government of France toward this country, yet, in our present critical situation, when we find no conduct on our part, however impartial and friendly, has been sufficient to insure from either belligerent a just respect for our rights, I am desirous that nothing shall be omitted on my part which may add to your information on this subject, or contribute to the correctness of the views which should be formed. The papers which for these reasons I now lay before you embrace all the communications, official or verbal, from the French government, respecting the general relations between the two countries which have been transmitted through our minister there, or through any other accredited channel, since the last session of Congress, to which time all information of the same kind had from time to time been given them. Some of these papers have already been submitted to Congress ; but it is thought better to offer them again, in order that the chain. of communications, of which they make a part, may be presented unbroken.

When, on the 26th of February, I communicated to both houses the letter of General Armstrong to M. Champagny, I desired it might not be published, because of the tendency of that practice to restrain injuriously the freedom of our foreign correspondence. But perceiving that this caution, proceeding purely from a regard for the public good, has furnished occasion for disseminating unfounded suspicions and insinuations, I am induced to believe that the good which will now result from its publication, by confirming the confidence and union of our fellow citizens, will more than countervail the ordinary objection to such publications. It is my wish, therefore, that it may be now published.

MESSAGE ON PUBLIC DEfence.1

[Mar. ? 1808.]

In proceeding to carry into exn the act &c. it is found that the sites most advantageous for the defense of our harbors and rivers, and sometimes the only sites competent to that defense are in

1 Madison's Paragraph.

"Incapable of giving a valid consent to their alienation, in others belong to persons who may refuse altogether to alienate, or demand a compensation far

some cases the property of minors incapable of giving a valid consent to their alienation, in others belong to persons who on no terms will alienate, and in others the proprietors demand such exaggerated compensn as, however liberally the public ought to compensate in such cases, would exceed all bounds of justice or liberality. From this cause the defense of our seaboard, so necessary to be pressed during the present season will in various parts be defeated, unless the national legislature can apply a constitutional remedy. The power of repelg invasions, and making laws necessary for carrying that power into execution seems to include that of occupyg those sites which are necessary to repel an enemy; observing only the amendment to the constitution which provides that private property shall not be taken for public use without just compensation. I submit therefore to the consideration of Congress, where the necessary sites cannot be obtained by the joint & valid consent of parties, whether provision should be made by a process of ad quod damnum, or any other more eligible means for authorizing the sites which are necessary for the public defence to be appropriated to that purpose.

I am aware that as the consent of the legislature of the state to the purchase of the site may not, in some instances have been previously obtained, exclusive legislation cannot be exercised therein by Congress until that consent is given. But in the meantime it will be held under the same laws which protect the property of individuals in that state and other property of the U. S. and the legislatures at their next meetings will have opportunities of doing what will be so evidently called for by the interest of their own state.

beyond the liberal justice allowable in such cases. From these causes the defence of our seaboard, so necessary to be pressed during the present season, will in various parts be defeated, unless a remedy can be applied. With a view to this I submit the case to the consideration of Congress, who estimating its importance & reviewing the powers vested in them by the constitution combined with the amendment providing that private property shall not be taken for public use, without just compensation, will decide on the course most proper to be pursued.

"I am aware &c.

"(For consideration) As the constitutionality will be much agitated, it is doubted whether a precise opinion on that or the legal process be eligible." Indorsed "Dept. of State recd Mar. 24 08 Message for Sites."

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

J. MSS.

Mar 31, 08.

If, on considering the doubts I shall suggest, you shall still think your draught of a supplementary embargo law sufficient, in its present form, I shall be satisfied it is so, for I have but one hour in the morning in which I am capable of thinking, and that is too much crowded with business to give me time to think.'

'The following is the Jefferson draught alluded to above, together with the most important letters concerning the matter. The whole correspondence is given in Adams's Writings of Gallatin:

March 30, 1808.

A bill supplementary to the several Acts for laying an embargo on vessels, &c.

For vessels coming down rivers, &c.-Be it enacted, &c., that it shall not be lawful for any vessel laden with provisions or lumber to pass by or depart from any port of entry of the United States without examination and a special license from the collector of the customs of such port; nor shall any vessel be so laden on any part of the coasts or shores of the United States without the limits of any port of entry until previously examined by some person authorized by the nearest collector of the customs, and a special license from the said collector to be so laden, and to depart according to her lawful destination, on pain of incurring the same penalties and forfeitures as if the said lading had been exported contrary to the tenor of the Acts for laying on embargo, &c. And it shall be lawful for all officers of the revenue and of the armed vessels of the United States to bring to and examine all vessels suspected to be laden with provisions or lumber, and to have departed, or to be about to depart, without having obtained such license, and on examination and probable grounds to seize and place the same under a due course of legal inquiry.

For Passamaquoddy and St. Mary's, and the secret coves and inlets of the coast. And it be further enacted, &c., that wheresoever, in any port or on the coasts or shores of the United States elsewhere, a collection of provisions or of lumber shall be made or making which is suspected to be intended for exportation contrary to the provisions of the said laws for laying an embargo, it shall be lawful for the collector of the same port, or of the nearest port, by any agent to be appointed by him, to have the same deposited, if provisions, in warehouses to be approved by him, and to be duly secured by lock, the key of which shall remain with such agent ; or if lumber, then to be placed under a sufficient guard by day and night, the expense of which shall be paid by the owner of such lumber, or be levied by sale of a sufficient part thereof; and not to permit the said provisions or lumber to be removed but to such other places, and on such conditions, as shall in his judgment sufficiently guard their being exported contrary

1. Is not the first paragraph against the Constitution, which says no preference shall be given to the ports of one State over those of another? You might put down those ports as ports of entry, if that could be made to do.

2. Could not your 2d paragraph be made to answer by making it say that no clearance shall be furnished to any vessel laden with provisions or lumber, to go from one port to another of the US, without special permission, &c. In that case we might lay down

to the provisions of the said Acts. And the said collectors and agents shall in all cases within the purview of this Act be governed by such regulations as shall be prescribed by the Secretary of the Treasury, with the approbation of the President of the United States, in all matters of detail necessary for preventing the evasion of this law and for carrying the same into effectual execution.

TH. J. TO A. G. :

The above is a very imperfect sketch (for I am not in a condition to think attentively) of what your better knowledge of the subject will enable you [to] prepare for preventing the evasions of the law at Passamaquoddy, St. Mary's, and everywhere else as to provisions and lumber. If you will prepare something on these or any other ideas you like better, Mr. Eppes will give them to Mr. Newton (or you can endorse them to him yourself), and he will push them through the House. Affectionate salutations.

April 2, 1808.

On the amendments of the embargo laws I am perfectly satisfied with whatever you have concluded on after consideration of the subject. My view was only to suggest for your consideration, having not at all made myself acquainted with the details of that law. I therefore return you your bill, and wish it to be proposed. I will this day nominate Elmer. The delegates of North Carolina expect daily to receive information on the subject of a marshal. Is the register's office at New Orleans vacant? Claiborne says it is, and strongly recommends Robertson, the secretary. He will be found one of the most valuable men we have brought into the public service, for integrity, talents, and amiability. Affectionate salutations.

*

October 25, 1808.

Would it not be well to have a bill ready for Congress on the defects which experience has developed in the embargo laws? Mandamus. The discretion of the collector expressly subjected to instructions from hence. To seize all suspected deposits. Bonds to be equal to what the cargoes would sell for in the highest foreign market, &c. Such other amendments as have occurred to you. The passing the law at their meeting would have a good effect in Europe, and would not pledge themselves to a continuance. Affectionate salutations.

rules for the necessary removal of provisions and lumber, inland, which should give no trouble to the citizens, but refuse licenses for all coasting transportation of those articles but on such applications from a Governor as may ensure us against any exportation but for the consumption of his State. Portsmouth, Boston, Charleston, & Savannah, are the only ports which cannot be supplied inland. I should like to prohibit collections, also, made evidently for clandestine importation.

3. I would rather strike out the words "in conformity with treaty" in order to avoid any express recognition at this day of that article of the British treaty. It has been so flagrantly abused to excite the Indians to war against us, that I should have no hesitation in declaring it null, as soon as we see means of supplying the Indians ourselves.

I should have no objections to extend the exception to the Indian furs purchased by our traders & sent into Canada. Affectionate salutns.

TO CORNELIA JEFFERSON RANDOLPH1

WASHINGTON, April 3, '08.

MY DEAR CORNELIA,-I have owed you a letter two months, but have had nothing to write about, till last night I found in a newspaper the four lines which I now inclose to you: and as you are learning to write, they would be a good lesson to convince you of the importance of minding your stops in writing. I allow you a day to find out yourself how to read these lines, so far as to make them true. If you cannot do it in that time, you may call in assistance. At the same time, I will give you four other lines, which I learnt when I was but a little older than you, and I still remember.

'Daughter of Thomas Mann, and Martha (Jefferson) Randolph. She afterwards married Nicholas Phillips Trist.

From Randall's Life of Jefferson, III., 634.