THEPAPERSOF THOMAS JEFFERSON

BarBara B. oBerg general editor

THE PAPERS OF Thomas Jefferson

Volume 39 13 November 1802 to 3 March 1803

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

2012

Copyright © 2012 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 978-0-691-15671-2

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. o C H S publisher of the new york times

1 8 96-1 9 35 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

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. 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.

FOREWO RD

uring the period covered by this volume, 13 November 1802 Dthrough 3 March 1803, Thomas Jefferson never left the nation’s capital, forgoing even one of the brief visits to Monticello that he treasured. at the start, he was busy preparing his annual message to Congress, referring it to members of his cabinet and taking their suggestions under consideration. By mid-November, he had a draft ready for the scheduled opening of the session on 6 December, but members of Congress trickled in. While the House of representa- tives had a quorum by the 7th, on the 10th Jefferson reported that there was still “no senate, nor any prospect of one for several days.” only 12 senators had arrived. Finally, on 15 December, Meriwether Lewis delivered copies of the message to the House and Senate. Jefferson’s words were resoundingly optimistic as he observed that the nation enjoyed prosperity and economy at home and was “still blessed with peace and friendship abroad.” He briefly noted the achievements of the previous year and described the challenges that remained. among these were calculating the impact of the restora- tion of peace on american trade with europe; preparing for a change in foreign relations if the cession of Louisiana to France took place; keeping watch on the harbor of Tripoli to determine whether rein- forcements were needed; “marking the boundaries” with Indian na- tions; and weighing the construction of a dry dock in Washington to preserve navy vessels when not at sea. Jefferson’s message avoided the issue that loomed largest, at least for the western states: the october order by the acting Spanish inten- dant of Louisiana, in apparent violation of the Treaty of 1795, with- drawing the right of americans to store goods awaiting export at New orleans. Jefferson received the news not long before the opening of Congress. Westerners demanded a vigorous response against this threat to their economic well-being, grimly predicting, as governor James garrard of Kentucky wrote, that Spain’s action would “at one blow cut up the present and future prospects of their best interests by the roots.” The clamor from the west was echoed by Jefferson’s polit- ical opponents in the east. Some, such as Senator James ross of Penn- sylvania, pressed for acquiring New orleans by force if necessary. Federalists called for the president to permit open debate in Congress and to make public all papers and correspondence related to the po- tential consequences of the retrocession of New orleans and the Louisiana territory to France. Jefferson, however, preferred a more

F o r e W o r D confidential, behind-the-scenes approach to the whole issue, one that would rely on diplomacy rather than confrontation. on the final day of 1802, Jefferson received Pierre Samuel Du Pont’s letter of 4 october recommending various steps that might lead to a mutually acceptable accord between France and the United States. Jefferson was happy to rely on his “private friendship” with Du Pont to persuade him to use his good offices with the French gov- ernment to keep the two nations at peace. Jefferson also took the adroit step of naming James Monroe as special envoy to proceed im- mediately to europe. There he would join robert r. Livingston in negotiating a resolution of the problem. Monroe received letters of credence for both France and Spain, and he was to go to Paris first, then, depending upon what he learned there, to Madrid if necessary. Because he owned land in the west and was reputed to be a strong advocate of free navigation of the Mississippi, Monroe’s participation would help to deflect “all further inflammatory proceedings medi- tated by the Federalists.” He was also popular in France, where he would be called upon to handle not just the right of deposit but the more complex and far-reaching consequences of the retrocession. Jefferson was also convinced that the future course of the country depended upon the transfer of large sections of land owned by Native american nations to the United States. The prospect of French troops arriving in the Louisiana Territory and supporting Indian re- fusals to part with their soil persuaded the president that he must move expeditiously to carry out his plans for confirming the bound- aries and, eventually, for assuming ownership of Indian property. With the Indians, Jefferson’s language was gracious, respectful, and conciliatory. He assured delegations led by Seneca leaders Handsome Lake, Cornplanter, and Farmer’s Brother that he would “watch over” their interests and renew the “chain of friendship.” The president cajoled, explained, and offered incentives and an accommodation of their wishes, but he was also firm. He insisted to owl and other members of the Miamis and Delawares who had traveled to the cap- ital to meet him that the government desired to live “in peace and friendship” with them, and had even gone so far as to give up terri- tory that their ancestors had ceded and therefore by “right” belonged to the United States. Jefferson concluded by declining their offer to deduct the travel expenses from the next year’s annuity. He assured the delegation that the government would absorb those costs “with satisfaction.” When the president wrote privately to Secretary of War Henry Dearborn or William Henry Harrison, governor of the Indiana Ter-

F o r e W o r D ritory, however, his words were candid and his directions emphatic: persuade Indian nations to live within greatly reduced borders, adopt an agricultural economy, and relinquish all claims to terrain east of the Mississippi. What the Indians considered to be their territory must ultimately belong to the United States. To Jefferson, the bar- gain seemed reasonable: the Indians had an abundance of land, which the United States needed, and in exchange the United States could supply them with “necessaries, with which we abound.” above all, the nation must secure its boundary on the Mississippi and the federal government had “paramount sovereignty” over the western territories. In contemplating the west, and especially its commercial possibil- ities for the United States, Jefferson sought to find a route to the Pacific ocean and raised the possibility of sending a party to search for it. He suggested the idea in the draft of the annual message that he sent to his cabinet for review, but on the advice of Secretary of the Treasury albert gallatin he held the matter for a separate, confiden- tial communication. This message, read in the House on 18 January, discussed the continuation of the act for establishing Trading Houses with Indian tribes and its effect on commerce. Jefferson en- couraged Congress to look at commercial possibilities to the west and proposed that “an intelligent officer with ten or twelve chosen men” explore the Missouri river and the country beyond. The endeavor would be useful to the country in many ways. It would promote com- merce, provide valuable intelligence on Indian tribes, and advance “the geographical knowledge of our own continent.” He requested and received an appropriation of $2,500, then wrote to his friends and fellow members of the american Philosophical Society, Ben- jamin Smith Barton, robert Patterson, Benjamin rush, and Caspar Wistar, informing them of the expedition and asking their help in preparing Meriwether Lewis, its appointed leader. Lewis, while “brave, prudent, habituated to the woods, & familiar with Indian manners & Character,” was lacking in knowledge of botany, natural history, mineralogy, and astronomy. although critical matters of state confronted him, Jefferson’s daily life in the President’s House was brightened for six weeks in the late fall and early winter by the visit of Martha Jefferson randolph and two of her children—Thomas Jefferson, age ten, and ellen, age six— and Martha’s younger sister, Mary Jefferson eppes. Jefferson had long urged his family to come to Washington, and although he left few details of their sojourn, the reports of others indicate that they were well received. While in residence the young women attended

F o r e W o r D their father’s dinner gatherings, accompanied him to religious ser - vices in the hall of the House of representatives, and participated in some of the social life of the capital. They attended the president’s levee on New Year’s Day, along with the members of the cabinet, for- eign diplomats, Federalist and republican members of Congress, and some “strangers.” Manasseh Cutler, a Federalist congressman from Massachusetts, found Martha and Mary to be “well-accom- plished women—very delicate and tolerably handsome.” Margaret Bayard Smith observed that Mary was “beautiful, simplicity and timidity personified.” Her older sister was “rather homely,” with a “delicate” resemblance to her father, and had a “countenance beam- ing with intelligence, benevolence and sensibility.” Delighting in the company of the two young women, whom she visited at the Presi- dent’s House and received in her own home several times, Smith also lavished praise on granddaughter ellen, who was fond of poetry and “without exception one of the finest and most intelligent children” she had ever met. Thomas Jefferson randolph years later recalled making a trip with the coachman, unbeknownst to his mother and grandfather, to the navy yard, where he was received with salutes. after the pleasures of these six weeks, the family’s departure for home a few days after New Year’s was painful. Mary wrote of the sorrow of seeing her father “turn back alone” as she and her sister rode off anguished at the thought of the “unsafe & solitary manner” in which he slept upstairs. They wished he were at home, with them (William Parker Cutler and Julia Perkins Cutler, Life, Journals, and Correspondence of Rev. Manasseh Cutler, LL.D., 2 vols. [Cincinnati, 1888; repr. athens, ohio, 1987], 2:113-16; Margaret Bayard Smith, The First Forty Years of Washington Society, ed. gaillard Hunt [New York, 1906], 34-5; Malone, Jefferson, 4:171-4). Monticello continued to require Jefferson’s attention and funds. He alerted Craven Peyton that he would have to postpone and reduce the payments on what he owed for the Henderson lands. The nailery had “long been a dead expense instead of a profit,” and he intended to put it under new direction. The low pitch of a section of the roof allowed water to seep in under the shingles, and he sketched out a plan to lay sheet iron over the roof in a system of gutters and ridges to remedy the problem. His expenses for entertaining, both personal and official, mounted. a hamper containing 50 bottles of champagne was opened on 7 De- cember and finished on 19 December; 125 gentlemen had dined dur- ing that period and this, Jefferson calculated, resulted in “2. bottles to 5. persons.” about three weeks later, he paid Carlos Martínez de

F o r e W o r D Irujo for another 200 bottles of champagne. Jefferson subscribed to the georgetown balls and attended the annual horse races at the track just west of the President’s House. He paid for his subscription for two prints of Niagara Falls. He made two anonymous contribu- tions to the sufferers from a fire in Portsmouth, New Hampshire, supported the rebuilding of Dickinson College, donated to the Jeffer- son Monticello academy in South Carolina, subscribed to the con- struction of a market in the capital, and noted several smaller sums given “in charity” (mb, 2:1086-93). as he had often done before, Jefferson expressed his longing to re- tire from public life. Madame de Corny, one of his circle of friends from his years in France, agreed. She had seen his second annual message and worried that Louisiana was giving him trouble. She urged him to “hasten the end of his presidency.” To Madame de Tessé, also in Paris, for whom Jefferson was gathering a selection of seeds to plant in her gardens, he claimed that he would return to Monticello, possibly in 1805 but by 1809 “at the latest.” There he would turn to gardening and, in order to reap the rewards of his labor within a year, he would plant not trees, which were a lengthy undertaking, but flowers.

ACKNOWLEDGMENTS

any individuals have given the editors the benefit of their Maid in the preparation of this volume, and we offer them our thanks. Those who helped us use manuscript collections, answered research queries, assisted with translations, or advised in other ways are William C. Jordan, Princeton University; Neil ann Stuckey Levine for german translations; in the libraries at Princeton, Karin a. Trainer, University Librarian, and elizabeth Z. Bennett, Colleen M. Burlingham, Stephen Ferguson, Daniel J. Linke, Deborah T. Paparone, annaLee Pauls, Ben Primer, and Don C. Skemer; Timo- thy Connelly of the NHPrC; James H. Hutson, Barbara Bair, Julie Miller, and the staff at the Manuscript Division of the Library of Con- gress, especially Frederick J. augustyn, Jennifer Brathovde, Jeffrey Flannery, Joseph Jackson, Lia Kerwin, Patrick Kerwin, Bruce Kirby, and Lewis Wyman; Peter Drummey and the library staff of the Massachusetts Historical Society, especially Nancy Heywood for pro- viding digital scans; Susan Halpert, Houghton Library, Harvard University; robert C. ritchie, Sara N. ash georgi, Juan gomez, and olga Tsapina at the Huntington Library; James W. Campbell of the New Haven Museum and Historical Society; anna Berkes, William L. Beiswanger, and Lucia C. Stanton of the Thomas Jefferson Foun- dation at Monticello; Nicole Bouché, regina rush, and the staff of Special Collections at the University of Virginia Library; Beatriz Hardy and Susan a. riggs, Swem Library, the College of William and Mary; Sara Bearss and Brent Tarter, Library of Virginia; Dennis Northcott and the staff of the Missouri Historical Society; Martin Levitt, roy goodman, Charles B. greifenstein, and earl e. Spamer of the american Philosophical Society; Patrick Spero, formerly of the aPS and now at Williams College; James N. green of the Library Company of Philadelphia; the staff of the New York Public Library; the gilder Lehrman Institute of american History and Jean W. ash- ton and edward o’reilly of the New-York Historical Society; Charles M. Harris of the Papers of William Thornton, and our fellow editors at the Thomas Jefferson retirement Series at Monticello, the adams Papers at the Massachusetts Historical Society, the Papers of george Washington and the Papers of James Madison at the University of Virginia, the James Monroe Papers at the University of Mary Wash- ington, and the Papers of Benjamin Franklin at Yale University. For assistance with illustrations we are indebted to alfred L. Bush of Princeton and Bonnie Coles of the Library of Congress. Stephen

aCKNoWLeDgMeNTS Perkins and Jason Bush of dataformat.com provided essential techni- cal support for us with the XML preparation of these volumes. We thank alice Calaprice for careful reading and Jan Lilly for her unpar- alleled mastery of what a Jefferson volume must be. We appreciate especially the support and leadership of Peter J. Dougherty, Director of Princeton University Press. others at the Press who never fail to give these volumes the benefit of their expertise are adam Fortgang, Dimitri Karetnikov, Neil Litt, elizabeth Litz, Clara Platter, Linny Schenck, and Brigitta van rheinberg. For many volumes of The Papers of Thomas Jeff erson, robert W. Hartle skillfully and patiently assisted us with transcriptions and translations of French documents. We extend our deepest gratitude for his knowledge and dedication.