Томас Джефферсон - Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4

TO WILSON C. NICHOLAS.

Monticello, June 13, 1809.

Dear Sir,

I did not know till Mr. Patterson called on us, a few days ago, that you had passed on to Washington. I had recently observed in the debates of Congress, a matter introduced, on which I wished to give explanations more fully in conversation, which I will now do by abridgment in writing. Mr. Randolph has proposed an inquiry into certain prosecutions at common law in Connecticut, for libels on the government, and not only himself, but others have stated them with such affected caution, and such hints at the same time, as to leave on every mind the impression that they had been instituted either by my direction, or with my acquiescence, at least. This has not been denied by my friends, because probably the fact is unknown to them. I shall state it for their satisfaction, and leave it to be disposed of as they think best.

I had observed in a newspaper (some years ago, I do not recollect the time exactly), some dark hints of a prosecution in Connecticut, but so obscurely hinted, that I paid little attention to it. Some considerable time after, it was again mentioned, so that I understood that some prosecution was going on in the federal court there, for calumnies uttered from the pulpit against me by a clergyman. I immediately wrote to Mr. Granger, who, I think, was in Connecticut at the time, stating that I had laid it down as a law to myself, to take no notice of the thousand calumnies issued against me, but to trust my character to my own conduct, and the good sense and candor of my fellow-citizens; that I had found no reason to be dissatisfied with that course, and I was unwilling it should be broke through by others as to any matter concerning me; and I therefore requested him to desire the district attorney to dismiss the prosecution. Some time after this, 1 heard of subpoenas being served on General Lee, David M. Randolph, and others, as witnesses to attend the trial. I then, for the first time, conjectured the subject of the libel. I immediately wrote to Mr. Granger, to require an immediate dismission of the prosecution. The answer of Mr. Huntington, the district attorney, was, that these subpoenas had been issued by the defendant without his knowledge, that it had been his intention to dismiss all the prosecutions at the first meeting of the court, and to accompany it with an avowal of his opinion, that they could not be maintained, because the federal court had no jurisdiction over libels. This was accordingly done. I did not till then know that there were other prosecutions of the same nature, nor do I now know what were their subjects. But all went off together; and I afterwards saw, in the hands of Mr. Granger, a letter written by the clergyman, disavowing any personal ill will towards me, and solemnly declaring he had never uttered the words charged. I think Mr. Granger either showed me, or said there were affidavits of at least half a dozen respectable men who were present at the sermon, and swore no such expressions were uttered, and as many equally respectable who swore the contrary. But the clergyman expressed his gratification at the dismission of the prosecution. I write all this from memory, and after too long an interval of time to be certain of the exactness of all the details; but I am sure there is no variation material, and Mr. Granger, correcting small lapses of memory, can confirm every thing substantial. Certain it is, that the prosecutions had been instituted, and had made considerable progress, without my knowledge; that they were disapproved by me as soon as known, and directed to be discontinued. The attorney did it on the same ground on which I had acted myself in the cases of Duane, Callender, and others; to wit, that the sedition law was unconstitutional and null, and that my obligation to execute what was law, involved that of not suffering rights secured by valid laws, to be prostrated by what was no law. I always understood that these prosecutions had been invited, if not instituted, by Judge Edwards, and the marshal, being republican, had summoned a grand jury partly or wholly republican: but that Mr. Huntington declared from the beginning against the jurisdiction of the court, and had determined to enter nolle-prosequis before he received my directions.

I trouble you with another subject. The law making my letters post free, goes to those to me only, not those from me. The bill had got to its passage before this was observed (and first I believe by Mr. Dana), and the house under too much pressure of business near the close of the session to bring in another bill. As the privilege of freedom was given to the letters from as well as to both my predecessors, I suppose no reason exists for making a distinction. And in so extensive a correspondence as I am subject to, and still considerably on public matters, it would be a sensible convenience to myself, as well as those who have occasion to receive letters from me. It happens, too, as I was told at the time (for I have never looked into it myself), that it was done by two distinct acts on both the former occasions. Mr. Eppes, I think, mentioned this to me. I know from the Post Master General, that Mr. Adams franks all his letters. I state this matter to you as being my representative, which must apologize for the trouble of it. We have been seasonable since you left us. Yesterday evening and this morning we have had refreshing showers, which will close and confirm the business of planting. Affectionately yours,

Th: Jefferson.

TO THE PRESIDENT.

Monticello, August 17, 1809.

Dear Sir,

I never doubted the chicanery of the Anglomen, on whatsoever measures you should take in consequence of the disavowal of Erskine; yet I am satisfied that both the proclamations have been sound. The first has been sanctioned by universal approbation; and although it was not literally the case foreseen by the legislature, yet it was a proper extension of their provision to a case similar, though not the same. It proved to the whole world our desire of accommodation, and must have satisfied every candid federalist on that head. It was not only proper on the well-grounded confidence that the arrangement would be honestly executed, but ought to have taken place even had the perfidy of England been foreseen. Their dirty gain is richly remunerated to us by our placing them so shamefully in the wrong, and by the union it must produce among ourselves. The last proclamation admits of quibbles, of which advantage will doubtless be endeavored to be taken, by those to whom gain is their god, and their country nothing. But it is soundly defensible. The British minister assured us, that the orders of council would be revoked before the 10th of June. The executive, trusting in that assurance, declared by proclamation that the revocation was to take place, and that on that event the law was to be suspended. But the event did not take place, and the consequence, of course, could not follow. This view is derived from the former non-intercourse law only, having never read the latter one. I had doubted whether Congress must not be called; but that arose from another doubt, whether their second law had not changed the ground, so as to require their agency to give operation to the law. Should Bonaparte have the wisdom to correct his injustice towards us, I consider war with England as inevitable. Our ships will go to France and its dependencies, and they will take them. This will be war on their part, and leaves no alternative but reprisal. I have no doubt you will think it safe to act on this hypothesis, and with energy. The moment that open war shall be apprehended from them, we should take possession of Baton Rouge. If we do not, they will, and New Orleans becomes irrecoverable, and the western country blockaded during the war. It would be justifiable towards Spain on this ground, and equally so on that of title to West Florida, and reprisal extended to East Florida. Whatever turn our present difficulty may take, I look upon all cordial conciliation with England as desperate during the life of the present King. I hope and doubt not that Erskine will justify himself. My confidence is founded in a belief of his integrity, and in the – of Canning. I consider the present as the most shameless ministry which ever disgraced England. Copenhagen will immortalize their infamy. In general their administrations are so changeable, and they are obliged to descend to such tricks to keep themselves in place, that nothing like honor or morality can ever be counted on in transactions with them. I salute you with all possible affection.