Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson
Chapter 196 : Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson.by Thoma

Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson.

by Thomas Jefferson.

LETTER I.--TO LEVI LINCOLN, August 30, 1803

TO LEVI LINCOLN.

Monticello, August 30, 1803.

Deak. Sir,

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

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

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

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

I quote this for your consideration, observing that the less that is said about any const.i.tutional difficulty, the better: and that it will be desirable for Congress to do what is necessary, in silence. I find but one opinion as to the necessity of shutting up the country for some time. We meet in Was.h.i.+ngton the 25th of September to prepare for Congress. Accept my affectionate salutations, and great esteem and respect.

Th: Jefferson.

LETTER II.--TO WILSON C NICHOLAS, September 7, 1803

TO WILSON C NICHOLAS.

Monticello, September 7, 1803.

Dear Sir,

Your favor of the 3rd was delivered me at court; but we were much disappointed at not seeing you here, Mr. Madison and the Governor being here at the time. 1 enclose you a letter from Monroe on the subject of the late treaty. You will observe a hint in it, to do without delay what we are bound to do. There is reason, in the opinion of our ministers, to believe, that if the thing were to do over again, it could not be obtained, and that if we give the least opening, they will declare the treaty void. A warning amounting to that has been given to them, and an unusual kind of letter written by their minister to our Secretary of State, direct. Whatever Congress shall think it necessary to do, should be done with as little debate as possible, and particularly so far as respects the const.i.tutional difficulty. I am aware of the force of the observations you make on the power given by the const.i.tution to Congress, to admit new States into the Union, without restraining the subject to the territory then const.i.tuting the United States. But when I consider that the limits of the United States are precisely fixed by the treaty of 1783, that the const.i.tution expressly declares itself to be made for the United States, I cannot help believing the intention was not to permit Congress to admit into the Union new States, which should be formed out of the territory for which, and under whose authority alone, they were then acting. I do not believe it was meant that they might receive England, Ireland, Holland, &tc. into it, which would be the case on your construction. When an instrument admits two constructions, the one safe, the other dangerous, the one precise, the other indefinite, I prefer that which is safe and precise. I had rather ask an enlargement of power from the nation, where it is found necessary, than to a.s.sume it by a construction which would make our powers boundless. Our peculiar security is in the possession of a written const.i.tution. Let us not make it a blank paper by construction.

I say the same as to the opinion of those who consider the grant of the treaty-making power as boundless. If it is, then we have no const.i.tution. If it has bounds, they can be no others than the definitions of the powers which that instrument gives. It specifies and delineates the operations permitted to the federal government, and gives all the powers necessary to carry these into execution. Whatever of these enumerated objects is proper for a law, Congress may make the law; whatever is proper to be executed by way of a treaty, the President and Senate may enter into the treaty; whatever is to be done by a judicial sentence, the judges may pa.s.s the sentence. Nothing is more likely than that their enumeration of powers is defective. This is the ordinary case of all human works. Let us go on then perfecting it, by adding, by way of amendment to the const.i.tution, those powers which time and trial show are still wanting. But it has been taken too much for granted, that by this rigorous construction the treaty power would be reduced to nothing.

I had occasion once to examine its effect on the French treaty, made by the old Congress, and found that out of thirty odd articles which that contained, there were one, two, or three only, which could not now be stipulated under our present const.i.tution. I confess, then, I think it important, in the present case, to set an example against broad construction, by appealing for new power to the people. If, however, our friends shall think differently, certainly I shall acquiesce with satisfaction; confiding, that the good sense of our country will correct the evil of construction when it shall produce ill effects.

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

Th: Jefferson.

LETTER III.--TO DOCTOR BENJAMIN RUSH, October 4, 1803

TO DOCTOR BENJAMIN RUSH.

Was.h.i.+ngton, October 4, 1803.

Dear Sir,

No one would more willingly than myself pay the just tribute due to the services of Captain Barry, by writing a letter of condolence to his widow, as you suggest. But when one undertakes to administer justice, it must be with an even hand, and by rule; what is done for one, must be done for every one in equal degree. To what a train of attentions would this draw a President? How difficult would it be to draw the line between that degree of merit ent.i.tled to such a testimonial of it, and that not so ent.i.tled? If drawn in a particular case differently from what the friends of the deceased would judge right, what offence would it give, and of the most tender kind? How much offence would be given by accidental inattentions, or want of information? The first step into such an undertaking ought to be well weighed. On the death of Dr.

Franklin, the King and Convention of France went into mourning. So did the House of Representatives of the United States: the Senate refused.

I proposed to General Was.h.i.+ngton that the executive departments should wear mourning; he declined it, because he said he should not know where to draw the line, if he once began that ceremony. Mr. Adams was then Vice-President, and I thought General Was.h.i.+ngton had his eye on him, whom he certainly did not love. I told him the world had drawn so broad a line between himself and Dr. Franklin, on the one side, and the residue of mankind, on the other, that we might wear mourning for them, and the question still remain new and undecided as to all others. He thought it best, however, to avoid it. On these considerations alone, however well affected to the merit of Commodore Barry, I think it prudent not to engage myself in a practice which may become embarra.s.sing.

Tremendous times in Europe! How mighty this battle of lions and tigers?

With what sensations should the common herd of cattle look on it? With no partialities certainly. If they can so far worry one another as to destroy their power of tyrannizing the one over the earth, the other the waters, the world may perhaps enjoy peace, till they recruit again.

Affectionate and respectful salutations.

Th: Jefferson.

LETTER IV.--TO M. DUPONT DE NEMOURS, November 1, 1803

TO M. DUPONT DE NEMOURS.

Was.h.i.+ngton, November 1, 1803.

My Dear Sir,

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

I have communicated with Mr. Gallatin on the subject of using your house in any matters of consequence we may have to do at Paris. He is impressed with the same desire I feel to give this mark of our confidence in you, and the sense we entertain of your friends.h.i.+p and fidelity. Mr. Behring informs him that none of the money which will be due from us to him, as the a.s.signee of France, will be wanting at Paris.

Be a.s.sured that our dispositions are such as to let no occasion pa.s.s unimproved, of serving you, where occurrences will permit it.

Present my respects to Madame Dupont, and accept yourself a.s.surances of my constant and warm friends.h.i.+p.

Th: Jefferson.

LETTER V.--TO ROBERT R. LIVINGSTON, November 4,1803

TO ROBERT R. LIVINGSTON.

Was.h.i.+ngton, November 4,1803.

Dear Sir,