Thomas Jefferson Papers
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To Thomas Jefferson from Albert Gallatin, 16 April 1804

From Albert Gallatin

Washington 16th April 1804

Dear Sir

I enclose a correspondence with Mr Merry respecting the mode of collecting duties in Canada, and a letter concerning Commodore Whipple which I presume to be the result of some enquiries on your part.

The subject of the Louisiana intruders is very delicate. The law will not be in force till October; and the first question is whether the Governors or any other inferior authority of Louisiana had, under the Spanish Govt. the power to remove persons settling on the public lands without leave. Without having any positive knowledge of the fact, I take it for granted that they had. If so it seems better to prevent than to exclude. Power might be given & instructions transmitted to remove immediately all those who would settle on public lands after the date of the proclamation to be issued on the subject: the proclamation to give a certain time to all intruders who might have settled between the   Decer. last and the date of the proclamation. With vigilance the officers may be strong enough to drive one by one every person who shall intrude on the land subsequent to the day proclaimed; and perhaps they might fail in an attempt to remove those who were intruders previous to that date. Perhaps some discretion might be given to the officers. If the settlements are on the river, a boat going up and down might be useful. The small force of the United States did actually prevent any settlement on the north of the Ohio, except on lands purchased from Congress from 1783 till 1795. From 1783 till 1786 the Indians were not dangerous and repeated attempts were made to settle. A company was kept going up and down the Ohio from the Pennsylvania line down to Cincinnati: they had to burn every cabin; in some instances though not generally they laid down or burnt the fences: the men generally absconded, and the women & children were taken across the river to the next settlement which usually were just opposite. But it was necessary to repeat the operation; and I know persons whose cabins were burnt & settlement destroyed three times. No blood was shed & the perseverance of the troops gained the point. There is, however, here a greater difficulty. In the case I have mentioned every person found north of the Ohio was an intruder and liable to be removed: now it will be more difficult to discriminate. At all events, I think that a general proclamation from yourself should precede military expulsion: it would certainly have a powerful effect.

Mr Duponceau declines going to Louisiana—Dr. Barnwell will go.

With sincere respect & attachment Your obedient Servt.

Albert Gallatin

RC (DLC); addressed: “The President of the United States”; endorsed by TJ as received from the Treasury Department on 23 Apr. and “Merry on duties on the lakes—Louisa. squatters—Whipple” and so recorded in SJL. Enclosure: Gallatin to Anthony Merry, Washington, 5 Apr., transmitting his observations on the complaint of Forsyth, Richardson & Co. of Montreal that collectors in the “Northern Districts” of the United States are charging higher duties on European goods imported from Canada in violation of the third article of the Jay Treaty; Gallatin states that the practice of the collectors is in conformity with the collection law regarding the calculation of ad valorem rates of duty and that it is a mistake to suppose that the Jay Treaty obliges collectors “to affix on the same goods, the same value, as well as the same rate of duty on that value”; Gallatin deems this rule “just & necessary” and points out that, under this means of ascertaining value, merchandise brought from England to Montreal would pay the same amount of duty whether imported from thence into Vermont by inland navigation or into one of the Atlantic ports by sea (Gallatin, Papers description begins Carl E. Prince and Helene E. Fineman, eds., The Papers of Albert Gallatin, microfilm edition in 46 reels, Philadelphia, 1969, and Supplement, Barbara B. Oberg, ed., reels 47-51, Wilmington, Del., 1985 description ends , 9:459-61). Other enclosure not found.

barnwell will go: Gallatin wrote to Hore Browse Trist on 14 Apr., informing him of William Barnwell’s appointment as director of the marine hospital at New Orleans. Barnwell was to receive an annual salary of $1,000 and would depart from Philadelphia “shortly.” He arrived at New Orleans by early August, but illness prevented him from immediately commencing his duties (Gallatin to Trist, 14 Apr. 1804, William Brown to Gallatin, 1 Sep. 1804, in DNA: RG 56, Correspondence of Secretary of Treasury with Collectors of Customs, New Orleans).

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