History of the United States During the Administrations of Thomas Jefferson/Second/II:11
Chapter 11: The Enforcement of EmbargoEdit
The embargo had lasted less than four months, when April 19 the President at Washington was obliged to issue a proclamation announcing that on Lake Champlain and in the adjacent country persons were combined for the purpose of forming insurrections against the laws, and that the military power of the government must aid in quelling such insurrections. Immense rafts of lumber were collecting near the boundary line; and report said that one such raft, near half a mile long, carried a ball-proof fort, and was manned by five or six hundred armed men prepared to defy the custom-house officers. This raft was said to contain the surplus produce of Vermont for a year past,—wheat, potash, pork, and beef,—and to be worth upward of three hundred thousand dollars. The governor of Vermont ordered out a detachment of militia to stop this traffic, and the governor of New York ordered another detachment to co-operate with that of Vermont. May 8 rumors of a battle were afloat, and of forty men killed or wounded. The stories were untrue, but the rafts escaped, the customs officials not venturing to stop them.
Reports of this open defiance and insurrection on the Canada frontier reached Washington at the same time with other reports which revealed endless annoyances elsewhere. If the embargo was to coerce England or France, it must stop supplies to the West Indian colonies, and prevent the escape of cotton or corn for the artisans of Europe. The embargo aimed at driving England to desperation, but not at famishing America; yet the President found himself at a loss to do the one without doing the other. Nearly all commerce between the States was by coasting-vessels. If the coasting-trade should be left undisturbed, every schooner that sailed from an American port was sure to allege that by stress of weather or by the accidents of navigation it had been obliged to stop at some port of Nova Scotia or the West Indies, and there to leave its cargo. Only the absolute prohibition of the coasting-trade could prevent these evasions; but to prohibit the coasting-trade was to sever the Union. The political tie might remain, but no other connection could survive. Without the coasting-trade New England would be deprived of bread, and her industries would perish; Charleston and New Orleans would stagnate in unapproachable solitude.
Jefferson proclaimed the existence of an insurrection on the Canadian frontier shortly before the adjournment of Congress. Immediately after the adjournment he took in hand the more serious difficulties of the coasting-trade. The experiment of peaceable coercion was at last to have full trial, and Jefferson turned to the task with energy that seemed to his friends excessive, but expressed the vital interest he felt in the success of a theory on which his credit as a statesman depended. The crisis was peculiarly his own; and he assumed the responsibility for every detail of its management.
May 6 the President wrote to Gallatin a letter containing general directions to detain in port every coasting-vessel which could be regarded as suspicious. His orders were sweeping. The power of the embargo as a coercive weapon was to be learned.
- "In the outset of the business of detentions," said the President, "I think it impossible to form precise rules. After a number of cases shall have arisen, they may probably be thrown into groups and subjected to rules. The great leading object of the Legislature was, and ours in execution of it ought to be, to give complete effect to the embargo laws. They have bidden agriculture, commerce, navigation to bow before that object,—to be nothing when in competition with that. Finding all their endeavors at general rules to be evaded, they finally gave us the power of detention as the panacea; and I am clear we ought to use it freely, that we may by a fair experiment know the power of this great weapon, the embargo."
A few days later Jefferson repeated the warning in stronger language: "I place immense value in the experiment being fully made, how far an embargo may be an effectual weapon in future as well as on this occasion."
"Where you are doubtful," continued the instructions to Gallatin, "consider me as voting for detention;" and every coasting-vessel was an object of doubt. On the same day with the letter of May 6 to the Secretary of the Treasury, the President wrote a circular to the governors of New Hampshire, Massachusetts, South Carolina, Georgia, and Orleans,—portions of the Union which consumed more wheat than they produced,—requesting them to issue certificates for such quantities of flour as were likely to be needed beyond their local supply. The certificates, directed to the collector of some port usually exporting flour, were to be issued to "any merchant in whom you have confidence." All other shipments of produce were objects of suspicion. "I really think," wrote the President to Gallatin, "it would be well to recommend to every collector to consider every shipment of provisions, lumber, flaxseed, tar, cotton, tobacco, etc.,—enumerating the articles,—as sufficiently suspicious for detention and reference here." He framed new instructions to the governors on this idea: "We find it necessary to consider every vessel as suspicious which has on board any articles of domestic produce in demand at foreign markets, and most especially provisions."
Gallatin, having early declared his want of faith in the embargo as a coercive measure, was the more bound to prove that his private opinion did not prevent him from giving full trial to the experiment which Executive and Legislature had ordered him to make. He set himself resolutely to the unpleasant task. Instead of following the President's plan of indiscriminate suspicion and detention, he preferred to limit the suspicious cargo in value, so that no vessel could carry provisions to the amount of more than one-eighth of the bond; but before he could put his system in force, new annoyances arose. Governor Sullivan of Massachusetts, under the President's circular, issued certificates before July 15 to the amount of fifty thousand barrels of flour and one hundred thousand bushels of corn, besides rice and rye. Gallatin complained to the President, who instantly wrote to the governor of Massachusetts an order to stop importing provisions:—
- "As these supplies, although called for within the space of two months, will undoubtedly furnish the consumption of your State for a much longer time, I have thought advisable to ask the favor of your Excellency, after the receipt of this letter, to discontinue issuing any other certificates, that we may not unnecessarily administer facilities to the evasion of the embargo laws."
That Massachusetts already on the brink of rebellion should tolerate such dictation could hardly be expected; and it was fortunate for Jefferson that the Federalists had failed to elect a governor of their own stripe. Even Sullivan, Democrat as he was, could not obey the President's request, and excused his disobedience in a letter which was intended to convince Jefferson that the people of Massachusetts were the best judges of the amount of food they needed.
- "The seaport towns," Sullivan wrote, "are supported almost entirely by bread from the Southern and Middle States. The interior of this State live on a mixture of Indian corn and rye in common regimen, but their fine bread and pastry depend on the importations from the southward, carted into the interior. The country towns consume more imported flour than is equivalent for all the grain they carry to market in the seaport towns. Their hogs and poultry consume much Indian corn. The rice imported here from the southward, since the Embargo Act, has been very inconsiderable. The Indian corn is in greater quantities, but that would not find a market in the British or French dominions if there was no embargo. This is an article of great demand here, not as bread, but as sustenance for carriage-horses, draft-horses, etc., and the quantity consumed is really astonishing."
Sullivan admitted that the habits of the Massachusetts people, contracted under the royal government and still continued, led to the evasion of commercial laws; but he told the President what would be the result of an arbitrary interference with their supplies of food:—
- "You may depend upon it that three weeks after these certificates shall be refused, an artificial and actual scarcity will involve this State in mobs, riots, and convulsions, pretendedly on account of the embargo. Your enemies will have an additional triumph, and your friends suffer new mortifications."
Governor Sullivan was a man of ability and courage. Popular and successful, he had broken the long sway of Federalism in Massachusetts, and within a few months had carried his re-election against the utmost exertions of the Essex Junto; but he had seen John Quincy Adams fall a sacrifice to the embargo, and he had no wish to be himself the next victim of Jefferson's theories. His situation was most difficult, and he warned the President that the embargo was making it worse:—
- "The embargo has been popular with what is denominated the Republican part of the State; but as it does not appear from anything that has taken place in the European Powers that it has had the expected effect there, it has begun to lose its support from the public opinion. . . . There are judicious men in this State who are friends to the present Administration, and who have been in favor of the embargo as a measure of expedience which ought to have been adopted by the government, but who now express great doubts as to the power of enforcing it much longer under present circumstances. They do not perceive any of the effects from it that the nation expected; they do not perceive foreign Powers influenced by it, as they anticipated. They are convinced, as they say, that the people of this State must soon be reduced to suffering and poverty. . . . These men consider the embargo as operating very forcibly to the subversion of the Republican interest here. Should the measure be much longer continued, and then fail of producing any important public good, I imagine it will be a decisive blow against the Republican interest now supported in this Commonwealth."
Jefferson resented Sullivan's conduct. A few days afterward he wrote to General Dearborn, the Secretary of War, who was then in Maine, warning him to be ready to support the measure which Sullivan had declined to adopt.
- "Yours of July 27 is received," Jefferson said. "It confirms the accounts we receive from others that the infractions of the embargo in Maine and Massachusetts are open. I have removed Pope, of New Bedford, for worse than negligence. The collector of Sullivan is on the totter. The Tories of Boston openly threaten insurrection if their importation of flour is stopped. The next post will stop it. I fear your Governor [Sullivan] is not up to the tone of these parricides, and I hope on the first symptom of an open opposition of the law by force you will fly to the scene, and aid in suppressing any commotion."
Blood was soon shed, but Jefferson did not shrink. The new army was stationed along the Canada frontier. The gunboats and frigates patrolled the coast. On every side dangers and difficulties accumulated. "I did not expect a crop of so sudden and rank growth of fraud and open opposition by force could have grown up in the United States." At Newburyport an armed mob on the wharf prevented the custom-house officers from detaining a vessel about to sail. The collectors and other officers were ill-disposed, or were harassed by suits at law for illegal detentions. Rebellion and disunion stared Jefferson in the face, but only caused him to challenge an outbreak and to invite violence.
- "That the Federalists may attempt insurrection is possible," he wrote to Gallatin, "and also that the governor would sink before it; but the Republican part of the State, and that portion of the Federalists who approve the embargo in their judgments, and at any rate would not court mob law, would crush it in embryo. I have some time ago written to General Dearborn to be on the alert on such an occasion, and to take direction of the public authority on the spot. Such an incident will rally the whole body of Republicans of every shade to a single point,—that of supporting the public authority."
The Federalists knew when to rebel. Jefferson could teach them little on that subject. They meant first to overthrow Jefferson himself, and were in a fair way to gratify their wish; for the people of New England—Republican and Federalist alike—were rapidly rallying to common hatred of the President. As winter approached, the struggle between Jefferson and Massachusetts became on both sides vindictive. He put whole communities under his ban. He stopped the voyage of every vessel "in which any person is concerned, either in interest or in navigating her, who has ever been concerned in interest or in the navigation of a vessel which has at any time before entered a foreign port contrary to the views of the embargo laws, and under any pretended distress or duress whatever." When a permit was asked for the schooner "Caroline," of Buckstown on the Penobscot, Jefferson replied,—
- "This is the first time that the character of the place has been brought under consideration as an objection. Yet a general disobedience to the laws in any place must have weight toward refusing to give them any facilities to evade. In such a case we may fairly require positive proof that the individual of a town tainted with a general spirit of disobedience has never said or done anything himself to countenance that spirit."
Jefferson went still further in his reply to a petition from the island of Nantucket for food. "Our opinion here is that that place has been so deeply concerned in smuggling, that if it wants it is because it has illegally sent away what it ought to have retained for its own consumption."
Of all the old Republican arguments for a policy of peace, the commonest was that a standing army would be dangerous, not to foreign enemies, but to popular liberties; yet the first use of the new army and gunboats was against fellow-citizens. New England was chiefly controlled by the navy; but in New York the army was needed and was employed. Open insurrection existed there. Besides forcible resistance offered to the law, no one was ignorant that the collectors shut their eyes to smuggling, and that juries, in defiance of court and President, refused to indict rioters. Governor Tompkins announced that Oswego was in active insurrection, and called on the President to issue a proclamation to that effect. Jefferson replied by offering to take into the United States service the militia required to suppress the riots, and begged Governor Tompkins to lead his troops in person. "I think it so important in example to crush these audacious proceedings and to make the offenders feel the consequences of individuals daring to oppose a law by force, that no effort should be spared to compass this object."
When permission was asked to establish a packet on Lake Champlain, "I do not think this is a time," replied Jefferson, "for opening new channels of intercourse with Canada and multiplying the means of smuggling." The people who lived on the shores of Lake Champlain might object to such interference in their affairs, but could not deny the force of Jefferson's reasoning. Another application of a different kind was rejected on grounds that seemed to give to the President general supervision over the diet of the people:—
- "The declaration of the bakers of New York that their citizens will be dissatisfied, under the present circumstances of their country, to eat bread of the flour of their own State, is equally a libel on the produce and citizens of the State. . . . If this prevails, the next application will be for vessels to go to New York for the pippins of that State, because they are higher flavored than the same species of apples growing in other States."
The same sumptuary rule applied to Louisiana. "You know I have been averse to letting Atlantic flour go to New Orleans merely that they may have the whitest bread possible."
The President seemed alone to feel this passionate earnestness on behalf of the embargo. His Cabinet looked on with alarm and disgust. Madison took no share in the task of enforcement. Robert Smith sent frigates and gunboats hither and thither, but made no concealment of his feelings. "Most fervently," he wrote to Gallatin, "ought we to pray to be relieved from the various embarrassments of this said embargo. Upon it there will in some of the States, in the course of the next two months, assuredly be engendered monsters. Would that we could be placed on proper ground for calling in this mischief-making busy-body." Smith talked freely, while Gallatin, whose opinion was probably the same, said little, and labored to carry out the law, but seemed at times disposed to press on the President's attention the deformities of his favorite monster.
- "I am perfectly satisfied," wrote Gallatin to the President July 29, "that if the embargo must be persisted in any longer, two principles must necessarily be adopted in order to make it sufficient: First, that not a single vessel shall be permitted to move without the special permission of the Executive; Second, that the collectors be invested with the general power of seizing property anywhere, and taking the rudders, or otherwise effectually preventing the departure of any vessel in harbor, though ostensibly intended to remain there,—and that without being liable to personal suits. I am sensible that such arbitrary powers are equally dangerous and odious; but a restrictive measure of the nature of the embargo, applied to a nation under such circumstances as the United States, cannot be enforced without the assistance of means as strong as the measure itself. To that legal authority to prevent, seize, and detain, must be added a sufficient physical force to carry it into effect; and although I believe that in our seaports little difficulty would be encountered, we must have a little army along the Lakes and British lines generally. . . . That in the present situation of the world every effort should be attempted to preserve the peace of this nation, cannot be doubted; but if the criminal party-rage of Federalists and Tories shall have so far succeeded as to defeat our endeavors to obtain that object by the only measure that could possibly have effected it, we must submit and prepare for war."
"I mean generally to express an opinion," continued the secretary, "founded on the experience of this summer, that Congress must either invest the Executive with the most arbitrary powers and sufficient force to carry the embargo into effect, or give it up altogether." That Jefferson should permit a member of his Cabinet to suggest the assumption of "the most arbitrary powers;" that he should tolerate the idea of using means "equally dangerous and odious,"—seemed incredible; but his reply showed no sign of offence. He instantly responded,—
- "I am satisfied with you that if Orders and Decrees are not repealed, and a continuance of the embargo is preferred to war (which sentiment is universal here), Congress must legalize all means which may be necessary to obtain its end."
If repeated and menacing warnings from the people, the State authorities, and officers of the national government failed to produce an impression on the President's mind, he was little likely to regard what came from the Judiciary; yet the sharpest of his irritations was caused by a judge whom he had himself, in 1804, placed on the Supreme Bench to counteract Marshall's influence. Some merchants of Charleston, with consent of the collector and district-attorney, applied for a mandamus to oblige the collector of that town to clear certain ships for Baltimore. The collector admitted that he believed the voyage to be intended in good faith, and that under the Embargo Law he had no right of detention; but he laid Secretary Gallatin's instructions before the court. The case was submitted without argument, and Justice William Johnson, of the South Carolina circuit,—a native of South Carolina, and a warm friend of the President,—decided that the Act of Congress did not warrant detention, and that without the sanction of law the collector was not justified by instructions from the Executive in increasing the restraints upon commerce. The mandamus issued.
These proceedings troubled but did not check the President. "I saw them with great concern," he wrote to the governor of South Carolina, "because of the quarter from whence they came, and where they could not be ascribed to any political waywardness." Rodney, the attorney-general, undertook to overrule Justice Johnson's law, and wrote, under the President's instructions, an official opinion that the court had no power to issue a mandamus in such a case. This opinion was published in the newspapers at the end of July, "an act unprecedented in the history of executive conduct," which in a manner forced Justice Johnson into a newspaper controversy. The Judge's defence of his course was temperate and apparently convincing to himself, although five years afterward he delivered an opinion of the whole Supreme Court in a similar case, "unquestionably inconsistent" with his embargo decision, which he then placed on technical ground. He never regained Jefferson's confidence; and so effective was the ban that in the following month of December the Georgia grand-jury, in his own circuit, made him the object of a presentment for "improper interference with the Executive."
If the conduct of Justice Johnson only stimulated the President's exercise of power, the constitutional arguments of Federalist lawyers and judges were unlikely to have any better effect; yet to a Virginia Republican of 1798 no question could have deeper interest than that of the constitutionality of the embargo. The subject had already been discussed in Congress, and had called out a difference of opinion. There, Randolph argued against the constitutionality in a speech never reported, which turned on the distinction between regulating commerce and destroying it; between a restriction limited in time and scope, and an interdict absolute and permanent. The opponents of the embargo system, both Federalists and Republicans, took the same ground. The Constitution, they said, empowered Congress "to regulate commerce with foreign nations, and among the several States, and with the Indian tribes;" but no one ever supposed it to grant Congress the power "to prohibit commerce with foreign nations, and among the several States, and with the Indian tribes." Had such words been employed, the Constitution could not have gained the vote of a single State.
History has nothing to do with law except to record the development of legal principles. The question whether the embargo was or was not Constitutional depended for an answer on the decision of Congress, President, and Judiciary, and the assent of the States. Whatever unanimous decision these political bodies might make, no matter how extravagant, was law until it should be reversed. No theory could control the meaning of the Constitution; but the relation between facts and theories was a political matter, and between the embargo and the old Virginia theory of the Constitution no relation could be imagined. Whatever else was doubtful, no one could doubt that under the doctrine of States-rights and the rules of strict construction the embargo was unconstitutional. Only by the widest theories of liberal construction could its constitutionality be sustained.
The arguments in its favor were arguments which had been once regarded as fatal to public liberty. The first was made by Richard M. Johnson of Kentucky: "If we have power to lay an embargo for one day, have we not the power to renew it at the end of that day? If for sixty days, have we not the power to renew it again? Would it not amount to the same thing? If we pass a law to expire within a limited term, we may renew it at the end of that term; and there is no difference between a power to do this, and a power to pass laws without specified limit." This principle, if sound, might be applied to the right of habeas corpus or of free speech, to the protection of American manufactures or to the issue of paper money as a legal tender; and whenever such application should be made, the Union must submit to take its chance of the consequences sure to follow the removal of specified limits to power. Another argument was used by David R. Williams, a representative South Carolinian. "The embargo is not an annihilation but a suspension of commerce," he urged, "to regain the advantages of which it has been robbed." If Congress had the right to regulate commerce for such a purpose in 1808, South Carolina seemed to have no excuse for questioning, twenty years later, the constitutionality of a protective system. Still another argument was used by George W. Campbell of Tennessee.
- "A limited embargo," he said, "can only mean an embargo that is to terminate at some given time; and the length of time, if a hundred years, will not change the character of the embargo,—it is still limited. If it be constitutional to lay it for one day, it must be equally so to lay it for ten days or a hundred days or as many years,—it would still be a limited embargo; and no one will, I presume, deny that an embargo laid for such a length of time, and one laid without limitation, would in reality and to all practical purposes be the same."
This reasoning was supported by an immense majority in both Houses of Congress; was accepted as sound by the Executive, and roused no protest from the legislature of any Southern State. So far as concerned all these high political authorities, the principle was thus settled that the Constitution, under the power to regulate commerce, conferred upon Congress the power to suspend foreign commerce forever; to suspend or otherwise regulate domestic and inter-state commerce; to subject all industry to governmental control, if such interference in the opinion of Congress was necessary or proper for carrying out its purpose; and finally, to vest in the President discretionary power to execute or to suspend the system, in whole or in part.
The Judiciary had still to be consulted. In the September Term, 1808, an embargo case was argued at Salem before John Davis, judge of the District Court for Massachusetts; and Samuel Dexter, the ablest lawyer in New England, urged the constitutional objections to the embargo with all the force that ability and conviction could give. No sounder Federalist than Judge Davis sat on the bench; but although the newspapers of his party were declaiming against the constitutionality of the law, and although Chief-Justice Parsons, of the Massachusetts Supreme Court, the most eminent legal authority in the State, lent his private influence on the same side, Judge Davis calmly laid down the old Federalist rule of broad construction. His opinion, elaborately argued and illustrated, was printed in every newspaper.
"Stress has been laid in argument," he said, "on the word 'regulate,' as implying in itself a limitation. Power to 'regulate', it is said, cannot be understood to give a power to annihilate. To this it may be replied that the Acts under consideration, though of very ample extent, do not operate as a prohibition of all foreign commerce. It will be admitted that partial prohibitions are authorized by the expression; and how shall the degree or extent of the prohibition be adjusted but by the discretion of the national government, to whom the subject appears to be committed."
In the Federalist spirit the Judge invoked the "necessary and proper" clause, which had been the cloak for every assumption of doubtful powers; and then passed to the doctrine of "inherent sovereignty," the radical line of division between the party of President Washington and that of President Jefferson:—
- "Further, the power to regulate commerce is not to be confined to the adoption of measures exclusively beneficial to commerce itself, or tending to its advancement; but in our national system, as in all modern sovereignties, it is also to be considered as an instrument for other purposes of general policy and interest. The mode of its management is a consideration of great delicacy and importance; but the national right or power to adapt regulations of commerce to other purposes than the mere advancement of commerce appears to me unquestionable."
After drawing these conclusions from the power to regulate commerce, the Judge went a step further, and summoned to his aid the spirits which haunted the dreams of every true Republican,—the power of war, and necessity of State:—
- "Congress has power to declare war. It of course has power to prepare for war; and the time, the manner, and the measure, in the application of constitutional means, seem to be left to its wisdom and discretion. Foreign intercourse becomes in such times a subject of peculiar interest, and its regulation forms an obvious and essential branch of federal administration. . . . It seems to have been admitted in the argument that State necessity might justify a limited embargo, or suspension of all foreign commerce; but if Congress have the power, for purposes of safety, of preparation, or counteraction, to suspend commercial intercourse with foreign nations, where do we find them limited as to the duration more than as to the manner and extent of the measure?"
Against this remarkable decision Dexter did not venture to appeal. Strong as his own convictions were, he knew the character of Chief-Justice Marshall's law too well to hope for success at Washington. One of Marshall's earliest constitutional decisions had deduced from the power of Congress to pay debts the right for government to assume a preference over all other creditors in satisfying its claims on the assets of a bankrupt. Constructive power could hardly go further; and the habit of mind which led to such a conclusion would hardly shrink from sustaining Judge Davis's law.
Yet the embargo, in spite of Executive, Legislative, Judicial, and State authorities, rankled in the side of the Constitution. Even Joseph Story, though in after life a convert to Marshall's doctrines, could never wholly reconcile himself to the legislation of 1808.
- "I have ever," he wrote, "considered the embargo a measure which went to the utmost limit of constructive power under the Constitution. It stands upon the extreme verge of the Constitution, being in its very form and terms an unlimited prohibition or suspension of foreign commerce.
That President Jefferson should exercise "dangerous and odious" powers, carrying the extremest principles of his Federalist predecessors to their extremest results; that he should in doing so invite bloodshed, strain his military resources, quarrel with the State authorities of his own party and with judges whom he had himself made; that he should depend for constitutional law on Federalist judges whose doctrines he had hitherto believed fatal to liberty,—these were the first fruits of the embargo. After such an experience, if he or his party again raised the cry of States-rights, or of strict construction, the public might, with some foundation of reason, set such complaints aside as factious and frivolous, and even, in any other mouth than that of John Randolph, as treasonable.
- Proclamation of April 19, 1808; Annals of Congress, 1808-1809, p. 580.
- New York Evening Post, May, 1808
- National Intelligencer, May 23, 1808.
- Jefferson to Gallatin, May 6, 1808; Works, v. 287.
- Jefferson to the Secretary of the Treasury, May 15, 1808; Works, v. 289.
- Jefferson to the Governors of Orleans, etc., May 6, 1808; Works, v. 285.
- Jefferson to Gallatin, May 16, 1808; Gallatin's Writings, i. 389.
- Gallatin to Jefferson, July 15, 1808; Gallatin's Writings, i. 394.
- Jefferson to Sullivan, July 16, 1808; Works, v. 317.
- Sullivan to Jefferson, July 23, 1808; Jefferson MSS.
- Sullivan to Jefferson, July 21, 1808; Jefferson MSS.
- Sullivan to Jefferson, July 23, 1808; Jefferson MSS.
- Jefferson to Lincoln, Aug. 9, 1808; Works, v. 334.
- Jefferson to Gallatin, Aug. 11, 1808; Works, v. 336.
- Jefferson to Gallatin, Aug. 19, 1808; Works, v. 346.
- Jefferson to Gallatin, Dec. 7, 1808; Works, v. 396.
- Jefferson to Gallatin, Nov. 13, 1808; Works, v. 386.
- Jefferson to Levi Lincoln, Nov. 13, 1808; Works, v. 387.
- Gallatin to Jefferson, July 29, 1808; Gallatin's Writings, i, 396.
- Jefferson to Governor Tompkins, Aug. 15, 1808; Works, v. 343.
- Jefferson to the Secretary of the Treasury, Sept. 9, 1808; Works, v. 363.
- Jefferson to Gallatin, July 12, 1808; Works, v. 307.
- Jefferson to Gallatin, Sept. 9, 1808; Works, v. 363.
- Smith to Gallatin, Aug. 1, 1808; Adams's Gallatin, p. 373.
- Gallatin to Jefferson, July 19, 1808; Gallatin's Writings, i. 396.
- Jefferson to Gallatin, Aug. 11, 1808; Works, v. 336.
- Jefferson to Governor Pinckney, July 18, 1808; Works, v. 322.
- McIntyre v. Wood, March, 1813; 7 Cranch, p. 504.
- Annals of Congress, 1807-1808, p. 2091.
- Annals of Congress, 1807-1808, p. 2130.
- Annals of Congress, p. 2147.
- United States v. Fisher and others, February Term, 1805; Cranch's Reports, ii, 358-405.
- Story's Life of Story, i. 185.