Dear Sir,—Your letters of July 31st and August 5th were received yesterday. The ground taken in conformity with the Act of Congress, of considering as public enemies British armed vessels in or entering our waters, gives us the benefit of a system of rules, sanctioned by the practice of nations in a state of war, and consequently enabling us with certainty and satisfaction to solve the different cases which may occur in the present state of things. With these rules most officers are acquainted, and especially those old enough to have borne a part in the revolutionary war.
1. As to the enemy within our waters, intercourse, according to the usages of war, can only be by flag; and the ceremonies respecting that are usually a matter of arrangement between the adverse officers commanding in the neighborhood of each other. If no arrangement is agreed on, still the right of sending a flag is inherent in each party, whose discretion will direct him to address it to the proper adverse authority; as otherwise it would be subject to delay or rejection. Letters addressed by flag to persons in authority with the adverse power, may be sent sealed, and should be delivered. But, if to others, or to their own friends happening to be within the limits of the adversary, they must be open. If innocent in the judgment of the receiving officer, courtesy requires their delivery; if otherwise, they may be destroyed or returned by him; but in a case of only suspended amity, as ours, they should be returned. Letters sent from the interdicted vessels to their consul in Norfolk must be open; and the propriety of delivering them judged of by our officer, tempering his judgment however with liberality and urbanity. Those to their minister plenipotentiary here, sealed or unsealed, should be sent to the Secretary of State without any delay. As to the demand of fugitive slaves, it was the custom during the late war, for the owner to apply to our commander for a flag, and to go himself with that, to exhibit his claim and receive the fugitive. And with respect to Americans detained on board their ships, the application should be still, as heretofore, made through the Secretary of State, to whose proper documents are to be furnished. But without waiting for his application, the British officer, knowing them to be Americans and freemen, cannot but feel it a duty to restore them to their liberty on their own demand.
2. As to the residue of the British nation, with whom we are as yet in peace, their persons and vessels, unarmed, are free to come into our country without question or molestation. And even armed vessels, in distress, or charged, under due authority, with despatches addressed to the government of the United States, or its authorized agents, are, by a proviso in the proclamation, to be received. This exception was meant to cover the British packets coming to New York, which are generally armed, as well as to keep open, through other channels, the communication between the governments. Such a vessel as the Columbine needs no flag, because she is not included in the interdict. Her repairs and supplies are to be regulated by the collector of the port, who may permit them liberally (if no abuse be justly suspected) so far as wanted to carry her back to the port from whence she came. The articles of intercourse, stay and departure, are to be specially superintended by such person as the government shall authorize and instruct.
I have thus far, in compliance with your request, stated the practice of nations so generally as to meet the cases which may arise in the neighborhood of Norfolk. In doing this, I may, in some cases, have mistaken the practice. Where I have done so, I mean that my opinion shall be subject to correction from that practice. On determining that the militia should be disbanded, except so small a portion as would require only a major to command, we concluded that so long as Captain Decatur should remain in his present station, he should be the officer to receive, authorize and regulate intercourse by flag, with the British squadron in the Chesapeake. He has accordingly, I expect, received instructions to that effect, from the Secretary of the Navy, and I shall communicate to him a copy of this letter to assist him in that duty.
The Secretary at War, I presume, has written to you on the appointment of a Major to command the militia retained. In your selection of the officer, I have no doubt you will be sensible of the importance of naming one of intelligence and activity, as on him we are to rely for daily information from that interesting quarter.
I salute you with friendship and respect.
TO HIS EXCELLENCY GOVERNOR LEWIS.
Monticello, August 8, 1807.
Sir,—I have just now received from the Secretary at War, a letter to him from the Secretary of the territory of Louisiana, requesting him to tender to the President of the United States the services of the members of the Military School of the Mine à Burton, as a volunteer corps, under the late act of Congress authorizing the acceptance of the services of volunteer corps. As you are now proceeding to take upon you the government of that territory, I pray you to be the bearer of my thanks to them for this offer, and to add the pleasure it gives me to receive further their assurances that they will cordially co-operate in the restoration of that harmony in the territory, so essential to its happiness, and so much desired by me. They, as well as all the other inhabitants of the territory, may rest satisfied that all the authorities of the general government entertain towards them the most liberal and paternal dispositions, and wish nothing more ardently than to do for their happiness whatever these dispositions may dictate. Want of information, or misinformation, may defeat their first efforts towards this object, but as they advance in obtaining more correct knowledge of their situation, they will be able to establish for them in the end such regulations as will secure their religious, political and civil rights.
As the direction of the militia will be in your hands, I must request you to exercise for me the powers given by the act above mentioned, respecting volunteers, and to arrange them to the best advantage for the prompt and effectual defence of the territory. I salute you with friendship and respect.