TO THE SECRETARY OF THE TREASURY.
Monticello, May 17, 1808.
Dear Sir,—Yours of the 16th came to hand last night. As the lead mines do not press in point of time, I would rather they should be the subject of a conversation on my return. It is not merely a question about the terms we have to consider, but the expediency of working them. As to the Savannah revenue cutter, I approve of the proposition in your letter, or whatever else you may think proper to be done. The regular traders to New Orleans may be admitted to go as usual, the characters of the owners being known to be safe, and provisions and lumber being excepted. Cotton perhaps may be permitted to be brought back on the consideration that its price in Europe is not likely to be such as that the adventurers may afford to pay all the forfeitures. I presume Mr. Price's application, which I enclose you, will fall under this general permission. Will you be so good as to have the proper answer given him. If we change our rule of tonnage for Mr. Murray's purpose, the next application will be for such a rate of tonnage as will allow them to bring back their property in the form of hay. General Dearborne has occasion to send a vessel to Passamaquoddy with cannon for the batteries, and perhaps provision for the troops, and has asked me to send him a blank license. But as these licenses are not signed by me, I refer him to you for the necessary arrangements.
I shall sincerely lament Cuba's falling into any hands but those of its present owners. Spanish America is at present in the best hands for us, and "Chi sta bene, non si muove" should be our motto. I salute you with affection.
TO THE SECRETARY OF STATE.
Monticello, May 19, 1808.
Dear Sir,—I now return you the papers reserved from the last post. Our regular answer to Mr. Livingston may well be, that the Attorney General having given an official opinion that the right to the batture is in the United States, and the matter being now referred to Congress, it is our duty to keep the grounds clear of any adversary possession, until the Legislature shall decide on it. I have carefully read Mr. Livingston's printed memoir. He has shaken my opinion as to the line within the road having been intended as a line of boundary instead of its being a line of admeasurement only. But he establishes another fact by the testimony of Fendeau, very fatal to his claim; to wit, that the high-water mark, "batture, ou viennent battre les eaux lorsqu elles sont dans leurs plus grandes croissances," is the universal boundary of private grants on the river.
Your observations on his allegations that Gravier's grant must be under the Spanish law, because after the cession of the province by France to Spain, though before delivery of possession, are conclusive. To which may be added, that Louis XIV. having established the Constumes de Paris as the law of Louisiana, this was not changed by the mere act of transfer; on the contrary, the laws of France continued and continue to be the law of the land, except where specially altered by some subsequent edict of Spain or act of Congress. He has not in the least shaken the doctrine that the bed of the river, and all the atterrissements or banks which arise on it by the depositions of the river, are the property of the King by a peculiarity in the law of France; so that nothing quoted from those of Spain or the Roman law is of authority on that point. Affectionate salutations.
TO THE SECRETARY OF THE TREASURY.
Monticello, May 20, 1808.