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T H E PA P E R S O F

Thomas Jefferson
Volume 38
1 July to 12 November 1802

BARBARA B. OBERG, EDITOR


james p. mcclure and elaine weber pascu,
senior associate editors
tom downey and martha j. king,
associate editors
w. bland whitley, assistant editor
linda monaco, editorial assistant
john e. little, research associate

princeton and oxford


princeton university press
2011
Copyright © 2011 by Princeton University Press
Published by Princeton University Press, 41 William Street,
Princeton, New Jersey 08540
In The United Kingdom:
Princeton University Press, 6 Oxford Street,
Woodstock, Oxfordshire OX20 1TW

All Rights Reserved

ISBN 978-0-691-15323-0

Library of Congress Number: 50-7486

This book has been composed in Monticello

Princeton University Press books are printed on


acid-free paper and meet the guidelines for permanence
and durability of the Committee on Production
Guidelines for Book Longevity of the
Council on Library Resources

Printed in the United States of America


dedicated to the memory of

ADOLPH S. OCHS
publisher of the new york times
1896 -1935

who by the example of a responsible


press enlarged and fortified
the jeffersonian concept
of a free press
ADVISORY COMMITTEE
JOYCE APPLEBY J. JEFFERSON LOONEY
LESLIE GREENE BOWMAN JAMES M. McPHERSON
ANDREW BURSTEIN JOHN M. MURRIN
ROBERT C. DARNTON ROBERT C. RITCHIE
PETER J. DOUGHERTY DANIEL T. RODGERS
JAMES A. DUN JACK ROSENTHAL
ANNETTE GORDON-REED HERBERT E. SLOAN
RONALD HOFFMAN ALAN TAYLOR
WILLIAM C. JORDAN SHIRLEY M. TILGHMAN
STANLEY N. KATZ SEAN WILENTZ
THOMAS H. KEAN GORDON S. WOOD
JAN ELLEN LEWIS

C O N S U LTA N T S
FRANÇOIS P. RIGOLOT and CAROL RIGOLOT, Consultants in French
SIMONE MARCHESI, Consultant in Italian
REEM F. IVERSEN, Consultant in Spanish

SUPPORTERS
This edition was made possible by an initial grant of $200,000 from The
New York Times Company to Princeton University. Contributions from many
foundations and individuals have sustained the endeavor since then. Among
these are the Ford Foundation, the Lyn and Norman Lear Foundation, the
Lucius N. Littauer Foundation, the Charlotte Palmer Phillips Foundation, the
L. J. Skaggs and Mary C. Skaggs Foundation, the John Ben Snow Memorial
Trust, Time, Inc., Robert C. Baron, B. Batmanghelidj, David K. E. Bruce, and
James Russell Wiggins. In recent years generous ongoing support has come
from The New York Times Company Foundation, the Dyson Foundation,
the Barkley Fund (through the National Trust for the Humanities), the Flor-
ence Gould Foundation, the “Cinco Hermanos Fund,” the Andrew W. Mellon
Foundation, the Pew Charitable Trusts, and the Packard Humanities Institute
(through Founding Fathers Papers, Inc.). Benefactions from a greatly ex-
panded roster of dedicated individuals have underwritten this volume and those
still to come: Sara and James Adler, Helen and Peter Bing, Diane and John
Cooke, Judy and Carl Ferenbach III, Mary-Love and William Harman, Fred-
erick P. and Mary Buford Hitz, Governor Thomas H. Kean, Ruth and Sidney
Lapidus, Lisa and Willem Mesdag, Tim and Lisa Robertson, Ann and Andrew
C. Rose, Sara Lee and Axel Schupf, the Sulzberger family through the Hillan-
dale Foundation, Richard W. Thaler, Tad and Sue Thompson, The Wendt
Family Charitable Foundation, and Susan and John O. Wynne. For their vision
and extraordinary eCorts to provide for the future of this edition, we owe spe-
cial thanks to John S. Dyson, Governor Kean, H. L. Lenfest and the Lenfest
Foundation, Rebecca Rimel and the Pew Charitable Trusts, and Jack Rosen-
thal. In partnership with these individuals and foundations, the National His-
torical Publications and Records Commission and the National Endowment for
the Humanities have been crucial to the editing and publication of The Papers
of Thomas JeCerson. For their unprecedented generous support we are also
indebted to the Princeton History Department and Christopher L. Eisgruber,
provost of the university.
FOR EWOR D
n early October 1802, Thomas Jefferson returned to the capital
I after his customary August and September stay at Monticello
to avoid the “bilious months” in Washington. While at home, he
watched the ongoing construction of the house, settling his account
with the stonemason for cutting and laying a floor, making payments
for the work of the plasterer, and letting James Dinsmore know that
the ornaments for the frieze of the bed chamber had reached Rich-
mond. Jefferson was in regular and substantive communication with
his cabinet during these months. The fragile and volatile state of re-
lations with Morocco, Tunis, and Algiers required important deci-
sions to be made that would balance American diplomatic initiatives
with some evidence of naval power in the Mediterranean. These
critical steps often had to be taken on the basis of incomplete or out-
of-date information. Since it took approximately two months for
dispatches to reach Washington from North Africa, by the time they
arrived the countries might be on a completely different footing.
Were relations with Morocco friendly, or had there been a declara-
tion of war? Would the United States allow a shipment of wheat to
go to Tripoli? Could Tunis look forward to receiving the warships
and gifts that she considered her due? Jefferson, Secretary of State
James Madison, Secretary of the Treasury Albert Gallatin, Secretary
of War Henry Dearborn, and Robert Smith, the secretary of the
navy, struggled to find answers.
Letters they exchanged in August and September sought answers
to these questions and struggled to formulate a policy for dealing
with the Barbary states. This correspondence also provides a window
into the decision-making process followed by the Jefferson adminis-
tration. In anticipation of the opening session of the Seventh Con-
gress in December 1801, the president had laid out the “mode &
degrees of communication” by which he and the heads of depart-
ments would proceed. Now, a year later, with Jefferson at Monticello
for more than two months and the others away from the capital for
short periods of time, letters were the most frequent “mode” of con-
ducting their business. In early August, Jefferson informed his cabi-
net that the sultan of Morocco had ordered American Consul James
Simpson out of the country and seemed to have a “settled design of
war against us.” The president asked their opinions on what orders
he ought to issue to naval commanders in the Mediterranean and
whether additional warships should be sent. Madison observed that
hostility was a lesser evil than abandoning their rightful ground and
<vii>
FOREWORD
that frigates should remain there. Dearborn, after conversing with
Smith, suggested appointing a special agent to negotiate. The secre-
tary of the Treasury, lamenting the delays in their correspondence
when time was so precious, bluntly observed that the conflict was
wasting the nation’s resources and peace was a necessity.
The delays in receiving news from North Africa in the capital, and
even from Virginia, rendered it difficult to agree upon a course of ac-
tion. Jefferson went from Monticello to Montpelier for a “personal
interview” with his secretary of state to discuss all of the points. The
other members of the cabinet consulted with each other in Washing-
ton, and in mid-September, with important matters “demanding im-
mediate attention,” Smith alerted the president that they “had to
begin to act” without Jefferson’s sanction and confessed they had
taken the liberty to “suspend the execution” of his orders counter-
manding the dispatch of the John Adams to the Mediterranean until
further communication was received. In the end, Jefferson gave way
to the views of Robert Smith, with whom the other heads of depart-
ment agreed, “’tho not with entire satisfaction.” When they had all
returned to Washington, Jefferson called a cabinet meeting to dis-
cuss the situation. Ironically, their first recorded meeting as a cabinet,
in May 1801, considered the same subject. In 1801, he had inquired
whether the squadron at Norfolk should be ordered to cruise in the
Mediterranean. A year and a half later, he was asking what size naval
force ought to remain there over the winter.
In the eighteen months that Jefferson had been in office, requests
for government posts had not subsided. He worked most closely with
Gallatin on patronage matters, selecting replacements for resigna-
tions, deaths, or removals from office. He also consulted with Dear-
born and Levi Lincoln, especially for New England. Jefferson was
still writing Republican congressmen, governors, and others he
trusted for recommendations for the position of bankruptcy commis-
sioner. A request for a post or a recommendation on behalf of a friend
or relative often rested upon complaints about the conduct of the in-
cumbent: “delinquency,” “incapacity,” “intemperance,” improper use
of government funds, and failure to keep accounts properly. Some
requests were routine, but many involved politics (see Appendix i,
List of Appointments). The clamor by Republicans for a larger per-
centage of federal jobs grew even louder than it had been when
Jefferson was elected.
Republicans pointed to specific offices that required the removal of
Federalists and the appointment of sound Republicans. Gallatin told
Jefferson explicitly, for example, that he did not think the president
<viii>
FOREWORD
was “doing enough in Massachts” for Republicans. One of the most
delicate cases was that of Samuel R. Gerry, brother of Elbridge Gerry
and customs officer at Marblehead, Massachusetts. In 1799, Jefferson
shared his political principles with Elbridge Gerry, the former envoy
to France, calling him a fellow laborer “in the same cause” and urg-
ing him to leave the Federalists behind and join with the Republi-
cans. As president and leader of the Republican party, Jefferson
now explained that the “safety of the government” could not be left
in the hands of “enemies.” He had recently removed several customs
officers “most marked for their bitterness and active zeal in slander-
ing and in electioneering.” But Gerry’s brother, who had periodically
failed to render his accounts and those which he did submit con-
tained discrepancies, also had to be replaced. Even when Elbridge
Gerry asked whether his brother could not mend his ways and be
reappointed, Jefferson could only refuse. He called the removal one of
“the most painful and unwilling” duties that he “had to perform.”
If appointments were a chore, other tasks Jefferson undertook as
president were a pleasure and meshed with his own interests. He
arranged for the acquisition of approximately 700 books for the Li-
brary of Congress, sending to William Duane in Philadelphia lists of
titles to be ordered from Paris and London. The public money for the
purchases, Jefferson observed, must be expended with as “rigorous
economy as that of an individual.” He gave instructions on the most
minute of details, specifying “good editions, not pompous ones; neat
bindings, but not splendid.” John Beckley, the Librarian of Con-
gress, asked whether the past omission of titles in natural history
could not be remedied, particularly with the addition of a work by
Mark Catesby, “an American.”
Despite Jefferson’s insistence that his election to the presidency
and the achievement of a Republican majority in both houses of Con-
gress signaled the triumph of republicanism, stories of “madness
and folly” and “diabolical exertions” by New England Federalists had
not disappeared. With the midterm elections in New York, Rhode
Island, Connecticut, and New Hampshire already complete, Republi-
cans had seen “considerable advances.” Although the New York elec-
tions had taken place in the spring, the political situation there
was still of concern. The Republican Party was divided between Clin-
tonians, who charged that Aaron Burr conspired with the Federalists
to gain the presidency in 1800, and Burr’s defenders. Federalists, the
Republicans thought, were taking advantage of the Republican
“schism.” For New Jersey, Pennsylvania, and Delaware, reports on
Republican prospects were mixed. Gideon Granger worried about the
< ix>
FOREWORD
large number of Federalist newspapers he encountered in circulation
as he traveled between Washington and Philadelphia. In contrast,
he saw “but one republican Paper.” Thomas Leiper wrote that he
would be at the meeting of Republicans at the Rising Sun tavern,
where he would do what he could to make the Republicans’ “Rope of
Sand stick to-gether.”
“That Louisiana is to be possessed by France is probable,” Jeffer-
son stated in August, although the United States lacked “certain in-
formation” on Napoleon Bonaparte’s intentions. Jefferson concluded
that delay would be beneficial to American interests, because if Bona-
parte had time to consider the consequences of his actions he would
most certainly desist from the measure. The “West Indies business”
was a stumbling block for Bonaparte’s hopes for French hegemony in
the Americas. Although Toussaint-Louverture had surrendered to
the French forces, theoretically bringing the island back under
French control, their numbers were decimated by the continued re-
sistance of black troops and disease. By October, French General Vic-
toire Leclerc had still not regained control of the island and in
November died from the yellow fever.
French forces had also defeated a rebel army on the island of
Guadeloupe, and in August and September, New York City’s mayor
and the governor of South Carolina feared that French ships of war
were depositing free blacks expelled from Guadeloupe in that conflict
“clandestinely” on U.S. shores. Madison suggested a friendly letter
to Louis Andre Pichon, French chargé d’affaires in the United States.
Although the president believed the matter was “substantially”
within the police powers of the states, he also informed Gallatin that
it would be “proper & indeed incumbent on us” to direct custom
house officers to be on the alert to detect and prevent the unloading
of the ships.
Jefferson counseled his secretary of war that they must impress
upon the Indian nations that the new president was as friendly as the
former one. The government should establish trading houses and
furnish the Indians with “goods enough to supply all their wants,”
and cheaply enough so the government stores could not be undercut
by private traders. Jefferson acknowledged that while in the long run
the United States might wish to have more land available for settle-
ment, it was not worth a war or the loss of the affections of the Indi-
ans. At the same time, however, he and Dearborn authorized William
Henry Harrison, the governor of the Indiana Territory, to obtain title
to a large tract of land around Vincennes. On 3 November, Jefferson
wrote a long letter to Handsome Lake, addressing the Seneca leader
< x>
FOREWORD
as “brother,” applauding his efforts to fight “the abuse of spirituous
liquors” and attempting to quiet his uneasiness over recent land ces-
sions. Among issues relating to Native Americans were ongoing
efforts by the Jefferson administration to resolve the case of a 1797
murder of some Delaware Indians by three whites, who were now liv-
ing in Kentucky and evading efforts by federal officials to apprehend
them.
Jefferson played a role in the early development of the national
capital that was both visionary and practical. He had long had an
interest in the planning of towns, particularly in preserving open
space and wide streets that would be beautiful and healthy for city
dwellers. Such a design would discourage the spread of epidemics
like the yellow fever that had raged through Philadelphia. The con-
struction of public buildings in Washington, according to the origi-
nal plan, would be financed by the sale of lots to private individuals.
Purchases failed to live up to expectations, however, and the govern-
ment was compelled to resort to loans from Virginia and Maryland.
In July, a payment of $18,000 interest on the Maryland loans came
due, which could be met only by drawing on general Treasury funds.
In November, Superintendent Thomas Munroe reported that he had
“no monies” in his hands to cover the interest payments. Possibly be-
cause of the lack of funds, the response to a petition from a commit-
tee of citizens for the erection of a public market to the west of the
President’s House was to offer the land for free and stipulate that
the market house would come from private funds. Cost was also a fac-
tor in deciding upon building materials for the new jail. Good white
oak was better for every part of the roof, Jefferson was sure, but the
choice would depend upon practicality and price. Still, he hoped the
walls and roof would be completed before winter.
In the fall of 1802, Jefferson expressed a strong desire to improve
his personal financial situation by getting out from under his debts.
The task was daunting as he learned that the price his tobacco would
bring was low, with no telling what it would be the following year. In
August, he had to arrange for urgent repairs to the pump in the Pres-
ident’s House, at his own expense because no government funds were
provided for it. Around 1 November, John Barnes cautioned him that
more “unexpected, unavoidable” demands might confront him. At
the end of the year, payments for his workmen and the year’s supply
of corn came due, coinciding with “the expensive time of a session
of Congress.” Faced with a multitude of demands upon his income,
Jefferson was continuing to buy up parcels of land adjacent to
Monticello, sometimes through third parties acting on his behalf.
< xi>
FOREWORD
This activity further strained his resources. In spite of all this, Jeffer-
son was determined to get control over what he owed. He established
a payment schedule for his debts to William Short, which was to
begin the following March and continue until they were fully dis-
charged. James Lyle gently pressed him for payment, commenting
that he knew Jefferson was as anxious to have the matter settled as he
was. Facing all these demands, Jefferson calculated and calculated
and optimistically concluded that at the end of two years, he would
“owe not one farthing on earth.”
In July, the matter of the financial “relief” Jefferson had offered
to James Callender first in 1797 and 1798 and most recently in May
1801, appeared in the Richmond Recorder. By late summer, Jefferson
faced charges by Callender even more damaging to his reputation.
On 1 September, Callender’s first article making public the story
of Jefferson’s relationship with Sally Hemings appeared in the
Recorder. Avoiding explicit mention of the explosive subject that Cal-
lender unveiled, Jefferson’s correspondents used such euphemisms as
“the breath of Slander” and the “Slanders which are in circulation”
to alert the president to the stories. While Jefferson referred in a let-
ter to Robert Livingston, American minister in Paris, to the “sluices
of calumny” in the newspapers, he had often used such language to
describe what the Federalist press said about him. On Callender’s 1
September charges he remained silent and continued making plans
for his daughters to travel to Washington.
When Jefferson became president, he thought that between his
trips home and visits by his daughters and grandchildren to Wash-
ington, the family would still be together under his roof several
months a year. Although he was persistent, his daughters displayed
some reluctance. Mary Jefferson Eppes even confided to her father
her fear that her older sister would continue to find reasons for de-
laying the visit. The journey was tedious, and, as Martha Jefferson
Randolph pointed out, riding with “a carriage full of small children”
was not easy. But the season grew later and the weather colder, with
the first “white frost” arriving on the last day of October and the first
ice the following day. The impatient father and adoring grandfather
was strongly urging Martha and Mary to set a date. Martha assured
her father that they were preparing with “all speed” to obey his
“summons.” Although she was not quite certain when they could set
off, she asked him to order from Philadelphia “2 wigs of the colour of
the hair enclosed” so that the two women would be fully ready to
enter into Washington society on their arrival. In November, she re-
ported another delay, but “of 2 days only.”
< xii>
FOREWORD
If Martha felt the impact of the word “obey,” her husband felt even
more severely that his father-in-law set the rules by which the family
lived. Jefferson somewhat impatiently chided his son-in-law for fail-
ing to send up-to-date news about Martha’s health. Neither had
Thomas Mann Randolph set a date or made the travel arrangements
for their trip to Washington. Sensing his father-in-law’s criticism,
Randolph wrote that he felt “extraneous” to the family in which he
was joined by marriage and felt “something like shame.” Jefferson’s
towering stature seemed overpowering and, Randolph lamented, he
could not “like the proverbially silly bird feel at my ease in the com-
pany of the Swans.” On 2 November, Jefferson sought to reassure
him of his love and respect, and he urged Randolph not to remain in
the “shade” into which he had thrown himself. On the same day
Jefferson wrote to Martha, urging her again to send details of her
travel plans and alerting her that he found no locks of hair included
in her letter. He also requested the muffin recipe used at Monticello
as his cook in Washington could not “succeed at all in them.”

< xiii>
This page intentionally left blank
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