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THE PAPERS OF THOMAS JEFFERSON JAMES P. McCLURE general editor THE PAPERS OF Thomas Jefferson Volume 43 11 March to 30 June 1804 JAMES P. McCLURE, EDITOR elaine weber pascu, senior associate editor tom downey, martha j. king, and w. bland whitley, associate editors andrew j. b. fagal and merry ellen scofield, assistant editors linny schenck, editorial associate linda monaco, editorial assistant john e. little, research associate princeton and oxford princeton university press 2017 Copyright © 2017 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 1TR All Rights Reserved ISBN 978-0-691-17772-4 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 DAVID A. BELL JAN ELLEN LEWIS LESLIE GREENE BOWMAN J. JEFFERSON LOONEY ANDREW BURSTEIN JAMES M. McPHERSON PETER J. DOUGHERTY ROBERT C. RITCHIE JAMES A. DUN SARAH RIVETT CHRISTOPHER L. EISGRUBER DANIEL T. RODGERS ANNETTE GORDON-REED JACK ROSENTHAL HENDRIK HARTOG HERBERT E. SLOAN RONALD HOFFMAN ALAN TAYLOR WILLIAM C. JORDAN SEAN WILENTZ STANLEY N. KATZ GORDON S. WOOD THOMAS H. KEAN CONSULTANTS FRANÇOIS P. RIGOLOT and CAROL RIGOLOT, Consultants in French SIMONE MARCHESI, Consultant in Italian 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. For their unprecedented generous support, we are also indebted to the Princeton Univer- sity History Department and Christopher L. Eisgruber, president of the uni- versity. The Packard Humanities Institute (through Founding Fathers Papers, Inc.), the National Endowment for the Humanities, and the National Historical Publications and Records Commission have been crucial to progress on the edi- tion. Support has come from the Florence Gould Foundation, the National Trust for the Humanities and the Cinco Hermanos Fund, the New York Times Company Foundation, the Dyson Foundation, the Andrew W. Mellon Founda- tion, and the Pew Charitable Trusts. Other contributors have been 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. Benefactions from a greatly expanded roster of dedicated individuals have underwritten the volumes: Sara and James Adler, Helen and Peter Bing, Diane and John Cooke, Judy and Carl Ferenbach III, Mary-Love and William Harman, Frederick 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 Hillandale Foundation, Richard W. Thaler, Tad and Sue Thompson, the Wendt Family Charitable Foundation, and Susan and John O. Wynne. For their vision and extraordinary efforts to provide for this edition, we owe special thanks to John S. Dyson, Governor Kean, H. L. Lenfest and the Lenfest Foundation, Rebecca Rimel, and Jack Rosenthal. FOREWORD efferson suffered a great loss in the spring of 1804. His Jdaughter Mary Jefferson Eppes, the younger of the two surviv- ing daughters from his marriage to Martha Wayles Jefferson, was 25 years old, the mother of a young son, and had given birth in mid- February to a baby girl. In March, a problem in Mary’s breast de- veloped into a general infection of her system. Her husband, John Wayles Eppes, describing her as “a mere walking shadow,” moved her to Monticello, but her father, detained in Washington until Con- gress adjourned, was not able to reach home until 4 April. A few days later he reported to James Madison: “I found my daughter Eppes at Monticello, whither she had been brought on a litter by hand; so weak as barely to be able to stand, her stomach so disordered as to reject almost every thing she took into it, a constant small fever, & an imposthume rising in her breast.” Mary, known in the family as Maria or Polly, did not improve, and she died on the morning of 17 April. “How the President will get over this blow I cannot pronounce,” his other son-in-law, Thomas Mann Randolph, confided to Caesar A. Rodney (see Jefferson’s letter to Madison at 17 April). Jefferson informed Madison that “a desire to see my family in a state of more composure before we separate” would prevent him from returning to Washington right away. He had already begun to seek means by which members of the cabinet, individually and as a group, could decide some matters without him. But he did not stay idle. He wrote a legal document known as a declaration of trust to establish his relationship with Craven Peyton, who acted as his agent in ac- quiring property in and around the town of Milton from the heirs of Bennett Henderson. He collected information relating to the transac- tions with the Hendersons and composed a bill in chancery, an exten- sive claim to be presented in equity court. That filing was in Peyton’s name, with no mention of Jefferson. Jefferson also acted under cover when he wrote a piece in the guise of “A Bystander” for the Virginia Argus in response to an attack in the Washington Federalist about a contention over a parcel of land. For both the “Bystander” essay and the bill in chancery, Jefferson went to considerable effort to present his position without revealing his involvement. He returned to Washington in mid-May. As he resumed his atten- tion to public affairs, he hoped, as he had earlier, for concurrence of opinion among the officers of government. That alignment was not always to be had. With Madison and Albert Gallatin, he worked to vii FOREWORD resolve the expense claims of Edward Stevens, who during John Adams’s presidency had gone to Saint-Domingue as consul. In the chaotic state of affairs on the island, Stevens had made expenditures for which there was no prior authorization. “I think we had better endeavor at some such modification of the principle as, uniting prac- ticability with legal authority and constitutional safety, may enable us to act in union,” Jefferson wrote to Gallatin in April. The president found, however, that his advisers were not in agreement on the subject. Gallatin held to a restrictive interpretation, while Madison thought that the circumstances in which Stevens had found himself called for some flexibility. Each wrote a detailed explanation, but nei- ther could convince the other to change his mind. “I have always been in hopes that you and he would by discussion come to a common opinion,” Jefferson wrote to Gallatin on 9 June. “I suppose however this has not taken place: and the views of our constitution in prefer- ring a single Executive to a plurality having been to prevent the effect of divided opinions, and to ensure an unity of purpose and action, I presume I must decide between the opinions, however reluctantly.” Gallatin responded by stating that although he still held to his posi- tion, he would not stand in the way. Jefferson in turn accepted some of Gallatin’s points in his decision of the case, along with some of Madison’s. After Henry Dearborn became involved in countering slanders from New England against Dolley Madison and her sisters, he felt that he should offer to leave the cabinet if the president thought that his ac- tions had caused the administration any embarrassment. Jefferson assured him that their “mutual satisfaction of reciprocal confidence” was unchanged. As Jefferson and Benjamin Henry Latrobe worked out architectural and decorative details of the Capitol, Latrobe and William Thornton, the building’s original designer, continued their feuding. Jefferson thought that the Republicans in Philadelphia pre- sented “a jumble of subdivision.” From Baltimore he received an anonymous epistle that, in fewer than 120 words, called him a “Son of a Bitch” three times and made reference to the color of his hair four times. (Jefferson dryly labeled the letter, which is printed below at 13 June, “scurrilities.”) It was a contentious world also beyond the nation’s borders. James Monroe, the American minister to Great Britain, wrote from London on 15 March that the British “view the rapid advanc’ment we have made & are making with no very favorable eye. They seem to con- sider our prosperity not simply as a reproach to them, but as impair- ing or detracting from theirs.” Jefferson believed that Britain was “a viii FOREWORD living example that no nation, however powerful, any more than an individual, can be unjust with impunity.” It was important to him that other nations take the United States seriously. When he learned that France, Russia, and the Ottoman Empire might intervene on behalf of the captured officers and crew of the frigate Philadelphia in Tripoli, he did not welcome the aid. Rather, he lamented that Euro- pean diplomacy might preempt what he had planned to accomplish by a show of force to validate the course taken by the United States when other nations ceased their armed resistance to Tripoli’s de- mands.