him the tone in the conversation of Mr. Canning in the month of June when Mr. Pinckney in ferred the orders would be revoked and the month of July when he was totally off. I intimated to him my suspicion that the Halifax expedition was intended to support a hoped insurrection in Boston. He protested at once decidedly against the error of that suspicion, that his government would not be so uninformed as to think of coutenancing the taking adverse possession of a place they could not hold many days, and that assuredly they had not a single hostile view towards this country, and that the people of England were equally averse to a rupture with us. He spoke of the situation of Spain and that Bonaparte would soon be ousted there. (He) Lamented the state of the world and I joined him in that and said, that if either Bonaparte or his king were to die we would have peace. He said the Prince of Wales was as much an Anti-Bonapartian as anybody. That he was persuaded there could be no safety in a peace with him which would let their navy go down and Bonaparte s get up. I observed, that went to a principle of eternal war. He said no; that that danger would be lessened by Bonaparte s death, or by such a spirit of insurrection in the North as had ap peared in Spain. I told him I was going out of the administration and therefore might say to him things which I would not do were I to remain in. I wished to correct an error which I at first thought his Government above being led into from newspapers, but I apprehended they had adopted it; this was the supposed partiality of the Adminis tration and particularly myself in favor of France and 270 ANAS of THOMAS JEFFERSON. 1808 against England. I observed that when I came into the Administration there was nothing I so much de sired as to be on a footing of intimate friendship with England; that I knew as long as she was our friend no enemy could hurt; that I would have sacrificed much to have effected it and therefore wished Mr. King to have continued there as a favorable instrument; that if there had been an equal disposition on their part I thought it might have been effected ; that although the question of impressments was difficult on their side and in superable with us, yet had that been the sole question, we might have shoved along, in the hope of some com promise; that indeed there was a ground of accomoda- tion which his ministry had on two occasions yielded to for a short time, but retracted; that during the ad ministration of Mr. Addington and the short one of Mr. Fox, I had hoped such a friendship practicable, but that during all other administrations I had seen a spirit so adverse to us that I now despaired of any change ; that he might judge from the communications now before Congress whether there had been any partiality to France to whom he would see we had never made the proposition to revoke the embargo immediately which we did to England and again that we had remon strated strongly to them on the style of Mr. Cham- pagny s letter but had not to England on that of Can ning equally offensive; that the letter of Canning now reading to Congress was written in the high ropes and would be stinging to every American breast. Pie admitted Mr. Canning wrote strongly and spoke strongly, always taking the highest ground. I told him it was an unhappy talent, that nothing enabled a man to get along in business so well as a smooth tem per and smooth style. I observed that if we wished war . 1808 AVAS of THOMAS JEFFERSON. 271 with England as the federalists charged us, and I feared his Government might believe, nothing would have been so easy when the Chesapeake was attacked, and when even the federalists themselves would have con curred, but on the contrary that our endeavors had been to cool down our countrymen and carry it before the Government. He said it would have been very unjust to have made an individual act the ground of war, which his Government might and did disavow. I agreed to that, but added that the same class of men had committed and were in the habit of committing so many atrocious insults on us, that it was impossible not to feel them deeply: that I did not charge his Govern ment with approving all this, because I believed that they could not control them ; that the officers were allied to the highest families in the kingdom, were supported by such an aristocracy as that no Minister dare move against one, unless he had acted as a coward and then the nation would support the Minister in shooting him. He said I was much mistaken in supposing the Govern ment could not control the officers of the navy; that there was such a multitude of applicants to enter the navy as placed the whole very much under the power of the Government, and besides that they had such a num ber of officers beyond what they could employ as made it easy for a Minister to leave any one unemployed. I told him in the course of the conversation that this country would never, return to an intercourse with England while those orders of council were in force; in some part of it also I told him that Mr. Madison (who it was pretty well seen would be my successor, to which he assented) had entertained the same cordial wishes as myself to be on friendly footing with England. I committed all this to writing tfcfc moment Mr. Ers- 272 ANAS of THOMAS JEFFERSON. 1809 kine left me. I have always expressed the substance and very often the very words and phrases expressed. They were however much more dilated than is here ex pressed on paper. December 1, 1808. Present the four Secretaries. The expedition prepared at Halifax, consisting of 4000 men, is believed to be kept in readiness; in case war is declared by us, or obviously imminent, it is to go off instantly. Abandoning Upper Canada to us, and take possession of New Orleans; we threfore determine unanimously that all the new recruits from Pennsyl vania inclusively, southwardly and westwardly shall be sent off immediately (being about 200 men) those in the Atlantic states by sea, the Western down the Ohio and Mississippi, and provisions to be sent down the Mississippi with the men, if the state of the river per mits them to go; besides these there are 1000 of the old troops which can be rapidly brought to New Orleans ; that we may count on 1000 good militia of New Orleans, and 1000 of Mississippi to be instantly commanded, making a force of 5000 men; that 30 gunboats shall be immediately sent into Lake Pontchartrain, and we are to ask 3525 seamen for the next season, to 15 for 17 gun boats, and the residue to fill the 11 small vessels we have from the John Adams, now a corvette, down. These 11 small vessels to be sent immediately to the eastern ports to enforce the embargo. We are to under take to make the canal at New Orleans, cost it what it will. February 1, 1809. Present all. On the execution of the act for employing an additional naval force. Agreed. 1. To raise men to man the 30 gunboats to 1809 ANAS of THOMAS JEFFERSON. 273 proceed to New Orleans. 2. As many as will man 30 more to be sent to different ports to support the embargo. 3. To man the small vessels below the size of a frigate. 4. To man the Constitution. By the time these are raised we shall know whether the embargo, war, or what else is to be the state of things. The Chesapeake is to proceed instantly to Boston. February 25. Present, Secretary of State, Treasury, Navy, Attorney General. What orders shall be given as to English and Spanish ships attempting to pass New Orleans for Baton Rouge? Answer. English ships have been hitherto prohibited, that being the highest port of entry. Spanish ships have been per mitted to go up, except when having slaves on board. Let things continue so till Congress rises, when their proceedings will decide what should be done. Agreed that orders shall be given to the military to remove squatters from the lands of the Chickasaws, Cherokees, and Chocktaws, except Doublehead s re serve and Wafford s settlement. APPENDIX. FIRST INAUGURAL ADDRESS OF THOMAS JEFFERSON Delivered at Washington, D. C, March 4, J80J. Friends and Fellow Citizens Called upon to undertake the duties of the first exe cutive office of our country, I avail myself of the pres ence of that portion of my fellow-citizens which is here assembled to express my grateful thanks for the favor with which they have been pleased to look toward me, to declare a sincere consciousness that the task is above my talents, and that I approach it with those anxious and awful presentiments which the greatness of the charge and the weakness of my powers so justly inspire. A rising nation, spread over a wide and fruitful land, traversing all the seas with the rich productions of their industry, engaged in commerce with nations who feel power and forget right, advancing rapidly to destinies beyond the reach of mortal eye when I contemplate these transcendent objects, and see the honor, the 278 ANAS of THOMAS JEFFERSON. happiness, and the hopes of this beloved country com mitted to the issue and the auspices of this day, I shrink from the contemplation, and humble myself before, the magnitude of the undertaking. Utterly, indeed, should I despair did not the presence of many whom I here see remind me that in the other high authorities provided by our constitution I shall find resources of wisdom, of virtue, and of zeal on which to rely under all difficulties. To you, then, gentlemen, who are charged with the sovereign functions of legislation, and to those associated with you, I look with encouragement for that guidance and support which may enable us to steer with safety the vessel in which we are all embarked amidst the conflcting elements of a troubled world. During the contest of opinion through which we have passed the animation of discussions and of exertions has sometimes worn an aspect which might impose on strangers unused to think freely and to speak and to write what they think; but this being now decided by the voice of the nation, announced according to the rules of the Constitution, all will, of course, arrange themselves under the will of the law, and unite in com mon efforts for the common good. All, too, will bear n mind the sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression. Let us, then, fellow- citizens, unite with one heart and one mind. Let us restore to social intercourse that harmony and affection without which liberty and even life itself are but dreary things. And let us reflect that, having banished from our land that religious intolerance under which man kind so long bled and suffered, we have yet gained little ANAS of THOMAS JEFFERSON. 279 if we countenance a political intolerance as despotic, as wicked, and capable of as bitter and bloody perse cutions. During the throes and convulsions of the ancient world, during the agonizing spasms of infuriated man, seeking through blood and slaughter his long- lost liberty, it was not wonderful that the agitation of the billows should reach even this distant and peaceful shore; that this should be more felt and feared by some and less by others, and should divide opinions as to measures of safety. But every difference of opinion is not a differ ence of principle. We have called by different names brethren of the same principle. We are all Republicans, we are all Federalists. If there be any among us who would wish to dissolve this Union or to change its re publican form, let them stand undisturbed as monu ments of the safety with which error of opinion may be tol erated where reason is left free to combat it. I know, in* deed, that some honest men fear that a republican gov ernment can not be strong, that this Government is not strong enough ; but would the honest patriot, in the full tide of successful experiment, abandon a government which has so far kept us free and firm on the theoretic and visionary fear that this Government, the world s best hope, may by possibility want energy to preserve itself? I trust not. I believe this, on the contrary, the strongest Government on earth. I believe it the only one where every man, at the call of the law, would fly to the standard of the law, and would meet invasions of the public order as his own personal concern. Some times it is said that man cannot be trusted with the government of himself. Can he then, be trusted with the government of others? Or have we found angels in 280 ANAS of T33\{\S JEFFERSON. the forms of kings to govern him? Let history answer this question. Let us, then, with courage and confidence pursue our own Federal and Republican principles, our attach ment to union and representative government. Kindly separated by nature and a wide ocean from the ex terminating havoc of one quarter of the globe; too high- minded to endure the degradation of the others ; possess ing a chosen country, with room enough for our descend ants to a thousandth and thousandth generation ; enter taining a due sense of our equal right to the use of our own faculties, to the acquisitions of our own industry, to honor and confidence from our fellow-citizens, re sulting not from birth, but from our actions and their sense of them; enlightened by a benign religion, pro fessed, indeed, and practiced in various forms, yet all of them inculcating honesty, truth, temperance, grati tude, and the love of man; acknowledging and adoring an overruling Providence, which by all its dispensa tions proves that it delights in the happiness of man here and his greater happiness hereafter with all these blessings, what more is necessary to make us a happy and a prosperous people? Still one thing more, fellow- citizens a wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities. About to enter, fellow-citizens, on the exercise of duties which comprehend everything dear and valu able to you, it is proper you should understand what I deem the essential principles of our Government, and ANAS of THOMAS JEFFERSON. 281 consequently those which ought to shape its adminis tration. I will compress them within the narrowest compass they will bear, stating the general principle, but not all its limitations. Equal and exact jnstice to all men, of whatever state or persuasion, religious or political; peace, commerce, and honest friendship with all nations, entangling alliances with none; the support of the State governments in all their rights, as the most competent administrations for our domestic concerns, and the surest bulwarks against anti-republican tenden cies ; the preservation of the General Government in its whole constitutional vigor, as the sheet anchor of our peace at home and safety abroad; a jealous care of the right of election by the people a mild and safe corrective of abuses which are lopped by the sword of revolution where peaceable remedies are unprovided; absolute acquiescence in the decisions of the majority, the vital principle of republics, from which is no appeal but to force, the vital principle and immediate parent of des potism; a well-disciplined militia, our best reliance in peace and for the first moments of war, till regulars may relieve them; the supremacy of the civil over the mili tary authority; economy in the public expense, that labor may be lightly burdened; the honest payment of our debts and sacred preservation of the public faith; encouragement of agriculture, and of commerce as its handmaid; the diffusion of information and arraign ment of all abuses at the bar of the public reason ; free dom of religion; freedom of the press, and freedom of person under the protection of the habeas corpus, and trial by juries impartially selected. These principles form the bright constellation which has gone before us and guided our steps through an age of revolution and reformation. The wisdom of our sages and blood 282 ANAS of THOMAS JEFFERSON. of our heroes have been devoted to their attainment. They should be the creed of our political faith, the text of civic instruction, the touchstone by which to try the services of those we trust; and should we wander from them in moments of error or of alarm, let us hasten to retrace our steps and to regain the road which alone leads to peace, liberty, and safety. I repair, then, fellow-citizens, to the post you have assigned me. With experience enough in subordinate offices to have seen the difficulties of this the greatest of all, I have learnt to expect that it will rarely fall to the lot of imperfect man to retire from this station with the reputation and the favor which bring him into it. Without pretensions to that high confidence you reposed in our first and greatest revolutionary character, whose preeminent services had entitled him to the first place in his country s love and destined for him the fairest page in the volume of faithful history, I ask so much confidence only as may give firmness and effect to the legal administration of your affairs. I shall often go wrong through defect of judgment. When right, I shall often be thought wrong by those whose positions will not command a view of the whole ground. I ask your indulgence for my own errors, which will never be intentional, and your support against the errors of others, who may condemn what they would not if seen in all its parts. The approbation implied by your suf frage is a great consolation to me for the past, and my future solicitude will be to retain the good opinion of those who have bestowed it in advance, to conciliate that of others by doing them all the good in my power, and to b instrumental to the happiness and freedom of all. Relying, then, on the patronage of your good will, I advance with obedience to the work, ready to retire ANAS of THOMAS JEFFERSON. 283 from it whenever you become sensible how much better choice it is in your power to make. And may that Infinite Power which rules the destinies of the universe lead our councils to what is best, and give them a favor able issue for your peace and prosperity. 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