Sir, Your favor of February 1st lately came to my hands. It brings me new proofs, in the resolutions it enclosed, of the indulgence with which the legislature of Orleans has been pleased to view my conduct in the various duties assigned to me by our common country. The times in which we have lived have called for all the services which any of its citizens could render, and if mine have met approbation they are fully rewarded.
The interposition noticed by the Legislature of Orleans was an act of duty of the office I then occupied. Charged with the care of the general interest of the nation, and among these with the preservation of their lands from intrusion, I exercised, on their behalf, a right given by nature to all men, individual or associated, that of rescuing their own property wrongfully taken. In cases of forcible entry on individual possessions, special provisions, both of the common and civil law, have restrained the right of rescue by private force, and substituted the aid of the civil power. But no law has restrained the right of the nation itself from removing by its own arm, intruders on its possessions. On the contrary, a statute recently passed, had required that such removals should be diligently made. The Batture of New Orleans, being a part of the bed contained between the two banks of the river, a naked shoal indeed at low water, but covered through the whole season of its regular full tides, and then forming the ground of the port and harbor for the upper navigation, over which vessels ride of necessity when moored to the bank, I deemed it public property, in which all had a common use. The removal, too, of the force which had possessed itself of it, was the more urgent from the interruption it might give to the commerce, and other lawful uses, of the inhabitants of the city and of the Western waters generally.
If this aid from the public authority was particularly interesting to the territory of Orleans, it certainly adds new satisfaction to my consciousness of having done what was right.
I ask the favor of you to convey to the Legislature of Orleans, my gratitude for the interest they are so kind as to express in my future happiness; and I pray to the Governor of the Universe, that He may always have them and our country in his holy keeping.
TO HIS EXCELLENCY GOVERNOR CLAIBORNE.
Monticello, May 3, 1810.
Dear Sir,—Your letters of January 12th and February 1st, came to hand only a fortnight ago. The enclosed contains my answer to the latter, for communication to the Legislature. So many false views on the subject of the batture have been presented in and out of Congress, that duty to myself, as well as justice to the citizens of New Orleans and of the western country generally, required that I should avail myself of the occasion these resolutions presented, of stating, in the fewest words possible, the true ground of my conduct, and, as I think, of the rights of the western country. But the occasion also restricted me to the limits of a short text only, every word of which would be matter for copious commentary, in a dilated discussion of the subject. Has Moreau de l'Isle's opinion ever been printed? I wish it were possible to get a copy of it. Perhaps I might be able to make good use of it.
Before the receipt of your letter of Jan. 12th, I had heard of your great loss, and been impressed with the depth of it. Long tried in the same school of affliction, no loss which can rend the human heart is unknown to mine; and a like one particularly, at about the same period of life, had taught me to feel the sympathies of yours. The same experience has proved that time, silence and occupation are its only medicines. Of occupation, you have enough and of the highest order; that of continuing to make a worthy people happy by a just and parental government, and of protecting them from the wolves prowling around to devour them. Your own example will be the best lesson for the son which has been left to comfort you, to whose course in life I hope it will give a shape which shall make him truly a comfort and support to your latter days, protracted to your own wishes.
I really wish effect to the hints in my letter to you for so laying off the additions to the city of New Orleans, as to shield it from yellow fever. My confidence in the idea is founded in the acknowledged experience that we have never seen the genuine yellow fever extend itself into the country, nor even to the outskirts or open parts of a close-built city. In the plan I propose, every square would be surrounded, on every side, by open and pure air, and would, in fact, be a separate town with fields or open suburbs around it.