To Thomas Jefferson from Albert Gallatin, 2 July 1804
From Albert Gallatin
July 2d 1804
Dear Sir
I have read with great attention Mr Lincoln’s opinion: it is ingenious and may be solid; but I am very confident that we will be defeated if we attempt to bring the subject before a court; that, however, may not be a reason sufficient to prevent your doing what is thought right. The act itself is scandalous and dangerous to the peace of the nation: if not legally criminal, it certainly ought to be made so.
Receiving no answer from Mr Muhlenberg on the subject of binding masters of armed vessels to their good behaviour &c., I gave him a private hint; to which, in a private letter he answers “I shall pay strict attention to the way you have pointed out to bring the business before the district judge, in case any vessel should by her arming give cause of suspicion that she might be employed in acts of hostility, contrary to the laws of the U. States. The district attorney has furnished me with the forms necessary to conduct the business.” It appears therefore that no case has, since my letter, occurred on which to try the question: and the question now arises whether, without waiting for a decision there, similar instructions shall be made circular to the several collectors.
The Spanish minister has made an application on the subject of the vessel at Norfolk. As we will have hundred vessels which will put in distress in Spanish ports for one Spanish here, it is certainly our interest to give to the treaty the most liberal construction which in your opinion is the only correct one. I have drawn the sketch of an answer which is enclosed and submitted. I do not know how far it may be proper for me1 to use your name or to speak of Congress to a foreign minister.
Gen. Wilkinson informed me that Cap. Schuyler having resided three years at Fort Stoddart had, on account of the unhealthiness of the situation asked and obtained a removal to another place. I, therefore, detained the commission which was yet in the Comptroller’s office. The question recurs whom to appoint? G. Wilkinson recommends a Lieut. Edmund Penddleton Gaines now in the city & who is ordered to repair to that Fort, not, however, as the commanding officer.
Two recommendations for New Bedford and Marietta are enclosed: in respect to the last, it will be best to wait until we hear from the other republicans there; the death of G. Greene has not been officially announced to the department. Of the propriety of removing Mr Pope I am no judge; but consider the Massachussets & other N.E. federalists as such enragés and so incorrigible & hostile to Government and to the Union that so far as my own opinion may have been against removals, it has, in respect to that part of the Union, undergone a compleat revolution; and I consider it as a mere question of policy—
Respectfully Your obedt. Servt.
Albert Gallatin
RC (DLC); at foot of text: “The President of the United States”; endorsed by TJ as received from the Treasury Department on 2 July and “Presidt. insurce. N.Y.—armd vessels—Span. vessel Gaines Collectr. Fort Stoddert—Greene—Chaddock” and so recorded in SJL. Enclosures: (1) Probably a draft of Gallatin to Carlos Martínez de Irujo, 30 June, informing the Spanish minister that the owners of the Nuestra Señora de la Merced, alias Nancy, will have to post bond on the cargo, but that he will instruct the collector at Norfolk “not to press their payment,” in expectation that Congress will consider the matter at its next session (Tr in ViHi: Papers of the Spanish Consulate in Norfolk, 1795-1846). (2) Eli Haskell to Gallatin, 20 June, recommending the removal of the current collector at New Bedford and appointing the Reverend Calvin Chaddock in his place; Haskell encloses a petition to Gallatin, dated 3 June and signed by Nathan Willis, Albert Smith, John Tinkham, Caleb Briggs, John D. Dunbar, and James Warren, Jr., stating that the New Bedford collectorship has been used to support the Federalists and the current collector is a “high party man”; they recommend Chaddock for the office; with memorandum by Gallatin on Haskell’s letter: “I presume that Gen. Dearborne & Mr Lincoln may give information respecting the character of the petitioners &c. I know but one vizt. A. Smith son of the republican member of Congress who died of the small pox two years ago. The son is a man of sense, who furnished us with proofs of the misconduct of Watson the collector of Plymouth. He was last spring candidate for the State Senate, and is now, I am told, the republican candidate for Congress—AG. Pope is married to speculator Greenleaf’s sister; and Greenleaf last winter asked several times whether his brother in law was not in danger” (RCs in DNA: RG 59, LAR; petition of Willis and others endorsed by TJ: “Chaddock Calvin to be Collector for New Bedford v. Pope”). (3) Samuel Sprague to Gallatin, New Bedford, 22 June, recommending Chaddock as a minister, the founder of an academy at Rochester, Massachusetts, a supporter of TJ’s administration, and a “universal friend to mankind”; Sprague identifies himself as the only surviving brother of John Sprague and refers Gallatin to Levi Lincoln for information on his family (RC in same; endorsed by TJ: “Chaddock Calvin to be Collector N. Bedford”). (4) Jared Mansfield to Gallatin, Marietta, 11 June, reporting the death of Griffin Greene, the collector at Marietta, and recommending his son, Philip Greene, as his successor; the “principal men of the republicans” are absent, otherwise Mansfield would not have written, but he knows that they wish the appointment of Philip Greene due to his character and his attachment to the present administration (RC in same; endorsed by TJ: “Greene Philip to be Collector Marietta. v. Griffin Greene decd.”).
1. Two words interlined.