



Produced by David Widger





[Illustration: Book Spines, 1829 set of Jefferson Papers]

MEMOIR, CORRESPONDENCE, AND MISCELLANIES, FROM THE PAPERS OF THOMAS
JEFFERSON.

Edited by Thomas Jefferson Randolph.


[Illustration: Steel engraving by Longacre from painting of G. Stuart]

[Illustration: Titlepage of Volume Three (of four)]


VOLUME IV.




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 circumstances 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 friendship 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 constitution
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 analogous 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
constitution 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 analogous
situations.'

I quote this for your consideration, observing that the less that is
said about any constitutional 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 Washington 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 constitutional difficulty. I am aware of the force of
the observations you make on the power given by the constitution to
Congress, to admit new States into the Union, without restraining the
subject to the territory then constituting the United States. But when I
consider that the limits of the United States are precisely fixed by the
treaty of 1783, that the constitution 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 assume it by a construction which would make our
powers boundless. Our peculiar security is in the possession of a
written constitution. 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
constitution. 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 pass 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 constitution, 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 constitution. 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 friendship 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 assurances of
cordial esteem and respect.

Th: Jefferson.




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


TO DOCTOR BENJAMIN RUSH.

Washington, 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