must be shut because after-sought objections would come from him to great disadvantage. Whereas the true and solid objection remains in full force after they shall have the merit of granting all he asks. *

TO THE SECRETARY OF THE TREASURY.
(ALBERT GALLATIN.)

J. MSS.

October 7, 1802.

The application of the Bank of Baltimore is of great importance. The consideration is very weighty that it is held by citizens, while the stock of the United States Bank is held in so great a proportion by foreigners. Were the Bank of the United States to swallow up the others and monopolize the whole banking business of the United States, which the demands we furnish them with tend shortly to favor, we might, on a misunderstanding with a foreign power, be immensely embarrassed by any disaffection in that bank. It is certainly for the public good to keep all the banks competitors for our favors by a judicious distribution of them, and thus to engage the individuals who belong to them in the support of the reformed order of things, or at least in an acquiescence under it. I suppose that on the condition of participating in the deposits the banks would be willing to make such communications of their operations and the state of their affairs as might satisfy the Secretary of the Treasury of their stability. It is recommended to Mr. Gallatin to leave such an opening in his answer to this letter, as to leave us free to do hereafter what shall be advisable on a broad view of all the banks in the different parts of the Union.

*

*

TO THE U. S. MINISTER TO FRANCE.

(ROBERT R. LIVINGSTON.)

J. MSS.

WASHINGTON, Oct. 10, 1802.

DEAR SIR,-The departure of Made Brugnard for France furnishes me a safe conveyance of a letter, which I cannot avoid embracing, altho I have nothing particular for the subject of it. It is well, however, to be able to inform you, generally, through a

safe channel, that we stand, compleately corrected of the error, that either the government or the nation of France has any remains of friendship for us. The portion of that country which forms an exception, though respectable in weight, is weak in numbers. On the contrary, it appears evident, that an unfriendly spirit prevails in the most important individuals of the government, towards us. In this state of things, we shall so take our distance between the two rival nations, as, remaining disengaged till necessity compels us, we may haul finally to the enemy of that which shall make it necessary. We see all the disadvantageous consequences of taking a side, and shall be forced into it only by a more disagreeable alternative; in which event, we must countervail the disadvantages by measures which will give us splendor & power, but not as much happiness as our present system. We wish, therefore, to remain well with France. But we see that no consequences, however ruinous to them, can secure us with certainty against the extravagance of her present rulers. I think, therefore, that while we do nothing which the first nation on earth would deem crouching, we had better give to all our communications with them a very mild, complaisant, and even friendly complexion but always independent. Ask no favors, leave small & irritating things to be conducted by the individuals interested in them, interfere ourselves but in the greatest cases, & then not push them to irritation. No matter at present existing between them & us is important enough to risk a breach of peace; peace being indeed the most important of all things to us, except the preserving an erect & independent attitude. Although I know your own judgment leads you to pursue this line identically, yet I thought it just to strengthen it by the concurrence of my own. You will have seen by our newspapers, that with the aid of a lying renegado from republicanism, the federalists have opened all their sluices of calumny. They say we lied them out of power, and openly avow they will do the same by us. But it was not lies or argument on our part which dethroned them, but their own foolish acts, sedition laws, alien laws, taxes, extravagance & heresies. Porcupine, their friend, wrote them down. Callender, their new recruit, will do the same. Every decent man among them revolts at his filth; and there cannot be a doubt, that were a Presidential

election to come on this day, they would have but three New England States, and about half a dozen votes from Maryland & North Carolina; these two States electing by districts. Were all the States to elect by a general ticket, they would have but 3 out of 16 States. And these 3 are coming up slowly. We do, indeed, consider Jersey & Delaware as rather doubtful. Elections which have lately taken place there, but their event not yet known here, will show the present point of their varying condition. My letters to you being merely private, I leave all details of business to their official channel.

Accept assurances of my constant friendship and high respect. P. S. We have received your letter announcing the arrival of M. Dupont.

TO THE SECRETARY OF THE TREASURY.

(ALBERT GALLATIN.)

J. MSS.

Oct. 13, 1802.

You know my doubts, or rather convictions, about the unconstitutionality of the act for building piers in the Delaware, and the fears that it will lead to a bottomless expense, & to the greatest abuses. There is, however, one intention of which the act is susceptible, & which will bring it within the Constitution; and we ought always to presume that the real intention which is alone consistent with the Constitution. Altho' the power to regulate commerce does not give a power to build piers, wharves, open ports, clear the beds of rivers, dig canals, build warehouses, build manufacturing machines, set up manufactories, cultivate the earth, to all of which the power would go if it went to the first, yet a power to provide and maintain a navy, is a power to provide receptacles for it, and places to cover & preserve it. In choosing the places where this money should be laid out, I should be much disposed, as far as contracts will permit, to confine it to such place or places as the ships of war may lie at, and be protected from ice; & I should be for stating this in a message to Congress, in order to prevent the effect of the present example. This act has been built on the exercise of the power of building light houses, as a regulation of commerce. But I well

remember the opposition, on this very ground, to the first act for building a light house. The utility of the thing has sanctioned the infraction. But if on that infraction we build a 2d, on that 2d a 3d, &c., any one of the powers in the Constitution may be made to comprehend every power of government. Will you read the enclosed letters on the subject of New Orleans, and think what we can do or propose in the case?

TO THE ATTORNEY-GENERAL.

(LEVI LINCOLN.)

J. MSS.

WASHINGTON, Oct. 25, 1802.

DEAR SIR,-Your favor of the 16th is received, and that of July 24 had come to hand while I was at Monticello. I sincerely condole with you on the sickly state of your family, and hope this will find them re-established with the approach of the cold season. As yet, however, we have had no frost at this place, and it is believed the yellow fever still continues in Philadelphia, if not in Baltimore. We shall all be happy to see you here whenever the state of your family admits it. You will have seen by the newspapers that we have gained ground generally in the elections, that we have lost ground in not a single district of the US, except Kent county in Delaware, where a religious dissension occasioned it. In Jersey the elections are always carried by small majorities, consequently the issue is affected by the smallest accidents. By the paper of the last night we have a majority of 3. in their Council, & 1. in their House of Representatives; another says it is only of 1. in each House: even the latter is sufficient for every purpose. The opinion I originally formed has never been changed, that such of the body of the people as thought themselves federalists, would find that they were in truth republicans, and would come over to us by degrees; but that their leaders had gone too far ever to change. Their bitterness increases with their desperation. They are trying slanders now which nothing could prompt but a gall which blinds their judgments as well as their consciences. I shall take no other revenge, than, by a steady pursuit of economy and

peace, and by the establishment of republican principles in substance and in form, to sink federalism into an abyss from which there shall be no resurrection for it. I still think our original idea as to office is best; that is, to depend, for the obtaining a just participation, on deaths, resignations, & delinquencies. This will least affect the tranquillity of the people, and prevent their giving into the suggestion of our enemies, that ours has been a contest for office, not for principle. This is rather a slow operation, but it is sure if we pursue it steadily, which, however, has not been done with the undeviating resolution I could have wished. To these means of obtaining a just share in the transaction of the public business, shall be added one other, to wit, removal for electioneering activity, or open & industrious opposition to the principles of the present government, legislative & executive. Every officer of the government may vote at elections according to his conscience; but we should betray the cause committed to our care, were we to permit the influence of official patronage to be used to overthrow that cause. Your present situation will enable you to judge of prominent offenders in your State, in the case of the present election. I pray you to seek them, to mark them, to be quite sure of your ground, that we may commit no error or wrong, and leave the rest to me. I have been urged to remove Mr. Whittemore, the surveyor of Gloucester, on grounds of neglect of duty and industrious opposition. Yet no facts are so distinctly charged as to make the step sure which we should take in this. Will you take the trouble to satisfy yourself on this point? I think it not amiss that it should be known that we are determined to remove officers who are active or open mouthed against the government, by which I mean the legislature as well as the executive. Accept assurances of my sincere friendship & high respect.

TO THOMAS COOPER.

J. MSS.

WASHINGTON, Nov. 29, 1802.

DEAR SIR,-Your favor of Oct 25 was received in due time, and I thank you for the long extract you