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I do not wonder the communication it contains made some impression on him. To a person placed in Europe, surrounded by the immense resources of the nations there, and the greater wickedness of their courts, even the limits which nature imposes on their enterprises are scarcely sensible. It is impossible that France and England should combine for any purpose; their mutual distrust and deadly hatred of each other admit no cooperation. It is impossible that England should be willing to see France re-possess Louisiana, or get footing on our continent, and that France should willingly see the US re-annexed to the British dominions. That the Bourbons should be replaced on their throne and agree to any terms of restitution, is possible; but that they and England joined, could recover us to British dominion, is impossible. If these things are not so, then human reason is of no aid in conjecturing the conduct of nations. Still, however, it is our unquestionable interest & duty to conduct ourselves with such sincere friendship & impartiality towards both nations, as that each may see unequivocally, what is unquestionably true, that we may be very possibly driven into her scale by unjust conduct in the other. I am so much impressed with the expediency of putting a termination to the right of France to patronize the rights of Louisiana, which will cease with their complete adoption as citizens of the US, that I hope to see that take place on the meeting of Congress. I enclosed you a paragraph from a newspaper respecting Saint Domingo, which gives me uneasiness. Still I conceive the British insults in our harbor as more threatening. We cannot be respected by France as a neutral nation, nor by the world ourselves as an independent one, if we do not take effectual measures to support, at every risk, our authority in our own harbors. I shall write to Mr. Wagner directly (that a post may not be lost by passing thro you) to send us blank commissions for Orleans & Louisiana, ready sealed, to be filled up, signed and forwarded by us. Affectionate salutations & constant

esteem.

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DEAR SIR,-I inclose for your perusal a letter from Dr. Rush, asking the favor of you to return it. On the question whether the yellow fever is infectious, or endemic, the medical faculty is divided into parties, and it certainly is not the office of the public functionaries to denounce either party as the Doctr. proposes. Yet, so far as they are called on to act, they must form for themselves an opinion to act on. In the early history of the disease, I did suppose it to be infectious. Not reading any of the party papers on either side, I continued in this supposition until the fever at Alexandria brought facts under my own eye, as it were, proving it could not be communicated but in a local atmosphere, pretty exactly circumscribed. With the composition of this atmosphere we are unacquainted. We know only that it is generated near the water side, in close built cities, under warm climates. According to the rules of philosophizing when one sufficient cause for an effect is known, it is not within the economy of nature to employ two. If local atmosphere suffices to produce the fever, miasmata from a human subject are not necessary and probably do not enter into the cause. Still it is not within my province to decide the question; but as it may be within yours to require the performance of quarantine or not, I execute a private duty in submitting Doctr. Rush's letter to your consideration. But on this subject 'nil mihi rescribas, et tamen ipsi veni.' Accept for yourself & Mrs. Page affectionate & respectful salutations.

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

J. MSS.

MONTICELLO, Aug. 23, 04.

DEAR SIR,-Your's of the 16th was received on the 21st. Dickerson's delay of proceeding to N. Orleans will give us time. If Pinckney accepts the office of judge, Robert Williams might be the attorney; if Pinckney does not accept, or does not arrive in time. (and a few days only must now decide the latter point) Williams must be the judge. Hill accepts as district judge. With respect to Neufville I am not satisfied with Freneau's recommendation & especially as he sais nothing of his Politics. His situation would naturally bias a man of feeling to speak favorably of him. I have therefore written to Mr. Wagner for a blank commission which I will inclose blank to Freneau, desiring him to fill it up for Doyley if he will accept of it; if not, then with whatever name he thinks best, having regard to moral & political character & standing in society. I have no fear to trust to his fidelity & secrecy. I shall immediately direct a commission for Mr. Travis : & shall forward to Mr. Nicholas the new recommendations for Hampton for his advice. Accept affectionate salutations.

TO THE SECRETARY OF THE NAVY.

J. MSS.

(ROBERT SMITH.)

MONTICELLO, Aug. 28, 04.

DEAR SIR, I inclose you a letter and other papers which I received from Capt. Truxtun by the last post. The malice and falsehood so habitual in Federal zealots had prepared me against surprise at the insinuations of this officer against you & myself. But what was his view in inclosing the letter to me? Was it to give greater point to his disrespect? Or did he imagine I should make him overtures to prevent his publication? I would rather he would publish than not; for while his writings will let the public see what he is, & what are the motives of his discontent, a few sentences of plain fact will set everything in them to rights as to our conduct. Be so good as to return me the written letter.

The following paragraph which comes to me from a friend in Philadelphia I quote for your notice.

"It is said here that George Harrison has applied for the place in the navy that Genl. Irvine had. He has got too much already for any Federalist who has rendered his country no personal service in the field. This man is married to Thos. Willing's niece. Willing is Presidt. of the Bank of the U. S. You may also observe he was chairman at a meeting when they agreed to hoist the black cockade on the left arm in honor of Hamilton. They also resolved and expected the clergymen would preach in his favor."

The writer is a most solid Republican, and who generally expresses the feelings of the republicans in Philadelphia pretty faithfully. I know not what functions Irvine executed for the navy; but if any, the above sentiments are worthy of attention, as the emploiment of Harrison has given them heart burnings. I know nothing of him, whether moderate or violent; but until the party learn a little more moderation & decency, no new favors should be conferred on them. Pennsylvania seems to have in it's bowels a good deal of volcanic matter, & some explosion may be expected. We must be neutral between the discordant republicans but not between them & their common enemies. I salute you with sincere affection & respect.

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

J. MSS.

MONTICELLO, September 1, 1804. DEAR SIR,-After waiting to the twelfth hour to get all the information I could respecting the government of Orleans, I have on consultation with Mr. Madison, sent on the commissions by the mail which left Charlottesville yesterday morning for the westward. It is very much what had been approved by the heads of Departments separately and provisionally, with a few alterations shown to be proper by subsequent information. It is as follows:

Governor, Claiborne.

Secretary, James Brown.

Judges of Superior Court, Kirby, Prevost, and Pinkney or Williams.
Judge of District, Hall.

Attorney, Dickerson.

Marshal, Urquhart, or Clouast, or Guillot, or any nativę Frenchman Claiborne prefers.

Legislative Council, Morgan, Watkins, Clarke, Jones, Roman, and Wikoff certain. Don or George Pollock, as Claiborne chooses. Boré, Poydras, and Bellechasse certain, and any three which Claiborne may choose of these five, to wit: Derbigue, Detrehan, Dubruys, Cantarelle, Sauvé.

It will be necessary for us to consider of a gradation of peaceable measures which may coerce the belligerent powers into an obedience to the laws within our waters, so as to avoid using the gunboats if possible: a non-intercourse law may be necessary; but would not the power to forbid the admitting to entry any vessel of a belligerent so long as there should be an armed vessel of the nation in our waters in a state of disobedience to the laws or lawful orders of the Executive, be effectual? Making it lawful for us at the same time to give admittance to the armed vessels of a belligerent on such terms only as we should prescribe. These things should be considered and agreed on among ourselves, and suggested to our friends. I salute you with affection and respect. P. S. I shall be in Washington by the last day of the month.

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

J. MSS.

MONTICELLO, Sep. 8, 04.

DEAR SIR,- As we shall have to lay before Congress the proceedings of the British vessels at N York, it will be necessary for us to say to them with certainty which specific aggressions were committed within the common law, which within the admiralty jurisdiction, & which on the high seas. The rule of the common law is that wherever you can see from land to land, all the water within the line of sight is in the body of the adjacent county & within common law jurisdiction. Thus, if in this curvature a b you can see from a to b, all the water within the line of sight is within common law jurisdiction, & a murder committed at c is to be tried as at common law. Our coast is generally visible, I believe, by the time you get within about 25 miles. I suppose that at N York you must be some miles out of the Hook

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