TO MR. GALLATIN.
November 13, 1808.
1st. The ship Aurora, Captain Rand. Provisions, lumber and naval stores being the articles on which we rely most for effect during our embargo. Rand's landing, as to the great mass of its articles, seems not to render his case suspicious. Keeping therefore the articles of provisions, lumber and naval stores, within their regular limits, I see no objection to a permit in the character of his cargo; and the objection drawn from his dislike and disapprobation of the embargo, has never been considered as an obstacle where the person has not actually been guilty of its infraction. I think a permit should be granted under the regular limitations as to the proportion of provisions, &c.
2d. The schooner Concord, property of John Bell of Petersburg. Wherever a person has once been guilty of breaking the embargo laws, we can no longer have confidence in him, and every shipment made by him becomes suspicious. No permit should be granted him; the fact of a prior breach being sufficient without the formality of its being found by jury.
3d. The schooner Caroline, belonging to Brown and Pilsbury of Buckstown. Where every attempt, the Collector says, has been made and still continues to be made to evade the embargo laws, the nature of the cargo is sufficient to refuse the permit, being wholly of provisions and lumber. This is the first time 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 towards 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. But the first cause of refusal being sufficient, an inquiry into character and conduct is unnecessary.
TO LIEUTENANT GOVERNOR LINCOLN.
Washington, November 13, 1808.
Dear Sir,—I enclose you a petition from Nantucket, and refer it for your decision. 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. Be so good as to bear in mind that I have asked the favor of you to see that your State encounters no real want, while, at the same time, where applications are made merely to cover fraud, no facilities towards that be furnished. I presume there can be no want in Massachusetts as yet, as I am informed that Governor Sullivan's permits are openly bought and sold here and in Alexandria, and at other markets. The congressional campaign is just opening: three alternatives alone are to be chosen from. 1. Embargo. 2. War. 3. Submission and tribute. And, wonderful to tell, the last will not want advocates. The real question, however, will lie between the two first, on which there is considerable division. As yet the first seems most to prevail; but opinions are by no means yet settled down. Perhaps the advocates of the second may, to a formal declaration of war, prefer general letters of mark and reprisal, because, on a repeal of their edicts by the belligerent, a revocation of the letters of mark restores peace without the delay, difficulties, and ceremonies of a treaty. On this occasion, I think it is fair to leave to those who are to act on them, the decisions they prefer, being to be myself but a spectator. I should not feel justified in directing measures which those who are to execute them would disapprove. Our situation is truly difficult. We have been pressed by the belligerents to the very wall, and all further retreat is impracticable.
I salute you with sincere friendship.