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effect here. The style of that government in the Spanish business, was calculated to excite indignation; but it was a case in which that might have done injury. But the present is a case which would justify some notice in order to let them understand we are not of those powers who will receive and execute mandates. I think the answer should show independence as well as friendship. I am anxious to receive the opinions of our brethren after their review and consideration of the Spanish papers. I am strongly impressed with a belief of hostile and treacherous intentions against us on the part of France, and that we should lose no time in securing something more than a mutual friendship with England.

Not having heard from you for some posts, I have had a hope you were on the road, and consequently that Mrs. Madison was re-established. We are now in want of rain, having had none in the last ten days. In your quarter I am afraid they have been much longer without it. We hear great complaints from F. Walker's, Lindsay's, Maury's, &c., of drought. Accept affectionate salutations, and assurances of constant friendship.


P. S. I suppose Kuhn, at Genoa, should have new credentials.


MONTICELLO, August 27, 1805. DEAR SIR,-Yours of the 20th has been received, and in that a letter from Casinore, and another from Mrs. Ciracchi; but those from Turreau and to Upryo were not enclosed. Probably the former was what came to me by the preceding post, respecting Moreau; if so, you have my opinion on it in my last. Considering the character of Bonaparte, I think it material at once to let him see that we are not of the powers who will receive his orders.

I think you have misconceived the nature of the treaty I thought we should propose to England. I have no idea of cominitting ourselves immediately or independently of our further


will to the war. The treaty should be provisional only, to come into force on the event of our being engaged in war with either France or Spain during the present war in Europe. In that event we should make common cause, and England should stipulate not to make peace without our obtaining the objects for which we go to war, to wit, the acknowledgment by Spain of the rightful boundaries of Louisiana (which we should reduce to our minimum by a secret article) and 2, indemnification for spoliations, for which purpose we should be allowed to make reprisal on the Floridas and retain them as an indemnification. Our co-operation in the war (if we should actually enter into it) would be sufficient consideration for Great Britain to engage for its object; and it being generally known to France and Spain that we had entered into treaty with England, would probably ensure us a peaceable and immediate settlement of both points. But another motive much more powerful would indubitably induce England to go much further. Whatever ill-humor may at times have been expressed against us by individuals of that country, the first wish of every Englishman's heart is to see us once more fighting by their sides against France; nor could the king or his ministers do an act so popular as to enter into an alliance with us. The nation would not weigh the consideration by grains and scruples. They would consider it as the price and pledge of an indissoluble friendship. I think it possible that for such a provisional treaty their general guarantee of Louisiana and the Floridas. At any rate we might try them. A failure would not make our situation worse. If such a one could be obtained we might await our own convenience for calling up the casus fæderis. I think it important that England should receive an overture as early as possible, as it might prevent her listening to terms of peace. If I recollect rightly, we had instructed Moreau, when he went to Paris, to settle the deposit ; if he failed in that object to propose a treaty to England immediately. We could not be more engaged to secure the deposit then than we are the country now, after paying fifteen millions for it. I do expect, therefore, that, considering the present state of things as analagous to that, and virtually within his instructions, he will very likely make the proposition to England. I write my thoughts freely, wishing the same from the other gentlemen, that seeing and considering the ground of each other's opinions we may come as soon as possible to a result. I propose to be in Washington by the 2d of October. By that time I hope we shall be ripe for some conclusion.

I have desired Mr. Barnes to pay my quota of expenses relating to the Marseilles cargo, whatever you will be so good as to notify him that it is. I wish I could have heard that Mrs. Madison's course of recovery were more speedy. I now fear we shall not see you but in Washington. Accept for her and yourself my affectionate salutations, and assurances of constant esteem and respect.


MONTICELLO, September 16, 1805. DEAR SIR,—The enclosed letter from General Armstrong furnishes matter for consideration. You know the French considered , themselves entitled to the Rio Bravo, and that Laussal declared his orders to be to receive possession to that limit, but not to Perdido; and that France has to us been always silent as to the western boundary, while she spoke decisively as to the eastern. You know Turreau agreed with us that neither party should strengthen themselves in the disputed country during negotiation; and Armstrong, who says Monroe concurs with him, is of opinion, from the character of the Emperor, that were we to restrict ourselves to taking the posts on the west side of the Mississippi, and threaten a cessation of intercourse with Spain, Bonaparte would interpose efficiently to prevent the quarrel from going further. Add to these things the fact that Spain has sent five hundred colonists to St. Antonio, and one hundred troops to Nacogdoches, and probably has fixed or prepared a post at the Bay of St. Bernard, at Matagordo. Supposing, then, a previous alliance with

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England to guard us in the worst event, I should propose that Congress should pass acts, 1, authorizing the executive to suspend intercourse with Spain at discretion ; 2, to dislodge the new establishments of Spain between the Mississippi and Bravo ; and 3, to appoint commissioners to examine and ascertain all claims for spoliation that they might be preserved for future indemnification. I commit these ideas merely for consideration, and that the subject may be matured by the time of our meeting at Washington, where I shall be myself on the 2d of October. I have for some time feared I should not have the pleasure of seeing you either in Albemarle or Orange, from a general observation of the slowness of surgical cases. However, should Mrs. Madison be well enough for you to come to Orange, I will call on you on my way to Washington, if I can learn you are at home. General Dearborne is here. His motions depend on the stage. Accept for Mrs. Madison and yourself affectionate salutations.

P. S. 1 am afraid Bowdoin's journey to England will furnish a ground for Pinckney's remaining at Madrid. I think he should be instructed to leave it immediately, and Bowdoin might as well, perhaps, delay going there till circumstances render it more necessary.


WASHINGTON, October 18, 1805. DEAR SIR, I had detained the letter of Mr. Merry on Foster's claims of freedom from importing duties, in expectation that Mr. Madison's return would enable him, you and myself, to confer on it. If the case presses, I will express my opinion on it. Every person diplomatic in his own right, is entitled to the privileges of the law of nations, in his own right. Among these is the receipt of all packages unopened and unexamined by the country which receives him. The usage of nations has established that this shall liberate whatever is imported bona fide for his own use, from paying any duty. A government may control the number of diplomatic characters it will receive; but if it receives them it cannot control their rights while bona fide exereised. Thus Dr. Franklin, Mr. Adams, Colonel Humphreys, and myself, all residing at Paris at the same time, had all of us our importation duty free. Great Britain had an ambassador and a minister plenipotentiary there, and an ambassador extra for several years; all three had their entries free. In most countries this privilege is permanent. Great Britain is niggardly, and allows it only on the first arrival. But in this as she treats us only as she does the most favored nations, so we should treat her as we do the most favored nations. If these principles are right, Mr. Foster is duty free. If you concur, let it be so settled. If you think differently, let it lie for Madison's opinion. Colonel Monroe, in a letter of May, from Madrid, expressed impatience to get back to London that he might get to America before the equinox. It was the first I had heard of his having any thought of coming here, and though equivocally expressed, I thought he meant only a visit. In subsequent letters from Paris and London, down to August 16, he says nothing of coming; on the contrary, he has re-opened a particular negotiation. The motives which led him to wish to arrive before the equinox would prevent his venturing between the equinox and winter. I think, therefore, he has no fixed idea of coming away. Accept affectionate salutations.


WASHINGTON, March 2, 1806. GENTLEMEN,—I have received the favor of your letter of February the 2d, and read with thankfulness its obliging expressions respecting myself. I regret that the object of a letter from persons whom I so much esteem, and patronized by so many other respectable names, should be beyond the law which a mature consideration of circumstances has prescribed for my conduct. I deem it the duty of every man to devote a certain portion of his income for charitable purposes; and that it is his further duty to see it so applied as to do the most good of which it is capable.

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