^ » «^ « * '^' "'^flftir'* ^b •»• • • A ^^^^ '^^r.e^ ^^.♦^ •^Ao^ ^'•^^^ ^^ **T-^ .. •* ^ '-^^ \> a * • , 'oK •.Vb« .0 ^ ^ 1^ I.IFE, WRITINGS, AND OPINIONS OF THOMAS JEFFERSON. ) ^ SKETCHES OF THE LIFE, WRITINGS, AND OPINIONS OF THOMAS JEFFBRSOIV. SELECTIONS OF THE MOST VALUABLE PORTIONS OF HIS TOLUMINOUS AND UNRIVALED PRIVATE CORRESPONDENCE. BY B. L. RAYNER. ■ For I have sworn upon the Altar of God, eternal hostility against every form of tyranny over the mind of man." — Priv, Corres. NEW YORK: PUBLISHED BY A. FRANCIS AND W. BOARDMAN. 1832. District of Connecticut, to wit : Be IT REMEMBERED, That On the twelfth day of June, Anno Domini 1831, Alfred Francis and William Boardman, of the said district, have deposited in '^this office the title of a book, the title of which is in the words following, to wit : " Sketches of the Life, Writings, and Opinions of Thomas Jefferson ; with Se- lections of the most valuable portions of his voluminous and unrivalled Private Correspondence. By B. L.Rayner. 'For I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man.' — P. Carry The right whereof they claim as proprietors m conformity with an act of Gon- jrress, entitled " An act to amend the several acts respecting copy rights." CHARLES A. INGERSOLL, \ Clerk of the District of ConnecHcul. -Page 34, fifth line from the top, for ' 1769' read 1765. 372, ninth Ime from botttom, for ' thirty-six' read sixteen. 397, third line from top, for ' Jay' read Marshal. (Note.— Owing to the extension of the volume about 50 pages beyond what /as contemplated, the Appendix is necessarily omitted. i^^io^ PREFACE. ^5; The iiiaterials for this volume are principally derived from the posthumous works of Mr. Jefferson himself, lately published by his grandson, Thomas Jefferson Randolph. These vv^orks were re- ceived with extraordinary approbation by one great portion of the iiublic, as was the case, indeed, with every thing that ever came from that remarkable man ; and by another considerable portion, M'ith a corresponding degree of dissatisfaction, always to be expect- ed from the well known opinions of the Author on certain funda- mental points of principle, and the strongly marked division of pub- lic sentiment on those points. These works extend through four large octavo volumes, of about 500 pages each ; nearly the whole of which is occupied with the Cor- respondence of the Author, public and private. In the first volume is an auto-memoir of about ninety pages, exhibiting a brief outhne of the first forty-seven years only of the Author's life, and termina- ting, unfortunately, at the precise epoch when his history began to assume the highest importance. It appears in the rough form of ' memoranda and recollections of dates and facts,' taken simply as lie states, 'for his own more ready reference, and for the information of his family.' Besides containing many interesting notices of his personal and family history, the Memoir is enriched by many im- portant particulars relating to the origin and early stages of the Revolution, and the establishment of the Republic ; by the Debates in Congress on the great question of Independence, with the histor- ical circumstances attending the preparation and adoption oi that memorable instrument ; "and by a narrative, interspersed with sage political reflections, of the causes and early course of ile FreiicJi Revolution, as exhibited to the observation of the Author, during" his diplomatic residence at Paris. This portion of the wort derives ])eculiar value from the circumstance of its containing theVirstdis-. closure to the world, in an authentic form, of the Debates on the memorable occasion of Independence, and from the probablity, or rather certainty, that a like knowledge of them is not to be expect- ed from any other source. Appended to the Memoir, or withh the body of it. are a variety of ancient productions of Mr. Jeffeison. which will be new to most readers. Among them are, a pij.per drawn up in 1774, as instructions to the Delegates in Congress mm Virginia, being the first formal enunciation of the political doctriVs » PREFACE. of the Revolution — A Penal Code, being part of a Revised Code of Laws executed by himself and others, in 1776, with reference to the humane principles of a Republican form of government — An his- torical account of the overthrow of the Church establishment in Vir- ginia, always considered by the Author as one of his best efforts in the cause of Liberty — And an elaborate paper, drafted in 1 784, on the establishment of a uniform system of Coinage and Currency, which laid the foundation of the present system in the United States. At the end of the fourth Volume are about eighty pages of what are quaintly denominated Anas ; being Notes of Conversations held with President Washington, Mr. Adams, General Hamilton, and others, while he was Secretary of State, or Vice President ; and Memoranda of Cabinet Councils, committed to paper on the spot, and filed : the whole "combining to show the views and tendencies of parties, from the year 1790 to 1800, and preserved for the purpose of furnishing " their testimony against the only history of that pe- riod which pretends to have been compiled from authentic and un- pubhshed documents." The remainder of the four volumes consists entirely of tiie (.'or- respondence of the Author, chiefly private and coafidential, from the year 1775 to his death. During the greater portion of his life, Mr. Jeuerson wrote with a polygraph or copying press, which ena- bled him to preserve with ease a regular file of his letters from year to year. These letters are addressed to a great variety of individ- uals in this, and in foreign countries. They comprise an immense range of information, and in many instances, regular Essays on subjects of History, Politics, Science, Morals, and Religion. Taken all in all, this posthumous work is the richest auto-bio- graphical deposite, and one of the most important publications ever presented to the world. Viewed in the light of Political History, Philosophy and Literature, it abounds with relations of momentous import, with reflections of consunmiate wisdom and profound obser- vation, conveyed in a style of unrivalled felicity and pov/er : and it supplies the record of many important transactions connected witli our government, of which no authentic memorials had been pre- served. But it is in the light of a private revelation, pushing its fearless disclosures into the inmost recesses of the mind and charac- ter of theman, that its most distinguishing excellence consists. We have hee the ungarbled contents of the Cabinet of the Author, graduaiy accumulating through an era among the most momentous in the amals of the world, and of which himself was a principal actor, hcessantly placed in the most trying situations which it af- fordet'. This vast collection of letters, compiled from the unrevised maniscripts of the Writer, thrown ofl'" on the spur of the occasion. in tie freedom of unrestrained confidence, and spreading over a peri«d of fift}'^ years, have opened the folding-doors to tiie cliaracter of Hr. Jefferson, and introduced us into the sanctuary of his most secret meditations. They derive essential importance from the fact PREFACE. \i tiuii at the time they were written, the Author had no conception of their ever being made pubUc. On this point we have the au- thority of tlie Editor, who states in his Preface, that " the historical parts of the Letters, and the entire publication, have the rare value of coming from one of the chief actors himself, and of being writ- ten not for the public eye, but in the freedom and confidence of private friendship.'"' It would undoubtedly be a hnppy circumstance for this country, and for the mass of mankind, besides serving, if possible, to enhance the reputation of the revered Author, if these works could obtain a circulation which should place them in the hands of every indi- vidual ; for if any thing could give stability to those principles; which form alike the basis of his renown, and the elements of the splendid structure of free government which he was chiefly instru- mental in establishing, it would be such an extensive dissemination of his Writings. Unfortunately, however, the form in which they have appeared, is not the most advantageous to the accomplishment of this desirable purpose. The publication is too voluminous, and consequently too expensive, to admit of a general introduction among all classes ; nor is the mode of arrangement the best adapted 10 its reception into ordinary use as a work of reference. These considerations have suggested the plan of the present un- dertaking, which aspires to no liiglier claims than that of an ana- lytic, and, it is hoped, a well assorted generalization of the original publication. It has been the leading object of the compilation, to condense the most valuable substance of the four, within the com- pass of one volume, and to supply what are presumed to be essen- tiid wants of the former, by interweaving a connected narrative of ;.he Author's Life, by systematizing the contents as much as possi- i>le, and furnishing the whole with a definite and copious Index. All the great political papers of Mr. Jetierson, contained in the ori- ginal works, have been copied into this, or their substance faithfully stated ; and many others, not therein contained, have been procured from other sources, and likewise introduced. Among the latter, are the Answer of Congress to the 'Conciliatory Pioposition' of Lord North ; the celebrated bill for the establishment of Religious Free- dom ; and the first Inaugural Address of the Author, on his eleva- tion to the Presidency — inserted at length ; an analysis of his Re- ports, while Secretary of State, on Coins, Weights and Measures, on the Fisheries, and on Commerce and Navigation ; the Pre- ambles to the bills for Abolishing the law of Entails, for the Gen- eral Diffusion of Knowledge, and other organic acts of the Virginia Legislature, at the establishment of the lepublican form of govern- ment ; and extracts of the most interesting portions of his ' Notes on Virginia.' The Selections from the Pi'ivate Correspondence of Mr. Jefferson, are extensive, and dispersed through the volume, with reference to the topic under consideration, more than to the order of time. Thev 2 10 PREFACE. will probably be found the most interesting portions of the volume. In making the quotations from this department, it has been the object to bring the greatest quantity of useful matter within the smallest space. Parts of letters, therefore, are usually introduced, — rarely the whole of any one, — sufficient to give the full sense of the Writer on any required point, and avoiding all extraneous observa- tions. The historical and biographical portions of the work have al- so been derived, in great part, from this pregnant source. In some cases the very language of the Author has been adopted, without invariably noting it with the usual mark of credit. In all such cases, however, the style or the sentiment will be sufiiciently distin- guishable to place it where it belongs. Some parts of the narrative riiay appear overwrought with eulogy, to some minds — not so much because the subject does not deserve it, as because it was inlinitely above the attempt. It is a difficult matter to commemorate the deeds of so distinguished a benefactor of the human race, without yield- ing in some degree to the influence of a passion which they arc so justly calculated to inspire : and the writer does not scruple to ad- mit, that he has less endeavored to restrain his own grateful feelings. than to infuse the same into the minds of his readers. The character of Tpioma.s Jefferson should be held up to all succeeding generations of American people, as the model on which they should habitually fix their eyes, and fashion their own charac- ters and principles. His unparalleled achievenaents and sacrifices iov their benefit, with the pre-eminent success, and the blissful close of his life, should be continually spread before them, as incitements to run the same virtuous and glorious career of action. His Wri- tings should enlighten the fireside of every citizen of this Republic, and form the text-book of the American statesman. His pure fame sliould be religiously cherished by his countrymen, as a most pre- (ious inheritance to them, and as meriting from man universally an everlasting remembrance. If the present volume shall have been instrumental in promoting these objects, it will have fulfilled its des- tiny. CONTENTS. CHAPTER I. Nativity of Mr. Jefferson. Peculiarity in tiie concealment of iiis birth-day — Curiosity felt to ascertain it— Motives of his conduct in this particular— Keply to the city authorities of Washington— To Levi Lincoln, pp. 17 : 18. Genealo- gy of Mr. Jefferson - Peculiarity by which it was marked — Prominency of the feature in Thomas. Anecdote related by Mr. Madison. Anliquily of his mater- nal nedigree. Character of his father — E.xtent of his jiatrimony. His early education — Critical position of his boy-hood — His juvenile mind and habits -^Fondness for the classics — For what qualities distinguished in College — Passion for certain Sciences and Fine \rts, pp. 18:20. Circumstances which decided the particular direction of his life. His character of Dr. Small — Of George VVyihe. Commences the study of Law — E.xlent of his researciies. His fervid desciiption of the speech of Patrick Henry against the Stamp-act — Influence of that scene upon his subsequent career. Mottoes of his Seals, pp. 22 : 27. Enquiry into the relative birth of individual opinions on the question of American Indeoendence — Remark of Mr. Jefferson upon this point. Notice of liis claims to the distinction of giving dircclion and permanency to tlie moral power of the Revolution — His sarcastic compliment to Vlassacliusetts upon this point — The idea pursued in a letter to General Deaiborn. Enters the Practice of the Law — Professional celebrity. Qualifications us an Advocate — As a Pop- ular Orator. Letter to Major John Cartwright of England, disjjlaying l!ie depth and precision of his legal preparation — Interest excited on the publication of this letter — Answer to E. Everett upon the subject, pp. 27 : 33. CHAPTER n. Mr. Jefferson comes of age. Elected to the Legislature. His first effort in that body t"or the Emanci|)ation of Slaves — Overwhelminir defeat of the measure — Remarks on the singular merits of the proposition. Extract from his Notes on Virginia, on Slaver^'. Progress of the Revolution. System of Non-inter- course adopted by the Colonies — Agency of Mr. Jefferson in bringing Virginia into the meayure — Its utility as an engine of coercion. R,etaliatory resolutions of the British Parliament. Counter resolutions brought forward by Mr. Jeffer- son. Germ of the American Union. Sudden dissolution of the Legislature. Jefferson and others rally a private meeting of the members at the Raleigh tavern — Its spirited doings. Influence of the revolutionary proceedings in Vir- ginia, pp. 34: 40. Apathy of the Colonists — How viewed by Mr. Jefferson — He devises measures for arousing them to a sense of their situation. Meeting of the bolder spirits, to set the machinery in motion — Influence of this conclave upon the course of the Revolution. Committees of Correspondence established — Agency of this measure in begetting a General Congress — Strong present! • ment Df Mr. Jefferson of the result of their deliberations. Interesting debut of Mr. Carr in the Legislature — Mr. Jefferson's character of him. Legislature again dissolved, pp. 41 : 45. Parallel Committees of Correspondence appointed by the other Colonies — Moral agency of this institution in the Pievolution. News of the Boston Port Bill. Popular effervescence. Measures set in motion by Mr. Jefferson. Holds another council with his former confederates, Appointment of a general Fast in Virginia — .Mr. Jefferson's account of his draft of the proclama- tion — Effect of this measure throughout the Colonies. Legislature again dis- solved. Spirited Association entered into by the members. Recommendation of a General Congress, pp. 46 : 53. CHAPTER HI. The other Colonies unite in the measure of a General Congress. First demo- cratic Convention in Virginia. Mr. Jefferson elected a member. Instructions proposed by him for the <.;ongressional Delegates — Published by the Convention under the title of ' Summary View of the Rights of British America' — Effect of this work in England — Re published by the Whigs in Parliament— Bill of At- tainder commenced against the author— Political doctrmes of this v/ork form the text of the Revolution ; inserted at length remarks on the Political merits of the work. The Convention virtually assumes the government of the colony. 12 CONTENTS. pp. 54:72. Second Virginia Convention. Mr. Jefferson loses all iiopo of a ic- conciliation with the mother country. Inequality of sentiment in the Conven- tion. Grounds taken by Mr. Jetf;rson. Rosoluiwn for puttin><- the Colony into a state of warlike defcnce--Its effect upon the older members —Reasons of their backwardness as stated by vir. Jeffjrson— Violent debates ensue —Conduct of the opposition on its passa'je. Mr. Jefferson elected a Delegate to Congress, He deterinmes on tiie pamful necessity of deciding the contest by the sword, pp. 72 : 78. Letter of Mr. J. to Dr. Small, in England. The regal Legislature of Virginia meets. Conciliatory Proposition of Lord North laid before them— Mr. Jefferson designated to prepare the answer-- Opposition lo his diaught--- Character of the document. Flight of the royal Governor. Effect of the pro- ceedings in Virginia upon the general cause. Fall of the monarchical power in that province. Extract from VVilkes' speech in the British Parliament, pp. 78 : 84- CHAPTER IV. Mr. Jefferson takes his seat in the Continental Coiigres.«;— His emotions--- Curiostiy of members on his appearance. Political influence of the decisions of that body. Mr. Jcffetson appointed on the committee to prepare a Declaration of the Causes of taking up arms -Character of the document. Curious remin- iscence related by Mr. Jefferson. Disparity of sentiment in Cunoress. Opinions of Mr. Jefferson. Extract from the VVar vlanifeslo, pp. 84:iiP,. Mr. Jefferson desio-nated to prepare an answer of Congress to Ijord North's Conciliatory Prop- osition---Tlie document. His letters to a gentleman in England. Re-elected to Cono-iess. His agency in the princi|)al movements in Virginia while in Concrress. His draught of a Preamble, Declaration of Rights, and Constitu- tion for that State. Reasons why they were not adopted entire. His opinion on the Constitution as adopted, and on popular government in general, at this epoch, pp. 89 : 100. Virgmia instructs her Delegates in Congre.'ss to declare In- dependence- -Causes of the rapid proclivity of the public mind to the same sen- timent. Preparatory steps of Congress lor declaring Independence. Mr. Jef- ferson appointed to prepare an animaled Address. Introductory motion of In- dependence — Poweiful resistance to the measure — Heads of debate on the mo- tion. Committee appointed to prepare a Declaration of Independence — Mr. Jef- ferson designated lo make the draught— His report, pp. 100: 107. Debates re- newed on the preliminary motion. Vehement opposition to the Declaration--- Parts striken out. The original instrument, with the alterations. Reception of the Declaration by the people— Its immediate -aXiA ulterior influences in the world— Review of its merits. E.vtracts from Ib.e writings of Mr. Jefferson. Comparative merits of the leaders of the physical and the moral power of the Revolution. Remarks on the attempt to detract from the merits of the Decla- ration-— Letter of the Author to Mr. Madison, pp. 107 : 128. Mr. Jefferson re- elected to Congress— -Reasons for declining-- Retirement. Appointed Commis- sioner lo France-- Letter to Congress declining. Extract from his private me- moranda, pp. 128: 132. CHAPTER V. Mr. Jefferson resumes his Seat in the Virginia Legislature— -Commences the work of repuhlicanizing the government. His bill for establishing a Judiciary System— For abolishino- the Law of Enta'ls. Aristocratic peculiarities in the social state of Virginia— Contrary bi-asg«s of Mr. Jefferson. His eulogium upon agriculturalists. View of his objects m repealing the law of Entails. Opposi- tion of the landed aristocracy. Preamble to the act, pp. 133: 137. His attack upon the hierarchy. History of the Church establishment in Virginia. Resis- tance of the privileged order. Final success of his efforts — Glories of this achievement. He introduces a bill for abolishing the Slave trade — For establish- ing a new Seat of government, pp. 138 : 144. He introduces a resolution for Re- vising the Legal Code of Virginia— Appointed, with others, to execute the work. Project for a Dictator — P^esistance of Mr. Jefferson— His powerful development of this atrocious measure, pp. 145 : 148. Meeting of the Revisers of the Laws- Plan of the work--Differcnce of opinion— Distribution of the labor— -General propositions of Mr. Jeffurson— Opinion of Mr. Pendleton. Letter of Mr. J. to Dr. Franklin. Passage of his bill for abolishing the Slave trallick--Historical comparison of this achievement with that of the European nations — Merit of priority-"Order in which the example of Virginia was followed by the other CONTENTS. 13 States. Committee of Re visors complete their task — General rule observed by Mr. Jefferson in relation to style, pp. 148 : 155. CHAPTER VI. Revisors report to the Legislature — Opinion of Mr. Madison on the Revised Code— -Principal innovations by Mr. .T.— llis bill for abrnirating the right of Primogeniiare— -Opposition of the aristocracy. His bill for establishing the doctrine of E-/Cnatriation. Extract from Gjrardin's History. Mr. Jefferson's bill for the cstabhsjimont of Religious Freedom -Men :.s of the peiTormance- — Inserted at length-— Powerful influence of tliis act. Extracts from iiis Corres- pondence, pp. 155 : 162. His bill for the Em;uicipatio • of Slaves-- Effect of its rejection upon him— Extracts from his writmgs. His Criminal Code— -Extent of its innovations on the prevailing system— Rejected by the Legislature— Amend- ments proposed by him— Passed— -Preamble to the act. His Bill for the Gen- eral Diffusion of iCnowle-Jge— Outlines of the proposed system-- Fate of the Bill in the Lcg-islature. Extract from Notes on Virginia. Pieamble to tl'.e Ed- ucation Bill— -Value set by the author upon his system. Extract from his Cor- respondence. Remarks on the general merits of the Revised Code. His char- acter of George Mason— of James .Madison— of Edmund Pendleton, pp. 162: 17o. Removal of Burgoyne's troops to Charlottesville---Huicane attentions of Mr. Jefferson— -The Governor and Council meditate their reiiioval from the State-— ■ Remonstrance of Mr. Jefferson-— Gratitude of the soldiers for his generous in- terposition---His answers to some of the officers, pp. 178 : 18b. CHAPTER VIT. Mr. Jefferson elected Governor--- Vlagnanimity towards his competitor. He institutes retaliatory measures on Briiisli prisoners — Remonstrance of the British General---His reply— -Approbation of his conduct b)^ the Commander in Chief. Specimen of his early State-papers. Effect of his polit / upon tiie enemy --His appea,! to American captives, suffering under the first c:rocts of his policy. His measures for extending tiie western establishments of Vi ginia---Success. Vir- ginia cedes her unappropriated territory to the U. States— Effect of this measure, pp. 185 : 19&. Re-elected Governor. Distressing situaliiii of V rginia. Extra- ordinary pov/ers conferred on the Gover.ior. Invasion of the Stale under Gen. Leslie. Measures of defence. Honoraljle conduct of the enemy. Invasion un- der Arnold. Capture of the Metiopolis. Intrepidity of tin- Governor — Attempt to seize Arnold. Deplorable pituation of Virginia. Bril:3h re inforrement un- der Philips. Exposure of the Governor. Invasion of Virginia by Cornwallis. Governor's appeal to the Commander in chief for aid. Mr. Jefferson deehnes a re-election. Closing events of liis administration. Attempted impeachment of his character. Approbatory resolution of iho Legislature. Tarlton's attack on Monticello. Stf-y of Carter's Mountain. Narrow escape of Mr. Jefferson. His description of Co nwallis's invasion, pp. 196:208. Writes his Notes on Virginia. Outlines and general incnts of the work.— His" comparison of American gen- ius with that of Europe — Remarks on ihe Constitution of Virginia — on Slave- ry — on Free Inquiry in matters of religion. Ajipointed a Commissioner to ne- gotiate peace — Reasons for drclining. His pursuits in retirement. Description of him by a traveller. Again afipointed Commissioner — Acceptance — Reasons for not joining in the act of pacification, pp. 209 :223. CHAPTER VIII. Re-elected to Congress — Remarks on liis re-appearance. Washington's re- signation of the command of the army — Description of tlie ceremony. Appoint- ed chairman of tlie committee on the ratification of tiie treaty of Peace — De- bates. Contentious character of Congress described by him — Reconciling meas- ure, pp. 224: 229. Appointed to draught a system of Uniform Currency for the United States, and establish a Money Unit — Difference of views between him and the Financier— -Adoption of liis plan — Its merits. Magnitude of his Congressional duties. Appointed chairman of a committee to revise tht treas- ury Department, and report — of Finance, and report — lo draught a Plan of Gov- ernment tot the Western Territories, and report. On a committee of retrench- ^<=^t — of locating and disposing tiie Western lands. Measur(;s taken by Con- gress loi investing the General Govcrnrntui ^yith exclusive power to regulate 11 CONTENTS. Commerce— Report of the committee, pp. 229 : 232. He submits a proposition for appointing a ' Committee of the States,' to serve during the recesses of Con- gress — Subsequent failure of the sclieitie; humorous anecdote of Doctor Frank- lin. General Wasiiington consults him on the Cincinnati institution — Its origin — His opinions — Advice to Washington, who takes nieasuies to abolish the order. Appointed Minister Plenipotentiary, with Franklin and Adams, for negotiating treaties of commerce. To whom treaties were to be proposed, pp. 23;^: 239. CHAPTER IX. Accepts the appointment of Minister to flurope — Sails— Arrival in France, Curiosity excited in the Diplomatic corps at Paris, by the instructions given to our negotiators. Autliorship of these instructions- -His letter on the subject. Mr. Adams joins his colleagues at Paris. General form of treaty. Result of the conference with tlio French Minister. Final result of their propositions to the several Powers of Europe Dignified conduct of the American negotiators, pp. 240: 243. Appointed Resident Mir.ister at the Court of Vers.iilles — Recep- tion at that court. Visit to London — Reception at the Court of St. James. General view of his official duties at Pans. His tribute to La Fayette, and tlie Count do Vergennes. His project to engage the principal European Powers in a perpetual alliance with the U. States against the Piratical States--Letter to Mr. Adams — His proposals-— Their receijtion, and failure, pp. 243:250. His measures for securing tlie foreign credit of the United States---Visit to Holland. E.xtracts, giving his op'nions on the state of society, atible with the stanch dignity and independence of the republican character; the still greater repugnance which he should feel, to seeing the birth-day honors of the Republic transferred, in any d(>- gree, to any individual ; and the paramount importance over all, of suppressing, at the first blush, every tendency to familiarize the moral sense of freemen to thfe artificial forms and ceremonies ol" royalty. He thought he discovered in the birth-day celebrations of particular persons, a germ of aristocratical distinction, which it was incumbent upon all such persons, by a timely concert of example, to crush in the bud. Soon after his inauguration in 1801, he was waited on by the Mayor and Corporation of the city of Washing- Ion, with the request that he v,^ould communicate the anniversary of his birth, as they were desirous of commemorating an event 3 18 LIFE, WRITINGS, AND OPINIONS which had conferred such distinguished excellence upon their coun- try. He replied, in a style of Roman heroism, " The only birth- day which I recognize, is that of my country's liberties." In Au- gust, 1803, he received a similar communication from Levi Lincoln, in behalf of a certain association in Boston, to which he replied : " Disapproving mysel? of transferring the honors and veneration for the great birth-day oi our Repuljlic, to any individual, or of di- viding them with individuals, I have declined letting my own birth- day be known, and have '^.ngaged my family not to communicate it. This has been the uniform answer to every application of the kind.'' On the paternal side, Mr. Jefferson could number no titles to high or ancient lineage. His ai^,estors, however, as far back as they can be traced, were of solid refejectability, and among the first settlers of Virginia. They emigrated to this country from Wales, and from near the mountain of Snowion, the highest in Great- Britain. His grand-father was the first of v]^on\ we have any par- ticular information. He lived in Chesterfien county, at the place called Ozborne's, and ovimed the lands, afterwa^g ([^q glebe of the parish. He had three sons ; Thomas, who diti young ; Field, who resided on the waters of the Roanoke, and lei numerous de- r4cendants ; and Peter, the father of the subject of tk^e Memoirs, who settled in Albemarle county, on the lands called '^hadwell. He was the third or fourth settler in that region of the country. They were all gentlemen of property and influence in the Coi-any. But the chief glory of Mr. Jefferson's genealogy was the stui^ly contempt of hereditary honors and distinctions, with which thc- whole race was imbued. At a period when birth was the principal cir- cumstance which decided rank, such a raciness and unsophisticated tone of character, in an influential family, whose wealth alone was suf- ficient to identify them with the aristocracy, could not but be regard- ed as a novel and decisive peculiarity. It was a strong genealogical feature, pervadmg all the branches of the primitive stock, and form- ing a remarkable head and concentration in the individual who was destined to confer immortality upon the name. With him, indeed, if there was any one sentiment which predominated in early life, and which lost none of its rightful ascendency through a long ca- reer of enlightened and philanthropic effort, it was that of the nat- ural equality of all men, in their rights and wants ; and of the noth- ingness of those pretensions which 'are gained without merit and OF THOMAS JEFFERSON. 19 forfeited without crime.' The boldness with which, on his first entrance into manhood, he attacked and overthrew the deep rooted institutions of Primogeniture and Entails, the parent sources of those artificial inequalities in society which have caused so much misery and oppression in the world, is an indestructible commentary upon this attribute of his character. An anecdote is related by Mr. Mad- ison, which is no less apposite and striking. During the infant stages of our separate sovreignty, the wheels of the republican ma- chine moving rather tardily and awkward, forms of government were the uppermost topics every where, more especially at the con- vivial board. On one of these occasions, at which Mr. Jefferson was present, the question being started as to the best mode of pro- viding the executive chief, it was, among other opinions, gravely ad- vanced that a hereditary designation was preferable to any elective process that could be devised. At the close of an eloquent effiision against the agitations and animosities of a popular choice, and in favor of birth, as on the whole affording a better chance for a suit- able head of the government, Mr. Jefferson, with a smile, remark- ed, that he had heard of a University somewhere in which the_ Professorship of Mathematics tvas hereditary ! The reply, re ceived with acclamation, was a coup de grace to the anti-republi- can orator. His father, Peter Jefferson, was born February 29th, 1707-8; and intermarried in 1739, with Jane Randolph, of the age of 19, daughter of Isham Randolph, one of the seven sons of that name and family, settled at Dungeoness, in Goochland county, who trace their pedigree far back in England and Scotland ; " to which" says Mr. Jefferson, " let every one ascribe the faith and merit he chooses." He was a self-educated man ; but endowed by nature, with strong intellectual powers, and a constant thirst for in- formation, he rose steadily by his own exertions, and acquired con siderable distinction in the Colony. He was commissioned, jointly with Joshua Fry, professor of mathematics in William and Mary College, to designate the boundary line between Virginia and North- Carolina ; and was afterwards employed, with the same gentleman, to construct the first regular map of Virginia. He died August 17, 1757 leavino" a widow, with six daughters, and two sons, of whoni Thomas was the elder. To both the sons he left large estates ; to Thomas the Shadwell lands, where he was born, and which inclu- 20 LIFE, WRITINGS, AND OPINIONS Jed Monticello ; to his brother the estate on James river, called Snowden, after the reputed jjirth-place of the family. The mother of Mr. Jefferson survived to the fortunate year of 1776, the most memorable epoch, ahke in the annals of her country, and the life of her son. At the age of five, Thomas was placed by his father at the English school, where he continued four years ; at the expiration of which, he was transferred to the Latin, where he remained five years, under the tviition of Mr. Douglass, a clergyman from Scotland. With the rudiments of the Latin and Greek languages, he acquired, at the same time, a knowledge of the French. At this period his father died, leaving him an orphan, only fourteen years of age, and without a relative or friend competent to direct or advise him. An interesting reminiscence of this critical period of his boyhootl, and of the simple moral process by which he subdued, and wrought into instruments of the greatest good, the perilous circumstances of his position, is contained in an affectionate letter, written more than fifty .years afterwards, to his grandson, in Philadelphia. It is re- plete with sound admonition, applicable to every condition of youth, besides affording a choice insight into the juvenile mind and habits of the writer. His tastes were not so etherial, it appears, as to ex- clude him altogether from the wild and boisterous joys of the chase, and the turf ; but the basis of his moral composition must havt- been strongly intellectual, to have reasoned with such precocity of judgment "in the enthusiastic moment of the death of a fox ;" and to have caught the first impulses of a future ambition so chastened and elevated, amidst the engrossing transports of " the victory of a favorite horse." " Your situation, thrown at such a distance from us and alone, cannot but give us all great anxieties for you. As much has been secured for you, by yom- particular position and the acquaintance to which you have been recommended, as could be done towards shield- ing you from the dangers which surround you. But thrown on a wide world, among entire strangers, without a friend or guardian to advise, so young, too, and with so little experience of mankind, your dangers are great, and still your safety must rest on yourself. A determination never to do what "is wrong, prudence, and good humour, will go far towards securing to you the estimation of the world. When I recollect that at fourteen years of age, the whole care and direction of myself was thrown on myself entirely, without a relation or friend qualified to advise or guide me, and recollect tlie OF THOMAS JEFFERSON. 21 various sorts of bad company with which I associated from time to time, I am astonished I did not turn off with some of them, and become as worthless to society as they w^ere. I had the good for- tune to become acquainted very early with some characters of very high standing, and to feel the incessant wish that I could ever be- come what they were. Under temptations and difficulties, I would ask myself what would Dr. Small, Mr. Wythe, Peyton Randolph, do in this situation ? What course in it will ensure me their appro- bation 7 I am certain that this mode of deciding on my conduct, tended more to its correctness than any reasoning powers I posses- sed. Knowing the even and dignified line they pursued, I could never doubt for a moment which of two courses would be in char- acter for them. Whereas, seeking the same object through a pro- cess of moral reasoning, and with the jaundiced eye of youth, 1 should often have erred. From the circumstances of my position, I was often thrown into the society of horse-racers, card-players, fox- hunters, scientific and professional men, and of dignified men ; and many a time have I asked myself, in the enthusiastic moment of tlie death of a fox, ^he victory of a favorite horse, the issue of a. fjuestion eloquentlv argued at the bar, or in the great council of the nation, well, wb^ch of these kinds of reputation should I prefer ? That of a hors^-jockey ? a fox-hunter ? an orator '? or the honest ad- vocate of my country's rights? Be assured, my dear Jefferson, tliat these Mtle returns into ourselves, this self-catechising habit, is not trifling, nor useless, but leads to the prudent selection and steady pursuit of what is right." On the death of his father, Mr. Jefferson was placed under the instruction of the Rev. Mr. Maury, father of the late Consul at Liverpool, with a view to complete the necessary classical prepar- ation for college. The charms of ancient learning seized with a quick and powerful fascination upon his heart ; they were remarka- bly congenial to his contemplative spirit, and touched the finest and the sweetest susceptibilities of his nature. They were here unfold- ed to him in all their richness and profusion ; and how deeply he drank at the inspiring fountain, may be inferred from those exhaust- less streams of classic elegance which afterwards flowed from his pen, and those bright flashes of oriental imagery with which his lighter writings abound. With Mr. Maury he continued two years ; and then, (1760,) at the age of seventeen, he entered the college of William and Mary, at which he was graduated, two years after, with the highest honors of the institution. While in college he was more remarked for solidity than spright- liness of intellect. His faculties were so even and well balanced, 3* 22 LIFE, WRITINGS, AND OPINIONS that no particular endowment appeared pre-eminent. His course was not marked by any of those eccentricities which often presage the rise of extraordmary genius ; but by that constancy of pursuit, tliat inflexibility of purpose, that bold spirit of inquiry, and thirst for knowledge, which are the surer prognostics of future greatness. His habits were those of patience and severe application, which, aided by a quick and vigorous apprehension, a talent of close and logical combination, and a retentive memory, laid the foundation sufficiently broad and strong for those extensive acquisitions which he subsequently made. Matliematics was his favorite study, and in that science he particularly excelled ; he nevertheless distinguish- ed himself in all the branches of education embraced in the estab- lished course of his Alma Mater. To his devotion to Philosophy and Science, he united an exquisite taste for the Fine Arts. In those of Architecture, Painting, and Sculpture, he made himself such an adept as to be afterwards accounted one of the best critics of the age. For Music he had an uncommon passion; and his hours of relaxation were passed in exercising his skill upon the Vidin, for which he evinced an early and extravagant predilection. Kjs fondness for the Ancient Classics strengthened continually with hk strength, in- somuch that it is said he scarcely passed a day, in all after life, with- out reading a portion of them. The same remark is applicable, in a more emphatic sense, to his passion for the Matliematics. He be- came so well acquainted with both the great languages of antiqui- tv as to read them with ease ; and so far perfected himself in the French as to become familiar with it, which was of essential service to him on entering the diplomatic field, subsequently assigned to liiui. He could also read and speak the Italian language, and had a competent knowledge of the Spanish. Such too, was his early propensity of prying to the bottom of every thing, that he niade himself master of the Anglo-Saxon, as a root of the English, ai^d '• an element in legal Philology." But it was the acquaintances which he had the good fortune to form, while in college, which probably determined the particular cast and direction of his ambition. These were the first charac- ters in the society of Williamsburg, and in the whole Province ; among whom he has placed on record, the names of three individ- uals who were particularly instrumental in fixing his future des- tinies, distinguishing each according to his appropriate merit in the OF THOMAS JEFFERSON. 2S work: viz. Dr. Small, one of the professors in college, 'who mado him his daily companion ; Gov. Fauquier, ' the ablest man who had ever filled that office, to whose acquaintance and familiar table,' he was admitted ; and George Wythe, ' his faithful and beloved Men- tor in youth, and his most afiectionate friend through Ufe,' Of the kindness and beneficial services of these gentlemen, we find him. at the age of seventy-seven, retaining the most grateful recollections- and improving his last moments, as it were, in dedicating a farewell tribute of filial veneration to the memory of each. " It was" says he "my great good fortune, and what probably fixed the destines of my Ufe, that Dr. Wm. Small, of Scotland, was then professor of mathematics, a man profound in most of the useful branches of science, with a happy talent of communication, correct and gentlemanly manners, and an enlarged and liberal mind. He most happily for me, became soon attached to me, and made me his daily companion when not engaged in the school ; and from hi.s conversation I got my first views of the expansion of science, and of the system of things in which we are placed. Fortunately, the philosophical chair became vacant soon after my arrival at college, and he was appointed to fill it per interim ; and he was the first who ever gave, in that college, regular lectures in Ethics, Rhetoric^ and Belles Lettres." To Governor Fauquier, with whom he was in habits of intimacy. is also ascribed a high character. With the exception of an extrava- gant passion for gaming, he was every thing that could have been wished for l^y Virginia, under the royal government. Generous, lib- eral, elegant in his manners and accompUshments,his example left an impression of refinement and erudition on the colony, which eminent- ly contributed to advance its reputation in the Arts. " With him'' continues Mr. Jefferson, "and at his table. Dr. Small and Mr, Wythe, his amici onmimn horarum, and myself, formed a partie quarree, and to the habitual conversations on these occasions, I owed much instruction." George Wythe, whose name will occur frequently in these Sketches, was emphatically a second father to the young and aspiring Jefferson. He was born about the year 1 727, of respectxi- ble parentage, on the shores of the Chesapeake. His education had been neglected by his parents ; and himself had led an idle and voluptuous life until the age of thirty ; but by an extraordinary eflfort of self-recovery, at that point of time, he overcame both the want and the waste of early advantages, msomuch as to be- 24 LIFE, WRITINGS, AND OPINIONS come the best Latin and Greek scholar in the State. He was one of the foremost of the Virginia patriots during the stormy season of the Revohition ; and siiccessivel)^ one of the highest legal, legisla- tive, and judicial characters which that State has furnished. He was early elected to the House of Delegates, then called the House of Burgesses, and continued in it until transferred to Congress, in 1775. He was one of the signers of the Declaration of Indepen- dence, of which he had, in debate, been an eminent supporter. The same year, he was appointed by the Legislature of Virginia, one of the celebrated committee to Revise the Laws of the State. In 1777, he was chosen Speaker of the House of Delegates; and the same year was appointed Chancellor of the State, an office which he held until his death, in 1806, a period of thirty years. Mr. Jefferson always spoke with enthusiasm of this friend of many years ; and declares it was the act of his life most gratifying to his heart, to contribute what he deemed but a compliment to his "just reputation." '• No man ever left behind liim a character more venerated than George Wythe. His virtue was of the purest tint ; his integrity in flexible, and his justice exact; of warm patriotism, and, devoted as he was to hberty, and the natural and equal rights of man, he might truly be called the Cato of his country, without the avarice of the Roman ; for a more disinterested person never lived. Temperance and legidarity in all his habits, gave him general good health, and his unaffected modesty and suavity of manners endeared hun to every one. He was of easy elocution, his language chaste, method- ical in the arrangement of his matter, learned and logical in the xise of it, and of great urbanity in debate ; not quick of apprehension, but, with a little time, profound in penetration, and sound in con- clusion. In his philosophy he was firm, and neither troubhng, nor perhaps trusting, any one with his religious creed, he left the world to the conclusion, that that religion must be good which could pro- duce a life of exemplary virtue. His stature was of the middle size, well formed and proportioned, and the features of his face were manly, comely, and engaging. Such was George Wythe, the hon- or of his own, and the model of future times." Immediately on leaving college, Mr. Jefferson engaged in the study of the Law, under the direction of Mr. Wythe. Here, it is said, fired by the example of his master, he performed the whole cir- cuit of the Civil and Common Law; exploring every topic with pre- cision, and fathoming every principle to the bottom. Here, also,- he is said to have acquired that unrivaled facility, neatness, and or- OF THOMAS JEFFERSON, 25 der in business, which gave him, in eflect, in every office that he filled, " the hundred hands of Briareus." With such a guide, in a school of such exalted and searching discipline as that of the Law, all the rudiments of intellectual greatness, could not fail of being stirred into action. Aided by the propitious circumstances of the times, they exhibited a rapid and portentous developementinthe man who was destined to humble the pride of hoary legitimacy, and prostrate its artificial scaffolding in the dust. The occasion was not long wanting, which was fitted to evoke the master passion of his nature in bold and prominent relief His faculties were just fledging into manhood ; they had begun to assume their distinctiN-e flight, and to indicate a novel and illimitable range. At this decisive moment an incident occurred, which riveted them to their meditated ^sphere, and kindled the native ardour of his genius into a flame of fire. It was the celebrated speech of Patrick Henry, on the memo- rable resolutions of 176.5, against the Stamp- Act. Yotmg Jefferson was present and listened to the "bold, grand, and overwhelming eloquence" of the orator of natiu'e ; the eflect of which seems never to have lost its sorcery over his mind. More than fifty years after- wards, he reverts to it with all the vividness of the first impression. "He appeared to me," says he, "to speak as Homer Avrote." The resistance to the last resolution was "most bloody ;" liut the genius of Henry rose with the pressure of the occasion, and descended in "one incessant storm of lightning and thunder," upon his opponents. The effect was indeed tremendous ; it stitick even that veteran and dignified assembly aghast. The resolutions were moved by Henry, and seconded by Mr. Johnston, a memljer from the Northern Neck, They were resisted by the Avhole monarchical body of the House of Burgesses, as a matter of course ; and, besides, they were deemed so ill advised in point of time, as to rally in opposition to them all tlie old members, including such men as Peyton Randolph, Wythe, Pendleton, Nicholas, Bland, &c. honest patriots, whose influence in the House, had till then been unbroken. " But," says Jefferson, •' torrents of sublime eloquence from Henry, backed by the solid rea- soning of Johnston, prevailed. The last, however, and strongest resolution, was carried but by a single vote. The deliate on it wag most bloody. I was then but a student, and stood at the door of communication between the house and the lobby during the whole debate and vote ; and I well remember, that, after the numbers, on 2(5 LIFE, WRITINGS, AND OPINIONS the division were told and declared from the Chair, Peyton Ran- dolph, the Attorney-General, came out at the door where I was standing, and said, as he entered the lobby, 'by G-d, I would have given 500 guineas for a single vote : for one vote would have divid- ed the House, and Robinson was in the chair, who he knew would have negatived the resolution.' " It was in the midst of this magniiicent appeal, so electrifying to his impassioned auditor, that Henry is said to have exclaimed, in a voice of thunder, and with the look of a god, " Caesar had his Brutus — -Charles the First his Cromwell — and George the Third — ('Treason,' cried the Speaker — 'treason, treason,' echoed from every part of the House. It was one of those trying moments which is decisive of character. Henry faultered not an instant ; but rising to a loftier attitude, and fixing on the Speaker an eye of the most determined fire, he finished his sentence with the firmest emphasis,) wifly^oro^^ % //ie?V example. If this be treason make the most of it."* " 1 well remember, says Jefferson, "the cry of treason, the pause of Henry at the name of George the Third, and the presence of mind with which he closed hin sentence, and baffled the vociferated charge." The grandeur of that scene, and the triumphant eclat of Henry, made the heart of young Jefferson ache for the propitious moment which should enrol him among the champions of persecuted human- ity. Then was realized that burning vision of his fancy, which, at the age of fourteen, amidst the crowning hilarities of the chase, had pointed his aspirations to the more solid and rational exultation which awaits "the honest advocate of his country's rights." The feeling which such an exhibition would naturally produce in minds of a common mould, would be temporary, partaking more of the nature of animal excitement, and passing off with the occasion which gave it birth. Not so with Jefferson ; the sensations which it excited in him were purely intellectual; it composed his reflective mind into a deep and settled reverie, which the lapse of half a cen- tury had not broken, and in which were elaborated the most mo- mentous theories affecting the freedom and happiness of man. Already his thoughtful spirit sighed over the wronged, the degraded condition of human nature, and panted for the vindication of its long lost rights and liberties. The tone and strength of the mastei- + Wirt's Life of Patrick Henry, page 65. OF THOMAS JEFFERSON. 27 sentiment of his mind, at this early period, are clearly iudicated by those emphatic mottoes which he selected for his seals : " Ab eo lib- ertas, a quo spiritus,^^ and ^^ Resistance to tyrants is obedience to Gorf." These mottoes attracted great attention among his cotempo- raries, and were regarded as prophetic of his destiny. They are well remembered to this day, by the aged inhabitants of Virginia, and associated with the warmest recollections of him, whose pres- ence only is lost from among them. The seals themselves are pre- served, as sacred relics, by the family of Mr. Jefferson ; and accu- rate impressions of them in wax, have been obtained by his particu- lar friends, in various parts of the country, by whom they are cher- ished with religious regard. Various attempts have been made to ascertain the birth of opin ions on the subject of American Independence ; and to fix the pre- cise epoch, and the particular individual, when and with whom the stupendous conception originated. But the enquiry has been attend- ed with no success, except to multiply candidates for the distinction , and is, from the nature of the case, incapable of solution. It is evi- dent that the measure did not result from any deliberate and precon- certed design on the part of one, or any number of individuals ; but from a combination of progressive, adventitious causes, generated, for the most part, in the hot-bed of the British Parliament, and fos- tered and matured by its unyielding obstinacy. It was the slow and legitimate growth of political oppression, assisted, it is true, by the great advance of certain minds beyond the general step of the age. To use the happy phraseology of Mr. Jefferson, " it would be as difficult to say at what moment the Revolution began, and what in- cident set it in motion, as to fix the moment that the embryo becomes an animal, or the act which gives him a beginning." Whether James Otis " breathed into this nation the breath of life," in the capitol of Massachusetts, or Patrick Henry "gave the first impulse to the ball of the Revolution," in the House of Burgesses of Virginia, as has been alternately claimed, and reclaimed against, in a spirit of laudable and patriotic rivalry, by the two great States which have stood forth as the chief competitors for the honor ; or whether Independence "was born" in the breast of a Hancock, a John or Samuel Adams, or a Christopher Gadsden, are questions, which, though they furnish matter for curious and interesting specu- lation, \\all probably never be decided to the satisfaction of all the 28 LIFE, WRITINGS, AND OPINIONS parties. But it is certain that if the subject were examined with re- ference to its bearing upon a Jefferson, and a similar indulgence were allowed in hyperbolism, it might with equal propriety be advanced, tiiat in those pointed and eloquent inscriptions, which he selected in the fire of youth, as the mottoes of his seals, we discover the genn, not merely of emancipated America, but of revolutionary Europe, and of the general amelioration of associated man throughout the world. The Revolution itself was but an inchoate movement, Amer- ica alone considered ; a fGrtiori, it was but the first chapter in the history of the great moral and political regeneration which is ad- vancing over the earth, and to which it gave the primary impulse. The mere political disseverence of the Colonies from the mother country, was but the initiatory process in the grand and fundamen- tal metamorphosis through which they had to pass, in order to derive any essential advantages from the separation ; to Avit, the entire ab- rogation of the regal investiture, and the assumption of free, indepen- dent, self-government. And unless contemplated in the broad light of a contest of principle^ between the advocates of republican and those of kingly government, into which it finally resolved itself, it is of little importance to enquire what incident gave it birth, or who set it in motion. Stopping at the point at which many, who were the boldest at the outset, evidently wished it to stop, and with honest motives, the Revolution would have been nothing more, in effect, than transferring the government to other hands, without putting it into other forms ; and no change would have been wiought in the political condition of the world. It would have been merely a spir- ited and successful rebeUion, or rather a struggle for power, like that which long embroiled the royal races of Plantagenets, Tudors, and Stuarts, terminating, at best, in a limited modification of the old system, and most likely, in its entire adoption, substituting George or John the First, in the room of George the Third. Many a firm breasted champion of the Revolution, proved deficient in metal when brought to the bar of principle. The whig of the first crisis, was transformed into the tory of the second, in many cases, and vice versa. The solution of the problem, as it is usually stated, therefore, if practicable, would afford no certain criterion of the relative advance of the leading minds of that period. But the question becomes a rational one, and assimies a powerful interest, if presented in its OF THOMAS JEFFERSON. 29 proper aspect ; when and with whom originated those eternal rules of political reason and right, which crowned with glory and immortality the American Revolution, and made it one in substance as well as form? To whom belongs the honor of concei\Tng the sublune, creative idea of giving to those detached and chaotic fragments of empire, which formed the nucleus of the American na- tion, not only shape and organization, but a new projectile impulse, to revolve in an untried orbit, under the control of a new equilibrium of forces 7 Viewing the subject under these, its moral phases, it be- comes of some consequence to ascertain the origin and progress of individual opinions. Those of Mr. Jefferson, both as to date and character, will gradually, and in due time, unfold tiiemselves to the reader, in the course of the sequel. Meanwhile, it is difficult to af- firm whether Massachusetts, who has evinced an honorable degree of sensibility upon this topic, will feel most solaced or rebuked by the ■following compliment paid her by Mr. Jefferson, a few years since, .in a letter to Samuel A. Wells. " We wiUingly cedeto her the laud of having been, although not exclusively, the cradle of sound prin- ciples; and if some of us believe she has deflected from them in her course, we retain full confidence in her ultimate return to them." Again, in a letter to General Dearborn, soon after the close of the last war, he apostrophizes her, in a tone of such winning and frater- nal suppUcation, and so much in unison with our position, that we cannot omit introducing it here. " Oh Massachusetts ! how have I lamented the degradation of your apostacy ! Massachusetts, with whom I went with pride in '76, whose vote was my vote on every public question, and whose principles were then the standard of whatever was fiee or fearless. But then she was under the counsels of the two Adamses ; Avhile Strong, her present leader, was promoting petitions for submission to British power and British usurpation. Wliile under her present counsels, she must be contented to be nothing ; as having a vote, indeed, to be counted, but not respected. But should the State, once more, buckle on her republican harness, we shall receive her again as a sister, and recollect her wanderings among the crimes only of the parricide party, which would have basely sold what their fathers so bravely won from the same enemy. Let us look forward, then, to the act of repentance, which, by dismissing her venal traitors, shall be the signal of return to the bosom, and to the principles of her brethren ; and, if her late humiliation can just give her modesty enough to suppose that her southern brethren Are somewhat on a par with her in wisdom, in information, in 4 30 LIFE, WRITINGS, AND OPINIONS patriotism, in bravery, and even in honesty, although not in psahn- singing, she will more justly estimate her own relative momentum in the Union. With her ancient principles, she would really be great, if she did not think herself the whole. 1 should l)e pleased to hear that you go into her councils, and assist in bringing her back to those principles, and to a sober satisfaction with her proportionable share in the direction of our affairs." In 1767, Mr. JefTerson was inducted into the practice of the Law, at the bar of the General Court, under the auspices of his learned ]3receptor and friend, Mr. Wythe. He brought with him into prac- tice, the whole body of ancient and modern jurisprudence, text and commentary, from its rudest monuments in Anglo-Saxon, to its latest depositories in polished vernacular, well systematized in his mind, and ready for use at a moments v/arning. A specimen of his fa- miliarity with the vast phalanx of legal authorities, from Prisot down to Lord Mansfield, will presently appear ; although it was originally intended as a confidential depositc in the bosom of his correspon- dent. But his professional career was brief, and unfavored with any occasion adequate to disclose the immensity of his technical preparation, or the extent of his abihties as an advocate. The out- lireak of the Revolution, which was followed by a general occlusion of the Courts of Justice, trod close upon his introduction to the bar ; and while it closed one important avenue to distinction, ushered him upon a Ijroader and more diversified theatre of action. During the short interval which he spent in his profession, he ac- quired considerable celebrity ; iDut his forensic reputation is so dis- propovtioned to his unusually versatile pre-eminence, as to have oc - casioned the general impression that he was deficient in the requi- site qualifications for a successful practitioner at the bar. That this was not the case, however, we have the authority of a gentleman,* whose opportunities of information, and well known political bias, are a guaranty of the literal accuracy of his statement. "Permit me," says he, "to correct an error which seems to have prevailed. It has been thought that Mr. Jefferson made no figure at the bar: l3Ut the case was far otherwise. There are still extant, in his own fair and neat hand, in the manner of his master, a number of argu- ments which were delivered by him at the bar upon some of the most intricate questions of the law ; which, if they shall ever see + William Wirt. OF THOMAS JEFFERSON, 31 the liglit} will vindicate his claims to the first honors of the profes- sion." Again, we have the authority of the same gentleman upon anoth- er interesting point. It will be new to the reader to learn that Mr. Jefferson was any thing of a popular orator. "It is true," contin- ues the writer, " he was not distinguished in popular debate ; why he was not so, has often been matter of surprise to those who have seen his eloquence on paper, and heard it in conversation. He had all the attributes of the mind, and the heart, and the soul, which are essential to eloquence of the highest order. The only defect- was a imysical one : he wanted volume and compass of voice for a large deliberative assembly; and his voice, from the excess of his sensibility, instead of rising with his feelings and conceptions, sunk imder their pressure, and became gutteral and inarticulate. The consciousness of this infirmity repressed any attempt in a large body, in which he knew he must fail. But his voice was all suffi- cient for the purposes of judicial debate ; and there is no reason to dou])t, that if the services of his country had not called him away so soon from his profession, his fame, as a lawyer, would now have stood upon the same distmguished ground which he confessedly oc- cupies as a statesman, an author, and a scholar." The "arguments," above mentioned, have not yet seen the light ; but a curious fragment exists, in the form of a letter to the celebrated English whig. Major John Cartwright, which displays atone view, the wonderful copiousness of legal research, fertility and promptitude of reference, which he possessed, and brought down with him to the age of eighty-one. This long and learned letter embraces a wide range of historical details, and political informa- tion ; and partakes more of the character of a treatise on the British and American Constitutions, than of an epistolary communication. The part which we quote, contains the detection, through a long lahyrinth of legal authorities, of a fondamental heresy, which, at an early period, through a palpaUe mistranslation of two words, crept into the connnon law, and finally, by a series of cumulative adjudi- cations, became firmly embodied in the text, "I was glad to find in your l.ook a formal contradiction, at length, of the judiciary usurpation of legislative pov/ers ; for such the judg- es have usurped in their repeated decisions, that Christianity is a pa^t of the common law. The proof of the contrary, which you have 32 LIFE, WRITINGS, AND OPINIONS udduced, is iiicoiitioveitible ; to wit, that the common law existed while the Anglo-Saxons were yet Pagans, at a time when they had never yet heard the name of Christ pronounced, or knew that such a character had ever existed. But it may amuse you, to show when, and by what means, they stole this law in upon us. In a case of quare impedit in the Year-book, 34. H. 6. folio 38. (anno 1458,) a question was made, how far the ecclesiastical law was to be respect- ed in a common law court. And Prisot, Chief Justice, gives his opinion in these words. ' A tiel leis qu'ils de seint eglise out en mt cien scripture covient a nous a donner credence ; car ceo common ley sur quels touts manners leis sont fondes. Et auxy. Sir, nous sumus obliges de conustre lour ley de saint eghse : et semblable- ment ils sont obUges de conustre nostre ley. Et, Sir, si poit apperer or a nousque I'evesque ad fait come un ordinary fera en tiel cas. adong nous devons ceo adjuger bon, ou auterment nemy,' &c. See S. C. Fitzh. Abr. du. inip. 89. Bro. Abr. Q.\x. imp. 12. Finch in his first book, c. 3, is the first aflei"wards who quotes this case, and mistakes it thus. 'To such laws of the church as have warrant in Jioly scripture^ our law giveth credence.' And cites Prisot; mis- translating '■ancien scripture,^ into '■holy scripture,'' Whereas Prisot palpably says, 'to such laws as those of holy church have m- ancient icriting^ it is proper for us to give credence ;' to wit, to their ancient written laws. This was in 1613, a century and a half after the dictum of Prisot. Wingate, in 1658, erects this false trans- lation into a maxim of the common law, copying the words of Finch, but citing Prisot. Wing. Max. 3. and Sheppard, title, 'Reli- gion,' in 1675, copies the same mistranslation, qvioting the Y. Bi Finch and Wingate. Hale expresses it in these words ; 'Christian- ity is parcel of the laws of England.' 1 Ventr. 293, 3 Keb. 607. But he quotes no authority. By these echoings and re-echoings from one to another, it had become so established in 1728, that in the case of the King vs. Woolston, 2 Stra. 834, the court would not. suffer it to be debated, whether to write against Christianity was punishable in the temporal court at common law. Wood, therefore, 409, ventures still to vary the phrase and say, that all blasphemy and profaneness are offences by the common law ; and cites 2 Stra. Then Blackstone, in 1763, IV. 59, repeats the words of Hale, that 'Christianity is part of the laws of England,' citing Ventris and Strano-e. And finally. Lord Mansfield, with a little qualification, in Evans's case, in 1767, says, that ' the essential principles of rc: vealed rehgion are part of the common law.' Thus ingulphing Bible, Testament, and all into the common law, without citing any authority. And thus we find this chain of authorities hanging link by link, one upon another, and all ultimately on one and the same hook, and that a mistranslation of the words ' ancien scripture' used by Prisot. Finch quotes Prisot ; Wingate does the same. Sheppard quotes Prisot, Finch and Wingate. Hale cites nobody. OF THOMAS JEFFERSON'. 33 The court, in Woolston's case, cites Hale. Wood cites Woolston's case. Blackstone quotes Woolston's case and Hale. And Lord Mansfield, like Hale, ventures it on his own authority. Here I might defy the best read lawyer to produce another scrip of author- ity for this judiciary forgery ; and I might go on further to show, how some of the Anglo-Saxon priests interpolated in the text ot Alfred's laws, the ^Oth, 21st, 22nd, and 23rd chapters of Exodus, and the 15th of the Acts of the Apostles, from the 23d to the 29th verses. But this would lead my pen and your patience too far: What a conspiracy this, between Church and State." Major Cartwright was so captivated with the contents of this let- ter, that he could not resist the temptation to permit it to go to the press. Its appearance in the newspapers, excited some sensation, and occasioned, in part, a letter from Ed^vard Everett, requesting further information upon the subject. In reply, Mr. Jefferson, after alluding to the publication of his letter, under the circumstances of frankness and freedom in which it ^^'as written, as " an unfair prac- tice," says, it will " draw upon me the host of judges and divines. They may cavil, but cannot refute it. I fear not for the accuracy of any of my quotations. Tlie doctrine might be disproved by many other and different topics of reasoning ; ]>ut having satisfied myself of the origin of the forgery, and found how like a rolling snoAV-ball, it had guthered volume, I leave its fruther pursuit to those who need further proof" " A licence," continues he, "which should permit ^aticien scripture' to be translated ' holij scrijjture' annihi- lates at once all the evidence of language. With such a licence, we might reverse the sixth commandment into ' Thou shalt not omit murder.' It would be the more extraordinary in this case where the mis-translation was to effect the adoption of the Avhole code of the JcAvish and Christian laws in the text of our Statutes." And he adds, " do we allow to our Judges this lumping legisla- tion?" 34 LIFE. WRITINGS, AND OPINIONS V CHAPTER II. Mr. Jefferson came of age in 1764. He had scarcely arrived at his majority, when he was placed in the nomination of Justices for the county in which he lived ; and at the first election following, fx A i was chosen one of its Representatives to the Legislature. tAi '^M^ He took his seat in that body in May, ITGyand distinguished himself at once, by an effort of philanthropy, to which the steady Uberahzation of sixty years has not brought up the tone of public sentiment ; at least, so far as to reconcile the major will to the per- sonal sacrifices which it involves. The moral intrepidity that could prompt him, a new member, and one of the youngest in the House^ to rise from his seat, with the composure of a martyr, and propose, amidst a body of inexorable planters, a bill "fo?- the j)ermissiou. of the Emancipation of Slaves^''' gave an earnest of his future career, too unequivocal to be misunderstood. It was an act of self immolation, worthy the best model of Sparta, or Rome. He was himself a slave holder, and from the immense inheritance to which he had succeeded, probably one of the largest in the House. He knew too, that it was a measure of peculiar ocliuni^ running coun- ter to the strongest interests, and most intractable prejudices of the ruling population ; that it would draw upon him the keenest resent- ments of the wealthy and the great, who alone held the keys of honor and preferment at home, besides banishing forever, all hope of a favorable consideration with the government. In return for this array of sacrifices, he saw nothing await him but the satisfac- tion of an approving conscience, and the distant commendation of an impartial posterity. He could have no possible motive but the honor of his country, and the gi-atification of a warm and compre- hensive benevolence. The bare announcement of the proposition gave a shock to the aristocracy of the House, which aroused their inmost alarms. It touched their sensibilities at a most irritable point, and was rejected by a sudden and overwheliuing vote. Yet the courteous and concil- iatory account which Mr. Jefferson has left of the transaction, ascribe* the failure of the bill to the vicious and despotic influ- OF THOMAS JEFFERSON. 3^^ ence of the government, which,, by its unceasing frown, overawed every attempt at reform, rather than to any moral depravation of the members themselves. They were not insensible to the amazingr merits of the proposition. "Our mmds" says he " were circumscrib- ed within narrow limits, by an habitual belief that it was our dutj" to be subordinate to the mother country in all matters of govern- ment, to direct all our labors in subservience to her interests, and even to observe a bigotted intolerance for all religions but hers. The difficulties with our Representatives were of haljit and despair, not of reflection and conviction. Experience soon proved that they could bring their minds to rights, on the first summons of their at- tention." But indeed, under the regal government, how Avas it pos- sible for any thing liberal to expect success. The C'rown had di- rectly or indirectly the appointment of all officers of any moment, even those, in part, of the ordinary Legislature. The King's Coun- cil, as it was called, which acted as an Upper House, held their places at the Royal wall, and cherished a most humble obedience to that will ; the Governor, too, who had a negative on the laws, held by the same tenure, and with still greater devotedness to it : and. last of all, the Royal negative, which formed the rear-guard to the whole, barred the final pass to every project of melioration. So wanton, indeed, was the exercise of this power in the hands of his Majesty, that for the most trifling reason, and sometimes for no con- ceivable reason at all, he refused his assent to laws of the most salu- tary tendency. Nay, the single interposition of an interested indi- vidual against a law, was scarcely ever known to fail of success, though in the opposite scale were placed the interests of a w^hole country. This was Mr. Jefferson's /r*/ measure of reform ; and although rendered abortive by the immature state of things, it was but the inception, as the reader will in due time perceive, of a long series of efforts, partly successful, partly not, in the same benevolent cause. It was the first public movement which he had the honor to origin- ate, and the one, in all probability, whose spirit and object were most congenial to his heart. Indeed, it was but the glimmering of that principle, which constituted the polar star of his whole des- tiny, and which afterwards burst with such astonishing magnifi- cence upon the world, in that immortal manifesto of his country, which proclaimed, that "all men are created equal, and endowed by 36 LIFE, WniTINQS, AND OPINIONS their Creator with certain inaUenable rights," It was the prunary development of the workings of a mind which comprehendedj within the mantle of its benignity, every color and condition of hu- man existence ; and which saw, beyond the " rivers of blood" and "years of desolation" which intervened, that enchanting vision, which flashed upon his earliest musings, and kindled his expiring ener- gies, — the vision of emancipated man throughout the world. But a few years after his legislative debut in the cause of slavery, we find him dilating with enthusiasm upon the same subject, in flying "Notes" to M. de Marbois, of the Frencb legation, and recording that vehe- ment and appalling admonition which recent events have almost ripened into prophecy : " Can the liberties of a nation be thought secure when we have removed their only firm l^asis, a conviction in the minds of the })eople, that these liberties are of the gift of God ? That they are not to be violated but with his wrath ? Indeed, I tremble for my covmtry, when I reflect that God is just ; that his justice can- not sleep forever : that considering numljers, nature and natural means only, a revolution in the wheel of fortune, an exchange of situation is among possilale events : that it may become prob- able by supernatural interference ! The Almighty has no attri- bute which can take side with us in such a contest." But the business of ordinary legislation was drawing to a close in Virginia. The fatal collision between Great-Britain and her Colonies, had waxed to a crisis, which suspended the regular action of government, and summoned the attention of its functionaries to more imperious concerns. Patrick Henry, who was seven years older than Mr. Jefferson, and three or four ahead of him in public hfe, had hitherto been the master-spirit of the Revolution at the South, and, by his superior boldness, hadsustained its principal brunt. The time had now arrived, when he was to divide the burthen and the glory of the distinction, with one who was his junior only in years and eloquence, his equal in moral courage, but in every thing else his superior, at an immeasurable distance. The same session of the Legislature that first saw Mr. Jefferson a member, saw him first also in the little council of the brave. The same session also, (1769) witnessed the adoption of a new mode of resistance to Brit- ish tyranny, which he acted a conspicuous part in promoting ; to wit, the system of non-intercourse, by which the Colonies gradu- ally dissolved all commercial connection with the mother country- OF THOMAS JEFF^ESSOK. 37 Tlie opponents of the embargo, who have slept a good sound sleep, will now begin to bristle up, and say they have discovered, at last, the very germ of that diabolical principle. But here a difficulty presents itself, for the origin of the non-intercourse proceeding be- longs to Massachusetts, the focus of all disinclination to embargoes I The honor of it is hers; she having been pressed, from the pecu- liar circumstances of her local position, to take the precedence of the other Colonies in this important step. Is it possible, that the bruited restrictive system, which was so humiliating in a Jefferson and a Madison, and so heritical in 1 808-9, should owe its birth place to the 'cradle of sound principles,' or trace its pedigree upon the escutcheons of '76 ? It is no less remarkable than true. And the measure, equally honorable on both occasions, was attended with correspondent and glorious results to our common country. Experience has proved, that the most effectual mode of warfare with a nation, which excludes the principle of reciprocity from her code, and grasps at monopolizing the commerce of the world, is to withdraw peaceably from her intercourse, and, by a vigorous sys- tem of retaliation, to debar her from ours. This indeed has never failed to bring matters to a favorable issue, either by compelUng her to retire upon the high ground of the Law of Nations, or by exas- perating her, as in two memorable instances, to such a pitch of madness, as is decreed to be the certain precursor of self-destruction. But in whatever light the principle may have been viewed in later times, its application was eminently efficacious in producing the final appeal, in 1775. It touched, at the most sensitive and irascible point, the great feeling which neutralizes every other in a commercial State, to wit, tliat of interest. Happily, Mr. Jefferson became a member of the Legislature, soon after the adoption of the system in Massachusetts ; he foresaw its operation, if acted upon generally and in concert ; and immediately conceived the design of bringing Virginia up to a line with her northern sister. A concise view of the state of affairs at this period is important. The bold and unequivocal attitude into which Virginia had thrown herself by the opposition, which she headed in '65, against the Stamp Act, was imitated with infectious rapidity by all the other Colonies ; which raised the general tone of resentment to such a height, as made Great Britain herself quail before the tem- pest she had excited. The Stamp Act was repealed ; but its re- 38 LIFE, WRITING,?, AND OPINIONS l^eal was soon followed by a series of parliamentary and executive acts, equally unconstitutional and oppressive. Among these, were the Declaratory Act of a right in the British Parliament, to tax the Colonies in all cases whatsoever ; the quartering of large bodies of British soldiery in the principal towns of the Colonies, at the ex- pense and incessant annoyance of the inhabitants ; the dissolution, in rapid succession, of the. Colonial Assemblies, and the total sus- ■ pension of the legislative power in New York ; the imposition of duties on all teas, glass, paper, and other articles of the most ne- cessary use, imported into the Colonies, and the appointment of Commissioners, armed with unlimited powers, to be stationed in the several ports for the purpose of exacting the arbitrary customs. These despotic measures, with others of a similar character, produc- ed immediate recourse to retaliation, in the commercial Provinces. The people of Massachusetts, upon whom they fell with their first and heaviest pressure, were the foremost also in resisting their oper- ation. They entered into an association, by which they agreed and solemnly bound themselves, not to import from Great Britain any of the articles taxed, or to use them. They also addressed a circular letter to their sister Colonies, inviting their concurrence and co-operation, in all lawful and constitutional means, for procuring relief from their oppressions. Petitions, memorials, and remon strances were accordingly addressed to the King and Parliament, by the Legislatures of the different Colonies, entreating a rescission of the obnoxious measures, and blending with their entreaties, profes- sions of unv/avering loyalty. To these no answer was condescend- ed. But the non-intercourse proceedings in Massachusetts were of a character too ruinous to the new revenue bill, not to excite atten- tion. They immediately called forth a set of joint resolutions, and an address, from the I^ords and Commons. These resolutions con demned, in the severest terms, all the measures adopted by the Colonies. They re-asserted the right of taxation, and of quarter- ing their troops upon the Colonies. They even went so far as to direct, that the King might employ force of arms, sufRcient to quell the disobedient ; and declared that he had the right to cause the promoters of disorders to be arrested and transported to England for trial. These resolutions of the Lords and Commons arrived in America, in May, 1769. The House of Burgesses of Virginia was then in OP THOMAS JEE'PERSON. 39 session, and Mr. Jefferson, as we have seen, was for the first time a member. The doctrines avowed in these menacing papers, al- though they were directed principally against the people of Massa- chusetts, were too extraordinary to be overlooked in any assembly which contained a Jefferson. They were no sooner made known to the House, than he proposed the adoption of counter resolutions, and advocated warmly, the propriety of making common cause with Massachusetts, at the hazard of every sacrifice. Counter reso- lutions, and an address to the King, were accordingly agreed to, with little opposition ; and the pregnant determination wtcS then and there formed, of considering the cause of any one Colony as a cotnnion one. The seed of the Ajnerican Union was here first sown. Who cannot perceive, in that spirit of godlike magnanimi- ty, which forgot self, kindred, friends, every thing, in commissera- tion of the sufferings of a distant Colony, the elements of that pow- erful fraternal principle, which carried these Colonies in solid pha- lanx, side to side, and step for step, through the angiy billows of the Revolution ; and which, through so many years of high prosperity, has overawed every rampant eliulUtion, and, by a ceaceless attrac- tion, held upon its point every discordancy of interest and opinion. The spark which was elicited on this occasion, was communicated from heart to heart, and from Colony to Colony, until the principle of <5ohesion became paramount and universal, dissolving every in- congruous tie, and melting into one mass, having a common inter- est and a common danger, the whole body of the people. By the resolutions which they passed, the Legislature re-asserted the exclu- sive right of the Colonies to tax themselves in all cases wliatsoever ; denounced the recent acts of Parliament, as flagrant violations of the British Constitution ; and remonstrated, sternly, against the as- sumed right to transport the freeborn citizens of America to Eng- land, to be tried by their inveterate enemies. The tone of these res- olutions was so strong, as to excite, for the first time, the displeasure of the Governor, the amiable Lord Bottetourt, whose facility of dis- position was proverbial. The House had scarcely adopted, and ordered them to be entered upon their journals, when they were summoned to his presence, to receive the sentence of dissolution. "Mr. Speaker," said he, " and gentlemen of the House of Repre- sentatives, I have heard of your resolves, and augur ill of their 40 LIFE, WRITINGS, AND OPINIONS effects ; you have made it my duty to dissolve you, and you are accordingly dissolved." Bat the interference of the Executive had no other effect, than to encourage the holy feehng it attempted to repress. The next day, led on by the young spirits, Jefferson, Henry, and the two Lees, the great body of the members retired to a room, called the Apollo, in the Raleigh tavern, the principal hotel in Williamsburg. They there formed themselves into a voluntary Convention, drew up Ar- ticles of Association against the use of any merchandise imported from Great Britain, signed, and recommended them to the people. They repaired to their several counties, ciixulated the Articles of the League among their constituents, and, to the astonishment of all, so popular was the measure, that at the call of another Legislature, themselves were re-elected without a single exception. The impetus thus given to the heroic example of Massachusetts, by a remote Province, carried it home to the breast of every Colony. The non-importation agreement became general. All the lux- uries, and many of the comforts of life, were sacrificed, at once, on the altar of colonial liberty. The history of that period presents a sublime spectacle of self-devotement, and rigorous patriotism. As- sociations were formed at every point, and a systematic war of in- terdiction and non-consumption, was directed against British mer- chandise. All ranks, all ages, and both sexes joined, with holy emulation, in nullifymg the unconstitutional tariff. The ladies, who are never permitted to be greatest but on the greatest occasions, established a pecuhar claim to pre-eminence, on this. They relin- quished, without a struggle, all the elegancies, the embelhshments, and even the comforts to which they had been accustomed ; and ex- perienced a refined pleasure in preferring, for their attire, the simple fabric of their own free hands, to the most gorgeous habiliments of tyranny. In Virginia, the anti-revenue movement was reduced to a system, and pursued with unparalleled rigor. A committee of vig- ilance was established in every county, whose duty it was to pro- mote subscriptions to the covenant, and to guard the execution of the Articles. The powers of these committees, being undefined, were almost unlimited. They examined the books of the merchant, and pushed their inquisitorial tribunal into the sanctity of the fire- side, punishing every breach, by fine and public advertisement of the offender, and rewarding every observance by an appropriate OF THOMAS JEFFERSON. 41 !)adge of merit. Such, too, was the imperious virtue of popular ■opinion, that fi^om theii' decision there was no appeal. All who re- fused to subscribe the covenant of self-disfranchisement, or proved derelict in one iota, to its obligations, underwent a species of social excommunication. But the examples of delinquency were exceed ingly rare — of recusancy, rarer ; a few old tories only, of the most intractable stamp, were sent into gentlemanly exile, beyond (he mountains. The dissolution of the House of Burgesses, was not attended, as before remarked, with any change in the popular representation ; ex- cept only in the very few instances of those who had decUned assent to the patriot proceedings. The next meeting of tiie Legislature, of any permanent interest, which was not until the spring of 1773, saw Mr. Jefferson again at his post, and intent upon the great business of substituting just principles of government, in the room of those wliich unjustly prevailed. A court of inquiry, held in Rhode-Island, as far back as 1762, in which was vested the extraordinary power to transport persons to England, to be tried for offences committed in America, w^as consid- ered by him as demanding attention, even after so long an interval of silence. He was not in pubhc life at the time this proceeding was instituted, and consequently liad not the power to raise his voice against it ; but such was his strong sense of political justice, that, w^hen an important principle was violated, he deemed it never too late to rally to the breach. Acquiescence in such a high-handed en- croachment, would give it the force of precedent, and precedent would soon establish the right. A suitable investigation and protest, too, woulcTresuscitate tlie apprehensions of the Colonists, which had al- -ready relapsed into a fatal repose. This, indeed, appeared to him a more desirable result, than the simple reclamation of right in that par- ticular case. Nothing of unusual excitement having occurred, dur- ing the protracted interval of legislative interruption, the people bad fallen into a state of insensibility to their situation: and yet, the same causes of irritation existed, that had recently thrown them into such ferment. The duty on tea, with a multitude of co-incumbrances, still pressed upon them ; and the Declaratory Act, of a right in the British Parliament, to bind them by their laws, in all cases whatso- ever, still suspended over them, hanging by the temue of minister!' 42 LIFE, WRITINGS, AND OPINIONS al caprice. The lethargy of the pubhc mind, under such a pressure of injustice, indicated to Mr. Jefferson, a fearful state of things. It presented to his philosophic eye, a degree of moral prostration, but one remove from that, which constitutes the proper element for des- potism, and invites its fiercest visitations. It appeared to him indispensable, as a first measm-e, that something should be done, to break in upon the dead calm, which rested, like an incubus, on the Colonies, and to rouse the people to a sense of their real situation. Something, moreover, had been perpetually wanting, to produce concert of action, and a mutual understanding among the Colonies ; which was essential to a systematic and efficacious resis- tance. These objects could only be accomplished, he conceived, by the dissemination, in an impressive form, of the earliest intelligence of events, with suitable and wholesome comments. This would keep their understandings sufficiently informed, and by scattering the flames of excitement, which were principally local, from one Col- ony to another, until the whole continent should be in a blaze, would keep them, also, in a mutual and constant state of alarm. With a view, therefore, to these important objects, and " not think- ing the old and leading members up to the point of forwardness, which the times required," he proposed to a few of the younger ones, a private meeting, in the evening, "to consult on the state of things." On the evening of the eleventh of March, 1773, there- fore, we find this little band of Virginia patriots, consisting of Mr. Jefferson, Patrick Henry, R. H. Lee, F. L. Lee, and Dabney Carr, assembled together in a private room of the Raleigh tavern, to deliberate on the momentous concerns of all British America. The minds of these bold statesmen were in perfect unison ; and the concurrence of such minds, upon such an occasion, could scarcely fail to educe results, which should mark an era in the history of our nation. Nor did it so fail. This little conclave, at the Raleigh tavern in Williamsburg, had the distinguishing merit of originating the most formidable engine of Colonial resistance, that had ever been devised ; to wit, the " Committees of Correspon- dence^'' between the Legislatures of the different Colonies : and the first visible offspring of this measure, was a movement of inconceiv- ably more consequence, not only to America, but to the world — the call of a general Congress of all the Colonies. OP THOMAS JEFFERSON. 43 This important result was foreseen, it appears, by the meeting, particularly by Mr. Jefferson, who has left us an interesting remin- iscence of their doings, avoiding, in his usual way, any particular mention of his own agency. "We were all sensible that the most urgent of all measures, was that of coming to an understanding with all the other Colo- nies, to consider the British claims as a common cause to all, and to produce a unity of action ; and for this surpose that a Com- mittee of Correspondence, in each Colony, would be the best instru- ment for inter-communication : and that their first measure icould probably be, toj)ropose a meeting of Deputies from every Colo- ny^ at some central place, who should be charged with the direction of the measures which should be taken by all." This presentiment, of the call of a General Congress, as the re- sult of their meeting, must have made a powerful impression upon the mind of Mr. Jefferson ; for at the age of seventy-three it was still fresh in his memory. In a letter to a son of Dabney Carr, in 1816, he alludes to it : "I remember that Mr. Carr and myself, returning home together, and conversing on the subject, by the way, concurred in the conclusion, that that measure [Committees of Cor- respondence] must inevitably beget the meeting of a Congress of Deputies from all the Colonies, for the purpose of uniting all in the same principles and measures, for the maintenance of our rights." It being decided to recommend the appointment of these commit- tees, Mr. Jefferson proceeded to draft a set of resolutions to that in- tent, and improved the opportunity to insert a special one, directing an incjuiry into the judicial proceedings in Rhode-Island. The reso- lutions being agreed to, it was decided to propose them to the House of Burgesses, the next morning. His colleagues in council, pressed uix)n Mr. Jefferson to move them; "but I urged," says he, "that it should be done by Mr. Carr, my friend and brother-in-law, then a new member, to whom I Avished an opportunity should be given, of making known to the House, his great worth and talents." It was accordingly agreed that Mr. Carr should move them ; after which, this patriotic coterie dissolved, and repaired to their lodgings. The resolutions were brought foi-ward in the House of Burgesses, the next morning, by young Mr. Carr ; who failed not to exhibit on the occasion, "his great worth and talents," in a speech which elec- trified the whole assembly. For once, it is said, the genius of Hen- ry stood rebuked, before the eloquence of such a rival. Mr. Carr 44 LIFE, WRITINGS, AND OPINIONS was a member from the county of Louisa^ handsome in person, dig- nified and engaging in manners, rich in imagination, cogent in rea-- soiling, firm and undaunted in purpose, enthusiastic in the cause of Uberty ; and from the high promise which tliis display of his abili- ties and patriotism inspired, lie was hailed as a powerful acquisition to the reform party. The members flocked around him, greeted him ^^'ith praises, which spoke fervently in their countenances ; and congratulated themselves on the accession of such a champion to . tlieir cause. But how soon were these proud anticipations blighted . Brief Mas the career of the eloquent and lamented Carr. In two months from the occasion which witnessed this, his first and last popular triumph, he was no more. With what sensations Mr. Jefferson contemplated the success of '•his friend and l)rother-in-law," and marked the deep sentiment of admiration which pervaded every bosom, can only be imagined. His great expectations were realized ; he was overpowered with de- light ; and the scene altogether, made an impression upon him, which time coidd not obliterate. Nearly half a century afterwards, he reverts to the transaction, in a letter to a friend, v^'ith a freshness which showed a heart yet warm with the feeling it excited. "I well remember the pleasure expressed in the countenance and coilversation of the members generally, on this debut of Mr. Can-, and the hopes they conceived, as vv^ell from the talents as the patriot- ism it manifested. But he died within tv;o months after, and in him we lost a powerful fellow lajjorer. His character was of a high oi'- der. A spotless integrity, soimd judgment, handsome imagination, enriched by education and reading, tjuick and clear in his concep- tions, of correct and ready elocution, impressing every hearer with the sincerity of the heart from which it flowed. His firmness was inflexible in whatever he thought was right : but when no moral principle stood in the way, never had man more of the milk of hu- man kindness, of indulgence, of softness, of pleasantry in conver- sation and conduct. The lumiber of his friends, and the warmth of their aticction, were proofs of his worth, and of their estimate of it. To give to those now living, an idea of the affliction j^roduced by his death, in the minds of all who knew him, I liken it to that lately felt by themselves, on the death of his eldest son, Peter Carr. so like him in all his endowments and moral qualities, and whose recollection can never recur without a deep-drawn sigh from the I30- som of any one who kncAV him." The resolutions were adopted the same day, March 12, 1773, without a dissenting voice. They had been drafted so dexter- OP THOMAS JEFFERSON. 45 ously, and in such guarded terms, as not to awaken a suspicion in the old and cautious members, of their probable tendency ; whicli caused a unanimous concurrence in the vote. They stand recorded on the journals of the House, thus : Whereas, the minds of His Majesty's most faithful subjects in this Colony have been much disturbed, by various rumors, and reports of proceedings^ tending to deprive them of their ancient, legal, and constitutional rights : "And whereas, the affairs of this Colony are frequently connect- ed with those of Great Britain, as well as the neighboring Colo- nies, which renders a communication of sentiments necessary ; in order, therefore, to remove the uneasiness, and to quiet the minds of the people, as well as for the other good purposes above mention- ed : " Be it resolved. That a standing Committee of CoiTespondence and enquiry be appointed, to consist of eleven persons, to wit : the honorable Peyton Randolph, Robert C. Nicholas, Richard Bland, Richard H. Lee, Benjamin Harrison, Edmund Pendleton, Patrick Henry, Dudley Digges, Dabney Carr, Archibald Cary, and Thom- as Jetf'erson, esquires, any six of whom be a committee, whose bu- siness it shall be to obtain the most early and authentic intelligence of all such acts and resolutions of the British Parliament, or proceed- ings of administration, as may relate to, or affect the British Colo- nies in America ; and to keep up and maintain a coriespondence and communication with our sister Colonies, respecting those impor- tant considerations ; and the result of such their proceedings, from time to time, to lay before this House. " Resolved, That it be an instruction to the said committee, that they do, without delay, inform themselves particularly of the princi- ples and authority, on which was constituted a court of enquiry, said to have been lately held in Rhode-Island, with powers to transport persons accused of offences committed in America, to places beyond the seas to be tried. " The said resolutions being severally read a second time, were, upon the question severally put thereupon, agreed to by the House, nemine coiitradicente. " Resolved, That the Speaker of this House do transmit to the Speakers of the different Assemblies of the British Colonies on the continent, copies of the said resolutions, and desire that they will lay them before their respective Assemblies, and request them to ap- point some person or persons of their respective bodies, to communi- cate from time to time with the said conrntiittee." The House of Burgesses had no sooner passed these resolutions, than they were dissolved, as usual, by the Governor, then Lord Dun- more. For, although clothed in the most plausible and inoffensive 46 LIFE, WRITINGS, AND OPINIONS language, that watchful Executive had too much sagacit)^ not to perceive, that they laid the foundation for a more formidable amount of resistance, than had yet been apprehended. But the sentence of dissolution had no other effect, than to give a popular impulse to the proceedings that led to it ; and to excite to greater promp- titude and zeal, those who were designated in the resolutions, for putting the machine into operation. The very next day, the Com- mittee of Correspondence assembled, organized, and proceeded to business. They adopted a Circular letter, prepared by Mr. Jefter- son, to the Speakers of the other Colonies, enclosing to each a copy of the resolutions ; and left it in charge with their Chairman, Pey- ton Randolph, who was also Speaker of the House, to transmit them by expresses. The chief mover, thus had the happiness to see his favorite measure in an energetic course of execution. Although the result of the Raleigh consultation had a more decisive bearing upon the subseciuent movements of the country; than any recoimnendation that had preceded it, yet we find no mention of the occurrence in any of the numerous books of our revolution. But the history of the American Revolution has not been written, so said John Adams, in 1815; Mr. Jefferson echoes back the sentiment of his correspondent, and adds, it never can be written. ' On the subject, says h^, of the history of the American Revolution, you ask, who shall write it ? Who can write it ? And who \<\Vi ever he able to v^'rite it 1 Nobody ; except merely its exter- • ual facts ; all its councils, designs, and discussions were conducted in secret, and no traces of them were preserved. These, which are the life and soul of history, must forever be unknown.' Mr. Madison is the only person now, who can be looked to with any confid:ommended to the Committee of Correspondence^ that they com- inunicate with thair several corresponding committees, oti the expediency of appointing Depufies from the several Colonies of British America, to meet iiy^ general Congress, at such place, annually, as shall be thought most convenient ; there to delib- erate on those general measures which the united interests of America may from time to time require. A tender regard for the interests of our fellow subjects, the mer- chants and manufactm'ers of Great Britain, prevents us from going further at this time ; most earnestly hoping, that the unconstitution- al principle of taxing the Colonies without their consent, will not be persisted in, thereby to compel us, against our wilJ, to avoid all com- mercial intercourse with Britain. Wishing them and our people free and happy, we are their affijctionate friends, the late Represen- tatives of Virginia." That no time might be lost in carrying into effect their own re- commendation of a Congress, they did not leave their seats with- out first having arranged the preliminary meeting for the choice of their own Deputies. They passed a resolution soHciting the people of the several cmnties, to elect Representatives, to meet at Wilhams- burg, the IstJf August ensuing, to take into further consideration the state of - ject of unjust encroachment. Some of the Col6nies having thought proper to continue the administration of their government in the name and under the authority of His Majesty, King Charles the First, whom, notwithstanding his late deposition by the Common- wealth of England, they continued in the sovereignty of their State, the Parliament, for the Commonwealth, took the same in high offence and assumed upon themselves the power of prohibiting their trade with all other parts of the world, except the island of Great Britain. This arbitrary act, however, they soon recalled, and by solemn treaty entered into on the 12th day of March, 1651, between the said Commonwealth by their Commissioners, and the Colony of Virginia by their House of Burgesses, it was expressly stipulated by the eighth article of the said treaty, that they should have ' free trade as the people of England do enjoy to all places and with all nations, according to the laws of that CommoiiAvealth.' But that, upon the restoration of His Majesty, King Charles the Second, their rights of free commerce fell once more a victim to arbitrary power : and by several acts of his reign, as well as of some of his successors, the trade of the Colonies was laid under such restrictions, as show what hopes they might form from the justice of a British Parliament, were its uncontrolled power admit- over these States.* History has informed us, that bodies of men, as well as individuals, are susceptible of the spirit of tyranny. A view of these acts of Parliament for regulation, as it has l^een af- fectedly called, of the American trade, if all other evidences were removed out of the case, would undeniably evince the truth of this observation. Besides the duties they impose on our articles of ex- port and import, they prohibit our going to any markets northward * 12. C.2. c. 18. 15. C.2. c. n. 25. C. 2. c. 7. 7. 8. W. M. c. 22. 11. W. 34. Anne, 6. C. 2. c. 13, \, 62 LIFE, WRITINGS, AND OPINIONS of Cape Finistena, in the kiugdom of Spain, for the sale of com- modities which Great Britain will not take from us, and for the jxirchase of others, with which she cannot supply us ; and that; for no other than the arljitrary purpose of purchasing for tliem- selves, by a sacrifice of our rights and interests, certam privileges in their commerce with an allied State, who, in confidence that tlieir exclusive trade with America will be continued, while the principles and power of the British Parliament be the same, havo indulged themselves in every exorbitance which tlieir avarice could dictate, or our necessities extort ; have raised their commodities called for in America, to the double and treble of what they were sold for, before such exclusive privileges were given them, and of what tetter commodities of the same kind would cost us elsewhere \ and, at the same time, give us much less for what we carry thith- er, than might be had at more convenient ports. That these acts prohibit us from carrying, in cjuest of other purchasers, the surplus of our tobaccos, remaining after the consumption of Great Britain is supplied : so that we must leave them with the British mer- cliant, for whatever he will please to allow us, to be l^y him re- shipped to foreign markets, where he will reap the benefits of mak- ing sale of them for full value. That, to heighten still the idea of Parliamentary justice, and to show with what moderation they are like to exercise power, where themselves are to feel no part of its weight, we take leave to mention to His Majesty certain other acts of the British Parliament, l)y which they Avould prohibit us from inanufiicturing, for our own use, the articles we raise on our own lands, with our own laljor. By an act passed in the fifth year of the reign of his late Majesty, King George the Second, an Amer- ican subject is forbidden to make a hat for himself, of the fur Avhich he has taken, perhaps on his own soil ; an instance of despotism, to which no parallel can be produced in the most arbitrary ages of British history. By one other act, passed in the twenty-third year of the same reign, the iron Avhich we make, we are forbidden to manufacture ; and, heavy as that article is, and necessary in ev- ery branch of husbandry, besides commission and insurance, we ai"e to pay freight for it to Great Britain, and freight for it back again, for the purpose of supporting, not men, but machines in the island of Great Britain. In the same spirit of equal and impartial legislation, is to be viewed the act of Parliament, passed in the fifth year of the same reign, by which American lands are made subject to the demands of British creditors, while their own lands were still continued unanswerable for their debts ; from which, one of these conclusions must necessarily follow, either that jus- tice is not the same thing in America as in Britain, or else that tile British Parhament pay less regard to it here than there. But, that we do not point out to His Majesty the injustice of these acts, with intent to rest on that principle the cause of their nullity ; but OF THOMAS JEFFERSON- ^ t to show that experience confirms the propriety of those pohtical principles, which exempt us from the jurisdiction of the British ParUament. The true ground on which we declare these acts void, is, that the British Parliament has no right to exercise au- thority over us. " That these exercises of usurped power have not been confined to instances alone, in which themselves were interested : but they have also intermeddled with the regulation of the internal affairs of the Colonies. The act of the 9th of Anne, for establishing a post-office in America, seems to have had little connection with British convenience, except that of accommodating His Majesty's ministers and favorites with the sale of a lucrative and easy office. " That thus we have hastened through the reigns which preceded His Majesty's, during which the violations of our rights were less alarming, because repeated at more distant intervals, than that rapid and bold succession of injuries, which is likely to distinguish the present from all other periods of American story. Scarcelv have our minds been able to emerge from the astonishment, into which one stroke of Parliamentary thunder has involved us, before another more heavy and more alarming is fallen on us. Sino-le acts of tyranny may be ascribed to the accidental opinion of a day ; but a series of oppressions, begun at a distinguished period, and pursued unalterably through every change of ministers, too plainly prove a deliberate, systematical plan of reducing us to slavery. " That the act passed in the fourth year of His Majesty's reign, entitled ' an act [Act for granting certain duties.] " One other act passed in the fifth year of his reign, entitled ' an act [Stamp Act.] " One other act passed in the sixth year of his reign, entitled ' an act [Act declaring the right of Parliament over the Colonies.] " And one other act passed in the seventh year of his reign, en- titled ' an act [Act for granting duties on paper, tea, &c.] " Form that connected chain of parliamentary usurpations, which has already been the subject of frequent applications to His Majesty, and the Houses of the Lords and Commons of Great Britain ; and no answers having yet been condescended to any of these, we shall not trouble His Majesty with a repetition of the matters they contained. " But that one other act passed in the same seventh year of his reign, .having been a peculiar attempt, must ever require peculiar mention. It is entitled ' an act [Act suspending Legislature of New York.] " One Jfree and independent Legislature hereby takes upon itseff to suspend the powers of another, free and independent as itselt Thus exhibiting a phenomenon unknown in nature, the creator .and creature of its own power. Not only the principles of oator 64 LIFE, WRITINGS, AND OPINIONS men sense, but the common feelings of human nature must be surrendered up, before His Majesty's subjects here can be persuaded to beheve, that they hold their political existence at the will of a British Parliament. Shall these governments be dissolved, thek property annihilated, and their people reduced to a state of nature, at the imperious breath of a Ijody of men whom tliey never saw, in whonr they never confided, and over whom they have no pow- ers of punishment or removal, let their crimes against the American public be ever so great ? Can any one reason be assigned, why one hundred and sixty thousand electors in the island of Great Britain should give law to four millions in the States of America, every individual of whom is equal to every individual of them in virtue, in understanding, and in bodily strength ? Were this to be admitted, instead of being a free people, as we have hitherto supposed, and mean to continue ourselves, we should suddenly be found the slaves, not of one, but of one hundred and sixty thousand tyrants ; dis- tinguished, too, from all others, by this singular circumstance, that they are removed from the reach of fear, the only restraining mo- tive which may hold the hand of a tyrant. " That, by ' an act to discontinue in such manner, and for such time as are therein mentioned, the landing and discharging, lading or shipping of goods, wares, and merchandise, at the town and within the harbor of Boston, in the province of Massachusetts Bay, in North America,'* which was passed at the last session of the Brit- ish Parliament, a large and jiopulous town, whose trade was their sole subsistence, was deprived of that trade, and involved in utter ruin. Let us for a while, suppose the question of right suspended, in order to examine this act on principles of justice. An act of Parliament had been passed, imposing iuties on teas, to be paid in America, against which act the Americans had protested, as inauthoritative. The East India Company, who till that time] had never sent a pound of tea to America on their own account, step forth on that occasion, the asserters. of parliamentary right, and send hither many ship loads of that obnoxious commodity. The masters of their several vessels, however, on their arrival in Amer- ica, wisely attended to admonition, and returned with their car- goes. In the province of New England alone, the remonstrances of the people were disregarded, and a compliance, after being many days waited for, was flatly refused. Whether in this, the master of the vessel was governed by his obstinacy, or his in- structions, let those who know, say. There are extraordinary sit- uations, which require extraordinary interposition. An exaspera- ted people, who feel that they possess power, are not easily restrain- ed within hmits strictly regular. A number of them assembled + 14 G. 3. OP THOMAS JEFFERSON. 65 in the town of Boston, threw the tea into the ocean, and dis- persed without doing any other act of violence. If in this they did wrong, they were known, and were amenable to the laws of the land ; against which, it could not be objected that they had ever, in any instance, been obstructed or diverted from their regular course, in favor of popular offenders. They should, therefore, not have been distrusted on this occasion. But that ill-fated Colony had formerly been bold in their enmities against the House of Stuart, and were now devoted to ruin, by that unseen hand which governs the momentous affairs of this great empire. On the partial represen- tations of a few worthless ministerial dependants, whose constant office it has been to keep that government embroiled ; and who, by their treacheries, hope to obtain the dignity of British knighthood, without calling for a party accused, without asking a proof, with out attempting a distinction betAveen the guilty and the innocent, the whole of that ancient and wealthy town, is in a moment re- duced from opulence to beggary. Men who had spent their Jives in extending the British commerce, who had invested in that place, the wealth their honest endeavors had merited, found themselves and their families, thrown at once on the world, for subsistence by its charities. Not the hundredth part of the infiabitants of that town had been concerned in the act compLauied of; many of them were in Great Britain, and in other parts beyond sea ; yet all were involved in one indiscriminate ruin, by a new executive power, unheard of till tten, that of a British Parliament. A pro- perty of the value of many millions of money was sacrificed, to revenge, not to rej^ty, the los^ of a few thousands. This is ad- ministering iustJ^e with a J^avy hand indeed ! And when is this tempest to be arrested in ^-' course ? Two wharves are to be opened agam when His Maje-y shall think proper ; the residue which hned the extensive shor<^ of the bay of Boston, are for ever interdicted the exercise of commerce. This little exception seems to have been tirowp m for no other purpose, than that of setting a prece • dent for investing His Majesty with legislative powers. If the pulse of his people shall beat calmly under this experiment, anoth- er and another will be tried, till the measure of despotism be filled up. It would be an insult on common sense, to pretend that this exception was made in order to restore its commerce to that great town. The trade which cannot be received at two wharves alone, must of necessity be transferred to some other place ; to which it will soon be followed by that of the two wharves. Considered in this hght it would be an insolent and cruel mockery at the annihi- lation of the town of Boston. By the act for the suppression of riots and tumults in the town of Boston,* passed also in the last ses- + 14 G. 3. 66 LIFE, WRITINGS, AND OPINIONS sion of Parliament, a murder committed there, is, if the Governor pleases, to be tried in the court of King's Bench, in the island of Great Britain, by a jury of Middlesex. The witnesses, too, on receipt of such a sum as the Governor shall think it reasonable for them to expend, are to enter into cognizance to appear at the trial. This is, in other words, taxing them to the amount of their recog- nizance ; and that amount may be v/hatever a Governor pleases. For who does His Majesty think can be prevailed on to cross the Atlantic, for the sole purpose of bearing evidence to a fact ? His expenses are to be borne, indeed, as they shall be estimated by a Governor ; but who are to feed the wife and children whom he leaves behind, and who have had no other subsistence but his daily labor ? Those epidemical disorders, too, so terrible in a for- eign climate, is the cure of them to be estimated among the articles of expense, and their danger to be warded off by the almighty power of a Parliament ? And the wretched criminal, if he hap- pen to have offended on the American side, stripped of his priv- ilege of trial Ijy peers of his vicinage, removed from the place where alone full evidence cou\d be obtained, without money, without counsel, witi^ut friends, Avithout exculpatory proof, is tried be- fore Judges prctVtermined to condemn. The cowaids who would suffer a countryman to l)e torn from the bowels of their society, in order to be thus offered a sacrifice to Parliamentary tyranny, would merit that everlasting infamy now fixtd on the authors of the act ! A clause, for a suin ar purpose, had bee^ introduced into an act, passed in the twelfth year of l[\<, Majesty's reign, entitled " an act for the better securing and preserving 'His Majesty's dock-yards magazines, ships, ammunition, and stores ;" aga-iist which, as mer- iting the same. censures, the several CoV»ies have hlready protested " That these are the acts of power, assu^^ed by a body of men foreign to our constitutions, and unack now lulled \>y our laws • against which we do, on behalf of the inhabitant of Bnti^h. Amer- ica, enter this our solemn and determined protest. And wa do ear- nestly entreat His Majesty, as yet the only mediator) pov^^^av \^. tween the several States of the British empire, to recommend to liis ParUament of Great Britain, the total revocation of these' acts, which, however nugatory they be, may yet prove the cause of fur- ther discontents and jealousies among us. " That we next proceed to consider the conduct of His Majesty, as holding the Executive powers of the laAvs of these States, and mark out his deviations from the line of duty. By the constitution of Great Britain, as well as of the several American States, His Majesty possesses the power of refusing to pass into a law, any bill which has already passed the other two branches of the Legislature. His Majesty, however, and his ancestors, conscious of the impropri- ety of opposing their single opinion to the united wisdom of two Houses of Parliament, while theii' proceedings were unbiassed by OF THOMAS JEFFERSON. 67 interested principles, for several ages past, have modestly declined the exercise of this power, in that part of his empire called Great Britain. But, by change of circumstances, other principles than those of justice simply, have obtained an influence on their deter- minations. The addition of new States to the British empire, has produced an addition of new, and sometimes, opposite interests. It is now, therefore, the great office of His Majesty, to resume the exercise of his negative power, and to prevent the passage of laws by any one Legislature of the empii'e, which might bear injuriously on the rights and interests of another. Yet this will not excuse the wanton exercise of this power, which we have seen His Majesty practice on the laws of the American legislatures. For the most trifling reasons, and sometimes for no conceivable reason at all, His Majesty has rejected laws of the most salutary tendency. The abolition of domestic slavery is the great object of desire in those Colonies, wliere it was, unhappily, introduced in their infant state. But previous to the enfranchisement of the slaves we have, it is ne- cessary to exclude all further importations from Africa. Yet our repeated attempts to effect this, by prohibitions, and by imposing duties which might amount to a prohibition, have been hitherto de- feated by His Majesty's negative : thus preferring the immediate ad- vantages of a few British corsairs to the lasting interests of the American States, and to the rights of human nature, deeply wounded by this infamous practice. Nay, the single interposition of an in- terested individual against a law, was scarcely ever know^n to fail of success, though in the opposite scale v/ere placed the interests of a whole country. That this is so shameful an abuse of a power, trusted with His Majesty for other purposes, as if, not reformed, would call for some legal restrictions. " With equal inattention to the necessities of his people here, has His Majesty permitted our laws to lie neglected in England for years, neither confirming them by his assent, nor annulling them by his negative : so that such of them as have no suspending clause, we hold on the most precarious of all tenures, His Majesty's will : and such of them as suspend themselves till His Majesty's assent lie obtained, we have feared might be called into existence at some future and distant period, when time and change of circumstances shall have rendered them destructive to his people here. And, to render this grievance still more oppressive. His Majesty, by his in- structions, has laid his Governors under such restrictions, that they can pass no law of any moment, unless it have such suspending clause ; so that, however immmediate may be the call for legislative interposition, the law cannot be executed till it has twice crossed the Atlantic, by which time the evil may have spent its whole force. " But in what terms reconcilable to Majesty, and at the same time to truth, shall we speak of a late instruction to His Majesty's Governor of the Colony of Virginia, by which he is forbidden to 68 LIFE, WRITINGS, AND OPINIONS assent to any law for the division of a county, unless the new coun- ty will consent to have no representative in Assembly 7 That Col- ony has as yet affixed no boundary to the westward. Their west- ern counties, therefore, are of indefinite extent. Some of them are actually seated many hundred miles from theii- Eastern Umits, Is it possil^le, then, that His Majesty can have bestowed a single thought on the situation of those people, who, in order to obtain justice for injuries, however great or small, must, by the laws of that Colony, attend their county court at such a distance, with all their witnesses, monthly, till theii- litigation be determined '? Or does His Majesty seriously wish, and publish it to the world, that his subjects should give up the glorious right of representation, with all the benefits derived from that, and submit themselves to be ab- solute slaves of his sovereign will ? Or is it rather meant to con- fine the legislative body to theii" present numbers, that they may be the cheaper bargain, whenever they shall become worth a pur- chase. " One of the articles of impeachment againt Tresilian and the other Judges of Westminister Hall, in the reign of Richard the Second, for which they suffered death, as traitors to their country, was, that they had advised the King that he might dissolve his Par- liament at any time : and succeeding Kings have adopted the opinion of these unjust Judges. Since the establishment, however, of the British constitution, at the glorious Revolution, on its free and ancient principles, neither His Majesty nor his ancestors have exercised such a power of dissolution in the island of Great Brit- ain ;* and, when His Majesty was petitioned by the united voice of his people there to dissolve the present Parhament, who had become obnoxious to them, his Ministers were heard to declare, in open Parliament, that His Majesty possessed no such power by the constitution. But how different their language, and his practice, here ! To declare, as theii' duty required, the known rights of their country, to oppose the usurpation of every foreign judicature, to disregard the imperious mandates of a Minister or Governor, have been the avowed causes of dissolving Houses of Representa- tives in America. But if such powers be really vested in His Ma- jesty, can he suppose they are there placed to awe the members "from such purposes as these ? When the representative body have lost the confidence of their constituents, when they have notorious- ly made sale of their most valual^le rights, when they have assum- ed to themselves powers which the people never put into their hands, * On further inquiry, I find two instances of dissolutions before the Parlia- ment would, of itself, have been at an end : viz. the Parliament called to meet August 24, 1698, was dissolved by King William, December 19, 1700, and a new one called, to meet February 6, 1701, which was also dissolved November 11, 1701, and a new oae met December 30, 1701. OF THOMAS JEFFERSON- 6§ then, indeed, theii' continuing in office becomes dangerous to the State, and calls for an exercise of the power of dissolution. Such being the causes for which the representative ]x)dy should, and should not, be dissolved, will it not appear strange, to an unbiassed observer, that that of Great Britain was not dissolved, while those of the Colonies have repeatedly incurred that sentence ? "But your Majesty or your Governors have carried this power be- yond every limit known or provided for by the laws. After dissolving one House of Representatives, they have refused to call another, so that, for a great length of time, the Legislature provided by the laws has been out of existence. From the nature of things, every soci- ety must at all times possess within itself the sovereign power of legislation. The feelings of human nature revolt against the sup- position of a State so situated, as that it may not, in any emergen- cy, provide against dangers which perhaps threaten immediate ruin. While those bodies are in existence to whom the people have dele- gated the powers of legislation, they alone possess, and may exer- cise, those powers. But when they are dissolved, by the lopping off one or more of their branches, the power reverts to the people, who may use it to unlimited extent, either assembling together in person, sending deputies, or in any other way they may think proper. We forbear to trace consecjuences further ; the dangers are conspicuous with v.liich this practice is replete. " That we shall, at this time also, take notice of an error in the nature of our land-holdings, which crept in at a very early period of our settlement. The introduction of the feudal tenures into the kingdom of England, though ancient, is well enough understood to set this matter in a proper light. In the earlier ages of the Saxon settlement, feudal holdings were certainly altogether unknown, and very few, if any, had been introduced at the time of the Norman conquest. Our Saxon ancestors held their lands, as they did their personal property, in absolute dominion, disencumbered with any superior, answering nearly to the nature of those possessions which the Feudalists term Allodial. William the Norman first introduced that system generally. The lands which had belonged to those who fell in the battle of Hastings, and in the subsequent insurrec- tions of his reign, formed a considerable proportion of the lands of the whole kingdom. These he granted out, subject to feudal du- ties, as did he also those of a great number of his new subjects, who, by persuasions or threats, were induced to surrender them for that purpose. But still much was left in the hands of his Saxon subjects, held of no superior, and not subject to feudal conditions. These, therefore, by express laws, enacted to render uniform the system of military defence, were made liable to the same military duties as if they had been feuds : and the Norman lawyers soon found means to saddle them, also, with aU the other feudal burthens> But still they had not been surrendered to the King, they were not 7* 70 LIFE, WRTTISTGS, AND OPlNrONS^ derived from his grant, and therefore they were not holden of him, A general principle, indeed, was introduced, that 'all lands in Eng- land were held either mediately or immediately of the Crown :' but this was lx)nowed from those holdings which were truly feudal, and only applied to others for the purposes of illustration. Feudal hold- ings were, therefore, but exceptions out of the Saxon laws of pos- session, under which all lands were held in absolute right. These, therefore, still form the basis or groundwork of the common law, to prevail wheresoever the exceptions have not taken place. America was not conquered by William the Norman, nor its lands surrender- ed to him or any of his successors. Possessions there are, undoubt- edly, of the Allodial nature. Oiu" ancestors, however, who migra- ted hither, were laborers, not lawyers. The fictitious principle, that all lands belong originally to the King, they were early persuaded to believe real, and accordingly took grants of their own lands from the Crown. And while the Crown continued to giant for small sums and on reasonable rents, there was no inducement to arrest the error, and lay it open to public view. But His Majesty has lately taken on him to advance the terms of purchase and of holding to the double of what they were ; by which means the acquisition of lands being rendered difficult, the population of our country is likely to he checked. It is time, therefore, for us to lay this matter before His Majesty, and to declare that he has no right to grant lands of him- self. From the natiue and purpose of civil institutions, all the lands within the limits which any particidar society has circumscribed around itself, are assumed by that society, and subject to their allot- ment ; this may l)e done l)y themselves assembled collectively, ov by their Legislature, to whom they may have delegated sovereign authority : and, if they are allotted in neither of these ways, each individual of the society may appropriate to himself such lands as he finds vacant, and occupancy will give him title. " That, in order to enforce the arbitrary measures before com- plained of, His Majesty has, from time to time, sent among us large bodies of armed forces, viot made up of the people here, nor raised by the authority of our laws. Did His Majesty possess such a right as this, it might swallow up all our other rights whenever he should think proper. But His Majesty has no right to land a single armed man on our shores ; and those whom he sends here are liable to our laws for the suppression and punishment of riots, routs, and un- lawful assemblies, or are hostile bodies invading us in defiance of law. When, in the course of the late war, it became expedient that a l)ody of Hanoverian troops should be brought over for the defence of Great Britain, His Majesty's gi'andfather, our late sovereign, did not pretend to introduce them under any authority he possessed. Such a measure would have given just alarm to his subjects of Great Britain, whose liberties would not be safe if armed men of an- other country, and of another spirit, might be brought into the realm OP THOMAS JEFFERSON. Ti at any time, without the consent of their Legislature. He, there- fore, apphed to Parhament, who passed an act for that purpose, hm- iting the number to be brought in, and the time they were to^contin- ue. In hke manner is His Majesty restrained in every part of the empire. He possesses indeed tlie executive power of the laws in every State ; but they are the laws of the particular State, which he is to administer within that State, and not those of any one within the limits of another. Every State must judge for itself, the num- ber of armed men which they may safely trust among them, of whom they are to consist, and under what restrictions they are to be laid. To render these proceedings still more criminal against our laws, instead of subjecting the military to the civil power. His Majes- ty has expressly made the civil subordinate to the military. But can His Majesty thus put down all law under his feet ? Can he erect a power superior to that which erected himself? He has done it indeed by force ; but let him remember that force cannot give right. " That these are our grievances, which we have thus laid before His Majesty, Avith that freedom of language and sentiment which becomes a free people, claiming their rights as derived from the laws of nature, and not as the gift of their Chief Magistrate. Let those flatter, who fear : it is not an American art. To give praise where it is not due, might he well from the venal, but would ill beseem those who are asserting the rights of human nature. They know, and will, therefore, say, that Kings are the servants, not the propri- etors of the people. Open your breast, Sire, to liberal and expand- ed thought. Let not the name of George the Third be a blot on the page of history. You are surrounded by British counsellors, but remember that they are parties. You have no ministers for Amer- ican affairs, because you have none taken from among us, nor amena- ble to the laws on which they are to give you advice. It behoves you, therefore, to think and to act for yourself and yom- people. The great principles of right and wrong are legible to every reader : to pursue them, requires not the aid of many counsellors. The whole art of government consists in the art of being honest. Only aim to do your duty, and mankind will give you credit where you fail. No longer persevere in sacrificing the rights of one part of the empu'e, to the inordinate desires of another : but deal out to all equal and impartial right. Let no act be passed by any one Legislature, which may infringe on the rights and liberties of another. This is the impor- tant post in which fortune has placed you, holding the balance of a great, if a well poised empire. This, Sire, is the advice of your great American council, on the observance of which may, perhaps, depend your fehcity and future fame, and the preservation of that harmony which alone can continue, both to Great Britain and America, the reciprocal advantages of their connexion. It is neither our wish nor our interest to separate from her. We are willing, on our part, to sacrifice every thing which reason can ask, to the restoration of 72 , LIFE, WRITINGS, AND OPINIONS tliat tranquillity for which all must wish. On their part, let tneiTS be ready to establish union on a generous plan. Let them name tlieir terms, but let them be just. Accept of every commercial pre- ference it is in our power to give, for such things as we can raise for tlieir use, or they make for ours. But let them not think to exclude us from going to other markets, to dispose of those commodities wliicli they cannot use, nor to supply those wants which they can- not supply. Still less, let it be proposed, that our properties, within our own territories, shall be taxed or regulated by any power on earth, but our own. The God who gave us life, gave us hberty at the same time: the hand of force may destroy, but cannot disjoin them. This, Sire, is our last, our determined resolution. And that you will be pleased to interpose, with that efficacy which your earn- esst endeavors may insure, to procure redress of these our great grievances, to quiet the minds of your sulijects in British America against any apprehensions of future encroachment, to establish fra- ternal love and harmony through the whole empire, and that that may continue to the latest ages of time, is the fervent prayer of all Britisli America." Upon a critical examination of this valuable paper, it will be per- ceived, that the author had akeady attained to those sublime and fundamental discoveries in Political Science, which have since, through the unitedinstrumentalityof himself and his disciples, receiv- ed such an astonisliing exemplification before the world. It is a more learned and elementary production, than the Declaration of Independence ; to wdiich it is not inferior as a literary performance ; but in power and sublimity of conception, greatly overshadowed, as is every other monument of human genius, by the 'Declaratory Charter of our rights and of the rights of man.' The author begins with the vindication of tire first principle of all jx»litical truth, the sovereignty of the people, as a right which they derive from God, and not from His Majesty ; Avho, he boldly affirms, 'is no more than the chief officer of tire people, appointed by the laws, and circumscribed with definite powers, to assist in working the great machine of government, erected for their use, and consequently subject to their superintendence.' He next pro- ceeds to vindicate the right of expatriation, showing that the bar- barian nations in the North of Europe, from whom the inhabitants of Great Britain descended, would have as good right to usurp ju- risdiction over them, as they have over us ; and from this right, the basis of every other, he deduces the broad principle, that the Amer- ican 'States' were co-ordinate nations with Great Britain herself^ OF THOMAS JEFFERSON. 73 liaving a common Executive head, but no other link of poUtical union. The doctors of nullification would here find a triumphant justification of their theory, should it be made to appear, that the States possess the same relation to the federal, that they then did to the mother, government ! He repudiates, with Ijecoming satire, the fictitious principle of the common law, that all lands belong me- diately or immediately to the Crown ; and says, ' it is high time to declare, that His Majesty has no/ight to grant lands of himself.' Finally, he tells His Majesty to 'open his breast to liberal and ex- panded thought ; that the gi-eat principles of right and wrong are legible to every reader ;' and that ' the whole art of government cmisists in the art of being honest.^ As has already been observed, the Convention at Williamsburg were not prepared to sanction, Isy their delilierate adoption, the prin- ciples contained in these 'instructions.' Tamer sentmients* were substituted ; the congressional delegates! appointed, to the number of seven ; and resolutions adopted, in which they pledged them- selves to make common cause with the people of Boston, in every extremity — l^roke off all commercial connexion with the mother country, vmtil the grievances of which they complained, should l)e redressed — and empowered their chairman, Peyton Randolph, or in case of his death, Robert C. Nicholas, on any future occasion, that might in his opinion require it, to reconvene the several delegates of the Colony, at such time and place as he might judge proper. This last resolve was more important than all the others, as it show- ed their determination to continue the government in their own hands, to the exclusion of the parent authorities, and was a virtual assumption of independence, in Virginia. The General Congress assembled at Carpenter's Hall, in Phila- delphia, September 5th, '74 ; and organized for business, by choos- ing Peyton Randolph of Virginia, President, and Charles Thomp- son of Pennsylvania, Secretary. Delegates attended from every Province, except Georgia, and were in number fifty-five. The splendid proceedings of that venerated body, Ijelong to general his- tory, and do not require any reference in this voliime, until Mr. *See Appendix, Note A. t The delegates to the first Congress, on the part of Virginia, were Peyton Randolph, Richard H.Lee, George Washington, Patrick Henry, Richard Bland, Benjamin Harrison, and Edmund Pendleton. •^4 LIFE, WRITINGS, AND OPINIONS Jefferson became a member. They terminated their first session on the 26th of October, to meet again at the same place, on the 10th of May ensuing, at which time Mr. Jefferson became a Deputy elect. On the 20th of March, 1775, the popular Convention of Virginia assembled, for the second time, upon invitation of the Chairman, to deliberate further on the condition of public affairs, and the meas- ures which it demanded. Mr. Jefferson continued to be a member ; and the reader will be prepared to expect a corresponding continu- ance of bold results. We have already seen him the author of (pinions, which, should they become so far americanizcd as to affect tlie controversy, could not but transfer the decision to the bloody tri- bunal of nations. To a political union with Great Britain, upon the broad basis of reason and right, he was not averse ; nay, he most anxiously and fervently desired it, to avoid the horrors and des- olations which the other alternative presented. " But^ by the God that made ^/ze," said he, a short time subsequent, ^^I vrdl cease to exists before I yield to a connexion on such terms as the British Parliament 'proi^oseP The distance between the terms upon which he would consent to a union, and the terms which Great Britain had challenged, and manifested a disposition to extort, was too great to admit any reasonable hope of accommodation. The Oiily grounds upon which he would submit to a compromise, were, freedom from all jurisdiction of the British Parliament, and the ex- clusive regulation, by the Colonies, of their own internal affairs, — freedom from all restraints upon navigation, witli respect to other nations, — freedom from all necessary accountability to the common law, — and, in a word, freedom from all the laws, institutions and customs of the mother country, until they shoidd have been specifi- cally adopted as our laws, institutions and customs, by the positive or implied assent of the people. But would Great Britain consent to an abandonment of all her pretensions, and accept the proffered bagatelle ') The idea was preposterous. So far from it, there was Uttle probability she would yield to the far more gracious propo- sals of Congress. Mr. Jefferson saw, with prophetic certainty, the inevitable result ; and he yearned to have the same clear, strong, yet terrible perspective burst upon the tardy apprehensions of his countrymen. With that wonderful precision with which he al- ways penetrated the future, and predicted its developments, he had OP THOMAS JEFFERSON. 75 long anticipated the awful crisis, to which tlie current of events was fast settling ; and we have now arrived close upon the epoch, when his mind was made up to meet that crisis, with all the firmness which the nature of it demanded. " My creed^'' says he, '•'•had been formed on unsheathing the sioordat Lexington?'' This event, it will be recollected, occurred the ensuing month. Time will soon disclose, with what fideUty our political apostle put his 'creed' into practice. The Convention proceeded to business. They adopted a resolu- tion expressive of their unqualified approbation of the measures of Congress ; declaring, that they considered ' this whole continent as under the highest obligations to that respectable body, for the wis- dom of their counsels, and their unremitted endeavours to main- tain and preserve inviolate, the just rights and liberties of His Ma- jesty's dutiful and loyal subjects in America.' They next resolved, that ' the warmest thanks of the Convention, and of all the inhab- itants of this Colony, were due, and that this just tribute of ap- plause be presented to the worthy delegates deputed by a former Convention, to represent thl3 Colony in general Congress, for their cheerful undertaking and faithful discharge of the very impoitant tiust reposed in them.' It would be doing injustice to Mr. Jefferson, to suppose the above resolutions came from him. They have none of the holy phren- zj of his thoughts, or of the uniform polish of his pen. Not that he disapproved them ; on the contrary, he regarded their adoption as an act of imperious justice, as well as gratitude. But they probably proceeded from that grave and tranquil side of tlie House, which now, as heretofore, was content to follow ; and whose sentiments, being more in unison with the instructions given to their own Deputies, were more conformable, also, to the attitude assumed by Congress. For be it understood, there was the same strong inequality of sentiment in this, as in all former meetings ; nor was it long in displaying itself, even fearfully. Soon there arose a tall and muscular leader from the other side of the House, who responded, in a note of thunder, to the preceding resolutions, as follows : Resolved, That this Colony be immediately put into a state of defence, and that be a committee to prepare a plan for em- bodying, arming, and disciplining, such a number of men, as may be sufficient for that purpose." 76 LIFE, WRITINGS, AND OPINIONS The effect of this proposition was Uke a bolt from heaven, upon the veteran and placid body of the Convention. A deep and pain- ful sensation ensued, portending a desperate resistance to the measure. Long and vehement was the contest that succeeded. The resolution was opposed by all the old and considerate mem- bers, including some of the warmest patriots of the Conven- tion, Pendleton, Harrison, Bland, Nicholas, and even the sanguine and republican Wythe. Alluding to these gentlemen, and their backwardness upon this occasion, Mr. Jefferson writes to a friend, in 1815 : " These were honest and able men, who had begun the opposition on the same grounds, but with a moderation more adapted to their age and experience. Subsequent events favored the bolder spirits of Henry, the Lees, Pages, Mason, &c. with whom I went in all points. Sensible, however, of the importance of unanunity among our constituents, although we often wished to have gone on faster, we slackened our pace, that our less ardent colleagues might keep up with us ; and they, on their part, differing nothing from us in principle, quickened their gait somewhat beyond that, which their prudence might, of itself, have advised, and thus consohdated the phalanx, which breasted the power of Britain. By this harmony of the bold with the cautious, we advanced, with our constituents, in undivided mass, and with fewer examples of separation, than perhaps existed in any other part of the union." It is a sublime contemplation to dwell upon the example thus recorded by Mr. Jefferson, of that indissoluble fraternization in the cause of liberty, which prevailed among our forefathers ; humbUng the pride of experience, chastening the enthusiasm of youth, and graduating all minds to the same height of resolution and action. In the chaste and cohesive patriotism of that day, no mixture of personal ambition ever entered, to cormpt or divide the mass. These gentlemen were all characters of weight in the Colony ; so much so, that in all proceedings of a popular bearing, it was essen- tial to conciliate their interest. Their opposition, therefore, at this stage of their advances, was a source of real anguish to the more ardent chiefs of the reform party. Their repugnance, too, to the military proposition, was as unfeigned, as it was firm. They had never dreamed of carrying their resistance into more serious forms, than those of petition, remonstrance, and passive non-intercourse. Their expectations were yet warm and unclouded, of a final re- conciliation with the parent government ; and they shrunk, with OF THOMAS JEFFERSON* 77 unaffected horror, from any attitude, which might endanger that result. Their minds had not yet expanded beyond the restraints \}f education and deep-rooted prejudice ; and they chmg, with filial attachment, to the institutions and form of government, of the mother country. Most of them, moreover, were zealous Churchmen, ardently attached to the established reUgion of Great Britain ; and dreaded an avulsion from her, on that account, as from the anchor of their salvation. They directed the Avhole weight of their influ- ence, and exerted all the powers of their eloquence, to defeat the measure ; but their resistance was overborne by the im}^tuosity of that torrent, which poured from the lips of the affimialive champi- ons. The resohition was moved by Mr. Henry, and supported by him, by Mr. Jefferson, and the whole of that magnanimous host, which had achieved such miracles in council. They put their united resources into action ; and, by an effort of tremendous power, lx)re off the palm against the wisdom and pertinacity of the ad- versary corps. The proposition was earned ; and no sooner was the vote declared, than the opposing members, one and all. filed in with the majority, and lent their names to supply the blank in the resolution. They 'quickened their gait somewhat be)^ond that which theii" prudence had, of itself, advised,' and advanced boldly, to a line with their colleagues. Mr. Jefferson was also appointed on the committee to prepare the plan called for by the resolution. The committee met immediately ; and reported to the same Con- vention, a plan for embodying, arming, and disciplining the militia? which was likewise adopted. Thus did the Colony of Virginia arise and cover herself with the " impenetrable segis" of popular goveni- «rnments, — an army of citizen soldiers. This was a capital revolutionary movement. Besides the local advantages which it secured, it operated as a stimulus to the sister Colonies, and to Congress. But it was even more important as recognizing a fundamental principle. In the preamble to the reso- lution, which bears the broad stamp of Mr. Jefferson's sentiments, it is declared, ' that a well-regulated militia, composed of gentlemen and yeomen, is the natural strength and only security of a free government ; and. that a standing army^ of mercenary soldiers is subversive of tlie quiet, dangerous to the liberties, and burthen- some to the properties of the people.' 8 78 LIFE, WRITINGS, AND OPINIONS Having disposed of this trying subject, and transacted some other business of minor importance, the Convention proceeded to the election of Deputies to the ensuing Congress. They re-appointed the same persons ; and, foreseeing the probabihty that Peyton Ran- dolph would be called off, to attend a meeting of the House of Bur- gesses, of which he was Speaker, they made choice of Mr. Jeffer- son to supply the vacancy. To have been appointed, young as he was, a suljstitute of the President of Congress, was an evidence of the extraordinary estimate which was put upon his abilities. Last- ly, having provided for a re-election of Delegates to the next Con- vention, they came to an adjournment. We have now reached the precise date, May 1775, at which Mr. Jefferson consummated his creed ; that creed v/hich he so eloquently dictatedto Congress, one year after, and they so undaunt- edly proimdgated to the world. ' The God who gave us life, gave us liberty at the same lime,' was his first tenet ; ' the hand of. force may destroy, but cannot disjoin them,' was his last, his determined resolution. How beautifully consistent the profession, with the final resolve. The 'hand of force' had been upraised; the sword had been drawn at Lexington, and blood had been spilt. From that moment, all hope, not to say desire, of a peaceable accommodation, perished in his bosom. Strong as had been the ties of consan- guinity, which bound him to his British brethren, and none had ever felt or cherished them more fondly, his love of justice, honor, and the rights of humanity, were still stronger. Long had he re- turned affection for cruelty ; long had he striven, by the holy elo- quence of passive fortitude, and the holier eloquence of his untir- ing prayers, to re-establish fraternal love and harmony. But his ' repeated petitions had been answered only by repeated injuries,' un- til the merciless catalogue had been crimsoned with the blood of his countrymen. This fatal act had 'given the last stal3 to agonizing affection, and manly spirit bade him to renounce forever those un- feeling brethren.' 'We must endeavor, he then felt, to forget our former love for them, and hold tliem, as we hold the rest of man- kind, enemies in war, in peace friends.' The following letter, written at this time, exhibits the state of his own, and of the public mind, on the intelligence of the first hos- tilities. It is the earliest, in date, of his published Correspondence, OF THOMAS JEFFERSON. 79 and is addressed to his old college friend and preceptor, Dr. Wil- liam Small, then residing in England. " May 7, 1775. " Dear Sir, — Within this week we have received the mihappy news of an action of consideraljle magnitude, between the King's troops and our brethren of Boston, in which, it is said, five hundred of the former, with the Earl of Percy are slain. That such an action has occurred, is undouljted, though perhaps the circumstan- ces may not have reached us with truth. This accident has cut off our last hope of reconciUation, and a phrenzy of revenge seems to have seized all ranks of people. It is a lamentable circum- stance, that the only mediatory power, acknowledged by both par- ties, instead of leading to a reconciliation his divided people, should pursue the incendiary purpose of still blowing up the flames, as we find him constantly doing, in every speech and public declaration. This may, perhaps, be intended to intimidate into acquiescence, but the effect has been most unfortunately otherwise. A little knowledge of human nature, and attention to its ordinary work- ings, might have forseen that the spirits of the people here were in a state, in which they were more likely to be provoked, than fright- ened, by haughty deportment. And to fill up the measure of irri- tation, a proscription of individuals has iDeen substituted in the room of just trial. Can it be beheved, that a grateful people will suffer those to be consigned to execution, whose sole crime has been the developing and asserting theii- rights ? Had the Parlia- ment possessed the power of reflection, they would have avoided a measure as impotent as it was inflammatory. When I saw Lord Chatham's bill, I entertained high hope that a reconciliation could have been brought about. The difference between his terms, and those offered by our Congress, might have been accommodated, if entered on, by both parties, with a disposition to accommodate. But the dignity of Parhament, it seems, can brook no opposition to its povv^er. Strange, that a set of men, who have made sale of their virtue to the minister, should yet talk of retaining dignity ! But I am getting into pohtics, though I sat down only to ask your acceptance of the wine, and express my constant washes for your happiness." According to expectation, the General Assembly of Virginia was summoned by Governor Dunmore, to meet on the 1st day of June, '75 ; and Peyton Randolph was obhged to leave the chair of Congress, to attend as Speaker 'to that Assembly. Thus was created the anticipated vacancy in the congressional delegation, which Mr. Jefferson was so happily elected to fill. But he did not take his seat in that memorable body until some weeks after. A 80 LIFE, WRITfNGSy AND OPmiONS more imperious duty required his attention at home, just at that mo- ment. Lord Dunmore had paraded the Legislature before him, witia a mighty flourish of the graces, intimating that His Majesty^ in the plenitude of his royal condescension, had extended the "olive branch" to liis discontented subjects in America, and opened the door of reconciliation, upon such terms as demanded their grateful consideration and prompt acceptance. The olive branch of Diui- raore proved to be the famous "Conciliatory Proposition" of Lord North ; than which, a more insidious overture, or a more awkward attempt at diplomacy, never disgi^aced the annals of ministerial in- trigue. He immediately laid his budget before the Legislatui'e. with an air of great pomp and mystery. Happily, Mr. Jefferson was a member ; and he was entreated to delay his departure for Congress, until this exciting subject should have Ijeen disposed of. The Speaker, Randolph, knowing that the same proposition had been addressed to the Governors of all the Colonies, and anxious: that the answer of the Virginia Assembly, likely to be the first, should harmonize with the sentiments and wishes of the body he had recently left, persuaded Mr. Jefferson to remain at his post. '• He feared," says the latter, " that Mr. Nicholas, whose mind wa'S not yet up to the mark of the times, would undertake the answer, and therefore pressed me to prepare it." The import of this celel^rated Proposition was, that shoidd any Colony propose to contribute its proportion towards providing for the common defence, such proportion to be disposable hy Parlia- 'tnent^ and to defray the amount of its own civil list : such Colo- ny, should the proposal he approved by the parent government, should be exempted from all parliamentary taxes, except those for the regulation of commerce ; the nett proceeds of which should Ije passed to its separate credit. It was jjerceived, at once, that an official proposition from the British Court, so specious in its terms, and, at the same time, so mischievous in its designs, required a fundamental evisceration and reply. A committee of twelve, there- fore, of the strongest members, was raised, to devise the appropri- ate treatment ; and to Mr. Jefferson, who was one of the commit- tee, was assigned with one accord, the exclusive preparation of the instnmient. In what manner he executed the important charge confided to him, it would be almost superfluous to repeat. The OF THOMAS JEFFERSON. 81 admirable addi ess, with which he baffled the diplomacy of the Brit- ish minister, and unmasked the beauties of his vaunted ' Proposi- tion,' has been the theme of the historian, and the statesman, from that day to the present. The original draught was so strong, that even the Committee were in doubt ; and although they consented to report it, they attacked it with severity, in the House. ' But with the aid of Randolph,' says Mr. Jefferson, ' I carried it through ; with long and doubtful scruples from Mr. Nicholas and James Mercer, and a dash of cold water on it here and there, enfeebling it somewhat, but finally with unanimity, or a vote approaching it. ' In his answer, the author did not scruple to intimate to the Min- ister, that his proposition was perfectly understood on this side of the water. That its real object was to produce a division among the Colonies, some of which, it was supposed, would accept it. and forsake the rest ; or in failure of that, to afford a pretext to the people of England, for justifying the Government in the adop- tion of the most coercive measures. He declared, moreover, that having examined it in the most favorable point of view, he was still compelled, with pain and disappointment, to conclude, that it only changed the form of oppression, without lightening its bur- den ; and that therefore, he must meet it by a firm and unqualifi- ed rejection'of its terms. He said, that the proposal then made to them, involved the interests of all the Colonies, and should have been addressed to them in their collective capacity. They were then represented in a General Congress, composed of Deputies from all the States, whose union, he trusted, had been so strong- ly cemented, that no partial apphcation could produce the slightest departure from the common cause. They considered themselves as bound in honor, as well as interest, to share one general fate with their sister Colonies : and should hold themselves as base de- serters of the Union to which they had acceded, were they to agree to any measures of a separate accommodation. This cele- brated paper concludes, it appears, with a religious ejaculation ; the want of which, in some of the documents drawn by Mr. Jeflferson, has afforded a theme of unjust animadversion upon his views of the Divine superintendence. " These, my Lord, are our sentunents, on this important subject, which we offer only as an individual part of the whole empire. Final determination we leave to the General Congress, now sitting, before whom we shall lay the papers your lordship has communi- 82 LIFE, WRITINGS, AND OPINIONS cated to us. For ourselves, we have exhausted every mode of np- phcation, which our invention could suggest, as proper and promis- ing. We have decently remonstrated with Parliament^ — they have added new injuries to the old ; we have wearied our King with supplications — he has not deigned to answer us ; we have appeal- ed to the native honor and justice of the British nation — their ef- forts in our favor have hitherto teen ineffectual. What then re- mains to he done 'I That we commit our injuries to the even-hand- ed justice of that Being, who doeth no wrong, earnestly beseeching Him to illuminate the councils, and prosper the endeavors of those to whom America hath confided her hopes ; that through their wise directions, we may again see re-united the blessings of li)>erty. prasperity, and harmony with Great Britain." It may be considered fortunate, that Virginia took the precedence of the other Colonies, perhaps even of Congress, in replying to this deceptive overture ; and no less fortunate, that the business of pre- paring the answer, devolved on Mr. Jefferson. A less decisive and unequivocal stand, at the outset, would have admitted the entering wedge, and perhaps ended in utter disorganization. It is not among the least of the merits of this performance, that the ' Union' is kept in uppermost view throughout, and the word ' Congress' sounded in the ears of his lordship, at every step, telling him. that that Is the door at which he must knock with all his messages of ne- gociation. Better evidence, however, of the high character of this production, could not be given, than that, on Mr. Jefferson's repaii-- iug to Philadelphia, and conveying the first notice of it to Con gress, that enlightened body were so impressed with the ground taken, that they very soon adopted it, upon a slight revision by the author, as the concurrent voice of the Nation. This circumstance accounts for the similarity of feature in the two instruments. The one adopted by Congress will be given entire, in its proper place. Viewed in a political light, the present essay, like his ' Rights of British America,' proves the author's mind to have been indoctrinated, in the great principles of the Revolution, long before he wrote the Declaration of Independence. Its effect upon Lord Dunmore, may be infen-ed from his answer, a few days after its presentation to His Excellency. It was sufficiently laconic. " Gen- tlemen of the House of Burgesses — It is with real concern I can discover nothing in yom* address, that I think manifests the small- esi inclination to, or will be productive of, a reconciliation with the mother country." OF THOMAS JEFFERSON. 83 This was the last regal Assembly that ever met in Virginia. They adjourned on the 24th of June, '75, and the Governor could never afterwards collect a quorum. Himself, in a paroxysm of terror and despair, had some days before abandoned the palace, fled for refuge on board one of the British ships of war, and declared he would never return, unless they closed in with the conciliatory prop- osition of the Prime Minister. But the fearless and irrevocable sentence of a Jefferson was soon passed upon that ; and although His Excellency returned, the people would never afterwards receive liim, or reverence his authority. Thus crumbled to the dust, after having stood two centuries and a half, the baseless fabric of the monarchical power, in Virginia : and with it, " the wide arch of the raised empire fell." As this was the last, so was it the most important Assembly that was held under the royal government. By its decisions, a long stride was taken in advancement of the general cause. The ex- ample was electric upon the other Provinces, and was felt with awe in the great American Council. The influence of its proceedings upon the final catastrophe, is well remembered by an historian.* " The constant gratitude," says he, " of the American people, will, through every succeeding generation, be due to this Assembly of enlightened patriots. Had they, upon this occasion, have accepted of any partial terms of accommodation, favorable to themselves alone, and in exclusion of the rights of the other Colonies, or had they been less firm in repelling the aggressions of the Governor, or less able in defending their own liberties, the cause of American Independence might probably have terminated very differently from what it actuaUy did." The fall of the regal power in Virginia, commenced the literal verification of that blasting prophecy of Wilkes, in the House of Commons, the February before. But tlie 'loss of the first Prov- ince of empire' was not followed, as he hoped, with the 'loss of the heads of the Ministers.' In the course of one of the most vehe- ment and overwhelming onsets against Administration, and one of the most ardent and powerful discourses upon human liberty, every tittle of which was a prophecy, that intrepid defender of the rights of man uttered the following sentences. "In the great scale * Girardin. 84 LIFE, WRITINGS, AND OPINIONS of empire, you will decline, I fear, from the decision of this day ; and the Americans will rise to independence, to power, to all the greatness of the most renowned States ; for they build on the solid basis of general pubUc liberty." "If you persist in your resolution, all hope of reconciUation is extinct. The Americans will triumph — the whole continent of North America will be dismembered from Great Britain, and the wide arch of the raised empire fall. But I hope the just vengeance of the people will overtake the authors of these pernicious counsels, and the loss of the first Province of the empire, be speedily followed by the loss'of the heads of those Min- isters who first invented them." CHAPTER IV. On the 21st of June, 1775, Mr. Jefferson took his seat in the grand Council of select Arbiters, to whom America had committed the direction of her united destinies. In the origination of this Council, he had exercised a leading agency; and through the whole process of its establishment, he had persevered, with all that ardor, which the force of his opinions uniformly engendered in the pur- suit of great public enterprises. The emotions with which he en- tered upon this new scene, the object of his steadfast devotion, and the subject of an early, fixed, and animating presentiment, may well be imagmed. Here indeed, were centered all those expectations for his country, and for mankind, which had enabled him to sur- mount past emergencies with ease, and which braced him for a ter- rible futurity. His fame had preceded him. The novelty and ex- traordinary boldness of his revolutionary papers, had marked him as a prodigy in political ethics. He brought with him, also, a high reputation for literature, science, and a singular talent for composi- tion. " Writings of his," says John Adams, " were handed about, remarkable for their peculiar felicity of expression." These circum- stances made him an object of curiosity among the members. His presence was courted. Curiosity was soon changed into admiration ; and admiration, in many instances, ripened into attachments, OB" tHOMAS JEFFERSON. 85 which, cherished by his \varm and tenacious sensibiUties, the fiercest conflicts of opinion were never afterwards permitted to extinguish. In the language of the same distinguished cotemporary, and one who could feehngly attest the last observation, "he seized upon my heart." The sentiment was reciprocal. He was now ushered upon a theatre, broad enough to match his own standard of thought, and de- sire of action. His patriotism had comprehended the whole territo- ry of British America, and would stop at nothing short. The Union had had its birth place in his capacious mind. It had been first breathed from his lips. He had pointed to it, in all his propositions ; and hurled it in defiance, at tiie British Premier. The consolidation of the moral and physical energies of the continent, was the first object of his ambition ; and that object was now in a fair course of accomplishment. The scene, moreover, was exquisitely adapted to his intellectual taste. Here was the great arena for the attack and defence of prin- ciple. The cool champions of reason, and the hghtning sons of eloquence were gathered to the combat ; and momentous questions of political law were required to be discussed. Noav was the time, thought he, which should try the 'creeds' as well as the souls of men. On one side, was the full grown partisan of revolution ; on the other, the hngerhig adherent of conciliation. Here, were the •half-way guests' of John Dickinson — there, the whole length 'fol- lowers of their own reason ;' the fervid impetuosity of youth, and the frigid caution of old age, were there ; yet all assembled in solemn array, around a conmion altar, and ready to swear eternal cohesion upon one point, — that of a common deliverance or a common ruin. The materials were worthy the occasion, and the results were pro portioned to both. The triumph of reason was signal and over- Avhelming. The decisions of that Assembly have long since passed into political axioms. They are revered as authority, at this day, and are dictating, in awful majesty, to the trembling autocrats of the earth. Congress had been in session about six weeks when Mr. Jeffer- son arrived ; yet an opportunity had been reserved, in anticipation, for impressing the tone of his sentiments upon the most important State-paper that had yet been meditated. On the 24th of June, the committee which had been appointed 86 LIFE, WRITINGS, AND OPINIONS to prepare a Declaration, of the causes of taking up armSf brought in their report. The report, being disapproved Ijy the ma- jority, was recommitted, and Mr. Jefferson and Mr. Dickinson were added to the committee. This document was designed as a mani- festo to the world, justificatory of their resistance to the parent gov- ernment, and required a sound and skillful disposition. The com- mittee requested Mr. Jefferson to execute the draught. He excused iiimself ; but on their pressing him with urgency, he consented. He brought it from his study, and laid it before the committee. It was too strong for Mr. Dickinson, as was anticipated by the writer. He still retained the hope of reconciliation with the mother country, and was unwilling it should be lessened by offensive statements. " He was so honest a man," says our reminiscent,, "and so able a one, that he was greatly indulged even by those who could not feel his scruples." They therefore requested him to take the paper, and re-mould it according to his own views. He did so : preparing an entire new statement, and retaining of the former draught, only the last four paragraphs and half of the preceding one. The commit- tee approved and reported it. In Congress, it encountered the shrugs and grimaces of the revolution party, in every quarter of the House ; and the desire of unanimity, ever predominant, was the only mo- tive which silenced theii- repugnance to its lukewarmness. A hu^ morous circumstance attending its adoption, is related by Mr. JeiTei-- son. It shows the great disparity of opinion which prevailed in that body, and the mutual sacrifices which were constantly required to preserve an unbroken column. " Congress gave a signal proof of their indulgence to Mr. Dick- inson, and of their great desire not to go too fast for any respectable part of our l^ody, in permitting him to draw their second peti- tion to the King, according to his own ideas, and passing it with scarcely any amendment. The disgust against its humility was general ; and Mr. Dickinson's delight at its passage was the only circumstance which reconciled them to it. l^he vote being passed, although further observation on it was out of order, he could not re- frain from rising and expressing his satisfaction, and concluded by saying, ' There is but one word, Mr. President, in the paper which I disapprove, and that is the word Congress ; on which Ben Harri- son rose and said, ' There is but one word in the paper, Mr. Presi- dent, of which I approve, and that is the word Congress.^ " This production enjoys a high reputation. The fact that Mr. Jefferson had any agency in its preparation, or that so strong a dis- OP THOMAS JEFFERSON. 87 crimination of sentiment existed in the Congiess of '75, has never been stated by any writer ; nor indeed have any of those interest- ing minutiae, connected with our ancient history, come to the hght, until since the pubUcation of his private 'memoranda.' As a Uter- ary performance, and as a specimen of revolutionary fortitude, al- most incredible, the effect of which was to charge the entire re- sponsibility of the war upon Great Britain, it possesses great merit. But in a political point of view, it is insufferably tame and humilia- ting ; though even in that light, it was the best, perhaps, that the circumstances of the times allowed, inasmuch as it coincided \vith the sentiments of the great majority of the American people. It abandoned the whole ground which Mr. Jefferson had taken in his draught, the ground which he had uniformly maintained in his pre- vious writings, and the one which Congress themselves adopted, the next year, as the only orthodox and tenable statement of their cause. It intimated a desire for an amicable compact, something like Mag- na Charta, in which doubtful, undefined points should be ascertain- ed, so as to secure that proportion of authority and liberty, which would be for the general good of the whole empire. It claimed only a partial exemption from the authority of Parliament ; ex- pressed a willingness in the Colonies to contribute, in their own way, to the expenses of government ; but made a traverse, at last, in preferring the horrors of war, to submission to the unlimited su- premacy of Parliament.* Such were the doctrines which influenced a very great majority of Congress, and so continued for a twelve-month. The actual revolutionists were a feeble body in the House. The decision of character requisite to assume a posture so heretical at this time, and so pregnant with the auguries of woe, desolation and death, appear- ed almost supernatural. It was enjoyed by few even of that race of men. The opinions which Mr. Jefferson had advanced at the outset, contained the essence of independence ; and the ardor of his convictions had, as on all other occasions, excited a corresponding tenor of action. The eye of reason and philosophy, with which he viewed the contest, presented to him the strangest inconsisten- cies in the antagonist opinions ; and it was a part of his religion to postpone no principle of right to the principle of expediency, farther * Raftisay. 88 LIFE) WRITINGS, AND OPINIONS than was indispensable to the maintenance and greatest good of that right. It is not surprising, therefore, that he was 'disgusted' with the nature of those grounds upon which the majority chose to submit tlieir cause to the umpirage of the world. But he knew, that public opinion was the only force which America possessed, and, that that was ' growing apace under the fostering hand of the King and Parliament.' He therefore, suljmitted with patience to the res- traints which its present condition imposed. Nor is it to be inferred, that even he aimed at independence as a measure desirable in the abstract ; but as an awful alternative only, — a matter of the last resort. In this spirit, he had mingled with his protestations of right, and his solemn asseverations of eternal resistance, expressions of a cordial desire for a re-establishment of the union, upon a just and equitable basis. But such an union, he had long been convinced was not within the most distant contemplation of the British Court ; and those expressions were retained by him, more as a matter of form than any thing else. After stating the grounds upon which they rested the justification of their appeal to arms, the manifesto concludes in the language of Mr. Jefferson's draught. It is worthy of remark, that, while all historians have concurred in ascribing the entire production to Mr. Dickinson, they have, at the same time, generally quoted only Mr. Jefferson's conclusion, " We are reduced to the alternative of choosing an unconditional submission to the tyranny of irritated ministers, or resistance by foree — the latter is our choice. We have counted the cost of this contest, and find nothing so dreadful as voluntary slavery. Hon- or, justice, and humanity, forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our inno- cent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them, if we basely entail hereditary bondage upon them. " Our cause is just. Our union is perfect. Our internal resour- ces are great ; and, if necessary, foreign assistance is undoubtedly attainable. We gratefully acknowledge, as signal instances of the Divine favour towards us, that his providence would not permit us to be called into this severe controversy, until we were grown up to our present strength, had been previously exercised in warlike operation, and possessed of the means of defending ourselves. With hearts fortified with these animating reflections, we most solemnly, before God and the world, declare^ that, exerting the ut- most energy of those powers, which our beneficent Creator hatli OP THOMAS JEFFERSON. S9\ •graciously bestowed on us, the arms we have been compelled by <3ur enemies to assume, we will, in defiance of every hazard, with unabating firmness and perseverance, employ for the preservation of our liberties ; being with one mind resolved to die freemen, rath- er than to live slaves. " Lest this declaration should disquiet the minds of our friends ■and fellow subjects in any part of the empire, we assure them, that wo mean not to dissolve that union which has so long and so hap- pily subsisted between us, and which we sincerelj^ wish to see restor- ed — necessity has not yet driven us into that desperate measure, or induced us to excite any other nation to war against them — we have not raised armies with ambitious designs of separating from Great Britain, and establishing independent States. We fight not for glo- ry or for conquest. We exhibit to mankind the remarkable spec- tacle, of a people attacked by unprovoked enemies, without any im- putation or even suspicion of offence. They boast of their privile- ges and civilization, and yet proffer no milder conditions than ser- vitude or death. "In our own native land, in defence of the freedom that is our birth right, and which we ever enjoyed until the late violation of it — for the protection of our property, acquired solely by the honest industry of our forefathers and ourselves, against violence actually offered, we have taken up arms. We shall lay them down when hostilities shall cease on the part of the aggressors, and all danger of their being renewed shall be removed — and not before. " With an humble confidence in the mercies of the Supreme and impartial Judge and Ruler of the universe, we most devoutly implore his divine goodness to protect us happily through this great conflict, to dispose our adversaries to reconciliation on reasonable terms, and thereby to relieve the empire from the calamities of civil war." This declaration was published to the army by General Wash- ington ; and proclaimed from the pulpit, with great solemnity, by the ministers of religion. On the 22d of July, Congress took into consideration Uie Concil- iatory Proposition of Lord North. This was a final measure, and it is said, they delayed their answer, under pretext of dignity, with a view to wait the event of the first actions, from which they might di'aw some prognostics of the probable issue of the war. However this may be, they exercised great discrimination in constituting the committee, who should prepare the instrument. Being elected by ballot, the number of votes which each received, decided his station on the committee — which was in the following order: Dr. Franklin, Mr. Jefferson, John Adams and Richard H. Lee. A stronger com- mittee could not have been raised in that House. It combined the 9 90 LIFE, WRITrNGS, AND OPINIONS greatest maturity of judgment, with the soundest revohitionary prin- ciples. It was a signal compliment to Mr. Jefferson, who was Ijut a new member, and the youngest man in the whole body. The an- swer of the Virginia Assembly, upon the same subject, having been known and admired, the committee requested its distinguished au- thor, to prepare the present report. He consented ; and, as before observed, made his reply on the former occasion, the basis of this. Being intimately blended v\^ith the reputation of the writer, and the next in importance among our revolutionary papers, to his own 'Declaration,' it requires a place in this volume. "The Congress took the said resolution into consideration, and are tliereupon of opinion : " That the Colonies of America are entitled to the sole and ex- clusive privilege, of giving and granting their ov.'n money ; that this involves a right of deliberating, v^hether they will make any gift, for what purpose it shall be made, and what shall be its amount ; that it is a high breach of tliis privilege, for any body of men, ex- traneous of their constitutions, to prescribe the purposes for which money shall l3e levied on them ; to take to themselves the authori- ty of judging of their conditions, circumstances, and situations, and of determining the amoimt of the contributions to be levied ; and that, as the Colonies possess a right of appropriating their gifts, so are they entitled, at all times, to inquire into their application, to see that they are not wasted among the venal and corrupt, for the pur- pase of undermining the civil rights of the givers, nor yet. be divert- ed to the support of standing armies, inconsistent \vith freedom and subversive of theii' quiet. " To propose, therefore, as this resolution does, that the monies, given by the Colonies, shall be subject to the disposal of Parliament alone, is to propose, that they shall relinquish this right of inquiry, and put it in the power of others, to render their gifts ruinous, in proportion as they are liberal "That this privilege, of giving, or of withholding our monies, is an important barrier against the undue exertion of prerogative, which, if left altogether without control, may he exercised to our great oppression •, and all history shows hov/ efficacious is its inter- cession for redress of grievances, and re-establishment of rights, and liow improvident it wou!d 1)6, to part with so powerful a mediator. "We are of opinion, that the proposition, contained in this reso- lution, is unreasonable and insidious. Unreasonable ; because, if we declare we accede to it, we declare, without reservation, we will purchase the favor of Parliament, not knomng, at the same time, at what price they will please to estimate their favor. Insidious ; be- cause, individual Colonies, having bid and bidden again, till they OF THOMAS JEFFERSON. 91 find the avidity of the seller too great for all their powers to satisfy, are then to return into opposition, divided from their sister Colonies, whom the Minister will have previously detached, by a grant of easier terms, or l)y an artful procrastination of a definitive answer. " That the suspension of the exercise of their pretended power of taxation, jjeing, expressly, made commensurate with the continu- ance of our gifts, these must be perpetual to make that so. Where- as, no experience has shown, that a gift of perpetual revenue se- cures a perpetual return of duty, or of kind disposition. On the contrary, the Parliament itself, wisely attentive to the observation, is in the estaljlished practice of granting its supplies from year to year only. " Desirous and determined as we are, to consider, in the most dis- passionate view, every seeming advance, towards a reconciliation, made by the British Parliament, let our brethren of Britain reflect, what would have been the sacrifice to men of free spirits, had even fair terms been proflfered, as these insidious proposals were, with cir- cumstances of insult or defiance. A proposition to give our money, accompanied with large fleets and armies, seems addressed to our fears, rather than to our freedom. With what patience, could Brit- ons have received articles of a treaty, from any power on earth, when borne on the point of a l^ayonet, by military plenipotentiaries ? We think the attempt unnecessary to raise vipon us, by force or by threats, our proportional contributions to the common defence, when all know, and themselves acknov/ledge, we have fully contributed, whenever called upon to do so, in the character of freemen. "We are of opinion it is not just, that the Colonies should be re- quired to ol>lige themselves to other contributions, while Great Brit- ain possesses a monopoly of their trade. This of itself lays them under heavy contril^ution. To demand therefore additional aids, in the form of a tax, is to demand the double of their equal proportion. If we contribute equally with other parts of the empire, let us, equally with them, enjoy free commerce with the whole vi^orld : but while the restrictions on our trade shut to us the resources of wealth, is it just, we should bear all other burdens, equally Avith those to whom every resource is open ? " We conceive, that the British Parliament has no right to inter- meddle with our provisions for the support of civil government, or administration of justice. The provisions we have made are such as please ourselves, and are agreeable to our own circumstances. They answer the substantial purposes of government, and of jus- tice ; and other purposes than these should not be answered. We do not mean, that our people shall l3e burdened, with oppressive tax- es, to provide sinecures for the idle or the wicked, under color of pro- viding for a civil list. While Parliament pursue their plan of civil government, within their own jurisdiction, we, also, hope to pursue ours, without molestation. 92 LIFE, WRITINGS, AND OPINIONS " We are of opinion, the proposition is altogether unsatisfactory ; because it imports only a suspension of the mode, not a renuncia- tion of the pretended right, to tax us : because, too, it does not pro- pose to repeal the several acts of Parliament, passed for the pur- poses of restraining the trade, and altering the form of government of one of our Colonies ; extending the boundaries, and changing the government of Quebec ; enlarging the jurisdiction of the courts of admiralty and vice-admiralty ; taking from us the right of a trial by jury of the vicinage, in cases affecting both hfe and property } transporting us into other countries, to be tried for criminal ofiences ; exempting, by mock trial, the murderers of Colonists from punish- ment ; and quartering soldiers on us, in times of profound peace. Nor do they renounce the power of suspending our own Legisla- tures, and legislating for us themselves, in all cases whatsoever. On the contrary, to show they mean no discontinuance of injury, they pass acts, at tlie very time of holding out this proposition, for restrain- ing the commerce and fisheries of the Provinces of New-England ; and for interdicting the trade of other Colonies, with all foreign na- tions, and with each other. This proves unequivocally, they mean not to relinquish the exercise of indiscriminate legislation over us. " Upon the whole, this proposition seems to have been held up to the whole world, to deceive it into a belief, that there was nothing in dispute between us, but the mode of levying taxes ; and that the Parliament having been now so good as to give up this, the Colonies are unreasonable, if not perfectly satisfied. Whereas, in truth, our adversaries still claim a right of demanding, ad UhiUini, and of taxing us themselves, to the full amount of their demand, if we do comply with it. This leaves us without any thing we can call property : but, what is of more importance, and what, in this pro- posal, they keep out of sight, as if no such point was now in contest, between us, they claim a right to alter our charters, and establish laws, and leave us without any security for our lives or liberties. " The proposition seems, also, to have been calculated, more par- ticularly, to lull into fatal security, our weU-affected fellow subjects, on the other side of the water, till time should be given, for the op- eration of those arms, which a British minister pronounced would, instantaneously, reduce the cowardly sons of America, to unreserv- ed submission. But, when the world reflects, how inadetiuate to justice are these vaunted terms ; when it attends to the rapid and bold succession of injuries, which, during a course of eleven years, have l)een aimed at the Colonies : when it reviews the pacific and respectful expostulations, which, during that whole time, were the sole arms we opposed to them ; when it observes, that our complaints were either not heard at all, or were answered with new and accu- mulated injuries ; when it recollects, that the minister himself, on an early occasion, declared, " that he would never ti"eat with Amer- OF THOMAS JEFFERSON. 93 ica, till he had brought her to his feet ;" that an avowed partisan of ministry has, more lately, denounced against us the dreadful sen- tence " delenda est Carthago ;" and that this was done, in pres- ence of a British Senate, and being unreproved by them, must be taken to be their own sentiments, especially as the purpose has al- ready, in part, been carried into execution, by their treatment of Bos- ton, and burning of Charlestown ; when it considers the great ar- maments, with which they have invaded us, and the circumstances of cruelty, with which these have commenced and prosecuted hos- tilities ; when these things, we say, are laid together, and attentively considered, can the world be deceived into an opinion, that we are unreasonable ? Or can it hesitate to believe with us, that nothing, but our own exertions, may defeat the ministerial sentence of death, or abject submission ?" On the first of August, Congress adjourned, to meet again on the 5th of September following. Although Mr. Jefferson had been in Congress but little over a month, and a silent member, he had erected a more durable monu- ment to his fame, than any of his colleagues ; and stood on an emi- nence not inferior to the chiefest among the chiefs of that Olympic Assembly. The following letters, which he addressed at this crit- ical time, to a friend in England, are a couple of rare revolutionary fragments. They should be preserved as religious relics ; not only in veneration of the man, his pacific disposition, and his sleepless efforts for the restoration of tranquillity, with, though not without, a restoration of the just rights in question ; but also in remembrance of the character of that struggle which fills so sacred a page in our history. They show how little there was of any thing but princi pie, which entered into the motives of a principal actor, and one who was proscribed as an unpardonable among the movers of the rebellion. " Monticello, August 25, 1775. •' Dear Sir,— I am sorry the situation of our country should ren- der it not eligible to you to remain longer in it. I hope the return- ing wisdom of Great Britain will, ere long, put an end to this un- natural contest. There may be people to whose tempers and dis- positions, contention is pleasing, and who, therefore, wish a con- tinuance of confusion ; but to me, it is of all states but one, the most horrid. My first wish is a restoration of our just rights ; my second, a return of the happy period, when, consistently with duty, I may withchaw myself totally from the public stage, and pass the rest of my days in domestic ease and tranquillity, banishing 9* 94 LIFE, WRITINGS, AND OPINIONS every desire of ever hearing what passes in the world. Perhaps, (for the latter adds considerably to the warmth of the former wish,) looking with fondness towards a reconciliation with Great Britain^ I cannot help hoping yon may be able to contribute towards ex- pediting this good work. I think it must be evident to yourself, that the Ministry have been deceived by their officers on this side of the water, who (for what purpose, I cannot tell) have constantly represented the American opposition as that of a small faction, in which the body of the people took little part. This, you can in- form them, of your awn knowledge, is untrue. They have taken it into theu- heads, too, that we are cowards, and shall surrender at discretion to an armed force. The past and future operations of the war luust confirm or undeceive them on that head. I wish they were thoroughly and minutely acquainted with every circum- stance relative to America, as it exists in truth. I am persuaded, this would go far towards disposing them to reconciliation. Even those in Parliament who are called friends to America, seem to know nothing of om* real determinations. I observe, they pronounced in the last Parliament, that the Congress of 1774, did not mean to insist rigorously on the terms they held out, but kept something in reserve, to give up ; and, in fact, that they would give up every thing but the article of taxation. Now, the truth is far from this, as I can affirm, and put my honor to the assertion. Their con- tinuance in this error may perhaps produce very ill consequences. The Congress stated the lowest terms they thought possible to be accepted, in order to convince the world they were not unreasonable. They gave up the monopoly and regulation of trade, and all acts of Parliament prior to 1764, leaving to British generosity to ren- der these, at some future time, as easy to America, as the interest of Britain would admit. But this was before blood w^as spilt: I cannot affirm, but have reason to think, these terms would not now be accepted. I wish no false sense of honor, no ignorance of our real intentions, no vain hope that partial concessions of right will be accepted, may induce tlie Ministry to trifle with acconmio- dation, till it shall be out of their power ever to accommodate. If, indeed, Great Britain, disjoined from her Colonies, be a match for the most potent nations of Europe, with the Colonies thrown into their scale, they may go on securely. But if they are not as- sured of this, it would be certainly unwise, by trying the event of another campaign, to risk our accepting a foreign aid, which per- haps may not be obtamable, but on condition of everlasting avul- sion from Great Britain. This would he thought a hard condition to those who still wish for re-union with their parent country. I am sincerely one of those ; and would rather be in dependence on Great Britain, properly hmited, than on any nation upon earth, or than on no nation. I3ut I am one of those, too, who, rather thait OF THOMAS JEFFERSON 93 submit to the rights of legislating for us, assumed by the British Parliament, and which late experience has shown they will so cru- elly exercise, would lend my hand to sink the whole island in the ocean. If undeceiving the Minister, as to matters of fact, may change his disposition, it will perhaps be in your power, by assisting to do this, to render service to the whole empire at the most critical time, certainly, that it has ever seen. Whether Britain shall con- tinue the head of the gieatest empire on earth, or shall return to her original station in the poUtical scale of Europe, depends, per- haps, on the resolutions of the succeeding winter. God send they may be wise and salutary for us all. I shall be glad to hear from you as often as you may l^e disposed to think of things here. You may be at liberty, I expect, to communicate some things, coiivsis- tently with your honor and the duties you will owe to a protecting nation. Such a communication among individuals may be mu- tually beneficial to the contending parties. On this or any future occasion, if 1 affirm to you any facts, your knowledge of me will enable you to decide on their credibility ; if I hazard opinions on the dispositions of men or other speculative pomts, you can only know they are my opinions. My best wishes for your felicity at- tend you wherever you go ; and believe me to be, assuredly, your friend and servant." "Philadelphia, Nov. 29, 1775. "Dear Sir, — * ***** It is an immense misfortune to the whole empire, to have a King of such a disposition at such a time. We are told, and every thing proves it true, that he is the bitterest enemy we have. His Minister is able, and that satisfies me, that ignorance or wickedness somewhere, controls him. In an earlier part of this contest, our petitions told him, that from our King there was but one appeal. The admonition was despised, and that appeal forced on us. To undo his empire, he has but one truth more to learn : that, after colonies have drawn the sword, there is but one step more they can take. That step is now pres- sed upon us by the measures adopted, as if they were afraid we would not take it. Beheve me, dear Sir, there is not in the British empire a man who more cordially loves a union with Great Brit- ain than I do. But, by the God that made me, I mil cease to exist before I yield to a connection on such terms as the British Parliament propose ; and in this, I think I speak the sentiments of America. We v.^ant neither inducement nor power to declare and assert a separation. It is wilt alone which is wanting ; and that is growing apace under the fostering hand of om- King. One bloody campaign will probably decide everlastingly our future course ; I am sony to find a bloody campaign is decided on. If 96 LIFE, WRITINGS, AND OPINIONS our winds and waters should not combine to rescue their shores from slavery, and General Howe's reinforcement should arrive in safety, we have hopes he will be inspirited to come out of Boston and take another dmbbing ; and we must drub him soundly , before the sceptred tyrant will know we are not mere brutes, to crouch under his hand, and kiss the rod, with which he deigns to scourge us. Yoursj &c. Mr. Jefferson was re-elected to Congress in August, 1775, and again in June, '76 ; continuing a member of that body, without in- termission, until he resigned his seat in September, '76. During his absence however, at Philadelphia, he was not inat- tentive to the affairs of his native State. He maintained a con- stant correspondence with the patriot leaders in that Province, par- ticularly Mr. Wythe, and stimulated them, if any stimulus was wanting, to the strongest measures of political enfranchisement. Having headed the principal movements in Virginia, of a civil character, he exercised a preponderating influence in her councils. That State also, he was aware, constituted so important a link in the Union, that it would be difficult for any part to go wrong, if she went right. She had given birth to the most prominent meas- ures in the Continent, of a general character ; and her precedent was deemed authority in the Federal Council. The examples with which she was now about to arouse their attention, were more decisive, than any she had hitherto presented ; and he felt an in- vincible anxiety to participate in bringing them forward, to the best advantage. The dissolution of the regal, and substitution of the popular, administration in Virginia, was unattended by a single spasm. But as yet, no settled form of government had been established. There was no Constitution, and no distinct Executive head. The legislative, judiciary, and executive functions, were all lodged in one body — the Colonial Convention. This was the grand deposi- tory of the whole pohtical power in the Province. Although con- fined to his station in Congress, and oppressed with the cares of the general administration, Mr. Jefferson could not overlook, in silence, the dangers to be apprehended from so jarring a combination of fundamental powers, in the political establishment of Virginia ; and he exerted his influence to procure a more perfect organization, at the meeting of the next Convention. OP THOMAS JEFFERSON. 9f The Convention assembled at Williamsburg, on the 6th of May, 1776, when the vices of the existing system were removed, by the adoption of a Declaration of Rights, and a Constitution, which have existed, without alteration, from that day until within a few years past. The subject was brought forward on the 15th of May, by Colonel Archibald Cary, a man of herculean stature, and force of character, who moved the appointment of a commit- tee ' to prepare a declaration of rights and plan of government, to maintain peace and order in the Coloii}^, and secure substantial and equal liberty to the people.' Whereupon a committee of thirty-four persons was appointed, consisting of the wisest heads and firmest hearts of Virginia ; of whom, that veteran republican, George Mason, who was himself a host, was one. The question now arises which has been so often agitated — What particular agency, if any, had Mr. Jefferson, in the formation of the Virginia Constitution ? He was distant from the scene of the Convention, and immersed in the complicated duties of his offi- cial station. This question has, within a few years, been put to rest by Mr. Girardin, in his Continuation of Burke's History of Virginia. This gentleman had free access to Mr. Jefferson' spapers, while compiling his history, and has presented the matter in a clear light. It appears that the entire Preamhle, and some portions of the body of the instrument, are the production of Mr. Jefferson ;. but the bulk of the Constitution, including the Declaration of Rights, is the work of George Mason. Eager upon the great work of Political Reformation, the former had composed, at Philadelphia, and transmitted to his friend Mr. Wythe, the draught of an entu-e system of government, comprehending a Preamble, Declaration of Rights, and Constitution. But his plan was not received until the previous one had gone through a Committee of the whole, and been submitted to the Convention for their final sanction. It was then too late to adopt it entire. " Mr, Jefferson's valuable commu- nication," says Mr. Girardin," reached the Convention, just at the moment when the plan originally drawn up by Colonel George Mason, and afterwards discussed and amended, was to receive the final sanction of that venerable body. It was now too late to re- trace previous steps ; the session had already been uncommonly la- 98 LIFE, WRITINGS, AND OPINIONS borious ; and considerations of personal delicacy hindered those,* to whom Mr. Jefferson's ideas were imparted, from proposing or urging new alteiations. Two or three parts of his plan, and the whole of his Preamble, however, were adopted ; and to this circum stance, must be ascribed the strong similitude between the Pream- ble, and the Declaration of Independence, subsequently issued by the Continental Congress, both having been traced by the same pen." In the Life of Patrick Henry, it is also stated :t ' There noAV ex- ists aniong the archives of this State, an original rough draught of a Constitution for Virginia, in the hand writing of Mr. Jefferson, containing this identical Preamble. The l^ody of the Constitu- tion had been adopted ])y the committee of the whole, before the ar- rival of Mr. Jefferson's plan : his Preamble, however, was prefixed to the instrument ; and some of the modifications proposed by him, introduced into the body of it.' The Constitution was adopted unanimously, on the 29th of June, 1776 ; and to that date may be referred the first establish- ment of self-government, l)y a written compact, in the western con- tinent, and probably in the whole Avorld. It formed the model for all the other States, as they successively recovered themselves from the parent monarchy ; and they were not slow in doing this. The example of Virginia was soon followed by the other Provinces, and the popular administrations succeeded to the regal, with astonishing rapidity. The part which Mr. Jeflerson took in this important transaction, cannot be sufficiently admired. It happened on the eve of the mo- mentous proceedings upon Independence, in Congress ; and in the midst of the busy preparation for that all-absorbing question. But tlie freedom and prosperity of his native State lay nearest to his heart. His watchful spirit hovered over her, with the protecting care * Tlie historian hero alludes to Mr. Wythe, and cites his answer to Mr. Jef- ferson, as follows : " VVlien I came here the plan of Government had been committed to the whole House. To those who had the chief hand in forming it, the one you put into my hands was shewn. Two or three parts of this, were, with little altera- tion, inserted in that ; but such was the impatience of sitting long enough to discuss several important points in which they differ, and so many other mat- ters were necessarily to be dispatched before the adjournment, that I was per- suaded the revision of a subject the members seemed tired of, would at that time have been unsuccessfully proposed. — The system agreed to, in my opinion^ requires reformation. In October, I hope you will effect it." t Page 196, Note. OP THOMAS JEFFERSON. 99 of a tutelary genius. When, therefore, he saw her righting herself into the noble attitude of Independence, he strove to reach forth a helping arm and to throw the whole weight which his situation allowed him to command, into that scale of her power which should embody the greatest amount of repubhcanism in the operation. He saw, that the step she was then about to take, would decide ev- erlastingly her political course ; perhaps, too, the everlasting political course of the whole country. He was anxious, therefore, that it should partake as thoroughly of the popular spirit, as the state of public opinion would admit. The system which was adopted, was more aristocratical in its features, than the one which he proposed, and less perfect as a whole. But the merits of his plan will be more particularly discussed in a future chapter. Meanwhile, the following paragraph, in a letter to Major John Caitwright, in 1824, will suffice to show the general light in which he viewed the first republican charter, as well as the extent to which he carried his de- mocratic theory, in 1776. " Virginia, of which I am myself a native and resident, was not only the first of the States, but, I beheve I may say, the first of the nations of the earth, which assembled its wise men peaceably to- gether, to form a fundamental constitution, to commit it to writing, and place it among their archives, where every one should be free to appeal to its text. But this act was very imperfect. The other States, as they proceeded successfully to the same work, made suc- cessive improvements ; and several of them, still further corrected by experience, have, by conventions, still further amended their first forms. My own State has gone on so far with its jpremiere ehauche; but it is now proposing to call a convention for amend- ment. Among the other improvements, 1 hope they will adopt the subdivision of our counties into wards. The former may be estima- ted at an average of twenty-four miles square ; the latter should be about six miles square each, and would answer to the hundi-eds of your Saxon Alfred. In each of these might be, 1, An elementary school. 2. A company of militia, with its officers. 3. A justice of the peace and constable. 4. Each ward should take cai"e of their own poor. 5. Their own roads. 6. Their oAvn police. 7. Elect witliin themselves one or more jurors to attend the courts of justice. And, 8. Give in at their Folk-house, their votes foF all functionaries reserved to their election. Each ward would thus be a small repub- lic within itself, and every man in the State would thus become an acting member of the common government, transacting in person a great portion of its rights and duties, subordinate indeed, yet impoi^ tant and entirely within his competence. The wit of man cannot 100 LIFE, WRITINGS, AND OPINIONS devise a more solid basis for a free, durable, and well-administered Repaljlic." This was the remarkable extent to which Mr. Jefferson carried his theory of representative government at the first 'leap.' That he had imbibed these doctrines so early as '76, is evident ; for in his celebrated Revisal of the Laws of Virginia, commenced in the au- tumn of that year, he introduced a proposition for dividing the whole State into wards of six miles square, and for imparting to each, those identical portions of self-government above described. This curious fact will be more fuUy developed in the sequel. But this Convention aspired to a higher agency in directing the course of the Revolution. The same hour which gave birth to the proposition for establishing the new government, was signalized by the adoption of a recommendation, which pointed directly to the grand object of the struggle. The resolution containing it, was conceived in the following terms : "Resolved, unanimousli/, That the Delegates appointed to rep- resent this Colony in General Congress, be instructed to propose to that respectable body, to declare the United Colonies free AND INDEPENDENT States, absolvcd from all allegiance to, or de- pendance upon, the Crown or Parliament of Great Britain ; and that they give the assent of this Colony to such declaration, and to whatever measures may l^e thought proper and necessary by the Congress, for forming foreign alliances, and a confederation of THE Colonies, at such time, and in the manner, as to them shall seem Isest. Provided, that the power of forming government for, and the regulation of, the internal concerns of each Colony, be left to the respective Colonial Legislatures." The intelligence of this auspicious denouement, was received with a general feehng of approbation throughout the country, and in many places, with the liveliest demonstrations of joy. It was the signal for corresponding manifestations in most of the Provincial Legislatures, and in the course of a short period, a great majority of the Representatives yi Congress, were instructed to the same efTect. The burning theme of Independence was thus echoed and re-echo- ed from one Colony to another, and thundered upon the attention of the people, in unremitting peals. At this propitious moment, the gallant author of ' Common Sense' lighted his fiercest torch, and discharged a tremendous battery into the public mind ; animating the torpid reins of the loyahst, and instilling new phrensy into the aching bosom of the patriot. The OF THOMAS JEFFERSON. 101 «iflbi'ts of this unrivaled propagandist, were powerfully reinforced by those solid appeals to the reason and conscience, which were propounded to individual characters of weight, in different sections, through the dignified medium of Private Correspondence. This was the great political lever of Mr. Jefferson ; and upon this, as upon all other occasions, its power, in application to the moral, was like that of Archimedes to the material, world. These active moral caus- e favorable, by waiting the event of the present campaign, wliich we all hoped would be successful, we should have reason to expect an aUiance on better terms : " That this would in fact work no delay of any effectual aid from sucli an ally, as, from the advance of the season and distance of our situation, it was impossible we could receive any assistance durmg this campaign : , " That it was prudent to fix among ourselves the terms on which we would form an alliance, before we declared we would form one at all events : t^ i • f t j " And that if these were agreed on, and our Declaration ot Inde- OF THOMAS JEFFERSON. 105 pendence ready, by the time our Ambassador should be prepared to sail, it would be as well, as to go into that Declaration at this day." In support of the proposition, it was urged by Mr. Jefferson, John and Samuel Adams, Lee, Wythe, and others — '' That no gentleman had argued against the policy or the right of separation from Britain, nor had supposed it possible we should <^ver renew our connection ; that they had only opposed its being now declared : " That the question was not whether, by a Declaration of Inde- pendence, we should make ourselves what we are not ; but whether we should declare a fact which already exists : '' That, as to the people or Parliament of England, we had always been independent of them, their restraints on our trade deriving effi- cacy from our acquiescence only, and not from any rights they pos- sessed of imposing them, and that so far, our connection had been federal only, and was now dissolved by the commencement of hos- tilities : " That, as to the King, we had been bound to him by allegiance, but that this bond Avas now dissolved by his assent to the late act of Parliament, by which he declares us out of his protection, and by his levying war on us, a fact which had long ago proved us out of his protection ; it being a certain position in law, that allegiance and protection are reciprocal, the one ceasing when the other is with- drawn : "That James the II. never declared the people of England out of his protection, yet his actions proved it and the Parhament declared it: " No Delegates then can be denied, or ever want, a power of de- claring an existent truth : '' That the Delegates from the Delaware counties having declar- ed their constituents ready to join, there are only two Colonies, Penn- sylvania and Maryland, whose Delegates are absolutely tied up. and that these had, by their instructions, only reserved a right of confirming or rejecting the measure : " That the instructions from Pennsylvania might be accounted for, from the times in which they were drawn, near a twelvemonth ago, since which the face of affairs has totally changed : " That within that time, it had become apparent that Britain was determined to accept nothing less than a carte-blanche, and that the King's answer to the Lord Mayor, Aldermen, and Common Coun- cil of London, which had come to hand four days ago, must have satisfied every one of this point : " That the people wait for us to lead the way : " That they are in favor of the measure, though the instructions given by some of their representatives are not : " That the voice of the representatives is not always consonanL 10* 106 LIFE, WRITINGS, AND OPINIONS with the voice of the people, and that this is remarkably the case in these middle Colonies : "That the effect of the resolution of the 15th of May has proved this, which, raising the murmurs of some in the Colonies of Penn- sylvania and Maryland, called forth the opposing voice of the freer part of the people, and proved them to be the majority even in these Colonies : " That the backwardness of these two Colonies might be ascribed partly, to the influence of proprietary power and connections, and partly, to their having not yet been attacked by the enemy : " That these causes were not likely to be soon removed, as there seeiified no probability that the enemy would make either of these the seat of this summer's war : " That it would be vain to wait either weeks or months for perfect unanimity, since it was impossible that all men should ever become of one sentiment on any question : " That the conduct of some Colonies, from the beginning of this contest, had given reason to suspect it was their settled policy to k<;ep in the rear of the confederacy, that their particular prospect might be better, even in the worst event : •That, therefore, it was necessary for those Colonies, who had thrown themselves foivvard and hazarded all from the beginning, to come forward now also, and put all again to their own hazard : " That the history of the Dutcli Revolution, of whom three states only confederated at first, proved that a secession of some Colo- nies would not be so dangerous as some apprehended : " That a Declaration of Independence alone could render it con- sistent with European delicacy, for European powers to treat with us, or even to receive an Ambassador from us : " That tiU this, they would not receive our vessels into their ports, noF acknowledge the adjudications of our courts of admiralty to be legitimate, in cases of captiue of British vessels : " That though France and Spain may be jealous of our rising power, they must tliink it will be much more formidable with the addition of Great Britain ; and will therefore see it their irUerest to prevent a coalition ; but should they refuse, we shall be but where we are ; whereas without trying, we shall never know whether they will aid us or not : " That tlie present campaign may be unsuccessful, and therefore we had better propose an aUiance while our affaii's wear a hopeful aspect : " That to wait the event of this campaign will certainly work de • lay, Ijecause, during this summer, France may assist us effectually, by cutting off those supplies of provisions from England and Ireland, on which the enemy's armies here are to depend ; or by setting in motion the great power they have collected in the West Indies, and calling our enemy to the defence of the possessions they have there . OF THOMAS JEFFERSON. 107 " That it would be idle to lose time in settling the terms of alli- ance, till we had tirst determined we would enter into alliance : " That it is necessary to lose no time in opening a trade for our people, who will want clothes, and will want money too, for the pay- ment of taxes : '• And that the only misfortune is, that we did not enter into alli- ance with France six months sooner, as, besides opening her ports for the vent of our last year's produce, she might have marched an army into Germany, and prevented the petty Princes there, from sell- ing their unhappy subjects to subdue us." The tenor of these debates indicated such a strength of opposi- tion to the measure, that it was deemed impolitic to press it at this time. The Colonies of New- York, New- Jersey, Pennsylvania, Delaware, Maryland, and South Carolina, were not yet ' matured for falling from the parent stem ;' but as they were fast advancing to that state, it was thought most prudent to w^ait awhile for them. The final decision of the question was therefore postponed to the 1st of July. But, that this might occasion as little delay as possi- ble, it was ordered that a committee be appointed to prepare a Declaration of Independence, to the intent of the motion. Mr. Jefferson having the highest number of votes, was placed at the head of this Committee ; the other members were John Adams, Dr. Franklin, Roger Sherman, and Robert R. Livingston. The Com- mittee met, and unanimously solicited Mr. Jefferson to prepare the draught of the Declaration, alone. He drew it ; but before submit- ting it to the Committee, he communicated it, separately, to Dr. Franklin and Mr. Adams, with a view to avail himself of the ben- efit of their criticisms. They criticised it, and suggested two or three alterations, merely verbal, intended to soften somewhat the original phraseology. The Committee unanimously approved it ; and on Friday, the 28th of June, he reported it to Congress, when it was read and ordered to lie on the table. On Monday, the first of July, agreeal^ly to assignment, the House resolved itself into a Committee of the Whole, and resumed the consideration of the preliminary motion. It was debated again through the day, and finally carried in the afiirraative, by the votes of New-Hampshire, Connecticut, Massachusetts, Rhode-Island, New- Jersey, Maryland, Yii'ginia, North Carolina and Georgia. SoVvth Carolina and Pemrsylvania, voted against it. Delaware had but two members present, and they were divided. The Delegates from 108 LIFE, WRITINGS, AND OPINIONS New- York declared they were for it themselves, and were assure(f their constituents were for it ; but, that their instructions having been drawn near a twelvemonth before, when reconciliation was still tlie general object, they were enjoined by them to do nothing which should impede that object. They therefore, thought themselves not justifiable in voting on either side, and asked leave to withdraw from the question ; which was granted them. In this state of things, the Committee rose and reported their resolution to the House. Mr. Edward Rutledge, of South Carolina, then requested the determin- ation might be put off to the next day, as he believed his collegues, thougli they disapproved of the resolution, would then join in it for the sake of unanimity. The ultimate decision by the House, was accordingly postponed to the next day, July 2d, when it was again moved, and South Carolina concurred in voting for it. In the mean time, a third member had come post from the Delaware counties, and turned the vote of that Colony in favor of the resolution. Mem- bers of a different sentiment attending that morning, from Pennsyl- vania, her vote also was changed ; so that the whole twelve Colo- nies, who were authorised to vote at all, gave their voice for it ; and within a few days, July 9th, the Convention of New- York ap- proved of it, and thus supplied the void occasioned by the Avith- drawal of her Delegates from the question. It should be observed that these oscillatory proceedings and final vote, were upon the original motion, to declare the Colonies inde- pendent. Congress proceeded the same day, July 2d, to consider the Dec- laration of Independence, which had been reported the 28th of June, and ordered to lie on the table. The debates were again re- newed with great violence — greater than before. Tremendous was the ordeal through which the title-deed of our liberties, perfect as it had issued from the hands of its great artificer, was destined to pass. Inch by inch, was its progress through the House disputed. Ev- ery dictum of peculiar political force, (and it was crowded with such,) and almost every sentence, were made a subject of acrimoni- ous animadversion, by the anti-revolutionists. On the other hand, the champions of Independence contended, with the constancy of martyrs, for every tenet and every word of the precious gospel of their faith. Among the latter class, the Author of the Declaration himself, has assigned to John Adams the pre-eminent station ef OF THOMAS JEFFERSON. 109 jtrimus intei' pares. Thirty -seven years afterwards, he declared that "Mr. Adams was the pillar of its support on the floor of Con- gress, its ablest advocate and defender against the multifarious as- saults it encountered." At another time, he said " John Adams Wcis our Colossus on the floor. Not graceful, not elegant, not al- ways fluent in his public addresses, he yet came out with a power, both of thought and of expression, which moved us from our seats.'' The grandeur, and the terror of that scene transcend the boundaries of conception. On the result of their dehl^erations, hung the fate of America, and the pohtical salvation of the world. Their coun • oils, their speeches, their emotions, their countenances, have been celebrated, in ceaseless multiplication, in prose and in verse, from tliat day to the present ; but the representations have fallen, and must forever fall, infinitely short of the realities. Through the long, doubtful, and incessant conflict, .mi Mr. JeflTerson, a silent, though not an unimpassioned, witness of the furnace of disquisition, which was trying the product of his own mind. To a man of ordinary sensibilities, the spectacle must have been painful ; to him it was peculiarly so.* The debates were continued with vmremitting heat, through the 2d, 3d, and 4th days of July, till on the evening of the last, — the most important day, politically speaking, that the world ever saw,— • * The ready and good-humored Dr. Franklin, silting near Mr. Jefferson, and seeing him agonisinjr under the severity of the strictures, related in his ear, by y way of comfort, the following anecdote : / "■ I have made it a rule, whenever it is in my power, to avoid becoming the / draughtsman of papers to be reviewed by a public body. I took my lesson from ; an incident which I will relate to you. When I was a journeymon printer, one ^v,.^ of my companions, an a])prentice hatter, having served out his time, was about ■ to open a shop for himself. His first concern was to have a handsome sign- board, with a proper inscription. He composed it in these words : " John Thompson, iif«//er, makes and sells hats for rradi/ monetj,':'' w\ih the figure of the hat subjoined But he thought he would submit it to his friends for their amend- ments. The first he showed it to, thought the word '■ hat/er,' tautologous. be- cause followed by the woids ^77iakes hals,^ which shows he was a hatter. It was struck out. The next observed, that the word ' makes,' might as well be omitted, becaiise his customers would not care who made the hats ; if good, and to their minds, they would buy, by whomsoever made. He stiuck it out. A third said he thought the words'/or 7-eadi/ money' were useless, as it was not tlie custom of the place to sell on credit : every one who purchased expected to pay. They v;ere parted with, and the inscription now stood, 'John Thompson, sells hats.' ' Sells hats ." says his next friend ; ' why, nobody will expect you to give them away. What, then, is the use of the word .'' It was stricken out; and ^ hats' followed, the rather, as there was one painted on the board ; so his inscription was reduced, ultimately, to 'John Thompson,' with the figure of Ihe hat subjoined." ^ 10 LIFE, WRITINGS, AND OPINIONS they were brought to a close. The principle of unanimity finalfr preponderated ; and reciprocal concessions, sufficient to unite all on the solid ground of the main purpose, were generously laid at its feet. Some of the most splendid specifications, however, in the American Charter, were surrendered, in the spirit of compromise. On some of these, too, it is well known the Author set the highest value, as re- cognising principles to which he was enthusiastically partial, and which were almost peculiar to him. His scorching malediction against the traffickers in human blood, is pointedly among the lat- ter. The hght in which he viewed these depradations upon the original, may be gathered from the following memorandum of the transaction ; in which, too, he betrays a fact in relation to New England, that is not generally known. " The pusillanimous idea that we had friends in England worth keeping terms with, still haunted the minds of many. For thi^ reason, those passages which conveyed censures on the people of England, were struck out, lest they should give them offence. The clause too, reprobating the enslaving the inhabitants of Africa, was struck out, in complaisance to South Carolina and Georgia, wlio had never attempted to restrain the importation of slaves, and who. on the contrary, still wished to continue it. Our northern breth- ren also, I believe, felt a little tender under those censures : for thong li the people had very feiv slaves themselves, yet they had been pretty considerable carriers of them to othei^sJ'' For the purpose of comparing the original, with the amended, form, the Declaration will be presented, as it came from the hands of the Author. The parts stricken out by Congi'ess are printed in Italics, and inclosed in brackets ; and those inserted by them are placed in the margin. The sentiments of men are known by what they reject, as well as by what they receive, and the compar- ison, in the present case, will discover corroborative proof of the singular forwardness of one mind, on certain great points of prin- ciple. A Declaration by the Representatives of the United States of America, in General Congress assembled. When, in the course of human events, it becomes ne- cessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind r^ OP THOMAS JEFFERSON. Ill certain <^xiiies, that they should declare the causes which impel tiiem to the separation. We hold these truths to be self-evident : that all men are created equal ; that they are endowed by their Crea- tor with [inherent and] inalienable rights ; that among these are life, liberty and the pursuit of happiness ; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; that whenever any form of government be- comes destructive of these ends, it is the right of a peo- ple to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes ; and according- ly all experience hath shown that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usur- pations [begun at a distinguished period and] pursu- ing invariably the same object, evinces a design to reduce ihem under absolute despotism, it Is their right, it is their duty to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of the Colonies ; and such is now the necessi- ty which constrains them to . [expunge] their former sys- tems of government. The history of the present King of Great Britain is a history of [unremitting] injuries repeated and usurpations, [among which appears no solitary fact to contradict the uniform tenor of the rest^ hut all all having- have] in direct object the establishment of an absolute tyranny over these States. To prove this, let facts \y& submitted to a candid world [for the truth of which ive pledge a faith yet unsullied by falsehood.] He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of imme- diate and pressing importance, unless suspended in their operation till his assent should be obtained ; and, when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommoda- tion of large districts of people, unless those people would xelinquish the right of representation in the legislature, a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places un- usual, uncomfortable and distant from the depository of alter 112 LIFE, WRITINGS, AND OPINIONS obstructed by their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative Houses repeatedly [and co7itinually\ for opposing with manly firmness his inva- sions on the rights of the people. He has refused for a long time after such dissolutions to cause others to be elected, whereby the legislative pow- ers, incapable of annihilation, have returned to the peo- ple at large for their exercise, the State remaining, in the mean time, exposed to all the dangers of invasion from without and convulsions within. He has endeavored to prevent the population of these States ; for that purpose obstructing the laws for natural • ization of foreigners, refusing to pass others to encourage their migrations hither, and raising the conditions of new appropriations of lands. He has [suffered] the administration of justice [total- ly to cease in some of these States] refusing his assent to laws for establishing judiciary powers. He has made [our] judges dependant on his will alone for the tenure of their offices, and the amount and pay- ment of their salaries. He has erected a multitude of new offices, [by a self assumed power] and sent hither swarms of new officers to harass otn" people, and eat otit their substance. He has kept among us in times of peace standing ar- mies [and ships of ivar] without the consent of our le- gislatures. He lias affected to render the military independent of- and superior to, the civil power. He has combined with others to subject us to a juris- diction foreign to our constitutions and unacknowledged by our laws, giving his assent to their acts of pretended legislation for quartering large bodies of armed troops among us ; for protecting them by a mock trial from pun- ishment for any murders which they should commit on the inhabitants of these States ; for cutting off our trade with all parts of the world ; for imposing taxes on us without our consent ; for depriving us [ ] of the benefits of trial by jury ; for transpoting us be3/^ond seas to be tried for pretended offences ; for abolishing the fiee sys- tem of English laws in a neighboring Province, estab- lishing therein an arbitrary government, and enlarging its botmdaries, so as to render it at once an example and fit instrument for introducing the same absolute rule in- colonies to these [states] ; for taking away our charters, abolish- ing our most valuable laws, and altering fundamentally in many cases OF THOMAS JEFFERSON. 113 (he forms of our governments ; for suspending our own legislatures, and declaring themselves invested with pow- er to legislate for us in all cases whatsoever. by declaring He has abdicated government here \vnthdrau'ing "^ «"* ?^ l^Js his governors, and declaring ic^ out of his o^^e^-*- ^ag^nff^war ance and jM'ofection.] against us He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of for- eign mercenaries to complete the works of death, des- olation, and tyranny already begun with circumstan- ces of cruelty and perfid}^ [ ] unworthy the head of a scarcely par- civihzed nation. mlrs'r1)irbl^r! He has constrained our fellow citizens taken captive ous ages and on the high seas to bear arms against their country, to totally become the executioners of their friends and brethren, or to fall themselves by their hands. He has [ ] endeavoured to bring on the inhabitants excited do- of our frontiers the merciless Indian Savages, whose "^^stic insur- known rule of warfare is an undistinguished destruc- ^^' ^^ ^^^ tion of all ages, sexes and conditions [of existence.] has [He has incited treasonable insurrections of onr fellow citizens, ivith the allurements of forfeiture and confscation of our property. He has urged cruel ivar against human nature itself violating its most sacred rights of life and lib- erty in the persons of a distant jjeople who never of- fended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This pirati- cal loarfare, the opprobium of infidel poivers, is the warfare of the christian ki7ig of Great Brit- ain. Determined to keep ojten a market where men should be bought and sold, he has prostituted his neg- ative for suppressing every legislative attempt to pro- hibit or to restrain this execrable coinmerce. And that this assemblage of horrors inight want no fact of dis- tinguished die, he is now exciting those very people to rise in arms among us, and to purchase that lib- erty of ichich he has deprived them, by murderiyig the people on whom he also obtruded them : thus paying off former crimes committed against the liberties of one people with crimes which he urges them to commit against the lives of another?^ In every stage of these oppressions we have petition- ed for redress in the most humble terms : our repeated petitions have been answered only by repeated injuries. A prince whose character is thus marked by every act which may define a tyrant is unfit to be the ruler of 11 114 LIFE, WRITINGS, AND OPINIONS free a [ ] people [who mean to be free. Future ages will scarcely believe that the hardiness of one man ad- ventured, within the short compass of twelve years only, to lay a foundation so broad and so nndis- guisedfor tyranny over a people fostered andfi^ed in jnincijiles of freedom.^ Nor have we been wanting in attentions to our British brethren. We have warned them from time an unwarrant- to time of attempts by their legislature to extend [a] able jurisdiction over \tliese our states.] We have reminded them of the circumstances of our emigration and settle- ment here [no one of ichich could warrant so strange a pretension : that these were effected at the expense of our oicn blood and treasure, unassisted by the wealth or the strength of Great Britain : that in constituting indeed our several for^ns of government., we had adopted one common king, thereby laying a fou7idatio7i for perpetual league and amity with them : but that submission to their 2)arliament was- no part of our constitution, nor ever in idea, if his- liave tory may be credited: and^ we [ ] appealed to their and we have native justice and magnanimity \as well as to] the conjured them j^gg ^^ ^^j. common kindred to disavow these usurpa- tions which [icere likely to] interrupt our connection would inevita- j^^^j correspondence. They too have been deaf to the ^ voice of justice and of consanguinity, [and ichen oc- casions have been given them, by the regidar course of their laws, of removing from their councils the disturbers of our harmony, they have, by their free election, re-established them in jjoiver. At this very time too, they are permitting their chief magistrate to send over not only soldiers of our coonmon blood, but Scotch and foreign mercenaries to invade arid destroy us. These facts have given the last stab to agonizing affection, and inanly spirit bids us to renounce for ever these unfeeling brethren.. We onust endeavor to forget our former love for them, and hold them as we hold the rest of mankind, en- emies in war, in jjeace friends. We might have been a- free and a great people together ; but a com- munication of grandeur and of freedom, it seems, is below their dignity. Be it so, since they will have it. The road to happiness and to glory is We must open to us too. We ivill tread it apart from them, therefore an(£] acquiesce in the necessity which denounces our and hold them [ctemaV] separation [ ] ! as we hold the rest of man- kind, enemies in war, in ■; _ ^ peace, friends. ■ .. OP THOMAS JEFFERSON. 115 We therefore the representatives of the United States of America in General Con- appealing to the supreme g,ess assembled, [ ] do in the name, and by >t„°/, ofVriS 'SU™ the authority of the good people of these [states reject and renounce all allegiance colonies, solemnly publish and subjection to the kings of Great Brit- and declare, that these uni- ain and all others who may /«e/-e«/^er ^^d colonies are, and of , . , ,, , , ^y -' , rijSfht ouorht to be, free and claim by, through, or under them ; we lit- independent states; that terly dissolve all political connection which they are absolved from all may heretofore have subsisted betioeen us allegiance to the British i .1 J ;• ± f r< jcrown, and that all politi- and the people or parliament of Great ^^^ connection between Britain : and finally we do assert and de- them and the state of Great dare these colonies to be free and indepen- Britain is, and ought to be, dent states,] and that as free and indepen- totally dissolved ; dent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent states may of right do. And for the support of this declaration, [ ] with a firm reliance on we mutually pledge to each other our lives, providence*^'"" ° our fortunes, and our sacred honor. The world has long since passed judgment upon the relative mer- its of these two forms of the American Declaration, and awarded the palm of pre-eminence to the primitive one. The amendments ob- literated some of its boldest and brightest features ; impaired the beauty and force of others ; and softened the general tone of the whole instrument. The Declaration thus amended in Committee of the Whole, was reported to the House on the 4th of July, agreed to, and signed by every member present, except Mr. Dickinson. On the 19th of July, it was ordered to l3e engrossed on parchment ; and on the 2d of August, the engrossed copy, after being compared at the table with the original, was ordered to be signed by every member. On the same day that Independence was declared, Mr. Jefferson was appointed oner of a committee of three, to devise an appropriate Coat of Arms for the republic of the ' United States of America.' The Declaration was received by the people with unbounded ad- miration and joy. On the 8th of July it was promulgated, with great solemnity, at Pliiladelphia, and saluted by the assembled mul- titude, with peals on peals of acclammation. On the 11th it was published in New- York, and proclaimed before the American Ar- ray, which, at that time, was assembled in the vicinity, with all the 116 LIFEj WRITINGS. AND OPINIONS pomp and circumstance of a military pageant. It was received \\ith delirious exultation by the collected chivalry of the Revolution. They filled the air with their shouts, and shook the earth with the thunders of their artillery. In Boston, the popular transports were unparalleled. The national manifesto was proclaimed from the balcony of the Capitol, in the presence of all the authorities, civil and military, and of an innumerable concourse of people. An im- mense banquet was prepared, at which the authorities, and all the principal citizens attended, and drank toasts expressive of enthusi- astic veneration for liberty, and of unmingled detestation of tyrants. The rejoicings were continued through the night, and every ensign of royalty, that adorned either the public or private edifice, was de- molished before mortiing. Similar demonstrations of patriotic enthusiasm^ crov/ned the re- ception of the Declaration in all the cities and chief towns of the continent. Its progress through the land was hke the triumpha! procession of a mighty deliverer. In Virginia, the annunciation was greeted with graver tokens of public felicitation. The Convention decreed, that the name of the King should be expunged fiom the liturgy of the established reli- gion. All the remaining emblems of royal authority, were super- seded by appropriate representatives of the new order of things. A new Coat of Arms for the Commonwealth, was immediately order- ed. Several devices were proposed. One by Dr. Franklin, with the motto, " Rebellion to Tyrants, m obedience to God."' Another by Mr. JeflTerson, with the characteristic motto, " Re.r est qui re- gem lion hahetr And another by Mr. Wythe, which Avas adopt • ed. It represented Virtue as the tutelary Genius of the Common- wealth, robed in the drapery of an Amazon, resting one hand upon a spear, and holding with the other a sword, trampling upon Tyran- ny, personified by a prostrate man, with a crown fallen from his head, bearing in one hand a broken chain, and in the other a scourge. Around the exergon were inscribed, at the top, Virginia, and underneath, the words, &ic semper iyrannis. On the re- verse, was charactered a group of figures ; Lihertas in the centre, with her wand and cap ; on one side Ceres, with her horn of plenty in the right hand, and a sheaf of wheat in the left ; on the other side appeared Eternity, with the Globe and Phoenix. Around the exergon were inscribed these words, Devs nobis haec otia fecit. OF TIIOMAS JEFFERSON". 117 Such were some of the immediate influences of this immortal State-paper. But who shall describe its ulterior influences, physi- cal, moral, and political, upon America, and itpon all the feiloAv na- tions of the earth ? Those which liave already transpired, have been stupendous ; some benificent, others calamitous, yet all the harbingers of final glory : and those which have yet to transpire, the human mind can scarcely exaggerate to its vision. Volumes might be written in illustrating the agency of this teeming record, in advancmg the Avell-being of nations, and augmenting the amount of human happiness. That portion of its blessings, which de- scended to its immediate inheritors, or which is possessed by th© present inhabitants of the globe, comprises but a partial account in the estimate. It is the sun of the political universe. It is the focus of revolutionary light and heat, from which have issued those kin- dred rays and impulses, which have warmed, and enlightened, and agitated, and plunged into kindred convulsions, for the recovery of their just rights, the oppressed, king-bestridden^ and law-ridden peo pie of other countries, in almost every part of the earth. It laid the foundation for the first great and successful experiment of free gov- ernment ; of a government, whose career of success has been so unexampled, as to have already secured to it a pre-eminence of character among the Powers of the earth ; and whose greatness in the scale of empire, will one day enable it, if it should so please, to dictate to all other governments. The effects of this potent exam- ple, were soon visible, in that tremendous struggle for political re- formation, which shook to its centre the gigantic empire of France,. — in those less formidable ones, which more recently, and at fitful intervals, have shaken the whole continent of South America, — and in that steady and peaceable process of regeneration, which at this moment, is undermining the strong pillars of that Power, from which was hewn the first member in the sisterhood of Free States^ The principles of the Declaration of Independence, have occasion- ed this great and growing change in the political destinies of the world. The knowledge of that renowned charter has reared, and is fast rearing, disciples to its master, among the darkest portions of civilized humanity. It has been heard and felt, wherever the art of printing has communicated it to the mind of man ; nor will the pe- riod arrive when it shall cease to be felt and feared, until the last 11* 118 LIFE, WRITINGS, AND OPINIONS' tyrant shall have been tumbled from his throne, and the last throne shivered, by the lightning of its power. The Author of the Declaration himself, was not unconscious of the amazing consequences which would flow from it, when thus ushered before the world, as the simultaneous fiat of the whole peo- ple. On the contrary, they formed the theme of his incessant ima- ginings, and of his proudest prognostications. The emancipation of the whole family of nations, as the ultimate result, was the im- movable conviction of his mind. It was in unison with the reve- ries of his early youth ; and experience but confirmed him in the an- imating presentiment. Stirring effusions upon this topic, abound in his private memoranda, and familiar coiTespondence with his friends. Speaking of the French Revolution, as the first link in the chain of great consequences, he says, in his notes upon that ill-star- red drama : "As yet, we are but in the first chapter of its history. The ap- peal to the rights of man, which had been made in the United Btates, was taken up by France, first of the European nations. From her the spirit has spread over those of the South. The ty- rants of the North have allied indeed against it ; but it is irresisti- ble. Their opposition will only multiply its millions of human vic- tims ; their owu satellites will catch it, and the condition of man will be finally and greatly meliorated. This is a wonderful instance of great events from small causes. So inscrutable is the arrangement of causes and consequences in this world, that a two-penny duty on tea, unjustly imposed in a sequestered part of it, changes the condi- tion of all its inhabitants." Again, in a letter to John Adams, in 1823, the kindhng prophe- cy is pursued, with the eloquence and the assurance, seemingly, of CDnscious inspiration. " The generation which commences a revolution rarely completer i(. Haliituated from their infancy to passive suljmission of body and mind to their kings and priests, they are not qualified, when called ou, to think and provide for themselves ; and their inexperience, their ignorance and bigotry, make them instruments often, in the hands of the Bonapartes and Iturbides, to defeat their own rights and pur- poses. This is the present situation of Europe and Spanish Amer- ica. But it is not desperate. The light which has been shed on mankind by the art of printing, has eminently changed the condi- tion of the world. As yet, that light has dawned on the middling only of the men in Europe. The kings and the rabble, of ignorance, have not yet received its rays : but it continues to OP THOMAS JEFFERSON. 119 spread, and while printing is preserved, it can no more recede than the sun return on his course. A first attempt to recover the right of self-government may fail, so may a second, a third, &c. But as a younger and more instructed race comes on, the sentiment becomes more and more intuitive, and a fourth, a fifth, or some suljsequent one of the ever-renewed attempts will ultimately succeed. In France, the first effort was defeated by Roliespierre, the second by Bonaparte, the third l^y Louis XVIII., and his holy allies ; another is yet to come, and all Europe, Russia excepted, has caught the spirit ; and all will attain representative government, more or less perfect. This is now well understood to be a necessary check on Kings', whom they will probably think it more prudent to chain and tame, than to exterminate. To attain all this, however, rivers of blood must yet flow, and years of desolation pass over ; yet the object is worth rivers of blood, and years of desolation. For what inherit- / ance so valuable, can man leave to his posterity ? The spirit of the^ Spaniard, and his deadly and eternal hatred to a Frenchman, gives me much confidence that he will never submit, iDut finally defeat- this atrocious violation of the laws of God and man, under which he is suffering ; and the wisdom and firmness of the Cortes, afford reasonable hope, that that nation will settle down in a temperate representative government, with an executive properly sulwrdina- ted to that. Portugal, Italy, Prussia, Germany, Gieece, will fol- low suit. You and I shall look down from another world on these glorious achievments to man, which will add to the joys even of heaven." Such are the ulterior tendencies and probable results of this stu- pendous Act. SuflScient has already elapsed, to demonstrate, that the Author w^as scarcely more happy in originating its principles, than in predicting it glorious consequences. The ' achievments' of the last twelvemonth, would 'add to the joys of heaven,' should his spirit continue its cognizance of the scene of its continued l)enefi- cence. But aside from its magnificent results, immediate and remote, past and prospective, the Declaration itself is a production of the highest order of merit. Of its bold, dignified, and comprehensive diction, its vigour and condensation of thought, its vivid and imjDet- uous recital of wrongs, and its solemn and masculine reclamations of right, it would be superfluous to speak. These topics have al- ready exhausted, a thousand times over, the very fountains of eulogy. Its great and distinguishing excellence lies in its j^olitical churac- ter ; and in order to put a just estimate upon its merits in this re- 8pect, it is necessary to travel back to the period when it was pro- 120 LIFE, WRITINGS, AND OPINIONS mulgated. Political philosophy was then unborn. In the wide range of speculative disquisition, no writer had advanced to the threshold of the true economy of government. iVll was compara- tive gloom and barbarism. The doctrine of the divine right of Kings, and of the necessity of passive submission to their control, was the universally accredited theory. Fatalism in politics was as predominant and unquestioned, as was the dogma of papal infalli- bility, before the Reformation ; and it was deemed as impious to consult reason in reference to the one, as the other. Governments v/ere considered as instituted for the benefit of the governing few ; and the people as mere instruments in their hands, and for their aggrandizement. Popular rights was a term not comprehended in the political vocabularies of that day. All that the people enjoyed they were supposed to hold by virtue of concession from the au- thorities ordained by God to rule over them. Isolated writers in France and England, had indeed broached some substantial im- provements upon the estalalished system ; but their innovations were cautious and comparatively superficial. The reformation of the mass of heresies and vagaries, was reserved for the great Ameiican Sage. His antecedent writings had given the world a foretaste of his principles and his power ; but the occasion had not arrived, which was to quahfy them to make head against the op- posing torrent. His Declaration, therefore, establishes the era in history, of the character which really belonged to him at a much anterior date. By the extraordinary circumstances which called it into existence, he was enabled to usher his principles upon the at- tention of mankind, with sucii resistless eclat, as to surmount in- stantaneously, the impediments, which, in the ordinary course of things, centuries could not have dissipated. He rode into the criti- cal station of a radical political reformer, upon the ovenvhelming tide of popular opinion. But even then, nine-tenths of the moral and physical power of the world, was in the opposite scale ; and the en- terprise was a hazardous one. Local circumstances, however, overbal • anced the vast disproportion of these forces. The isolated position of the scene of opemtion, disjoined from the rest of the world by a wide expanse of ocean, rescued the experiment from the crushing influence of the Mammoths and Leviathans of the East. Success attended this masterly political effort ; and its Author became the founder of a new school in the ethics of government. The prin- OF THOMAS JEPFERSOK". 121 ciples of this school have already regenerated the condition of one hemisphere, and v.-ill ultimately dictate to the civilized world. The Declaration of Independence, therefore, estabhshed a great epoch in the science of government. By it, the whole system of the ancient regime, which was pm-ely artificial, was exploded, and sii})erseded by an entire new code, founded in reason and morahty. The principles of the former, were reversed. All power was de- clared to be inherent^ originally, in the people, and derived, second- arily, to the rulers. Thcij, instead of being the masters, were de- clared to be the servants of the people. It proclaimed the great truths, that 'governments are instituted for the benefit of the people, and that ' they derive their just powers from the consent of the gov- erned.' The whole of this pure theory rested upon the funda- mental axiom of the native equality of the human race. This, it will be recollected, was a favorite maxim of the Author in early youth, and formed the basis of his first effort of legislation. In the same spu-it, it is placed at the head of the imposing catalogue of ' self-evident tmths,' with which he prefaces the present perfonii- ance. There is another prominent feature in this paper, which is strong- ly illustrative of the writer. Consideration is especially due to it, since it has sometimes been cited in derogation of the instrument, whereas it constitutes one of its peculiar beauties. It is the appar- ent asperity, with which it treats the personal character of the King, and the industrious precision, with which it charges upon him ex- clusively, the complicated calamities of the Colonies. Those who recollect the ground originally assumed, and uniformly maintained by Mr. Jefferson, on the controverted question of the relation be- tween Great Britain and the Colonies, wiU not derive any unfavor- able mipressions from this objection. On the contrary, they will be struck w4th the admirable consistency of his opinions upon this point, through every stage of the controversy, from first to last. It will be remembered, that the only link of connection which he recognized, as subsisting between the Colonies and the mother country, was that of an identity of Sovereign. Consequently, tlie Oldy political tie, which it was the business of the Declaration to sever, was that which united us to the King himself. Parhament is not so much as mentioned in the whole instrument ; he liad never admitted its authority ; consequently he had nothing to do 122 LIFE, WRITINGS, AND OPINIONS with it, nor with the British Government, in the aggregate. But allegiance to the Crown he had acknowledged, in common wnth all the Colonists, and scrupulously adhered to, down to the epoch of the la^jt extremities. Conformity to the principles upon which he rest- ed the dispute, required that he should restrain the responsibility of all that had been perpetrated, to the Monarch alone. And he ac- cordingly charged upon him, indiscriminately, all the malversa- tions of the Government ; either as the sole and separate agent, or when abuses of Parliament are referred to, as " comljining with others" in " acts of pretended legislation." How beautifully then, does this mode of procedure tally with the line of opinion and con- duct, which he had uniformly observed before. In his first politi- cal essay, he had narrowed the issue down to the same point, to which he now confijied it. But at that time, the opinion was deemed heterodox and chimerical ; only a single individual c^uld be found to agree with him ; his proposition was rejected by the Assembly to which it was offered, and the middle ground taken. Congress, indeed, were now prepared to adopt the same principle ; not however, without expunging that portion* of the original in- strument, which went to declare they had always been of the same opinion. A simple regard to truth required this exception to the primitive form. From the imperfect view thus presented, of the character of this document, the reader will be qualified to form some idea of the great principles of the American Revolution ; and to detect from among its sainted constellation of movers and counsellors, the mind which had the predominant agency in originating, illustrating and establish- ing those principles. An attentive reflection upon those salient and governing points in the Revolution, which decided its political direction and character, w ill detect a strong discrimination of doctrine among its principal actors, and will assign to Thomas Jefferson the distinction of pre-eminence, in the management of its moral power. He had constantly pre-occupied its path. He had anticipated all its cardinal decisions, at a great distance ; prescril^ed the terms of most of them ; and was emphatically the father of the principles, which governed in tlie greatest and final one, His Declaration, backed by the om- * See Declaration. The paragraph begins, » Nor have we been wanting ia attentions to our British brethren,' OF THOMAS JEFFERSON. 123 nipotence of the occasion, breathed those principles into the Nation, and consummated their eternal ascendancy. These principles, thus potently transfused and nationaUzed, gave soul and body to the American Revolution, and distinguished it from all its predecessors in the earth, by making it a revolution of mind, and not of mere brute force. Powerful affinities co-operated to produce this great moral transformation, but the trancendent influence of particular characters can never be disguised or overlooked, in the estiiuate of causes. With the developments, Avhich are daily multiplying, of the councils and transactions of that prolific era, all reputed history will be confounded, if it is not already, in the relative importance wliich it has attached to its political, and its military chieftains. In vain had the immortal Washington led the armies of the Revolution to the ' field of honorable death,' and performed such miracles of valor and martial enterprise, had not the moral condition of the Country kept pace with its physical conquests. In vain had tlie particular rights in dispute been secured, by a decision upon the final appeal, and our Independence, to all common intent, \yeen achieved, had not a cotemporaneous change been effected in the minds, feelings, habits and dispositions of the people, preparatory to a fundamental reformation in the principles and practices of their Government. The emancipation of the American Colonies from the parent empire, might have been a mere feat of arms, great in- deed, but scarcely worth the cost ; yet how inconceivably important the event, with the concomitant and resulting benefits, which were actually superinduced. And in the mighty work of securing these benefits, who led the way ? Who, on all occasions involving the fate of first principles, uniformly took the laboring oar, and had the singular felicity to see his opinions finally and completely amer- icanized ? The generation has passed away, which could number a solitary dissentient in the decision of these questions. The time has been, however, in which the temper and animosity of the popular mind, engendered by the fierce and angry collisions upon those very prin- ciples, presented a disreputable contrast in the state of feeling on this subject. Upon the organization of the government, a strong party arose which strangely misconceived the genuine text of the Revo- iution. Under this infatuation, they first attempted to bring the prin- ciples themselves into disrepute, and afterwards, on perceiving their 124 LIFE, WRITINGS, AND OPINIONS inherent soundness and infinite merit, to detract from the generally aximitted title of Mr. Jefferson as their originator and principal pro- moter. Not only were the doctrines of the Declaration pronounced oommon-place, and downrightplagiarisms, but the authorship of the production itself was brought in question. The newspapers, even of a very modern date,* teem with disgraceful ribaldry upon this topic. To these pusillanimous assaults upon his just reputation, he opposed no other barrier, than that of 'the dignified contempt by which he has consigned to oblivion, all the spoken and written scur- rility of his enemies.'! Among the multitude of sacrilegious stric- tures upon the primitive palladium of human liberty, and its canon- ized framer, the most elaborate attempt at disparagement, appeared in the unnatural form of a fourth of July oration, in 1S23, by Timothy Pickering. The political opinions advanced in this critique, being matters of mere private specidation, do not deeply concern us ; but the material inaccuracies of fact which it contains, relative to the Declaration of Independence, require attention ; more especially since they have obtained an extensive currency with * The following extracts from leading anti-republican journals, so late as the year 1822, will suffice to exhibit the general character of that warfare, which for thirty years, was directed against the silent and unresisting claims of the Au- thor of the Declaration. The first is from the Philadelphia Union, and the sec- ond from the New-York Commercial Advertiser. " Wo have long been acquainted with the facts alluded to in the following ar- ticle from the Federal Republican. We have seen Mr. Jefferson's draught of the Declaration of Independence, scored and scratched like a school hoy''s exercise. When Mr. Schaeffer shall comply with his promise to publish the documents re- lating to this subject, the jackdaw will be slript of the plumage, with which adula- tion has adorned him, and the crown will be placed on the head of a real patriot.^' " The old controversy relative to Mr. Jefferson's agency in drafting the Dec- laration of Independence, is again revived, in the southern papers, and, as is usual in most controversies, both parties are in error — the one denying him all credit in regard to the authorship of that splendid document, and the other be- stowing it all upon him. It appears to be the common opinion that Mr. Jeffer- son was the exclusive author of the Declaration of 1776 ; and he is every year toasted as such in every part of the country. But this is not the fact. Mr. Jef- ferson was one of the committee appointed to prepare the draught, and he drew the original paper ; but his co-adjutors were so little satisfied with the perform- ance, that it was loorked over and altered almost from beginning to end. Many al- terations of language were made, much was stricken out, as much more added; so that when completed it bore but little resemblance to Mr. Jejferson''s draught. We have had for several years a copy of this document, which shows at one view, the original draught as made by Mr. Jefferson, the erasures and alterations that were made, and also the additions of the Committee. Mr. Jefferson de- serves as vxuch credit, for the share he took in this labor, as any other member of the Committee, and no more.'''' jf- Edinburgh Review, 1814. OF THOMAS JEFFERSON. 125 ilie public. The best ansvv-er, however, to this diatribe of Picker- ing, is found in a confidential letter of Mr. Jefferson, to his bosom friend Madison ; than which, no example of familiar correspondence could be given, which should illustrate the character of the writer in a more endearing light. "You have doubtless sesn Timothy Pickering's fourth of July observations on the Declaration of Independence. If liis principles and prejudices, personal and political, gave us uo reason to douljt whether he had truly quoted the information he alleges to have re- ceived from Mr. Adams, I should then say, that in some of the par- ticulars, Mr. Adams' memory has led him into imquestionable er- ror. At the age of eighty-eight, and forty-seven years after the transactions of Independence, this is not wonderful. Nor should I, at the age of eighty, on the small advantage of that difference only, venture to oppose my memory to his, were it not supported by writ- ten notes, taken by myself at the moment and on the spot. He says, ' The committee of five, to wit, Doctor Frankhn, Sherman, Livingston, and ourselves, met, discussed the suliject, and then ap- pointed him and myself to make the draught; that we, as asub- comiuittee, met, and after the urgencies of each on the other, I con- sented to undertake the task ; that, the draught being made, we, the sub-committee, met, and conned the paper over, and he does not remember that he made or suggested a single alteration.' Now these details are quite incorrect. The committee of Ave met ; no such thing as a sub-committee was proposed, but tJiey imanimously pressed on myself alone to undertake the draught. I consented ; I drew it ; but before I reported it to the committee, I communica- ted it separately to Dr. Franklin and Mr. Adams, requesting theii- corrections, because they were the two members of whose judg- ments and amendments I wished most to have the benefit, Ijefore presenting it to the committee ; and you have seen the original paper now in my hands, with the corrections of Doctor Franklin and Mr. Adams interhned in their own hand vrritings. Their alterations were two or three only, and merely verbal. I then wrote a fair copy, reported it to the committee, and from them, un- altered, to Congress. This personal communication and consulta- tion with Mr. Adams, he has misremembered into the actings of a sub-committee. Pickering's observations, and Mr. Adams' in addi- tion, ' that it contained no new ideas, that it is a common-place compilation, its sentiments hacknied in Congress for two years be- fore, and its essence contained in Otis' pamplet,' may all be true. Of that I am not to be the judge. Richard Henry Lee charged It as copied from Locke's Treatise on CTOvernment. Otis' pamph- let I never saw, and whether I had gathered my ideas fiom read- ing or reflection I. do not know. I know only that I turned to nei- ther book nor pamphlet while writing it. I did n^t consider it 12 126 LIFE, WRITINGS, AND OPINIONS as any part of my charge to invent new ideas altogether, and to offer no sentiment which had ever been expressed before. Had Mr, Adams been so restrained, Congress would have lost the bene- fit of his bold and impressive advocations of the rights of Revolu- tion. For no man's confident and fervent addresses, more than Mr. Adams', encouraged and supported us through^ the difficulties surrounding us, which, like the ceaseless action of gravity, weighed on us l)y niglit and by day. Yet, on the same ground, we may ask what of these elevated thouglits v/as nev/, or can be affirmed never before to have entered the conceptions of man ? Whether, also, the sentiments of Independence, and the reasons for declaring it, which makes so great a portion of the instrument, liad been hacknied in Congress for two years before the 4th of July, '76, or this dictum also of Mr. Adams be another slip of memory, let history say. This however, I Vvall say for Mr. Adams, that he supported the Declaration with zeal and ability, fighting fearlessly for every word of it. As to myself, I thought it a duty to be, on that occasion, a passive auditor of the opinions of others, more impartial judges than I could be, of its merits or demerits. During the debate, I was sitting by Doctor Franklin, and he ob- served that I was writhing a little under the acrimonious criticisms on some of its parts ; and it was on that occasion, that by way of comfort, he, told me the story of John Thomson, the hatter, and his new sign. Timothy thinks the instrument the better for having a fourth of it expunged. He would have thought it still better, had the other three fourths gone out also, all but the single sentiment (the only one he approves), which recommends friendship to his dear Eng- land, whenever she is willing to be at peace with us. His insinu- ations are, that althougli ' the high tone of the instrument was in unison wath the warm feelings of the times, this sentiment of ha- bitual friendship to England should never be forgotten, and that the duties it enjoins should especialli/ be borne in mind on every celebration of this anniversary.' In other words, that the Decla- tion, as being a libel on the government of England, composed in times of passion, should now be buried in utter oblivion, to spare the feelings of our EngUsh friends and Angloman fellow-citizens. But it is not to wound them that we wish to keep it in mind ; but to cherish the principles of the instrument in the bosoms of our own citizens ; and it is a heavenly comfort to see that these prin- . ciples are yet so strongly felt, as to render a cii'cumstance so trifling as this little lapse of memory of Mr. Adams', worthy of being solemnly announced and supported at an anniversary assemblage of the nation on its birth-day. In opposition, however, to Mr. Pickering, I pray God that these principles may be eternal, and close the prayer with my affectionate wishes for yourself of long life, health and happiness." OF THOMAS JEFFERSON. 127 Among the articles of information, which Mr. Pickering alleges to have received from Mr. Adams, he should have included the oft repeated declaration of the latter, that ' no man, but the one who did, could have produced that immortal paper.' He might also have cited the well known fact, that he retained to the last, his pre- ference for the primitive reading. With respect to the particular circumstances attending its preparation, the Notes happily taken by Mr. Jefferson at the time, and the original copy of the Declaration, in the hand writing of the author, found among his papers at his death, with the interlineations in the hand writings of Mr. Adams and Dr. Franklin, are placed in one scale, and the imputed recol-, lections of an octogenarian, in the other ; and the world must de- cide between them. The assertion, also, that the doctrines of the Declaration had been hacknied in Congress, for two years before, is contradicted by the whole tenor of history. Nothing had appeared like it, in the range of political disquisition, except his own previ- ous essays ; the most important of which, had been rejected as pre- mature and extravagant, but two years before, by the identical As- sembly which issued the Jirsi instructions recommendatory of In- dependence. All historians concur in testifying, that total emanci- pation was not contemplated until the Spring of '76.* And Mr. Adams in '75 had declared, " There is not a man in the province, among the whigs, nor ever was, who harbors a wish of Independ- ence," Again, '• Our patriots have never determmed or desired to be independent States." How then could the sentiments of the Declaration have been hacknied, in Congress, for two years before ? So far from it, the whole aim and object of that body, anterior to the Spring of '76, had been reconcihation ; and all its consultations and discussions had been conducted upon that basis. The rea- sons and rights of Revolution existed, it is true, in the funda- mental principles of colonization. But who, let it be remarked, was the earliest to discover, illustrate, and enforce those principles ? Historic fidehty will say, the Author of the Declaration himself, in his masterly dissertation upon the doctrine of expatriation, &,c. in '74 ; in which he constructed the entire, and the only tenable the- ory of Colonial rights, then deemed so treasonable and revolutiona- ry as to subject him to the ostracism of the British Parliament. * See Gordon, Ramsay, Marshall, Bottn, &c. 128 LIFE, WRITINGS, AND OPrNIONS Well might he then magnanimously declare, in noticing the viir- dictive maraudings upon his reputation, ' let history speak.' Nor will his confidence in the integrity of that luiipire, be deceived. Impartial generations will rely with more confidence, upon the pure text of contemporaneous chronicles, than upon the gratuitous con- structions, contortions and surmises of modern critics and commen- tators. The civil and political history of that renowned race has never been presented in a just and adequate light ; its monuments, too, are fast crumbling away ; but it is hoped, that enough has been preserved, with the aid of competent hands, to rescue from reproach at least, an age, which united the greatest moral endowments to the greatest power of cii-cumstances, and had a larger share in shaping the destinies of mankind, than any other that has yet ap,- peared. The tenii for which Mr. Jefierson had been elected to Congre&s, expiied on the 11th of August, '70 ; and he had communicated to the Convention of Virginia, in June preceding, his intentions to decline a re-appointment. But his excuses were overruled Ijy that body, and he was unanmiously re-elected. On receiving intelli- gence of the result, gratifying as it was in the higliest degree, he addressed a second letter to the chairman of the Convention, in which he adhered to his original resolution, — as folloAvs : " I am sorry the situation of my domestic affaus renders it in- dispensably necessary, that I should solicit the substitution of some other person here, in my room. The delicacy of the House will not requii'e me to enter minutely into the private causes which ren- der this necessary. I trust they will be satisfied I would not have urged it again, were it not unavoidable. I shall with cheerfulness continue in dvUy here till the expiration of our ) ear, by which time I hope it will be convenient for my successor to attend." He continued in Congress until the 2d of September following, when, his successor having arrived, he resigned his seat and re- turned to Virginia. Thus closed the extraordinary career of this illustrious Reformer in the Continental Congress. He had been in actual attendance upon that renowned Legislature, a Dout nine months only, in all; and yet he had succeeded in impressing his character, in distinct and legible forms, upon the whole inchoate empire. The result is as- tonishing when considered in connection with his immature age. He had, at this time, attained only his thirty-third year, and was OF THOMAS JEFFERSbN. 129 the youngest man but one, in the session of '76. The example is without a parallel in the personal annals of the world. We^have been restrained by our design, to the capital and distin- guishing points in his course. The minor features of his service while engaged in conducting the general administration, vrere pro- portioned to the same standard ; but they are shorn of all interest by the overshadowing importance, which attaches to his gigantic chef de' onvres in the sphere of Revolution. In the multiplied operations of a subordinate character, which engaged the attention of the House, he sustained a corresponding prominency. To es- timate the extent of his labors, it is only necessary to turn over the journals of Congress. In constituting the committees of im- portance it v^ras the policy, in general, to put Virginia at the head ; and the effect of this pohcy was to throw him into the situation of Chairman, unusually often. No member, probably, served on more committees, or executed a greater amount of business, in pro- portion to his term of service, than he did. The union of uncom- mon practical facility, with pecuhar theoretical acuteness and pro- pensity, is an anomoly in the constitution of man. It is proverbial, however, that he displayed an aptitude no less original and sur- prising in the ordinary details of legislation, than in the high con- cerns of an abstract and metaphysical nature, v\7hich were commit- ted to him. The retirement of Mr. Jefferson from a stage of action, on which he had performed such prodigies of Revolution, in the zenith of human popularity and power, and at the first crisis of Independ- ence, may appear unaccountable, vvith tlie lights already in pos- session of the. reader. The causes which he assigned, seem clearly disproportioned to the effect, reasoning from all analogy, applicable to himself alone, or the human character generally ; and compel us to resort to more competent aids of revelation, for a satisfactory solution of the mystery. The predominant motive, which dictated his resignation, but which his modesty would not permit him to urge to the Convention, is found inserted among his private ' Mem- oranda.' It is alike curious and honorable. He says : " The new government (in Virginia) was now organized ; a meeting of the Legislatiue was to be held in October, and I had been elected a member by my county. / kneio that our legislation, wuier the regal government, had many very vicious points wl^i'Ch ur- 12* 130 LIFEj WRITINGS, AND OPINIONS i^ently required reformation ; and I thought I coidd be of inore use in forwarding that ivork. I therefore retired from my seat in Congress," &:c. The whole secret of the transaction is here un- veiled, and is singularly in unison with the reigning attribute of his character. Those who recollect the iiTepressible anxiety which he felt for Vkginia, while in the crisis of her transition from the monarchical to the republican state, and the severe contribution wliich he made upon his own industry, towards securing the great- est practicable measure of freedom and liberality in the act, will be impressed Vv^ith the admirable coincidence of purpose, A\'hich influ- enced his present determination. The new government in the first province of free empire, was now" fairly put in motion ; and he felt an invincible desire to participate in the measures of the first re- publican Legislature under it. Every thing, he conceived, depend- ed upon the stamp of political unction that should be impressed upon the new institutions of a State government, which was to set the example in the career of repul^Ucan legislation, and which constituted so influential a member of the incipient confederacy. The principles of her present code were incompatible with the enjoyment of any considerable benefits under the change of Ad- ministration, and required a fundamental revision and reduction io a consistent standard. The EngUsh common law, with its odi- ous and despotic refinements of feudal origin, was in full force : many of the British statutes, of the most obnoxious character, still binding upon them ; the Tirginia statutes themselves scarcely less aristocratic, and hostile to well-regulated liberty ; presenting, in all, an unwieldy and vicious pile of legislation, civil and religious, which, in the mind of the political redeemer of men, embra- ced stronger attractions, and more imperious urgencies, than the scene which he had just immortalized with his labours.^ To have descended fiom an eminence in Congress, which placed him indisputably at the helm of the Revolution, to the subordinate station of representative to the municipal Assembly, was an act of magnanimous patriotism, of which history furnishes few examples. But he was impressed with the necessity of carrying into action, upon the generous flood of the national enthusiasm, all the sound principles which he meditated securing in the efibrt of emancipa- tion-, and now he thought was the propitious moment for com mencing the enterprise. OF THOMAS JEFFERSON. 131 " The spirit of the times," he said " may alter, will alter. Oiiv rulers will become corrupt, oin- people careless. A single zealot may become persecutor, and better men be his victhns. It can never be too often repeated, that the time for fixing every essential right, on a legal basis, is while our rulers are honest, and ourselves united. From the conclusion of this war we shall be going down hill. It will not then be necessary to resort every moment to the people for support. They will be forgotten, therefore, and their rights disregarded. They v»all forget themselves, but in the sole faculty of making money, and will never think of writing to effect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of this wai-, will remain on us long, will be made heavier and heavier, till our rights shall revive or expire in a convulsion." With the special design, therefore, of heading, in person, the great work of political regeneration, which he had sketched for his country, and for mankind, he early signified his determination to relinquish his station in the National Councils ; and v/as instantly thereupon elected to a seat in the Legislature of Virginia. Before following him into that body, however, the order of time requires us to notice a singular mark of distinction conferred on him by Congress. He had been absent from Philadelphia but a few days, before he received the appointment of Commissioner to France, in conjunction with Dr. Franklin, to negotiate treaties of alliance and commerce w ith that government. Silas Dean, then m France, acting as agent for procuring military supplies, and for sounding the dispositions of the government towards us, was joined with them in the commission. The appointment was made on the last day of September, 1776. Greater importance was attached to the success- ful issue of the transaction, than to any other that had yet been meditated. The prevailing object of declaring Independence, had been to secure the countenance and assistance of foreign Powers ; and towards France, — chivalrous, highminded France, — whose friendship and co-operation appeared the most likely to be obtained, the hopes of the .country w^re undividedly directed. If any thing could mark more unequivocally, the respect of Con- gress for the abilities of Mr. Jefferson, as manifested by this ap- pointment, it was the fact of their having associated a young man of thirty-three, with a venerable philosopher of seventy, then the most distinguished civil character in America. 132 LIFE, WRITINGS, AND OPIKIONS But the same reasons whicli influenced his retirement from Con- gress, induced him to decline accepting the foreign station also, as appears by the following letter addressed to the President of Congress. "Williamsburg, October 11, 1776. " Honorable Sir, — Your favor of the 30th, together with the reso- lutions of Congress, of the 26th ultimo, came safe to hand. It would argue great insensibiUty in me, could I receive with indiffer- ence, so confidential an ap})ointment from your Ijody. My thanks are a poor return for the partiality they have been pleased to enter- tain for me. No cares for my own person, nor yet for my private affair's, would have induced one moment's hesitation to accept the charge. But circumstances very peculiar in the situation of my family, such as neither permit me to leave, nor to carry it, compel me to ask leave to decline a service so honorable, and, at the same time, so important to the American cause. The necessity under which I labor, and the conflict 1 have undergone for three days, during wdiich I could not determine to dismiss your messenger, will, I hope, plead my pardon with Congress ; and I am sure there are too many of that body to whom they may with better hopes con- fide this charge, to leave them under a moment's difficulty in mak- ing a new choice. I am, sir, with the most sincere attachment to your honorable body, and the great cause they support, their and your most obedient, humble servant. But a more adetjuate and interesting revelation of his motives, than is contained in the above letter, is found among his private Memoranda. After repeating the domestic causes already stated, he says : " I saw., too, that the laboring oar loas really at home., where much was to he done, of the most permanent interest, in new-modelling our governments, and much to defend our fanes and firesides, from the desolations of an invading enemy, pressing on our country in every point. I declined, therefore, and Dr. Lee was appointed in my place." OF THOMAS JEFFERSON. 133 CHAPTER V. Mr. Jefferson took his seat in the Legislature of Virginia, on the 7th of October, 177G, the opening day of the session. The first ob- ject of reform, which arrested the attention of his enquiring mind, was the Judiciary System ; the organization of v/hich, upon the broad basis of reason and common sense, struck him as a measure of superlative importance. Besides being indispensable, in great part, to meet the external revolution of the government, such a sclieme of improvement, was eminently calculated to attach the pop- ular bias to the new order of things, — which should ahvays be the first business of the Reformer. In the French Revolution, for in- stance, the principle of a la mode simply, which arranged all the handsome young women on the side of democracy, was an engine of more power m that Nation, than the two hundred thousand men of the King. But the potent enthusiasm of new opinions, will sub- side with the novelty of them, and expire in a more potent revulsion, unless fortified by the gradual attainment of such real advantages as are competent to satisfy the reasonable anticipations of the adher- ent multitude. No man had studied, with more fidelity, the opera- tions of the human mind, or knew how to control them with more certainty and efiect, than Mr. Jefferson. He was less adapted than many others, to raise the tempest, but no one was better fitted to ride on, and direct it. He was clearly the magician of the age in this way ; and the secret of his power lay in his mode of exerting and applying it. The cherishment of the jJeople was the vital princi- ple of his policy, and the spring of his unprecedented success. The object, which he was now about to forward, was an eminent illustration of this wise policy. The administration of justice, is a subject of profound and universal concernment. It comes home to the ' business and bosoms of men.' The measure which should en- graft it, in sound and judicious forms, upon the infant body politic, would be an example of disinterested reform, that would concen- trate, at once, the energies of popular favor. On the 11th of October, therefore, he obtained leave to bring in a Bill for the establishment of Courts of Justice. The proposition J 34 LIFE, WRITINGS. AND OPINION.-^ was referred to a committee, of which he was chairman. He draft ctl the ordinance ; submitted it to the committee, by whom it was approved ; and reported it to the Hourie, where, after passing tluough the ordinary course, it was adopted with unanimity. The system proposed by Mr. Jefferson, was simple in its organi- zation, and highly republican in its spirit. It is retained, essential- ly unimpaired, in the existing code of Virginia. It established the model for succeeding Legislatures, in the different States, as they successively proceeded to the same duty ; and its main features are observable in the Judiciary Systems of all our State governments, at the present day. It divided the State into counties, and erected three distinct grades of Courts — County, Superior, and Supreme. The quality and extent of jurisdiction, prescribed to each grade, were similar to the prevailing divisions on that subject, in the United States. The trial by jury was guarded with extreme circumspection. In all questions of fact, or of fact and law combined, the reference to a jury was made imperative in the Courts of Law ; and the franier of the bill had designed to make it imperative also, in the Court of Chancery ; but the provision was defeated in the House, ]iy the in- troduction of a discretionary clause, on motion of Mr. Pendleton, a gentleman of high English prejudices. The consequence has been, that as no suiter will say to his judge, ' Sir, I distrust you, give me a jury,' juries are rarely, perhaps never, seen in that Court, but when ordered by the Chancellor of his own accord. On the following day, October 12, he brought forward his celebra- ted Bill for the aboUtion of the Law of Entails. This was a cardinal measure, and a bold one for the political semi-barbarism of that age. Nor could a body of men have been easily selected, upon whose sensibilities the proposition would have grated with more harshness, than upon the refined aristocracy of a Virginia Assembly. The strong lines of discrimination, which were impressed upon the socie- ty of Virginia, during the early stages of the settlement, are celebra- ted in history ; nor has the genius of her republican institutions been successful, as yet, in obliterating those artificial and dissocializ- ing distinctions, or in extinguishing the high aristocratical spirit which they engendered. In the earlier times of the Colony, when lands were to be obtained for little or nothing, certain provident in- dividuals procured large grants ; and,, desirous of founding great OF THOMAS JEFFRSON. 13 5 families for themselves, settled them on their descendants in fee tail. The transmission of these estates from generation to generation, in the same name, raised up a distinct set of families, who, being privi- leged by the law, in the perpetuation of their wealth, were thus formed into a Patrician order, distinguished by the splendor and luxury of their establishments. This order, having in process of time, engulphed the greater part of the landed property, and with it, the political power of the Province, remained stationary, in gener- al, on the grounds of their forefathers ; for there was no emigration to the westward in those days. The Irish, who had gotten posses- sion of the valley between the Blue-Ridge and the North Mountain, formed a barrier over which none ventured to leap ; and their man- ners presented no attractions to the opulent lowlanders to settle among them. " In such a state of things," says Mr. Jefferson, " scarcely admit- ting any change of station, society would settle itself down into sev- eral strata, separated by no marked lines, but shading off impercep- tibly from top to bottom, nothing disturbing the order of their re- pose. There were, then, first aristocrats, composed of the great landholders who had seated themselves below tide water on the main rivers, and lived in a style of luxury and extravagance, insup- portable by the other inhabitants, and which, indeed, ended, in sever- al instances, in the ruin of their own fortunes. Next to these were what may be called Jialf breeds; the descendants of the younger sons and daughters of the aristocrats, who inherited the pride of their ancestors, without their wealth. Then came the pretenders, men who from vanity or the impulse of growing wealth, or from that en- terprize which is natural to talents, sought to detach themselves from the plebeian ranks, to which they properly belonged, and unitated, at some distance, the manners and habits of the great. Next to these, were a solid and independent yeomanry, looking askance at those above, yet not venturing to jostle them. And last and lowest, Sifeculum of beings called overseers, the most abject, degraded, un- principled race ; ahvays cap in hand to the dons who employed them, and furnishing materials for the exercise of their pride, inso- lence, and spirit of domination." By birth and fortune, Mr. Jefferson belonged to the aristocracy ; but his intellectual tastes revolted him from the indolent and volup- tuous habits which marked the lives of that order ; and his political principles attached him, by early and indissoluble sympathies, to the solid and independent yeomanry, whom he represents as ' look- ing askance' at those above them. 136 LIFE, WRITINGS, AND OPINIONS " Those who labor in the earth," he early declared, " are the choS' en people of God, if ever he had a chosen people, whose breasts he lias made his peculiar deposit for substantial and genuine virtue. It is the focus in which he keeps alive that sacred lire, which oth- erwise might escape from the face of the earth. Corruption of morals in the mass of cultivators, is a phenomenon of which no age nor nation has furnished an example. It is the mark set on those, who not looking up to heaven, to their own soil and industry, as does the husliandman, for their subsistence, depend for it on the casualties and caprice of customers. Dependence begets subservi- ence and venality, suffocates the germ of virtue, and prepares fit tools for the designs of amliition. This, the natural progress and consequence of the arts, has sometimes, perhaps, been retarded by accidental circumstances ; but, generally speaking, the proportion, vrhich the aggregate of the other classes of citizens bears, in any State, to that of its husbandmen, is the proportion of its unsound to its healthy parts, and is a good enough barometer whereby to measure its degree of corruption." Impressed with these strong, unsophisticated views, he bewailed, with an incessant desire of redressment, the vitiated and fearfully an- ti-republican features, which characterized the social state of Vir- ginia. The Law of Entails was the key-stone of this pernicious oli- garchy. Besides locking up the lands of the Commonwealth in the hands of a fixed nobility, and thereby discouraging immigration, it legitimated the mastery of might over right, and in the most effectu- al forms. It was a weapon, which the law itself superadded to the multitude of natural means, to assist the strong in beating down and trampling upon the weak. It enabled the original and opulent pro- prietaries of the " Ancient Dominion," or their descendants, to per- petuate the unnatural supremacy of wealth, over talents and virtue, and to entail upon society ad infinitum^ the most disastrous corrup- tions of the regal dynasty. Children became disobedient and dis- sipated, or relapsed into a state of indolent independence, when they knew they could not be ousted of their estates ; creditors were de- frauded of their honest debts ; and bona fide purchasers were, in many instances, either deprived of their title altogether, or compell- ed to resort to courts of justice, to substantiate it against innumera- ble latent entails. The abolition of this prerogative, therefore, was rightly deemed by Mr. Jefferson, a first measure in repubhcanizing the institutions, manners and customs of his country. " To annul this privilege," says he, " and instead of an aristoc- racy of wealth, of more harm and danger, than benefit, to society, to OF TH61MAS JEFFERSON. 137 make an opening for the aristocracy of Adrtue and talent, which na- ture has Avisely provided for the direction of the interests of society, and scattered witli equal hand through all its conditions, was deem- ed essential to a well ordered republic. To effect it, no violence was necessary, no deprivation of natural right, but rather an enlarge- ment of it, by a repeal of the law. For tliis AA'ould authorise the present holder to divide the property among his children, equally, as his affections were divided ; and would place them, by natural generation, on the level of their fellow citizens." The Repeal was resisted, with desperation, by the sturdy and in- exorable barons of the Legislature. It would doubtless amuse the modern mind, to have a peep at the arguments which were urged against a measure, so clearly dictated by every principle of justice and sound policy : but unfortunately they have not been preserved. The opposition was headed by Edmund Pendleton, speaker of the House, a gentleman of great capacity, but zealously attached to an- cient establishments. He had been the jirotege of the lordly John Robinson, the acknowledged leader, of the landed aristocracy, for half a century ; and the mantle of his patron had fallen upon him- self. His personal influence was gigantic, and his powers as a de- bater, were of a high order. For dexterity of address, fertility of resource, and parliamentary management, he was without a rival. With such a champion, some idea may be formed, oi the character and force of the opposition. But their resistance was unavailing. Finding they could not overthrow the gene'til principle of the bill, they took Jieir stand on an amendment »vhich they proposed, — in- stead of absolute abolition, to permit t-^ie tenant in tail, to convey in fee simple, if he chose it : and thej were within a few votes of sav- ing so much of the old law. But after a severe contest, the bill finally passed for entire abolition ; and thus, to use the language of the Author, was " broken up the hereditary and high-handed aris- tocracy, which, by accumulating immense masses of property in single lines of family, had divided our country into two distinct or- ders of nobles and plebeians." The following short preamble intro- duces the act. " Whereas, the perpetuation of property in certain families, by means of gifts made to them in fee taille, is contrary to good policy, tends to deceive fair traders, who give credit on the visible possession of such estates, discourages the holders thereof from taking care and improving the same, and sometimes does injury to the morals of youth, by rendering them independent of, and disobedient to 138 LIFE, WRITINGS, AND OPINIONS their parents ; and whereas, the former method of docking such estates taille, by special act of Assembly, formed for every particular case, employed very much of the time of the Legislature, and the same, as well as the method of defeating such estates, when of small value, was burthensome to the public, and also to individuals : " Be it therefore enacted, &c. The next prominent heresy in the pohtical economy of Virginia, which encountered the keen glance of the Reformer, was her Reili- gious Establishment. This institution, he considered one of the most preposterous and deleterious remnants of the repudiated regen- cy ; but his advances upon this sulrject, in all its breadth and bear- ings, had left the residue of mankind, with few exceptions, far in the rear of his conclusions. The Church establishment of Virginia was of the Episcopal order, coeval with its first colonization, and, in all respects, a filiation of the parent hierarchy. The first settlers of the Colony were Eng- lishmen, loyal subjects to their King and Church ; and the grant of Sir Walter Raleigh, contained an express proviso, that their laws 'should not be against the true christian faith, now professed in the Church of England.' They emigrated from the bosom of the mother church, ' just at a point of time, when it was flushed with complete victory over the religious of all other persuasions. Pos- sessed, as they became, of the powers of makhig, administering, and executing the laws, they showed equal intolerance in this country, with their Presbyterian bretheren, who had emigrated to the north- ern governments.'* As so^n as the state of the Colony admitted, it was divided into parishes, in tach of which was installed a minister of the Anglican church, endowed with a fixed salary in tobacco, a glebe house and land, with the other necessary appendages. To meet these expenses, all the inhabitants of the parish were assessed, whether they were, or not, members of the established Church. The integrity of the institution was guarded by the severest penal- ties against schismatics. Besides the Common Law provisions against heresij, making it a capital offence, punishable by burning, their own statuary enactments were scarcely less flagitious. Sever- al acts of the Viiginia Assembly, about the middle of the seventeenth century, had made it penal in parents to refiise to have their chil- dren baptised ; had prohibited the unlawful assembling of Quakers ; * Notes on Virginia, p. 216. OF THOMAS JEFFERSON. 139 had made it penal for any master of a vessel to bring a Quaker into the State ; had ordered those already there, and such as should come thereafter, to be imprisoned till they should abjure the country ; pre- scribed a milder punishment for the first and second return, but death for the third ; had inhibited all persons from suffering their meetings in or near their houses, entertaining them individually, or disix)sing of books which supported their tenets. And so late as 1705, an act of Assemljly Avas passed, declaring, if any person iDrought up in the Christian religion, denied the being of a God, or the Trinity, or asserted there were more Gods than one, or de- nied the Christian religion to be true, or the scriptures to be of divine authority, he was punishable on the first offence, by incapacity to hold any office or employment, ecclesiastical, civil, or military ; on the second, by disability to sue, to take any gift or legacy, to be guar- dian, executor, or administrator, and by three years imprisonment without bail. »Such is an epitome of the religious slavery, which existed at this dine, in Viiginia , and 'if no evp^-ntiono Lad Uiken place, as did in New England, it was not owing to the moderation of the Church, or spirit of the Legislature, as may be inferred from the laws them- selves ; but to historical circumstances which have not been hand- ed down to us.'* The Convention which sat in May, '76, in their Declaration of Rights, had indeed proclaimed it to be a truth, and a natural right, that the exercise of religion should be free ; " but when they proceeded," says Mr. Jefferson, " to form on that Declara- tion, the ordinance of government, instead of taking up every prin- ciple declared in the Bill of Rights, and guarding it by legislative sanction, they passed over that which asserted our rehgious rights, leaving them as they found them." The wlijole catalogue of spirit- ual oppressions, therefore, was reserved for himself to wipe away ; to effect which, was an enterprise of a more desperate character than any he had ever undertaken. The generous excitement of the Revolution, was a powerful auxiliary to him ; but the state of the country, in general, exhibited the strange phenomenon, of a people devoting their lives and fortunes, for the recovery of their civil free- dom, and yet clinging, with idolatry, to a mental tyranny, tenfold more presumptuous and paralyzing, than all their external bonds. * Notes on Virginia, p. 216. 140 Lipi:, wrRiTiNGS, aj?d of iiSrioiSrs Other moral causes, however, still more efficacious, combined with the spirit of the Revolution, to assist him in the arduous labor oi spiritual disenchantment. These causes are summarily stated by himself. "In process of time, however, other sectarisms w^ere introduced,- chietly of the Presbyterian family ; and the established clergy, se- cure for life in their glebes and salaries, adding to these, generally, the emoluments of a classical school, found employment enough in their farms and school rooms, for the rest of the week, and devoted' Sunday only to the edification of their flock, by service, and a sei'- mon at their parish church. Their other pastoral functions were little attended to. Against this inactivity, the zeal and industry of sectarian pi-eachers had an open and undisputed field ; and by the time of the Revolution, a majority of the inhabitants had become dissenters fi-om the estabhshcd church, but vrere still ol)liged to pay contril)utions to support the pastors of the nnnority. This unright- eous compulsion, to maintain teachers of what they deemed religious errors, was grievously felt during the regal government, and without a hope of relief. But the first repubhcan Legislature, which metii> '76^ was crowded with petitions to abolish this spiritual tyrctuuy."' Encouraged by the rising spirit of determination among the dis- senters, and relieved from the complicated restraints which external- ly barred all improvement, under the monarchy, he commenced hi& attack on the dominant religion, eaily in the session — to wit, on the 11th of October. This bold and imposing movement, supported by the incessant and well directed appeals of the petitioners, roused the privileged clergy fiom their luxurious and protracted inertness. Counter memorials, accordingly, poured in from every cjuarter, soli- citing a continuance of the ecclesiastical polity, upon principles of justice, wisdom, and expediency. They represented, that the repeal of the church establishment would be an ex post facto enactment, and a violation of the public faith ; that the Episcopal clergy had entered upon their endowments, with the plighted obligation of the government to continue them therein, during life, or good behavior, as a compensation for their services, and that they held them by a tenure as sacred as that by which any man has secured to him his private property ; that the Episcopahans did not mean to encroach on the religious rights of any sect of men, yet they conceived the ex- istmg institution^, consecrated by the practice of so many years, as eminently conducive to the peace and happiness of the State ; much confusion, and probably civil commotions would attend the propos- OF THOMAS JEFFERSON. 141 ed change ; and finally, that an appeal should be made, for the de- cision of so important a question, to the sentiments and wishes of the people at large. The petitions, on the other hand, expatiated in bewitching strains, upon the l^urning theme of liberty ; and blend- ed with unanswerable demonstrations of right and reason, the pa- thetic expostulations of bereaved freemen. The subject was referred to the Committee of the whole House, on the state of the country, with the multitude of appertaining memorials and remonstrances. " These," says Mr. Jefferson in 1820, '• brought on the severest contests m which I have ever been engaged. Our great opponents, were Mr. Pendleton and Robert Carter Nicholas ; honest men, but zealous churchmen," The ma- jority of the Legislature, unfortunately, were of the same religious stamp, which forced an alteration in the mode of attack, on the leader of the reform party. Finding he could not maintain the ground on which he set out, he varied his position from absolute, to partial abolition; and after vehement contests in the committee, al- most daily, from the 11th of October, to the 5th of December, he prevailed so far only, as to repeal the laws, which rendered criminal the maintenance of any religious opinions, the forl)earance of re- pairing to cliurch, or the exercise of any mode of w^orship. By the same act also, he secured a provision, exempting dissenters from contibutioiis to the support of the established church, and sus- pending, until the next session only, levies on the members of the church for the salaries of their own incumbents. But his oppo- nents carried in a declaratory saving, that religious assemblies ought to be regulated, and that provision ought to be made for con- tinuing the succession of the clergy, and superintending their con- duct. They succeeded also, in incorporating an express reserva- tion of the ultimate question, — Whether a general assessment should not be estabhshed by law, on every one, to support the pastor of his choice ; or whether all should be left to free and voluntary contributions. This question, the last prop of the tottering hierar- chy, reduced the struggle to one of pure principle. The particu- lar object of the dissenters being secured, they deserted the volunteer champion of their cause, and went over, in troops, to the advocates of a general assessment. This step, the natural proclivity of the sectarian mind, showed them incapable of religious lil^erty, upon an expansive scale, or broader than their own interests, as schismatics^ 13* 142 " LIFE, WRITINGS, AND OPINIONS But the defection of the dissenters, painful as it was, only stimtr- lated his desire for total abolition, as it developed more palpably, the evidences of its necessity. He remained unshaken at his post ; and brouoht on the reserved question, at every session, from 76 to '79 ; during which time, he could only obtain a suspension of the levies from year to year, until the session of '79, when, by his unwearied exertions, the question was carried definitively, against a general assessment, and the establishment of the Anglican church entirely overthrown. This achievment is one of the standing monuments of that glo- ry-hallowed age, and of its great intellectual magician. The Rev- olution itself, with its catalogue of civil and political liberations- would have been but o. compromise, without it, between despotism and freedom ; and the balance would have been against us, in the same proportion as the liberties of a nation depend more on the moral, than on the political condition of its inhabitants. If ever there was an occasion, when the American people might glory in the superiority of their discoveries in the science of governmenty over the aggregate attainments of the nations of the earth, and ])oast of having produced a legislator, wis^r than the wisest of their own, greater than the greatest of antiquity, it was that on which the Author of tliis act, peaceably, and by the mere force of reason^ banished from their political code, a heresy, fundamental in char- acter, consecrated by immemorial adoption, universal and uninter- rupted transmission, and cherished by the most indonatable preju- dices of the human mind. The liistory of the world presents no other example of a dissolution of Church and State, uncrimsoned by the l)lood of the martyr, or unattended, sooner or later, by a re^ establishment of the union, upon the basis of a more powerftil sec- tarism. It belonged to America, guided by the unsophisticated counsels of a native lawgiver, to establish the legitimate theory on this momentous subject, by exempting the operations of the human mind, in toto, from the jurisdiction of civil government. The other nations of the earth, catching their inspiiation from the American altar, are approximating, in slow degrees, to the same beneficent result ; and the time is not far distant, probably, when the policy of Mr. Jefferson will be universally recognized and put in practice. Who, then, can set limits to the magnitude of this political innova- ion, or the merits of its unrestrained originator ? It is from such OP THOMAS JEFFERSON. 14S contiaests, achieved by such means, that the collect standard is de- rived, which determines the relative preponderance of empires, as of individuals, in the scale of greatness, power, and respectability. Thus was the cause of religious liberty astonishingly advanced. But still the work was incomplete. Statutory oppressions were dis- annulled ; but those which existed at the common law^, continued in force ; nor were the advantages already gained, secured by any |X)sitive legislative sanction. The proceedings hitherto, upon the subject, were of a belligerent character ; and although crownied ^^^th unexampled success, were regarded by the mover, in great part, as an experiment upon public opinion, ' indicative,' as he expressed it, ' of the general pulse of reformation.' The immortal barrier which he sul>se(iuently erected, in perpetual security of the rights, of which he had already procured the recognition, forms the inimitable con- clusion of this impressive drama. We allude to his celebrated Re- ligious Freedom Bill, universally regarded as the chiefest of the bulwarks of human rights. As it constitutes a part of his gefteral Code of Revisal, the merits of this bill wDl be more particularly considered, when we come to develope the features of that vast and recondite labor. The next prominent corruption of the Monarchy, which Mr. Jefferson regarded as fatally inconsistent with the republican change, was the existence, and the practice of slavery. We have already seen hun, on two occasions, exerting his talents, and raising his prophetic voice, in awful admonition, against the continuance of this atrocious and wide spread injustice. The result of his for- mer attempt in the Legislature, which was based upon man- umission, or the permission to emancipate, had convinced him, of the utter impracticabihty of maintaining that ground ; and of the necessity of attacking the evil in such mode as should militate less diamatrically against the interests and prejudices of the reigning population. He took his stand, therefore, upon a proposition to abolish the execrable commerce in slaves ; which, by stopping im- portation, would arrest the increase of the evil, and diminish the obstacles to eventual eradication. But the business of the war pressing heavily upon the Legislature, the subject was not acted upon definitively, until the session of '78, wdien the bill was carried without opposition, and the slave trade triumphantly al^olished in Vu-ginia. The vast importance of this measure, and the grounds 144 LIFE, WRITINGS, AND OPINIONS upon which the author may contest the merit of priority, with the world, in the benevolent enterpise of African emancipation, will be explained at greater length, when we arrive at that period of his le- gislative history. The next object of public improvement, which struck the atten- tive mind of Mr. Jefferson as being of immediate urgency, was the removal of the Seat of Government. The situation of Williams- burg Avas so exposed, that it might be captured at any time in war, by the enemy running up, in the night, either of the rivers be- tween which it lay, landing a force above, and taking possession ; without the possibility of saving either the officers and archives of the government, or the military magazines. The Seat of Gov- ernment had been originally fixed at Jamestown, the first settle- ment of the colonists ; whence it had l)een afterwards removed a few miles inland, to Williamsburg. But at that time the settle- ments had not extended beyond the tide waters ; now they had cros«ed the Allegany ; and the centre of population had travelled fai' into the interior, from what it had been. In view of these con- siderations he submitted a proposition, early in October, for the re- moval of the government seat from Williamsburg to Richmond, the present metropolis ; but it did not prevail until the session of May, 79. Such were some of the astonishing feats of legislation, with which Mr. Jeflerson commenced the process of republican izing the institutions of America, in the first regular Legislature that was or- ganized on the dissolution of the Monarchy. They were all, it will be perceived, of an elementary character, and highly demo- cratic in their object and tendency. But still, the unique and deeply interesting work was only begun — so thought the reaching and untrammelled Innovator who contrived it. The original plan which he had proposed to himself, on determining to leave the floor of Congress, comprehended the entire resolution, and recast- ing into other forms, of the anciently established and generally re- ceived bases of civil government. " So far,"' says he, in his brief notes of these transactions, " we were proceeding in the details of reformation only ; selecting points of legislation, prominent in character and principle, ur- gent, and indicative of the strength of the general pulse of re- formation. When I left Congress in '76, it was in the persuasion, that oar whole code must be reviewed, adapted to our republican OF THOMAS JePFERSOK. 145 form of government ; and now, that we had no negatives of Councils, Governors and Kings to restrain ns from doing right, that it should be corrected in all its parts, with a single eye to reason and the good of those for whose government it was framed." In pursuance of his original design, therefore, he now brought forward a proposition, which stands recorded in the Statute books of Virginia, in the following terms. "Whereas, on the late change which hath of necessity been intro- duced into the form of government in this country, it is become also necessary to make corresponding changes in the laws hereto- fore in force ; many of which are inapplicable to the powers of gov- ernment as now organized, others are founded on principles hetero- geneous to the republican spirit ; others, which long before such change, had been oppressive to the people, could yet never be re- pealed while the regal power continued ; and others, having taken their origin v/hile our ancestors remained in Britain, are not so well adapted to our present circumstances of time and place ; and it is also necessary to introduce certain other laws, which, though prov- ed by the experience of other States to be friendly to liberty and the lights of mankind, we have not heretofore been permitted to adopt ; and whereas a work of such magnitude, labor, and difficulty, may not 1)0 effected during the short and busy term of a session of Asseml^ly : "Be it therefore enacted, by the General Assembly of the Com- monwealth of Virginia, and it is hereby enacted by the authority of the same, — That a connnittee, to consist of five persons, shall be appointed by joint Imllot of both Houses, (three of whom to Ije a quoriun.) who shall have full power and authority to levise, alter, amend, repeal, or introduce all or any of the said laws, to form the same into Bills, and report them to the next meeting of the Gener- al Assembly", The resolution was passed on the 24th of October, 76, and on the 5th of November, Mr. Jefferson, as chairman, was associated in a commission with Edmund Pendleton, George Wythe, Georare Mason, and Thomas Ludwell Lee, to execute the contemplated revisal. The Commissioners were elected by a joint ballot of both Houses ; and the choice resulted in the selection of an assemblage of characters, Avhich united the first order of capacity, intelligence, and legal research, to a preponderance of the rankest revolutionary principles. Suitable provisions were added, to render the execution of a work of such magnitude and difficulty, as easy and expedi- tious as practicable ; and such was the importance attached to the result of their laljors, that the Assembly excused Mr. Wythe from 146 LIFE, WRITINGS, AND OPINION'S his attendance in Congress, to secure his undivided co operatioiT, Having accepted the arduous and responsible charge, the Commit- tee of Revisors immediately came to an agreement, to meet at Fredericksburg, in January ensuing, to settle the plan of operation, and to distribute the work. The foundation was thus laid, for en- abling the great republican lawgiver, to pursue his system of reform, so auspiciously commenced, in all the latitude of his long cherished and well expressed purpose, — ' with a single eye to reason, and the good of mankind.' But in the midst of this brisk and bold-spirited action of the in- cipient popular Administration, an irregularity occurred, which, had it been permitted to prevail, would have been a standing evidence, of the incapacity of man for self-government. The autumn of '76, was one of the darkest and most distressing periods of the Revolu- tion. The courage of the country seemed to relapse into a tempo- rary panic. The fortitude of the Virginia Legislature, fell for a season ; and in a moment of terror and despondency, the demented project was seriously meditated of creating a Dictator, investeiJ with every power, legislative, executive and judiciary, civil and military, of life and of death. The scheme originated with the aristocratic portion of the House ; and produced an exacerbation of temper which menaced a violent dissolution of the body. A dis- crimination of political sentiment was developed by the event, which before, was deemed incredible among the members of that he- roic Legislature. The republican and the monarchist stood unveiled, as if by the power of magic ; and such was the discrepancy of opinion and of honest zeal, — for no one has attempted to impeach the motives of either party, — that they walked the streets on different sides. It was on this occasion, that Col. Archibald Cary, mover of the cele- brated resolutions of Independence, now Speaker of the Senate, manifested a patriotic sternness, which has placed him in history, along side of a Cato and a Brutus.* Meeting Col. Syme, the step- brother of Patrick Henry, in the lobby of the House, during the agitation, he accosted him with great fierceness, in the following terms : — " I am told that your brother wishes to be Dictator : tell him from me, that the day of his appointment, shall be tlie day of his death, — for he shall feel my dagger in his heart, before the sun *Girardin, p.l92. OP THOMAS JEFFERSON. 147 set of that day."* The feeUngs excited m the mind of Mr. Jeffer- son, who was eminently instrumental in crushing the parricidal project, may be inferred from that nervous and overpowering devel- opment of its nature and tendency, whicli he recorded, a few years after, as an everlasting warning to his countrymen. The following is an extract. " One, who entered into this contest, from a pure love of liberty, and a sense of injured rights, avIio determined to make every sac- rifice, and to meet every danger, for the re establishment of those rights, on a firm basis, who did not mean to expend his blood and substance, for the w^retched purpose of changing this master for that, but to place the powers of governing him, in a plurality of hands of his own choice, so that the corrupt will of no one man, might in future oppress him, must stand confounded and dismayed, when he is told, that a consideral^le portion of that plurality, had meditated the surrender of them, into a single hand, and, in lieu of a limited monarchy, to deliver him over to a despotic one ! How must he find his efforts and sacrifices abused and baffled, if he may still, by a single vote, be laid prostrate at the feet of one man ? In God's name, from whence have they derived this power ? Is it from our ancient laws ? None such can be produced. Is it from any principle in our new constitution, expressed or implied ? Every lineament of that, expressed or implied, is in full opposition to it. Its fundamental principle is, that the State shall be governed as a Commonwealth. It provides a republican organization, proscribes under the name of prerogative, the exercise of all powers undefined by the laws ; places on this basis, the whole system of our laws ; and by consolidating them together, chuses that they should be left to stand or fall together, never providing for any circumstances, nor admitting that such could arise, wherein either should be suspended, no, not for a moment. Our ancient laws expressly declare, that those who are but delegates themselves, shall not delegate to others, powers, which require judgment and integrity in theii" exercise. — Or was this proposition moved, on a supposed right in the movers of abandoning their posts in a moment of distress ? The same laws forbid the abandonment of that post, even on ordinary occa- sions : and much more, a transfer of their powers into other hands, and other forms, without consulting the people. They never admit the idea, that these, like sheep or cattle, may be given from hand to hand, without an appeal to their own wiU. Was it from the necessity of the case ? Necessities which dissolve a government, do not convey its authority to an oligarchy or a monarchy. They *Allhough it was generally supposed that Mr. Henry, then Gov. of the State, was the person in view for the Dictatorship, yet there is no evidence that ha was implicated in the scheme himself, or had any knowledge of it. 148 LIFE, WRITINGS, AND OPINIONS throw back, into the hands of the people, the powers they had del- egated, and leave them as individuals to shift for themselves. A leader may ofier, but not impose himself, nor lie imposed on them. Much less can their necks be submitted to his sword, their breath to be held at his will, or caprice. The necessity which should operate these tremendous effects, should at least be palpable and irresisfeable. * * * In this State alone, did there exist so little virtue, that fear was to be fixed in the hearts of the people, to become the mo- tive of their exertions, and the principle of their government ? The very thought alone, was treason against the people ; was treason against mankind in general; rivetting for ever the chains Avhich bow down their necks, by giving to their oppressors a proof, which they would have trumpeted through the universe, of the imbecility of republican government, in times of pressing danger, to shield them from harm. Those who assume the right of giving away the reins of government in any case, must be sure that the herd, whom they hand on to the rods and hatchet of the dictator, Avill lay their heads on the block, when he shall nod to them. But if our Assemblies supposed such a resignation in the people, I hope they mistook their character. I am of opinion, that the government, in- stead of being braced and invigorated for greater exertions, under their difficulties, \vould have been thrown back upon the bimgling machinery of county committees for administration, till a con- vention could have been called, and its wheels again set into reg- ular motion. What a cruel moment was this, for creating such an embarrassment, for putting to the proof, the attachment of our countrymen, to republican government ?" On the 13th of January, 1777, the committee appointed to Re- vise the Laws, assembled at Fredericksburg, agreeably to previous arangement, to settle the general principles of execution, and to dis- tribute the labor. In relation to the first business of the consulta- tion, the primary question was, 'whether they should propose to abolish the whole existing system of laws, and prepare a new and complete Institute, or preserve the general system, and only modify it to the present state of things.' Mr. Pendleton, contrary to his usual disposition in favor of ancient things, was for the former proposition, in Avhich he was joined by Mr. Lee. To this it w^as objected by Mr. Jeffei'son, that to abrogate the whole system, would be a bold measure, and probably far beyond the views of the Legis- lature ; that they had been in the practice of revising, fiom time to time, the laws of the Colony, omitting the expired, the repealed, and the obsolete, amending only those detained, and probably now meant they should do the same, only including the British stat' OF THOMAS JEFFERSON, 149 r\tes as well as our own ; that to compose a new Institute, like those of Justinian and Bracton, or that of Blackstone, which was the inodel proposed by Mr. Pendleton, would be an arduous undertak- ing, of vast research, of great consideration and judgment ; and when reduced to a text, from the imperfection of human language, and its incompetence to express distinctly every shade of idea, would become a subject of question and chicanery, until settled by repeated adjudications ; that this woidd involve us for ages in liti- gation, and render property uncertain, until, hke the statutes of old, every word had been tried and settled by numerous decisions, and by new volumes of reports and commentaries ; and, to be systemat- ical, must be the work of one hand.' This last was the opinion also of Mr. Wythe and Mr. Mason, and was consequently adopted as the rule. They then proceeded to the distribution of the labor ; upon which, Mr. Mason excused himself, as, being no lawyer, he felt him- self unqualified to participate in the execution of the work, and re- signed, indeed, soon after. Mr. Lee excused himself on the same ground, and lived but a short time longer. The whole undertak- ing, consequently, devolved on Mr. Jefferson, Mr. Pendleton, and Mr. Wythe, who divided it among themselves, in the following manner : — The whole Common Law, and the Statutes to the 4th James L — when their separate Legislature was established, — were assigned to Mr. Jefferson ; the British Statutes, from that period to the present day, to Mr. Wythe ; and the Virginia laws to Mr. Pen- dleton. As the Law of Descents and the Criminal Law fell within tlie portion assigned to Mr. Jefferson, in both of which he designed to introduce certain fundamental changes, he submitted his intentions to the committee, vdth a view to obtain their concurrence. First, with respect to Descents, he proposed to abolish the law of Primo- geniture, and to make real estate descendible in equal partition to the next of kin, as personal property was, by the statute of distribution. Mr. Pendleton objected to the plan, and insisted «pon preserving the right of primogeniture entire ; but finding be could not main- tain the whole, he proposed to adopt the Hebrew principle, and give a double portion to the elder son. In reply, Mr. Jefferson observed, " that if the elder son could eat twice as mucli, or do double work, it might be a natural evidence of his right to a double portion ; but being on a par, in his powers and wants, Avith his Ijrothers and sis- 14 150 LIFE, WRITINGS, AND OPINIONS ters, he should be on a par also in the partition of the patrimony." The argument was as coiichisive as it was characteristic ; and, the other members of the committee concurring with him, the principle was adopted. On the subject of the Criminal Law, he proposed, as a fundamen- tal rule, that the punishment of death should be abohshed, in all cases, except for treason and murder. The extraordinary humani- ty of this proposition, is illustrated by the fact, that at this time, the penal code of Great Britain comprehended more than two hundred offences, besides treason and murder, punishalile by hanging ; ma- ny of which were of so venial a nature as scarcely to deserve flagel- lation. The innovation recommended would sweep from the parent code, all its cruel and sanguinary features, without impairing its en- ergy, as modern experience has proved, and present an example to mankind, of wise and philanthropic legislation, which of itself would be enough to immortalize the Revolution. The proposition was ap- proved by the committee ; and for all felonies, under treason and murder, it was agreed to suljstitute, in the room of capital punish- ment, hard labor in the public works, and, in some cases, the lex tali- onis, or law of retaliation. With the last mentioned substitute, Mr, Jefferson was dissatisfied, but acquiesced in the decision of the board. "How this revolting principle," says he, " came to obtain our approbation, I do not remember. There remained, indeed, in our laws, a vestige of it, in a single case of a slave. It was the Eng- lish law, in the time of the Anglo-Saxons, copied probably from the Hebrew law of 'an eye for an eye, a tooth for a tooth,' and it was the law of several ancient people ; but the modern mind had left it far in the rear of its advances." Having decided upon these general principles, as the basis of revision, they repaired to their respective homes, to accomplish the magnificent design. During the years 1777 and 8, the anxieties and agitations of the war weighed so heavily and constantly upon the Legislature, that little attention could be s^pared to advancing the progress of pohtical reform. Mr. JefTerson continued a meml^er, Ijut in obedience to more pressing urgencies, suspended, in great part, the ruling pur- pose of his mind, and buried himself in the external concerns of rev- olution. In all the practical details of legislation, he contrilsuted his full quota of service ; but their volume prevents their incorporation, .to any amount, into this work. Not a moment was passed unen>- OP THOMAS JEFFERSON. 151 ployed. Every interval which could be safely abstracted from his duties in the Legislature, was devoted to the preparation of the Re- vised Code of Virginia, or to a vigilant cu-cumspection of the nation- al affairs. The following letter to Dr. Franklin, in Paris, evinces the tri- umphant satisfaction with which he contemplated the establishment of republicanism on the ruins of monarchy, in his native State, as well as the anxiety and zeal which he carried into every depart- ment of the public service. It is the fourth, in date, of his pubhshed correspondence. " Virgina, August 13, 1777, " Honorable Sir, — ^I forljear to write you news, as the time of Mr. Shore's departure being uncertain, it might be old before you receive it, and he can, in person, possess you of all we have. With respect to the State of Virginia in particular, the people seem to have laid aside the monarchical, and taken up the republican government, with as much ease as would have attended their throwing off an old, and putting on a new suit of clothes. Not a single throe has at- tended this important transformation. A half dozen aristocratical gentlemen, agonizing under the loss of pre-eminence, have some- times ventured their sarcasms on our political metamorphosis. They have been thought fitter objects of pity than of punishment. We are at present in the complete and c[uiet exercise of well organized government, save only that our courts of justice do not open till the fall. I think nothing can bring the security of our continent and its cause into danger, if we can support the credit of our paper. To do that, I apprehend one or two steps must be taken. Either to procure free trade by alliance with some naval power able to protect it ; or, if we find there is no prospect of that, to shut our ports totally to all the world, and turn our Colonies into manufactories. The former would be most eligible, because most conformable to the hab- its and wishes of our people. Were the British Court to return to their senses in time to seize the little advantage which still remains within their reach from this quarter, I judge that, on acknowledging oiir absolute independence and sovereignty, a connnercial treaty beneficial to them, and perhaps even a league of }iiutual offence and defence, might, not seeing the expense or consequences of such a measure, be approved by our people, if nothing in the mean time, done on your part, should prevent it. But they will continue to grasp at their desperate sovereignty, till every benefit short of that is forever out of their reach. I i\'ish my domestic situation had render- ed it possible for me to join you in the very honoralale charge confi- ded to you. Residence in a polite Court, society of literati of the first order, a just cause and an approving God, will add length to a 152 LIFE, WRITINGS, AND OPINIONS life for which all men pra)^, aucl none more than your most obeclieirf and humble servant." In addition to the crowd of military operations, which engaged the attention of the Legislature, two important transactions of a civil character, in both of which Mr. JefTerson took the lead, distinguish- ed the autumnal session of 1777. These were, the ratification of the Articles of Confederation and Perpetual Union, proposed by Con- gress on the 17th of November, '7G ; and the adoption of a plau to dispose of the vast unappropriated lands of Virginia, on the west- ern waters, the avails of which to be applied to the creation of a sinking fund, in aid of the taxes, for discharging the pul^lic debt. A loan office was established, in which the waste and unpatented lands were registered, and sold, from time to time, on moderate terms, for the benefit of the State. In the present posture of affairs, no measure could have been proposed, more directly and widely ben- eficial ; it opened an incalculable resource for the support of the pub- lic credit. The May session of 1778, also, notwithstanding the importunity of the war, and the unremitting assiduities of military preparation, was distinguished by a civil transaction, which is intimately blend- ed with the reputation of Mr. Jefferson, and with the honor of our common country. We allude to the abohtion of the Slave Trade. The bill for this purpose^ it will be recollected, was introduced by him at the October session of '76, but was not acted upon finally, un- til the present, when a more }xirticular illustration of its merits wa? promised, by a historical comparison of the efforts of other nations, in the same benevolent sphere. The British empire has claimed the honor of having set the example to the world, of the renuncia- tion of this diabolical traffick ; and Lord Castlereagh declared, in the House of Commons, on the 9th of February, 1818, that on the sub- ject of making the slave trade punishable by law, Great Britain had led the way. A little attention to dates and transactions, will eluci- date the historical truth on this point. In the year 1791, Mr. Willjerforce, Avho is considered the father of African Abolition in England, made his first grand motion to that effect in the House of Commons. After a vehement and pro- tracted debate, in the course of which, Mr. Fox said, that "if the House did not, by their vote, mark to all niankind their abhorrence of a practice so savage, so enormous, so repugnant to all laws, hu- OF THOMAS JEFFRSON. 153 mail and divine, they would consign their character to eternal in- famy," — the motion was lost by a consideral^le majority. The ensu- ing year, he renewed his proposition, with nnaljated ardor, and again it was rejected by the House. They nevertheless manifested some relaxation in their resistance to the general principle, by vot- ing a gradual abolition, the same year ; but the House of Lords refused to concur. The same vote was again carried in 1794, in (I^ommons, by a very thin House ; but lost with the Peers, by a majority of forty-five to four. Similar results attended the annual and indefatigable exertions of the aljolitionists, for the space of four- teen years ; and it was not until the 25th of March, 1807, that England consented to renounce the Slave Trade, by a law which enacted, that no vessels should clear out for slaves from any port within the British dominions, after the 1st of May, 1807 ; and that no slave should Ije landed in the Colonies after the 1st of March, ISOS. On the 16th of March, 1792, Denmark promulgated a law, which interdicted the Slave Trade on the part of Danish sub- jects, after the commencement of the year 1803 ; and which pre- scribed that all importations of slaves into the Danish dominions should cease at the same period. Sweden, who had never author- ized the trallick, consented to its prohibition in 1813; and the King of the Netherlands in 1814. In France, Bonaparte interdicted it siX)ntaneously and immediately on his return from Elba, in 1815. In 1816, Spain stipulated in a treaty with England, to renounce the trade entirely, after the 30th of March, 1820, in consideration of the sum of four hundred thousand pounds sterling. About the same time, also, a treaty was concluded by the same Power, with Portugal, in which she required the period of eight years to com- plete the work of abolition, together with certain material changes in the commercial relations of the two countries.* From the foregoing statement, it appears, that the high honor of having set the example in the magnanimous work of African Abolition, belongs clearly and aljsolutely to America. That Vir- ginia was the firsi sovereign and independent State, herself a slave holding community, which renounced the nefarious commerce ; that she preceded Great Britain twenty-nine years, and the other principal, slave dealing Powers in Europe, except Denmark, more Walsh's Appeal, pp. 320—364, 14* 154 LIFE, WRITINGS, AND OPINIONS than thirty-five years ; and that among the multitude of statesmen and philanthropists, whose praises have been heralded through the universe, and deservedly so, for their splendid successes in this spe- cies of legislation, the merit of priority, and of self-denying patri- otism, attaches irresistably and incontestibly to Mr. Jefferson. The Bill which he sulDmitted to the Legislature, and which finally re- ceived their sanction, prohibited, under heavy penalties, the intro- duction of any slave mto Yirginia, by land or by water ; and de- clared, that every slave imported contrary thereto, should be imme- diately free ; excepting such as might belong to persons emigrating from the other States, or be claimed by discount, devise, or mar- riage, or be at that time, the actual property of any citizen of the Commonwealth, residing in any other of the United States, or be- long to travellers making a transient stay, and carrying their slaves away with them. The circumstance ought not to be overlooked, that this important triumph w^as achieved amid the turbvilence and anxiety of Revolution ; thus exhibiting the sublime spectacle of a people legislating for the hberties of another and distant continent, before the recovery of their own. The example was followed up by Pennsylvania, Massachusetts, Connecticut and Rhode Island, in the years 1780, W, '88 ; and in 1794 the Congress of the Uni- ted States interdicted the trade from all the ports of the Union, under severe penalties. Thus was the work of al)olition finally consummated in America, and a great step taken towards eradica- ting the inveterate and hydra-headed evil. The cause of emanci- 2>ation is a very ditTeient subject. We have already noticed the opinions, and the official labors of Mr. Jefferson upon that point ; his future and indefatigable efforts in the same cause, diffused, as they are, tluough his v/hole life, will progi-essively develope them- selves in the seqviel. In the month of February, 1779, the Committee of Revisors, having completed their respective tasks, convened at Williamsjjurg, to review, approve, and consolidate them into one Report. They came together day after day, and examined critically their several parts, scrutinizing and amending, until they had agreed on the whole. They had, in this work, embodied all the Common Law which it was thought necessary to alter, all the British Statutes, from Magna Charta to the present day, and all the laws of Vir- ginia, from the establishment of their separate Legislature to the OF THOMAS JEFFERSON. 155 present timej which they thought should be retained, within the compass of one hundred and Uventy-six bills, making a printed foho of ninety pages only. A monument of codification, upon the republican model, almost incredible at that period ! The whole of this herculean labor, the major part of w^hich fell to Mr. Jeifcrson, was accomplished at detached and hurried intervals, amidst the complicated occupations and anxieties of the times, within the brief space of two years. In the execmtion of his part, Mr. Jeffer- son observed a rule, in relation to style, which may appear rather odd to the modern draughtsman. In reforming the ancient stat- utes, he preserved the diction of the text ; and in all new draughts, he avoided the introduction of modern technicalities, and adopted the sample of antiquity ; which, from its greater simplicity, would allow less scope for the chicanery of the lawyers, and remove from among the people, numberless liabilities to litigation. Against the labored phraseology of modern statute.^, he has entered an amusing protest. ' Their verbosity,' says he, 'their endless tautologies, their involutions of case within case, and parenthesis within parenthesis, and their multiplied efforts at certainty, by saids and aforesaids, by ors and by ands, to make them more plain, have rendered them really more perplexed and incomprehensible, not only to common readers, but to the lawyers themselves.' CHAPTER VI. On the 18th of June, 1779, the Committee of Revisors commu- nicated their Report to the General Assembly, accompanied by a letter to the Speaker, signed by Mr. Jefferson and Mr. Wythe, and authorized by Mr. Pendleton. The Revised Code was not enacted in a mass, as was contem- plated ; the minds of the Legislature were not prepared for so ex- tensive a transition, at once, and the violence of the times afforded little leisure for the business of metaphysical discussion and training. Some Bills were taken out, occasionally, from time to time, and passed ; but the main body of the work was not entered upon, un- till after the general peace, in 1785 ; " when," says Mr. Jefferson, 156 LIFE, WRITINGS, AND OPINIONS " by the unwearied exertions of Mr. Madison, in opposition to the endless quibbles, chicaneries, perversions, vexations, and delays of lawyers and denii-lawyers, most of the bills were passed by the Legislature, with little alteration." The distinguished cotemporary, who is represented as having had so important an agency in car- ry in «• this code into operation, has added verbal testimony of the uncommon estimate which he put upon its merits. " It has" says he, " been a mine of legislative wealth, and a model of statuto- ry composition, containing not a single superflnoj/^ word, and prefer ing always words and phrases of a meaning fixed as much as possible by oracular treatises, or solemn adjudications."* In preparing this work, Mr. Jefferson improved the opportunity to push his favorite system of reform into every branch and fibre of administration, which could be reached through that avenue. The principal innovations which he made upon the established or- der of things, were the following : 1. The Repeal of the Law of Entails, which, though separately enacted at the first republican session, he incorporated into the Re- vised Code. 2. The Abrogation of the right of Primogeniture, and the equal division of mheritances among" all the children, or other represen- tatives in equal degree. 3. The Assertion of the right of Expatriation, or a repul^lican definition of the rules wheteby aliens may become citizens, and citizens make themselves aliens. 4. The Establishment of Rehgious Freedom upon the broadest foundation. 5. The Emancipaticfla of all Slaves born after the passage of the act, and deportation at a proper age — not carried into effect. 6. The Abolition of Capital Punishment in all cases, except those of treason and murder ; and the graduation of punishments to crimes throughout, upon the principles of reason and humanity — enacted with amendments. 7. The Establishrtient of a systematical plan of General Educa- tion, reaching all classes of citizens, and adapted to every grade of capacity — not canied into effect. * Letter to S. H. Smith, 1827. OF THOMAS JEFFERSON. 157 The first of these prominent features of the Revival, has already been considered at sufficient length. The second in the catalogue, holds an eminent rank among the ancient and venerable foundations of republicanism. It overturn- ed one of the most arbitrary and unrighteous, am.ong the multiplied; institutions, which have been permitted to evict the laws of God and the order of nature, from the social systeius of mankind. The principle of Primogeniture was a feudal engraftment upon the an- cient common law of England, introduced by William the Con- queror, with the host of kindred burthens and restrictions ; and as it formed the main pillar of the military despotisms in barbarian Scandinavia, so in civilized England, it constituted the grand arte- ry of a hereditary and heavy bearing oligarchy. liike the law of entails, it operated to perpetuate the soil and wealth of the king- dom in single lines of faniiUes, and to create an artificial nobility, founded on the mere circumstance of birth, to the exclusion from all power and place, of the real nobility of talent and virtue, which nature lias wisely ordered for the direction of human aflairs. It did not escape the penetration of Mr. Jefferson, that the existence of such a principle, in a republican government, was a political solecism ; on the extinction of which, depended the consisience and stability of the whole structure. The aristocracy of Virginia opposed the innovation with the usual pertinacity, which marked their adherence to the ancient privileges of the order ; Ijut the bill was finally carried, in 1785, and forms the present lav.- of De- scents in that distinguished Commonwealth. The law on the subject of Expatriation, established the republi- can doctrine on that cardinal and much controverted principle of revolution. The original opinions of the Author, in reference to this question, from the earUest daw3i of colonial resistance, with the singular discrepancy between them and those of his leading compatriots, have been illustrated, in a preceding chapter, by an appeal to the written testimony of that period. Heterodox and presumptuous as his rights of colonization were deemed by the po- litical doctors of tlic first phasis of the Revolution, the public mind had now approximated so nearly to the same point, as to author- ize the attempt to establish them upon a legal basis. The bill for this purpose, was taken up separately, and carried, on the 26th of June, '79, principally through the exertions of George Mason, into 158 LIFE, WRITINGS, AND OPINIONS whose hands the Author had committed it, on his retiring from the Legislature, tlie first of that month. After stating the condi- tions of naturahzation, and declaring who shall be deemed citizens, and who aUens, on terms extremely liberal and democratic, the act goes on to prescribe : " And in order to preserve to the citizens of this Commonwealth that natural right, icliich all men have, of rehnquishing the country, in which birth or other accident may have thrown them, and seeking subsistence and happiness where- soever they may be able, or may hope to find tliem ; and to de- clare, uneciuivocally, what circumstances shall be deemed evidence of an intention in any citizen to exercise that right : It is enac- ted and declared," &c. Having defined the necessary circumstan- ces of evidence, and the mode of proceeding thereon, the act con- cludes by giving to all free white inhabitants of other States, ex- cept paupers and fugitives from justice, the same rights, privileges and inununities, as belong to the free citizens of the Commonwealth, and the liberty of free ingress and egress to and from the same ; reserving, however, the right and authority of retaining persons guilty, or charged with the commission, of any high crime or mis- demeanor in another State, and of delivering them over to the au- thorUiois of the State from which tbey fled, upon demand of the Gov- ernor or executive power of such State. Speaking of this act, the Continuator of Burk's History of Virginia, remarks : " Its operation has been superseded by subsec[uent institutions ; but that philanthropy which opened, in Virginia, an asylum to in- dividuals of any nation not at open war with America, upon their removing to the State to reside, and taking an oath of fidelity ; and that respect for the natural and social rights of men, which lays no restraints whatever on expatriation, and claims the allegiance of citi- zens, so long only as they are willing to retain that character, cannot be forgotten. The legislators of Virginia well knew, that the strong- est hold of a government on its citizens, is that affection which ra- tional liberty, mild laws, and protecting institutions never fail to pro- duce ; especially, when physical advantages march in front with po- litical blessings, and industry and worth are perennial sources of comfort and respectability." The act for the establishment of Religious Freedom, is perhaps the most mteresting feature in the Revised Code. With the single exception of the Declaration of Independence, it is the most celebra- ted of the author's productions, and the one to which himself always recurred with the highest pride and satisfaction. The preamble OF THOMAS JEFFERSON. 159 which ushers in the act, demonstrates, with unrivaled ^andeur, and with the emphasis of mathematical certainty, the premise up- on which the stupendous proposition was founded; "and the disci- ple of truth," says a writer,* "on beholding this temple of refuge, must feel a holier awe from the magnificence of the vestibule." Taldng into consideration the infancy of political science, at that pe- riod, the feeble advance?, in particular, which had been made on the subject of rehgious liberty, the bigoted adhesion of the mind to tra- ditional scruples in spiritual concerns, and the high fermentation of the Church party, smarting under the recent loss of government power and patronage, the erection, by law, of this memorable bul- wark of human freedom, may be regarded as the proudest triumph of reason and philosophy, of which that, or any other age, can boast. The following is the Preamble, with the accompanying Act. " Whereas Almighty God hath created the mind free ; that all attempts to influence it by temporal punishments or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and mean- ness, and are a departure from the plan of the Holy Author of our reli- gion, who being Lord both of body and mind, yet chose not to propa- gate it by coercions on either, as was in his Almighty power to do ; that the impious presumption of legislators and rulers, civil as well as eccle- siastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking, as the only true and infallible, and as such, endeavoring to impose them on others, hath establish- ed and maintained false religious over the greatest part of the world, and through all time ; that to compel a man to furnish contribu- tions of money for the propagation of opinions which he disbeheves, is sinful and tyrannical ; that even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the comfortable liberty of giving his contributions to the particular pastor, whose morals he would make his pattern, and w^hose powers he feels most persuasive to righteousness, and is withdrawing from the ministry those temporary rewards, which, proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labors for the instruction of mankind ; that our civil rights have no dependence upon our religious opinions, any more than our opinions in physics or geometry ; that therefore the proscribing any citizen as unworthy the pubhc confidence, by laying upon him an incapacity of being called to offices of trust and emolument, unless he profess or renounce this or that religious opin- ion, is depriving him injuriously of those privileges and advantages, * S. H. Smith. 160 LIFE, WRITINGS, AND OPINIONS to which in common with his fellow citizens he has a natural right ; that it lends only to corrupt the principles of that religion it is meant to encourage, by bribing with a monopoly of worldly honors and emoluments, those who will externally profess and conform to it ; yet though indeed these are ciiminal who do not withstand sucli tempta- tion, vet neither are those innocent who lay the bait in their way ; that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy, wliich at once destroys all religious liberty, because he being of comse judge of that tendency will make his opinions the rule of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own ; that it is time enough for the rightful pur- poses of civil government, for its officers to interfere when principles break out into overt acts against peace and good order ; and finally, that truth is great and will prevail if left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate, errors ceasing to be dangerous when it is permitted freely to contradict them : " Be it enacted by the General Assembly, That no man shall be compelled to freqvient or support any religious worship.'place, or minis- try, whatsoever, nor shall be en forced, restrained, molested, or burthen- ed in his l3ody or goods, nor shall otherwise suffer on account of his re- ligious opinions or belief ; but that all men shall be free to profess, and by argument to mamtain, their opinion in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities. " And though we well know that this Assembly, elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of successiA-e Assemblies, constituted with.pow- ers equal to our own, and that therefore to declare this act to be irre- vocable would be of no effect in law ; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act should be hereafter passed to repeal the present, or to narrow its operation, suck act will be an in- fringement of natural right." The above is the form in which it received the sanction of the Legislatm-e, and varies somewhat from the original draught. ' The variations,' says the compiler of the Yirginia statutes, 'rendered the style less elegant, though they did not materially affect the sense.' The Bill was not acted upon until the year 17S5, nor carried then, but with considerable difficulty. " I had drawn it," says the author, " in all the latitude of reason and right. It still met with opposition ; but, with some mutilations GP TH6MAS JEFFERSON. 161 III the preamble, it was finally passed ; and a singular proposition proved, that its protection of opinion was meant to l)e universal. Where the preamble declares, that coercion is a departure from the plan of the Holy Author of our religion, an amendment was pro- posed, by inserting the words 'Jesus Christ,' so that it should read, ' a departure from the plan of Jesus Christ, the Holy Author of our religion ;' the insertion was rejected by a great majority, in proof that thej' meant to comprehend, within the mantle of its protection, the Jew and the Gentile, the Christian and Mahometan, the Hin- doo, and Infidel of every denomination." This celebrated Act has been the standing model of legislation for the security of religious freedom, in all parts of the Union, from that day to the present ; and there is not, we believe, a State, that has legislated at all upon the subject, which has not incorporated, either in its Constitution, or its Statutory Code, the suljstance of its provisions, and, in some instances, its phraseology to a considerable extent. On its promulgation, in 1785, it excited unbounded admiration, and was copied into every newspaper, which made any pretensions to liberality, with enthusiastic comments. In Europe, it produced a considerable sensation. It was translated into all the principal languages, copied into the newspapers, reviews, and encyclopedias, and applauded beyond measure by the statesmen and philosophers of the ancient world. Mr. Jefferson was in France when the in- telligence was received in Europe, resident Minister at the Court of Versailles; and in his private letters to America, of that date, frequent mention is made of the admkation expressed for the Act of Religious Freedom, and the Revised Code generally. In a letter to Mr. Wythe, dated Paris, August 13, 1786, he thus writes : " The European papers have armounced, that the Assembly of Virginia were occupied on the revisal of their code of laws. This with some other similar intelligence, has contributed much to con- vince the people of Europe, that what the English papers are con- stantly publishing of our anarchy, is false ; as they are sensible, that such a work is that of a people only, who are in perfect tran- quillity. Our act for freedom of religion is extremely applauded. The ambassadors and ministers of the several nations of Europe, resident at this court, have asked of me copies of it, to send to their sovereigns, and it is inserted at full length in several books now in the press; among others, in the new Encyclopedie. I think it will produce considerable good, even in these countries, Avliere ignorance, 15 162 LIFE, WRITINGS, AND OPINIONS superstition, poverty, and oppression of body and mind, in every form, are so firmly settled on the mass of the people, that tlieir re- demption from them can never be hoped. If all the sovereigns of Europe were to set theinselves to work, to emancipate the minds of their subjects from their present ignorance and prejudices, and that, as zealously as they now endeavor the contrary, a thousand years would not place them on that high ground, on which our common people are now setting out. Ours could not have been so fairly placed under the control of the common sense of the people, had they not l)een separated from their parent stock, and kept from con- tamination, either from them, or the other people of the old world, by the intervention of so wide an ocean. To know the worth of this, one must see the want of it here." Again, in a letter to Mr. Madison, dated Paris, Dec. 16, 1786, he communicates the same informiition, in such a manner, that it loses no interest by the repetition. •' The Virginia act for religious freedom has been received Avith infinite approbation in Europe, and propagated with enthusiasm. I do not mean by the governments, but by the individuals who compose them. It has been translated into French and Italian, has been sent to most of the courts of Europe, and has been the best evidence of the falsehood of those reports, which stated us to be in anarchy. It is inserted in the new Encyclopedie, and is ap- pearing in most of the publications respecting America. In fact, it is comfortable to see the standard of reason at length erected, after so many ages, during which the human mind has been held in vassalage by kings, priests, and nobles : and it is honorahle for us to have produced the first legislature who had the courage to de- clare, that the reason of man may be trusted with the formation of his own opinions." The next distinguishing and fundamental change recommended by the Revisal, regarded the freedom of the unhappy sons of Africa ; and proposed, directly, the Emancipation of all Slaves born after the passage of the act. The Bill reported by the Revisors, did not it- self contain this proposition ; but an amendment containing it, was prepared, to be offered to the Legislature, whenever the bill should be taken up. ''It was thought better," says the Author, " that this should be kept back, and attempted only, by way of amendment." It was further agreed, to embrace in the residuary proposition a clause, directing, that the after born Slaves should continue with their parents to a certain age, then be brought up at the public ex- pense, to tillage, arts or sciences, according to their geniuses, till the females should be eighteen, and the males twenty-one years of age, OF THOMAS JEFFERSON'. 163 when they should be colonized to such place as the circumstances of the time should render most proper, sending them out with arms, implements of household and the handicraft arts, seeds, pairs of the useful domestic animals, (fcc. ; to declare them a free and independ- ent people, and extend to them our alliance and protection, till they should have acquired strength ; and to send vessels, at the same time, to other parts of the world for an equal number of white in- habitants, to induce whom to migrate thither, proper encourage ments were to be proposed. But when the Bill was taken up by the Legislature, in 17S5, neither Mr. Jefferson, nor Mr. Wythe, his chief coadjutor in the undertaking, were members ; the former be- ing absent on the Legation to France, and the latter, an officer of the judiciary department ; so the contemplated amendment was not proposed, and the Bill passed unaltered, being a mere digest of the existing laws on the subject, Avithout any intimation of a plan for future and general emancipation. If there was any one question connected with the freedom and happiness of mankind, on which the genius of Mr. Jefferson kin- dled into an extravagance, seemingly incompatible with sobriety and right reason, it was that of the Emancipation of Slaves. It was hardly possible for him, as he declared, to write and be temper- ate on the subject. The quotations already given to the reader, exhibit abundant evidence of the intensity with which he yearned, to use his own language, " for the moment of delivery to this op- pressed description of men." The following vehement exhortation was penned in France, on learning the passage of the Slave Bill, in Virginia, without the adoption of liis concerted amendment. " What a stupendous, what an incomprehensible machine is man ! who can endure toil, famine, stripes, imprisonment, and death itself, in vindication of his own liberty, and, the next mo- ment, be deaf to all those motives whose power supported him through his trial, and inflict on his fellow men a bondage, one hour of which is fraught with more misery, than ages of that which he rose in rebellion to oppose ! But we must await, with patience, the workings of an overruling Providence, and hope that that is pre- paring the deliverance of these our suffering brethren. When the measure of their tears shall be full, when their groans shall have involved heaven itself in darkness, doubtless a God of justice will awaken to their distress, and by diffusing light and hberality among their oppressors, or at length, by his exterminating thunder, man- ■*5# ♦ 1.64 LIFEj WRITINGS, AND OPINIONS if est his attention to the things of this world, and that they are not left to the guidance of a hlind fatality." The following paragraph, in allusion to the same transaction of the Legislature, was written at the age of seventy -seven, and fount! among his papers at the time of his death. Time but added em- phasis to his appalling predictions, and strengthened his attach- ment to the plan of redemption, which he originally proposed. " It was found that the public mind would not yet bear the pro- position, nor will it bear it even at this day, (1821.) Yet the day is not distant, when it must bear and adopt it, or worse will follow. Nothinsf is more ceitainlv written in the book of fate, than that these people are to be free ; nor is it less certain, that the two races,^ equally free, cannot live in the same government. Nature, habit, opinion have drawn indelible lines of distinction between them. It is still in our power to direct the process of emancipation and deportation, peaceably, and in such slow degree, as that the evil will wear oft' insensibly, and their place be, jjari passu, filled up by free white laborers. If, on the contrary, it is left to force it- self on, human nature must shudder at the prospect held up. We should in vain look for an example in the Spanish deportation, or deletion of the Moors. This precedent would fall far short of our case.*' The ' Bill for proportioning Crimes and Punishments in cases heretofore capital' occupies a proud niche in the temple of revolu- tionary reform. The changes which it proposed in the Criminal Code of the old world, were of the most extensive character, and such as modern experience has proved abundantly adequate to the protection and good order of society, while they saved a great amount of individual suffering and slaughter. The<''j*ical writer,-- had shaken, profoundly, the barbarous opinions which prevailed on the subject of penal jurisprudence ; among whom Mr. Jefferson mentions Beccaria, in particular, as having " satisfied the reasona- ble world, of the unrightfulness and inefficacy of the punishment of crimes by death." But no mitigation had been effected in prac- tice ; and the Author of this act stands before the world, as the first official lawgiver, who, having -dvanced to the true theory of crim- inal ethics, went boldly and nationally to work to incorporate it in the mechanism of civil government. The legitimate object of all punishment being, in his opinion, disciplinary, rather than vindica- tory, he made the reformation of the offender, the fundamental maxim of his theory ; and graduated his scale of penal sanctions- OF THOMAS JEFFERSON. 165 by that standaid. The punisliment of death putting this object en- tirely out of the question, he restrained its infliction to cases, in which reformation was either hopeless, or too hazardous to attempt. Modern codifyers and moral philosopher have, without exception, adopted the same principle for their guide ; and, pursuing it to a still greater extent, have effected still greater improvements on the ancient economy. It led eventually to the suggestion of the Peni- tentiary system, now so well tested by experience, as to have become nearly universal ; and the idea has of late been carried so far as to have brought seriously in question, the right and utility of capital punishment, in any case. That strong confidence in the innate vir- tue of man, which was so conspicuous in the character of Mr. Jef- ferson, and which led him to exclude the agency of force from ev- ery member of the body politic, which came under his control, placed him at once on the high and hmiiane ground, in relation to criminal jurisprudence, which forms a prominent object of prose- cution with the philanthropists and utilitarians of the present day. The following letter, inclosing the Bill to one of his colleagues, for examination, is worthy of being preserved. "Monticello, November 1, 1778. "Dear Sir — I have got through the bill ' for proportioning crimes and punishments in cases heretofore capital,' and now enclose it to you with the request that you will be so good, as scrupulously to ex- amine and correct it, that it may be presented to our committee, with as few defects as possible. In its style I have aimed at accu- racy, brevity, and simplicity, preserving however, the very words of the established law, wherever their meaning had l)een sanctioned by judicial decipio"is, or rendered technical by usage. The same mat- ter, if couched in the modern statutory language, with all its tau- tologies, redundancies, and circumlocutions, would have spread itself over many -nges, and been unintelligible to those whom it most concerns. Indeed, I wished to exhibit a sample of reforma- tion in the barbarous style, into which modern statutes have de- generated from their ancient simplicity. And I must pray you to be as watchful over what I have not said, as what is said ; for the omissions of this bill have all thei positive meaning. I have thought it better to drop, in sdence, the i^ws Ave mean to discontinue, and let them be swept away by the general negative words of this, than to detail them in clauses of express repeal. By the side of the text I have written the notes I made, as I went along, for the benefit of my own memory. They may serve to draw your atten- tion to questions, to which the expressions or the omissions of the 15* 168 LIFE, WRITINGS. AND OPlNIONS^ text may give rise. The extracts from the Anglo-Saxon laws, the sources of the Common Law, I wrote in their original, for my own satisfaction ; but I have added Latin, or liberal English translations- From the time of Canute to that of the Magna Charta, you know, the text of our statutes is preserved to us in Latin only, and some old French. 1 have strictly observed the scale of punishments settled by the Committee, without being entirely satisfied with it. The lex tali- onis, although a restitution of the Common Law, to the simplicity of which we have generally found it so advantageous to return, will be revolting to the humanized feelings of modern times. An eye for an eye, and a hand for a hand, will exhibit spectacles in exe- cution, whose moral effect would be questionable ; and even the memhrmn jiro membro of Bracton, or the punishment of the of- fending member, although long authorized ])y our law, for the same offence in a slave, has, you know, been not long since repealed, in coniformity with public sentiment. This needs reconsideration." The Bill was brought forward in the Legislature, by Mr. Madi- son,, in 1785, and lost by a single vote. The general intelligence of the country had not then progressed to a point,which was prepared to sanction the opinions of the Re visor on the subject of Capita! Punishment. But it was well, perhaps, on the whole, that the Bill was rejected ; for it enabled the Author to effect a substantial im- provement on his original plan : to wit, the substitution of labor ht .wlitary confinement, for labor in the public works. The latter, it will be recollected, had been adopted by the Revisors, in the room of punishment by death ; but it had not then been essayed by any actual experiment. Afterwards, in 1786, the experiment was tried in Pennsylvania, for two years, without approbation, when it was followed by the Penitentiary system, on the principle of labor in confinement, which succeeded beyond calculation. About the same time Mr. Jefferson, in France, had heard of a ^benevolent society iu England, which had been indulged by the government in an experiment of the effect of labor in solitary confinement, on some of their criminals ; which experiment was proceeding auspiciously. The same idea had been suggested in France, and an Architect of Lyons liad proposed a well contrived plan of a Prison, on the prin- ciple of solitary confinement. Attentive to these valuable hintsy Mr. Jefferson procured a drawing of the Prison proposed by this Architect ; and having a little before been written to by the Gov- emoc of Virginia, for a plan of a Capitol and Prison for that StatCj OF TriOMAS JEFFERSON* 167 he sent him the Lyons drawing, instead of a plan of a comition prison ; " in the hope," says he, " that it would suggest the idea of labor in soUtary confinement, instead of that on the pubHc works, which we had adopted in our Revised Code." This was in June, 1786. The principle, accordingly, but not the exact form of the drawing, was preserved in carrying the plan into execution, by the erection of what is now called the Penitentiary, at Richmond. In the mean time, the increasing intelligence and sensibility of the age were preparing the way for the general sweep of capital revo- cations, recommended by the Revisors ; and the public opinion was ripening, by reflection, and by the example of Pennsylvania, for the adoption of the newly essayed substitute. In 1798, therefore, after the steady humanization of ten years,, the Legislature resumed the subject of the Criminal Law, and pas- sed the Bill reported by Mr. Jefferson, with the substitution of soli- tary, in the room of public, labor. The diction of the text, also, was modernized, which the Author had scrupulously avoided, to prevent new questions, by new expressions ; and, instead of the settled distinctions of murder and manslaughter, preserved by him, the new terms of murder in the first and second degree, were in- troduced. These alterations were probably not for the better, as they gave occasion for renewed questions of definition. The Bill was brought forward the last time, by Mr. G. K. Taylor, who was chiefly instrumental in procuring its passage, with the amendments. The following brief preamble to the act, gives a forcible view of the general idea of the Author, "Whereas,, it frequently happens that wicked and dissolute men. resigning themselves to the dominion of inordinate passions, commit violations on the lives, liberties, and property of others, and, the se- cure enjoyment of these having principally induced men to enter into society, government would be defective in its principal purpose, were it not to restrain such criminal acts, by inflicting due punish- ments on those who perpetrate them ; but it appears at the same time, equally deducible from the purposes of society, that a member thereof, committing an inferior injury, does not wholly forfeit the protection of his fellow-citizens, but, after suffering a punishment in proportion to his offence, is entitled to their protection from all greater pain, so that it becomes a duty in the Legislature to arrange, in a proper scale, the crimes which it may be necessary for them to re- press, and to adjust thereto a corresponding gradation of punish- ments. 168 LIFE, WRITINGS, AND OPINIONS " And whereas, the reformation of offenders, thougli an ohject worthy the attention of the laws, is not effected at all by capital punishments, which exterminate, instead of reforming, and should be the last melancholy resource against those whose existence is become inconsistent with the safety of their fellow-citizens, which also weaken the State, by cutting off so many avIio, if reformed, might be restored sound members to society, who, even under a course of correction, might be rendered useful in various labors for the pubhc, and would be living and long continued spectacles to deter others from committing the like ofi'ences. '• And forasmuch as the experience of all ages and countries hath shown, that cruel and sanguinary laws defeat their own purpose, by engaging the benevolence of mankind to withhold prosecutions, to smother testimony, or to hsten to it with bias, when, if the pun- ishment were only proportioned to the injury, men would feel it their inchnation, as well as their duty, to see tlie laws observed. " For rendering crimes and punishments, therefore, more propor- tionate to each other : "Be it enacted by the General Assembly," (fcc. We come now to consider the last, and clearly the most important scheme of public reformation contained in the Revised Code, form- ing, as it does, the entrance, and a perpetual guard, to the enjoy- ment of all the others. The system proposed for the Diffusion of Knowledge through the whole mass of the people, by extending to every degree of capacity, a proportional degree of education, and placing all upon an equal footing for obtaining the first and necessa- ry degrees, was an original idea ; than which nothing would seem more admirably contrived for the foundation of a durable and well ordered republic. This portion of the woi k fell more properly with- in the department assigned to Mr. Pendleton : but it was agreed, on the urgent recommendation of Mr. Jefferson, that a new and sys- tematical plan of universal education should be proposed, and he Avas requested to undertake it. He did so, preparing three Bills for that purpose, proposing three distinct grades of instruction, in the fol- lowing order : 1. Elementary schools, for all children generally, rich and poor, without distinction. 2. Colleges, or, as they are more usually styled in this country. Academies, for a middle degree of instmction, calculated for the common purposes of life, yet such as would be desirable for all who were in easy circumstances. 3. A University, in the room of William and Mary College, as the ulti- mate grade, for teaching the sciences generally, and in their highest desrree. OF THOMAS JEFFERSON. 169 The first and second Bills were devoted to tlie organization of this system ; and the third was for the estabhshment of a Pubhc Library and Gallery, by the appropriation of a certain sum annually, to the purchase of books, paintings and statues. The distribution and organization of the system, in all its parts, exhibit a model of republican equality, and harmonious arrange- ment. The Bill proposed the division of the State into twenty-four Districts, and the subdivision of these into Wards, called Hundreds, of five or six miles square, according to the size and population of the District. In each Hundred was to be established an Elementary School, in which should be taught reading, writing, and common arithmetic ; the expenses of which should be borne by the inhabit- ants of the County, every one in proportion to his general tax rate. All free children, male and female, resident in the Hundred, should be entitled to three years instruction at the school, free of expense, and to as mnch more as they chose, by paying for it. In each Dis- trict was to be established an Academy, or Grammar School, to be supported at the public expense, in w^hich should be taught the clas- sics, grammar, geography, and the higher branches of nvunerical arithmetic. The Bill provides further, for the annual selection of the most prom- ising suljjects from the Elementary schools, whose parents were too poor to educate them, who should be transferred to the District institutions, at the public expense. And from the District institu- tions also, a certain number annually were to be selected, of the most promising character, but whose parents were unable to incur the burthen, who should be sent on to the University, to receive the ul- timate degree of intellectual cultivation. Genius and worth would thus be sought out of every walk of hfe ; and, to adopt a favorite sentiment of the Author, the veritable aristocracy of nature, vrould . be completely prepared by the laws, for defying and defeating the pseudo-aristocracy of wealth and birth, in the competition for pub- lic trusts. The final result of the whole scheme would be the teaching all the children of the State reading, writing, and com- mon arithmetic ; turning out upon the theatre of pubhc life, a cer- tain number, annually, of superior genius, well instructed in Greek, and Latin, Grammar, Geograpliy, and the higher branches of Arithmetic ; turning out, also, a certain number, annually, of still superior parts, who, to those branches of education shall have ad- 170 LIFE, WRITINGS, AND OPINIONS ded the Sciences, in their perfection ; and the furnishing to the wealthier part of the people convenient schools, at which their chil dren might be educated, at their own expense. It was further in contemplation of the Author, had his system been carried into operation, to have imparted to the Wards, or Hun- dreds, all those portions of self-government, for which thej^ are best tjuahfied ; by confiding to them the care of their poor, their roads. |X)lice, elections, the nomination of jurors, administration of justice in small cases, and elementary exercises of miUtia ; in short, to have made them litde republics^ with a warden at the head of each, for all those concerns, which, being under their eye, the> would better manage, than the larger republics, of the county, oi State. A general call of Ward meetings by the wardens, on the same day throughout the State, would, at any time, embody the genuine sense of the people, on any required point, and present a forcible illustration of democratic government. The immeasurable utility of the proposed plan of education, cannot be comprehended in any way more readily, than by listening to the opinions of the Author, conveyed in his own language. '■ The general objects of this law are to provide an education adapt- ed to the years, to the capacity, and the condition of every one, and directed to their freedom and happiness. Specific details Avere not proper for the law. These must be the business of the visitors en- trusted with its execution. The first stage of this education being the schools of the Hundreds, wherein the great mass of the people will receive their instruction, the principal foundations of future or- der will be laid here. Instead, therefore, of putting the Bible and Testament into the hands of the children, at an age when their judgments are not sufficiently matured for religious enquiries, their memories may here be stored with the most useful facts from Gre- cian, Roman, European and American history. The first elements of morality too, may be instilled into their minds ; such as, when further developed, as their judgments advance in strength, may teach them how to work out their own greatest happiness, by shew- ing them that it does not depend on the condifion ot life in which chance has placed them; but is alwav=5 die result of a good con- science, good health, occupation, and freedom in all just pursuits. Those, whom either the w ealth of their parents, or the adoption of the State, shall destine to higher degrees of learning, will go on t(^ the grammar schools, which constitute the next stage, there to be instructed in the languages. The learning Greek and Latin, 1 am told, is going into disuse in Europe. I know not what their man- ners faid occupations may call for ; but jt would be very ill-judged OF THOafc^S JEFFERSON. 171 in us to follow their example in this instance. There is a certain period of life, say from eight to fifteen or sixteen years of age, when the mind, like tlie body, is not yet firm enough for laborious and close operations. If applied to such, it falls an early victim to pre- mature exertion : exhibiting, indeed, at first, in these young and tender subjects, the flattering appearance of their being men while they are yet children, but ending in reducing them to be children when they should be men. The memory is then most susceptible and tenacious of impressions ; and the learning of languages being chiefly a work of memory, seems precisely fitted to the powers of this period, which is long enough too, for acquiring the most useful languages, ancient and modern. I do not pretend that language is science : it is only an instrument for the attainment of science. But that time is not lost which is employed in providing tools for future op- eration : more especially, as in this case, the books put into the hands of the youth, for this purpose, may be such as will at the same time im- press their minds with useful facts and good principles. If this period be suffered to pass in idleness, the mind becomes lethargic and impo- tent, as would the body it inhabits, if unexercised during the same time. The sympathy between body and mmd, during their rise, progress, and decline, is too strict and obvious to endanger our being misled, while we reason from the one to the other. As soon as they are of sufficient age, it is supposed they will be sent on from the Grammar schools to the University, which constitutes our third and last stage, there to study those sciences which may be adapted to their views. By that part of our plan, which prescribes the selec- tion of the youths of genius from among the classes of the poor, we hope to avail the State of those talents which nature has sown as lib- erally among the poor as the rich, but which perish without use, if not sought for and cultivated. But of the views of this law, none is more important, none more legitimate, than that of Tendering the people the safe, as they are the ultimate guardians of their own lib- erty. For this purpose, the reading of the first stage, where they re- ceive their whole education, is proposed, as has been said, to be chief- ly historical. History, by apprizing them of the past, will enable them to judge of the future; it will avail them of the experience of other times and other nations ; it will qualify them as judges of the actions and designs of men ; it will enable them to know ambition under every disguise it may assume ; and knowing it, to defeat its views. In every government on earth are some traces of hmnan weakness, some germ of corruption and degeneracy, which cunning will discover, and wickedness insensibly open, cultivate and im- prove. Every government degenerates when trusted to the rulers of the people alone. The people themselves, then, are its only safe depositories. And to render them safe, their minds must be improv- ed to a certain degree. This, indeed, is not all that is necessary, though it be essentially necessary. An amendment of our constitu- 172 LIFE, WRITINGS, AND OPINIONS •tioii must here come in aid of the pubhc education. The influence over government must be shared among all the people. If every individual which composes their mass, participates of the ultimate authority, the government will be safe ; because the corrupting the whole mass v/ill exceed any private resources of wealth : and public ones cannot be provided but by levies on the people. In this case, every man would have to pay his own price. The government of Great Britain has been corrupted, because but one man in ten has a right to vote for meml^ers of Parliament. The sellers of the govern- ment, therefore, get nine-tenths of their price clear. It has been thought that corruption is restrained by confining the right of suf frage to a few of the wealthier of the people ; but it would be more efl'ectually restrained, by an extension of that right, to such num- bers as would bid defiance to the means of corruption." The three several Bills, for the Ward schools, the District institu- tions, the University, and for the establishment of a Library and Gallery, were all brought forward in the Legislature, in the year 1796. The first only was acted upon, and finally adopted ; but with an amendment which completely defeated it. They inserted a provision leaving it to the Court of each county, to determine for itself, when the act should be carried into execution. The eflfect of the bill being to throw on w^ealth the education of the poor, and the Justices, who were of the wealthier class, being unwilling to incur the responsibility, the plan was not suffered to commence in a single county. The bill which proposed erecting the College of William and Mary into a University, encountered insuperable im- pediments at the threshold. The present College was an estab- lishment purely of the Church of England ; the Visitors were re- quired to be all of that Church ; the Professors to subscribe its thirty-nine Articles ; the Students to learn its Catechism ; and one of its fundamental objects was declared to be, to raise up ministers for that Church. The' religious jealousies, therefore, of the dis- senters took alarm, legt the enlargement of the institution might give an ascendency to the Anglican sect, and refused acting at all upon the bill. The Bill for the establishment of a Library and Gallery, received a similar fate ; and thus no part of this grand and beneficial system was ever permitted to take effect. The unaccountable insensibility of the people of Virginia to the benefits of this noble scheme of practical reform, as manifested by their persevering neglect to carry it into operation, is feelingly de- plored by the accomplished Continuator of Burk's History of Virginia. OP THOMAS JEFPERSOIT- 173 ^^ Why has not the admirable bill, which, by carrying educa- tion to every man's door, would elicit genius and worth from their obscurest recesses, yet been acted upon by the great Council of f he State ? Is it less important than that for a reform of the penal code, the substance of which has since been so beneficially adopt- •id J If we could presume to add any thing to the luminous de- velopments of its impi-essive preamlile, we would oljserve, that the situation of Virginia cannot always be so favorable to virtue, liberty, and good social order, as it is at present. Population will increase, and inherent principles of corruption and degeneracy be gradually, perhaps rapidly, evolved. To counteract their operation, let knowledge be universally diffused — Let it become the key-stone of the political edifice — we mean that knowledge, which, accordiuo- to the true and important intent of the bill, will " render the peo- ple the safe, as they are the ultimate guardians of their liberties ;" enable the governed to control the governors, and eventually to become so in their turn ; in short, like the blood in the huiiian system, pervade, animate, and energize all the parts of the body politic." The following is the Preamble which introduces the magnifi- cent proposition : Whereas it appeareth, that the great advantages, which civilized and polished nations enjoy, beyond the savage and barbarous na- tions of the world, are principally derived from the invention and use of letters, by means whereof the knowledge and experience of past ages are recorded and tiansmitted, so that man, availing him- self in succession of the accumulated wisdom and discoveries of his predecessors, is enabled more successfully to pursue and im- prove, not only those arts which contribute to the support, conven- ience, and ornament of life, but those also, v/hich tend to illumine and ennoble his understanding, and his nature. And whereas, upon a review of the history of mankind, it seem- eth that however favorable republican government, founded on the pririciples of equal liberty, justice and order, may be to human hajv piness, no real stability, or lasting permanency thereof can be ra- tionally hoped for, if the minds of the citizens be not rendered liberal and humane, and be not fully impressed with the impor- tance of those piinciples from whence these blessings proceed : With a view therefore, to lay the first foundations of a system of education, which may tend to produce those desii"able purposes : Be it enacted, &c. Perhaps there was no one feature of the Revised Code, on which ?vlr. Jefferson placed a more justly exalted estimate, than that wliich proposed the diffusion of Education universally and impartially among the people. Knowledge is unquestionably, to use an ex- 16 174 LIFE, WRITINGS, AND DPINIONS pression of his own, "the key-stone of the pohtical arch," in popular governments, and the only foundation which can be laid for per- manent freedom and prosperity. Upon this point he was enthusi astically pertinacious. His efforts were perseveringly directed to the attainment of the object, in the form originally proposed by him, on all possible occasions which subsequently ollered ; and on his final retirement from the theatre of pul^lic affairs, he made it the great business of his life. Being in France, as before stated, at the time the main body of the Kevisal was entered on, he was deprived the opportunity of raising his voice, and uttering his opin- ions in the Legislature, with the power and authority he had for- merly done ; but his letters to his friends in Virginia, of that date, abound with the most eloquent persuasions of the importance of carrying into effect those portions of the work, which he deemed most essential to the freedom and happiness of the people. Among these, the Bill under consideration occupied a prominent share of his solici- lude ; as is manifested by the following extract of a letter to Mr. Wythe, dated Paris, August 13, 1786. '• I think by far the most important bill in our whole code, is that for the diffusion of knovv^ledge among the people. No other sure foundation can be devised for the preservation of freedom and happiness. If any body thinks, that kings, nobles, or priests are good conservators of the public happiness, send him here. It is the best school in the universe to cure him of that folly. He will see here, with his own eyes, that these descriptions of men are an abandoned confederacy against the happiness of the mass of the people. The omnipotence of their effect cannot be better proved, than in this country particularly, where, notwithstanding the finest soil upon earth, the finest climate under heaven, and a people of the most benevolent, the most gay and amiable character of which the human form is susceptible ; where such a people, I say, sur- rounded l)y so many blessings from nature, are loaded with mis- ery by kings, nobles, and priests, and by them alone. Preach, my dear Sir, a crusade against ignorance : establish and improve the law for educating the common people. Let our countrymen know, that the people alone can protect us against these evils, and that the tax wliich will l>e paid for this purpose, is not more than the thousandth part of what will be paid to kings, priests and no- bles, who will rise up among us, if we leave the people in igno- rance. The people of England, I think, are less oppressed than here. But it needs but half an eye to see, when among them, that the foundation is laid in their dispositions for the establish- ment of a despotism. Nobility, wealth, and pomp are the objects OF THOMAS JEFFRSON. 175 of tlieir admiration. They are by no means the free minded peo- ple, we suppose them in America. Their learned men, too, are few in numljer, and are less learned, and infinitely less emancipa- ted from prejudice than those of this country." Such are some of the extraordinary innovations on the establish- ed order of things, contained in the celebrated Rivised Code of Virginia, in 1779 ; of all which, Mr. Jefferson was the originator and draughtsman. It is impossible, at the present day, to form an adequate idea of this stupendous political work, or of the combined energies of genius and application, which it required. On the au- thority of Mr. Madison we are enabled to say, •' that it, perhaps, exacted the severest of Mr. Jefferson's public labors." It was un- precedented in the order of time, and stands on the page of histo- ry, the revered repository of the original, consecrate, foundations of repubhcanism. Well might his country apply to himself, the ex- ulting congratulation which he applied to her, in proud antithesis with all the world besides : " What a germ have the freemen of the United States planted ! And how faithfully should they cher- ish the parent tree at home." What a germ indeed ! the growth of which the human imagination can scarcely circumscribe ! Whose ' parent tree,' planted under the auspices of his care, and nourished by the genius of his philosophy, is stretching its branch- es higher and wider in the heavens, and striking its roots deeper and broader in the earth, carrying life, and strength, and the power of self-resurrection to the nations which sit time-pinioned in despo- tism, and rapidly enfranchising the world. How insignificant, emp- ty, and inoperative, would have been the American Revolution, wiMli- out the benefits secured by such labors as these. " Surely," says Mr. Jefferson in writing to one of his revolutionary friends, " we had in view to obtain the theory and practice of good government ; and how any, who seemed so ardent in this pursuit, could as shame- lessly have apostatized, and supposed we meant only to put our government into other hands, but not other forms, is indeed won- derful." The revolution from despotism or from simple monarch- ism even, to a free structure of government, is an enterprise of trans- cendent difficulty ; no other nation on earth has been able to ac- complish it, finally and completely, though the attempts have been frequent, desperate, and terrible. The most refined portions of tlie earth have been deluged with blood, and overspread with desola- ^^^ i^tFE, WP^triNGSy AND OPlNIOSrs tion, to recover the high ground on which the State of Virginia planted herself, at once, with tlie ^vhole Ameiican empire in lier tram, by the mere force of reason, without a sohtary throe. And the whole of this magnificent undertaking, was executed during the short interval of three years, chiefly by a single individual agreeably to a long premeditated plan, and carried into action, in great part, by his efforts ; supported, indeed, by able and faithful coadjutors from the ranks of the House, very effective as seconds. but who would not have taken the field as leaders. The whole catalogue of monarchical degeneracies and corruptions under which the transatlantic man has gi'oaned, immemorially, and which were attempted to be entailed on this new hemisphere, were extir- pated in a mass ; and an entire foundation laid for the bold and doubtful experiment of self-government. Freedoin and elasticity were restored to the mind; and the natural equality of the hu- man race, the first maxim of the Author's pohtical creed, was, as on all former occasions, the governing principle of his present goncrnf institute. Four of the bills reported were remarkable illustrations of this principle, suflftcient " to crush forever (he eternal antagonism of artificial aristocracy, against the rights and happiness of the peo- ple." They were marshalled in phalanx by the Author, for the express purpose of carrying out the principle of equality in all its latitude, as appears by his own record of the transaction. "I considered four of these bills, passed or reported, as forming a system by which every fibre would be eradicated of ancient or future aristocracy ; and a foundation laid for a government truly republi- can. The Repeal of the Laios of Entail would prevent the ac- cumulation and perpetuation of wealth, in select families, and pre- serve the soil of the country from being daily more and more absorb- ed in mortmain. The Abolition of Primogeniture, and equal par- tition of inheritances, removed the feudal and unnatural distinc- tions, which made one member of every family rich, and all the rest poor, substituting equal partition, the b^st of all Agrarian laws. The Restoration of the Rights of Conscience relieved the people from taxation for the support of a religion not theirs ; for the estab- lishment was tridy of the religion of the rich, the dissenting sects being entirely composed of the less wealthy people ; and these, by the Bill for a Getieral Education, would be quahfied to under- stand their rights, to maintain them, and to exercise with intelli- , gence their parts in self-government : and all this would be effected, without the violation of a single natinal right of any one individu- al citizen. To these, too, might be added, as a further security, the OF THOMAS JEFFERSON. 177 iiitroduction of the trial by jury into the Chancery Courts, which liave aheady engulphed, and continue to engulph, so great a pro- portion of the jurisdiction over our property." Among those who were associated with Mr. Jefferson in the great cause of reform, upon democratic grounds, and steadfastly co- operated in impressing the stamp of his principles upon the gov- ernment of the nation, at the first crisis of its birth, the names of George Mason and James Madison, occupy a pre-eminent station. The characters of these distinguished repubhcan statesmen, as drawn by their pohtical chieftain, in his posthumous memoir of those times, are too interesting to be pretermitted. "I had many occasional and strenuous coadjutors in debate, and one, most steadfast, able, and zealous ; who ^vas himself a Iwst. This was George Mason, a man of the first order of wisdom among those who acted on the theatre of the Revolution, of expansive mind, profound judgment, cogent in argument, learned in the lore of our former constitution, and earnest for the republican change, on democratic principles. His elocution was neither flowing nor smooth ; but his language was strong, his manner most impressive, and strengthened by a dash of biting cynicism, when provocation made it seasonable." "Mr. Madison came into the House in 1776, a new member, and young ; which circumstances, concurring with his extreme modes- ty, prevented his venturing himself in debate, before his removal to the Council of State, in November, ^77. From thence he went to Congress, then consisting of few members. Trained in these suc- cessive schools, he acquired a habit of self-possession, which placed at ready command the rich resources of his luminous and discrim- inating mind, and of his extensive information, and rendered hkii the first of every Assembly afterwards, of w^hicli he became a mem- ber. Never wandering from his subject into vain declamation, but pursuing it closely, in language pvue, classical and copious, soothing always the feelings of his adversaries, by civilities and softness of expression, he rose to the eminent station which he held in the great National Convention of 1787 ; and in that of Virginia, which fol- lowed, he sustained the new constitution in all its parts, bearing ofi' the palm against the logic of George Mason, and the fervid declam- ation of Mr. Henry. With these consummate powers, was united a pure and spotless virtue, which no calumny has ever attempted to sully. Of the powers and polish of his pen, and of the wisdom of his administration in the highest offica of the nation, I need say nothing. They have spoken, and ^vill forever speak for them-^ selves." 16* 1T8 LIFE, WRITINGS, AND OPINIONS Of Mr. Pendleton, also;, who was his ^-eat opponent on all the ultra points of his theory, he has left a most interesting and flatter- ing portrait. " Mr. Pendleton, taken all in all, was the ablest man in debate I ha\yj ever met with. He had not, indeed, the poetical fancy of Mr. Henry, his sublime imagination, his \oitj and overwhelming diction ; but he was cool, smooth, and persuasive ; his language flowing, chaste, and embellished ; his conceptions quick, acute, and full of resource ; never vanquished ; for if he lost the main battle, lie returned upon you, and regained so much of it as to make it a drawn one, by dexterous manceuvres, skirmishes in detail, and the recovery of small advantages which, little singly, were important al- together. You never knew when you were clear of him, but were harassed by his perseverance, until the patience was worn down of all who had less of it than himself. Add to this, that he was one of the most virtuous and benevolent of men, the kindest friend, the most amiable and pleasant of companions, which ensured a favora- ble reception to whatever came from him," Oar detail of the public and official services of Mr. Jefferson, must now give place to an incident in private life, which discovers to view the liohness of his social affections, and the warmtli of his general philaiitiirophy. On the memorable surrender of Biu-goyne, in '77, it will be recollected, about four thousand British troops fell prisoners of war, into the hands of the American general ; and l)y an express article, in the capitulation, it was provided, that the surrendering ar- my should be retained in America, until an authentic ratification of the Goiiveution entered into between the belligerents, should be re- ceived from the British government. The troops were at first or- dered to Boston, where they remained about a twelve -month, when they were removed to Charlottesville, in Virginia, a short distance from Monticello. They arrived at the latter destination, in Janua- ' ry, 1779. harassed by a long journey, diu'ing a most inclement sea- son, and doomed to encounter the severest hardships on their arrival, from the unfinished state of their barracks, the pressing insufficien- cy of stores, and the impassable condition of the roads, which render- ed the prospect appalling, of a timely and competent supply of subsis- tence. A general alarm waa disseminated among the inhabitants, inso- much that reasonable m'mds liecame infected with the panic. Mr. Jefferson, whose steady prescience of a seasonable change in the state of things, preserved him from the contagion, remained tranquil OF THOMAS JEFFERSON. 179 and unmoved. He stood among the multitude and exhorted them to patience and composure, by his reasonings on the inevitable ten- dency of affairs ; and soon, agreeably to his repeated persuasions, every difficulty disappeared, and every apprehension vanished. The planters, being more generally sellers than buyers, availed themselves, with great activity, of the advantages produced by the extraordinary demand for provisions, and quickly removed a scarci- ty merely accidental, to their own sensible benefit. In the mean time, Mr. Jefferson mingled personally in the oper- iitions of erecting barracks for the privates, and establishing suitable accommodations for the officers, blending with his personal exer- tions, those allecting civilities and blandishments, which disarm even ihe dungeon of its horrors. It is true, these men were the willing instruments of a bloody and implacable enemy, foes themselves to tiie freedom and happiness of their benefactor, and who, he v/ell knew, regarded him with such peculiar animosity, that under any other circumstances, they would have treated his offers of generosi- ty with unqualified contempt ; they were the enemies of his country, of that country which he so dearly loved, and whose cries were now ascending to Heaven against the injuries and the liberticide purposes of its oppressors ; but yet, they were human beings, and, as such, en- titled, in his opinion, to the same offices of kindness and hospitality, when in distress, as those who were united to him by the ties of nation- al or even kindred alliance. He was indefatigable in his endeavors to render comfortable, and even happy, the situation of the captives : cuid, aided by the benevolent interposition of the citizens of Char- lottesville, and by the genius and humane dispositions of the Com- missary, his exertions were attended with the most gratifying suc- cess. In a short time, the residence of the prisoners assumed a pleas- ing air of comfort and ease ; the barracks were completed, and a plentiful supply of provisions was procured. The officers had rent- ed houses, at an extravagant rate, erected additional buildings, at 'their own expense, and hired small farms in the neighborhood, on which they beguiled the tedious hours of captivity, in the delightful occupations of agriculture and gardening. The men imitated, on £i smaller scale, the example of the officers. The environs of the bar- racks presented a charming appearance. The giound was cleared, and divided into small parcels, in the form of regular gardens, neatly enclosed and cultivated. They purchased cows, sheep, poultry, and ISO tlFE, WRITINGS, AND OPINIONS other domestic animals, which, with the customary mi'al circximstan- ces, embellished the landscape, and presented to the mind, the idea of a company of farmers, rather than a camp of soldiers. In addition to the barracks erected by the public, the prisoners had built great numbers for themselves, on a more fanciful scale, and in groups, from a principle of esprit de corps. In short, the whole army, both officers and men, seemed comfortably quartered in their new accommodations, with every prospect of a permanent and hap- py resting place. But these extensive preparations and promising arangements were scarcely completed, when the Executive of Virginia, who had been invested by Congress with certain discretionary powers over the " Convention troops," as they were called, came to the deter- mination of removing them, either w'hoUy, or in part, from Char- lottesville, on the alleged ground of the insvifficiency of the State, for their animal subsistence. The rumored intelligence of this de- termination, filled the soldiers with the deepest regret and disap- pointment, lioud complaints were heard from every quarter, against the inhumanity of the measure ; the nation was accused of having violated its faith ; and such was the degree of efferves- cence among the prisoners, that irregular proofs of their dissatisfac- tion were seriously apprehended. The generous citizens among whom they were located, partici- pated largely in the general disapprobation. They contemplated the proposition, with mingled regret and mortification. The state of Mr. Jefferson's feelings may easily be imagined. His jealous sensibility for the national honor, and his ardent sympathies for the suffering captives, impelled him to immediate action. He addressed a long letter to Gov. Henry, in which he conducted him over the whole ground, and arrayed before him, in nervous and feeling terms, the multitude of public reasons, which obviously militated against the measure. The luminous and impressive developments of this letter, and the interest which all mankind feel in those efforts which are calculated to humanize the usages, and lessen the calamities of war, will justify the iiitroduction of a few extracts. " As an American, I cannot lielp feeling a thorough mortification, that our Congress should have permitted an infraction of our pub- lic honor ; as a citizen of Virginia, I cannot help hoping and con- tiding, that our supreme Executive, whose acts will be considered. OF THOMAS JEFFERSON. 181 as the acts of the Commonwealth, estimate that honor too highly to make its infraction their own act. I may be permitted to hope, then, that if any removal takes place, it will be a general one; and, as it is said to be left to the Governor and Council to determine on this, I am satistied, that, suppressing every other consideration, and weighing the matter dispassionately, they will determine upon this sole question, Is it for the benefit of those for whom they act, tliat the Convention troops should be removed from among them? Un- der the head of interest, these circumstances, viz. the expense of building barracks, said to have been j[;^25,000, and of removing the troops backwards and forwards, amounting to I knoAV not how much, are not to be pretermitted, merely because they are Continen- tal expenses ; for we are a part of the Continent ; we must pay a shilling of every dollar wasted. But the sums of money, which, by tliese troops, or on their account, are brought wto, and expended in this State, are a great and local advantage. This can require no proof. It, at tlie conclusion of the war, for instance, our share of the Conihiental debt should be twent.y millions of dollars, or say that we are called on to furnish an annual quota of two millions four himdred thousand dollars, to Congress, to be raised by a tax, it is obvious, that we shotdd raise these given sums with greater or less ease, in proportion to the g-roatcr or loss quantity of money found in circulation among us. I expect that our circulating mon- ey is, by the presence of these troops, at the rate of $30,00i) a week, at the least. I have heard, indeed, that an objection arises to their l^eing kept wnthin this State, from the information of the commis- sary, that they camiot be subsisted here. In attending to the in- formation of that otiicer, it should be borne in min'l that the county of King William, and its vicinities, are one thing, the terri- tory of Virginia, another. If the troops could be fed upon long letters, I believe the gentleman at the head of that department in this country would be the best commissary upon earth. But till I see him determined to act, not to write ; to sacrifice his domestic ease to the duties of his appointment, and apply to the resources of this country, wheresoever they are to be had, I must entertain a diflTerent opinion of him. I am mistaken, if, for the animal sub- sistence of the troops hitherto, we are not principally indebted to the genius and exertions of Hawkins, during the very short time he lived after his appointment to that department, by your board. His eye immediately pervaded the whole State ; it was reduced at once to a regular machine, to a system, and the whole put into movement and animation, by thej^«^ of a comprehensive mind. If the Commonwealth of Virginia cannot furnish these troops with bread, I Avould ask of the commissariat, which of the thirteen is now become the grain colony ? If wc are in danger of famine from the addition of foiu' thousand mouths, what is become of that surplus of bread, the exportation of ^vhich used to feed the West 182 LIFE, WRITINGS, AND OPINIONS Indies and Eastern States, and fill the Colony with hard money 1 AVlien I urge the sufficiency of this State, however, to subsist these troops, 1 beg to be understood, as having in contemplation the quantity of provisions necessary for their real use, and not as calcu- lating what is to be lost by the wanton use, mismanagement, and carelessness of those employed about it. If magazines of beef and pork are suffered to rot by slovenly butchering, or for want of timely provision and sale ; if quantities of flour are exposed by the commissaries entrusted with the keeping it, to pillage and de strucdon ; and if, when laid up in the Continental stores, it is still to be emjjezzled and sold, the land of Egypt itself would be in- sufficient for their supply, and their removal would be necessary, not to a more plentiful country, but to more able and honest com- missaries. * . * * " Their health is also of importance. 1 would not endeavor to show that their lives are a aluable to us, because it would suppose a |x>ssibility, that humanity was kicked out of doors in America, and interest only attended to. The barracks occupy the tup and brow of a very high hill, (you have been untruly told they were in a bot- tom.) They are free from fog, have four springs which seem to be plentiful, one witliin twenty yards of the piquet, two within fifty yards, and another within two livindred and fiity, and they propose to sink wells within the piquet. Of four thousand people, it should be expected, according to the ordinary calculations, that one should die every day. Yet, in the space of near three months, there have been but four deaths among them ; two infants under three weeks old, and two others by apoplexy. The officers tell me, the troops were never before so healthy since they were embodied. " But is an enemy so execrable, that, though in captivity, his wishes and comforts are to be disregarded and even crossed ? I think not. It is for the benefit of mankind to mitigate the horrors of war as much as possible. The practice, therefore, of modern nations, of treating captive enemies with politeness and generosity, is not only delightful in contemplation, but really interesting to all the world, friends, foes, and neutrals. Let us apply this. * * [Here follows a detail of the labor and expense incurred in provid- ing their present accommodations, &c.] " Having thus found the art of rendering captivity itself comforta- ble, and carried it into execution, at their own great expense and la- \x)v, their spirit sustained by the prospect of gratifications rising l3e- fore their eyes, does not every sentiment of humanity revolt against the proposition of stripping them of all this, and removing them into new situations, where from the advanced season of the year, no pre- parations can be made for carrying themselves comfortably through the heat of summer ; and when it is known that the necessary ad- vances for the conveniences already provided, have exhausted their funds and left them unable to make the like exertions anew. OF THOMAS JEFFERSON. 1S3 Again ; review this matter as it may regard appearances. A body of troops, after staying a twelvemonth at Boston, are ordered to take a march of seven hundred miles to Virginia, where, it is said, they may be plentifully subsisted. As soon as they are there, they are ordered on some other march, because, in Virginia, it is said, they cannot be subsisted. IndiflTerent nations will charge this eitlaer to ignorance, or to whim and caprice ; the parties interested, to cruelty. They now view the proposition in that light, and it is said, there is a general and firm persuasion among them, that they were marched from Boston with no other purpose than to harass and destroy them with eternal marches. Perseverance in object, though not by the most direct way, is often more laudaljle than perpetual changes, as often as the object shifts light. A character of steadiness in our councils is worth more than the suJDsistence of four thousand peo- ple. # * * * " To conclude. The separation of these troops would be a Ijreach of public faith ; therefore 1 suppose it impossible. If they are re- moved to another State, it is the fault of the Commissaries ; if they are removed to any other part of the State, it is the fault of the Com- missaries ; and in both cases, the public interest and pulilic security suffer, the comfortable and plentiful suljsistence of our own army is lessened, the health of the troops neglected, their wishes crossed, and their comforts torn from them, the character of whim and caprice, or, what is worse, of cruelty, fixed on us as a nation, and, to crown the whole, our own people disgusted with such a proceeding. " I have thus taken the hberty of representing to you the facts and the reasons, which seem to militate against the separation or removal of these troops. I am sensible, however, that the same sub- ject may appear to different persons in very different lights. What I have urged as reasons, may, to sounder minds, be apparent falla- cies. I hope they will appear, at least, so plausible, as to excuse the interposition of your Excellency's most obedient and most humble servant." The reasonableness and cogency of this appeal, produced the in- tended effect. The Governor and Council, on a dispassionate re- view of the arguments submitted by Mr. Jefferson, were convinced, that the removal or separation of the troops, would be a breach of ihe public faith, and fix the character of unsteadiness, and what was worse, of cruelty, on the Councils of the nation. The proposi- tion was accordingly abandoned, and the troops permitted to remain together at Charlottesville. The liberal and high-mmded conduct of Mr. Jefferson, on this occasion, and his uniform endeavors, during their confinement, tf ameUorate their suffering condition, excited in the soldiers theliveli- 184 LIFE, WRITINGS, AND OPINIONS est emotions of gratitude. They loaded him with expressions of their sensibihty ; and no time could obliterate the impression from their hearts. Subsequently, when Ambassador in Europe, Mr. Jetferson visited Germany ; and passing through a town where one of the Hessian corps, that had been at Charlottesville, happened to be in garrison, he met with Baron De Geismar, who immediately apprized Jiis brother officers of the presence of their benefactor. They flocked around him, greeted him with affecting tokens of their remembrance, and spoke of America with enthusiasm. On taking leave of Charlottesville, the principal officers. Major Generals Phillips and Riedesel, Brigadier Specht, C. De Geismar, .T. L. De Unger, and some others, addressed him letters, expressive oftheir lasting attachment, and bidding him an affectionate adieu. Philhps emphatically extols his "delicate proceedings." Riedesel repeatedly and fervently pours out his thanks, and those of his wife and children. To all these letters, Mr. Jefferson returned answers, replete with sentiments of politeness and generosity, of the highest order. Some of these answers have been preserved. " The great cause which divides our countries," he replied to Phillips, " is not to be decided by individual animosities. The harmony of private so- cieties cannot weaken national efforts. To contribute, by neigh- borly intercourse and attention, to make others happy, is the short- est and suiest way of being happy oui-selves. As these sentiments «eemto have directed your conduct, we should be as unwise as illib- eral, were we not to preserve the same temper of mind." To General Riedesel he thus wrote : " The little attentions you are pleased to magnify so much, never deserved a mention or thought. Opposed as we happen to be, in our sentiments of duty and honor, and anxious for contrary events, I shall, never- theless, sincerely rejoice in every circumstance of happiness and safe- ty w4iich may attend you personally." To Lieutenant De Unger, xAno Avrote in French wdth an air of great naivete, he replied in the following manner : " The very small amusements which it has been in my power to furnish, in or- der to lighten your heavy hours, by no means merited the ac- knowledgements you make. Their impression must be ascribed to your extreme sensibility rather than to their own weight. When the course of events shall have removed you to distant scenes of ac- .tion, where laurels not moistened with the blood of my country, may OF THOMAS JEFFERSON. 185 be gatherecl, 1 shall urge my sincere prayers for your obtaining ev- ery honor and preferment which may gladden the heart of a soldier. On the other hand, should your fondness for philosophy resume its merited ascendency, is it impossible to hope, that this unexplored country may tempt your residence, by holding out materials, where- \vith to build a fame, fovmded on the happiness, and not on the ca- lamities of human nature ? Be this as it may, a philosopher or a soldier, I wish you personally many felicities." De linger was a votary of literature and science. He was a frequent visitor at the hospitable mansion of Mr. Jefferson, and enjoyed in his library ad- vantages, which, his taste combined with his situation to render doubly precious. Other officers lov^ed music and painting ; they found in him a rich and cultivated taste for the fine arts. They were astonished, delighted ; and their letters to several parts of Ger- many, gave of the American character, ideas derived from that ex- alted specimen. These letters found their way into several Ga- zettes of the ancient world, and the name of Jefferson was associa- ted with that of Franklin, whose fame had then spread over Eu- rope. " Surely," says an historian,* '-'this innocent and bloodless conquest over the minds of m^n, whose swords had originally been hired to the oppressors of America, was in itself scarcely less glori- ous, though in its effects less extensively beneficial, than the splen- did train of victories which had disarmed their hands." CHAPTER Vn. On the 1st of June, 1779, Mr. Jefferson was elected Governor of the Commonwealth of Virginia ; and retired from the Legislature, with the highest dignity within the scope of their appointment. Political distinctions being then unknown, the ballot box determin- ed the exact value put upon the abilities of public characters. Be- ing but thirty-six years old, his personal ascendency must have been great to have outweighed the sanctimonious and almost irresistible predisposition for age and experience, in selecting the Executive *Girardin, p.327. 186 LIFE, WRITINGS, AND OPINIONS head. The result, however, was not unnatural. The connection of his name, in such distinguished forms, with the most important revolutionary transactions, especially the Declaration of Independ- ence, and his bold and rapid succession of reformations, in the mu- nicipal Legislature, sulastituting lepul^licanism in the room of mon- archy, throughout, had established a reputation, whose pre-emi- nence was justly undisputed and indisputable. Yet, with so many claims to the gratitude and confidence of his country, it is stated as an historical fact, that he received the intelligence of his election with unaffected regret. The metaphysical attachments of his mind were unsuited to the pomp and perturbation of office ; and patriotic devotion alone, could induce him to relinquish a sphere of action, in which the labors of the statesmen might be occasionally intermin- gled with the tranquil pursuits of philosophy, and the pleasures of domestic retirement. A circumstance attended his elevation to the office of Chief Mag- istrate, which is entitled to special consideration and regard. It was one of the noblest and most endearing traits of Mr. Jefferson's char- acter, that he never would permit his personal attachments to be weakened by public rivalries or political animosities. The most af- fecting proofs of his adherence to this rare species of magnanimity, through seasons of unparalleled political rancor, adorn the later por- tions of his public history. On the present occasion, his intimate friend, John Page, a patriotic and high-minded gentlemen, impru- dently permitting himself to be nominated, shared with him the suf- frages of the Legislature. It is not improbable, that the extreme liberality of Mr. Jefferson's opinions, on certain important points, had rallied in opposition to hipn, the remnants of that avenging aristocracy, whom he had so often and so gloriously vanquished , federating with the personal and political friends of Mr. Page, with at without his connivance, they might be able to make a sensible diversion from the principal candidate, which would account for the actual result of the vote. Be this as it may, Mr. Jefferson would permit no such construction to rest on his own mind, and alienate him from his friend, whatever might be the constructions of the world, to which he was absolutely invulnerable ; and he entreated liis involuntary rival to remain forever easy under this assurance. In reply to a card of explanation from him, he wrote the follow- ing letter. OF THOMAa JEFFERSON. 187 '• Williamsburg, June 22, 1779. " Dear Page, — I received your letter by Mr. Jamieson. It had given me much pain, that the zeal of our respective friends should ever ha\'e placed you and me in the situation of competitors. I was comforted, however, with the reflection, that it was their competi- tion, not ours, and that the difference of the numbers wdiich decided betv.-een us, was too insignificant to give you a pain, or me a pleas- Mve, had our dispositions towards each other been such as to admit those sensations. I know you too well to need an apology for any thing you do, and hope you will for ever be assured of this ; and as to the constructions of the world, they would only have added one to the many sins for wbich they are to go to the devil. As this is the first, I hope it will be the last, instance of ceremony between us. A desire to see my family, which is in Charles City, carries me thith- er to-morrow, and I shall not return till Monday. Be pleased to present my compliments to Mrs. Page, and add this to the assuran- ces I have ever given you, that I am, dear Page, your affectionate friend." Immediately on assuming the helm of administration, Mr. Jeffer- son directed the weight of his station, and the powers confided to him, towards reclaiming the enemy to the principles of humanity, m the treatment of American prisoners. He had seen with sensi- bility, that the conduct of the British oflficers, civil and military, had in the whole course of the w ar, been savage, and unprecedented among civilized nations ; that American officers and soldiers, capti- vated by them, had been loaded with irons — consigned to crowded gaols, loathsome dungeons, and prison-ships — supphed often with no food, generally with too little for the sustenance of nature, and that httle so unsound and unvk'holesome, as to have rendered captiv- ity and death almost synonymous with them ; that they had been transported beyond seas, where their fate could not be ascertamed, or compelled to take arms against their country, and by a refinement in cruelty, to become the murderers of their own bretln-en. On the other hand, the treatment extended to British prisoners, by American victors, had been marked, he well knew, with singular mod- eration and clemency. They had been supphed, on all occasions, with wholesome and plentiful food, provided with comfortable accommoda- tions, suffered to range at large wdthin extensive tracts of country, permitted to live in American families, to labor for themselves, to acquire and enjoy property, and finally, to participate in the princi- pal benefits of society, while privileged from all its burthens. In some cases they had been treated Avith elegant hospitahty, and refin- 1S8 LIFE, WRITINGS, AND OFINIONff ed courtesy. We have already witnessed the gratifying spectacle of four thousand British troops, prisoners of war, reheved suddenly from an accumulation of miseries, and raised, some to a state of dig- nified ease, all to a condition of competency and comfort, chief- ly by his own private enterprises, seconded by the liberality and munificence of his fellow citizens. Reviewing this contrast, which could not be denied by the ene- my themselves, in a single point, and which had been continued by them for a term of time, which forbade any longer hope of winning them over to the practice of humanity, by the law^ of kindness and generosity, Governor Jefferson felt impelled, by a sense of public justice, to substitute a system of rigorous and dreadful retribution. He felt "called on," in the impressive language of his order, "by that justice we owe to those who are fighting the battles of our coun- try, to deal out miseries to their enemies, measure for measure, and to distress the feelings of mankind by exhibiting to them spectacles of severe retaliation, where we had long and vainly endeavored to introduce an emulation in kindness." Happily, the fortune of war had thrown into his pow er, some of those very individuals, w4io, having distinguished themselves person- ally in the practice of cruelties, were proper subjects on which to begin the work of retaliation. Among these w^ere Henry Hamilton, who, for some years past, had acted as Lieutenant Governor of the settlement at Detroit, under Sir Guy Carlton ; Philip Dejean, Jus- tice of the Peace for Detroit, and William Lamothe, captain of vol- unteers, — taken prisoners of war by Colonel Clarke at Fort St. Vin- cents, and brought under guard to Williamsburg, early in June, '79. Proclamations under his own hand, and the concurrent testimony of indifferent witnesses, proved Governor Hamilton a remorseless de- stroyer of the human race, instead of an honorable national enemy. He had excited the Indians to perpetrate their accustomed atroci- ties upon the citizens of the United States, with an eagerness and ingenuity, which evinced, that the general nature of the employ- ment harmonized w^ith his particular disposition. He gave stand- ing rewards for scalps, but offered none for prisoners, which induced the Indians, after compelling their captives to carry their ba^age- into the neighborhood of the fort, to butcher them at last, and carry in their scalps to the Governor, who w^elcomed their return and suc- cess by a discharge of cannon ; and the few American prisoners OF THOMAS JEFFERSON". 189 spared by his blood-hounds, were doomed by him to a captivity of hngeiing and complicated toitnreSf terminating in death. Concern- ing Dejean and Lamothe, it was well ascertained, that they had, on all occasions, been the ready and cordial instruments of Hamilton ; the former, acting in the double capacity of judge and jailor, had instigated him by malicious insinuations, to increase rather than re- lax his severities, and had aggravated the cruelty of his orders, by his manner of executing them ; the latter, as commander of volun- teer scalping parties, Indians and whites, had desolated the frontier settlements by his marauding excursions, devoting to indiscrimin- ate destruction, men, women, and children, and stimulating by his example, the fury of his execrable banditti.* Possessed, by the force of American arms, of such fit subjects as these, on which to make the first demonstrations of retributive jus- tice, and coerce the enemy into the usages of civilized warfare, Governor Jefferson issued an order, in conformity to the advice of his Council, directing the above named prisoners to be put in irons, confined in the dungeon of the public gaol, debarred the use of pen, ini\:, and paper, and excluded from all conversation, except with their keeper. Major General Phillips, who continued near Charlottesville in dignified captivity, having read in the Virginia Gazette, the ener- getic order of the Governor, immediately addressed him a remon- strance on the subject. In his communication, he endeavored to invalidate the testimony against Hamilton, and to extenuate his conduct ; expressed doubts respecting the authority of any particu- lar State to enter upon retaliation, which he supposed belonged ex- clusively to Congress ; expatiated largely on the sacred nature of a capitulation, which, in the present case, he contended, exempted the prisoner from the severe punishment inflicted on him, whatever his previous conduct might have been ; and in conclusion, entreat- ed the Governor to reconsider the subject. " From my residence in Virginia," he adds, " I have conceived the most favorable idea of the gentlemen of this country ; and from my personal acquaint- ance with you, Sir, I am led to imagine it must have been very dissonant to the feelings of your mind, to inflict such a weight of ' * Jefferson's "Works, Vol. 1. Appendix, Note A. 17* 190 LIFE, WRITINGS, AND OPINIONS luiseiy and stigma of disgrace upon the unfortunate gentleman io question." Whatever may have been the feelings of Mr. Jefferson, when no superior obligation stood in the way, (and none had better reason to honor them than General Phillips and his fellow captives,) his present situation, as Chief Magistrate, required the stern subordina- tion of those feelings to the service of his country, and the gener- al good of mankind. His own opinion was, that all persons taken in war, as well those who surrendered on capitulation, as those wlio surrendered at discretion, were to be deemed prisoners of war, and liable to the same treatment ; except only so far as they were protected by the express terms of their capitulation. In the sur- rehdry of Governor Hamilton, no stipulation was made as to tlie t reatment of himself or his fellow prisoners. The Governor, indeed, upon signing, had added a flourish of reasons, which induced him to capitulate, one of which was, the generosity of his victorious en- emy. ' Generosity, on a large and comprehensive scale, thought Mr, Jefferson, dictated the making a signal example of the gentle- man ; but waiving that, these were only the private motives in- ducing him to surrender, and did not enter into the contract of the antagonist party.' He continued in the belief, therefore, that the l>are existence of a capitidation, did not privilege Hamilton from confiiiement, there being in that contract no positive stipulation to that effect. The importance of the point, however, in a national view, and his great anxiety for the honor of the government, un- der a charge of violated faith by one of its supreme functionaries, induced him to sul^mit the question to the Commander in Chief ; sensible that there was no other person whose opinion would so authoritatively decide the doubt in the pubhc mind, or to which he was disposed so implicitly to conform. General Washington saw wath pleasure the Executive of his native State, entering with commendable energy, upon a course of measures, which the conduct of the enemy had rendered necessa- ry. But, entertaining doubts as to the real bearing and extent of the capitulation in question, and concurring with Mr. .Tefferson, in a sacred respect for the laws and usages of civiUzed nations, he re- commended a relaxation of severities, after a fair trial of the prac- tical effect of the present proceeding. One solemn inculcation would have been administered ; Virginia would have it in her OP THOMAS JEFFERSON. 191 p(nver to repeat it. This alone might produce the intended reform- ation, and remove the horrid necessity of individual chastisement, for national barbarities. Influenced by the advice of the Commander in Chief, the more as it harmonized with the better dictates of his understanding, Governor Jefferson re-considered the case of the captives, and issu- ed a second order in council, mitigating the severity of the first, though not comproraiting the right, in any one point. A single specimen of the early State papers of Mr. Jefferson, is the least that will be required by the reader, while it is all that our limits ' will allow. There is something peculiarly elevated in the senti- ment and diction of all his Executive mandates. " In Council, September 29, 1779. " The board having been, at no time, unmindful of the circum- stances attending the confinement of Lieutenant Governor Hamil- ton, Captain Lamothe, and Philip Dejean, which the personal cruelties of those men, as well as the general conduct of the ene- my, had constrained them to advise : wishing, and wilHng to ex- pect that their sufferings may lead them to the practice of human- ity, should any future turn of fortune, in their favor, submit to their discretion the fate of their fellow creatures ; that it may prove an admonition to others, meditating like cruelties, not to rely for im- punity in any circumstances of distance or present security ; and that it may induce the enemy to reflect, what must be the painful consequences, should a continuation of the same conduct on their part impel us again to severities, while such multiplied subjects of retaUation are within our power ; sensible that no impression can he made on the event of the war, by wreaking vengeance on mis- erable captives, that the great cause which has animated the two nations against each other, is not to be decided by unmanly cruel- ties on wretches, who have bowed their necks to the power of the victor, but by the exercise of honorable valor in the field ; earnestly hoping that the enemy, viewing the subject in the same light, will be content to abide the event of that mode of decision, and spare us the pain of a second departure from kindness to our cap- tives : confident that commisseration to our prisoners i$ the only possible motive, to which can be candidly ascribed, in the present actual circumstances of the war, the advice we are now about to give ; the board does advise the Governor to send Lieutenant Gov- ernor Hamilton, Captain Lamothe, and Philip Dejean, to Hanover court house, there to remain at large, within certain reasonable limits, taking their parole in the usual manner. The Governor oiders accordingly." 19^ LlPEj WRITINGS, AND OPINIONS Agreeably to the above order, a parole was drawn up and ten- dered the prisoners. It required them to be inofiensive in word as well as deed; to which they objected, insisting on entire freedom of st5eech. They were, consequently, remanded to their confinement, which was now to be considered voluntary. Their irons, however, were knocked off'. The subaltern prisoners, soon after, subscribed the protlered parole, and were enlarged ; but Hamilton, aspiring to tlie fame of a martyr in the royal cause, and expecting ample re- muneration for his magnified distressei=, by future promotion, long refused to follow. Upon being informed by General Philhps, who had been exchanged, that his sufferings would be perfectly gratu- itous, he at last complied. These vigorous measures of Governor Jefferson produced the clTects anticipated. In the first moments of passion, the British re- resorted to what they improperly termed, retaliation ; being a revival only, in more hideous forms, of their established practices — there- fore, to be deemed original and unprovoked in every new instance. A declaration was also issued, that no officers of the Virginia line should be exchanged till Hamilton's affair should be satisfactorily settled. When this information was received, the Governor imme- diately ordered all exchange of British prisoners to be stopped, with tlie determination to use them as pledges for the safety of Ameri- cans in hke circumstances. " It is impossible," he writes to Gen- eral Washington, " they can be serious in attempting to bully us in this manner. We have too many of their subjects in our power, and too much iron to clothe them with, and, I will add, too much resolution to avail ourselves of both, to fear tbeir pretended retalia- tion." Eflectual measures were taken for ascertaining, fi'om time to time, tlie situation and treatment of American captives, with a view to retaliate, on the enemy, corresponding treatment in all cases ; and the prison ship, fitted up on the recommendation of Congress, was ordered to a proper station, for the reception and confinement of such as should be sent to it. " I am afraid," he again writes to the Commander in Chief, " I shall hereafter, perhaps, be obliged to give your Excellency some trouble in aiding me to obtain information of the future usage of our prisoners. I shall give immediate orders for having iu readiness evety engine, which the enemy have con- trived for the destruction of our unhappy citizens captivated by' them. The presentiment of these operations is shocking beyond OF THOMAS JEFFERSON. 193 expression. I pray Heaven to avert them ; but nothing in this World will do it, but a proper conduct in the enemy. In every event, I shall resign myself to the hard necessity under which I shall act." The Governor was not insensible to the aggravation of misery, which the first exercises of his policy brought on those unfortimate Citizens of the United States, who were in the power of the ene- ny. On the contrary, he entered feelingly into their situation, and encouraged them, by persuasive appeals to their fortitude, and by those fascinating descriptions of future glory, which so powerfully affect the soldier, to bear up against a temporary increase of per- sona\ suffering, for the lasting and general benefit of their country. An iiieresting letter nf his to Colonel Matthews, ail otiicer of the Virginia line, whose parolp had been leLiacted ))y the enemy, in consequv^re of the new measures, has recently been given to the world. \t. explnins the motives, and the benefirial tcndcucy of his policy, ir a forcible and engaging manner. "It gives us great pain that any of our countrymen should be CU off from the society of their friends and tenderest connections, wfye it seems as if it was in our power to administer relief. But we rust to their good sense for discerning, and their spirit for bear- ing k) against the fallacy of this appearance. * * # Humane conduct on our part, was found to produce no effect ; the contrar}^ therefore, was to be tried. If it produces a proper lenity to our citizens in captivity, it will have the effect we meant ; if it does not, ve shall return a severity as terrible as universal. If the causes of oiv vigor against Hamilton were founded in truth, that rigor was jus, and would not give right to the enemy to commence any new hosti^ties on their part ; and all such new severities are to be considered, not as retaliation, but as original and unprovoked. If those causes y^ve not founded in truth, they should have denied them. If, declinirjiT the tribunal of truth and reason, they choose to pervert this into », contest of cruelty and destruction, we wnll contend with them in that line, and measure out misery to those in our power, in that ^aultiplied proportion which the advantage of superior numbers enable;! us to do. We shall think it our particu- lar duty, after the information we gather from the papei's which have been laid before us, lo pay very constant attention to your situation, and that of your fellow prisoners. We hope that the prudence of the enemy will be your protection from injury ; and we are assured that your regard for the honor of your country would not permit you to wish we should suffer ourselves to be bul- lied into an acquiescence, under every insult and cruelty they may 194 LIFE, WRITINGS, AND OPINIONS choose to practise, and a fear to retaliate, lest )'oii should be made to experience additional sufierings. Tlieir officers and soldiers in our hands are pledges for your safety ; we are determined to use them as such. Iron will be retaliated by iron, but a great multi- plication on distinguished objects ; prison ships by prison ships, and like for like in general. * * * I beg you to be assured, there is nothing consistent with X\v honor of your country, which we shall not, at all times, be ready n, Governor Jefferson instituted active measures for extending the western establishments of Virginia, with a view to secure, by actual possession, the right of that State in its whole extent, to the Mis- sissippi. He engaged a company of scientific gentlemen to proceed, under an escort, to the Mississippi, and ascertain, by celestial ob- servation, the point on that river intersected by the latitude of thirty six and a half degrees, the southern limit of the State ; and to measure its distance from the mouth of the Ohio. The brave -and enterprising Colonel Clarke, who, by a series of un- paralleled successes over the Indians, had already secured extensive acquisitions to Virginia, was selected by the Governor to conduct the military operations. He was directed, so soon as,the southern limit on the Mississippi should be ascertained, to select a strong and com- manding position, near that point, and to estaljlish there a Fort and garrison ; thence to extend his conquests northward to the Lakes, erecting Forts at different points, which might serve as monuments of actual possession, besides affording protection to that portion of the country. Under these orders. Fort Jefferson, in compliment to the founder of the enterprize, was erected and garrisoned on the Mississippi, a few miles above the southern limit. The final result of this patriotic expedition, was the addition to the chartered limits of Virginia, of that immense tract of country north west of the Ohio river, which includes the present States of Indiana, Illinois, Ohio in part, and the Michigan Territory. The following year, 1780, on the urgent recommendation of Governor Jefferson, and in compliance with the wishes of Congress, a resolution passed the Legislature, generously ceding to the United States, the whole of this vast extent of unappropriated territory. This important event removed the great obstacle to the ratification of the Confederacy between the States. Upon transmitting the res- olution to the President of Congress, the Governor wrote : " I shall be rendered very happy if the other States of the Union, equally'im- pressed with the necessity of the important convention in prospect, shall be wilhng to sacrifice equally to its completion. This single "event, couldittake place shortly, would outweigh every success which 196 LIFE, WRITINGS, AND OPINIONS the enemy have hitherto obtained, and render desperate the hopes to which those successes have given birth." To this magnanimous resolution, were appended the well known sentiments of Mr. Jeflerson, with respect to the navigation of the Mississippi, and the necessity of securing a free Port at the mouth of that river. In the course of one month after the adoption of this measure, the Confederation was completed. On the first of June, 1780, Mr. Jefferson was re-elected Govern- or by the unanimous vote of the Legislature. During his second gubernatorial term, Virginia, which had hitherto been distant from I he seat of war, was destined to be made the theatre of a cam- paign more arduous, perilous and distressing, than perhaps distin- guished any other period of the Revolution. Three systematic inva- sions, by numerous and veteran armies, inundated the State, in quick and terrible succession ; nor could there have been a more un- favoralile concurrence of circumstances, for offering an adequate re- sistance, than existed during the whole time these formidal)le oper- ations were carried on. Virginia was completely defenceless ; her physical resources were exhausted ; her troops had been drawn off to the South and to the North, to meet the incessant demands' in those quarters, and the Continental army was too much reduced to afford her any important succors. The militia constituted the only force on which any reliance could be placed ; and the resort to this force was limited by the deficiency of arms, which was aggravated by the pressing destitution of the finances. Indeed, the general con- dition of the country, at the South, exhibited a deplorable aspect. The city of Charleston, with the main body of the Continental army, had fallen into the hands of Lord Cornwallis ; and the haughty victor, inflated with success, had proclaimed his intention of pushing his advances northward, on a magnificent scale of conquest, subju- gating in his course, the entire States of Nortli Carolina and Vir- ginia, and devoting the inhabitants to unconditional submission, or the sword. Intelligence of these menacing calculations had no sooner reach- ed Virginia, than the Governor commenced the most vigorous meas- ures for recreating the army, and putting the comitry in a firm pos- ture of defence. Fcff this purpose, he was invested by the Legisla- lure with new and extraordinary powers. Should the State be OP THOMAS DfEFFERSON. 197 mvadecl, 20,000 militia were placed at his disposal ; he was empow- ered to impress provisions and other articles, for the public service, and likewise, to lay an embargo in the ports of the Commonwealth, whenever expedient. He was authorized to confine or remove all persons suspected of disaffection ; and to subject to martial law in- dividuals acting as spies or guides to the enemy, or in any manner aiding, abetting, and comforting them, or disseminating among the militia the seeds of discontent, mutiny and revolt. He was direct- ed to invigorate the laboratory for the manufacture of arms, which had, of late, been languishing ; and, at the same time, to provide proper magazines for warlike stores. To meet the pecuniary exi §encies of the times, paper emissions were necessarily multiplied ; and new taxes were devised. These defensive arrangements were scarcely enacted, when their execution was suddenly suspended, by the appearance in the Ches- apeake, of a strong British armament, under the command of Gen- eral Leslie. Resistance by maritime means, being unavailable at this juncture, the Governor immediately collected as large a body oi militia as he could equip, to prevent the debarkation of the enemy ; but the alarm of the inhabitants, whose first care was to secure their wives, children, and movable property, together with the insufficien- cy of arms, rendered his exertions ineffectual. It was to him a source of anguish and mortification, to think, that a jjeople able and zealous to repel the invader, should be reduced to impotency, by the want of defensive weapons. The enemy landed at different points, but soon concentrated their forces in Portsmouth, fortified themselves, and remained in close quarters, until they retreated on ]3oard their ships. It appears this force had been detached by Cornwalhs, to invade Virginia by water, occupy Portsmouth for the purposes of support ooks and papers of the Auditor's and the Council office, and retired * History of Virginia, vol. 4, p. 421. OP THOMAS JEFFRSON. 199 the next day. Within less than forty-eight hours, they had pene- trated thirty-three miles into the country, committed the whole inju- ry, and retreated down the river. The Governor himself narrowly escaped being taken, owing to the suddenness of the attack, and his continuance on the scene of danger, at an unreasonable hour, for the purpose of securing the public property. He had previously sent off ills family to Tuckahoe, eight miles above Richmond, on tlie same side of the river ; but did not join them himself until 1 o'clock in the night He returned the next morning, and continued his person- al attendance in the vicinity of the metropolis, during the whole in- vasion, to the imminent exposure of his life ; and yet, the virulence of party spirit has imputed to him not only flagrant remissness, but a' want of common courage on this occasion ! Arnold shortly after encamped at Portsmouth, where he remain- ed for a long time, in close quarters, panic struck with guilt, and harrowed by the tortures of the lowest hell. The capture of this execrable traitor had, from the moment of his perfidy, been an ob- ject of eager pursuit with all the patriots. Mr. Jefferson was induc- ed to consider the plan practicable, while in his present situation. The following letter to General Muhlenburgh, dated Richmond, January 31, 'SI, developes the scheme which he laid for the accom- plishment of so desirable an object. " Sir, — Acquainted as you are with the treasons of Arnold, I need say nothing for your information, or to give you a proper sentiment of them. You will readily suppose, that it is above all things desir- able to drag him from those, under whose wing he is now shekered. On his march to and from this place, I am certain it might have been done with facility, by men of enterprise and firmness. I think it may still be done, though perhaps, not quite so easily. Having pe- culiar confidence in the men from the western side of the moun- tains, I meant, as soon as they should come down, to get the enter- prise proposed to a chosen number of them, such, whose courage and whose fidehty would be above all doubt. Your perfect knowl- edge of those men personally, and my confidence in your discretion, induce me to ask you to pick from among them, proper characters, in such numbers as you think best ; to reveal to them our desire ; and engage them to undertake to seize and bring off this greatest of all traitors. Whether this may be best effected by their going in as friends, and awaiting their opportunity, or otherwise, is left to them- selves. The smaller the number, the better, so that they may be sufficient to manage him. Every necessary caution must be used on their part, to prevent a discovery of their design by the enemy. 200 LIl-^E, WRITINGS, AND OPINIONS I will undei-take, if they are successful in bringing him ofi' aiivey that they shall receive five thousand guineas reward among them; and to men formed for such an enterprise, it must be a great incite- ment to know, that their names will be recorded with glory in his- tory, with those of Vanwert, Paulding and Williams." Bold and adventurous spirits were found in Muhlenburg's corps, who panted to undertake the daring enterprise ; but Arnold had become cautious and circumspect, beyond the reach of stratagem ; he lay buried in close confinement at Portsmouth, suffered no stran- ger to approach him, and never afterwards unguardedly exposed his person. The project, therefore, was rendered abortive. The real situation of Virginia, at this period, is forcibly depicted 111 the letteis and dispatches of the Governor. " The fatal want of arms," he wrote on the 8th of February, "puts it out of our power to bring a greater force into the field than will barely suffice to re- strain the adventures of the pitiful body of men the enemy have at Portsmouth. Should they be reinforced, the country will be perfect- ly open to them by land as well as by water." " I have been knocking at the door of Congress," he again wrote on die 17th, "for aids of all kinds, but especially of arms, ever since the middle of summer. The speaker, Harrison, is gone to be heard on that sub- ject. Justice, indeed, requires that we should be aided powerfully. Yet, if they would only repay us the arms we have lent them, we should give the enemy troul^le, though abandoned to ourselves," On the same day, he addressed the Commander in Chief, as fol- lows : "Arms and a naval force, are the only means of salvation for Virginia. Two days ago, I received information of the arrival of a sixty-four gun ship and two frigates, in our Bay, being part of the fleet of our good Ally, at Rhode-Island. Could they get at the Brit- ish ships, they are sufficient to destroy them, but these are drawn up into EUzabeth river, into which the sixty-four cannot enter. I apprehend they could do nothing more than block up the river. This, indeed, would reduce the enem}", as we could cut off" their sup- plies by land ; but the operation requiring much time, would proba- bly be too dangerous for the auxiliary force. Not having yet had any particular information of the designs of the French commander, I cannot pretend to say what measures this will lead to." This desperate situation of affairs Avas aggravated by the arrival in the Bay, of two thousand additional British troops, under the OF THOMAS JEFFERSON". 201 coniinand of Major General Phillips. This powerful reinforcement shortly after formed a junction with Arnold, and the combined forces, under Phillipsj immediately renewed, on a more extensive scale than heretofore, their favorite system of predatory and incen- diary incursions into all parts of the unprotected country. They captured and laid waste Williamsburg, Petersburg, and several min- or settlements ; and pursued their destroying advances from vil- lage to village, until they were arrested in their vandal career, by the gallant defender of universal liberty — the immortal La Fayette. During the ferocious and discursive operations of PhiUips and Ar- nold, the Governor remained constantly in and about Richmond, ex- erting all his powers for collecting the militia, and providing sitch means for the defence of the State, as its exhausted resources ad- mitted. Never assuming a guard, and w^ith only the river between him and the enemy, his lodgings were frequently within four or five miles of them, and his personal exposure, consequently, very great. But the grand and final movement against Virginia, compared to which, the previous invasions were feeble and desultory efTbrts, remains to be mentioned. On the 20th of May, 1781, Lord Corn- wallis entered the State, on the southern frontier, with an army of four thousand men. His entry was almost triumphal ; and, pro- ceeding directly to Petersburg, where he formed a junction with the forces under Phillips and Arnold, he estabUshed head quarters, and commenced his vaunted plan of subduing the whole State. This alarming event happened but a few days previous to the close of Mr. Jefferson's administration ; and, in view of the awful crisis which impended over his native State, he felt it his duty, be- fore resigning the government into other hands, to make one, last, solemn appeal to the Commander in Chief, for those important suc- cors, so often before solicited, and on which now evidently depend- ed the salvation of the Commonwealth. "Your Excellency will judge from this state of things, and from what you know of our country, what it may probably suffer during the present campaign. Should the enemy be able to produce no opportunity of annihila- ting the Marquis's army, a small proportion of their force may yet restrain his movements effectually, while the greater part are em- ployed, in detachment, to waste an unarmed country, and lead the minds of the people to acquiescence under those events, which they see no human power prepared to ward off". We are too far re- 18* 202 LIFE, WRITINGS, AND OPINIONS moved from the other scenes of war to say, whether tlie main force of the enemy be within this State. But I suppose they cannot any where spare so great an army for the operations of the field. Were it possike for this circumstance to justify in your Excellency, a determination to lend us your personal aid, it is evident from the imiversal voice, that the presence of their beloved countryman, whose talents have so long been successfully employed in estab- lishing the freedom of kindred States, to whose person, they have :^till flattered themselves they retained some right, and have ever looked up, as their dernier resort in distress, would restore full confidence of salvation to our citizens, and would render them et|ual to whatever is not impossiljle. I cannot undertake to foresee and obviate the difficulties which lie in the way of such a resolu- tion. The whole subject is before you, of which I see only detach- ed parts : and your judgment will be formed on a view of the whole. Should the danger of this State, and its consequence to the Union, be such, as to render it best for the whole that you should repair to its assistance, the difticulty woidd then be, how to keep men out of the field. I have undertaken to hint this mat- ter to your Excellency, not only on my ow^n sense of its importance to us, but at the solicitations of many members of weight in our Legislature, which has not yet assembled to speak their own desires." "A few days will bring to me that relief which the constitution has prepared for those oppressed with the labors of my office, and a long declared resolution of relinquishing it to abler hands, has pre- pared my way for retirement to a private station : still, as an indi- vidual, 1 should feel the comfortable effects of your presence, and have (what I thought could not have been) an additional motive for that gratitude, esteem, and respect, with which I have the hon- or to be," &c. This interesting letter was written but three days previous to the expiration of his second gubernatorial year ; at which time, he had long cherished the determination of relinquishing the administra- tion in favor of a successor, whose habits, dispositions and pursuits, would render him better fitted for the supreme direction of affairs, at such a crisis. " From the beUef," said he, " that, under the pres- sure of the invasion, under which Ave were then laboring, the pub- lic would have more confidence in a military chief, and that the military commander being invested with the civil power also, both niiglit be wielded with more energy, promptitude and effect for the defence of the State, I resigned the administration at the end of my second year, and General Nelson was appointed to succeed me."^ His successor was elected, on the 12th of June, 17S1. OF THOMAS JEFFERSON. 203^ The closing" events of Mr. Jefi'erson's administration, having ex- cited much attention, and occasioned some misrepresentation, a few additional observations, founded on authentic documents, may not be unacceptable to the candid reader. Ever since the invasion of the metropolis, vmder Arnold, in January, 'SI, and the sudden dispersion, by that event, of the Gen- eral Assembly, the legislative functions of the government had been almost totally suspended ; the meml^ers had re-assembled on the first of March, but after a few days session, were compelled to adjourn ; they met again on the 7th of May, but the threatening movements of the enemy, again compelled them, on the 10th, to adjourn to Charlottesville, to met on the 24th. During (his long and critical interval, therefore, the main burden of public afiairs had devolved on the Governor. The weight of anxiety, of re- sponsibility, of personal labor and suffering, which he was called on to endure, no one, who is a stranger to that disastrous period, can adequately conceive. In the discharge of the arduous and multi- plied services, which were required to conduct the administration through a series of formidable invasions, he was cool, sagacious, vigilant, and indefatigable ; but, without continental aids, confined to the resources of the State, exhausted of them, in great part, by the draughts he had furnished to other States, and limited in his resort to the remainder, by the destitution of arms, his exertions were nearly paralyzed, and the public mind began seriously to de- spond. In addition to the multiplied irruptions from the East and the South, Virginia had had a powerful army to oppose on her West- ern frontier. The English and Indians were incessantly harass- ing her in that quarter, by their savage ijicursions. At lengthy the powerful army under CornwalUs, poun^d into the State, and filled up the measure of public danger and distress. The Legisla- ture, which had hastily adjourned from Richmond to Charlottes- ville, had scarcely assembled at the latter place, when they were driven thence by the enemy, over the mountains to Staunton. This was on the last days of May. Pursued and hunted, in this manner, from county to -count}'', with the armies of the enemy in the heart of the State, destitute of internal resources, and aided only by the inconsiderable regular force under La Fayette, many members of that heroic Assembly became dissatisfied, discouraged, 204 LIFE, WRITINGS, AND OPINIONS desperate ; and in the phrenzy of the moment, began to resusci- tat^ the deceased and damning project of Dictator. Some, indeed, were so infatuated as to deem the measure not only sakitary and advisable, but as presenting the only hope of deliverance at this alarming juncture. An individual,* who had borne a distinguished and exemplary part in the anterior transactions of the Revolu- tion, was already designated for the contemplated office. But it was foreseen with dismay by the dictator men, that no headway could be made with such a proposition, against the transcendant popularity and influence of the present Executive ; it was necessa- ry, as a first measure, that he should be put completely hors de combat. For this purpose, his official character was attacked ; the misfortunes of the period, were imputed to the imbecility of his ad- ministration ; he was impeached in a loose, informal way, and a day for some species of hearing, at the succeeding session of the Assembly, was appouited. But no evidence was ever offered to sus- , tain the impeachment ; no question was ever taken upon it, disclos- ing in any manner, the approbation of the legislature ; and the hear- ing was appointed by general consent, for the purpose, as many members expressed themselves, of giving Mr. Jefferson an oppor- tunity of demonstrating the absurdity of the censure. Indeed, the whole effort at impeachment was a mere feint, designed to remove Mr. Jefferson out of the question, for the present, and to make man- ifest, if possible, the necessity of a Dictator. It failed, however, in both objects ; the effect on Mr. Jefferson was entirely the reverse of what had been intended ; and as to the proposed dictatorship, the pulse of the Assembly was incidentally felt in the debates on the state of the Commonwealth, and in out-door conversations, the general tone of which, foretold such a violent opposition to the measure, as induced the original movers to abandon it with precip- itation. This was the second instance of a similar attempt in that State, and of a similar result, caused chiefly by the virtuous and insuperable ascendancy of the same individuals. While these things were going on at Staunton, Mi*. Jefferson was distant from the scene of action, at Bedford, neither interfering himself, nor applied to by the Legislature for any information touch- ing the charges preferred against him ; but so soon as the project * Mr, Henry. OF THOMAS JEFFERSOX. 203 for a dictator was dropped, his resignation of the Government apjjeared. This produced a new scene ; the dictator men insisted upon re-electing him ; but his friends strenuously opposed it, on the grounds, that as he had divested himself of the government to heal the divisions of the Legislature, at that critical season, for the pul)- lic good ; and to meet the accusation upon equal terms, for his own lionor, his motives were too strong to be relinquished, and too fair to be withstood. Still, on the nomination of General Nelson, the most popular man in the State, and without an enemy in the Le- gislature, a considerable portion of the Assembly voted for Mr. Jefferson. On the day appointed for the hearing before mentioned, Mr. Jef- ferson appeared in the House of Delegates, having been interme- diately elected a member. No one offered himself as his accuser. Mr. George Nicholas, who had been seduced to institute the pro- ceeding, and who afterwards paid him an homage equally honor- able to both,* having satisfied himself, in the interim, of the utter groundlessness of the charges, declined the further prosecution of the alfair. Mr. Jefferson, nevertheless, rose in his seat, addressed the House in general terms upon the subject, and expressed his readiness to answer any accusations which might be preferred against him. Silence ensued. Not a word of censure was whis- pered. After a short pause, the following resolution was proposed, and adopted unanimously by both Houses.t '• Resolved, That the sincere thanks of the General Assembly be given to our former Governor, Thomas Jefferson, Esq. for his impartial, upright and attentive administration, whilst in ofl[ice. The Assembly wish in the strongest manner to declare the high opinion which they entertain of Mr. Jefferson's ability, rectitude, and integrity, as Chief Magistrate of this Commonwealth, and mean, by thus publicly avowing their opinion, to obviate and to remove ^1 unmerited censure." A few days after the expiration of Mr. Jefferson's constitutional term of office, and before the appointment of his successor, an in- cident occurred which has been so strangely misrepresented, in later times, as to justify a relation of the details. * G. Nicholas' letter to his constituents — Kentucky. T Most of this relation is copied with verbal precision from the statement of an eyewitness of the whole transaction, inserted in the Appendix to the Continua~ tion of Burk's History of Virginia, 206 LIFE, WRITINGS, AND OFINIOJfS Learning that the General Assembly was in session at Char- lottesville, Cornwallis detached the "ferocious Tarlton," as notori- ously styled, to proceed to that place, take by surprise the members, seize on the person of Mr. Jefferson, whom they supposed still in office, and spread devastation and terror on his route. Elated with the idea of an enterprise so congenial to his dispo- sition, and confident of an easy prey, Tarlton selected a competent body of men, trained to habitual licentiousness by unrestrained indulgence and the demoralizing influence of example, and pro- ceeded with ardor on his ignoble expedition. Early in the morn- ing of June 4th, when within about ten miles of his destination, he detached a troop of horse, under Captain M'Cleod, to Monticello, the well known seat of Mr. Jefferson ; and proceeded himself with the main body, to Charlottesville, were he expected to find the Legislature unapprised of his movement. The alarm, however, had been conveyed to Charlottesville, about sunrise the same morn- ing, and thence quickly to Monticello, only three miles distant. The Speakers of the two Houses, were lodging with Mr. Jefferson at his house. His guests had barely time to hurry to Charlottes- ville, adjourn the Legislature over to Staunton, and, with most of the other members, to effect their escape. He imniediately ordered his carnage, in which Mrs. Jefferson and her children were conveyed to the house of Colonel Carter, on the neighbouring mountain, while himself tarried behind, breakfasted as usual, and completed some necessary arrangements preparatory to his departure. Suddenly, a messenger. Lieutenant Hudson, who had descried the rapid ad- vance of the enemy, drove up at half speed, and gave him a second and last alarm ; stating that the enemy were already as- cending the winding road, which leads to the summit of Monticello, and urging his immediate flight. He then calmly ordered his riding horse, which was shoeing at a neighboring blacksmiths, directing him to be led to a gate opening on the road to Colonel Carter's, whither he walked by a cross path, mounted his horse, and, instead of taking the high road, plunged into the woods of the adjoining mounting, and soon rejoined his family. In less than ten minutes after Mr. Jefferson's departure, his house was surrounded by the impetuous light horse, thirsting for their noble prey. They entered the mansion of the patriot, with a flush of expectation proportioned to the value of their supposed victim ; and, notwithstanding the OF THOMAS JEFFERSON. 207 cliagiiii and irritation which the first discovery of their disappointment excited, a sacred and honorable regard was manifested for the tisa- ges of enUghtened nations at war. Mr. Jefferson's property was respected, especially his books and papers, by the particular injunc- tions of M'Cleod. So much does the conduct of soldiers, depend on the principles and temper of their officers. This is the famous adventure of Carter's mountain, which has been so often and so scandalously caricatured in the licentious chron- icles of partisan controversy. Had the facts been accidentally sta- ted, it would have appeared, that this favorite fabrication amounted to nothing more, than that Mr. Jefferson did not remain in his house, and there fight, single handed, a whole troop of horse, whose main body, too, was within supporting distance, or suffer himself to be taken prisoner. It is somewhat singular, that this egregious of- fence was never heard of until many years after, when most of that generation had disappeared, and a new one risen up. Al- though the whole affair happened some days before the abortive at- tempt at impeachment, yet neither his conduct on this occasion, nor his pretended flight from Richmond, in January previous, were included among the charges. Having accompanied his family one day's journey, Mr. Jefferson returned to Monticello. Finding the enemy retired, with few traces of depredation, he again rejoined his family, and proceeded with them to an estate he owned in Bedford ; where, galloping over his farm one day, he was thrown from his horse, and disabled from riding on horse-back for a considerable time. But the federal ver- sion of the story found it more convenient to give him this fall in his retreat before Tarlton, some weeks anterior, as a proof that be withdrew from a troop of horse, with a precipitancy which Don Quixote would not Imve practiced. M'Cleod tarried about eighteen hours at Monticello, and Tarlton about the same time at Charlottesville, when the detachments re- united, and retired to Elkhill, a plantation of Mr. Jefferson's. At this place, Cornwallis had now encamped, with the main army, and estabUshed head quarters. Some idea may be formed of the van- dahsm practiced by the British, during their continuance at Elkhill, and, indeed, through the whole succeeding part of that campaign, from the following extract of a letter, written by Mr. Jefferson, on 208 LIFE, WRITINGS, AND OPINIONS a special request. It is dated July 16th, 1788, and addressed to Dr. Gordon, one of the compilers of our revolutionary history. " Cornwallis remained in this position ten days, his own head- quarters being in my house, at that place. I had time to remove most of the effects out of the house. He destro37ed all my growing crops of corn and tobacco ; he burned all my barns, containing the same articles of the last year, having first taken what corn he wan- ted ; he used, as was ''to be expected, all my stock of cattle, sheep, and hogs, for the sustenance of his army, and carried of all the horses capable of service ; of those too young for service, he cut the throats ; and he burned all the fences on the plantation so as to leave it an absolute waste. He carried off also about thirty slaves. Had this been to give them freedom, he would have done right ; but it was to consign them to inevitable death from the small-pox and putrid fever, then raging in his camp. This I knew after wards to be the fate of twenty-seven of them. I never had news of the remaining three, but presume they shared the same fate. When I say that Lord Cornwallis did all this, I do not mean that he carried about the torch in his own hands, but that it was all done under his eye ; the situation of the house in which he was, commanding a view of every part of the plantation, so that he must have seen every fire. I relate these things on my own knowledge, in a great degree, as I was on the ground soon after he left it. He treated the rest of the neighborhood somewhat in the same style, but not with that spirit of total extermination with which he seemed to rage over my possessions. Wherever he went, the dwel- ling-houses were plundered of every thing which could be carried off. Lord Cornwallis' character in England would forbid the belief that he shared in the plunder ; but that his table was served with the plate thus pillaged from piivate houses, can be proved by many himdred eye-witnesses. From an estimate I made at that time, on the best information I could collect, I supposed the State of Virginia lost under Lord Cornwallis' hands, that year, about thirty thousand slaves ; and that of these, about twenty-seven thousand died of the small-pox and camp-fever, and the rest were partly sent to the West Indies, and exchanged for rum, sugar, coffee, and fruit, and partly sent to New York, from whence they went, at the peace, either to Nova Scotia or England. From this last place, I beheve they have been lately sent to Africa. History will never re- late the horrors committed by the British army, in the southern States of America. They raged in Virginia six months only, from the middle of April to the middle of October, 1781, when they were all taken prisoners ; and I give you a faithfid specimen of their transactions for ten days of that time, and on one spot orily. Ex jyede Herculem. I suppose their whole devastations during those six months, amounted to about three millions sterling." t)P THOMAS JEFFERSON. 209 We are now hurried, with instinctive pleasure, from the distress- ing scenes of war and confusion, to a deUghtful interval in Mr. Jefferson's life, in which he recurred with eagerness, to the sober and refreshing pursuits of science. During the early part of the turbulent year of '81, while disabled from active employment by the fall hom his horse, he found suffi- cient leisure to compose his celebrated " Notes on Virginia" ; than which, no other work in the English language, of tlie same mag- nitude, possesses more substantial merits, or has attained a more extensive and abiding reputation. This was the only original pub- lication in which he ever embarked ; nor was the present work prepared with any intention, whatever, of committing it to the press. Its history is a httle curious. M. de Marbois, of the French legation, in Philadelphia, having heen instructed by his government to obtain such statistical ac- counts of the different States of the Union, as might be useful for their information, addressed a letter to Mr. Jefferson, containing a number of queries relative to the State of Virginia. These queries embraced an extensive range of objects, and were designed to elicit a general view of the geography, natural productions, government, history, and laws of the Commonwealth. Mr. Jefferson had al- ways made it a practice, when . travelling, to' commit his observa- tions to writing ; and to improve every opportunity, by conversa- tions with the inhabitants, and by personal examination, to enlarge his stock of information on the physical and moral condition of the country. These memoranda were on loose pieces of paper, promiscuously intermixed, and difficult of recurrence, when occasion required the use of any particular one. He improved tire present opportunity, therefore, to digest and embody the substance of them, in the order of M. de Marbois queries, so as to answer tlie double purpose of gratifying the wishes of the French government, and of arranging them for his own convenience. Some friends, to whom they were occasionally communicated in manuscript, requested copies ; but their volume rendering the business of transcribing too laborious, he proposed to get a few printed, for their private gratification. He was asked such a price, however, as exceeded, in his opinion, the importance of the object, and abandoned the idea. Subsequent- ly, on his arrival in Paris in '84, he found the printing could be ob- 19 210 LIFE, WRITINGS, AND OPINIONS tallied for one fourth part of what he had been asked in America. He thereupon revised and corrected the work, and had two hundred copies printed, under the modest title which it bears. He gave out a very few copies, to his particular friends in Europe, writing in each one a restraint against its publication ; and the remainder he transmitted to his friends in America, An European copy, by the death of the owner, having got into the hands of a Paris booksel- ler, he engaged a hirehng translation, and sent it into the world in the most injurious form possible. " I never had seen," says the Au- thor, " so wretched an attempt at translation. Interverted, abridg- , ed, mutilated, and often reversing the sense of the original, I found it a blotch of errors from beginning to end." Under these circum- stances, he w^as urged by the principle of self defence, to comply with the request of a London bookseller, to publish the English original ; which he accordingly did. By this means, it soon be- came extensively the pioperty of the public, and advanced to a high degree of popularity. The work has since been translated into all the principal tongues of Europe, and run through a large number of editions in England, France,* and America. The principal attractions of this unambitious volume are, the solid mass of science, natural and historical, which it contains ; its sound philosophy in matters of government, religion, morals, ject, the perpetuation of the personal friendships contracted through the war. "The objections of those who are opposed to the institution shall be briefly sketched. You will readil}^ fill them up. They uige that it is against the Confederation— against the letter of some of our Constitutions — against the spirit of all of them : — that the foundation on which all these are built, is the natural equality of man, the de- nial of every pre-eminence but that annexed to legal office, and, par- ticularly, the denial of a pre-eminence by birth : that however, in their present dispositions, citizens might decline accepting honorary instalments into the order ; but a time may come, when a change of dispositions would render these flattering, when a well directed distribution of them might draw into the order all the men of talents, of office, and wealth ; and in this case, would probably procure an in- graftment into the government ; that in this, they will be supported by their foreign mem!>ers, and the viashes and influence of foreign courts ; that experience has shown that the hereditary brandies of modern governments are the patrons of privilege and prerogative, and not of the natural rights of the people, whose oppressors they generally are : that b.esides these evils, which are remote, others may take place more immediately ; that a distinction is kept up be- tween the civil and military, which it is for the happiness of both to o]>literate ; that when the members assemble they will be propos- ing to do something, and what that something may be, will depend on actual circumstances ; that being an organized body, under hab- its of subordination, the first obstruction to enterprise will ]3e already surmounted ; that the moderation and virtue of a single character liave probably prevented this Revolution from being closed as most OF THOMAS JEFFERSON. 237 Others have been, by a subversion of that hberty it was intended to estabUsh ; that he is not immortal, and liis successor, or some of his successors, may be led by false calculations into a less certain road to glory. "This, Sir, is as faithful an account of sentiments and facts as I am able to give you. You know the extent of the circle within which my observations are at present circumscribed, and can esti- mate how far, as forming a part of the general opinion, it may merit notice, or ought to influence your particular conduct. " It now remains to pay obedience to that part of your letter which requests sentiments on the most eligible measures to be pur- sued by the society, at their next meeting. I must be far from pre- tending to be a judge of what would, in fact, be the most eligible measures for tbe society. I can only give you the opinions of those with whom I have conversed, and who, as I have before observed, are unfriendly to it. They lead to these conclusions. 1. If the so- ciety proceed according to its institution, it will be better to make no application to Congress on that subject, or any other, in their associa- ted character. 2. If they should propose to modiiy it, so as to ren- der it unobjectionable, I think it would not be effected without such a modification as would amount almost to annihilation : for such would it be to part with its inheritability, its organization, and its assemblies. 3. If they shall be disposed to discontinue the whole, it would remain with them to determine whether they would choose it to be done by their own act only, or by a reference of the matter to Congress, which would infallibly produce a recommendation of total discontinuance. " You wiU be sensible, Sir, that these communications are with- out reserve. I supposed such to be your wish, and mean them but as materials, with such others ns you may collect, for your better judgment to v/ork on. I consider the whole matter as between our- selves alone, having determined to take no active part in this or any thing else, which may lead to altercation, or disturb that quiet and tranquiUity of mind, to which I consign the remaining portion of my life. I have been thrown back by events, on a stage where I had never more thought to appear. It is but for a time, however, and as a day laborer, free to withdraw, or be withdrawn at will. While I remain, I shall pursue in silence the path of right, but in eveiy situation, public or private, I shall be gratified by all occasions of rendering you service, and of convincing you there is no one, to whom your reputation and happiness are dearer than to, Sir, your most obedient and most humble servant." The sentiments of Mr. Jefferson on the subject of the Cincinnati, were the sentiments of a majority of the members of Congress ; and they soon animated the mass of the people. General Wash- 21* 238 LIFE, WRITINGS, AND OPINIONS ington was oppressed with solicitude ; he weighed the considera- tions submitted to him, with intense dehberation ; and although concious of the purity of tlie motives in which the institution origin ated, he became sensible that it might produce political evils, whicli the warmth of those motives had disguised. But whether so or not, the fact that a majority of the people were opposed to it, was a sufficient motive with him, for desiring its immediate suppression. The first annual meeting was to be held in May ensuing, at Phil- adelphia ; it was now at hand ; and he went to it with the deter- mination to exert all his influence for its annihilation. He propos- f d the matter to his fellow officers, and urged it with all his powers. ' It met witli an opposition,' says Mr. Jetferson, ' which was ob- served to cloud his face with an anxiety, that the most distressful scenes of the war had scarcely ever produced. The question of dissolution was canvassed for several days, and, at length, the or- der was on the point of receiving its annihilation, by the vote of a great majority of its members. At this moment, their envoy arriv- ed from France, charged with letters from the French officers^ accepting cordially the proposed badges of fellowship, with solicita- tions from others to be received into the order, and the recognition of their magnanimous sovereign. The prospect was now changed. The question assumed a new form. After an offer made by themselves, and accepted by their friends, im what words could they clothe a proposition to retract it, which would not covei- them- selves with the reproaches of levity and ingratitude ? which would not appear an insult to those whom they loved ? They found it necessary, therefore, to preserve so much of the institution, as would support the foreign branch ; but they obliterated every feature v.'hich was calculated to give offence to their own citizens ; thus sacrificing, on each hand, to their brave allies, and to their country.' The society was to retain its existence, its name, and its chari- table funds; these last, however, w^ere to be deposited with their respective Legislatures. The order w^as to be no longer hereditary ; and it was to be communicated to no new members. The general meetings, instead of annual, were to be triennial only. The eagle and ril)bon, indeed, were retained ; because they were willing they should be worn by their friends in a country where they would not be objects of offence ; but themselves never wore them. " They laid them up in their bureaus, with the medals of American Inde- OF THOMAS JEFFERSON". 239 pendence, with those of the trophies they had taken, and the battle:^* they had won." On the 7th of May, Congress resolved that a Minister Plenipo- tentiary should be appointed, in addition to Dr. Franklin and Mr. Adams, already in Europe, for negotiating treaties of commerce will i foreign nations ; and Mr. Jefferson was unanimously elected. Tlie charge confided to this distinguished Legation, comprehend- ed the origination and management of all our Foreign Relations ; the adjustment of which, upon a firm and equitable basis, was evi- dently an undertaking of uncommon magnitude, difficulty and deli- cacy. We had now become an independent nation, and, as such; it was incumbent upon us to assert, v/ith dignity, all those rights of fellowship with other nations, to which our separate and equal sta- tion gave us an equal title ; and to receive, with suitable acknowl- edgements, as many favors, as any of them were disposed to grant, it was the great object of Congress, in the appointment of these Ambassadors, to get our commerce established with every nation, on a footing as favorable as that of any other government ; and, for this purpose, they were directed to propose to each nation a dis- tinct treaty of commerce. The acceptance, too, of such treaties, would amount to an acknowledgement, by each, of our independ- ence, and of our reception into the fraternity of nations ; "which," says Mr. Jefferson, "although as possessing our station of right, and in fact, we would not condescend to ask, v.^e were not unwilling to furnish opportunities for receiving their friendly salutations and wel- come." With France, the United Netherlands and Sweden, the United States already had commercial treaties ; but commissions were given for those countries also, should any amendments be thought necessary. The other Powers, to which treaties were to be proposed, were England, Hamburg, Saxony, Prussia, Denmark, Russia, Austria, Venice, Rome, Naples, Tuscany, Sardinia, Genoa, Spain, Portugal, the Porte, Algiers, Tripoh, Tunis, and Morocco. 2-40 LIFE, WRITINGS, AND OPINIONS CHAPTER IX. Mr. Jefferson accepted the honorable commission of Ambassa- dor, and bid a final adieu to Congress, on the 11th of May, '84, instead of returning to Monticello, the scene of his recent and dis- tressing bereavement, he went directly to Philadelphia, took with him his eldest daughter, then in that city, and proceeded thence to Boston, in quest of a passage. This was the only occasion ou which Mr. Jefferson ever visited New England ; and while pursu- ing his journey, he made a point of stopping at the principal towns on the seaboard, to inform himself of the state of commerce in each State. With the same view, he extended his route into New Hamp- shire, and returned to Boston. He sailed thence, on the 5th of July, in the merchant ship Ceres, bound to Cowes, wdiere he arrived, after a pleasant voyage, on the 26th. He was detained there a few days, by the indisposition of his daughter, embarked for Havre ou the 30th, and arrived at Paris on the 6th of August. He called immediately on Dr. Franklin, at Passy, communicated to him their charge and instructions ; and they wrote to Mr. Adams, then at the Hague, to join thein at Paris. The instructions given by Congress to the first Plenipotentiaries of Independent America, were a novelty in the history of interna- tional transactions ; and much curiosity was manifested by the di- plomatic corps of Euiope, resident at the court of Versailles, to know the author of them. These instructions contemplated the introduc- tion of numerous and fundamental reformations in the reciprocal relations of neutrals and belligerents, which, had the propositions of our Ministers been embraced by the principal powers of Europe, would have effected a series of the most substantial and desirable improvements in the international code of mankind. The princi- pal reformations intended, w^ere, a provision exempting from cap- ture, by the public ot private armed ships of either belligerent, when at war, all merchant vessels and their cargoes, employed merely in carrying on the commerce between nations — or, in other words, the abolition of privateering; a provision against the molestation of OF THOMAS JEFFERSOX. 241 iisliermeu, husbandmen, citizens unarnied. and following their oc- cuj)ations in unfortified places : for the humane treatment of prison- ers of war ; for the abolition of contraband ©f war, which exposes merchant vessels to such ruinous detentions and abuses ; and for the recognition of the principle of " free bottoms, free goods." Such were the distinguishing features of these unique in^^truc- lions ; and the interesting question of their authorship has never been settled until since the publication of Mr. Jefierson's Private Correspondence. In a letter of his, written but a short time l^efore his death, to John Q,. Adams, then President of the United States, the whole histoi'y of the transaction is conciseh' stated, in ansv.'cr to a special and friendly enquiry on the subject. With a modesty only equalled by his uniform silence theretofore, upon the point, he ascribes to Dr. Franklin, the merit of having suggested the princi- pal innovations, meditated by these instructions. " I am thankful for the very interesting message and documents of which you liave been so kind as to send me a copy, and will state my recollections as to the particular passage of the message to which you ask my attention. On the conclusion of peace. Con- gress, sensible of their right to assume independence, v.'ould not condescend to as!c its acknowledgment from other nations, yet were willing, by some of the ordinary international transactions, to receive what would inijily that acknowledgement. They appointed commissioners, therefore, to propose treaties of commerce to the principal nations of Europe. I was then a member of Congress, was of the committee appointed to prepare instructions for the com- missioners, vras, as you suppose, the drauglitsman of those actually agreed to, and was joined with your father and Doctor Franklin, to carry them into execution. But the stipulations making part of these instructions, which respected privateering, l)lockades, contra- band, and freedom of the fisheries, were not original conceptions of mine. They had before been suggested ])y Doctor Franklin, in some of his papers in possession of the public, and had, I think, been recommended in some letter of his to Congress. I happen only to have been the inserter of them in the first pul)lic act which gave the formal sanction of a public authority." * * Agreeably to their request, Mr. Adams soon joined his colleagues of the Legation, at Paris ; and their first employment was, to pre- pare a general form of treaty, based upon the broad principles of their instructions, to be proposed to each nation, without discrimina- tion, but without ixrging it upon any. In the conference with the Count de Vergennes, with whose nation the United States already 242 LIFE, WRITINGS, AND OPINIONS had a treaty, it was mutually agreed to leave to legislative regula- tion, on both sides, such moditications of our commercial intercourse as would voluntarily flow from amicable dispositions. They next sounded the Ministers of the several European nations, assembled at the court of Versailles, on the dispositions of their respective gov- ernments towards mutual commerce, and the expediency of encour- aging it by the protection of a treaty. The final success of theii' propositions to the various Powers, during a twelve month term of joint diplomatic attendance in Europe, is very pleasantly and com- prehensively stated by Mr. Jefferson himself. ''Old Frederick, of Prussia, met us cordially, and without hesita- tion, and, appointing the Baron de Thulemeyer, his minister at the Hague, to negotiate with us, we communicated to him our ProjeL which, with little alteration by the King, was soon concluded. Denmark and Tuscany entered also into negotiations v/ith us. Other Powers appearing indifierent, we did not think it proper to j>ress them. They seemed, in fact, to know little about us, but as rebels, who had been successful in throwing ofl' the yoke of the mother country. They were ignorant of our commerce, which had been always monopolized by England, and of the exchange of ar- ticles it might offer advantageously to both parties. They were inclined, therefore, to stand aloof, until they could see better what relations might be usefully instituted with us. The negotiations, therefore, begun with Denmark and Tuscany, Ave ])rotracted de- signedly, until our powers had expired ; and abstained from making new propositions to others having no colonies ; because our com- merce being an exchange of raw for wrought materials, is a com- jKJtent price for admission into the colonies of those possessing them ; but were we to give it, without price, to others, all would claim it, without price, on the ground of g-entis amicisswia." Such was the insufferable affectation of reserve and hauteur, with which the Ambassadors of independent America were treated, by the sapient representatives of the governments of the ancient world. How ridiculous must their short sighted diplomacy appear, at the present day, in the face of all Europe ! It is true, the Uni- ted States had just emerged fiom a subordinate condition ; but a little knowledge of the situation and resources, the people, and in- stitutions of America, would have apprised them of the rank she was destined to hold in the scale of empire, and of the nature of these. relations which it was their interest to have estabhshed with lier. By assuming an air of coyness and indifference, they proba- bly imagined they could inveigle our Ministers into terms more ad- OF THOMAS JEFFERSON. 243 vautageous to themselves, than they were in the habit of instituting with the old countries, and more experienced agents. But they were met by the untutored negotiators of republican America, with an equal indifference, as just and honorable as theirs was falla- cious and disreputable, springing as it did, from a sense of the real value of our commerce, and a determination not to exchange it, in any case, without an adequate equivalent. As soon as they became sensible, therefore, that they could do nothing with the greater Powers, who alone could offer a competent exchange for our com- merce, they prudently resolved not to hamper our country with en- gagements to those of less significance ; and accordingly suffered their commission to expire without closing any other negotiation than that with the King of Prussia. Thus, through the stupidity and avarice of European govern- ments, was lost to the world, a precious opportunity of reforming fundamentally its international code, by the introduction of those wise and beneficent principles, which emanated from the mind of a Jefferson and a Franklin, and which have been the admiration ol all nations, in all succeeding times.* " Had these governments," says Mr. Jefferson, " been then apprised of the 'station we should so soon occupy among nations, all, I believe, would have met us promptly and with frankness. These principles would then have been established with all, and from being the conventional law with us alone, would have slid into their engagements with one another, and become general. They have not yet got into written history ; but their adoption by our southern brethren, will bring them into observance, and make them, what they should be, a part of the law of the world, and of the reformation of principles for which they they will be indebted to us." On the 10th of March, 1785, Mr. Jefferson received the unan- imous appointment of Minister Plerjipotentiary at the Court of * In allusion to these new principles of international policy, the Edinburgh Review, whose high toryism on all points, makes it the best witness in the case, is constrained to make a respectable acknowledgment. In an article of the July No. 1830, reviewing Jefferson's Works, it says : — " The foreign policy of the United States is to us a point of more immediate, as, indeed, it some day must become a point of incalculable importance. It in- volves bold innovations on the principles and practice of the Law of Nations, as hitherto understood and established. Some of these innovations appear to be improvements for the interest of humanity ; others, to be only cncroach- jnents and pretexts for the interest of America." 244 LIFE, WRITINGS, AND OPINIONS France, as successor to Dr. Franklin, who had obtained leave to return to America. He was re-elected to the same dignified sta- tion in October, ^S7, on the expiration of his first term, and contin- ued to represent the United States at that polite Court, until Octo- ber, 1789, when he was permitted to return to his native country. Mr. Adams was about the same time appointed Minister Plenipo- tentiary to England, and left Paris for London, in June, '85. Mr. Jefi'erson accepted the appointment, with a native diffidence, heightened by a sense of the extraordinary merits of his predecessor, and of the exalted estimation in Avliich they had established him with the French nation. In his letter of acceptance, to John Jay, Secretary of Foreign Affairs, he conveys his acknovvdedgements, in the following terms. '' I beg permission through you, Sir, to testify to Congress my gratitude for this new mark of their favor, and my assurances of endeavoring to merit it by a faithful attention to the discharge of the duties annexed to it. Fervent zeal is all which I can be sure of carrying into your service ; and where I fail through a want of those powers which nature and circumstances deny me, I shall rely on their indulgence, and much also on that candor with which your goodness will present my proceedings to their eye. The kind terms in which you are pleased to notify this honor to me, require my sincere thanks." Mr. Jefferson's reception at the splendid Court of Versailles, ^s res- ident Ambassador of America, and his introduction into the brilliant circles of Paris, were of the most flattering character. At first, he was universally pointed to, and appreciated only, as the successor of the admired, the beloved, the venerated Frankhn ; but in a short time, his own estimable qualities became known, and established him in the affections of the nation, with a firmness and fervor, which rivaled the reputation of his predecessor. He was every where, and on all occasions, greeted with a welcome, which har- monized nobly with the trite pre-eminence of that generous people, in all the social dispositions of the heart, and with their cordial attach- ments, in particular, to the freemen and freedom of the United States. With a mind constituted, as was Mr. Jefferson's, so much in unison with the sensibility, frankness and enthusiasm of the French character, it is not wonderful, that the attentions which were showered upon him, the science of their literary men, the warmth of their general philanthropy, and the devoteduess of their OP THOMAS JEFFERSON. 245 delect friendships, made an impression upon hini, which he caniec!, ill all its freshness, to his grave. On the retirement of Dr. Franklin from the diplomatic field, the duties of the joint commission for forming commercial treaties in Europe, devolved on Mr. Jefferson and Mr. Adams; and their sep- iiiate location, added to their insuperable repugnance to pressing the subject upon the European governments, had almost extinguished tile idea of further operations. But in February, 1 786, Mr. Jeffer- son received, by express, a letter from his colleague irt London, urg- ing his immediate attendance at that Court, stating as a reason, that lie tliought he discovered there some symptoms of a more favorable disposition towards the United States. Col. Smith, his Secretary of Legation, was the bearer of Mr. Adams' urgencies. Accordingly, Mr. Jefferson left Paris, on the 1st of March, for the purpose of co-oper- ating with Mr. Adams in a second attempt to negotiate a treaty of commerce with Great Britain. On his arrival in London, the two Ministers joined, and agreed on a very summary and liberal form of treaty to be offered, proposing, in direct terms, a mutual exchange of citizenship, of ships, and of productions generally. The reader will be amused with Mr. Jefferson's account of the magnanimous reception of their proposition, and of the final result of his trip to the dignified Court of St. James ! I " On my presentation, as usual, to the King and Queen, at their ■levees, it was impossible for any thing to be more ungracious, than their notice of Mr. Adams and myself. I saw, at once, that the ulcerations of mind in that quarter, left nothing to be expected on the subject of my attendance ; and, on the first conference with the Marquis of Caermarthen, the Minister for foreign affairs, the dis- tance and disinclination which he betrayed in his conversation, the vagueness and evasions of his answers to us, confirmed me in the behef of their aversion to have any thing to do with us. We de- Uvered him, however, our Projet, Mr. Adams not despairing as much as I did, of its effect. We afterwards, by one or more notes, requested his appointment of an interview and conference, which, without directly decUning, he evaded, by pretence of other pressing occupations for the moment. After staying there seven weeks, till within a few days of the expiration of our commission, I informed the Minister, by note, thatiny duties at Paris required my return to that place, and that I should, with pleasure, be the bearer of any commands to his Ambassador theie. He answered, that he had none, and wishing me a pleasant journey, I left London the 26thj and arrived at Paris the 30th of April." 22 246 LIFE, WRITINGS, AND OPINIONS Mr, Jefferson's duties, while Minister Plenipotentiary at Paris, were principally confined to the subject of our commercial relations with that country ; in which he effected many important modifica- tions, highly advantageous to the United States. He succeeded in procuring the receipt of our whale oils, salted fish, and salted meats, on favorable terms ; the admission of our rice on equal terms with that of Piedmont, Egypt, and the Levant ; a suppression of the duties on our wheat. Hour, furs, &c. ; the suppression of the mo- nopoly for making and selling»spermaceti candles ; the naturaliza- tion of our ships ; a mitigation of the monopoly of our tobacco trade by the farmers-general of France; a reduction of the du- ties on our tar, pitch, and turpentine ; and the free admission of our productions generally, into their West India islands. In exchange, the United States received, by direct trade, the wines, brandies, oils, and productions and manufactures generally, of France, These objects were not accomplished, however, without a series of difficult and laborious negotiations, aided by the mutual good temper and dispositions of both parties, and by the mediation of a powerful auxiliary and friend at that Court, whose arduous and disinterested services in the cause of America, can never be forgotten. " On these occasions," says he, " I was powerfully aided by all the influence and the energies of the Marquis de La Fayette, who proved himself equally zealous for the friendship and welfare of both nations ; and,, in justice, I must also say, that I found the govern- ment entirely disposed to befriend us on all occasions, and to yield us every indulgence, not absolutely injurious to themselves. T^ie Count de Vergennes had the reputation with the diplomatic corps, of being wary and slippery in his diplomatic intercourse ; and so he might be, with those whom he knew to be slippery, and double faced themselves. As he saw that I had no indirect views, practic- ed no subtleties, meddled in no intrigues, pursued no concealed ob- ject, I found him as frank, as honorable, as easy of access to reason, as any man with whom 1 had ever done business ; and I must say the same for his successor, Montmorin, one of the most honest and worthy of human beings." Our commerce in the Mediterranean having, at this time, lieen suddenly placed under alaim, by the captme of two of our vessels and crews, by the Barbary cruisers, Mr. Jefferson projected a coali- tion of the principal European Powers, subject to their habitual depredations, to compel the piratical States to perpetual peace, and to guaranty that peace to each other. He was early and resolutely OF THOMAS JEFFERSON. 24T determined, so far as his opinions could have weight, that the Uni- ted States should nevei; acquiesce in " the European humiliation," as he termed it, ^r'pfiirchasing their peace of those lawless pirates. '• Millions forfaefence, but not a cent for tribute," was his celebra- ted motto. The following is a statement of his reasons for this dig- nified and energetic policy, addressed to Mr. Adams, soon after re- turning to Paris, with a view to obtain his concurrence in the prop- osition. '' 1. Justice is in favor of this opinion. 2. Honor favors it. 3. It will procure us respect in Europe ; and respect is a safeguard to interest. 4. It will arm the federal head, with the safest of all the instruments of coercion over its delinquent members, and prevent it from using what would be less safe. I think, that so far you go with me. But in the next steps we shall differ. 5. I think it least expensive. 6. Equally effectual. I ask a fleet of one hundred and fifty guns, the one half of which shall be in constant cruise. This fleet, built, manned, and victualled for six months, will cost four iumdred and fifty thousand pounds sterling. Its aimual expense will be three hundred pounds sterling a gun, including every thing : this will be forty-five thousand pounds sterling a year. I take British experience for the basis of my calculation : though we know, from our own experience, that we can do in this way for pounds lawful, what costs them pounds sterling. Were we to charge all this to the Algerine war, it would amount to little more than we must pay if we buy peace. But as it is proper and neces- sary, that we should establish a small marine force, (even were we to buy a peace from the Algerines) and as that force, laid vip in our dock -yard, would cost half as much annually as if kept in or- der for service, we have a right to say, that only twenty two thou- sand and five hundred pounds sterling, per annum, should be charged to the Algerine war. 7. It will be as effectual. To all the- mismanagements of Spain and Portugal, urged to show that war against those people is ineffectual, I urge a single fact to prove the contrary, where there is any management. About forty years ago^ the Algerines having broke their treaty with France, this court sent Monsieur de Massiac, with one large and two small frigates : he blockaded the harbor of Algiers three months, and they subscrib- ed to the terms he proposed. If it be adiiiitted, however, that war, on the fairest prospects, is still exposed to uncertainties, I weigh against this the greater uncertainty of the duration of a peace bought with money, from such a people, from a Dey eighty years old, and by a nation who, on the hypothesis of buying peace, is to have no power on the sea to enforce an observance of it, " So far I have gone on the supposition, that the whole weight of this war would rest on us. But 1, Naples will join us. The 248 LtFE, WRITINGS, AND OPINIONS character of their naval minister (Acton), his known sentiments with respect to the peace Spain is officially trying to make foe them, and his dispositions against the Algerines, give the best grounds to believe it. 2. Every principle of reason assures us, that Portugal will join us, I state this as taking for granted, what all seem to believe, that they will not be at peace with Algiers. I suppose, then, that a convention might be formed between Por- tugal, Naples, and the United States, by which the burden of the war might be quotaed on them, according to their respective wealth : and the term of it should be, when Algiers should subscribe to a peace with all three ou equal terms. This might be left open for other nations to accede to ; and many, if not most of the powers of Europe (except France, England, Holland, and Spain, if her peace be made) would sooner or later enter into the confederacy, for the sake of having their peace with the piratical States guarantied by the whole. I suppose, that, in this case, our proportion of force would not be the half of what I first calculated on." Presuming on Mr. Adams' concurrence, and without waiting his answer, Mr. Jefferson immediately draughted and proposed to the diplomatic corps at Paris, for consultation with their respective gov- ernments, articles of special confederation against the Barbary Pow- ers, iu the following terms ; "Proposals for concerted operation among the powers at v/ar v/ith the piratical States of Barbary. 1. It is proposed, that the several powers at war Avitli the pirati- cal States of Barbary, or any two or more of them, who shall be willing, shall enter into a convention to carry on their operations against those States, in concert, beginning with the Algerines. 2. This convention shall remain open to any other power, avIio shall, at any hiture time, wish to accede to it : the parties reserving the right to prescribe the conditions of such accession, according (o the circumstances existing at the time it shall be proposed. 3. The object of the convention shall be to compel the piratical States to perpetual peace, without price, and to guaranty that peace to each other. 4. The operations for obtaining this peace, shall be constant cruis es on their coast, with a naval force now to be agreed on^ It is not proposed, that this force shall be so considerable, as to be incon- venient to any party. It is believed, that half a dozen frigates, with as many tenders or xebecs, one half of which shall be in cruise, while the other half is at rest, will suffice. 5. T'he force agreed to be necessary, shall he furnished by the parties, in certain quotas, now to be fixed ; it being expected, that each will be willing to contribute, in such proportion as circum- stances mav render reasonable. OF THOMAS JEFFERSON. 249 6. As miscarriages often proceed iioin the want of harmony among officers of different nations, the parties shall now consider and decide, whether it will not be better to contribute their quotas in money, to be employed in titling out and keeping on duty a single fleet of the force agreed on. 7. The difficulties and delays, too^ which will attend the man- agement of these operations, if coaducted by the parties themselves separately, distant as their courts may be from, one another, and incapable of meeting in consultation, suggest a question, whether it will not be better for them to give full powers, for that purpo&e,. to their Ambassadors, or other Ministers resident at some one court of Europe, who shall form a Conunittee, or Council, for carrying this convention into effect ; wherein, the vote of each member sliail be computed in proportion to the quota of his sovereign, and the majority so computed, shall prevail in aU questions within the view of this convention. The court of Versailles is proposed, on account of its neighborhood to the Mediterranean, and because ali, those powers are represented there, who are likely to become par- ties to this Convention. 8. To save to that Council the embarrassment of personal soli- citations for office, and to assure the parties, that their contributions ^v\\l be applied solely to the object for which they are destined, there shall be no establishment of officers for the said Council, such as Commissioners, Secretaries, or any other kind, with either salaries or perquisites,, nor any other lucrative appointments,* but such. whose functions are to be exercised on board the said vessels, 9. Should war arise between any two of the parties to this con- vention, it shall not extend to this enterprise, nor interrupt it ; but as to this, they shall be reputed at peace. • 10. When Algiers shall be reduced to peace, the other piratical States, if they refuse to discontinue tlieir piracies, shall become the objects of this convention, either successively or to.o"ether, as shall seem best. 11. Where this convention would interfere with treaties actually existing between any of the parties and the States of Barbary, the treaty shall prevail, and such party shall be allowed to withdraw from the operations against that State." The proposals were received with applause by Port'jgal, Naples, the two Sicilies, Venice, Malta, Demark, and Sweden. Spain had just concluded a treaty with Algiers, at the expense of three mill- ions of dollars, and was indisposed to rehnquish the benefit of Iier engagement, until a first infraction by the other party, when she was ready to join. Mr. Jeflferson had previously sounded the dis- positions of the Count de Vergennes ; and although France was at peace, by a mercenarv tenure, with the Barbary States, and fears 22 " 250 LIFE, WRITINGS, AND OPINIONS weie entertained, that she would secretly give them her aid, he did not think it proper, in his conference with that Minister, to insinu- ate a doubt of the fair conduct of his government ; but on stating to him the proposition, he mentioned that apprehensions were felt, that England would mterfere in behalf of the piratical Powers. ' She dares not do it,' was his reply. Mr. Jefferson pressed the point no further. The other Ministers were satisfied with this indication of the sentiments of France, and nothing was now wanting to bring the measure into direct consideration, but the assent of the United States, and their authority to make the formal stipulation. Mr. Jefferson communicated to Congress the favorable prospect of protectmg their commerce from the Barbary depredations, and for such a term of time, as by an exclusion of them from the 'sea. would change their characters, from a predatory to an agricultural people ; towards which, however, should the measure be approved, it was expected they would contribute a frigate, and its expenses, for constant cruise. But the United States were in no condition to unite in such an undertaking. The powers of Congress over the people for obtaining contributions, being merely recommenda- tory, and openly disregarded by the States, they declined entering into an eilgagement, which they were conscious they could not ful- fil vv'ith punctuality. The association, consequently, fell through : but the principle has ever since governed in the American councils, and its first recommendation by Mr: Jefferson, on the present occa- sion, may be regarded as the germ of the American Navy ! This point will receive a furtlier illustration in the sequel. The remaining public objects of importance, w^hich engaged \\\fi attention, were : 1st, The settlement of our financial concerns with cur bankers in France and Holland, which were in a most critical and embarrassing state. Owing to the partial suspension in the action of our govermiient, while passing from the Confederation to the Constitutional form, the credit of the nation stood, at one time, on the vei^e of bankruptcy. Seeing there was not a mo- ment to loose, Mr. Jefferson went directly to Holland, joined Mr. Adams at the Hague, where, without instructions, and at their own risk, they executed bonds for a million of florins, and placed the 1 credit of the United States in security, for three years to come : by which time they thought the new government would get fairly under way. 2d, The conclusion of a Consular convention witU OF THOMAS JEFFERSON, 251 France, based upon republican principles. 3d, The restoration of cettain prizes taken from the British during the war, recaptured bv Denmark, and delivered up to the British. He instituted meas- ures to recover indemnification from Denmark ; but the negotia- tion, by imavoidable circumstances, was spun out beyond the term of his ministry. 4th, The redemption of American citizens taken captive by the Algerines ; and the formation of treaties with the Barbary States. The inability of the United States to supply him with the necessary funds, prevented the redemption of the Algerine captives, until after his return from France ; and the only treaty which he sticceeded in concluding with the Barbary States, was that with the government of Morocco. It will be ahke curious and interesting to the American reader, to know how the general appearance of things in Europe, struck the republican mind of Mr. Jefferson. His private letters, while hi Paris, addressed to his friends in America, comprise the most nerv- ous, and in some respects, the most valuable portions of his volu- minous correspondence. His bold and picturesque views of the state of society and manners in Europe, his fervid and graphic com- parisons of its governments, laws and institutions, with those of re- publicanized America, and his cogent and unremitting exhortations to his countrymen, to preserve themselves, and the blessings they enjoy, free from contamination from the people and principles of the old world, are among the most valuable and interesting legacies which he has bequeathed to his country. We shall be excused for indulging in copious selections from his correspondence, during this various and widely instructive interval of his public life. To Mr. Monroe. — "I sincerely wish you may find it convenient to come here ; the pleasure of the trip will be less than you expect,, but the utility greater. It will make you adore your own countrvr its soil, its chmate, its equality, liberty, laws, people and manners. My God ! how httle do my countiymen know what precious bless- ings they are in possession of, and Avhich no other people on earth enjoy. I confess I had no idea of it myself While we shall see multiplied instances of Europeans going to live in America, I will venture to say no man now living, will ever see an instance of an American removing to settle in Europe, and continuing there. Come then and see the proofs of this, and on your return, add your testimony to that of every thinking American, in order to satisfy our countrymen how much it is their interest to preserve, uninfect- 252 LIFE, WRITINGS. AND OPINIONS ed by contagion, those peculiarities in their governments and man- ners, to which they are indebted for those blessings."' To Mr. Bellini. — "Behold me at length on the vaunted scene of Europe ! It is not necessary for your information, that I should enter into details concerning it. But you are, perhaps, curious to know how this new scene has struck a savage of the movmtains of America. Not aclvanlageou-^ly, I assure you. I find the general iate of humanity here most deplorable. The truth of Voltaire's ob- servation oli'ers itself perpetually, that every man here must be ei- ther the hammer or the anvil. It is a true picture of that country tu which they say we shall pass hereafter, and where we are to see God and his angels in splendor, and crowds of the damned trampled under their feet. While the great mass of the people are thus sufier- ing under physical and moral oppression, I have endeavored to ex- amine more nearly the condition of the great, to appreciate the true value of the circumstances in their situation which dazzle the bulk of spectators, and, especially, to compare it with that degree of hap- piness which is enjoyed in America hj cvcvy class of people. In- trigues of love occupy the younger, and those of ambition the eldei part of the great. Conjugal love having no existence among them, domestic happiness, of which that is the basis, is utterly unknown. In lieu of this, are substituted pursuits which nourish and invigorate all our bad passions, and which offer only moments of ecstacy, amidst days and months of restlessness and torment. Much, very much inferior, this, to the tranquil, permanent felicity, with which domes- 1 ic society in America blesses most of its inhabitants ; leaving them to follow steadily those pursuits which health and reason approve, and rendering truly dehcious the intervals of those pursuits. '•In science, the mass of the people is two centuries behind ours ; their literati, half a dozen years before us. Books, really good, ac (juire just reputation in that time, and so become known to us, and communicate to us all their advances in knowledge. Is not this tielay compensated, by our being placed out of the reach of that swarm of nonsensical publications, which issues daily from a thou- sand presses, and perishes almost in issuing ? AVith respect to what are termed polite manners, without sacrificing too much the sinceri- ty of language, I would wish ray countrymen/^to adopt just so much of European politeness, as to be ready to make all those little sacri- fices of self, which really render European manners amiable, and relieve society from the disagreeAble scenes to which rudeness often subjects it. Here, it seems that a man might pass a life without en- countering a single rudeness. In the pleasures of the table they are far before us,^ because with good taste they unite temperance. They do not terminate the most sociable meals by transforming themselves into brutes. I have never yet seen a man drunk in France, even among the lowest of the people. Were I to proceed OF THOMAS JEFFERSON. 253 to tell you how much I enjoy their architecture, sculpture, painting-, jnusic, I should want words. It is in these arts they shine. The last of them, particularly, is an enjoyment, the deprivation of which with us cannot be calculated. I am almost ready to say, it is the only thing which from my heart I envy them, and which, in spite of all the authority of the ]3ecalogue, I do covet. But 1 am running on in an estimate of things infinitely better known to you than to me, and which will only serve to convince you, that I have brought with me all the prejudices of country, habit, and age."' To J. Bannister, Jr. — " But why send an American youth {(» Europe for education l What are the objects of an useful Ameri- can education ? Classical knowledge, modern languages, chietiv French, Spanish and Itahan ; Matiiematics, Natural Philosopli}-. Natural History, Civil History, and Ethics. In Natural Pliilosophv. I mean to include Chemistry and Agriculture, and in Natural His- tory, to include Botany, as well as the other branches of those de- partments. It is true, that the habit of speaking the modern lan- guages cannot be so well acquired iii America ; but every other ar- ticle can be as well acquired at William and Mary College, as at any place in Europe. When college education is done with, and a young man is to prepare himself for public life, he must cast his eyes (for America) either on Law or Physic. For the former, where can he apply so advantageously as to Mr. Wythe? For the latter, lie must come to Europe : the medical class of students, therefore, is the only one which need come to Europe. Let us vioAv the dis- advantages of sending a youtli to Europe. To enumerate them all, would require a volume. I will select a few. If he goes to England, he learns drinking, horse racing, and boxing. These ' are the peculiarities of English education. The follovring circum- stances are common to education in that, and the otJier countries of Europe. He acfjiures a fondness for European luxury and dissi- pation, and a contempt for the simplicity of his own country ; he is fascinated with the privileges of the European aristocrats, and sees, vrith abhorrence, the lovely equality v.diich the poor enjoy with the rich in his own country ; h(j cantracts a partiality for aristocra- cy or monarchy ; he forjns foreign friendships which vrili never he useful to him. and loses the season of life for forming in his own country those friendships, Vihich, of all othei's, are the most faithful and permanent; he is led by the strongesi. of all the human pas- sions into a spirit for female intrigue, destructive of his own aJid oth- ers' happiness, or a passion for harlots, destructive of his health, and in both cases, learns to consider fidelity to the marriage bed as an ungentlemanly practice, and inconsistent with happiness ; he recol- lects the voluptuary dress and arts of the EuroiDean woj^ien, and pities aird despises the chaste affections and simplicity of (hose of his own country ; he retains, through hfe. a fond recollection, and 254 LIFE, WRITINGS, AND OPINIONS a hankering" after those places, which were the scenes of his first pleasures and of his first connections; he returns to his own country a foreigner, unacquainted witli the practices of domestic economy necessary to preserve liim from ruin, speaking and writing his na- tive tongue as a foreigner, and therefore unqualiiied to obtain those distinctions, which eloquence of the pen and tongue ensures in a free country ; for J would observe to you, that what is called -style in writing or speaking, is formed very early in hfe, while the imagina- tion is warm, and impressions are permanent. I ani of opinion, that there never was an instance of a man's writing or speaking his na- tive tongue with elegance, who passed from fifteen to twenty years of age out of the country where it was spoken. Thus, no instance exists of a person's writing two languages perfectly. That will al- ways appear to be his native language, which was most fomiliar to him in his youth. It appears to me then, that an American com- ing to Europe for education, loses in his knowledge, in his morals, in his health, in his habits, and in his happiness. I had entertained only doubts on this head, before I came to Europe : what I see and hear, since I came here, proves more than I had even suspected. Cast your eye over America : who are the men of most learning, of most eloquence, most beloved by their countrymen, and most trusted and promoted by them ? They are those who have been educated among them, and whose manners, morals, and habits, are perfectly homogeneous with those of the country." To Mrs. Bingham. — " I know. Madam, that the twelve-montlt is not yet expired ; but it will be, nearly, before this will have the honor of being put into your hands. You are then engaged to tell me, truly and honestly, whether you do not find the trancjuil pleas- ures of America, preferable to the empty bustle of Paris. For to what does that bustle tend? At eleven o'clock, it is day, chez madamc, the curtains are drawn. Propped on bolsters and pil- lows, and her head scratched into a little order, the bulletins of the sick are read, and the billets of the well. She writes to some of her acquaintance, and receives the visits of others. If the morning is not very thronged, she is able to get out and hobble round the cage of the Palais Royal ; but she must hobble quickly, for the coiffeur's turn is come ; and a tremendous turn it is ! Happy, if he does not make her arrive when dinner is half over ! The torpitude of diges- tion a little passed, she flutters half an hour through the streets, by way of paying visits, and then to the spectacles. These finished, another half hour is devoted to dodging in and out of the doors of hei' very sincere friends, and away to supper. After supper, cards ; and after cards, bed : to rise at noon the next day, and to tread, like a mill-horse, the same trodden circle over again. Thus the days of life are consumed, one by one, without an object beyond the present moment ; ever flying from the ennid of that, yet carrying it with OF THOMAS JEFFERSON. 255 US ; eternally in pursuit of happiness, which keeps eternally before tis. If death or bankruptcy happen to trip us out of the circle, it is matter for the buzz of the evening, and is completely forgotten by the next morning. In America, on the other hand, the society of your husband, the fond cares for the children, the arrangements of the house, the improvements of the^^roiinds, fill every moment with a lieaTtKy and iisehJiTlictivity. Every exertion is encouraging, be- cause to present amusement it joins the promise of some future good. The intervals of leisure are filled by the society of real friends, whose affections are not thinned to cob-web, by being spread over a thousand objects. This is the picture, in the light it is presented to my mind ; now let me have it in yours. If we do not concur this year, we shall the next ; or if not then, in a year or two more. You see I am determined not to suppose myself mistaken." It was during Mr. Jefferson's residence in France, that the gov- ernment of the United States underwent the crisis of transition " from its chrysalid to its organic form," to use one of his own hap- py metaphors ; and in the course of this final and interesting meta- morphosis, opinions were gradually evolved, which were fundamen- tally dissonant in character, and which ultimately divided the na- tion into two distinct and perpetual parties. -Soon after the restora lion of peace, the incompetency of the Confederation to sustain the republican structure, was so alarmingly felt, that reasonable minds gave way, even of those who had been most ardent in its establish- ment ; and they apostatized, in numbers, to the principles of mon- archical government, as the only refuge of political safety. The causes of this deflection in political opinion, are inherent, more or less, in the constitution of man ; but powerful external rea- sons co-operated, at this period, to stimulate and force it on. The people had come out of the war of the Revolution, oppressed with an overwhelming indebtedness. They were oppressed with the debts of the Union, with the debts of the individual States, and with their own private debts ; and they were utterly incapacitated from dis- charging either, for the best of all causes, the want of pecuniary means. The inability of Congress, from the want of coercive pow- ers, to cancel the public obligations, destroyed the public credit] and the application of judgment and execution, in the case of private debts, drove the delinquent to prison, and destroyed the confidence between man and man. The interruption of their commerce with Great Britain, and the deficiency, as yet, of other markets for their productions, operated with peculiar severity upon the Eastern States; 256 LIFE, WRITINGS, AND OPINIONS and the neglect of a suitable relaxation of the judiciary arm, in those governments, brought on disastrous consequences. Under the pres- sure of the general distress, the popular discontent broke out into acts of violence, and liagrant insubordination. Tumultuary meet- ings were held in New-Hampshire and Connecticut ; and in Massa- chusetts a formidable insurrection arose, which menaced the very foundations of the government. These disturbances and commotions occasioned a general alarm throughout the Union. They excited a sensible distrust of the principles of our government, among its most sanguine votaries ; while, with its enemies, the intelligence of such occurrences was greeted with exultation, as affording a happy augury of the down- fall of the Republic. Now it was, that those comforting ideas of pubhc virtue, on which the beautiful edifice of Liberty was erected, began to be scouted as fallacious, chimerical. The people were discredited, feared ; and terror was to be fixed in their hearts, and in the mechanism of their government, as the only competent mo- tive of restraint, and engine of subordination. Mr. Jefferson was distant from his beloved country, at this dis- heartening juncture ; but his beneficent eye watched over her, and the voice of his counsels was heard and felt. His confidence in the soundness of the republican theory, underwent no change from those occasional eccentricities in practice, which are inseparable from all human establishments, and which were chargeable, in the present case, to the pressure of the times, and the debilities of their first written essay, rather than to any inherent princi- ple of disorganization. His reliance upon the good sense of the people to rectify abuses in a proper manner, was so strong, that he deemed an occasional rebellion a desirable event, inasmuch as it afforded the best evidence, that this sense was active and vigorous ; to enlighten it, then, was the only thing necessary to ensure a fa- vorable result. Indeed,, his conviction of the capacity of mankind to govern themselves, was confirmed by the inteUigence of these irregular proofs of their dissatisfaction under the present circum- stances ; and he took care to impress his opinions upon his numer- ous correspondents in America, on every occasion, and in the most emphatic terms. An insight into his private correspondence, at this period, will afford a sublime entertainment to the lovers of human nature, and human rights. OF THOMAS JEFFERSON. 257 To Col. E. Carrington. — ^" I am persuaded myself, that the good sense of the people will always be found to be the best army. They may be led astray for a moment, but will soon correct them- selves. The people are the only censors of their governors ; and even their errors will tend to keep these to the true principles of their institution. To punish these errors too severely, would be to sup- press the only safeguard of the public liberty. The way to prevent these irregular interpositions of the people, is to give them full infor- mation of their affairs, through the channel of the public papers, and to contrive that those papers should penetrate the whole mass of the people. The basis of our governments being the opinion of the people, the very first object should be to keep that right ; and Avere it left to me to decide, whether we should have a government with- out newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter. But I should mean, that every man should receive those papers, and be capable of reading them. I am convinced that those societies, (as the Indians) which live without government, enjoy in their general mass an infinitely greater degree of happiness, than those who live under the Euro- pean governments. Among the former, public opinion is in the place of law, and restrains morals as powerfully as laws ever did any where. Among the latter, under pretence of governing, they have divided their nation into two classes, wolves and sheep. I do not exaggei'ate. This is the true picture of Europe. Cherish, there- fore, the spirit of our people, and keep alive their attention. Do not be too severe upon their errors, but reclaim them by enlightening them. If once they become inattentive to the public affairs, you, and I, and Congress, and Assemblies, Judges and Governors, shall all become wolves. It seems to be the law of our general nature, in spite of individual exceptions : and experience declares, that man is the only animal which devours his own kind ; for I can apply no milder term to the governments of Europe, and to the general prey of the rich on the poor." To James Madison. — "I am impatient to learn your sentiments on the late troubles in the Eastern States. So far as I have yet seen, they do not appear to threaten serious consequences. Those States have suffered by the stoppage of the channels of their com- merce, which have not yet found other issues. This must render money scarce, and make the people uneasy. This uneasiness has produced acts aljsolutely unjustifiable : but I hope they will provoke no severities from their governments. A consciousness of those in power, that their administration of the public affairs has been honest, may, perhaps, produce too great a degree of indignation : and those characters wherein fear predominates over hope, may apprehend too much from these instances of irregularity. They may conclude too iiastiiy, that nature has formed man insusceptible of any other gov- 23 258 LIFE, WRITINGS, AND OPINIONS eminent than that of force, a conclusion not founded in truth nor experience. Societies exist under three forms, sufficiently distin- guishable. 1. Without government, as among our Indians. 2. Under governments, wherein the will of every one has a just influ- ence ; as is the case in England, in a slight degree, and in our States, in a great one. 3. Under governments of force; as is the case ill all other monarchies, and in most of the other republics. To have an idea of the curse of existence under these last, they must be seen. It is a government of wolves over sheep. It is a prol^lem, not clear in my mind, that the first condition is not the best. But I believe it to be inconsistent with any great degree of population. The second state has a great deal of good in it. The mass of mankind under that enjoys a precious degree of liberty and happiness. It has its evils too : the principal of which is the turbu- lence to which it is subject. But weigh this against the oppressions of monarchy, and it becomes nothing. Malo periculosaju liber- fMtem quani quietam serviiutem. Even this evil is productive of good. It prevents the degeneracy of government, and nourishes a general attention to the public affairs. I hold it, that a little rebellion now and then is a good thing, and as necessary in the political world, as storms in the physical. Unsuccessful rebellions, indeed, gener- ally establish the encroachments on the rights of the people, which have produced them. An observation of this truth should render honest republican governors so mild in their punishment of rebell- ions, as not to discourage them too much. It is a medicine necessa- ry for the sound health of government." To David Hartley, of England. — " The most interesting intel- ligence from America, is that respecting the late insurrection in Mas- sachusetts. The cause of this has not been developed to me to my perfect satisfaction. The most probable is, that those individuals were of the imprudent number of those who have involved them- selves in debt beyond their abilities to pay, and that a vigorous effort in that government to compel the payment of private debts, and raise money for public ones, produced the resistance. I believe you may be assured, that an idea or desire of returning to any thing like their ancient government, never entered into their heads. I am not discouraged by this. For thus I calculate. An insurrec- tion in one of thirteen States, in the course of eleven years that they have subsisted, amounts to one in any particular State, in one hun- dred and forty-three years, say a century and a half This would not be near as many as have happened in every other government that has ever existed. So that we shall have the difference between a light and a heavy government as clear gain. I have no fear, but that the result of our experiment will be, that men may be trusted to govern themselves without a master. Could the contrary of this be proved, I should conclude, either that there is no God, ov that he is a malevolent being. OF I'HOMAS JEiFFERSOK. 259 To Col. Smith. — " Wonderful is the effect of impudent and per- 5-eveiing lying. The British ministry have so long hired their gaz- etteers to lepeat, and model into every form, lies about our being in anarchy, that the world has at length believed them, the English nation has believed them, the ministers themselves have come to believe them, and what is more wonderful, we have believed them ourselves. Yet where does this anarchy exist ? Where did it ever exist, except in the single instance of Massachusetts J And can his- tory produce an instance of rebellion so honorably conducted ? I say nothing of its motives. They were founded in ignorance, not wickedness. God forbid, we should ever be twenty years without such a rebellion. The people cannot be all, and always, well in- formed. The part which is wrong will be discontented, in propor tion to the importance of the facts they misconceive. If they re- main quiet under such misconceptions, it is a lethargy, the forerun- ner of death to the public liberty. We have had thirteen States in- dependent for eleven years. There has been one rebellion. That comes to one rebellion in a century and a half for each State. WKa,f. ouuiitry oelore ever exisied a i^cntuij and a half without a rebellion ? And what country can preserve its liberties, if its rulers are not warned from time to time, that the people preserve the spir- it of resistance ? Let them take arms. The remedy is to set them right as to facts, pardon, and pacify them. What signify a few lives lost in a century or two ? The tree of hberty must be refresh- ed from time to time with the blood of patriots and tyrants. It is its natural manure." Such is a specimen of the current of sound philosophy, which Mr. Jefferson poured into the breasts of the public characters of Ameri- ca, at this important juncture. His opinions were received with veneration by all those with whom he had acted on the theatre of the Revolution ; and his earnest and unremitting counsels had a powerfid influence in checking the anti-republican tendencies, which had already risen up. In a short time, the deluge of evils which overflowed the country, was traced to its original source ; and no sooner was the happy discovery made, than the virtue and good sense of the people, in verification of his repeated auguries, nobly interposed, and, instead of seeking relief in rebellion and civil war, assembled their wise men together to apply a rational and peacea- ble remedy. The first grand movement towards re-organizing the government of the United States, upon the admirable basis of the present Con- stitution, was made in the General Assembly of Virginia, on motion of Mr. Madison. The proposition contemplated an amendment of 260 Life, xv-Ri-TiNGs, and oPmroNsr the Confederation, which should confer on Congress tlie absolute and excUisive power over the regulation of commerce ; and result- ed in the convocation of a Convention for that pilrpose, to meet at Annapolis, in September, 1786. The commercial Convention fail- ed in point of representation ; but it laid the foundation for the call of a grand National Convention, with powers to revise the entire system of government, to meet at Philadelphia the ensuing year. The opinions of Mr. Jefferson had an undoubted influence in tire origination of these important proceedings in America. In all his despatches to the government, and in his private letters to the leading political men, he had reiterated the necessity of fundamen- tal reformations in the federal compact. The defect which he most deplored in the existing system, was the absence of a unifornr pow- er to regulate our commercial intercourse with foreign nations. This disability was the incessant theme of his complaints. It M'aw the primary source, he deoiciicU, of ihoHe Irregularities ana i-u^^nr va3s^lents, which continually obstructed his negotiations with the European nations. Those Powers who were disposed to treat, would never do it, so long as the government had no authority to cover them, by treaty, from the liavigation acts of the particular .States, and those who were indisposed, at present, would forever re- main so for the same reason ; whilst all would exercise the right to retaliate on the Union, the restrictions imposed on their commerce by the laws of any one individual State. He maintained a constant correspondence on these points with Washington, Wythe, Monroe, Langdon, Gerry, and particularly his friend and protege, Mad- ison, with whom his wishes were laws, and his opinions, oracles. The intelhgence of the first movements in America, towards a re- formation of the national compact, filled him with the liveliest grat- ification, as evmced by his letters of that date. A single specimen will sutiice to show the general tenor of his correspondence on this subject. To James Madison. — " I have heard, with great pleasure, that our Assembly have come to the resolution, of giving the regulation of their commerce to the federal head. I will venture to assert, that there is not one of its opposersj who, placed on this giound, would not see the wisdom of the measure. The politics of Europe render it indispensably necessary, tliat, with respect to every thing external, we be one nation only, firmly hooped together. Interior govern- ment is what each State should keep to itself. If it were seen iu OF THOMAS JEFFRSON". 261 Europe, that all our States could be brought to concur in what the Virginia Assembly has done, it would produce a total revolution in their opinion of us, and respect for us. And it should ever be held in mind, that insult and war are the consequences of a want of res- pectability in the national character. As long as the States exer- cise, separately, those acts of power which respect foreign nations, so long will there continue to be irregularities committed by some one or other of them, which will constantly keep us on an ill foot- ing with foreign nations." The National Convention, appointed to digest a new Constitution of government, assembled at Philadelphia, on the 25th of May, 1787. Delegates attended from all the States, except Rhode-Isl- and, who refused to appoint. George Washington was unanimous- ly chosen to preside over their deliberations. They sat with clos- ed doors, and passed an injunction of entire secrecy on their pro- ceedings. This was an erroneous beginning, in the opinion of Mr. Jefferson, who viewed every encroachment upon the freedom of speech with extreme jealousy. " I am sorry," he writes to Mr. Ad- ams, "they began their deliberations by so abominable a precedent, as that of tying up the tongues of their members. Nothing can jus- tify this example, but the innocence of their intentions, and ignor- ance ^of the value of public discussions. I have no doubt that all their other measures will be good and wise. It is really an assem- bly of demi-gods." During the deliberations and discussions of this august and ven-* erable body, those feaiful anti-republican heresies, which had sprung up during the short interval of peace, developed themselves in a more tangible and decided form. Various propositions were sub- mitted, some of which were dangerous approximations to monarchy. One of these, proposed by Alexander Hamilton, w^as izi fact a com- promise between the two principles of royalism and republicanism. According to this plan, the Executive and one branch of the Legis- lature, were to continue in office during good behavior ; and the Governors of the States were to be named by these two permanent organs. The proposition, however, was rejected ; upon which Mr. Hamilton left the Convention, and never returned again until near its conclusion. Although a stranger to these transactions, Mr. Jefferson could not contemplate the idea of such a convention without great anxiety, 23* 262 LIFE, WRITINGS, AND OPII- --7- r>v *— ,.„.--, he will pretend false votes, loui piay, hold possession 01 the reins of government, be supported by the States voting for him, especial- ly if they be the central ones, lying in a compact body themselves, and separating their opponents ; and they will be aided by one nation in Europe, while the majority are aided by another. The election of a President of America, some years hence, will be much more interesting to certain nations of Europe, than ever the elec- tion of a king of Poland was. Reflect on all the instances in his- tory, ancient and modern, of elective monarchies, and say, if they do not give foundation for my fears : the Roman Emperors, the Popes while they were of any importance, the German Emp'nor? till they became hereditary in practice, the kings of Poland, the Deys of the Ottoman dependencies. It may be said, that if elec- tions are to be attended with these disorders, the less frequently they are repeated the better. But experience says, that to free them from disorder, they must be rendered less interesting by a necessity of change. No foreign power, nor domestic party, will wa-ste their blood and money to elect a person, who must go out at the end of a short period. The power of removing every fourth year by the vote of the people, is a power which they will not ex- ercise, and if they were dis|X)sed to exercise it, they would not be permitted. The King of Poland is removable every day by the diet. But they never remove him. Nor Avould Russia, the Em- peror, &c. permit them to do it. Smaller objections are, the ap- peals on matters of fact as well as law ; and the binding all per- sons, legislative, executive and judiciary, by oath, to maintain that constitution. I do not pretend to decide, what would be the best method of procuring the establishment of tlie manifold good thing* OP THOMAS JEFFERSON. 267 ill this constitution, and of getting rid of the bad. Whether by adopting it, in hopes of future amendment ; or, after it shall have been duly weighed and canvassed by the people, after seeing the parts they generally disUke. and those they generally approve, to say to them, ' We see now what you wish. You are willing to give to your federal government such and such powers : Ijut you wish, at the same time, to have such and such fundamental rights secured to you, and certain sources of convulsion taken away. Be it so. Send together your deputies again. Let them establish your fundamental rights by a sacrosanct declaration, and let them pass the parts of the constitution you have approved. These will give powers to your federal government sufficient for your happi- ness.' " This is what might be said, and would probably produce a speedy, more perfect, and more permanent form of government. At all events, 1 hope you will not be discouraged from making other tiials, if the present one should fail. We are never permit- ted to despair of the commonwealth. I have thus told you freely what I like, and what I dislike, merely as a matter of curiosity ; for I know it is not in my power to offer matter of information to your judgment, which has been formed after hearing and weighing every thing which the wisdom of man could offer on these sub- jects. I own, I am not a friend to a very energetic government It is always oppressive. * * * j^f^gj- ^U, it is my principle that the will of the majorify should prevail. If they approve the proposed constitution in all its parts, I shall concur in it cheerfully, in hopes they will amend it, whenever they shall find it works wrong. This reliance cainot deceive us, as long as we remain virtuous ; and I think we shall be so, as long as agriculture is our principal object, which will be the case, while there remain vacant lands in any part of America. When we get piled upon one an- other in large cities, as in Europe, we shall become corrupt as in Europe, and go to eating cne another as they do there." With the mass of good which it contained, Mr. Jefferson found, on a careful scrutiny, such a mixture of evil in the new Constitu- tion, that he was in doubt what course to recommend his country- men. How the good should be secured, and the ill avoided, was the great question, and presented great difficulties. To refer it back to a new Convention, might jeopardize the whole, which was utterly inadmissible. His first advice, therefore, was that the nine States first acting upon it, should accept unconditionally, and thus secure whatever in it was wise and beneficial ; and that the four States last acting, should accept only on the previous condition, that certaui amendments should be made. But he afterwards re- 268 LIFE, WRITINGS, AND OPINIONS commended the more prudent course of unconditional acceptance by■^the whole, with a concomitant declaration, that it should stand as a perpetual instruction to their respective delegates, to endeavor to obtain such and such reformations. And this was the course finally adopted by a majority of the States. Much as has been said and written of Mr. Jeflerson's hostility to the Federal Constitution, there was not a person in America, who set a more solid value on it, even in its original form ; nor one who was impressed with more rational anxieties for its adoption. To estimate the force of his convictions upon this point, and the cogen- cy of his endeavors to instil the same convictions into his country- men, it is only necessary to consult the pages of his private corres- pondence. Adoring republicanism, hating monarchy, he discrim- inated, with the heart of a true American, and with the sagacity of a profound statesman, between those features of the instrument which were congenial, and those which were hostile, to the princi- ples of his political idolatry. While he gave all his soul to the pres- ervation of the former, he deprecated, v»'ith equal sincerity, any ad- mixture of the latter, neither approving nor condemning in the mass. He was, therefore, neither a fec'eralist nor an anti-federalist, as the advocates and opponents of the Constitution were distin- guished. He was a fearless and independent asserter of his opin- ions on questions of national concernmsnt, the most profound and interesting that had ever been submittel to the deliberation of the American people ; and he had the happ'ness to see those opinions, on almost every point, very soon adopted by the nation, and incor- porated into its frame of government, by special amendatory acts. A few passages from his correspondence will evince his anxiety for the fate of the Constitution, and his perseverance in the endeavor to obtain the amendments which he deemed so essential. To William Carmichael. — "The conduct of Massachusetts has been noble. She accepted the Constitution, but voted that it should stand as a perpetual instruction to her Delegates, to endeav- or to obtain such and such reformations ; and the minority, though very strong both in numbers and abilities, declared viritim and ser- iatim, that acknowledging the principle that the majority must give the law, they would now support the new Constitution with their tongues, and with their blood, if necessary. I was much pleased with many and essential parts of this instiiunent, from the begin- iiing. But I thought I saw in it many faults^ gieat and small. OP THOMAS JEFFERSON. 2()1> AYliat I have read and reflected, has brought me over from several of my objections, of the first moment, and to acquiesce under some others. Two only remain, of essential consideration, to wit. tlie want of a bill of rights, and the expunging the principle of necessa- ry rotation in the offices of President and Senator. '' * If the States which were to decide after her, should all do the same, it is im- possible but they must obtain the essential amendments. It will be more difficult, if \xe lose this instrument, to recover Avhat is good in it, than to correct what is bad, after we shall have adopted it. It has, therefore, my hearty prayers, and I wait with anxiety for news of the votes of Maryland, South Carolina, and Virginia." To E. RuTLEDGE. — "I cougmtulate you on the accession of your State to the new federal constitution. This is the last I have yet heard of, but I expect daily to hear that my own has followed 'the good example, and suppose it is already estabhshed. Our gov- ernment wanted bracing. Still we must take care not to rvm from one extreme to another ; not to l^race too high. I own, I join those in opinion, who think a bill of rights necessary. I apprehend too. that the total abandonment of the principle of rotation in the offices of President and Senator, Avill end in abuse. But my confidence is, that there will, for a long time, be virtue and good sense enough in our countrymen, to correct abuses. We can surely boast of hav- ing set the world a beautiful example of a government reformed bv reason alone, without bloodshed. But the world is too far oppressed to profit by the example. On this side of the Atlantic, the blood of the people has become an inheritance, and those who fatten on it, will not relinquish it easily." To James Madison.^ — -"I sincerely rejoice at the iicceptance of our new constitution by nine States. It is a good canvass, on which some strokes only want retouching. What these are, I think are sufficiently manifested by the general voice from north to south, which calls for a bill of rights. It seems pretty generally under- stood, that this should go to juries, habeas corpus, standing ar- mies, printing, rehgion, and monopolies. I conceive there may lie difficulty in finding general modifications of these, suited to the habits of all the States. But if such cannot be foimd, then it is better to establish trials by jury, the right of habeas corpus, free- dom of the press, and freedom of religion, in all cases, and to abol- ish standing armies in time of peace, and monopolies in all cases, than not to do it in any. The few cases wherein these things may do evil, cannot be weighed against the raultitude, wherein the want of them will do evil." To G. Washington. — "I have seen, with infinite pleasure, our new constitution accepted by eleven States, not rejected by the twelfth • and that the thirteenth happens to be a State of the least U 270 LIFE, WRITINGS, AND OPINIONS importance. It is true, that the minorities in most of the accepting States have been very respectable ; so much so, as to render it pru- dent, were it not otherwise reasonable, to make some sacrifice to them. I am in hopes, that the annexation of a bill of rights to the constitution will alone draw over so great a proportion of the minor- ities, as to leave little danger in the opposition of the residue ; and that this annexation may be made by Congress and the Assemblies, without calling a convention, which might endanger the most val- uable parts of the system." To F. HoPKiNsoN. — " You say that I have been dished up to you as an anti-federalist, and ask me if it be just. My opinion was never worthy enough of notice, to merit citing ; but since you ask it, I will tell it to 5^ou. I am not a federalist, because I never sub- mitted the whole system of my opinions to the creed of any party of men whatever, in religion, in philosophy, in politics, or in any thing else, where I was capable of thinking for myself. Such an addiction is the last degradation of a free and moral agent. If I could not go to heaven but with a party, I would not go there at all. Therefore, I protest to you, I am not of the party of federalists. But I am much farther from that of the anti-federalists. I approv- ed, from the first moment, of the great mass of what is in the new constitution ; the consolidation of the government ; the organiza- tion into executive, legislative, and judiciary; the subdivisions of the legislative ; the happy compromise of interests between thfe great and little States, by the different manner of voting in the dif- ferent Houses ; the voting by persons instead of States ; the quali- fied negative on laws given to the executive, which, however, I should have hked better if associated with the judiciary also, as in INew-York ; and the power of taxation. * * * '• These, my dear friend, are my sentiments, by which you will see I was right in saying, I am neither federalist nor anti-federalist ; that I am of neither party, nor yet a trimmer between parties. These, my opinions, I wrote, within a few hours after I had read the constitution, to one or two friends in America. I had not then read one single word printed on the subject. I never had an opin- ion in politics or religion, which I was afraid to own. A costive re- serve on these subjects might have procured me more esteem from some people, but less from myself. My great w ish is, to go on in a strict, but silent performance of my duty : to avoid attracting notice, and to keep my name out of newspapers, because I find the pain of a little censure, even when it is unfounded, is more acute than the pleasure of much praise." To Col. Humphreys. — " The operations which have taken place in America lately, fill me with pleasure. In the first place, they realize the confidence I had, that, whenever our aflfairs go ob- viously wrong, the good sense of the people will interpose, and set OP THOMAS JEFFERSON". 271 them to lights. The example of changing a constitution, by as- sembhng the wise men of the State, instead of assembhng armies, will be worth as much to the world as the former examples we bad given thorn. The constitution, too, which was the result of our de- liberations, is unquestionably the wisest ever yet presented to man^ and some of the accommodations of interest which it has adopted, are greatly pleasing to me, who have before had occasions of seeing how ditHcult those interests were to accommodate. A general con- currence of opinion seems to authorize us to say it has some defects. I am one of those who think it a defect, that the iinportant rights, not placed in security by the frame of the constitution itself, were not explicitly secured by a supplementary declaration. There are rights which it is useless to surrender to the governinent, and which governments have yet always been fond to invade. These are the rights of thinking, and pubhshing our thoughts by speaking or writing ; the right of free commerce ; the right of personal freedom. There are instruments for administering the government so pecu- liarly trust-worthy, that w^e should never leave the legislature at liberty to change them. The new constitution has secured these in the executive aud legislative departments ; but not in the judiciary. Jt should have established trials by the people themselves, that is to say, by jury. There are instruments so dangerous to the rights of the nation, and which place them so totally ^i (lie mviC}' ui tl.oir governors, that those governors, whether legislative or executive, should be restrained from keeping such instruments on foot, but in well defined cases. Such an instrument is a standing army. We are now allowed to say, such a declaration of rights, as a supple- ment to the constitution, where that is silent, is wanting, to secure us in these points. The general voice has legitimated this objec- tion. It has not, however, authorized me to consider as a real de- fect, what I thought, and still think one, the perpetual re-eligibility of the President. But three States out of eleven having declared against this, we must suppose we are wrong, according to the fun- damental law of every society, the le.v majoi-is jjartis, to which we are bound to submit. And should the inajority change their opin- ion, and become sensible that this trait in their constitution is wrong, I would wish it to remain uncorrected, as long as we can avail our- selves of the services of our great leader, whose talents and whose weight of character, I consider as peculiarly necessary to get the gov- ernment so under way, as that it may afterwards be carried on by subordinate characters." The ardor and perseverance of ]Mr. Jefferson in the effort to ob- tain a supplementary Bill of Rights to the Constitution, Avere soon crowned with success. At the session of 1789, Mr. Madison sub- mitted to Congress a series of amendments, which, with various propositions on the same subject from other States, were referred '>7'i LIFE, WRITINGS, AND OPINIONS to a committee of one from each State in the Union. The result was the annexation, in due form, of the ten original amendments to our Federal Constitution. So great was the influence of Mr. Jellerson in forwarding this measure, though absent during the whole time, that he is universally regarded as the father of these amendments. They embraced the principal objections urged by him, without going far enough to satisfy him entirely. By them, the freedom of religion, of speech, and of the press, the right of the people to deliberate and petition for redress of grievances, the right of keeping and bearing arms, of the trial by jury in civil as well as criminal cases, the exemption from general warrants, and from the quartering of soldiers in private dwellings, were pronounced irrevo- cable and intangible by the government ; and the powers not dele- gated by the Constitution, nor prohibited by it to the States, were declared to be reserved to the States or to the people. But the right of habeas corpus was still left to the discretion of Congress ; mo- nopolies were not positively guarded against ; and standing armies in time of peace were not prohibited. His objections, also, against the perpetual re-etigibility of the President, although backed by the recommendation of three States, were not sanctioned by Congres-s. His fears of that feature were founded on the importance of the of- lice, on the fierce contentions it might excite among ourselves, if continuable for life, and the dangers of interference, either with money or arms, by foreign nations, to whom the choice of an Amer- ican President might become interesting. Examples of this abounded in history ; in the case of the Roman Emperors, for in- stance ; of the Popes, while of any significance ; of the German Emperors ; the Kings of Poland, and the Deys of Barbary. But his apprehensions on this head gradually subsided, and finally l^ecame entirely removed, on witnessing the effect in practice. Alluding to his early opinions on this subject, he said in 1821 : " My wish was, that the President should be elected for seven years, and be ineligible afterwards. This term I thought suflicient to enable him, with the concurrence of the Legislature, to carry through and establish any system of improvement he should pro- pose for the general good. But the practice adopted, I think, is bet- ter, allowing his continuance for eight years, with a liability to be dropped at half way of the term, making that a period of prol>a- tion. * * * The exanrple of four Presidents, voluntarily retir- ing at the end of their eighth year, and the progress of public opin^ OF THOMAS JEFFERSON. 273 ioa, that the principle is sakitary, have given it in practice tlie force of precedent and usage ; insomuch, tliat should a President consent to be a candidate for a third election, I trust he would be rejected, on this demonstration of ambitious views." There was another question agitated in the Councils of the United States, during Mr. Jefferson's residence in France, which he viewed with as much concern as the adoption of the Constitu- tion. This was the proposition to abandon the navigation of the Mississippi to the King of Spain, lor the period of twenty-five or thirty years, as an equivalent for a treaty of commerce with that nation. John Jay, Secretary of foreign affairs, who had been au- thorized to institute a negotiation with the Spanish government, laid the proposition before Congress, as a secret. The whole atfair was veiled in midnight darkness, and so continued until the year 1818, when a resolution was passed authorizing the pubhcation of the secret journals of the old Congress. The proposition of Mr, Jay created an angiy excitement in Con- gress. The scheme was resisted, with greath warmtli, by tlie States of Virginia, North Carolina, South Carolina, Maryland and Georgia, on the following grounds : 1. It would dismember the Union. 2. It would violate the compact of the national govern- ment with those States, who had surrendered to it their western lands. 3, It would check the growth of the western country by depriving the inhabitants of a natural outlet for their productions. 4. It would depreciate the value of the western lands, and sink proportionally a valuable fund for the payment of the national debt. 5. It would be such a sacrifice for particular purposes, as would be obvious to the most undiscerning. The proposition was sustained by all the New England States, wuth New York, New Jersey, and Pennsylvania. These States moved in solid phalanx, and in mysterious silence, against every attempt to defeat, alter, or amend the proposed terms of negotiation. The opposition were in despair, when it occurred to them, that as the assent of nine States was necessary by the Confederation to form treaties, the instructions given to Mr. Jay were unconstitution- al, inasmuch as seven States only had voted them. A resolution was, therefore, introduced declaring the original vote which had been taken, incompetent to confer treaty making powers. But the resolution was negatived by the same States, in the same mysteri- 24* 274 LIFE, WRITINGS, AND OPINIONS ous silence. A resolution was tlien ofl'ered, to remove the injunc- tion of secrecy, whicii shared the same fate. Finally, after a heat- ed and protracted altercation, the minority succeeded so far as to obtain the authority to treat for an entrepot at New Orleans, and for the navigation of the Mississippi in common with Spain, down to the Florid as. A hint of these transactions having reached the ears of Mr. Jef- ferson, in Paris, he was exercised with the greatest inquietude and alarm. He considered the abandonment of the navigation of the Mississippi, as, ipso facto, a dismemberment of the Union ; and he improved every occasion, in his letters to America, to impress on the leading members of the government, the ungrateful character and suicidal tendency of the measure. A single specimen, found in a letter to Mr. Madison, dated January 30, '87, will suffice to display the general tenor of an active and extensive correspondence, for several months, on this vitally interesting question. " If these transactions [insurrections] give me no uneasiness, I feel very dilTerently at another piece of intelligence, to wit, the possibility that, the navigation of the Mississippi may be abandoned to Spain. I never had any interest westward of the Allegany ; and I never will have any. But I have had great opportunities of knowing the character of the people who inhaljit that country ; and I will venture to say, that the act which abandons the naviga- tion of the Mississippi, is an act of separation between the eastern and western country. It is a relinquishment of five parts out of eight of the territory of the United States ; an abandoment of the fairest subject for the payment of our public debts, and the chaining those debts on our own necks, in 2)erpetuum. I have the utmost confidence in the honest intentions of those who concur in this measure ; but I lament their want of acquaintance with the char- acter and physical advantages of the people, who, right or wrong, will suppose their interests sacrificed on this occasion to the con- trary interests of that part of the confederacy in possession of pres- ent power. If they declare themselves a separate people, we are incapable of a single effort to retain them. Our citizens can never be induced, either as militia or as soldiers, to go there to cut the throats of their own brothers and sons, or rather, to be themselves* the subjects, instead of the perpetrators, of the parricide. Nor would that country quit the cost of being retained against the will of its inhabitants, could it he done. But it cannot be done. They are able already to rescue the navigation of the Mississippi out of the hands of Spain, and to add New Orleans to their own territory. They will be joined Ijy the inliabitants of Louisiana. This will OF THOMAS JEFFERSON. 275 bring on a vrar between them and Spain ; and that will produce the question with us, whether it will not be worth our while to become parties with them in the war, in order to re-unite them with us, and thus correct our error. And were I to permit ray forebodings to go one step further, I should predict, that the inhab- itants of tile United States would force their rulers to take the af- firmative of that question. I wish I may be mistaken in all these opinions." The right of the United States to the free navigation of the Mis- sissippi, in its whole extent, and the establishment of that right upon an immovable basis, was a subject which early engaged the attention of Mr. Jefterson. It was one of those enterprises of vast national utility, w4iich seemed to match his patriotism, and to sum- mon all his powers into action. He persevered in the effort, through a period of fifteen years, in dificrent public stations ; and his agen- cy in producing the final result, was scarcely less distinguished, though less direct and efficacious, than in accomplishing the splen- did achievement of the acquisition of Louisiana. The question was not definitively settled until 1803, when, being at the head of the nation, he appointed Mr. Monroe minister to Madrid, for the express purpose of concluding a final arrangement with that gov- ernment, covering all the points at issue growing out of the sub- ject. The mission was as honorable as it was successful. Mr. Jefferson's watchfulness over the interests of America, while in Europe, exceeds all calculation. Nothing escaped his notice, which he thought could be made useful in his own country. The southern States are indebted to him for the introduction of the cul- ture of upland rice. In 1790, he procured a cask of this species of rice, from the river Denbigh, in Africa, about latitude 9 deg. 30 min. north, which he sent to Charleston, in the hope that it would supersede the culture of the wet rice, which renders South Carolina and Georgia so pestilential through the summer. The quantity was divided at Charleston, and a part sent to Georgia, by his directions. The cultivation of this rice has now become gen- eral in the upper parts of Georgia and South Carohna, and is highly prized. It was supposed by Mr. Jefferson, that it might be grown successfully in Tennessee and Kentucky. He also endeav- oured to obtain the seed of the Cochin-China rice, for the purpose of introducing its cultivation in the same States ; but it does not appear whether he was successful or not. In the same spirit of 276 LIFE, WRITINGS, AND OPINIONS unremitting attention to the interests of his infant country, he traijs- mitted from Marseilles to Charleston, a great variety of olive plants, for experimenting their growth in South Carolina and Georgia. " The greatest service," says he, " which can be rendered any coun- try is, to add an useful plant to its culture ; especially a bread grain ; next in value to bread, is oil." These plants Avere tried, and are now flourishing at the south ; although not yet multiplied extensively, they will be the germ of that invaluable species of cul- tivation in those States. AH the powers of Mr. Jefferson seemed to kindle in the pursuit of multiplying objects of profitable agriculture in America, and of improving the husbandry of those already established as staples. With this patriotic view, he made a tour into the southern parts of France, and the northern of Italy, in which he passed three months, mingling private gratification with services of the highest public utility. His plan was to visit the ports along the Avestern and southern coast of France, particularly Marseilles, Bordeaux, Nantes, and L'Orient, to obtain such information as would enable him to judge of the practicability of making further improvements in our commerce with the southern provinces of Fiance ; to visit the ca- nal of Languedoc, and possess himself of such information in that species of navigation, as might be useful to communicate to his countrymen ; and thence to pass into the northern provinces of Italy, to examine minutely the different subjects of culture in those munificent regions, to ascertain what improvements might be made in America, in the culture and husbandry of rice and other staples common to both countries ; and, if any, what other productions of that climate, might be advantageously introduced, as articles of do- mestic grovv'th, into the southern States. Another object with him was, to try the mineral waters of Aix, in Provence, for a dislocated wrist, unsuccessfully set, in pursuance of the advice of his sur- geon. He left Paris, therefore, on the 28th of Febuary, '87, and pro- ceeded up the Seine, through Champagne and Burgundy, and down the Rhone through the Beaujolais, by Lyons, Avignon, Nis- mes, to Aix. Receiving, on trial, no benefit from the mineral wa- ters of that place, he bent his course into the rice countries of Italy, taking his route by Marseilles Toulon, Hieres, Nice, across the Col de Tende, by Coni, Turin, Vercelh, Novara, Milan, Pavia, Novd, OF THOMAS JEFFERSOX. 277 Genoa. Thence returning, he passed along the coast, by Savona, Noh, Albenga, Onegha, Monaco, Nice, Antibes, Frejus, Aix. Mar- seilles, Avignon, Nismes, Montpellier, Frontignan, Sette, Agde, and along the canal of Languedoc, by Beziers, Narhonne, Carcassonne, Castelnaudari, through the Son terrain of St. Feriol, and back by Castelnaudari, to Toulouse ; thence to Montauban, and down the Garonne by Langon, to Bordeaux. Thence to Rochelbrt, la Ro- chelle, Nantes, L'Orient ; then back by Rennes to Nantes, and up the Loire, by Angers, Tours, Amboise, Blois, to Orleans; thence direct to Paris, where he arriv^ed on the 10th of June, Soon after returning from this journey, he was joined by his younger daugh- ter, Maria, from Virginia, the youngest having died some time be- fore. Mr. Jefferson was impressed with delightful sensations in trav- ersing the luxurious provinces of iSouthern France, where the choicest blessings of heaven are spread in profusion before the eye; but his mind assumed a gloomy and contemplative mood, on visiting the storied grounds of Italy, where the richest munificence of nature is blasted by the hand of tyranny, and the ruins of clas- sic grandeur enhance the melancholy contrast, at every step. He travelled incognito, and insinuated himself into every position, from which he might derive a knowledge of the inhabitants, their manners, and modes of living, their implements of husbandry and dairy, their inventions and improvements in these arts, their farms, productions, their wants and superfluities, their means and degree of happiness, and causes of misery. The novelty and variety of the scenes through which he passed^ the multitude of curious and interesting objects which he encountered, presented a perpet- ual feast to his enquiring mind ; nor could they fail to impart the most desirable lessons to the philosophei-, the philanthropist, and the statesman of unvitiated principles. From Nice, under date of April 19th, he writes to the Marquis de La Fayette : " I am constantly roving about to see what I have never seen before, and shall never see again. In the great cities, I go to see w4iat travellers think alone worthy of being seen ; but I make a job of it, and generally gulp it all dow^n in a day. On the other hand, I am never satiated w ith rambling through the fields and farms, examining the culture and cultivators with a degree of curi- osity, which makes some take me to be a fool, and others to be much wiser than I am. * * * From the first olive fields of 278 LIFE, WRITINGS, ANO 3PINIOK3 Pierrelatte, to the orangeries of Hieves, has been continued rapture to me. I have often wished for you. I think you liave not made this journey. It is a pleasure you liave to come, and an improve- ment to be added to tlie many you have ah'eady made. It will be a great comfort to you. to know, from your own inspection, the c<)ndition of all the provinces of your own country, and it will be interesting to them at some future day, to be known to you. This is, periiaps, the only moment of your hfe, in which you can acquire tiiat knowledge. And to do it most efiectually, you must be abso- lutely i/icoQ'nito, you must ferret the people out of their hovels, as I have done, look into their kettles, eat their bread, loll on their beds under pretence of resting yourself, but in fact to find if they are soft. You will feel a sublime pleasure in the course of this in- vestigation, and a sublimer one hereafter, when you shall be able to apply your knowledge to the softening of their beds, or the throwing a morsel of meat into their kettle of vegetables." From Lyons to Nismes Mr. JefTerson was ' nourished with the remains of Roman grandeur.' He Avas immersed in antiquities from morning to night. He was transported back to the times of the Ca?sars, the intrigues of their courts, the oppressions of their praetors, and prefects. To him the city of Rome seemed actually existing in all the magnificence of its meridian glory ; and he was iiiled with alarm in momentaiy anticipation of the irruptions of the Goths, Visigoths, Ostrogoths, and Vandals. Under date of Nismes, he writes to the Countess de Tesse, in a mood, which illustrates the extravagance of his passion for ancient architecture : '■ Here I am. Madam, gazing whole hours at the Maison Quar- ree, like a lover at his mistress. The stocking-weavers and silk- spinners around it, consider me as a hypochondriac Englishman, about to write with a pistol the last chapter of his history. This is the second time I have been in love since I left Paris. The first was with a Diana at the Chateau de Lay-Epinaye in Beau- jolais, a delicious morsel of sculptiu'e. by M. A. Slodtz. This, you will say, wat> in rule, to fall in love with a female beauty : but with a house ! It is out of all precedent. No, Madam, it is not v.'itliout a precedent, in my own history. V/hile in Paris, I was violently smitten with the Hot(jl.de >Salm, and used to go to the Tuiicries, almost daily, to look at it. The loiieuse des chaises, inattentive to my passion, never had the complaisance to place a chair there, so that, sitting on the parapet, and twisting my neck roimd to see the object of my admiration. I generally left it with a torticollis.''^ Mr. Jefierson kept a diary of his excursion into Italy, in which he noted, with minuteness, every circumstance, which he thought OF THOMAS JEFFERSON. 279 might be made useful or insti-iictive to his countrymen. Of these notes, which covered about filly printed octavo pages, he made copies, on his return, and transmitted them.to General Washington and others in America, as containing hints capable of being im- proved in their minds to the benefit of the United States. Hip course of observations supplied him with materials for benefiting the commerce of the United States, in some essential particulars, ■for improving the quality in articles of staple growth, and increas- ing the subjects of cultivation, in some States. At Turin, Milan, and Genoa, he satisfied himself of the practicability of introducing our whale oil, for their consumption, and that of the other great cities of that country. The merchants with whom he asked conferences, met him freely, and communicated frankly ; but not being au- thorized to conclude a formal negotiation, he could only prepare a general disposition to receive our oil merchants. On the article of tobacco, he was more in the possession of his ground ; and put matters into a train for inducing their government to draw their tobacco directly from the United States, and not, as heretofore, from Great Britain. He procured the seeds of three diflferent species of ricCy from Piedmont, Lombardy, and the Levant, divided each quantity into three separate parcels, and forwarded them by as many dif- ferent conveyances, to Charleston, in order to ensure a safe arrival. He questioned the utility of engaging in the cultivation of the vine in the southern States, under the present circumstances of their population. Wines were so cheap in those countries, that a labor- er with us, employed in the culture of any other article, might ex- change it for wine, more and better than he could raise himself. It might, hereafter, become a profitable resource to us ; when the increase of population shall have increased our productions beyond the demand for them at home and abroad. Instead of augment- ing the useless surplus of them, the supernumerary hands might then be employed on the vine. The introduction of the fig, the mulberry, and the ohve, he strongly recommended to the cultiva- tors in the southern parts of the United States. With the olive tree, in particular, he was so smitten, that he declared it next to the most precious, if not the most precious of all the gifts of heav- en to man. He thought, perhaps, it might claim a preference even to bread, considering the infinitude of vegetables, to which it ren- dered a proper and comfortable nourishment. In a letter to Wil- 280 LIFE, WRITINGS, AND OPINIONS liam Drayton, piesident of the Agiicultuial Society in South Car- olina, written on his return from his excursion, he says : '• This is an article, the consumption of which will always keep pace with its production. Raise it ; and it begets its own demand. Little is carried to America, because Europe has it not to spare. We therefore have not learned the use of it. But cover the southern States with it, and every man will become a consumer of oil, with- in whose reach it can l)e brought, in point of price. If the mem- ory of those persons is held in great respect in South Carolina, who introduced there the culture of rice, a plant which sows life and death, with almost equal hand, what obligations would be due to him who should introduce the olive tree, and set the example of its culture ! Were the owner of slaves to view it only as the means of bettering their condition, how much would he better that, by planting one of those trees for every slave he possessed ! Having been myself an eye-witness to the blessings which this tree sheds on the poor, I never had my wishes so kindled for the introduction of any article of new culture into our own country. South Caro- lina and Georgia appear to me to be the States, wherein its success,- in favorable positions at least, could not be doubted, and I flattered myself, it would come within the views of the society for agricul- ture, to begin the experiments wdiich are to prove its practicability." As in commerce and agriculture, so in the manufacturing inter- est, Mr. Jefferson was indefatigable in endeavoring to benefit the rivalship of America with the Eastern continent. Of every new invention and discovery in the arts, he was prompt to communi- cate the earliest intelligence to Congress, or to individual artists and professors. Among these, the most remarkaljle were, the principle of stereotyping, which he communicated in 1786 ; and the mode of constructing muskets upon the plan of Mr. Whitney, of New- Ha- ven, which he communicated about the same time. It consisted in making all the parts of the musket so exactly alike, as that, mixed together promiscuously, any one part should serve equally for every musket in the magazine. Of those improvements which were claimed as original in Europe, but of which America was entitled to the merit of a prior discovery, his knowledge enabled him to de- tect the imposition, and his patriotism incited him to vindicate the honor of his own countrymen. This was in fact the case in sev- eral instances. In the sciences and the fine arts, Mr. Jefferson was equally assid- uous to advance the reputation of his rising country. His letters to President Stiles, to the president of William and Mary College^ to OF THOMAS JEFFERSON. 281 the president of Harvard Universit}^, to Rittenhouse, Charle? Thompson, and others, are splendid ilkistrations of his zeal and effi- ciency in these pursuits. As a mark of the high estimation in which his literary services in Europe, were held in this country, b.e received from Harvard University, in 1789, a diploma conferring on him the Do(Jtorate of Laws. In a letter to Dr. Willard, return- ing his acknowledgments for the honor, he thus concludes: '• It is for such institutions as that over which you preside so worthily, Sir, to do justice to oiu' country, its productions, and its genius. It is the work to which the young men, whom you are forming, should lay their hands. We have spent the prime of our lives in procuring them the precious blessing of liberty. Let them spend theirs in showing that it is the great parent of science and of virtue ; and that a nation will be great in both, always in proportion as it is free. NolDody wishes more warmly for the success of your good exhorta- tions on this subject, than he who has the honor to be, with senti- ments of great esteem and respect, Sir, your most obedient, humlile servant." Their advances in science, and in the arts of sculpture, painting and music, were the only things, he declared, for which he envied the people of France ; and for these he al)solutely did envy them. His passion for the few remains of ancient architecture which ex- isted, was unbounded ; and his efforts unremitting, for introducing samples of them in America, for the jDurpose of encouraging a style of architecture analogous to the Roman model. In June, 1785, he received a request from the Directors of the public buildings in Vir- ginia, to procure and transmit them plans for the capitol, palace. &c. He immediately engaged an architect of capital abilities, for this piupose, and directed him to take for his model the Maison Quarree of Nismes, which he considered 'the most precious and perfect morsel of antiquity in existence.' But what was hi&surprise and regret on learning, a short time after, that the buildings were actually begun, without waiting for the receipt of his plans. ' Pray try, he writes to Mr. Madison, if you can effect the stopping of this work. The loss is not to be weighed against the saving of money which will arise, against the comfort of laying out the public mon- ey for something honorable, the satisfaction of seeing an object and proof of national good taste, and the regret and mollification of erect- ing a monument of our barbarism, which will be loaded with exe- 25 282 LIFE, WRITINGS, AND OPINIONS orations as long as it shall endure. You see I am an enthusiast on the subject of the arts. But it is an enthusiasm of which I am not ashamed, as its-object is to improve the taste of my countrymen, to increase their reputation, to reconcile to tliem the respect of the world, and procure them its praise.' How thoroughly and wonderfully American was the heart of Mr. Jefferson. The specimens we have given exhil)it but a slender outline of a series of correspondence, public and private, comprising more than three hundred letters, chiefly to his friends in the United States, all breathing the same unslumlDcring devotion to the inter- ests of his country, in every imaginable department, from the most intricate points of abstract science, and the most momentous ques- tions of national policy, down to ingenious essays on the most sim- ple processes in agriculture and housewifery. He was, at the same time, in habits of correspondence with many distinguished charac- ters, literary and pohtical, in most of the nations of Europe. His philosophical reputation and powers established him in ready favor with the constellation of bold thinkers, which then illuminated France ; and much of his attention was necessarily, perhaps ad- vantageously, occupied in the metaphysical discussions of the day. He was on terms of intimacy with the Abbe Morellet, Condorcet, D'Alembert, Mirabeau, e tried, before we give up the republican form altogether ; for that mind must be really depraved, which would not prefer the equality of political rights, which is the foundation of pure republicanism, if it can Ije obtained consistently with order. Therefore, whoever by his wri- tings disturbs the present order of things, is really blameable, how- ever pure his intentions may be, and he was sure Mr. Adams' were pure.' This is the substance of a declaration made in much more lengthy terms, and which seemed to be more formal than usual for a private conversation between two, and as if intended to quaUfy some less guarded expressions which had been dropped on former occasions. Th. Jefferson has committed it to writing in the mo- ment of A. Hamilton's leaving the room." The Secretary of War, General Knox, w^as a gentleman of gi-eat military reputation, but wedded to the splendor, the pompous parade and ceremonies of royalty, to which he had been trained by mili- tary habit. He is understood to have proposed to General Wash- ington, to decide the question of a monarchical or a republican gov ■ crmnent, by his army, before its disbandment, and to assume himself the crown, on the assurance of their support. The indig-- uation with which the Commander in Chief rejected jhis liberticide- OP THOMAS JEFFERSON. 299 proposition, was equally worthy his virtue and wisdom. His next proposition was the establishment of an hereditary order, in the name of the Cincinnati, in which he succeeded. Such were the strong monarchical elements which entered into the composition of General Washington's cabinet. Against this weight of opinion, Mr. Jefferson constituted the great republican check, and the only one, except on some occasions of support from the Attorney General. What were the scenes of trial, of mortifi- cation, of anguish, and indignity, through which he was called to pass ? They have not yet fully penetrated the veil of secrecy ; nor is it probable history will ever be able to do justice to the political con- flicts of that day. The developments, however, which have been lately made, have thrown a flood of light upon them. They were conflicts of principle, between the advocates of republican, and those of kingly government, and had not the former, with their acknowl- edged leader, put forth the unmeasured and unceasing efforts which they did, our government would have been, at an early day, a very different thing from what the success of those efforts has made it. His first entrance upon the political stage, at New York, discov- ered to him a state of affairs which w41l appear almost incredible at the present day. " Here, certainly, I found a state of things which, of all I had ever contemplated, I the least expected. I had left France in the first year of her revolution, in the fervor of natural righls, and zeal for reformation. My conscientious devotion to these rights could not be heightened, but it had been aroused 'and excited by daily exercise. The President received me cordially, and my colleagues and the circle of principal citizens, apparantly Avith welcome. The courtesies of dinner parties given me, as a stranger newly arrived among them, placed me at once in their familiar society. But I cannot describe the wonder and mortification with which the table conversations filled me. Politics were the chief topic, and a pre- ference of kingly over republican government, was evidently the favorite sentiment. An apostate I could not be, nor yet a hypo- crite, and I found myself, for the most part, the only advocate on the republican side of the question, unless among the guests there chanced to be some member of that party from the legislative Houses. Hamilton's financial system had then passed. It had two objects ; 1, as a puzzle, to exclude popular understanding and inquiry ; 2, as a machine for the corruption of the legislature : for he avowed the opinion, that man could be governed by one of two motives only, force or interest :. force, he observed, in this country. 300 " LIFE, WRITINGS, AND OPINIONS M^as out of the question, and the interests, therefore, of the mem- bers must be laid hold of, to keep the let,nslature in unison with the executive. And with grief and shame it nuist be acknov/ledg- ed, that his machine was not without effect ; that even in this, the birth of our government, some members were found sordid enough to bend their duty to their interests, and to look after peisonal rather than public good." Hamilton's financial system, considered as a w^hole, comprehend- ed three great operations, which were carried through in the order in which they are mentioned. 1. The funding the debts of the Union, foreign and domestic, upon certain principles recommended by him. 2. The assumption, by the United States, of the debts of the several States, and the funding of these also, upon similar prin- ciples. 3d. The estabhshment of a National Bank. The first of these measures had passed when Mr. Jefferson arrived at the seat of government. Some acquaintance, however, with its general principles, and those of the financial system generally, is requisite to an intelhgible estimate of his opinions, and of the causes of op- position to the Hamiltonian administration. It is well known that during the war, the greatest difficulty we experienced, was the want of money or means to pay the soldiers who fought our battles, or the farmers, manufacturers, and mer- chants who furnished them the necessary supplies of food and clothing. After the expedient of paper money had exhausted it- self, certificates of debt were given to the individual creditors, with assurances of payment, so soon as the United States should be able. But the distresses of these people often obliged them to part with their certificates for the half, the fifth, and even the tenth of their value. This state of things produced a greedy and desolating career of speculation, all over the country ; and the speculators made a trade of cozening the public securities from the holders, by the most fraudulent practices and persuasions that they would nev- er be paid. But this species of gambling in the public paper, at the expense of the poor and honest creditors of the government, would have prevailed to a limited extent only, had not the government itself encouraged and sanctioned it by a deliberate act. It then became swindling on a large and legalized scale. In the bill for funding and paying the domestic debt, Hamilton made no distinc- tion between the original holders, and the fraudulent purchasers of the public securities. Great and just disapprobation arose at put- OF l-HOMAS JEFF^ERSON/ 301 ting these two classes of creditors on the same footing", and power- ful exertions were made to pay the former the full value, and the latter, the price only which they had paid, with interest. But this righteous discrimination, by closing the door to corruption, would have defeated the fundamental purpose of Hamilton, which was as honest as it Y»'as wrong; for he had avow^ecl the behef that man could be governed only l^y force or corruption, and surel}'^, no man ever Avent more ingeniously to work to reduce his theory to prac- tice. No one can imagine the torrent of corruption let loose in Congress, and the st-iiiuilus given to the out-door joljbing and speculating herd, on tlic defeat of the discriminating proposition of Mr. Madison. AVhen the trial of strength, on this and other efforts, had indicated the form in which the bill would finally pass, the mercenary scramble began. Couriers and relay-horses by land, and swift sailing pilot-boats by sea, were %ing in all directions. Active partners and agents were associated and employed in every State, town and village, and the public paper bought up at five shillings, and even as low as two shillings in the pound, before the holder knew that Congress had provided for'its redemption at par. Immense sums were thus filched from the poor and ignorant, and fortunes accumulated in a moment, by the dexterity of a political leader. Who can wonder at the overwhelming monied influence which Hamilton raised in his favor, by such an adroit disposition of more than forty millions of dollars, the estimated amount of the domestic debt of the Union ? This scheme was over, and another on the tapis at the moment of Mr. Jefferson's arrival. This fiscal operation is well known by the name of the Assumption, Independently of the proper debt of the Union, the States had, during the war, contracted separate and heavy debts ; and these expenses, whether \A'ie>ely or foolishly incurred, were claimed to have been incurred for general purposes, and ought therefore to be reimbursed from the general purse. No- body knew the nature of these debts, their amount, or their proofs. No matter ; we will guess. Nobody knew hov/ much should be re- imbursed to one State, or how much to another. No matter ; we will guess. Thus another scramble was set a going among the sev- eral States, and somegot much, so)ne little, "some nothing. But an additional lever of twenty-millions of dollars, was put into the hands of the Secretary of the Treasury, for bringing the legis- \. \ 302- LIFE, WRITINGS, AND OPINIONS lative in subservience to the executive power, and working the ma- diine of government according to the maxims of the monarchical school. The Assumption question created the most bitter contests ever known in Congress, before or since the union of the States. The principal grounds on which tliQ measure was resisted, were its un- constitutionality, and its tendency to destroy the sovereignty of the States, by engulphing them in the vortex of consolidation. The discussions, on both sides, were tempestuous ; and the bill is indebt- ed for its final passage, to the pacificatory intervention of Mr. Jeflcr- s5on, a step into which he was most ignorantly and innocently sedu- ^ ced. He arrived in the midst of the debates ; but, a stranger to the ground, a stranger to the actors, and as yet unaware of the object of the measure, he took no concern in it. The great and trying ques- tion, however, was lost in the House of Representatives. This pro- duced a state of things, which exacted from him a duty, on the per- formance of which, he was made to believe, depended the preserva- tion of the Union. Nor, in fact, were the probabilities of such a con- sequence very apochryphal. So high were the feuds excited, that on the rejection of the bill, business was suspended. Congress met and adjourned from day to day, without doing any thing, such was the implacability of the parties. The eastern members partic- ularly, with Smith of South Carolina, threatened a secession and dissolution, unless the measure should be adopted. Hamilton was in despair. He went to Mr. Jefferson, and exerted an eloquence, which was seldom exerted in vain. He painted pathetically, the temper into which the Legislature had been wrought ; the disgust of those who were called the creditor States ; the danger of the se- cession of their members, and the separation of the States. He ob- served that the officers of the Administration ought to act in concert ; that though this question was not of the State department, yet a common duty should make it a common concern ; that the Presi- dent was the centre on which all administrative questions ultimately rested, and that his ministers should all rally around him, and sup- lX)rt, with joint efforts, the measures approved by him ; and that the question having been lost by a small majority only, it was prob- able the timely appeal of Mr. Jefferson, to the judgment and discre- tion of some of his friends, would ellect a change in the vote, and the action of the government, now suspended, be again renewed. OP THOMAS JEFFERSON. 303 In reply, Mr. Jefferson remarked, that he was really a stranger to the whole subject ; that not having yet informed himself of the system of finance adopted, he knew not how far the present meas- ure was a necessary supplement ; but that, if its rejection endanger- ed a dissolution of the Union, at this incipient stage, he should deem such a catastrophe the most dreadful of all consequences ; to avert which, all partial and temporary evils should be yielded. He there- fore proposed to Hamilton to dine with him the next day, when he would invite two or three of his own political friends, and bring diem into amicable conference and consultation. The discussion took place at Mr. Jefferson's house ; in which himself sustained no part but that of exhortation to mutual concession. It was finally agreed, that whatever importance was attached to the rejection of the proposition, the preservation of the Union was infinitely more im- portant, and that therefore, the vote of rejection should he rescinded ; to effect which some members should be prevailed on to change their votes. There had been a proposition to establish the seat of government either at Philadelphia or Georgetown ; and it was thought, that by giving the location to Philadelphia for ten years, and to Georgetown permanently afterwards, such an accommoda- tion would be administered as would quiet the opposition of a suffi- cient number. 'vTwo of the Potomac members, accordingly, changed their votes, but with a revulsion of feeling almost suffoca- ting. And Hamilton, on his part, undertook to carry the proposi- tion for removing the seat of government ; which, his influence over the eastern members, with that of Robert Morris, over those of the Middle States, enabled him to effect without difficulty. Mr. Jefferson could never afterwards contemplate with satisfaction, his agency in this corrupt transaction, although he had been urged to it by the purest of all motives, and had restrained it to a character strictly palliative and mediatorial.* The passage of the Assumption threw a vast accession of power into the Treasury, and made its chief the master of every question in the Legislature, which was calculated to give to the government the direction suited to his political views. But still the organization was incomplete ; and Hamilton, who was outwitted by few states- men practicing upon the same theory, had the sagacity to perceive * Jcffei son's Ana. 304- LIFE, wraTiNGs, and opinions it. The eflect of the funding system, and of the assumption, would be temporary ; it would l)e lost with the loss of the individual mem- bers whom it had enriched ; and some engine of more permanent influence must be contrived, while the present majority continued in place, to carry it through all opposition. This engine was the Bank of the United States. The history of this transaction is better Icnown. The measure was strenuously opposed on the groiuid of its unconstitutionality. It was conceded on all hands that no express power for this purpose was given by tlie constitution ; but it was contended, that a fair construction of the phrase, ' to make all laws which shall be neces- sary and proper for carrying into execution the enumerated powers,' authorized the adoption of any measure which Congress should think necessary and proper. On the other hand it was urged, that this power Avas not only not granted, but expressly reserved by the, clause providing, that ' all powers not delegated to the United States, nor prohibited to the States, were reserved to the States or to the peo- ple.' As a further evidence against the supposed authority of im- plication, it was observed, that in the convention which framed the Constitution, a proposition to confer this power was made and negatived. When the law was presented to the President for his signature, he deemed the constitutional question of so great importance, that he took the unusual method of requesting the written opinions of his cabinet on the suliject. These opinions were accordingly given in. Those of the Secretaries of the Treasury, and of War, were in favor of the constitutionality of the act ; those of the Sec- retary of State, and Attorney General, were against it. The follow- ing is the opinion of Mr. Jetferson. It is an unanswerable argument against the doctrine of implied powers, and is justly considered the text of the true repul^lican faith, on the subject of constitutional interpretation. » The Bill for establishing o National Bank, undertakes, among other things, 1. To form the subscribers into a corporation. 2. To enable them, in their corporate capacities, to receive grants of land ; and so far, is against the laws of Mortmain. 3. To make alien subscribers capable of holding lands ; and so far, is against the laws of Alienage. 4. To transmit these lands, on the death of a pro- prietor, to a certain line of successors ; and so far, changes the , course of Descents. 5. To put the lands out of the reach of for- L OF THOMAS JEFFERSON. 305 feiture or escheat ; and so far, is against the laws of Forfeiture and Escheat. 6. To transmit personal chattels to successors in a cer- tain line ; and so far, is against the laws of Distribution. 7. To give them the sole and exclusive right of banking under the nation- al authority ; and so far, is against the laws of Motiopoly. 8. To communicate to them a power to make laws paramount to the laws of the States ; for so they must be construed, to protect the institu- tion from the control of the State Legislatures ; and so, probably, they will be construed. " I consider the foundation of the constitution as laid on this ground, that 'all powers not delegated to the United States by the constitution, nor prohibited by it to tbe States, are reserved to the States or to the people.' (Twelfth aniendment.) To take a single step beyond the boundaries thus specially drawn around the pow- ers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition. The incorporation of a bank, and the powers assumed by this bill, have not, in my opinion, been delegated to the United States by the constitution. I. They are not among the powers specially enumerated. For these are, 1. A power to lay taxes for the purpose of paying tbe debts of the United States. But no debt is paid by this bill, nor any tax laid. Were it a bill to raise money, its origination in the Senate would condemn it by the constitution. 2. To 'borrow money.' But this bill neither borrows money, nor insures the borrowing it- The proprietors of the bank will be just as free as any other money-holders, to lender not to lend their mon- ey to the public. The operation proposed in the bill, first to lend them two millions, and then borrow them back again cannot chano-e the nature of the latter act, which wUl still be a payment and notti loan, call it by what name you please. 3. 'To regulate commerce with foieign nations, and among the States, and with the Indian tribes.' To erect a bank, and to regu- late conmierce, are very different acts. He who erects a bank ere ates a subject of commerce in its bills : so does he who malves a bushel of wheat, or digs a dollar out of the mines. Yet neither of these persons regulates commerce thereby. To make a thing which may be bought and sold, is not to prescribe regulations for buying and selling. Besides, if tliis were an exercise of tbe power of regu lating commerce, it would be void, as extending as much to the in- ternal commerce of every State, as to its external. For the power given to Congress by the constitution, does not extend to the inter- nal regulation of the commerce of a State, (that is to say, of the commerce between citizen and citizen,) which remains exclusively witli its own legislature ; but to its external commerce only, that is Xo say, its commerce with another State, or with foreign nations, or 27 306 . LIFE, WRITINGS, AND OPINIONS with the Indian tribes. Accordingly, the bill does not propose the rneasiu'e as a 'regulation of trade,' but as 'productive of considera- ble advantage to trade.' Still less are these powers covered by any other of the special enumerations. II. Nor are they within either of the general phrases, which are the two following. 1. 'To lay taxes to provide for the general welfare of the United States ;' that is to say, 'to lay taxes for the ptirposc of providing for the general welfare.' For the laying of taxes is the jjoiver, and the general welfare the purpose for which the power is to be exer- cised. Congress are not to lay taxes, ad libitum^ for any purpose they p)lease : but only to pay the debts, or jjrovide for the iveJfare of the Union. In like manner, they are not^o do anything they please, to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase, not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please, which might be for the good of the Union, would render all the preceding- and subsequent enumerations of power completely useless. It v/ould reduce the whole instrument to a single phrase, that of instituting a Congress wath power to do whatever would be for the good of the United States ; and as tlEiey would be the sole judges of the good or evil, it would be also a pow- er to do whatever evil they pleased. It is an established rule of construction, where a phrase will bear either of tv/o meanings, to give it that which will allov^^ some meaning to the other parts of the instrument, and not that which will render all the others useless. Certainly no such universal power was meant to be given them. It was intended to lace them up straitly within the enumerated pow- ers, and those wnthout which, as means, these powers could not be carried into effect. It' is known that the very power now proposed as a means, was rejected as an end by the convention which form- ed the constitution. A proposition was made to them, to authorize Congress to open canals, and an amendatory one, to empower them to incorporate. But the whole was rejected ; and one of the reasons of rejection urged in debate was, that they then would have a pow- er to erect a bank, which would render the great cities, where there were prejudices and jealousies on that subject, averse to the recep- tion of the constitution. 2. The second general phrase is, 'to make all laws necessary and proper for carrying into execution the enumerated powers.' But they can all be carried into execution without a bank. A bank, therefore, is not necessary, and consequently, not authorized by this phrase. It has been much urged, that a bank will give great facility or convenience in the collection of taxes. Suppose this were true : yet the constitution allows only the means which are ' necessary' OP THOMAS Jefferson. 307 not those which are merely 'convenient' for eflecting the enumera- ted poM'ers. If such a latitude of construction be allowed to this phrase, as to give any non-enumerated power, it will go to every one ; for there is no one whicii ingenuity may not torture into a convenience, in some way or other, to some one of so long a list of enumerated powers. It would swallow up all the delegated pow- ers, and reduce the whole to one phrase, as before observed. There- fore it was, tliat the constitution restrained them to the necessary means, that is to say, to those means without which the grant of the power would be nugatory. But let us examine this ' convenience,' and see what it is. The report on this subject, page 2, states the only general convenience to be, the preventing the transportation and re-transportation of money between the States and the treasury. (For I pass over the increase of circulation medium ascribed to it as a merit, and which, according to my ideas of paper money, is clearly a demerit.) Ev- ery State will have to pay a sum of tax-money into tlie treasury ; and the treasury will have to pay in every State a part of the inter- est on the public debt, and salaries to the officers of government res- ident in that State. In most of the States, there will be still a sur- plus of tax -money, to come up to the seat of government, for the of- ficers residing there. The payments of interests and salary in each Stale, may be made by treasury orders on the State collector. This will take up the greater part of the money he has collected in his State and consequently prevent the great mass of it from being drawn out of the State. If there be a balance of commerce in favor of that State, against the one in which the government resides, the surplus of taxes will be remitted by the bills of exchange drawn for that commercial balance. And so it must be if there were a bank. But if there be no balance of commerce, either direct or circuitous, all the banks in the world could not bring us the surplus of taxes but in the form of money. Treasury orders, then, and bills of ex- change, may prevent the displacement of the main mass of the money collected, without the aid of any bank ; and Avhere these fail, it cannot be prevented even with that aid. Perhaps, indeed, bank bills may be a more convenient vehicle than treasury orders. But a little difference in the degree of con- venience, cannot constitute the neccessity which the constitution makes the ground for assmning any non-enumerated power. Besides, the existing banks will, without doubt, enter into ar- rangements for lending their agency, and the more favorable, as there will be a competition among them for it. Whereas, this bill delivers us up bound to the national bank, who are free to refuse all arrangements but on their own terms, and the public not free, on such refusal to employ any other bank. That of Philadelphia, I believe, now does this business by their post notes, which, by an ar- rangement with the treasury, are paid by any State collector to SOS LIFE, WKITINGg, AND OPlNIO.NTS whom they are presented. This expedient alone, suffices to pre- vent the existence of that necessity which may justify the assump- tion of a non-enumerated power, as a means for carrying into effect an enumerated one. The thing may be done, and has been done, and well done, without tliis assumption ; therefore, it does not stand oil that degree of necessity whicli can honestly justify it. It may be said, that a bank, whose bills would have a currency all over the States, would be more convenient than one whose cur- rency is limited to a single State. So it would be still more con- venient, that there should be a bank whose bills should have a cur- rency all over the world. But it does not follow from this superioy eonveniency, that there exists any where a power to establish such a bank, or that the world may not go on very well without it. Can it be thought that the constitution intended, that for a shade or two of convenience, more or less, Congress should be authorized to break down the most ancient and fundamental laws of the sever- al States, such as those against mortmain, the laws of alienage, the rules of descent, the acts of distribution, the laws of escheat and for- feiture, and the laws of monopoly. Nothing but a necessity invinci- ble by any other means, can justify such a prostration of laws, which constitute the pillars of our whole system of jurisprudence. Will Congress be too strait-laced to carry the constitution into hon- est effect, unless they may pass over the foundaiion laws of the State governments, for the slightest convenience to theirs ? The negative of the President is the shield provided by the con- stitution, to protect against the invasions of the Icgislatvue, 1, the rights of the Executive ; 2, of the Judiciary ; 3, of the States and State legislatures. The present is the case of a right remaining ex- clusively with the States, and is, consequently, one of those intend- ed by the constitution to be placed under his protection. It must be added, however, that unless the President's mind, on a view of every thing which is urged for and against this bill, is tolerably clear that it is unauthorized by the constitution, if the 'pro and the con hang so even as to balance his judgment, a just respect for the wisdom of the legislature would naturally decide the bal- ance in favor of their opinion. It is chiefly for cases where they are clearly misled by eiror, ambition, or interest, that the constitu- tion has placed a check in the negative of the President." President Washington weighed the opinions of his Secretaries with great deliberation ; and, without being entirely satisfied, con- cluded to approve the act. His own individual opinion was against the constitutional power of the legislature to create such an institu- tion ; but he did not feel warranted to oppose his single judgment to tb.e declared wisdom and wishes of a majority of both Houses, and the opinions of one half of his constitutional advisers. The OF THOMAS JEFFRSON. 309 political effects of this great engine were soon visible. While the governient remained at Philadelphia, a selection of members of Con- gress Avas constantly kept as directors, who, on every question in- teresting to the institution, voted at the will of its founder ; and with the aid of the stockholding members, could always ensure a majority. By this combination, legislative expositions were given to the constitution, which shaped the administrative laws on the model of the British government. And from this influence, the le- gislature was not relieved, until their removal from the precincts of the Bank, to Washington.* The extensive monied influence which Hamilton had now estab- lished, by the success of his financial exploits, reduced the whole action of the government under the direction of the Treasury. It must not be understood, however, that any thing like a majority in Congress had yielded to this corruption. Far from it. But a divi- sion, not very unequal, had already taken place in the honest part of that body, between the parties styled republican and federal ; and the mercenary phalanx, added to the latter, of which Hamilton was the leader, insured him always a majority in both Houses. Against this aristocracy of wealth and monarchism, in favor of splen- did schemes of government, and making daily inroads upon the constitution by legislative constructions promotive of those schemes, in favor of perpetual debt, excessive taxation, profuse expenditures, artificial distinctions, monoplies, standing armies, and all the ne- cessary implements and auxiharics of a heavy national, in contra- distinction to (i federal, republican government ; against this party and its measures, an opposition arose, of which a very injurious idea has been insinuated in histor}', but to which the world is indebted for the preservation of the principles of republicanism, and all the blessings which have flowed, and are yet to flow from their institu- tion. At the head of this opposition public opinion has universally placed Thomas Jefferson ; and as his opponents were anxious he should bear all the odium of the distinction, while hving, they will not object to his receiving the glory of it, now awarded to him by the unanimous and dispassionate judgment of posterity. " Here then was the real ground of the opposition which was made to the course of administration. Its object was to preserve Ana. 310 ■ LIFE, WRITINGS, AND OPINIONS the legislatme pure and independent of the executive, to restrain the administration to repubUcan forms and principles, and not per- mit the constitution to be construed into a monarchy, and to be warped, in practice, into all the principles and pollutions of their favorite English model. Nor was this an opposition to General Washington. He was true to the republican charge confided to him ; and has solemnly and repeatedly protested to me, in our conversa- tions, that he would lose the last drop of his blood in support of it ; and he did this the oftener and with the more earnestness, because he knew my suspicions of Hamilton's designs against it, and wish- ed to quiet them. For he was not aware of the drift, or of the ef- fect of Hamilton's schemes. Unversed in financial projects and cal- culations and budgets, his approbation of them was bottomed on his confidence in the man." No other office under the Government of the United States, com- prehends so wide a range of objects, or involves duties of such mag- nitude, complexity and responsibility, as the Department of State. It embraces the whole mass of foreign administration, and the prin- cipal of the domestic. To the first order of capacity, and the great- est versatility of talent, it is indispensal)le that the organ of this copious magistracy, should unite an intimate and extensive knowl- edge of the foreign and domestic situation of the country, a famil- iarity with the civil and international code of the government, and a profound acquaintance with history, and human nature. If these qualifications are rightly considered essential prerequisities, under ordinary times and circumstances, how much more was their pos- session necessary, at the opening crisis of the new government ? Before it had formed a character among nations, and when the im- pulse and direction which should then l)e given to it, would estab- lish that character, perhaps everlastingly ? Before its internal fac- idtics and capabilities were developed, but while they were in the process of development, when, consequently, every thing depended on the mode of treatment, which should be administered by its su- [H-eme functionaries ? The share Avhich Mr. Jefferson had, in mar- shahng the domestic resources of the republic, and fixing them upon a lucrative foundation, in shaping the subordinate features of its political organization, and, most especially, in estabhshing the principles of its foreign policy, constitutes one of the most splendid epochs in his public history. Among the multitude of his official labors, in advancement of these objects, the following specific acts enjoy a distinguished reputation : OF THOMAS JEFFERSON. 311 Report of a plan for establishing a uniform system of Coinsy Weights and Measures in the United States, Report on the Cod and Whale Fisheries. Report on the Commerce and Navigation of the United States. These performances were of an extra character, not necessarily appertaining to the duties of his Department, and, indeed, belong- ing more properly to some one or more of the ordinary committees of Congress. They were of a peculiar nature, growing out of the infancy of the republic, and the imperfect development and organi- zation of its resources, dependencies and capabilities ; and, as such, their execution, in a faithful and satisfactory manner, required an accurate knowledge of the condition of the country, internal and ex- ternal, physical and moral, with the exercise of the most patient in- vestigation, and varied practical talents. The manner in which these difficult and important trusts were discharged by Mr. Jefferson, was of a character which ehcited the spontaneous admiration of all parts of the country. 1. The Report of the Secretary of State, containing a plan for establishing a uniform system of Coins, Weights and Measures, was executed with astonishing dispatch, considering the intricacy of the subject, and the novelty of the experiment. He received the order of Congress on the 15th of April, 1790, when an illness of several weeks supervened, which, with the pressure of other busi- ness, retarded his entrance upon the undertaking, until some time in the ensuing month. He finished it, however, on the 20th of May. One branch of the subject, that of Coins, had already re- ceived his attention, while a member of Congress, in 1T84 ; and it had then occurred to him, that a corresponding uniformity in the kindred branches, of weights and measures, would be easy of introduction, and a desirable improvement. But the idea was not pursued by him, except for his own private gratification ; having procured an odometer, of curious construction upon this principle, he used to carry it, when travelling, and note the distances in miles, cents and mills. In sketching the principles of his system, Mr. Jeflerson was de- pendent on the guides of his own genius. It was in vain to look to tlie enlightened nations of the old world, for an example to direct him in his researches. No such example existed. It is a little re- markable, however, that two of the principal European govern- 312 - LIFK, WRITINGS, AND OPINIONS ments, France and England, were at this very period, learnedly en- gaged on the same subiect. The lirst object which presented itself in his enquiries, was the discovery of some measure of invariable length, as a standard. This was found to be a matter of no small difficulty. "There exists not in nature, as far as has been hitherto observed, a single subject or species of subject, accessible to mail; which pre- sents one constant and uniform dimension. "The globe of the earth itself, indeed, might be considered as in- variablein all its dimensions, and that its circumference would fur- nish an invariable measure : but no one of its circles, great or small Is accessible to admeasurement through all its parts ; and the various trials, to measure definite portions of them, have been of such vari- ous result, as to shew there is no dependence on that operation for certainty. " Matter then, by its mere extension, furnishing nothing invaria- ble, its motion is the only remaining resource. "The motion of the earth round its axis, though not absolutely uniform and invariable, may be considered as such for every human purpose. It is measured obviously, but unequally, by the departure of a given meridian from the sun, and its return to it, constituting a solar day. Tlirowing together the inettualities of solar days, a mean interval, or day, has been found, and divided, liy very general con- sent, into eighty -six thousand four hundred equal parts. " A pendulum, vibrating freely, in small and equal arcs, may be so adjusted in its length, as, by its vibrations, to make this division of the earth's motion into eighty-six thousand four hundred equal parts, called seconds of mean time. "Such a pendulum, then, becomes itself a measure of determin- ate length, to which all others may be referred, as to a standard." But even the pendulum was not without its uncertainties. Among these, not the least was the fact, that the period of its vibra- tions varied in different latitudes. To obviate this objection, he pro- posed to fix on some one latitude to which the standard should refer. That of 38 deg. being the mean latitude of the United States, he adopted it, at first ; but afterwards, on receiving a printed copy of a proposition of the Bishop of Autun, to the National Assembly of France, in which the author had recommended the 45 deg., he con- cluded to substitute that in the room of 38 deg., for the sake of uniformity with a nation, with whom we were connected, in (^om'• luerce, and in the hope that it might become a line of union with the rest of the world. OP THOMAS JEFFERSON. 313 Having adopted the pendulum vibrating seconds in the 45 deg. of latitude, as a standard of invariable length, he proceeded to iden- tify, by that, the measures, weights and coins of the United States. But, unacquainted with the extent of reformation meditated by Con- gress, he submitted two alternative plans. First, on the supposition that the difliculty of changing the established habits of a whole nation, opposed an insuperable bar to a radical reformation, he pro- posed that the present weights and measures should be retained, but be rendered uniform, by bringing them to the same invariable stand- ard. Secondly, on the hypothesis that an entire reformation was contemplated, he proposed the adoption of a unit of measure, to which the whole system of weights and measures should be reduced, with divisions and subdivisions in the decimal ratio, corresponding to the uniformity already established in the coins of the United States. On the whole, he was inclined to favor the alternative of a general reformation, with a view to conform the denominations of weights and measures to those already introduced into the currency of the country. The facility, which such an improvement would estab- lish in the vulgar arithmetic, would, in his opinion, be soon and sensibly feU by the mass of the people, who would thereby be ena- bled to compute for themselves, whatever they should have occa- sion to buy, sell, or measure, which the present difficult and com- plicated ratios, for the most part, place beyond their computation. In the event of its being adopted, however, he recommended a grad- ual substitution of it in practice. A progressive introduction would lessen the inconveniences, which might attend too sudden a substi- tution, even of an easier, for a more difficult system. After a given term, for instance, it might begin in the custom houses, where the merchants would become familiarized to it. After a further term, it might be introduced into all legal proceedings ; and merchants and traders in foreign commodities might be required to use it. Af- ter a still further term, all other descriptions of persons might receive it into common use. Too long a postponement, on the other hand, would increase the difficulties of its reception, with the increase of our population. This report is a curious and learned document, valuable to the statesman and philosopher ; though, for the same reasons, not cal- culated to interest the general reader. It was submitted to Con- gress on the 13th of July, 1790, and referred to a committee who lU LIFE, WRITINGS, AND OPINIONS reported in favor of the alternative plan of a general reformation^ on the principles recommended by the author. But the subject was postponed from session to session, for several years, without re- ceiving a final determination ; and at length, became lost altogeth- er in the crowd of more weighty and important matters. The idea of reducing to a single standard the discordant ratios of coins^ weights and measures, has ever since, at diflferent intervals, engaged the attention of learned statesmen in England, France, Spain and America ; but a fear of encountering the diiiiculties of a change of familiar denominations, with a natural attachment to established usage, lias hitherto prevented the introduction of a general uniform- ity of series, in the systems of either country. 2. The Report of the Secretary of State on the Cod and Whale Fisheries of the United States, is one of those ancient State papers, which, unlike the iimumeiable multitude that per- ish with the occasion, seem destined as immortal inheritances to this country. The subject was referred to him by Congress, on the 9th of August, 1790, in consequence of a representation fiom the Legislature of Massachus?etts, setting forth the embarrassments under which these great branches of their lousiness labored, and soliciting the interference of the government in various Avays. A very general abstraet of this voluminous paper, as in the case of the preceding, is all that can be expected. The Report commences with an historical review of the Fisher- ies, froiAi their discovery in 1517, by adventures from Spain and France, through the intermediate stages of their rise and progress, with different nations, down to their present state. In very remote times, the value of the Newfoundland fishery was deemed almost inappreciable. Such was the importance attached to it, in a na- tional point of view, that it was made the subject of an animated rivalry between the great maratime Powers of Europe, for centuries. The business being as unprofitable to the adventurer, as it was im- portant to the public, the patronage of the foreign governments was employed, at an extravagant rate, and in a variety of forms. Great Britain and France vied in the competition by giving such exor- bitant bounties to their fishermen, as sensibly affected their treas- uries. In 1731, the Americans first engaged in the business ; and, aided by the mere force of natural advantages, by their contiguity to the grounds, the cheapness of their vessels, provisions and casks, > OF THOMAS JEFFERSON. 315 and by the superiority of their mariners in skill, enterprise, and sobri- ety, they were able to compete successfully with the distant nations, against the united weight of their patronage. But, during the war of the Revolution, the fisheries of the United States were annihi- lated ; their vessels, utensils, and fishermen destroyed ; their mar- kets in the Mediterranean and British America lost ; their produce dutied in those of France ; and on the restoration of peace, the British navigation system, falling with tenfold violence on this branch of American conmierce, seemed to place its recovery beyond the power of the incipient government. Such were the hopeless auspices imder which this important business was to be resumed. Our natural advantages were great ; but on a view of every policy under which it had flourished or de- clined, with every nation, the fact was sufficiently marked, that it was too poor a business to be left to itself, even with the nation the most advantageously situated. While hovv^ever experience {JToved, that no other nation could make a mercantile profit on the Newfoundland fisheries, nor even support them without the aid of large bounties, the author showed, by a long and luminous train of reasoning, that the United States, owing to their natural advanta- ges, could make a living profit on them, provided the government would interfere so far only as to procure a vent for their fish. " It will rest therefore, with the wisdom of the legislature, to de- cide, whether prohibition should not be opposed to prohibition, and high duty to high duty, on the fish of other nations ; whether any, and which of the naval and other duties, may be remitted, or an equivalent giv^en to the fisherman in the form of a drawback or bounty ; and whether the loss of markets abroad may not, in some degree, be compensated by creating markets at home : to which might contribute the constituting fish a part of the military ration, in stations not too dislant from navigation, a part of the necessary sea-stores of vessels, and the encouraging private individuals to let the fishermen share with the cultivator, in furnishing the supplies of the table. A habit introduced from motives of patriotism, would soon be followed from motives of taste ; and who will undertake to fix the limits to this demand, if it can be once excited, with a na- tion which doubles, and will continue to double at 'very short peri- ods?" The Americans began their Whale Fishery in 1715. They were invited to it at first by the appearance of the whales on their coast. They attacked them in small vessels of forty tons. As the 316 LIFE, WRITINGS, AND OPINIONS whale, being infested, retired from the coast, they followed him fur- ther and further into the ocean, enlarging their vessels, with their adventures, to sixty, one hundred, and two hundred tons. Having extended their pursuit to the Western Islands, they fell in, acciden- tally, with the spermaceti whale ; and the distinction now first arose between the nortliern and southern fisheries, the object of the former being the Greenland whale, which frequented the northern coasts, and that of the latter, the spermaceti whale, which was found in the southern seas. At the commencement of the Revolution the Americans had one hundred and seventy-seven vessels in the north- ern, and one hundred and thirty-two in the southern fishery. At that period, our fishery being suspended, the English seized the opportunity of monopolizing the business, by a series of artful measures. They conferred extravagant bounties on their whale ships ; invited the fishermen of the United States to conduct their enterprises ; and prepared the way for effectuating their offer by imposing such a duty on our whale oils as amounted to a prohibi- tion. The fishermen of the United States, left without resource by the loss of their markets, began to think of accepting the British invi- tation, and of removing, some to Nova Scotia, others to Great Brit- ain, postponing country and friends to high premiums. The government of France could not be inattentive to these pro- ceedings. They saw the danger of permitting four or five thou- sand seamen, the best in the world, to be transferred to the marine strength of a rival nation, and carry with them an art which they possessed almost exclusively. They therefore adopted the plan of extending a counter invitation to American seamen, to remove and settle in Dunkirk, backing their invitation with heavy premiums, and many other advantages. This was in 1785. Mr. JefTerson being then at Paris, endeavored to pievail on the French ministry to vary their policy, first by abating the duties on American oil, and afterwards by closing their ports to all foreign fish oils, of every nation, except the produce of the whale fisheries of the United States. This was accordingly done ; but they continued their en- deavors to increase their share in the fisheries themselves, by the aid of our fishermen, and by giving large bounties to their own. Such was the weight of competition against which the United States had to stmggle, for the resumption and continuance of their OF THOMAS JEFFERSON. 317 whale fisheries. Against prohibitory duties in one nation, and bounties to the adventurers of both of those which were contend- ing with each other for the supremacy, the Americans had noth- ing to oppose but poverty and rigorous economy. The business, unaided, was a wretched one, but infinitely too important, in a na- tional point of view, to be overlooked by the government. Be- sides being peculiarly fitted by nature for becoming a source of rev- enue to the United States, it wa!s a valuable nursery for forming American seamen. On the island of Nantucket alone, which was capable of maintaining, by its agriculture, only about twenty fam- ilies, between five and six thousand persons were profitably employ- ed in these fisheries before the war. These considerations rendered it indispensable, in the opinion of the author, that some effectual relief should be administered for re instating the business upon its ancient basis. And he recommend- ed the interference of the government in three ways — A remission of duties on the articles used in the fisheries — A retaliating duty on foreign oils coming in competition with ours — Free markets abroad, which was the principal object. France was the only nation which needed our surplus ; and it was important that she should continue to view us, as heretofore, not in the light of rivals, but as co-operators against a common ri- val. Friendly arrangements with that nation, and accommodations to mutual interest, rendered easier by amicable dispositions on both sides, might long secure to the United States, this important resource for their seamen. Nor was it the interest of the fishermen alone, which called for the cultivation of friendly relations with France. Besides five-eights of our whale oil, and two-thirds of our salted fish, they received from us one-fourth of our tobacco, three- fourths of our live stock, a considerable and growing portion of our rice, and great supplies, occasionally, of our grain. It was also a free market for our ships and ship-timber, potash and peltry. England was the market for the greater part of our spermaceti oil ; but they imposed such a duty on all our oils, as, to the common kind, was a prohibition, and to the spermaceti, but little less ; and not long since, by a, change of construction, without any change of law, they excluded our oils entirely from their ports, when brought in our own vessels ; 28 318 ' LIFE, WRITINGS, AND OPINIONS '• This serves to show, that the tenure, by which we liold the ad- mission of this commodity in their markets, is as precarious as it is hard. Nor can it be announced, that there is any disposition on their part to arrange this or any other commercial matter, to mu- tual convenience. Tlie exparte regulations, which they have be-' gun, for mounting their navigation on the ruin of ours, can only be opposed by counter regulations on our part. And the loss of seamen, the natural consequence of lost and obstructed markets for our fish and oil, calls, in tlie first place, for serious and timely attention. It will be too late, when the seaman shall have changed his vocation, or gone over to another interest." This sound and energetic Report was submitted to Congress on the 4th of February, 1791. It was accepted, published, and ap- plauded by the great majority of the people. The policy so ur- gently recommended by Mr. Jefferson, was adopted ; and its utility was soon demonstrated, by the restoration to the United States, up- on a prosperous and permanent footing, of one of their most im- jwrtant branches of domestic and maritime industry. The' strictures of this Report upon the British commercial and navigation system, and its demonstrations of the more liberal policy of France, though they could not be denied by Great Britain her- self, in a single point, received a reluctant assent from the monar- chical party in the United States ; and served to place more in con- trast before the public, the collisions of political sentiment between the heads of the State and Treasury department. This contrast was completed, and the division of sentiment rendered almost as perfect in the public ^^mind, as it existed in the Cabinet, by — 3. The Report of the Secretary of State on Commerce and Navigation. This paper was prepared in pursuance of a resolution of the House of Representatives, passed on the 23d of February, 1791, instructing him to report to Congress the nature and extent of the privileges and restrictions of the commercial intercourse of the United States with foreign nations, and the measures which he should think proper to be adopted for the improvement of their commerce and navigation. The Report stated the exports of the United States to Great Brit- ain at more than nine millions annually, and the imports from that nation at fifteen millions. The amount of exports to France was only about four and a half millions, and that of imports two mill- ions. Notwithstanding the vast disproportion of our trade, in favor OF THOMAS JEFFERSON. 310 of England, the restrictions imposed on it by that nation, were far mortf burthensome and oppressive than those imposed by France. With respect to the navigation of the United States, our ships, though purchased and navigated by British subjects, were not per- mitted to be used even in the trade of. that nation with vis. While the vessels of other nations were secured by a standing law to carry to England any produce or manufactures of the country to which they belonged, which might be lawfully carried in any ves- sels, ours, with the same prohibition of what was foreign, were fur- ther prohibited by a standing law from carrying thither any of our domestic productions and manufactures. A subsequent act au- thorized the King to permit the carriage of our productions in our own bottoms, at his pleasure, which was given every year by proc- lamation ; but this was so precarious a tenure, that our vessels were liable every moment to be interdicted from British ports. Our ships paid in their ports more than their own, except in the port of Lon- don, where they paid the same. In addition to all this, the greater part of oiu' exports were re-exported from Great Britain to other countries, under the useless charges of a double voyage, and inter- mediate deposite. Instead, therefore, of supplying their wants mere- ly, w^e were loading them with surpluses for transportation to other countries, and thus, besides helping them to command the commerce of the world, were pouring into their treasury extravagant duties, which might as well be paid to other nations who received our ves- sels comparatively free. With respect to the navigation of the United States to the portii of France, our ships were free to carry thither all goods and produc- tions which might be carried in their own or any other vessels, ex- cept tobaccos not of our own growth. Our vessels participated with tlieirs the exclusive carriage of our whale oils and tobaccos ; and they were admitted naturalization in all their ports until lately. They and their Colonies were the actual consumers of w^iat they received from us. After enumerating the various restrictions on our commerce, in the form of duties on our articles of export, the Report proceeds to recommend the mode in which those restrictions should be removed, modified or counteracted. It proposed two methods : 1. By amica- ble arrangements, as being the most ehgible in all cases, if practica 320 LIFE, WRITINGS, AND OPINIONS blc. 2. By countervailing regulationts, where friendly arrange- ments could not be made. ' "There can be no doubt but that of these two, friendly arrange- ment is the most eligible. Instead of embarrassing commerce under piles of regulating laws, duties and prohibitions, could it be relieved from all its shackles in all parts of the world, could every country be employed in producing that which nature has best fitted it to pro- duce, and each be free to exchange with others mutual surpluses for mutual wants, the greatest mass possible would then be produ- ced of those things which contribute to human life and human hap- piness ; the numbers of mankind would he increased, and their condition bettered. "Would even a single nation begin with the United States this system of hee commerce, it would be advisable to begin it with that nation ; since it is one by one only, tliat it can be extended to all. AYhen the circumstances of cither party render it expedient to -levy a revenue, by way of impost, on commerce, its freedom might be modified, in that particular, by mutual and equivalent measures, preserving it entire in all others. * * * " But should any nation, contrary to our wishes, suppose it may better find its advantage by continuing its system of prohibitions, duties and regulations, it Ijehooves us to protect our citizens, their commerce and navigation, by counter prohibitions, duties and regu- lations, also. Free commerce and navigation are not to be given in exchange for restrictions and vexations : nor are they likely to pro- duce a r&lftxatioii gi them," The navigation of the United States, in the opinion of the Secre- tary, involved even higher considerations. As a branch of industiy it was valuable ; but as a l)ulwark of defence, indispensable. Its value as a branch of industry was enhanced by the dependence up- on it, of so many other l>ranches. In times of peace it multiplied competitors for employment in transportation ; in times of wnr, if we had not the means of transportation, the belligerent nations would monopolize our carrying trade. But as a Aveapon of defence, it was inestimable. On the land the United States had nothing to fear, but on the ocean they were liable to injury at all times. Their conunerce must be protected or lost, and with it, their seamen, ship artists, and establishments. "Were the ocean, which is the common property of all, open to the industry of all, so that every person and vessel should lie free to take employment wherever it could be found, the United States would certainly not set the example of appropriating to themselves, exclusively, any portion of the connnon stock of occupation. But OF THOMAS JEFFERSON. 321 if particular nations grasp at undue shares, and more especially, if they seize on the means of the United States to convert them into aliment for their own strength, and withdraw them entirely from the support of those to whom they belong, defensive and protecting measures become necessary on the part of the nation whose marine resources are thus invaded, or it will be disarmed of its defence, its productions will lie at the mercy of the nation which has possessed itself exclusively of the means of carrying them, and its poUtics may be influenced by those who command its commerce." After pressing this argument much further, the author proceeds to recommend the principles of retaliation, by which the United States should be governed. And these, he contended, to be effectu- al, should be exactly reciprocal and equivalent. Where a nation imposes high duties on our productions, or prohibits them altogeth- er, we should do the same in relation to their productions. First, taking those in competition with our own of the same kind ; and next, those which we receive from them in great quantities, and can furnish ourselves with the soonest. Where a nation refuses to re- eeive in our vessels any productions but our own, we should retort upon them the same terms. Where a nation refuses to consider any vessel as ours which has not been built in our own territories ; or where she refuses to our vessels the carriage of our own produc- tions, to countries under her jurisdiction, we should enact corres- ponding prohibitions in respect to such nation. "The estabUshment of some of these principles by Great Britain, alone, has already lost us in our commerce with that country and its possessions, between eight and nine hundred vessels, of near 40,000 tons burthen, according to statements from official materials, in which they have confidence. This involves a proportional loss of seamen, ship-wrights, and ship-building, and is too serious a loss to admit forbearance of some effectual remedy. "It is true we must expect some inconveniences in practice from the establishment of discriminating duties. But in this, as in so many other cases, we are left to choose between two evils. These inconveniences are nothing when weighed against the loss of wealth and loss of force, which will follow our perseverance in the plan of indiscrimination. When once it shall be perceived that we are either in the system or in the habit of giving equal advantages to those who extinguish our commerce and navigation by duties and prohibitions, as to those who treat both with liberality and jus- tice, liberality and justice will be converted by all into duties and prohibitions. It is not to the moderation and justice of others we are to trust for fair and equal access to market with our productions 28* 322 ' LIFE, WRITINGS, AND OPINIONS or for our due share in the transportation of them ; but to our own means of independence, and the firm will to use them. INor do the inconveniences of discrimination merit consideration. Not one of the nations before mentioned, perhaps not a commercial nation on earth is without them. In our case, one distinction alone will suf- fice — that is to say — -between nations who favor our productions and navigation, and those who do not favor them. One set of moderate duties, say the present duties, for the first, and a fixed ad- vance on these as to some articles, and prohibitions as to others, for the last. " Still it must be repeated that friendly arrangements are prefera- ble with all who will come into them ; and that we should carry into such arrangements all the liberality and spirit of accommoda- tion which the nature of the case will admit.'' This celebrated Report, aside from its intrinsic merits, derives great im])ortance from the consideration, that it established the general principles of foreign policy, which it has been the object of the gov- ernment to pursue ever since the civil revolution in 1800. It was finished by Mr. Jefierson in the summer of 1792 ; but, anxious that it should be indisputably correct in matters of fact, he retained it in his hands for more than a year, and it was not communicated to Congress until within a few days previous to his resignation. The political consequences which resulted from it, being of a promi- nent and abiding character, will be more properly considered at that point of time. The administration of the foreign affairs of the Republic devolv- ing, ex officio, on the Secretary of State, the principal mass of his la- bors emanates from that source. Being the organ of intercommuni- cation between the government and all foreign nations, the prepar- ing and communicating instructions to our ministers, of every grade, at the different courts, and the answering those of foreign ministers, of every grade, resident in the United States, constitute a perpetual routine of arduous and compUcated^duties. Perhaps there was nev- er a period in our history, in which these duties were more onerous and multiphed, than during the years 1791, '92, and '93. The United States were at issue, on the most delicate points of contro- versy, with England, France, and Spain ; and finally, the coaUtion of European despots, against republican France, drove our govern- ment into the necessity of maintaining a strict and impartial neu- trality towards the belligerent paities — the most difficult posture which this country was ever called on to assume. OF THOMAS JEFFERSON. 323 Willi Spain, difficulties had arisen of a serious ciiaracter. They concerned chiefly the navigation of the Mississipjii below our south- ern limit, the right to which was still unyielded ; the settlement of boundaries between the two nations ; and the interference, on the part of Spain, with the tribes of Indians in our territories, inciting them to frequent and ferocious depredations on oiu- citizens. On all these points, tlie talents and ingenuity of the Secretary of State, were constantly exercised in communicating and enforcing the opinions of the administration. On the subject of the Missis- sippi, his instructions to our Minister at Madrid, w^ere rigorous and uncompromising. He insisted that the United States had a right not only to the unmolested navigation of that river, to its ')?ioufh, but also to an entrepot near thereto, in the dominions of Spain, sub- ject to our jurisdiction exclusively, for the convenience and protec- tion of our commerce. He grounded these rights upon the broad principle of the law of nature, that the inhabitants on both sides of a navigable river, are entitled to the common use and enjoyment of it, to the ocean ; and that the right to use a thing comprehends a right to all the means necessary to its use. The peculiar energy and urgency of his otiicial communications, are in unison with the high tone of American feeling, which he carried into every situa- tion, public and private. " With this information, written and oral, you will be enabled to meet the minister in conversations on the subject of the navigaticfti of the Mississippi, to which we wish you to lead his attention im- mediately. Impress him thoroughly with the necessity of an early, and even an immediate settlement of this matter, and of a return to the field of negotiation for this purpose : and though it must be done delicately, yet he must be made to understand unequivocally, that a resumption of the negotiation is not desired on our part, un- less he can determine, in the first opening of it, to yield the imme- diate and full enjoyment of that navigation. (I say nothing of the claims of Spain to our territory north of the thirty- first degree, and east of the Mississippi. They never merited the respect of an an- swer ; and you know it has been cidmitted at Madrid, that they were not to be maintained.) It may be asked, what need of ne- gotiation, if the navigation is to be ceded at all events ? You know that the navigation cannot be practised without a port, where the sea and river vessels may meet and exchange loads, and where those employed about fhem-^may be safe and unmolested. The right to use a thing, comprehends a right to the means necessary to its use, and without which it would be useless. The fixing on 324 ' LIFE, WRITINGS, AND OPINIONS a proper port, and the degree of freedom it is to enjoy in its oj^era- tioiis, will require negotiation, and be governed by events. There is danger indeed, that even the unavoidable delay of sending a ne- gotiator here, may render the mission too late for the preservation of peace. It is impossible to answer for the forbearance of our wes- tern citizens. We endeavor to quiet them with the expectation of an attainment of our rights by peaceable means. But should they, in a moment of impatience, hazard others, there is no saying how far we may be led : for neither themselves nor their rights will ever be abandoned by us." On the subject of the boundaries between the United States and Spain, and the incendiary interference of the latter with the Indians on our territories, the communications of Mr. Jefferson gave a front to the foreign administration of the government, which rivaled the boldest period of the Revolution. He uniformly pressed on our Minister the importance of assuring the Court of Spain, on every occasion, in respectful yet unequivocal terms, that the essential prin- ciples in dispute would never be relinquished, preferring always a peaceful redress of grievances, yet fearless of war, if driven to that extremity. Such however was the obstinacy of Spain, arid her jealousy of a rising power in the w^est, which was one day to oblit- erate her American pessessions, that although she deprecated the possibility of war, she artfully parried all attempts at negotiation, and secretly practised her incendiary manoeuvring with the Indians. This temporizing and inhuman policy, at length drew forth from Mr. Jefferson a bold and eloquent address to the Court of Spain itself, declaring the ultimate determination of the government, in language equally resolute and conciliatory. " We love and we value peace ; we know its blessings from expe - rience ; unmeddling with the affairs of other nations, we had hoped that our distance and our dispositions, would have left us free, in the example and indulgence of peace with all the world. We had with sincere and particular dispositions, courted and cultivated the friend- ship of Spain. Cherishing the same sentiments, we have chosen to ascribe the unfriendly insinuations of the Spanish commissioners, in their intercourse with the government of the United States, to the peculiar character of the writers, and to remove the cause from them to their sovereign, in whose justice and love of peace we have confi- dence. If we are disappointed in this appeal, if we are to be forced into a contrary order of things, our mind is made up, we shall meet it with firmness. The necessity of our position will supersede all appeal to calculation now, as it has done heretofore. We confide in OF THOMAS JEFFERSOX. 325 our own strength, without boasting of it : we respect that of others, without fearing it. If Spain chooses to consider our self defence against savage butchery as a cause of war to her, we must nreet her also in war, with regret but without fear ; and we shall be happier to the last moment, to repair with her to the tribunal of peace and reason." The controversy with Spain, on these several points, w^as contin- ued with unabated ardor, while Mr. Jefferson remained Secretary of State. The rights in dispute were finally secured by treat)", on the principles contended for by him, except that the right to an en- trepot at New Orleans was hmited to three years. The principle of free bottoms, free goods, was also recognized ; and the practice of privateering was humanely restrained. These were favorite ideas with Mr. Jefferson. The treaty with Spain was concluded on tlie 27th of October, 1795. In the midst of the contest with Spain, the Secretary of State became involved in a diplomatic controversy with Mr. Hammond, Minister Plenipotentiary of Great Britain to the United States. This controversy originated in the inexecution of the treaty of peace ; infractions of which, in various particulars, had been mutu- ally charged, by each upon the other party, ever since the conclu- sion of the war. Mr. Jelfeison directed the attention of the British Minister to the subject, in a pointed manner. He informed him that the British garrisons had not evacuated the western posts, in violation of an express stipulation to that effect in the seventh arti- ticle, that the British otiicers had (^exercised jurisdiction over the country and inhabitants in the vicinity of these posts, that Ameri- can citizens had been excluded from the navigation of the lakes, and that, contrary to the same article, a great number of negroes, the property of American citizens, had been carried away on the evacuation of New York. Mr. Hammond replied, by admitting the alleged infractions, but justifying them, on the ground of retaliation, the United States hav- ing previously, he declared, violated their engagements, by obstruc- ting the payment of debts justly due to British creditors, and by refusing to make remuneration for repeated confiscations of British property, during and since the war. To this, Mr. Jefferson rejoined, on the 29th of May, '92, in a masterly communication of more than sixty pages octavo. He re- 326 LIFE, WRITINGS, AND OPINIONS viewed the whole ground of the controversy, from beginning to end, sustaining his former positions and overturning those of the British Minister, by such clear and conclusive arguments, as drove his antagonist fairly from the field. He showed that, with respect to property confiscated by the individual States, the treaty merely stipulated, that Congress should recommend to the legislatures of the several States, to provide for its restitution. That Congress had done all in their power, and all they were bound by the treaty to do ; that it was left witlf the States to comply or not, as they might think proper, with the recommendation of Congress, and that this was so understood by the British negotiators, and l)y the British ministry, at the time the treaty was concluded. He also claimed, that the first infractions were on the part of Great Britain, by re- taining the western posts, and the deportation of negroes ; and that tlie delays and impediments which had taken place, in the collec- tion of British debts, were justifiable on that acoount. Hammond never undertook an answer to this communication. After niore than a year had elapsed, without hearing any tiling from him, Mr. Jefierson invited his attention to the subject, and re- quested an answer. But Hammond evaded the challenge, alleging 0:3 an excuse for his neglect, that he awaited instructions from his government. In this state the matter rested until it became merg- ed in disputes of a more serious character, by the outbreak of a gen- eral war in Europe, which changed the political relations of both continents. Against another pretension on the part of Great Britain, and one which ultimately conduced to the second war with that nation, Mr. Jeflferson had the honor of opposing the first formal resistance of our government. This was the impressment of seamen on board Amer- ican ships, under color of their being British subjects. This cus- tom was peculiar to England ; she had practised it towards all other nations, from time immemorial, but with accumidated rigor towards the United States, since their independence. She claimed the ab- solute right of going on board American ships, with her press-gangs, and constraining into her service all seamen whatsoever, who could not produce upon the spot, written evidences of their citizenship. The consequence was that American citizens were frequently carri- ed off, and subjected to multiplied cruelties, not only without evi- dence, but even against evidence. In opposition to this preposter- OF THOMAS JEFFERSON. 327 Oils claim, the Secretai}'^ ^of State proclaimed the determined voice of the government, and authorized a rigorous system of reprisal, unless the practice should be abandoned. He contended that American bottoms should be jirima facie evidence that all on board were Americans, which would throw the burden of proof, where it ought to be, on those who set themselves up against natur- al right. Under date of June 11, 1792, he thus writes to our Min- ister at London : "We entirely reject the mode which was the subject of a conver- sation between Mr. Morris and him, [British Minister,] which was, that our seamen should always carry about them certificates of their citizenship. This is a condition never yet submitted to by any nation, one with which seamen would never have the precau- tion to comply ; the casualties of their calling would expose them to the constant destruction or loss of this paper evidence, and thus, the British government would be armed with legal authority to impress the whole of our seamen. The simplest rule will be, that the vessel being American, shall be evidence that the seamen on board her are such. If they apprehend that our vessels might thus become asylums for the fugitives of their own nation from impress- gangs, the number of men to be protected by a vessel may be lim- ited by her tonnage, and one or two officers only be permitted to en- ter the vessel in order to examine the numbers on board ; but no press-gang should be allowed ever to go on board an American ves- sel, till after it shall be found that there are more than their stipula- ted number on board, nor till after the master shall have refused to deliver the supernumeraries (to be named by himself) to the press- officer who has come on board for that purpose ; and, even then, the American Consul should be called in. In order to urge a settle- ment of this point, before a new occasion may arise, it may not be amiss to draw their attention to the peculiar irritation excited on the last occasion, and the difficulty of avoiding our making immediate reprisals on their seamen here." On the subject of impressment, Mr. Jefferson's own private opin- ion was, that American bottoms should be conclusive evidence that all on board were American citizens, inasmuch as the right of ex- patriation was a natural right, the free enjoyment of which no na- tion had the authority to molest, with respect to any other nation, imless by special and mutual agreement. But the administration were not prepared, at this time, to carry their resistance to the prin- ciple, further than was necessary for the protection of their own seamen, without affording an asylum for others. 328 LIFE, WRITINGS, AND OPINIONS The combination of European despots against the republic of France, in 1793, placed the United States in a new, and to them, in- experienced position. The situation of a neutral nation is always delicate and embarrassing ; but peculiarly so, when it is connect- ed with the belligerent parties by extensive connnercial relations, and when its subjects are divided by powerful political partialities and antipathies towards the Powers at war. This was precise- ly the situation of the United States. One universal feeling of in- dignation at the interference of England and her allies, with the revolutionary struggle of France, pervaded the whole repubhcan party in America ; and nothing but the extraordinary firmness and prudence of their leader, backed of course, on this occasion, by the whole weight of the administration, could have prevented the gen- erous enthusiasm of the nation from embroiling the government in the foreign conflict, and from plunging its citizens into a ferocious and bloody war with each other. The phrenzy of the popular excitement in favor of France, was greatly increased by the intemperate character of the minister of the French republic, Mr. Genet. No sooner had this gentleman arriv- ed in the United States, than, presuming on the state of pulilic feel- ing, he began the design of forcing them to become a party to the war, by an extraordinary course of proceedings. He landed on the 8th of April, 1793, at Chaileston, a port so remote from his points, both of departure and destination, .as to excite attention ; and instead of proceeding directly to Philadelphia, and presenting his credentials to the President, he remained in Charleston five or six weeks. While there, he was constantly engaged in authorizing the fitting and arm- ing vessels in that port, enlisting men, foreigners and citizens,, and giving them commissions to cruise and commit hostilities on the nations at war with France. These vessels were taking and bringing prizes into our ports ; and the Consuls of France, by his direction, were assuming to hold courts of admiralty on them, to try, condemn, and authorize their sale as legal prize. All this was done and doing before Mr. Genet had been received and accredited by the President, without his consent or consultation, in defiance of an express proclamation by the government, and in palpable con- travention of the law of nations. These proceedings immediately called forth from the British Minister several memorials thereon ; to which Mr. Jeflerson replied, on the 1.5th of May, condemning, in OF THOMAS JEFFERSON. 329 the highest degree, the transactions complained against, and assur- ing the Britisli Minister that the United States would take the most effectual measures to prevent their repetition. Mr. Genet reached Philadelphia the next day. His progress through the country had been triumphal ; and he was received at Philadelphia amidst the plaudits and acclamations of the people. On his presentation to the President, he assured him theit on account of the remote situa- tion of the United States, and other circumstances, France did not expect them to become a party in the war, but wished to see them preserve their prosperity and happiness in peace. But in a confer- ence with the Secretary of State, soon after his reception, he alluded to his proceedings at Charleston, and expressed a hope that the Pres- ident had not absolutely decided against them. He added, that he would Avrite the Secretary a note, justifying his conduct under the treaty between the two nations ; but if the President should finally determine otherwise, he must submit, as his instructions enjoined him to do what was agreeable to the Americans. In pursuance of his intimation, he addressed a letter to the Sec- retary of State, on the 27th of May, in which it appeared that he was far from possessing a disposition to acquiesce in the decisions of the government. This letter laid the foundation of a correspond- ence, which is confessedly unparalleled in the annals of diplomacy. The communications of Mr. Jefferson embody a complete system of national law, as applicable to the rights and obligations of neutral nations, and present an invaluable commentary on the logic and the legal interpretation of treaties. For elegance and dignity of composition, for coolness and energy of reasoning, for the godlike chastity of purpose, with which they repelled the glowing and se- ductive appeals of a beloved and persecuted nation, and above all. for that more than Roman firmness with which they resisted the torrent of sympathetic enthusiasm which poured ^rom the hearts of his own countrymen, these papers will forever remain a monument to the genius, wisdom, and self denying patriotism of the author. They embrace in themselves a volume of the American State-pa- pers; and a mere outline of them, would exceed the limits prescrib- ed to this. Aside from their momentous apphancy to the occasion, they derive additional importance from the consideration, that they formed the commencement, and the true exposition of that system of policy to which the United States have inflexibly adhered, through 29 330 ' LIFE, WRITINGS, AND OPINIONS every season in which the warring Powers of the earth have placed them in the predicament of a neutral nation. As a circumstance of some curiosity, if not of some weight, it might be added, that Mr, Jefferson's controversy with Genet, was the first of two transactions only in his poUtical life, which received the open and avowed ap- probation of the federahsts as a party. The communications of Genet, on the other hand, were a tissue of inflammatory declamation, and indignity. To the reasonings of Mr. Jefferson on the obligations of the United States, to observe an impartial neutrality towards all the belligerent parties, he applied the epithet of "diplomatic subtelties." And when he sustained the prin- ciples advanced by him, by quotations from Vattel, and other ap- proved jurisconsults. Genet called them "the aphorisms of Vattel," &.C. " You oppose," said he, "to my complaints, to my just reclam- ations, upon the footing of right, the private or public opinion of the President of the United States ; and this egis not appearing to you sufficient, you bring forward aphorisms of Vattel, to justify or excuse infractions committed on positive treaties." And he added, " do not punish the brave individuals of your nation who arrange themselves under our banner, knowing perfectly well, that no law of the United States gives to the government the sole power of ar- resting their zeal, by acts of rigor. The Americans are free; they are not attached to the glebe, like the slaves of Russia ; they may change their situation when they please, and by accepting at this moment the succor of their arms in the habit of tramphng on ty- rants, we do not commit the plagiat of which you speak. The true robbery, the true crime woidd be to enchain the courage of these ffood citizens, of these sincere friends of the best of causes." At oth- er times he would address himself to the political feehngs of Mr. Jefferson himself, whom he had been induced to consider his per- sonal friend, and who, he said, " had initiated him into mysteries which had inflamed his hatred against all those who aspire to an absolute power." During the whole time, also, Mr. Genet was industriously engag- ed in disseminating seditious addresses among the people, and at- tempting, by every means in his power, to inflame their passions, already sufficiently excited, and induce them to arise in arms against the enemies of France. What an ungenerous moment OF TH0MA3 JEFFERSON, 331 was this, to put to the test the sensibilities of the American people for their brave and beloved ally '? Finally, after a controversy of several months, in the whole course of which, tlie mingled efliusions of arrogance and intemperance, were opposed to a moderation and ftrbearance which could not be betrayed into a single undignified expression, the American govern- ment came to the determination of desiring the recall of Mr. Genet. This delicate duty was executed by Mr. Jefferson, and iri a manner ■ which has doubtless united more suffrages in its favor, taking the world at large, than any other diplomatic performance on record. On the 16th of August, 1793. he addressed a letter to Mr. Morris, the Minister of the United States at Paris, containing an epitome of the whole correspondence, on both sides, assigning the reasons which rendered necessary the recall of Mr. Genet, and directing the case to be immediately laid before his government. This celebrated letter is an essay of sixteen pages, octavo. It were vain to attempt a satisfactory analysis of its contents. To a full and dispassionate revievr of the transactions of Mr. Genet, and an unanswerable vindication of the principles upon which the ad- ministration had conducted itself in the controversy, assurances were added of an unwavering attachment to France, expressed in such terms of unaffected sensibility, as to impress the most callous with the sincerity of the heart from which they flowed. The concluding paragraphs are too remarkable not to require an insertion. After introducing a series of quotations from Mr. Genet's corres- pondence, which he deemed too offensive to be translated into Eng- lish, or to merit a commentary, the author proceeded in the follow- ing dignified strain : " We draw a veil over the sensations which these expicssions ex- cite. No words can render them ; but they will not escape the sen- sibility of a friendly and magnanimous nation, who will do us jus- tice. We see in them neither the portrait of ourselves, nor the pencil of our friends ; but an attempt to embroil both ; to add still another nation to the enemies of his country, and to draw on both a reproach, which it is hoped Avill never stain the history of either. The writ- ten proofs, of \\'hich Mr. Genet was himself the bearer, were too un- equivocal to leave a doubt that the French nation are constant in their friendship to us. The resolves of their National Convention, the letters of their Executive Council attest this truth, in terms which render it necessary to seek in some other hypothesis, the so- lution of Mr. Genet's machinations against our peace and friendship. 332 LIFE, WRITINGS, AND OPINIONS "Conscious, on our part, of the same friendly and sincere dispo- sitions, we can with truth affirm, both for our nation and govern- ment, that we have never oiiiitted a reasonable occasion of mani- festing them. For I will not consider as of that character, opportu- nities of sallying forth from our ports to way-lay, rob, and murder defenceless merchants and others, who have done us no injury, and who were coming to trade with us in the confidence of our peace and amity. The violation of all the laws of order and morality which bind mankind together, would be an unacceptable oti'ering to a just nation. Recurring then only to recent things, after so afflicting a libel we recollect with satisfaction, that in the course of two years, by unceasing exertions, we paid up seven years' arrearages and in- stalments of our debt to France, which the inefficiency of our first form of government had suffered to be accumulating : that press- ing on still to the entire fulfilment of our engagements, we have facihtated to Mr. Genet the effect of the instalments of the present year, to enable him to send relief to his fellow citizens in France, threatened with famine : that in the first moment of the insurrec- tion which threatened the colony of St. Domingo, we stepped for- ward to their relief with arms and money, taking freely on ourselves the risk of an unauthorized aid, when delay would have been de- nial : that we have received, according to our best abilities, the wretched fugitives from the catastrophe of the principal town of that colony, who, escaping from the swords and flames of civil war, threw themselves on us naked and houseless, without food or friends, money or other means, their faculties lost and absorbed in the depth of their distresses : that the exclusive admission to sell here the prizes made by France on her enemies, in the present war, though unstipulated in our treaties, and unfounded in her own practice or in that of other nations, as we believe ; the spirit mani- fested by the late grand jury in their proceedings against those who had aided the enemies of France with arms and implements of war ; the expressions of attachment to his nation, with which Mr. Genet was welcomed on his arrival and journey from south to north, and our long forbearance under his gross usurpations and outrages of the laws and authority of our country, do not bespeak the partiali- ties intimated in his letters. And for these things he rewards us by endeavors to excite discord and distrust between our citizens and those whom they have entrusted with their government, be- tween the different branches of our government, between our nation and his. But none of these things, we hope, will be found in his power. That friendship which dictates to us to bear with his con- duct yet a while, lest the interests of his nation here should suffer in- jury, will hasten them to replace an agent, whose dispositions are such a misrepresentation of theirs, and whose continuance here is inconsistent with order, peace, respect, and that friendly correspond- ence which we hope will ever subsist between the two nations. OF THOMAS JEFFERSON. 333 His government will see too that the case is pressing. That it is impossible for two sovereign and independent authorities to be going on within oar territory at the same time without collision. They will foresee that if Mr. Gehet perseveres in his proceedings, the con- sequences would be so hazardous to us, the example so humiliating and pernicious, that we may be forced even to suspend his func- tions before a successor can arrive to continue them. If our citizens have not already been shedding each other's blood, it is not owing to the moderation of Mr. Genet, but to the forbearance of the govern- ment. " Lay the case then immediately before his government. Ac company it with assurances, which cannot be stronger than true, that our friendship for the nation is constant and unabating ; that faithful to our treaties, we have fulfilled them in every point to the best of our understanding; that if in any thing, however, we have construed them amiss, we are ready to enter into candid explana- tions, and to do whatever we can be convinced is right ; that in op- posing the extravagances of an agent, whose character they seeni not sufficiently to have known, we have been urged by motives of duty to ourselves and justice toothers, which cannot but be approv- ed by those who are just themselves ; and finally, that after inde- pendence and self-government, there is nothing we more sincerely wish than perpetual friendship with them." This impressive appeal to the justice and magnanimity of France, was successful. Genet was recalled, and his place supplied by Mr. Fauchet, who arrived in the United States in February, 1794. On the last day of December, 1793, Mr. Jefferson resigned the office of Secretary of State, and retired from political life. This was not a sudden resolution on his part ; nor an unexpected event to his country. The political disagreement between himself and the Secretary of the Treasury, added to his general disinclination to office, was the cause of his retirement. This disagreement, originating in a fundamental difference of opinion, was aggravated by subsequent collisions in the cabinet, was reflected back upon the people, and^ aggravated, in turn, the agitations and animosities be-- tween the repubUcans and federalists, of which they were respect- ively the leaders. On his first introduction upon the political theatre in New York, the general appearance of things, it will be recollected, inspired Mr. Jefferson w^ith distressing presages of the course which the ad- ministration would take, and of the result of his connection with it. The pompous levees of the President, forced on him by the high- 29* 334 LIFE, WRITINGS, AND OPINIONS dying aristocracy with which he was sunounded, the evening- par- ties of the Vice President. Secretary of War, and others, which were flaming imitations of the pageantry and sycophantry of roy- aUsm ; and above all, the general tone of the table conversations, in which a preference of kingly over republican government was evidently the favorite sentiment, filled him with indescribable won- der and mortification. Then followed those scenes of corruption in the Legislature, and of gambling in the public paper, through the country, over which every lover of his country must weep, as the first and foulest stains upon her political escutcheon. Then came the National Bank, with the eternal precedent fixed upon us, of legislative expositions of the constitution subservient to the will and pleasure of the majority in place, — then the excise law, and the commencement of a system of internal taxation, which is the peculiar opprobium of despotism. No sooner had these measures passed, by which the course of administration was clearly indicated, than Mr. Jefferson came to the determination of relinquishing his connection with the govern- ment. Having discovered in a letter from the President, while on a journey to the south, that he intended to resign the administra- tion at the end of his first term, he decided on making that the date of his own retireiiient. This resolution was formed so early LIS April, 1791 ; and first communicated to the President in Febru- ary, 1792. The intelhgence came hke a shock on the mind of General Washington. He had long been aware of the fatal schism in his cabinet, and had labored with unceasing anxiety, to effect a reconciliation ; but that this unhappy circumstance should bring on the retirement of either party, was a calamity which he was not prepared to expect. Washington loved Jefferson ; he almost rev- erenced his talents ; and, as a man and private counsellor, had more confidence in him than any other human being. The private conversations held between these two great public servants, at dif- ferent periods during their official connection, attest the sincerity of their attachment to each other, and the fervor of their devotion to country. While both were incessantly sighing for retirement, each endeavored to dissuade the other from it, as an irremediable public calamity. These several conversations, which place the characters of both in a most amiable and interesting light, shall be grouped together. OF THOMAS JEFFERSON. 335 their substance faithfully stated, and nearly in the langua<2;e in which they were uttered. The first of them was on the 29th of February, 1792. The President had invited Mr. Jeiferson to l>reak- fast with him ; and after conducting him to a private room, said, in an aflectionate tone, that he had felt much concern at an ex- pression which dropped from him yesterday, and which indicated an intention of retiring when he should. That as to himself, many motives obliged him to it. He had, through the whole course of the war, and most particularly at the close of it, uniformly declared his resolution never to act again in any public station ; that he had already twice retired under that firm resolution ; that were he to continue longer in public life it might give occasion to say, that having tasted the sweets of oflice, he could not subsist without them. That he really felt himself growing old, his bodily health less firm, his memory, always bad, becoming worse, and perhaps the other faculties of his mind showing a decay to others, of which he was insensible himself; that this apprehension particulaly op- pressed him ; that he found, moreover, his activity lessened, busi- ness more irksome, and tranquillity become an irresistable passion. That he did not believe his presence necessary, since there were so many other characters who would do the business as well or bet- ter. That however much he felt himself obliged, for these reasons, to retire, he should consider it as unfortunate if that event should bring on the ^retirement of the great officers of the government ; and that this might produce a shock on the public mind of danger- ous consequence. Mr. Jefferson told him, that no man had ever had less desire of entering into public offices than himself ; that the circumstance of a perilous war, which brought every thing into danger, and called for all the services which every citizen could render, had induced him to undertake the administration of the government of Virginia ; that he had both before and after refused repeated appointments of Congress to go abroad in that sort of office, which, if he had con- sulted his own gratification, would always have been most agreea- ble to him ; that on resigning the government of Virginia, at the end of two years, he had retired with a firm resolution never more to appear in public life. That a domestic loss, however, occurred, which made him fancy that a temporary absence and change of scene would be expedient for him ; that he consequently accepted 335 LIFE, WRITINGS, AND OPINIONS a foreign appointment, limited to two years ; at the close of which. Dr. Franklin having left France, he had consented to supply his place, and though he continued in it for three or four years, it was under the constant idea of remaining only a year or two longer ; that the Revolution in France coming on, he had so interested him- self in the event of it, that when obliged to bring his family home, he had still an idea of returning and awaiting the close of that, to fix the era of his final retirement. That on his arrival here, he found he had been appointed to his present office, which he accepted with reluctance, and with a firm resolution of indulging his constant wish of retirement at no very distant day ; that when therefore he had received a letter of the President, of April 1st, 1792, and discovered from an expression in that, his intention of retiring at the end of his first term, his mind was made up to make that the epoch of his own retirement from those labors of which he was heartily tired. That, however, he did not beheve there was any idea in either of his brethren in the administration of retiring ; that, on the contrary, he had perceived at a late meeting of the trustees of the sinking fund, that the Secretary of the Treasury had developed the plan he intended to pursue, and that it embrac- ed years in its view. The President said, that he considered the Treasury department as a much more limited one, going only to the single object of rev- enue, while that of Secretary of State, embracing nearly all the objects of administration, was much more important, and the re- tirement of Mr. Jefferson, therefore, would be more sensibly felt ; that though the government had set out with a pretty general good will of the public, symptoms of dissatisfaction had lately shown themselves far beyond what he could have expected, and to what height they might arise, in case of two great a change in the ad- ministration, could not be foreseen ; that he thought it important to preserve the check of his opinions particularly, in the administra- tion, in order to keep things in their proper channel. That with respect to the existing causes of public uneasiness, he thought there were suspicions against a particular party, which had been carried a great deal loo far ; there might be desires, but he did not beheve there were designs to transform the government into a monarchy ; that the main body of the people in the Eastern States were as steadily for republicanism as in the Southern ; that the constitution we had was OF THOMAS JEFFKRSON'. 33T an excellent one, if we could keep it where it was : that it was in- deed supposed there was a party who wished to change it into a monarchical form, but that he could conscientiously declare there was not a man in the United States, who would set his face more decidedly against it than himself. [Here Mr. Jefferson interrupted him by saying : 'No rational man in (he United States suspects you of any other disposition ; but there does not pass a week, in which we cannot prove declarations dropping from the monarchical party, that our government is good for nothing, is a milk and water thing which cannot support itself, we must knock it down, and set up something of more energy.'] The President said, if that was the case, he thought it a proof of their insanity, for that the republican spirit of the Union was so manifest and so solid, it was astonishing- how any one could expect to move it. He proceeded to express his earnest wish that himself and Hamilton could coalesce in the meas- ures of the government; that he had proposed the same thing to Ham- ilton, who had expressed his readiness. He reiterated his extreme wretchedness in office, went lengthily into the newspaper attacks upon him for levees, 6lc. explained how he had been entrapped in- to them by the persons he consulted in New York, and declared if he could but know what the sense of the public was, he would most cheerfully conform to it. He expressed his grief at the op- position which had arisen to the administration, and considered it an opposition to himself ; that though indeed he had signed many acts which he did not approve in all their parts, yet he had never put his name to one which he did not think, on the whole, was eligible. That as to the bank, a difference of opinion ought to be tolerated, until there was some infallible criterion of reason. He said not a word on the corruption of the legislature, but defended the assump- tion, and justified the excise law. He did not believe the discon- tents had extended far from the seat of government, but if they were more extensive than he supposed, it might be, that the desire for his remaining in the government was not general ; and he wished to be better informed on this head. Mr. Jefferson replied, that in his opinion there was only a single source of these discontents. Though they had indeed appeared to spread themselves over the War department also, yet he considered that as an overflowing only from their real reservoir, to wit, the Treasury department. That a system had there been contrived, 338' LIFE, WRITINGS, AND OPINIONS for deluging- ihe States with paper money, for withdrawing out citizens from the pursuits of commerce, manufactures, and other branches of useful industry, to occupy themselves and their capitals in a species of gambling, destructive of morality, and which had insinuated its poison into the government itself. That it w'as a f:ict as certainly known, as that they were then conversing, that particular members of tlie legislature, while those laws were on the carpet, had feathered their nests Avith paper, had then voted for the .laws, and constantly since lent all the energy of their talents, and instrumentality of their oliices, to the estabhshment a'nd enlarge- ment of this system ; that they had chained it about our necks fur a great length of time, and in order to keep the game in their hands, had, from time to time, aided in making such legislative constructions of the constitution, as made it a very different thing from what the people thought they had submitted to ; that they had now brought forward a proposition far beyond any one ever yet advanced, and to which the eyes of many were turned, as the de- cision which was to let us know whether we live under a limited or an unlimited government. He alluded to a proposition in the report on manufactures, which, under color of giving hoiinties for the encouragement of particular manufactures, meant to establish the doctrine, that the power given by the constitution to collect tax- es to provide for the general welfare, permitted Congress to take every thing under their management which tliey should deem for the public welfare ; consequently, that the subsequent enumera- tion of their powers was not the description to which resort must be had, and did not at all constitute the limits of their authority ; that this was a very different question from that of the bank, which was thought an incident to an enumerated power. He observed, that though the people were sound, there was a numerous sect who had monarchy in contemplation, and that the Secretary of the Treasury was one of these. That he had heard him say our con- stitution was a shilly-shally thing, of mere milk and water, which could not last, and was only good as a step to something better. That when we reflected, that he had endeavored in the Convention to make an English constitution of it, and wdien failing in that, we saw all his measures tending to bring it into the same form, it was natural for him to be jealous ; and particulaily, when we saw that these measures had established corruption in the legislature, wher« OF THOMAS JEFFERSON. 339 there was a squadron devoted to the nod of the Treasury, doing whatever he had directed, and ready to do what he should direct. That if the equiUbrium of the three great bodies, legislative, exec- utive and- judiciary, could be preserved, if the legislature could be kept independent, he should never fear the result of our govern- ment ; but that he could not be otherwise than uneasy, when he saw that the executive had swallowed up the legislative branch. As to the establishment of our credit, the vaunted object of the financial system, &c. all that was necessary for this purpose, was an efficient government and an honest one, declaring it. would sa- credly pay its debts, laying taxes for this purpose and applying them to it. He enforced the great topic of all his conversations and his letters, to wit, the importance of the President's continuing in office another term ; that his presence was absolutely necessary ; that he was the only man in the United States, who possessed the confi- dence of the whole ; that the government was founded in opinion and confidence, and the longer he remained, the stronger would be- come the habits of the people in submitting to it, and thinking it a thing to be maintained ; that there was no other person, who would be thought any thing more than the head of a party. That the discontents, which were more extensive than the President suppos- ed, were not directed against him, but against the subordinate mem- bers of the administration ; that these discontents had, indeed, spread over the whole South ; that they were grounded on seeing their judgments and interests sacrificed to those of the Eastern States, on every occasion, and their belief that it was the effect of a mercenary squadron in Congress, at the command of the Treasury. That as to himself the same reasons did not operate to demand his continuance in the administration ; that his concurrence was of much less importance than the President seemed to imagine ; that he kepthimself aloof from all cabal and correspondence on the sub- ject of the government, and saw and spoke with as few as he could. That as to a coalition with Mr. Hamilton, if by that was meant, that either was to sacrifice his general system to the other, it was im- possible. They had both, undoubtedly, formed their conclusions after the most mature consideration, and principles conscientiously adopted, could not be relinquished on either side. His devout wish and prayer was, to see both Houses of Congress cleansed of all per- sons interested in the bank or public stocks ; and that a pure Legisla- 340 LIFE, WRITINGS, AND OPINIONS tine being given to the country, he should always be ready to acqui- esce under their determinations, even if contrary to his own opin- ions ; for that he subscribed to the principle that the will of the ma- jority, honestly expressed, should give the law.* On the 6th of August, 1793, the President called on Mr. Jeffer- son at his house in the country. He had received a letter from him, of July 31st, announcing his intention of resigning at the close of the following month ; and he made that letter the painful subject of his visit. He now expressed his repentance at not having re- signed himself,! and how painfully it was increased by seeing that he was to be deserted by those on whose aid he most counted ; that he did not know where he should look to find characters to fill the offices ; that mere talents did not suffice for the department of State, but it required a person conversant in foreign affairs, and acquaint- ed with foreign courts ; that Colonel Hamilton had a few weeks before written to him, informing that private ,as well as public rea- sons had brought him to the determination of retiring, and that he should do it towards the close of the next session. He expressed great apprehensions at the fermentation which seemed to be work- ing in the public mind ; that many descriptions of persons, actuated by different causes, appeared to be uniting ; what it would end in he knew not; a new Congress was to assemble, more numer- ous, perhaps of a different spirit ; the first expressions of their sen- timent would be important ; if Mr. Jefferson would only continue with him to the end of that, it would relieve him considerably. Mr. Jefferson expressed to him, in addition to his excessive re- pugnance to public life, the particular uneasiness of his present situ- ation, where the laws of society obliged him always to move exactly in the circle which he knew to bear him pecuHar hatred ; to wit, among the wealthy aristocrats, the merchants connected closely with England, the new created paper fortunes ; that thus sur- rounded, his words were caught, multiJDlied, misconstrued, and even * Ana. + His first term had expired on the 4th of March, 1793. Havinsr consented to a re-election, at the earnest solicitations of all parties, he again received the unanimous vote of the nation. Mr. Adams was also re-elected Vice-President, but not with equal unanimity. Of one hundred and thirty -two votes, Mr. Ad- ams had seventy-seven, and Geo. Clinton of N. York, the republican candidate, lifty. The Slates of Virginia, New-York, North Carolina, and Georgia, were unanimous for Mr. Clinton. Kentucky could not forget the great protector of the West, and gave her vote for Mr. Jefferson, although he was not a candidate. OF THOMAS JEFFERSON. 341 fabricated and spread abroad to his injury ; that he saw also there was such an opposition of views between himself and another part of the administration, as to render it pecuUarly unpleasing, and to destroy the necessary harmony ; that he beheved the next Congress would attempt nothing material, but to render their own body in- dependent ; that the republican party, so far as his knowledge ex- tended, were firm in their dispositions to support the present frame of government ; and that on the whole, no crisis existed, which threatened any danger. The President entreated him to remain in until the end of an- other quarter, the last of December ; which would carry them through the difficulties of the present year, by which time he was satisfied the affairs of Europe would be settled ; either France would be overwhelmed by the Confederacy, or the latter would give up the contest. By that time, too. Congress would have manifested its character. He went lengthily into the difficulties of naming a successor, canvassed the characters of various conspicuous persona- ges, without being satisfied with any of them, except Mr. Madison, whom he despaired of obtaining ; and concluded, by earnestly de- siring Mr. Jefferson to take time and consider whether he could not continue with him another quarter ; for that, hke a man going to the gallows, he was anxious to put it off as long as he could ; but if he persisted, he must then look about him, and do the best he could towards providing a sviccessor.* With the last pressing solicitation of the President, Mr. Jefferson at length complied ; and accordingly postponed his resignation until the last day of the year, 1793, as before stated. The political effects upon the government of the United States, of the retirement of this minister, realized the worst apprehensions of General Wash- ington. They even verified the worst predictions of the opponents of the administration. They broke out wildly, and spread them- selves with accumulative and disastrous potency, through the re- maining period of the eighteenth century ; when they were sud- denly brought to a stand by the triumphant interposition of the peo- ple, in a peaceable and constitutional way. Some developments of that dark history, which have been left by Mr. Jefl^erson, will appear in the succeeding chapter. Meanwhile, the following para- Ana. 30 342 LIFE, WRITINGS, AND OPINIONS ^rapli, extracted from his private papers, will not be thought irrele- vant or uniustructive. "From the moment of my retiring from the administration, the federalists got unchecked hold of General Washington. His mem- ory was already sensibly impaired by age, the firm tone of mind for which he had been remarkable, was beginning to relax, its energy was abated, a listlessness of labor, a desire for tranquillity had crept on him, and a willingness to let others act, and even think for him. Like the rest of mankind, he was disgusted with atrocities of the French revolution, and was not sufficiently aware of the ditference between the rabble who were used as instrumentsof their perpetra- tion, and the steady and rational chai'acter of the American people, in which he had not sufficient confidence. The opposition too, of the republicaris to the British treaty, and the zealous support of the federalists in that unpopular but favorite measure of theirs, had made him all their own. Understanding, moreover, that I disap- proved of that treaty, and copiously nourished with falsehoods by a malignant neighbor of mine, who ambitioned to be his correspond- ent, he had become alienated from myself personall)*, as from the republican body generally of his fellow citizens ; and he wrote the letters to Mr. Adams and Mr. Carroll, over which, in devotion to his imperishable fame, we must for ever weep as monuments of mortal decay." CHAPTER XI. The history of the United States from the commencement of the year 1794, to the memorable epoch of 1800, is a history of unre- mitting struggles between the advocates of monarchy and repub- licanism. This political drama, of which the present recollection is but as a dream of the night, was scarcely less terrible in its course, or less momentous in its consequences, than the internal conflict of the Revolution. The latter, by an unexampled exertion of moral agen- cy, revolutionized the government fiom a monarchical to a repub- lican structure ; the former, by the instrumentality of the same peaceable power, against the same political antagonists, saved it from retrograding into its original deformity. That this was the real ground and nature of the contest, is too notorious to be contro- verted. Without resorting to the private revelations of a principal OP THOMAS JEFFERSON. 343 actor,* touching the secret transactions of the government, and the avowed opinions of its predominant agents, or without recurring to the newspaper confiagrations of that tempestuous season, the pubUc and written history of the United States abounds with satisfactory testimony on tliis point. The third Congress of the United States, the pohticai character of which had been anticipated with great alarm by the monarchical party, and with some uneasiness hj the President, assembled on the 3d of December, 1793. Notwithstanding the atrocious turn of the French Revolution, with which the republican party had be- come identified, irom their sympathy in its -principles only, the last elections had secured a republican majority in the popular branch of the Legislature ; but, as corruption had become the estab- lished principle, at head quarters, the majority was too small not to be easy of debauchery, on questions of vital importance to the party which preponderated in the administration. The political charac- ter of the Senate remained essentially unaltered. At this session, it will be recollected, the celebrated Report of Mr. Jefferson on Commerce and Navigation, was submitted to Congress. The comparative expose which this document presented, of the state of our relations with England and France, displayed in such vivid and incontrovertible contrast the conduct of those governments towards the United States, as had an electric effect iipon the ele- ments of the two political parties. The monarchists, who were chained in theory to the British Constitution, and embarked in the design of assimulating ours to that, whose feehngs and interests were essentially British, considered the Report as an insidious attack upon their patron nation, and an unmanly truckling to France. The republicans, on the other hand, were gratified at seeing a true exposition of our foreign relations held up to the view of the nation; and they espoused with ardor the principle of commercial discrim- ination recommended by the author. This principle had been a favorite one with Mr. Jefferson, from the origin of the government. In his letters to America, while in France, he had constantly and most strenuously enforced the idea. To make the interest of every nation on the globe, stand surety for its justice to us, and to make injury to them follow injury to us, in * JeiFerson's Ana, which abounds in irresistable proofs on this head. o44 LIFE, WRITINGS, AND OPINIONS equal degree, and as surely as effect follows its cause, was his first, and uniform doctrine through life. With respect to the British gov- ernment, in particular, his opinion was, that nothing would force them to do justice, but the loud voice of their people, and that this could only be excited by distressing their commerce. Besides, it would argue injustice, not to say ingratitude, on our part, to admit every nation to an equal participation in the benefits of our com- merce, whilst one loaded us with freedoms, liberalities and courte- sies, and another with burthens, prohibitions and execrations. This was precisely the case as between England and France. In a letter to Mr. Madison, dated Paris, 1789, Mr, Jefferson wrote : " When of two nations, the one has engaged herself in a ruinous war for us, has spent her blood and money to save us, has opened her bosom to us in peace, and received us almost on the footing of her own citizens, while the other has moved heaven, earth, and hell to .exterminate us in war, has insulted us in all her councils in peace, shut her doors to us in every part where her interests would admit it, libeled us in foreign nations, endeavored to poison them against the reception of our most precious commodities ; to place these two nations on a footing, is to give a great deal more to one than to the other, if the maxim be true, that to make unequal quan- tities equal, you must add more to one than the other. To say, in excuse, that gratitude is never to enter into the motives of national conduct, is to revive a principle which has been buried for centu- ries, Vi'ith its kindred principles of the lawfulness of assassination, poison, perjury, (fcc. All of these were legitimate principles in the dark a""e's which intervened between ancient and modern civiliza- tion but exploded and held in just horror in the eighteenth century. I know but one code of morality for men, whether acting singly or i:ollectively. He who says I will be a rogue when I act in compa- ny with a hundred others, but an honest man when I act alone, will be believed in the former assertion, but not in the latter." His ideas on comixierce, and the line of conduct proper to be ob- served towards France and England, are stated more at length in a letter to Elbridge Gerry, about this time : " I do sincerely wish with you, that we could take our stand on a ground perfectly neutral and independent towards all nations. It has been my constant object through my public life : and with re- spect to the English and French, particularly, I have too often ex- pressed to the former my wishes, and made to them propositions, verbally and in writing, officially and privately, to official and pri- vate characters, for them to doubt of my views, if they could be content with equality. Of this they are in possession of several OF THOMAS JEFFERSON. 345 written and formal proofs, in my own hand-writing. But they have wished a monopoly of commerce and influence with us ; and they have in fact obtained it. When Ave take notice that theirs is the workshop to which we go for all we want ; that Avith them centre either immediately or ultimately all the labors of our hands and lands ; that to them belongs either openly or secretly the great mass of our navigation ; that even the factorage of their affairs here, is kept to themselves by factitious citizenships ; that these foreign and false citizens now constitute the great body of what are called our merchants, fill ovu" sea-ports, are planted in every little town and district of the interior country, sway every thing in the former pla- ces by their own votes, and those of their dependents, in the latter, by their insinuations and the influence of their ledgers ; that they are advancing fast to a monopoly of our banks and public funds, and thereby placing our public finances under their control ; that they have in their alliance the most influential characters in and out of office ; when they have shown that by all these bearings on the different branches of the government, they can force it to pro- ceed in whatever direction they dictate, and bend the interests of this country entirely to the will of another ; when all this, I say, is attended to, it is impossible for us to say we stand on independent ground, impossible for a free mind not to see and to groan under the bondage in which it is bound. If any thing after this could excite surprise, it would be that they had been able so far to throw dust in the eyes of our own citizens, as to fix on those who wish merely to recover self government the charge of subserving one foreign influ- ence because they resist submission to another. But they possess our printing presses, a powerful engine in their government of us. At this very moment [1797] they would have drawn us into a war on the side of England, had it not been for the failure of her bank. Such was their open and loud cry, and that of their gazettes, till this event. After plunging us in all the broils of the European nations, there would remain but one act to close our tragedy, that is, to break up our Union ; and even this they have ventured seriously and so- lemnly to propose and maintain by arguments in a Connecticut pa- per. I have been happy, however, in beheving, from the stifling of this effort, that that dose was found too strong, and excited as much repugnance there as it did hoiror in the other parts of our country, and that whatever follies we may be led into as to foreign nations, Ave shall never give up our Union, the last anchor of our hope, and that alone which is to prevent this heavenly country from becoming an arena of gladiators. Much as T abhor Avar, and view it as the greatest scourge of mankind, and anxiously as I wish to keep out of the broils of Europe, I Avould yet go Avith my brethren in these, .rather than separate from them. But I hope we may still keep clear of them, notAvithstanding our present thraldom, and that time may be given us to reflect on the aAvful crisis we have passed 30* 346 LIFE, WRITINGS, AND OPINIONS ihiough, and to find some means of shielding ourselves in future from foreign influence, political, commercial, or in whatever other form it may be attempted. I can scarcely withhold myself from joining in the wish of Silas Deane, that there were an ocean of fire between us and the old world." The sentiment of these letters was precisely in unison with Mr. Jefierson's commercial Report ; and for this he was accused of ser- vility to France, pronounced the High Priest of jacobinism, and branded with every epithet of scurrility, which the genius of vitu- peration could invent ! On the 4th of January, 1794, the House resolved itself into a committee of the whole, on the report of the Secretary of State rela- tive to the privileges and restrictions of the commerce of the United States ; when Mr. Madison arose, and, after some prefatory obser- vations, submitted a series of resolutions for the consideration of the members. These celebrated resolutions were predicated on the principle of commercial discrimination, and embraced the complete idea of Mr. Jefferson's Report. They imposed an additional duty on the manu- factures, and on the tonnage of vessels, of nations having no com- mercial treaty with the United States ; reduced the duties already uiiposed by law on the tonnage of vessels belonging to nations hav- ing such commercial treaty ; and reciprocated the restrictions which were imposed on American navigation. The last of the resolutions declared, that provision ought to be made, for ascertaining the loss- es sustained by American citizens, from the operation of particular regulations of any country, contravening the law of nations; and that these losses be reimbursed, in the first instance, out of the addi- tional duties on the manufactures and vessels of the nation estab- lishing such regulations. Long and acrimonious discussions suc- ceeded, Oil these propositions ; and on the 8th of February, the first was adopted by a majority of five. A motion was then made by the Anglican party, to amend the second by extending its operation to all nations, without discrimin- ation. This motion was superseded by another, from the republi- can side, exempting all nations from its operation, except Great Britain. This brought the contest to a focus ; and, apprehen- sive of the result of such a proposition, even if adopted, the advo- cates of discrimination moved a postponment of the whole subject* imtil the 1st of March, which was carried. OF THOMAS JEFFERSOX. 347 In the mean time, intelligence anived of additional British ag- gressions on our connnerce ; and both parties became sensible that something must be done. The repubUcans were in favor of com- mercial retahation, as the most effectual weapon of resistance, and the only one which the crisis of affairs demanded ; the federalists, though they deprecated the possibility of an open rupture with Great Britain, yet preferred even the horrors and desolations of war, to what they deemed a sacrifice of their patron nation to the interests of her rival. They thought it a favorable opportunity, also, to push for a standing army. A proposition was accordingly submitted to this effect ; and also to empower the President to lay an embargo for thirty days, should the welfare of the country, in his opinion, require it. The former was negatived ; the latter prevailed, on the 26th of March. But the advocates of commercial retaliation were not to be de- terred from tlieir course by any of these feints and diversions. The embargo, shoidd it ever be carried into effect, which indeed was never intended by the movers themselves, would, besides distressing our own commerce, affect the interests of all foreign nations alike ; whereas it was Great Britain alone, who merited the scourge. Mr. Madison, therefore, frequently signified his determination to call up the discriminating resolutions, unless gentlemen had something more effectual to propose. Whereupon, sundry movements and counter movements were attempted, which produced violent alterca- tions, but ended in nothing. Pending the agitation, however, fresh causes of irritation supervened, which excited the republicans to a bolder pitch of proceeding. Mr. Madison's resolutions were not con- sidered strong enough. They gave way, therefore, to a proposition submitted by Mr. Clark, on the 7th of April, declaring that, until the British government should make restitution for all losses and damages sustained by American citizens from British armed vessels, contrary to the law of nations, and also, until the western posts be given up, all commercial intercourse between the United States and Great Britain, so far as respects the products of Great Britain and Ireland, should be prohibited. This proposition created a tre-^ mendous excitement ; the debates were impassioned, tempestuous; at length, the moment of trial approached, and no longer a doubt existed of the passage of the resolution. 348 LIFE, WRITINGS, AND OPINIONS At this crisis, the monarchical federalists resolved on an act of ex- traordinary boldness, in the character of executive usurpation. They went to the President and engaged his interference in oppo- sition to the proceedings of the House, by nominating an Envoy Extraordinary to the British Court ! Sensible of their present as- cendency in the Senate, and uncertain of its continuance, they meant, by forming a commercial treaty with Great Britain analo- gous to their principles and feelings, to erect a permanent barrier against the power of the Legislature to establish a different system of policy towards that nation. It was deemed unsafe to trust the bu- siness in democratic hands. John Jay was accordingly nominated by the President to proceed on this extraordinary mission ; and, af- ter a vigorous but desperate opposition, was confirmed by the Senate. Intelligence of this proceeding of the President, was received with regret and marked disapprobation hj the republican members of the House. They regarded it as an arbitrary interposition of the executive arm, to arrest the adoption of measures, which were man- ifestly in accordance with the sense of the people. They were re- solved not to be diverted from their course, but to testify, at least, the independence of their ])ody. Mr. Clark's proposition was re- sumed, and the debates renewed with increased acrimony. After a slight modification of its principles, the resolution was adopted on the 23d of April. But the bill was rejected in the Senate, by the casting vote of the Vice President. Thus, all attempts to humble the maritime despotism of Great Britain, by making her feel the scorpion lash of her own policy, were defeated by the preponderating influence of British interest and monarchical principles ; and Mr. Jay was dispatched on the humiliating errand of s\ipplicating negotiation at the feet of a mon- arch, who had invariably spurned at negotiation, and rioted in unin- terrupted aggression upon the rights of the ocean. The result of this mission was the famous Jay Treaty, so called, which was " re- ally nothing more," in the language of Mr. Jefferson, "than a treaty of alliance between England and the Anglomen of this country, against the Legislature and people of the United States." The re- maining history of that affair is better known, and need not here be repeated. This single transaction will serve as a specimen, though a very faint one, of the madness of the British monarchical faction. OF THOMAS JEFFERSON-. 349 through the remainder of the present, and the whole of the succeed- ing- administration. Daring these animated proceedings in Congress, which were set in motion by his commercial Report, Mr. Jefiferson was in the bo- som of retirement at Monticello. After five and twenty years' con- tinual employment in the public service, with every wish of per- sonal ambition more tiian gratified, he returned, v/ith infinite appe- tite, to that line of hfe which had always been most congenial to his mind, and from which he was resolved never again to be divorced. In answer to a letter of the Secretary of State, soon after his resig- nation, containing an invitation of the President, pressing his return to the public councils, he wrote : "No circumstances, my dear Sir, will ever more tempt me to engage in any thing public. I thought inyself perfectly fixed in this determination when I left Philadel- phia, but every day and hour since has added to its inflexibility. It is a great pleasure to me to retain the esteem and approliaticn of tlie President, and this forms the only ground of any reluctance at being unable to comply Avith every wish of his. Pray convey these sentiments and a thousand more to him, which my situation does not permit me to go into."' In the cultivation of his farm, Avith which he was at all times extravagantly enamored, and to which he was now intently devo- ted, Mr. Jefferson was as philosophical and original, as in every other department of business to which his attention Avas turned. On and around the mountain, on which Monticello is situated, was an estate of about 5000 acres, Avhich he owned ; of Avhich, eleven hundred and twenty acres only Avere under cultivation. A ten years' abandonment of his lands to the ravages of overseers, had brought on them a degree of degradation, far beyond what he had expected ; and determined him on the folloAving plan for retrieving them from the wretched condition in Avhich he found them. He divided all his lands under culture, into four farms, and every farm into seven fields, of forty acres. Each farm, therefore, consisted of two hundred and eighty acres. He established a system of rotation in cropping, Avhich embraced seven years ; and this was the reason for the division of each farm into seven fields. In the first of these years, wheat was cultivated ; in the second, Indian corn ; in the third, peas or potatoes ; in the fourth, vetches ; in the fifth, Avheat ; and in the sixth and seventh, clover. Thus each of his fields 350 LIFE, WRITING.^', AZ^D OPINIONS yielded some produce every year, and the rotation of culture, while it prepared the soil for the succeeding crop, increased its produce. Each farm, under the direction of a particular steward or bailiff", was cultivated by four negroes, four negresses, four oxen, and four horses. On each field was constructed a barn sufficiently capacious to hold its produce in grain and forage. A few extracts from his private correspondence, at this period, will show how completely his mind v^'as abstracted from the political world, and absorbed in the occupaLions and enjoyments of hi? rural retreat. To James Madison. — "I long to see you. I am proceeding in my agiiculturni plans with a slow but sure step. To get under full way will require tour or live years. But patience and perseverance will accomplish it. My little essay in red clover, the last year, ha^ had the most encouraging success. I sowed then about forty acres. I have sowed this year about one hundred and tw^enty, which the rain now falhng comes very opportunely on. From one hundred and sixty to t^vo hundred acres, \\ ill be my yearly sowing. The secd-ljox described in the agricultural transactions of New- York, re- duces the expense of seeding from six shillings to two shillings and three pence the acre, and does the business better than is possible to be done l)y the human hand." To \\. B. Giles. — '• 1 sincerely congratulate you on the great prosperities of our two first allies, the French and Dutch. If I could but see them now at peace with the rest of their continent, I should have little doubt of dining with Pichegru in London, next autumn ; for I believe I should be tempted to leave my clover for a while, and go and hail the dawn of liberty and republicanism in that island. I shall be rendered very happy by^ the visit you prom- ise me. The only thing wanting to make me completely so, is the more frequent society of my friends. It is the more wanting, as I a|n become moi'e firmly fixed to the glebe. If you visit me as a farmer, it must be as a condisciple ; for I am but a learner, an eager one indeed, but 3^et desperate, being too old to learn a new art. HoW'ever, I am as much delighted and occupied with it, as if I was the greatest adept. I shall talk with you about it from morning till night, and put you on very short allowance as to political aliment. ISow and then a pious ejaculation for the French and Dutch repub- licans, returning with due despatch to clover, potatoes, wheat, &c." ToM. PactE. — "It was not in my power to attend atFredricks- burg according to the kind invitation in your letter, and in that of Mr. Ogilvie. The heat of the weather, the business of the farm, to which I have made myself necessary, forbade it; and to give one round reason for all, mature samis, I have laid up my Rosinante in his stall, before his unfitness for the road shall expose liira faltering OF THOMAS JEFFRSOX. 351 to the \vorld. But why did not I answer you in time? Because, in truth, I am encouraging myself to grow lazy, and I was sure you would ascribe the delay to any thing sooner than a w^ant of affection or respect to you, for this was not among the possible causeg. In truth, if any thing could ever induce me to sleep another night out of my own house, it would have been your friendly invitation and my sohcitude for the subject of it, the education of our youth. I do most anxiously wish to see the highest degrees of education given to the higher degrees of genius, and to all degrees of it, so much as may enable them to read and understand what is going on in the world, and to keep their part of it going on right : for nothing can keep it right but their own vigilant and distrustful superintendence." To E. Randolph. — "I think it is Montaigne who has said, that ignorance is the softest pillow on which a man can rest his head. I am sure it is true as to every thing political, and shall endeavor to estrange myself to every thing of that character. I indulge myself on one political topic only, that is, in declaring to my coimtrymen the shameless corruption of a portion of the Representatives in the first and second Congresses, and their implicit devotion to the treas- ury. I think 1 do good in this, because it may produce exertions to reform the evil, on the success of which the form of the government is to depend." With the peaceful operations of agriculture, Mr. Jefferson combined another gratification which divided his heart equally with them — to wit, the pursuit of science. In compUment to his extraordinary pas- sion for philosophy, and his exalted attainments in science, he was about this time, appointed President of the American Philosophical Society, the oldest and most distinguished institution in the United States. This honor had been first conferred on Dr. Frankhn, and afterwards on Rittenhouse, at whose death Mr. Jefferson was chosen. His sensibility to this mark of distinction, was more profound than he had ever felt on any occasion of political preferment. " The suf- frage of a body," said he in reply, " which comprehends whatever the American world lias of distinction in philosophy and science in general, is the most flattering incident of my life, and that to which I am the most sensible. My satisfaction would be complete, were it not for the consciousness that it is far beyond my titles. I feel no qualification for this distinguished post, but a sincere zeal for all the objects of our institution, and an ardent desire to see knowledge so disseminated through the mass of mankind, that it may, at length, reach even the extremes of society, beggars, and kings." \ 352 LIFE, WRITINGS, AND OPINIONS Of this Society he was the pride and ornament. He presided over it for a number of years with great efficiency and eclat, eleva- ting its character, and extending its operations, by tljose means which his enlarged acquaintance with science, and the literary world, en- abled him to comiTjand. His constant attendance at its meetings, Avhile he resided in Philadelphia, gave them an interest which had not been excited for a number of years. Science, under his aus- pices, received a fresh impulse, as will appear by consulting the Transactions of that period, which were enriched by many valu- able contributions from himself. But it was impossible for Mr. Jefferson utterly to extinguish that inbred fervor of republicanism for which he was so remarkable, or those anxieties for its preservation and purity, which \veighed on him so heavily, at times. He had left Philadelphia net without some inquietude for the future destinies of the government, yet with a confidence so peculiar to himself, in every emergency, as never permitted him to doubt the final result of the experiment. Some personal concern, also, for the fate of his commercial Report, which he had left unacted upon, occasionally obtruded itself upon his re- tirement. The sensations excited in his mind, on the first intelli- gence of that absurd drama in Congress, which immediately suc- ceeded his departure, and which resulted in the nomination of an Envoy Extraordinary to the British Court, are liberally displayed in his letters of that date. His observations on the turbulent pro- ceedings of that session, and its principal actors, on the memorable " Jay treaty," and its effects upon political parties, and on the gen- eral aspect of the public affairs during the years 1794, '95, and '96, are worthy of all consideration. To James Madison. — "I have been particularly gratified by the receipt of the papers containing yours and Smith's discussion of your regulating propositions. These debates had not been seen here but in a very short and mutilated form. I am at no loss to ascribe Smith's speech to its true father. Every tittle of it is Ham- ilton's except the introduction. There is scarcely any thing there which I have not heard from him in our various private, though offi- cial discussions. The very turn of the arguments is the same, and others will see as well as myself that the style is Hamilton's. The sophistry is too fine, too ingenious, even to have been comprehended by Smith, much less devised by him. His reply shows he did not understand his first speech ; as its general inferiority proves its Jegit^ OF THOMAS JEFFERSON. 353 imacy, as evidently as it does the bastardy of the original. Yoii know we had understood that Hamilton had prepared a counter re- port, [on conniierce,] and that some of his humble servants in the Senate were to move a reference to him in order to produce it. But I suppose they thought it would have a better effect, if fired oil' in the House of Representatives. I find the report, however, so fully justified, that the anxieties with which I left it are perfectly quieted. In this quarter, all espouse your propositions with ardor, and with- out a dissenting voice. * * * As to the naval armament, the land armament, and the marine fortifications which are in question with you, I have no doubt they will all be carried. Not that the monocrats and papermen in Congress want war ; but they want ar mies and debts ; and though we may hope that the sound part of Congress is now so augmented as to insure a majority in cases of general interest merely, yet I have always observed that in ques- tions of expense, where members may hope either for offices or jobs for themselves or their friends, some few will be debauched, and that is sufficient to turn the decision where a majority is, at most, but small. I have never seen a Philadelphia paper since I left it, till those you enclosed me ; and I feel myself so thoroughly weaned from the interest I took in the proceedings there, while there, that I have never had a wish to see one, and believe that 1 shall never take another newspaper of any sort. I find my mind totally absorbed in my rural occupations." To T. CoxE. — " I am particularly to thank you for your favor in forwarding the Bee. Your letters give a comfortable view of French affairs, and later events seem to confirm it. Over the for- eign powers I am convinced they will triumph completely, and I cannot but hope that that triumph, and the consequent disgrace of the invading tyrants, is destined, in the order of events, to kindle the wrath of the people of Europe against those who have dared to embroil them in such wickedness, and to bring at length, kings, no bles, and priests to the scaffolds which they have been so long delug- ing with human blood. I am still warm whenever I think of these scoundrels, though T do it as seldom as I can, preferring infi nitely to contemplate the tranquil growth of my lucerne and pota- toes. I have so completely withdrawn myself from these specta- cles of usurpation and misrule, that I do not take a single newspa- per, nor read one a month : and I feel myself infinitely the happier for it. "We are alarmed here with the apprehensions of Avar ; and sincere- ly anxious that it may be avoided ; but not at the expense either of our faith or honor. It seems much the general opinion hoe, the latter, has been too much wounded not to require reparation, and to seek it even in war, if that be necessary. As to myself, I love peace. and I am anxious that we should give the world still another use- 31 Oo4 LIFE, WRITINGS, AND OPINIONS ful lesson, by showing to them other modes of punishing injuries than by war, which is as much a punishment to the punisher as to the sufferer. I love, therefore, Mr. Clarke's proposition of cutting oft" all communication with the nation which has conducted itself so atrociously. This you will say may bring on war. If it does, we will meet it like men ; but it may not bring on war, and then the <:;xperiment will have been a happy one. I believe this war would be vastly more unanimously approved than any one wc ever were engaged in ; because the aggressions have been so wanton and bare-faced, and so unquestionably against our desire." To J. Madison. — " The denunciation of the democratic socie- ties is one of the extraordinary acts of boldness of which we have seen so many from the faction of monocrats. It is wonderful in- deed, that the President should have permitted himself to be the or- 2,"an of such an attack on the freedom of discussion, the freedom of writing, printing, and publishing. It must be a matter of rare cu- riosity to get at the modifications of these rights proposed by them, and to see what line their ingenuity would draw between demo- cvatical societies, whose avowed object is the nourishment of the re- publican principles of our constitution, and the society of the Cin- ■innati, a self-created one, carving out for itself hereditary distinc- tions, lowering over our constitution eternally, meeting together in all parts of the Union, periodically, with closed doors, accumulating a capital in their separate treasury, conesponding secretly and reg- ularly, and of which society the very persons denouncing the demo- crats are themselves the fathers, founders, and high officers. Their sight must be perfectly dazzled by the glittering of crowns and cor- onets, not to see the extravagance of the proposition to suppress the friends of general freedom, while those who v/ish to confine that freedom to the few, are permitted to go on in their principles and practices. I here put out of sight the persons whose misbehavior has been taken advantage of to slander the friends of popular rights ; and I am happy to observe, thai as far as the circle of my observa- tion and information extends, every body has lost sight of them, and views the abstract attempt on their natural and constitutional rights in all its nakedness. I have never heard, or heard of, a single ex- pression or opinion which did not condemn it as an inexcusable ag- gression. And with respect to the transactions against the excise law, it appears to me that you are all swept away in the torrent of governmental opinions, or that we do not know what these transac- f ions have been. We know of none which, according to the defin- itions of the law, have been any thing more than riotous. There was indeed a meeting to consult about a separation. But to consult on a question does not amount to a determination of that question in the affirmative, still less to the acting on such a determination : but i^e shall see. I suppose, what the court lawyers, and courtly judges, OF THOMAS JEFFERSON. 355 and woulcl-be ambassadors will make of it. The excise law is an infernal one. The first error was to admit it by the constitution : the second, to act on that admission : the third and last will be, to make it the instrument of dismembering the Union, and setting iis all afloat to choose what part of it we will adhere to. " * * " However, the time is coming when we shall fetch up the lee- way of our vessel. The changes in your House, I see, are going on for the better, and even the Augean herd over your heads are slowly puiging off tiiei)- impurities. Hold on then, my dear friend, that we may not shipwreck in the mean while. I do not see, in the minds of those with whom I converse, a greater affliction than the fear of your retirement ; but this must not be, unless to a more splendid arid a more etiicacious post. There I should rejoice to see you ; 1 hope I may say, I shall rejoice to see you. I have long had much in my mind to say to you on that subject. But double delicacies have kept me silent. I ought perhaps to say, while 1 would not give up my own retirement for the empire of the universe, how I can justify wishing one whose happiness I have so much at heart as yours, to take the front of the battle which is fighting for my secur- ity. This would be easy enough to be done, but not at the heel of a lengthy epistle." To M. Page. — " I do not beheve with the Rochefoucaults and Montaignes, that fourteen out of fifteen men are rogues ; I believe a great abatement from that proportion may be made in favor of general honesty. But I have always found that rogues would be uppermost, and I do not know that tlie proportion is too strong for the higher orders, and for those who, rising above the swinish mul- titude, always contrive to nestle themselves into the places of power and profit. These rogues set out with stealing the peoples' good opinion, and then steal from them the right of- withdrawing it, by contriving laws and associations against the power of the people themselves. Our part of the country is in considerable fermentation on what they suspect to be a recent roguery of this kind. They say that while all hands were below deck mending sails, splicing ropes, and every one at his own business, and the captain in his cal)- in attending to his log book and chart, a rogue of a pilot has run them into an enemy's port. But metaphor apart, there is much dis- satisfaction with Mr. Jay and his treaty. For my part, I consider myself now but as a passenger, leaving the world and its govern- ment to those who are likely to live longer in it. That you may be among the longest of these, is my sincere prayer." To J. Madison. — " Hamilton is really a colossus to the anti- republican party. Without numbers, he is an host within himself. They have got themselves into a defile, where they might be finish- ed ; but too much security on the republican part will give time to 356 LIFE, WRITINGS, AND OPINIONS liis talents and indefatigableness to extricate them. We have had only middling performances to oppose to him. In truth when he comes forward, there is nobody but yourself who can meet him. His adversaries having begun the attack, he has the advantage of an swering them, and remains unanswered himself. A solid reply might yet completely demolish what was too feebly attacked, and has gathered strength from the weakness of the attack. The mer- chants were certainly (except those of them who are English) as open-mouthed at first against the treaty, as any. But the general expression of indignation has alarmed them for the strength of the government. They have feared the shock would be too great, and have chosen to tack about and support both treaty and government, rather than risk the government. Thus it is, that Hamilton, Jay, &c. in the boldest act they ever ventured on to undermine the gov- ernment, have the address to screen themselves, and direct the hue and cry against those who wished to drag them into light. A bold- er party-stroke was never struck. For it certainly is an attempt of a party, who find they have lost their majority in one branch of the legislature, to make a law by the aid of the other branch and of the executive, under color of a treaty, which shall bind up the hands of the adverse branch from ever restraining the commerce of their pat- ron nation. There appears a pause at present in the pubhc senti- ment, which may be followed by a revulsion. This is the efiiect of the desertion of the merchants, of the President's chiding answer to Boston and Richmond, of the vv'ritings of Curtius and Camillus, and of the quietism intowhicli people naturally fall after first sensations are over. For God's sake take up your pen, and give a fundamen- tal reply to Curtius and Camillus." To J. Monroe. — " The British treaty has been formally, at length, laid before Congress. All America is a tiptoe to see what the House of Representatives will decide on it. We conceive the constitutional doctrine to be, that though the President and Senate have the general power of making treaties, yet wherever they in- clude in a treaty matters confided by the constitution to the three branches of legislature, an act of legislation will be requisite to con- firm these articles, and that the House of Representatives, as one branch of the legislature, are perfectly free to pass the act or to re- fuse it, governing themselves by their own judgment whether it is for the good of their constituents to let the treaty go into efilect or not. On the precedent now to be set will depend the future construc- tion of our constitution, and whether the powers of legislation shall be transferred from the President, Senate, and House of Representa- tives, to the President and Senate, and Piamingo or any other In- dian, Algerine, or other chief. It is fortunate that the first decision is to be in a case so palpably atrocious, as to have been predetermined OF THOMAS JEFFERSON. 357 by all America. The appointment of Ellsworth Chief Justice, and Chase one of the judges, is doubtless communicated to you." To J. Monroe. — " The campaign of Congress has closed. Though the Anglomen have in the end got their treaty through, and so far have triumphed over the cause of republicanism, yet it has been to them a dear-bought victory. It has given the most rad- ical shock to their party which it has ever received : and there is no doul3t, they would be glad to be replaced on the ground they pos- sessed the instant before Jay's nomination extraordinary. They see that nothing can support them but the colossus of the President's merits with the people, and the moment he retires, that his successor, if a monocrat, will be overborne by the republican sense of his con- stituents ; if a republican, he will of course give fair play to that sense, and lead things into the channel of harmony between the governors and governed. In the mean time, patience." To J. Monroe. — -" Congress have risen. You will have seen by their proceedings the truth of what I always observed to you, that one man outweighs them all in influence over the people, who have supported his judgment against their own and that of their re- presentatives. Republicanism must lie on its oars, resign the vessel to its pilot, and themselves, to the course he thinks best for them. I had always conjectiaed, from such facts as I could get hold of, that our public debt was increasing about a million of dollars a year. You will see by Gallatin's speeches that the thing is proved. You will see farther, that we are completely saddled and bridled, and that the bank is so firmly mounted on us that we must go where they will guide." To P. Mazzei, (in Europe.) — " The aspect of our politics has wonderfully changed since you left us. In place of that noble love of liberty and repubUcan government which carried us triumphant- ly through the war, an Anghcan monachical and aristocratical par- ty has sprung up, whose avowed object is to draw over us the sub- stance, as they have already done the forms, of the British govern- ment. The main body of our citizens, however, remain true to their republican principles : the whole landed interest is republican, and so is a great mass of talents. Against us are the executive, the judiciary, two out of three branches of the legislature, all the officers of the government, all who want to be officers, all timid men who prefer the calm of despotism to the boisterous sea of liberty, British merchants and Americans trading on British capitals, speculators and holders in the banks and public funds, a contrivance invented for the purposes of corruption, and for assimilating us in all things to the rotten as well as the sound parts of the British model. It would give you a fever were I to name to you the apostates who have gone over to these heresies, men who were Samsons in the field and Solo- 31* 358 LIFE, WRITINGS, AND OPINIONS inons in the council, but, who have had their heads shorn by the harlot England. In short, we are likely to preserve the liberty we have obtained only by unremitting labors and perils. But we shall preserve it ; and our mass of weight and wealth on the good side is so great, as to leave no danger that force will ever be attempted against us. We have only to awake and snap the Lilliputian cords with which they have been entanghng us during the first sleep which succeeded our labors. " I begin to feel the effects of age. My health has suddenly bro- ken down, with symptoms which give me to believe I shall not have much to encounter of the tedium vitoe. While it remains, however, my heart will be warm in its friendships, and among these, will always foster the affections with which I am, Dear Sir. your friend and servant." The last of the above letters is somewhat celebrated in the politi- cal history of the dark ages of our Republic. The circumstances which have given it notoriety, aside from its remarkable merits as an epistolary essay, are these. It was written to an Italian, an inti- mate and confidential friend of Mr. Jefferson, who had passed some years in the United States, in the vicinity of Monticello. It was a long letter of business, in w4iich was the single paragraph only of political matter, inserted above. This paragraph was extracted. published in a Florence paper, republished in the Moniteur of Paris, and an additional sentence interpolated, which made Mr. Jefferson charge his own country with ingratitude and injustice to the French nation. This was at a time when the dominant party in France were laboring under very general disfavor, and their friends were ea- ger to catch at every circumstance to buoy them up. The sentence respecting France was an entire fabrication. There was not a word m tiie Vv'hole letter relating to France, or any of the proceedings or relations between this country and that. In this interpolated form, it was copied into the newspapers of the United States, made a sub- ject of exaggerated commentary by the editors, and a never failing source of crimination and calumny against Mr. Jefferson and the re- publican party. In the genuine letter, of which the author retain- ed a press-copy, and of which the controverted paragraph is given en- lire, there was not one word which would not then have been, or would not now be approved by every republican in the United States, looking back to the times in which it was written. Instead of be ino" libeled, and made a theme of reprobation, itshoidd be written in sunbeams, in eternal honor of the author, and engraved upon the OP THOMAS JEFFERSON. 359 heart of every American, in everlasting testimony against that peri- od, of which it presents so terrible yet faithful a portrait. A great handle was made of this letter to produce a rupture be- tween the writer and General Washington. Besides the interpolated sentence, and the mutilated hue which the translations through Italian and French into English, gave the whole paragraph, a mis- translation of a single word entirely perverted its meaning, and made it a pliant text of copious misrepresentations of the author. The w'ord ' forms' in the first sentence, was rendered form, so as to make Mr. Jefferson express hostiUty to the present frame or organi- zation of government. Whereas the ' forms' there meant, were the levees, birth-days, the pompous cavalcade to the capitol on the meeting of Congress, the formal speech from the throne, the pro- cession of Congress to re-echo the speech in an answer, &c. &c. Of all these, it is true, the writer of that letter was an avowed, an implacable enemy, and intended, on that occasion, to express his unquahfied reprehension. Now General Washington perfectly un- derstood what was meant by these forms, as tliey had been frequent subjects of conversation between him and Mr. Jefferson. On these occasions he always joined in condemning them, explained the cir- cumstances by w^iich the aristocrats had inveigled him into them, and afterwards took measures to prevent their repetition. When the term of his second election arrived, he called the heads of de- partments together, observed that a proper occasion was now offered, of revising the ceremonies established, and desired them, by con- sulting together, to agree on such changes as they should think pro- per. Hamilton concurred with Mr. Jefferson at once, that there was too much ceremony for the character of our government, and par- ticularly, that the parade of the installation at New- York ought not to be copied ; that the President should desire the Chief Justice to at- tend him at his chambers, and administer the oath of office to him in the presence of the higher officers of the government. Randolph and Knox differed from them ; the latter vehemently. As the opinions of the Cabinet were divided, and no positive decision given, no change was made. The phrase ' Samsons in the field,' it was always said, was intended to include Gen. Washington under the general charge of apostacy. But himself never so understood it. He knew" that it was meant for the officers of the Cincinnati generally, and that, from what had 360 LIFE, WRITINGS, AND OPINIONS passed between him and Mr. Jefferson at the commencement of the institution, it was not intended to include him. So far from his having called the author to an account, as has been gravely pub- lished, for these expressions in the letter to Mazzei, there never pas sed a word, written oi verbal, directly or indirectly, between them on the subject ; and their last parting, which was at the inauguration of Mr. Adams in '97, was warmly affectionate. General Washington never would have incurred such a degradation as to have appropria- ,ted to himself the imputation in that letter on the ' Samsons in combat.'* Unwearied stratagems were used to alienate the President from his late Secretary of State. The latter was represented as indus- triously engaged in promoting the opposition to the government. But if there was any one thing for which he was remarkable, it was his singular forbearance in this respect. It is an extraordinary fact in Mr. Jefferson's Ufe, that he never wrote a paragraph for the news- papers. The only channel of communication which he employed, for making known his sentiments abroad, was that of private corres- pondence ; and he always restrained it to those on whose fidelity he could sacredly rely against a public divulgation. It would be diffi- cult to assign a motive for his singular caution on this head, unless it were an immeasurable desire for tranquillity. Every public in- ducement would certainly have constrained him to a different course; for he had declared, that ' were it left to himself to decide, whether we should have a government without newspapers, or newspapers without a government, he should not hesitate a moment to prefer the latter.' Much as he idolized the freedom of the press, as the on- ly safeguard of the public liberty, and preservative against human error, he never appropriated to his own use any portion of its effica- cy ; not even for the puiposes of self defence, against the unparal- leled torrent of obloquy with which he was assailed for thirty years. This curious fact, which would not have been credited by the past generation, appears in many of his letters, and particularly in one to General Washington, written at this period. « I have formerly mentioned to you, that from a very early period of my life, I had laid it down as a rule of conduct never to write a word for the public papers. From this, I have never departed in a * Letter to Martin Van Buren, 1824. OF THOMAS JEFFERSON. 361 single instance ; and on a late occasion, [the British treaty,] when all the world seemed to be writing, besides a rigid adherence to my own rule, I can say with truth, that not a line for the press was ever communicated to me, by any other, except a single petition referred for my correction ; which I did not correct, however, though the contrary, as I have heard, was said in a public place, by one person through error, through malice by another. I learn that this last has thought it worth his while to try to sow tares between you and me, by representing me as still engaged m the bustle of politics, and in turbulence and intrigue against the government. I never believed for a moment that this could make any impression on you, or that your knowledge of me would not overwf^igh the slander of an in- triguer, dirtily employed in sifting the (Muversations of my table, where alone he could hear of me ; and seeking to atone for his sins against you by sins against another, who had never done him any other injury than that of declining his confidences. Political con- versations I really dislike, and therefore avoid where I can without affectation. But when urged by others, I have never conceived that having been in public life requires me to belie my sentiments, or even to conceal them. When I am led by conversation to ex- press them. I do it with the same independence here, which I have practised every where, and which is inseparable from my nature."' Early in the year 1795, the two great parties of the nation became firmly arrayed against each other, on the question of providing a successor to General Washington. The withdrawal from the scene of competition, of the only man in the United States who united the choice of all parties, created the first occasion of a dispu- ted election to the Presidency. Mr. Adams was taken up by the monarchical federalists, and by the aristocratical party generally, who, by the patronage of the government, by the duperies which they practised, and the 'terrorism with which they surrounded them- -selves,' drove all the moderate federalists, and many honest repub- licans into their ranks. Mr. JefTerson was undividedly designated as the republican candidate. His name was brought forward with- out concert or approbation on his part, and, indeed, in opposition to his express wishes. In answer to a letter from Mr. Madison, on the subject, in April, '95, he communicated his dispositions frankly and decidedly. After expressing the first wish of his heart, which was to see his correspondent himself at the head of the government, as the fittest person in the United States for that office, he says : "For as to myself, the subject had been thoroughly weighed and decided on, and my retirement from office had been meant from all office, high or low, without exception. I can say, too, with truth. 362 LIFE, "WRITINGS, AND OPINIONS that the subject had not been presented to my mind by any vanity of my own. I know myself and my fellow citizens too well to have ever thought of it. But the idea was forced upon me by con- tinual insinuations in the public papers, while I was in office. As all these came from a hostile quarter, I knew that their object was to poison the public mind as to my motives, when they were not able to charge me with facts. But the idea being once presented to me, my own quiet required that I should face it and examine it. I did so thoroughly, and had no difficulty to see that every reason which had determined me to retire from the office I then held, op- erated more strongly against that which was insinuated to be my object. I decided then on those general grounds which could alone be present to my mind at that time, that is to say, reputation, tran- quilUty, labor ; for as to public duty, it could not be a topic of con- sideration in my case. If these general considerations were suffi- cient to ground a firm resolution never to permit myself to think of the office, or be thought of for it, the special ones, wliich have su- pervened on my retirement, still more insuperably bar the door to it. My health is entirely broken down within the last eight months ; my age requires that 1 should place my affiiirs in a clear state ; these are sound if taken care of, luit capable of considerable dangers if longer neglected ; and above all things, the delights I feel in the society of my family, and in the agricultural pursuits in which I am so eagerly engaged. The little spice of ambition which I had in my 3^ounger days, has long since evaporated, and I set still less store by a posthumous than present name. In stating to you the heads of reasons which, have produced my determination, I do not mean an opening for future discussion, or that 1 may be reasoned oxit. of it. The ([uestion is for ever closed with me ; my sole object is to avail myself of tl^e first ojiening ever given me from a friendly quar- ter (and I could fnot with decency do it before) of preventing any division or loss of votes, which might be fatal to the republican in- terest." There can be no doubt that these were the I'eal sentiments of Mr. Jefferson. Writing to a bosom friend, with whom he was in habits of unlimited trust and counsel, lie could have no possible motive to dissemble, but every rational one to avoid it. They were too anal- ogous, also, to the whole tenor of his previous declarations, and to all his attachments to philosophy, agriculture and domestic retire- ment, not to preclude every suspicion of their sincerity. The contest was conducted with great asperity. In fierceness and turbulence of character, in the temper and dispositions of the respective parties, and in the principles which were put in issue, the contest so strongly resembled those, of which the present generation OF THOMAS JEFFERSON. 363 have been frequent eye-witnesses and actors, as to render a descrip- tion unnecessary. The issue is well known. The struggle of the people against the party in power, and who have abused that power to the strengthening of their own hands, is always an unequal one ; and was lost, on the present occasion, by the trans- cendent popularity of the existing incumbent, which was dexterous- ly made a stalking horse by the ' monocrats' for carrying their can- ditlate into the succession. The majority, however, was too incon- siderable to make it a triumph. On counting the electoral votes in February, 1797, it appeared there were seventy-one for Mr. Adams, and sixty-eight for Mr. Jefferson. But the difference was still less between the real vote, which was 70 to 69 ; for one of the Pennsyl- vania* electors was excluded, in consequence of some informality, and one who was not an elector, was admitted. Had the same rig- or of construction been observed, in other cases of irregularity, the result of the election, in all probability, would have been reversed. The validity of the Vermont election was a subject of long and rea- sonable doubt, on the ground of informahty. But Mr. Jefferson would not permit his friends to raise a question on it before the House. In aletter to Mr. Madison, dated January 16, 1797, about a month before the electoral votes were counted, he wrote : " I observe doubts are still expressed as to the validity of the Vermont election. Surely, in so great a case, substance, and not form, should prevail. I cannot suppose that the Vermont constitution has been strict in requiring particular forms of expressing the legislative will. As far as my disclaimer may have any effect, I pray you to declare it on every occasion, foreseen or not foreseen by me, in favor of the choice of the people substantially expressed, and to prevent the phenome- non of a pseudo-President at so early a day." A similar instance of magnanimity towards his competitor, was manifested by Mr. Jefferson on another occasion during the elec- tion. At one time, it was pretty generally conjectured, that the vote would be equally divided between the opposing candidates ; in which event the election would have devolved on the House of Rep- resentatives, which was likewise believed to be about equally divided. * The States of Pennsylvania, North-Carolina, South-Carolina, Georgia, Kentucky and Tennessee, voted for Mr. Jefferson. The New-England States, with N. York, N. Jersey and Delaware, voted for Mr. Adams. Maryland gaye scxen votes for Mr. Adams, and four for Mr. Jefferson. 364 LIFE, WRITINGS, AND OPINIONS Foreseeing the possibility of such a dilemma, he wrote to Mr. Mad- ison, under dateof December 17, 1796, authorizing and requesting him, in that event, to manifest his disclaimer in favor of Mr. Adams. " The first wish of my heart was, that yoa should have been proposed for the administration of the government. On your de- clining it, I wish any body rather than myself: and there is noth- ing I so anxiously hope, as that my name may come out either sec- ond or third. These would be indifferent to me ; as the last would leave me at home the whole year, and the other, two-thirds of it. I have no expectation that the Eastern States will suffer themselves to be so much outwitted, as to be made the tools for bringing in P. instead of A. I presume they will throw away their second vote. In this case, it begins to appear possible, that there may be an equal division where I had supposed the republican vote would have been considerably minor. It seems also possible, that the Representatives may be divided. This is a diffculty from which the constitution has provided no issue. It is both my duty and inclination, there- fore, to reUeve the embarrassment, should it happen : and in that case, I pray you, and authorize you fully, to solicit on my behalf that Mr. Adams may be preferred He has always been my senior, from the commencement of our public life, and the expression of the public will being equal, this circumstance ought to give him the preference. And when so many motives will be operating to induce some of the members to change their vote, the addition of my wish may have some effect to preponderate the scale." So soon as the event of the election became known, Mr. Jeffer- son made every exertion to re-establish harmony between himself and Mr. Adams. They had been cordial friends from the begin- ning of the Revolution until their return from Europe. After their reunion on this side the Atlantic, various little circumstances occur- red, which produced a coldness and partial estrangement on the part of Mr. Adams. But none of these things, it appears, had af- fected the mind of Mr. Jellerson. The deviation of his revolution- ary co-worker from that line of politics, on which they had been united, had not made him less sensible of the rectitude of his heart, He wished him, most devoutly, to know this, as well as another truth, that he was sincerely gratified at having escaped the 'late draught for the helm,' and had not a wish to which his friend pre- sented an obstacle. That he should be convinced of these truths was important to their mutual satisfaction, and perhaps to the har- mony and good conduct of the public service. Accordingly, he ad- dressed a letter to Mr. Madison, in which he enclosed another to Mr, OF THOMAS JEFFERSON. 365 Adams, stating the undiminished cordiahty of his attachment, iu the most affecting terms ; and concluding with the sincere prayer that his administration might be filled with glory and happiness to himself, and advantage to the nation. The following selections from his correspondence at this period, display a character, to which the world has hitherto attached little credit, in the estimates which it has put upon this extraordinary per- sonage. To J. Madison. — "It is difficult to obtain fidl credit to declara- tions of disinclination to honors, and most so with those who still remain in the world. But never was there a more solid unwilling- ness, founded on rigorous calculation, formed in the mind of any man, short of peremptory refusal. No arguments, therefore, were necessary to reconcile me to a relinquishment of the first office, or acceptance of the second. No motive could have induced me to undertake the first, but that of putting our vessel upon her republi- can tack, and preventing her being driven too far to leeward of her true principles. And the second is the only office in the world about which I cannot decide in my own mind, whether I had rather have it or not have it. Pride does not enter into the estimate. For I think with the Romans of old, that the General of to-day should be a common soldier to-morrow, if necessary. But as to Mr. Adams, particularly, I could have no feelings which would revolt at being placed in a secondary station to him. I am his junior in life, I was his junior in Congress, his junior in the diplomatic line, and lately his junior in our civil government. I had AvritteJi him the enclosed letter before the receipt of yours. I had intended it for some time, but had put it off, from time to time,, from the discouragement of despair to make him believe me sincere. As the information by the last post does not make it necessary to change any thing in the letter, I enclose it open for your perusal, as well that you may be possessed of the true state of dispositions between us, as that if there be any circumstance which might render its delivery ineligible, you may return it to me. If Mr. Adams could be induced to administer the' government on its true principles, quitting his bias for an Eng- lish constitution, it would be worthy consideration whether it would not be for the public good, to come to a good understanding with him as to his future elections. He is the only sure Ijarrier against Hamilton's getting in." To E. RuTLEDGE. — " You havc seen my name lately tacked to so much of eulogy and of abuse, that I dare say you hardly thought it meant your old acquaintance of '76. In truth, I did not know my- self under the pens either of my friends or foes. It is unfortunate for our peace, that unmerited abuse wounds, while unmerited prai.se 32 366 LIFE, WRITINGS, AND OPINIONS has not the power to heal. These are hard wao^es for the services of all the active and healthy years of one's life. 1 had retired after live and twenty years of constant occupation in public affairs, and total abandonment of my own. I retired much poorer than when I en- tered the public service, and desired nothing but rest and oblivion. My name, however, was again brought forward, without concert or (jxpectation on my part ; (on my salvation I declare it.) I do not as yet know the result, as a matter of fact ; for in my retired canton we have nothing later from Philadelphia than of the second week (jf this month. Yet I have never one moment doubted the result. 1 knew it was impossible Mr. Adams should lose a vote north of the Delaware, and that the free and moral agency of the south w^ould fiu'nish him an abundant supplement. On principles of public re- spect I should not have refused ; but I protest before my God, that i shall, from the bottom of my heart, rejoice at escaping. I know well that no man will ever bring out of that office the reputation which carries him into it. The honey- moon would be as short in that case as in any other, and its moments of ecstacy would be ran- somed by years of torment and hatred. I shall highly value, in- deed, the share which I may have had in the late vote, as an evi- dence of the share I hold in the esteem of my countrymen. But in this point of view, a few votes more or less, will be little sensible, and in every other, the minor will be preferred by me to the major vote. I have no ambition to govern men ; no passion which would lead me to delight to ride in a storm. Fhrniina amo^ syhmsque, inglorious. My attachment to my home has enabled me to make the calculation with vigor, perhaps with partiality, to the issue which keeps me there. The newspapers will permit me to plant my corn, pease, &c. in hills or drills as I please, (and my oranges, by the bye when you send them,) while our eastern friend will be struggling with the storm which is gathering over us; perhaps be shipwreck- <;d in it. This is certainly not a moment to covet the helm." To J. Sullivan. — " The idea that I would accept the office of President, but not that of Vice-President of the United States, had not its origin with me. I never thought of questioning the free ex- ercise of the right of my fellow citizens, to marshal those whom they call into their service according to their fitness, nor ever presumed that they were not the best judges of that. Had I indulged a wish in what manner they should dispose of me, it would precisely have coincided with wdiat they have done. Neither the splendor, nor the [lower, nor the difficulties, nor the fame, or defamation, as may hap- jjen, attached to the first magistracy, have any attractions for me. The helm of a free government is ahvays arduous, and never was ours more so, than at a moment v;hen two friend!}^ people are like to be eommitted in war by the ill temper of their administrations. I am so much attached to my domestic situatioii, that I would not have y OF THOMAS JEFPERSOK. 3G7 wished to leave it at all. However, if I am to be called from it, the shortest absences and most tranquil station suit me best. I value liighl}', indeed, the part iny fellov.^ citizens gave me in their late vote, as an evidence of their esteem, and I am happy in the informa- tion you are so kind as to give, that many in the eastern quarter entertain the same sentiment. "Where a constitution, like ours, wears a mixed aspect of mon- archy and republicanism, its citizens will naturally divide into two classes of sentiment, according as their tone of body or mind, their habits, connections, and callings, induce them to wish to strengthen either the monarchical or the republican features of the constitution. Some will consider it as an elective monarchy, which had better be made hereditary, and therefore endeavor to lead towards that all the forms and principles of its administration. Others will view it as an energetic republic, turning in all its points on the pivot of free and frequent elections. The great body of our native citizens are un- questionably of the republican sentiment. Foreign education, and foreign connections of interest, have produced some exceptions in every part of the Union, north and south ; and perhaps other cir- cumstances in your quarter, better known to you, may have thrown into the scale of exceptions a greater number of the rich. Still there. I believe, and here, I am sure, the great mass is repul)lican. Nor do any of the forms in which the public disposition has been pronounced in the last half dozen years, evince the contrary. All of them, wdien traced to their true source, have only been evidences of the preponderant popularity of a particular great character. That influence once withdrawn, andoiu" countr3aiien left tp the operation of their own unbiased good sense, I have no doubt we shall see a pretty rapid return of general harmony, and our citizens moving in phalanx in the paths of regular liberty, order, and a sacrosanct ad- herence to the constitution. Thus I think it will be, if war with France can be avoided. But if that untoward event comes athwart us in our present point of deviation, no body, I believe, can foresee into what port it will drive us." 36S LIFE, WRITINGS, AND OPINIONS CHAPTER XII. Tlic new administration, under John Adams, commenced on the 1th of March, 1797. In the composition of his cabinet, the Presi- dent was swayed by the Hamiltonian counsellors who surrounded him, and who had made him all their own. The selection of char- acters was of course purely anti-republican, at the head of whom was Timothy Pickering ; and the measures of the whole adminis- tration partook thoroughly of the same political hue. Mr. Jefferson arrived at the seat of government on the 2d of March. Though there was no necessity for his attendance, he had detevmiued to come on, from a principle of respect to the public, and the nev/ President, He had talceu the precaution, however, to manifest his disapprobation of the mimicry of royal forms and cere- monies, which was established at the first inauguration, by declinincr all participation in the homage of the occasion. Soon as he was certified by the public papers, of the event of the election, he address- ed a letter to Mr. Tazewell, Senator of Yirginia, expressing his par- ticular desire to dispense with the useless formality of notification by a special messenger. At the first election of President and Vice President, gentlemen of considerable distinction were deputed to no- tify the parties chosen ; and it was made an oflfice of much dignity. But this expensive'^formality was as unnecessary as it was repug- nant to the genius of oiu' government ; and he was anxious that the precedent should not be drawn into example. He therefore au- thorized Mr. Tazewell to request the Senate, if not incompatible with their views of propriety, to discontinue the practice in relation to himself, and to adopt the channel of the post, as the least trouble- some, the most rapid, and, by the use of duplicates and triplicates, always capable of being rendered the most certain. He addressed another letter, at the same time, to Mr. Madison, requesting him to discountenance in his behalf, all parade of reception, induction, &c. ' I hope, said he, I shall be made a part of no ceremony what- ever. I shall escape into the city as covertl}' as possible. If Gov- ernor Mifflin should show any symptoms of ceremony, pray contrive to parry them.' OF THOMAS JEFFERSON. 369 . There was another point, involving an important constitutional principle, on which Mr. Jefferson improved the occasion of his elec- tion to introduce a salutary reformation in the practice of the gov- ernment. During the previous administration, the Vice President was made a member of the cabinet, and occasionally participated in the executive consultations, equally with the members of the cabi- net proper. But this practice he regarded as an unwarrantable combination of legislative with executive powers, which the consti- tution had wisely separated. He availed himself, therefore, of the first opening from a friendly quarter, to announce his determination to consider the office of Vice-President as legitimately confined to legislative functions, and to sustain no part whatever in the execu- tive consultations. In a letter to Mr. Madison, dated Monticello, January 22, 1797, he says : "My letters inform me that Mr. Ad- ams speaks of me with great friendship, and with satisfaction in the prospect of administering the government in concurrence with me. I am glad of the first information, because, though I saw that our ancient friendship was affected by a litde leaven, produced partly by his constitution, partly by the contrivance of others, yet 1 never felt a dimunition of confidence in his integrity, and retained a solid af- fection for him. His principles of government I knew to be chang- ed, but conscientiously changed. As to my participation in the ad- ministration, if by that he meant the executive cabinet, both duty and inclination will shut that door to me. I cannot have a wish to see the scenes of 1793 revived as to myself, and to descend dailv into the arena, hke a gladiator, to suffer martyrdom in every con- flict. As to duty, the constitution will know me only as the mem- ber of a legislative body ; and its principle is, that of a separation of legislative, executive, and judiciary functions, except in cases speci- fied. If this principle be not expressed in direct terms, yet it is clearly the spirit of the constitution, and it ought to be so comment- ed and acted on by every friend to free government." In the first moments of the enthusiasm of the inauguration. Mr. Adams forgot party sentiments, and indicated a disposition to har- monize with the republican body of his fellow citizens. He called on Mr. Jefferson the 3d of March, and expressed great pleasure at finding him alone, as he wished a free conversation with him. He entered immediately on an explanation of the situation of our af- fairs with France, and the danger of a rupture with that nation ; 32* 370 LIFE, WRITINGS. AND OPINIONS lliat he was impressed with the necessit}^ of an immediate mission to the Directory ; that it would have been the first wish of his heart to have got Mr. Jefterson to go there, but that he supposed it was now out of the question. Tiiat he had determined on sending an embassy, which, by its dignity, should satisfy France, and, by its selection from the three great divisions of the continent, should satis- fy all parts of the United States ; in short, that he determined to join Gerry and Madison to Pinckney, and he wished Mr. Jefferson to consult Madison in his behalf. He did so, but Mr. Madison de- clined, as was expected. Two days afterwards, on being informed by Mr. JelTerson of the result of his negotiation, Mr. Adams observ- ed, that on consultation with his caliinet, some objections to that nomination had been raised, which he had not contemplated ; and was going on with excuses which evidently embarrassed him, when they were suddenly interrupted. After that, he never said a word to Mr. Jefferson on the subject, or ever consulted him as to any measures of the administration. On the tirst meeting with his cab- met, it appears, he had fallen completely into the hands of the mon- archical party, and never afterwards recovered himself from their thraldom.* It is not our province to write the history of an administration. which is emphatically denominated the ' reign of terror.' The scorching and overwhelming portraiture recorded by Mr. Jeffer- son, and bequeathed by liim to his country, is sufficient to convey a general idea of that reckless and overbearing oligarchy, and of that mflexible opposition to it, by those firm spirits to whom the world is indebted for the preservation of repubhcanisra ' at its last gasp.' " Their usurpations and violations of the constitution at that pe- riod, and their majority in both Houses of Congress, were so great, so decided, and so daring, that after combating their aggressions, inch by inch, without being able in the least to check their career, the republican leaders thought it would be best for them to give up their useless efforts there, go home, get into their respective legisla- tures, embody whatever of resistance they could be formed into, and if ineffectual, to perish there as in the last ditch. All, therefore, re- tired, leaving Mr. Gallatin alone in the House of Representatives, and myself in the Senate, where I then presided as Vice-President. Remaining at our posts, and bidding defiance to the brow-beatings *Ana. OF THOMAS JEFFERSON. 371 and insults by which they endeavored to drive us olF also, we kept the mass of republicans in phalanx together, until the legislatures could be brought up to the charge ; and nothing on earth is more certain, than that if myself particularly, placed by my office of Vice President at the head of the republicans, had given way and Vtdth- drawn from my post, the repubhcans throughout the Union would have given up in despair, and the cause would have been lost for ever. By holding on, we obtained time for the legislatures to come up with their weight ; and those of Virginia and Kentucky partic- ularly, but more especially the former, by tlieir celebrated resolutions, saved the constitution at its last gasp. No person who was not a Avitness of the scenes of that gloomy period, can form any idea of the afflicting persecutions and personal indignities we had to brook. They saved our countr}?^ however. The spirits of the people were so much subdued and reduced to despair by the X. Y. Z. impos- ture, and other stratagems and machinations, that theywould have sunk into apathy and monarchy, as the only form of government which could maintain itself." '•' Mr. Adams, I am sure, has been long since convinced of the treacheries with which he was surrounded dining his administra- tion. He has since thoroughly seen, that his constituents were devoted to republican government, and whether his judgment is re- v rt. settled on its ancient basis, or not, he is conformed as a good citizen'^ ■' to the will of the majority, and would now, I am persuaded, main- ^^'Kve tain its republican structure with the zeal and fidehty belonging to ,' his character. For even an enemy has said, 'He is always an ?"*-*- ^'^'^' honest man, and often a great one.' But in the fenor of the fury '^ f,Utr^ and follies of those who made him their stalking-horse, no man who '^ did not witness it can form an idea of their unbridled madness, , and the terrorism with which they surrounded themselves. The hor- rors of the French revolution, then raging, aided them mainly, and using that as a raw-head and bloody-bones, they were enabled by their stratagems of X. Y. Z. in which ******** was a leading moun- tebank, their tales of tub-plots, ocean-massacres, bloody -buoys, and pulpit lyings and slanderings, and maniacal ravings of their Gardi- ners, their Osgoods, and Parishes, to spread alarm into all but the firmest breasts. Their Attorney General had the impudence to say to a republican member, that deportation must be resorted to, of which, said he, ' you republicans have set the example ;' thus dar- ing to identify us with the murderous Jacobins of France. These transactions, now recollected but as dreams of the night, were then sad realities ; and nothing rescued us from their liberticide effect, but the unyielding opposition of those firm spirits who sternly main tained their post in defiance of terror, until their fellow-citizens could be aroused to their own danger, and rally and rescue the standard of the constitution. This has been happily done. Federalism and 372 LIFE, WRITINGS, AND OPINIONS monarchisrn have languished from that, moment, until tlieii- trea- sonable combinations with the enemies of their country during the late war, their plots of dismembering the Union, and their Hartford Convention, have consigned them to the tomb of the dead : and I fondly hope, ' we may now truly say, "We are all republicans, all federalists,' and that the motto of the standard to which our coun- try will for ever rally, will be, ' Federal union, and republican gov- ernment :' and sure I am we may say, that we are indebted for . jLhe preservation of this point of ralliance, to that opposition of which so injurious anideais so artfully insinuated and excited in this history." The most obnoxious features which characterized the adminis- tration of Mr. Adams, were : 1st. The total abandomnent of the neutral and pacific policy towards foreign nations established by Mr. Jefferson, l)y courting a war with France, and an alliance offensive and defensive with Great Britain. 2d. As supplemental to the main design, the erection of a standing army, the enlargement of the navy, and war preparations of every kind, even after it was known from our envoys, that France was determined on maintain- ing peace with the United States, in spite of the ill temper of admin- istration. 3d. The enormous increase of the public debt, with loans on an usurious interest of 8 per cent, a necessary consequence of the useless war preparations. 4th. Direct taxation, in the form of stamp tax, land tax, &c. the legitimate consequence of excessive expendi- tures and an increase of debt. 5th. The Alien Law, designed to check emigration, and aimed particularly at certain distinguished characters of France, who had chosen an asylum in the United States. 6th. The Sedition Law, aimed at the freedom of the press, and of public discussion. The two last measures were considered as "deliberate, palpable and dangerous" violations of the constitution, and so acted upon by all the republican States, and by the succeeding general administration, in every case. 7th. The enlargement of Jj.,'* the federal judiciary by the creation of ^'^fJ,Y-'^,S..i "'^w judges; and " the assumption of the doctrine, that the common law of England was t i- the law of the United States, and that the federal courts possessed jurisdiction co-extensive with that law, to wit, overall cases and persons. This judiciary arrogation was considered by Mr. Jeffer- son as the highest usurpation of federal authority over the sovereign- ty of the States, and the most daring experiment upon the liberties of the people ever attempted by the general government. To these specific usurpations and avowed principles might be added the grad- OF THOMAS JEFFRSOX. 373 luil and constant accvuiiulation of power in the general government, at the expense of the States, and in the executive, at the expense of the legislative power, by the general tendency of the administra- tive acts, and by investing the President with extraordinary discre- tionary powers. Another question, on which the parties of that day were strongly divided, andwhicli indeed was the foundation of every other, was on the improvability of the human mind, in science. in ethics, in gov^ernment, religion, &c. The republicans advocated reformation of institutions, pari passu with the progress of science, and maintained that no definite limits could be assigned to that pro- gress. The federalists, on the otlier hand, were the declared ene- mies of progressive reformation. They denied improvement in sci- ence, government, religion, &c. and advocated steady adherence to the principles, practices, and institutions of our fathers, which they represented as the consummation of wisdom, and acme of excel- lence, beyond which the human mind could never advance. Against this degenerate and high handed career of administra- tion, which was rapidly impelling the government into a monarchy, the opposition of the people was loud and uncompromising. The disciples of liberty and republican government adhered to Mr. Jef- ferson with undiminished enthusiasm, not only as the great found- er of the principles of republicanism, but as presenting, by his ex- traordinary talents, firmness, and superior station, the only hope of salvation through the awful crisis \\hich threatened destruction to every thing. The republican leaders in every part of the Union, leaned upon him as the Hercides of their political strength, and the Nestor of their pohiical wisdom. His private correspondence with them, through this gloomy period of our history, is of the most inter esting and powerful character. It forms, indeed, an important fea- ture in the secret annals of our government, and an inexliaustiblc resource of materials against the character of those times, of which so plausible an idea has l3een artfully transmitted to posterity. A pretty copious selection from his cabinet, in a connected series, through the years '97, '98 and '99, seems necessary to place the public history, and his own individual character and transactions, in an unvarnished point of hght. To General Gates. — " I wish any events could induce us to cease to copy such a model, [the British Government,] and to as- sume the dignity of being original. They had their paper system, 374 LIFE, WRITINGS, AND OPINIONS stockjobbing-. s|iecu]alions, public debt, inoiiied interest, &c., and all this was contrived for us. They raised their cry against jacobinism and revolutionists, we against donoci-atic societies and auti-federal- ists ; their alarmists sounded insurrection, ours marched an army to look for one, but they could not find it. I wish the parallel may stop here, and that wc may avoid, instead of imitating, a general bankruptcy and disastrous war. " Congress, or rather the Representatives, have been a fortnight debating between a more or less irritating answer to the President's speech. The latter Avas lost yesterday, jjy forty-eight against fifty- one or fifty-two. It is believed, however, that when they come to propose measures leading directly to war, they will lose some of their numbers. Those who have no wish but for the peace of their country, and its independence of all foreign influence, have a hard struggle indeed; overwhelmed by a cry as loud and imposmg as if it were true, of being under French influence, and this raised Ijy a faction composed of English subjects residing among us, or such as are English in all their relations and sentiment^. However, pa- tience will bring all to rights, and wc shall ])oth live to see tlie mask taken from their faces, and our citizens sensible on which side true liberty and independence are sought." To Goi.oNEL Burr. — -'I had always hoped, tliat the populariiy of the late President being once withdrawn from active eflect, the iiatural feelings of the people towards liberty would restore the equi- librunn betVt'een the executive and legislative departments, which had been destroyed by the superior weight and eflfect of that popu- larit}' ; and that their natural feehngs of moral obligation would discountenance the ungrateful predilection of the executive in favor of Great Britain. But unfortunately, the preceding measures [in relation to France] had already alienated the nation who w^ere the object of them, had excited reaction from them, and this reaction has on the minds of our citizens an effect which supplies that of the Washington popularity. This eflect was sensible on some of the late congressional elections, and this it is which has lessened the republican majority in Congress. . When it will be reinforced, must depend on events, and these are so incalculable, that I consider the future character of our republic as in the air ; indeed its f utm-e for- tune will be in the air, if war is made on us by France, and if Lou- isiana becomes a Gallo-American colony. " I have been much pleased to see a dawn of change in the spirit of your State. The late elections liave indicated something, which, at a distance, we do not understand. However, what with the English influence in the lower, and tlie Patroon influence in the upper parts of your State, I presume little is to be hoped. If a prospect could be once opened upon us of the penetration of truth into the eastern States : if the people there, who are unquestiona- OF THOMAS JEFFERSON. 3l O bly republicans, could discover that they have been duped into the support of measures calculated to sap the very foundations of repub- licanism, we mig^ht still hope for salvation, and that it would come, as of old, from the East. But will that region ever awake to the true state of things ? Can the middle, southern, and western States hold on till they awake ? These arc painful and doubtful questions : and if, in assuring me of your health, you can give me a comfortable solution of them, it v/ill relieve a mind devoted to the preservation of our repubUcan government in the true form and spirit in which it was estabUshed, but almost oppressed with apprehensions that fraud will at length efiect what force could not, and that what with cur- rents and counter-currents, we shall in the end, be driven back to the land from which we launched twenty years ago. Indeed, my dear Sir, we have been but a sturdy fish on the hook of a dexterous angler, who letting us flounce till we have spent our force, brings us lip at last." To E. Gerry. — " It was with infinite joy to me, that you were yesterday announced to the Senate, as Envoy Extraordinary, joint- ly with General Pinckney and Mr. Marshall, to the French repub- lic. It gave me certain assurances that there would l3e a preponder- ance in the mission, sincerely disposed to be at peace with theFrench government and nation. Peace is undoubtedly at present the first object of our nation. Interest and honor are also national consider- ations. But interest, duly weighed, is in favor of peace even at the expense of spoliations past and future ; and honor cannot now be an object. The insnlts and injuries committed on us l)y both the bel- ligerent parties, from the beginning of 1793 to this day, and still continuing, cannot now be wiped offby engaging in w^ar w4th one of them. As there is great reason to expect this is the last cam- paign in Europe, it would certainly be better for us to rub through this year, as we have done through the four preceding ones, and hope that, on the restoration of peace, we may be able to estabhsh some plan for our foreign connections more likely to secure ourpeace, mterest, and honor, in future. Our countrymen have divided them selves by such strong affections, to the French and the English, that nothing will secure us internally bfit a divorce from both nations ; and this must be the object of every real American, and its attain- ment is practicable without much self-denial. But, for this, peace is necessary. Be assured of this, my dear Sir, that if we engage in a war during our present passions, and our present weakness in some quarters, our Union runs the greatest risk of not coming out of that war in the shape in which it enters it. My reliance for our preservation is in your acceptance of this mission. I know the ten- der circumstances w4iich will oppose themselves to it. But its dur- ation will be short, and its reward long. You have it in your pow- er, by accepting and determining the character of the mission, to se- 376 LIFE, WRITINGS, AND OPINIONS cuie the present peace and eternal union of your country. If you decline, on motives of private pain, a substitute may be named who has enlisted his passions in the present contest, and by the prepon- derance of his vote in the mission may entail on us calamities, your share in which, and your feelings, will outweigh whatever pain a temporary absence from your family could give you. The sacrifice will be short, the remorse would be never-ending. Let me then, my dear Sir, conjure your acceptance, and that you will, by this act, seal the mission with the confidence of all parties. Your nomina- tion has given a spring to hope, which was dead before." To E. RuTLEDGE. — " The events of Europe coming to us in astonishing and rapid succession, to wit, the public bankruptcy of England, Bonaparte's successes, the successes on the Rhine, the Austrian peace, mutiny of the British fleet, Irish insiu'rection, a de- mand of forty-three millions for the current services of the year, and above all, the warning voice, as is said, of Mr. King, to abandon all thought of connection with Great Britain, that she is going down ir- recoverably, and will sink us also, if we do not clear ourselves, have brought over several to the pacific party, so as, at present, to give majorities against all threatening measures. They go on with fri- gates and fortifications, because they were going on with them be- fore. They direct eighty thousand of their militia to hold them- selves in readiness for service. But they reject the propositions to raise cavalry, artillery, and a provisional army, and to trust private ships with arms in the present combustible state of things. They Ijelieve the present is the last campaign of Europe, and wish to rub through this fragment of a year as they have through the four pre- ceding ones, opposing patience to insult, and interest to honor. They will, therefore, immediately adjourn. This is indeed a most humiliating state of things, but it commenced in 1793. Causes have been adding to causes, and effects accumulating on efl'ects, from that time to this. We had, in 1793, the most respectable char- acter in the universe. What the neutral nations think of us now, I know not ; but we are low indeed with the belligerents. Their kicks and cuffs prove their contempt. If we weather the present storm, I hope we shall avail ourselves of the calm of peace, to place our foreign connections under a new and different arrangement. We must make the interest of every nation stand surety for their justice, and their own loss to follow injury to us, as effect follows its cause. As to every thing except commerce, we ought to divorce ourselves from them all. But this system would require time, tem- per, wisdom, and occasional sacrifice of interest : and how far all of these will be ours, our children may see, but we shall not. The passions are too high at present, to be cooled in our day. You and I have formerly seen warm debates and high political passions. But gentlemen of different politics would then speak to each other, and OF THOMAS JEFFERSON. O' / separate the business of the Senate from that of society. It is not so now. Men who have been intimate all their lives, cross the streets to avoid meeting, and tm-n their heads another way, lest they should be obliged to touch their hats. This may do for young men with whom passion is enjoyment. But it is afflicting to peace- able minds. Tranquillity is .the old man's milk. I go to enjoy it in a few days, and to exchange the roar and tumult of bulls and bears, for the prattle of my grand-childien and senile rest. Be these yours, my dear friend, through long years, with every other Ijlessing, and the attachment of friends as warm and sincere, as yours aflectionately." To Colonel Campbell. — '■ It is true that a party has risen up among us, or rather has come among us, which is endeavoring to separate us from all friendly connection with France, to unite our destinies with those of Great Britain, and to assimilate our govern- ment to theirs. Our lenity in permitting the return of the old to- ries, gave the first body to this party ; they have been increased by large importations of British merchants and factors, by American- merchants dealing on British capital, and by stock dealers and blink- ing companies, who, by the aid of a paper system, are enriching themselves to the ruin of our country, and swaying the government by their possession of the printing presses, which their wealth com- mands, and by other means, not always honorable to the character of our countrymen. Hitherto, their influence and their system have been irresistible, and they have raised up an executive power which is too strong for the legislature. But I flatter myself they have pas- sed their zenith. The people, while these things were doing, v/ere lulled into rest and security from a cause which no longer exists. No prepossessions now will shut their ears to truth. They begin to see to what port their leaders were steering during their slum- bers, and there is yet time to haul in, if we can avoid a war with France. All can be done peaceably, by the people confining their choice of Representatives and Senators to persons attached to re- publican government and the principles of 1776, not oflftce hunters, but farmers, whose interests are entirely agricultural. Such men are the true representatives of the great American interest, and are alone to be relied on for expressing the proper American sentiments. We owe gratitude to France, justice to England, good will to all, and subservience to none. All this must be brought about by the people, using their elective rights with prudence and self-possession, and not suffering themselves to be duped by treacherous emissaries. It was by the sober sense of our citizens that we were safely and steadily conducted from monarchy to republicanism, and it is by the same agency alone we can be kept from falling back." To J. Madison. — " I wrote you last on the 15th ; since that, yours of the 12th has been received. Since that, too, a great change 33 378 LIFE, WRITINGS, AND OPINIONS has taken place in the appearance of our political atmosphere. The merciiants, as before, continue, a respectable part of them, to wish to avoid arming. The French decree operated on them as a sedative, producing more alarm than resentment : on the Represen- tatives, differently. It excited indignation highly in the war party, though I do not know that it had added any new friends to that side of the question. We still hoped a majority of about four : but the insane message which you will see in the public papers has had great effect. Exultation on the one side, and a certainty of victory ; while the other is petrified with astonishment. Our Evans, though his soul is wrapt up in the sentiments of this message, yet afraid to give a vote openly for it, is going off to-morrow, as is said. Those who count, say there are still two members of the other side who will come over to that of peace. If so, the members will be for war measures, fifty-two, against them fifty-three ; if all are present ex- cept Evans. The question is, what is to be attempted, supposing we have a majority ? I suggest two things : i. As the President declares he has withdrawn the executive prohibition to arm, that Congress should pass a legislative one. If that should fail in the Senate, it would heap coals of fire on their heads. 2. As, to do nothing and to gain time is every thing w^ith us, I propose, that they shall come to a resolution of adjournment, ' in order to go home and consult their constituents on the great crisis of American affairs now existing.' Besides gaining time enough by this, to allow the de- scent on England to have its effect here as well as thei'e, it will be a means of exciting the whole body of the people from the state of inattention in which they are ; it will require every member to call for the sense of his district by petition or instruction ; it will show the people with which side of the House their safety as well as their rights rest, by showing them which is for war and which for peace ; and their representatives will return here invigorated by the avowed support of the American people. I do not know, however, whether this will be approved, as there has been little consultation on the subject. We see a new instance of the inefliciency of constitution- al guards. We had relied with great security on that provision, which requires two-thirds of the legislature to declare war. But this is completely eluded by a majority's taking such measures as will be sure to produce war. I wrote you in my last, that an at- tempt was to be made on that day in Senate, to cleclare the inexpe- diency of renewing our treaties. But the measure is put off under the hope of its being attempted under better auspices. To return to the subject of war, it is quite impossible, when we consider all the existing circumstances, to find any reason in its favor resulting from views either of interest or honor, and plausible enough to impose even on the weakest mind ; and especially, when it would be un- dertaken l3y a majority of one or two only. Whatever then be our stock of charity or liberality, we must resort to other views. And OF THOMAS JEFFERSON. 379 those SO well known to have been entertained at Annapolis, and af- terwards at the grand convention; by a particular set of men, present themselves as those alone which can account for so extraordinary a degree of impetuosity. Perhaps; instead of what was then in con- templation, a separation of the Union, which has been so much the topic to the eastward of late, may be the thing aimed at." To J. Madison. — " The bill for the naval armament [twelve vessels] passed by a majority of about four to three in the House of Representatives ; all restrictions on the objects for which the vessels should be used were struck out. The bill for establishing a depart- ment of Secretary of the Navy was tried yesterday, on its passage to the third reading, and prevailed by forty-seven against forty-one. It will be read the third time to-day. The provisional army of twen- ty thousand men will meet some difficulty. It would smely be re- jected if our members were all here. Giles, Clopton, Cabell, and Nicholas have gone, and Clay goes to-morrow. He received here news of the death of his wife. Parker has completely gone over to the war party. In this state of things they will carry what they please. One of the Avar party, in a iit of unguarded passion, de- clared some time ago they would pass a citizen bill, an alien bill, and a sedition bill : accordingly, some days ago, Coit laid a motion on the table of the House of Representatives for modifying the citi- zen law. Their threats pointed at Gallatin, and it is believed they will endeavor to reach him by this bill. Yesterday Mr. Hillhouse laid on the table of the Senate a motion for giving power to send away suspected aliens. This is understood to be meant for Volney and Collot. But it will not stop there when it gets into a course of execution. There is now only wanting, to accomplish the whole declaration before mentioned, a sedition bill, which we shall cer- tainljr soon see proposed. The object of that, is the suppression of the whig presses. Bache's has been particularly named. That pa- per, and also Carey's totter for want of subscriptions. We should really exert ourselves to procure them, for if these papers fall, repub- licanism will be entirely brow beatea." To J. Taylor. — " Mr. New showed me your letter on the subject of the patent, which gave me an opportunity of observing what you said as to the effect, with you, of pubhc proceedings, and that it was not unwise now to estimate the separate mass of Yirginia and North Carolina, wnih a view to their separate exis- tence. It is true that we are completely under the saddle of Massachusetts and Connecticut, and that they ride us very hard, cruelly insulting our feeUngs, as well as exhausting our strength and subsistence. Their natural friends, the three other eastern States, join them from a sort of family pride, and they have the art to divide certain other parts of the Union so as to make use of them to govern the whole. This is not new, it is the old prac- 3S0 LIFE, WRITINGS. AND OPINIONS tice of despots ; to use a part of the peojjle to keep the rest in order. And those who have once got an ascendency, and possessed them- selves of all the resources of the nation, their revenues and otlices, have immense means for retaining their advantage. But our pre- sent situation is not a natural one. The repubUcans, through ev- ery part of the Union, say, that it was the irresistible influence and popularity of General Washington played off by the chinning of Hamilton, which turned the government over to anti republican hands, or turned the republicans chosen by the people into anti-re- publicans. He delivered it over to his successor in this state, and verv untoward events since, improved with great artitice, have pro- duced on the public mind the impressions we sec. But still I re- peat it, this is not the natural state. Time alone would bring round an order of things more correspondent to the sentiments of our con- stituents. But are there no events impending, which will do it within a few months I The crisis with England, the public and authentic avowal of sentiments hostile to the leading principles of our constitution, the prospect of a war, in which we shall stand alone, land tax, stamp tax, increase of public debt, &:c. Be this as it may, in every free and deliberating society, there must, from the nature of. man, be opposite parties, and violent dissensions and dis- cords ; and one of these, for the most part, must prevail over the oth- er for a longer or shorter time. Perhaps this party division is ne- cessary to induce each to watch and delate to the people the pro- ceedings of the other. But if on a temporary superiority of the one party, the other is to resort to a scission of the Union, no federal gov- ernment can ever exist. If to rid ourselves of the present rule of Massachusetts and Connecticut, we break the Union, will the evil stop there ? Suppose the New^ England States alone cut off, will our natures be changed ? Are we not men still to the south of thai, and with all the passions of men ? Immediately, we shall see a Pennsylvania and a Virginia party arise in the residuary confeder- acy, and the pubhc mind will be distracted with the same party spirit. What a game too will the one party have in their hands, by eternally threatening the Other, that unless they do so and so, they will join their northern neighbors. If we reduce our Union to Virginia and North Carolina, immediately the conflict will l)e estab lished between the representatives of these two States, and they will end by breaking into their simple units. Seeing, therefore, that an association of men who will not cjuarrel with one another is a thing which never yet existed, from the greatest confederacy of nations down to a town meeting or a vestry ; seeing that we nnist have somebody to quarrel with, I had rather keep our New England as- sociates for that purpose, than to see our bickerings transferred to others. They are circumscribed within such narrow limits, and their population so full, ihat their members Avill ever be the minor- ity, and they are marked, like the Jews, with such a perversity of OF THOMAS JEFFERSON. 381 character, as to constitute, from that circumstance, the natural di- vision of our parties. A little patience, and we shall see the reign of witches pass over, their spells dissolved, and the people recovering their true sight, restoring their government to its true principles. It is true, that in the mean time, we are suflTering deeply in spirit, and incurring the horrors of a war, and long oppressions of enormous public debt. But who can say what would be the evils of a scission, and when and where they would e»d ? Better keep together as we are, haul off from Europe as soon as we can, and from all at- tachment to any portions of it ; and if they show their powers just sufficiently to hoop us together, it v/ill be the happiest situation in which we can exist. If the game runs sometimes against us at home, we must have patience till luck turns, and then we shall have an opportunity of winning back the ])riuciples we have lost. For this is a game where principles are the stake. Better luck, there- fore, to us all, and health, happiness, and friendly salutations to yourself." To E. Pendleton. — " I wrote you a petition on the 29th of January. I know the extent of this trespass on your tranquillity, and how indiscreet it would have been under any other circumstan- ces. But the fate of this country, whether it shall be irretrievably plunged into a form of government rejected by the makers of the constitution, or shall get back to the true principles of that instru- ment, depends on the turn which things may take within a short period of time ensuing the present moment. The violations of the constitution, propensities to war, to expense, and to a particular foi- eign connection, w^hich we have lately seen, are becoming evident to the people, and are dispelling that mist which X. Y. Z. has spread before their e3^es. This State is coming forward with a boldness not yet seen. Even the German counties of York and Lancaster, hitherto tlie most devoted, have come about, and by pe- titions with four thousand signers remonstrate against the alien and sedition laws, standing armies, and discretionary powers in the Pres- ident, New- York and Jersey are also getting into great agitation. In this State, we fear that the ill-designing may produce insurrec- tion. Nothing could be so fatal. Any thing like force would check the progress of the public opinion and rally them round the gov- ernment. This is not the kind of opposition the American people will permit. But keep away all show of force, and they will bear down the evil {propensities of the government, by the constitutional means of election and petition. If we can keep quiet, therefore, the tide now turning will take a steady and proper direction. Even in New Hampshire there are strong symptoms of a rising inquietude. In this state of things, my dear Sir, it is more in your power than any other man's in the United States, to give the coup de grace to she ruinous principles and practices we have seen. In hopes you 33* 382 LIFE, WRITINGS, AND OPINIONS have consented to it, I shall fiiinish to you some additional matter which has arisen since my last." To T. LoMAX. — " You ask for any communication I may be able to make, which may administer comfort to you. I can give that which is soUd. The spirit of 1776 is not dead. It has only been slumbering. The body of the American people is substantial- jv republican. But their virtuous feelings have been played on by some fact with more fiction ; they have been the dupes of artful manoeuvres, and made for a moment to be willing instruments in forging cliains for themselves. But time and truth have dissipated the delusion, and opened their eyes. They see now that France has sincerely wished peace, and their seducers have wished war, as well for the loaves and fishes which arise out of war expenses, as for the chance of changing the constitution, while the people should have time to contemplate nothing but the levies of men and money. Pennsylvania, Jersey, and New York are coming majestically round to the true principles. In Pennsylvania, thirteen out of twenty- two counties had already petitioned on tlie alien and sedition laws. Jersey and New York had begun the same movement, and though the rising of Congress stops that channel for the expression of their sentiment, the sentiment is going on rapidly, and be fore_ their next meetingthose threeStates will be solidly embodied in sentiment with the six southern and western ones. The atrocious proceedings of l^'rance towards this country had well nigh destroyed its liberties. The Anglomen and monocrats had so artfully confounded the cause of France with that of freedom, that both went down in the same scale. I sincerely join you in abjuring all political connection with every foreign power : and though I coidially wish well to the pro- gress of liberty in all nations, and would for ever give it the weight of our countenance, yet they ore not to be touched without contam- ination, from their other bad principles. Commerce with all na- tions, alliance with none, should be our motto." To E. Randolph.-^-" Of all the doctrines which have ever been broached by the federal governjnent, the novel one, of the common law being in force and cognizable as an existing law in their courts, is to me the most formidable. All their other assumptions of un- given powers have been in the detail. The bank law, the treaty doctrine, the sedition act, alien act, the undertaking to change the State lav.'s of evidence in the State courts by certain parts of the stamp act, &c. &c. have been solitary, unconsequential, timid things, in comparison with the audacious, barefaced, and sweeping pretension to a system of law for the United States, without the adoption of their legislature, and so infinitely beyond their power to adopt. If this assumption be yielded to, the State courts may be shut up, as there will then be nothing to hinder citizens of the same State suing each other in the federal courts in every case, as OF THOMAS JEFFERSON. • 383 Oil a bond for instance, because the common law obliges nayment of it, and the common law they say is their law. * * * " I think it will be of great importance, when you come to the proper part, to portray at full length the consequences of this new doctrine, that the common law is the law of the United States, and that their courts have, of course, jurisdiction co-extensive v/ith the law, that is to say, general over all cases and persons. But great heavens ! Who could have conceived in 1789, that within ten years we should have to combat such windmills." To S. Adams. — " A letter from you, ray resjiectable friend, after three and twenty years of separation, has given me a pleasure I cannot express. It recalls to my mind the anxious days we then passed in struggling for the cause of mankind. Your piinciples have been tested in the crucible of time, and have come out jnue. You have proved that it was monarchy, and not merely British monarchy, you opposed. A government by representatives, elected by the people at short periods, was our object, and our maxim at that day was, ' Where annual election ends, tyranny liegins ;' nor have our departures from it been sanctioned by the happiness of their effects. A debt of an hundred millions growing by usurious interest, and an artificial paper phalanx overruling the agricultural mass of our country, witli other et ceteras., have a portentous as- pect. " I fear our friends on the other side the water, laboring in the same cause, liave yet a great deal of crime and of miser}^ to wade through. My confidence had l)cen placed in the head, not in the heart of Bonaparte. I hoped he would calculate truly the differ- ence between the fame of a Washington and a Cromwell. What- ever his views may be, he has at least transferred the destinies of the republic from the civil to the military arm. Some will use this as a lesson against the practicabihty of republican government. I read it as" a lesson against the danger of standing armies. " Adieu, my ever respected and venerable friend. May that kind overruling Providence which has so long spared you to our coun- try, still foster your remaining years with whatever may make them comfortable to yourself and soothing to your friends. Accept the cordial salutations of your aflectionate friend." To G. Granger;—'- The true theory of our constitution is sure- ly the wisest and best, that the States are independent as to every thing within themselves, and united as to every thing respecting foreign nations. Let the General Government be reduced to for- eign concerns only, and let our affairs be disentangled from those of all other nations, except as to commerce, which the merchants will manage the better, the more they are left free to manage for them- selves, and our General Government may be reduced to a very sim- ple organization, and a very unexpensive one ; a few plain duties to 3S4 ■ LIFE, WRITINGS. AND OPINIONS be performed by a few servants. But I repeat, that this simple and economical mode of government can never l3e secured, if the New England States continue to support the contrary system. I rejoice, therefore, in every appearance of their returning to those principles which I had always imagined to be almost innate in them. In this State, a few persons were deluded by the X. Y. Z. duperies. You saw the effect of it in our last Congressional rep- resentatives, chosen under their influence. This experiment on their credulity is now seen into, and our next representation will 1)6 as republican as it has heretofore been. On the whole, we hope, that by a part of the Union having held on to the principles of the constitution, time has been given to the States to recover from the temporary phrenzy into which they have been decoyed, to rally round the constitution, and to rescue it from the destruction witli which it had been threatened even at their own hands." To Doctor Rush. — " I promised you a letter on Christianity, which I have not forgotten. On the contrary, it is because I have reflected on it, that I find much more time necessary for it than I can at present dispose of I have a view of the subject which ought to displease neither the rational Christian nor Deist, and would re- concile many to a character they have too hastily rejected. I do not know that it woidd reconcile the genus irritabile vatimi. who are all in arms against me. Their hostility is on too interest- ing ground to be softened. The delusion into which the X. Y. Z. plot showed it possible to jnish the people ; the successful experi- ment made under the prevalence of that delusion on the clause of the constitution, which, while it secured the freedom of the press, covered also the freedom of religion, had given to the clergy a very favorite hope of obtaining an establishment of a particular form of Christianity through the United States ; and as every sect believes its own form the true one, every one perhaps hoped for his own, but especially the Episcopalians and Congregationalists. The re- turning good sense of our coimtry threatens abortion to their hopes, and they believe that any portion of power confided to me, will be exerted in opposition to their schemes. And they believe rightly ; for I have sworn, upon the altar of God, eternal hostility against every form of tyranny over the mind of man. But this is all they iiave to fear from me ; and enough too in their opinion. And this is the cause of their printing lying pamphlets against me, forg- ing conversations for me with Mazzei, Bishop Madison, «fcc. which are absolute falsehoods without a circumstance of truth to rest on : falsehoods, too, of which I acquit Mazzei and Bishop Madison, for they are men of truth." Despairing of making any head against the monarchical ascen- dency in Congress, where they were brow-beaten by a bold and OF THOMAS JEFFERSON. 3S5 overwhelming majority, the repubhcan leaders formed the determin- ation, on the recommendation of Mr. Jeflerson, to abandon that ground, one and all, to retire within their respective State Legisla- tures, 'embody whatsoever resistance they could, and if inetiectual, to perish there as in the last ditch.' This course was accordingly adopted.- Mr. Jeflerson remained alone in the Senate, where his office confined him, and Mr. Gallatin, in the House. Continuing undismayed at their posts, in defiance of the insults and indignities of the dominant faction, the)' pieserved the repuljhcans in Congress, in firm phalanx, until the State Legislatures could bring up the weight of their resistance. Mr. Madison went into the Yirginia Legislature, and Mr. Nicholas into the Legislature of Kentucky. At a consultation between these gentlemen and Mr. Jefferson, it was agreed, that the engaging the co-operation of these two Slates, who were w^edded in principle and sympathy, in an energetic pro- testation against the constitutionalit]/ of various acts of administra- tion, particularly the Alien and Sedition laws, would be the "best method of manifesting the pubUc sentiment, and awaking the peo- ple to a proper cognizance of their affairs. Mr. Jefferson was press- ed b}^ the other gentlemen to draft the necessary resolutions foi- this purpose, to be offered to the Legislature of Kentucky. After a solemn assurance given, that it should never be known from what quarter they came, he consented ; and Mr. Nicholas undertook, on his part, to propose and carry them through. Accordingly on the 10th of November, 1798, they Avere proposed by Mr. Nicholas, and passed with great unanimity. These were the celebrated "Kentuckv Resolutions," which are al- lowed to have saved the Constitution in its last struggle. They were followed, the next month, by the equally celebrated " Virginia Res- olutions,"' drawn by Mr. Madison, on principles entirely analogous ; and afterwards, by corresponding demonstrations of political senti- ment in other republican States. They are too voluminous to admit insertion, in extenso. The principles advanced b}^ them, established the republican creed on the fundamental and agitating question ct)ncerning the distribution of powers, intended b)^ the Constitution, between the General and State Governments. They resolved, that the general compact of union between the States, was constituted for special purposes, and with certain definite pow- ers, each State reserving to itself the residuarv mass of risrht for 38G LIFE, WRITINGS, AND OPINIONS self govonment. That Avhenever the General Government as- sumed undelegated powers, its acts were inauthoritative and void ; and that each State, being an integral party to the compact, of which there was no conunon judge, had a right to judge for it- self, as well of infractions, as of the mode and measure of re- dress. After demonstrating the unconstitutionality of the Alien and Sedition laws, on a variety of grounds, and by a series of elab- orate deductions, after declaring an inviolable attachment to the Union, and an anxious desire for its preservation, the resolutions conclude as follows : '• That these and successive acts of the same character, unless arrested on the threshold, may tend to drive these States into revo- lution and blood, and will furnish new calumnies against repubh- can governments, and new pretexts for those who wish it to be be- lieved, that man cannot be governed but by a rod of iron ; that it would be a dangerons delusion, were a confidence in the men of our choice, to silence our fears for the safety of our rights ; that confi- dence is every where the parent of despotism ; free government is founded in jealousy and not in confidence ; it is jealousy and not confidence which prescribes limited Constitutions to bind down those whom we are obliged to trust with power ; that our Constitu- tion has accordingly fixed the limits to which and no further our confidence may go ; and let the honest advocate of confidence read the Alien and Sedition acts, and say if the Constitution has not been wise in fixing limits to the Government it created, and wheth- er we should be wise in destroying those limits? I^et him say Avhat the Government is if it be not a tyranny, which the men of our choice have conferred on the President, and the President of our choice has assented to and accepted over the friendly strangers, to whom the mild spirit of our country and its laws bad pledged hospitality and protection ; that the men of our choice have more respected the bare suspicions of the President, than the solid rights of innocence, the claims of justification, the sacred force of truth, and the forms and substance of law and justice. In questions of , power then let no more be heard of confidence in man, but bind him down from mischief, by the chains of the Constitution. That this Commonwealth does therefore, call on its Co-States for an ex- pression of their sentiments on the acts concerning Ahens, and for the punishment of certain crimes herein before specified, plainly declaring whether these acts are or are not authorized by the Fed- eral Compact. And it doubts not that their sense will be so an- nounced, as to prove their attachment unaltered to limited govern- ment, whether general or particular, and that the rights and liber ties of their Co-States, will be exposed to no dangers by remaining OF THOMAS JEFFERSON, 387 • embarked on a common bottom with their own — That they will concur with this Commonwealth in considering the said acts as so palpably against the Constitution, as to amount to an undisguised declaration, that the compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States of all powers whatsoever — That they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government with a power as- sumed to bind the States, (not merely in cases made Federal,) liut in all cases whatsoever, by laws made, not with their consent, but by others against their consent — That this would be to surrender the form of government we have chosen, and to live under one de- riving its powers from its own will, and not from our authority — and that the Co-States recurring to their natural right in cases not made Federal, will concur in declaring these acts void and of no force, and will each unite with this Commonwealth in requesting their repeal at the next session of Congress." From the warmth with which Mr. Jefferson embarked in oppo- sition to the administration, it might be inferred that he permitted his political feelings to influence him in the discharge of his official duties. But this was not the case. He presided over the Senate, with a dignity never excelled, and, although composed for the most part of his political enemies, with an impartiality, which the rancor and madness of the times never attempted to impeach. How at- tentive he was to the duties of his station, and how accurately he understood the rules of parliamentary order, incident to that station, is attested by his " Manual,"' a work which he at this time pub-, iished, and which has ever since been the guide of both Houses of Congress. Soon after the election of Mr. Adams, the poUtical contest for his successor was renewed with increased vehemence and agitation. Mr. Jefferson was again, with one accord, selected as the republican candidate for the Presidency, and Aaron Burr of New York, for the office of Vice President. With equal unanimity, John Adams, the incumbent, and Charles C. Pinkney of South Carolina, were designated as the candidates of the federal party. It would be a tedious and painful task to describe the long and terrible ordeal of bigotry, fanaticism, political malevoleiice and vitu- peration, through which Mr. Jefferson was called to pass. The general character of those scandalous annals is matter of prover- bial notoriety. The press was made to groan with daily and inor- 388 LIFE, WRITINGS, AND OPINIONS diiiate ravings against a public character, whose principles had rev- olutionized one hemisphere, and astonished and agitated the other ; and whose only crime was, that he had not joined in the audacious conspiracy to cheat the people of all that they had recovered and consecrated by their blood and treasure. The pulpit was debauch- ed into the profligate service, and became the ready handmaid of the press, in echoing and re-echoing the licentious reprobations of the monarchical faction. No one who was a stranger to that tre- mendous contest, can adequately conceive the diabolism and in- sanity of the pulpit fulminations and pamphleteering anathemas of the traitorous conspirators of Church and State, to identify republi- canism with infidelity, and sink them irrecoverably together. Eve- ry instrument of imposition was employed, and every species of engine which could be brought to bear upon the human passions, was resorted to for intimidation, for crushing the power of thought and speech, and perpetuating a delusion, little inferior to New Eng- land witchcraft, under which the combination of political Maratists and clerical alarmists had undertaken to bind the understandings of the people, and trample their rights in the dust The clergy of New England were the chiefest of the movers and participators in this atrocious crusade against the principles of the Revolution, and their adoring, persevering advocate ; for they believed, and be- lieved rightly, that every portion of power committed to him would be exerted in eternal opposition to their schemes. Time would fail us to specify the innumerable fabrications of crime and scurrilit}', with which the myrmidons of monarchism attempted to blacken and beat down the character of the republican candidate. He "was accused of having betrayed his native State into the hands of the enemy on two occasions, while at the head of the government, by a cowardly abandonment of Richmond, on the sudden invasion of Arnold, and subsequently, by an ignomin- ious fliglit from Monticello, on the approach of Tarlton, with cir- cumstances of svich panic and precipitation as to occasion a fall from his horse, and the dislocation of his shoulder. He was charg- ed with being the libeler of Washington, and the retainer of mer- cenary libelers to blast the reputation of the father of his country. He was accused of implacable hostiUty to the Constitution, of em- ploying foreign scribblers to write it down ; and of aiming at the annihilation of all law, order, and government, and the introduc- OF THOMAS JEFFERSON. 389 tion of general anarchy and licentiousness. He was familiarly characterized as an atheist, and the patron saint of French atheists, whom he encouraged to migrate to this country ; as a demagogue and disorganizer, industriously sapping the foundations of religion and virtue, and insidiously paving the way for the establishment of a legalized system of infidehty and libertinism. Decency would revolt were we to pursue the catalogue into that low region of olj- scene invective, which was employed to vihfy his private charac- ter, and which abounded in fabrications that have been the theme of infinite lampoonry, in prose and verse. While the madness of faction was thus raging, and attempting to despoil him of his well earned reputation, Mr. Jefferson remained a passive spectator of the scene. Covered with the impenetrable aegis of truth, and supported by a proud consciousness of his inno- cence, he surveyed, with godlike composure, the impotent tempest of detraction which was furiously howling around him. He was not insensible under the ferocious depredations upon his character ; on the contrary, no man was more feelingly alive to unmerited cen- sure, or to well-grounded applause. But his confidence in the ulti- mate justice of pubhc opinion was even stronger than his sensibil- ity under its temporary reproaches, and he quietly submitted to the licentiousaees of the press, as an alloy which was inseparable from the inestimable boon of its freedom. Besides, he felt a glorious and ani- mating pride in being made the subject of the first great experiment in the world, which was to test the soundness of his favorite prin- ple, ' that freedom of- discussion, unaided by power, was sufficient for the protection and propagation of truth.' Although frequently solicited by his friends, he never would descend to a newspaper refutation of a single calumny ; and he never, in a single instance, appealed to the righteous retribution of the laws. " I know," ho wrote to a friend in Connecticut, " that I might have filled the coiuts of the United States v. ith actions for these slanders, and have ruined, perhaps, many persons who are not innocent. But this would be no equivalent for the loss of character. I leave them, therefore, to the reproof of their own consciences. If these do not condemn them, there will yet come a day when the false witness will meet a judge who has not slept over his slanders. .If the Rev. Cotton Mather Smith, of Shena, believed this as firmly as I do, he would surely never have affirmed that 1 had obtained my property 34 390 LIFE, WRITINGS, AND OPINIONS by fraud and robbery ; that in one instance I had defrauded and robbed a widow and fatherless children of an estate to which I was executor, of ten thousand pounds sterling, by' keeping the property and paying them in money at the nominal rate, when it was worth no more than forty to one ; and that all this could be proved."' Every tittle of this pulpit denunciation was founded in falsehood. Mr. Jefferson never was executor but in two instances, which hap- pened about the beginning of the Revolution ; and he never med- dled in either executorship. In one of the cases only were there a widow and children. She was his sister, and retained and man- aged the estate exclusively in her own hands. In the other case, he was co-parcener, and only received on division the equal por- tion allotted him. Again, his property was all patrimonial, except about seven or eight hundred pounds' worth, purchased by himseli and paid for, not to widows and orphans, but to the gentleman from whom he purchased. The charges against Mr. Jefferson were in- deed so audacious, and persevered in with such unblushing assur- ance, as to excite the solicitude of his friends in different sections of the Union ; and they addressed him frequent letters of inquiry on the subiect, These he invariably answered with the frankness and liberality which belonged to his disposition ; but he annexed to every answer a restraint against its publication. In a letter of this kind to Samuel Smith of Maryland, he concludes : " These observations will show you how far the imputations in the paragraph sent me approach the truth. Yet they are not in- tended for a newspaper. At a very early period of my life, I deter- mined never to put a sentence into any newspaper. I have religious- ly adhered to the resolution through my life, and have great reason to be contented with it. Were I to undertake to answer the ca- lumnies of the newspapers, it would be more than all my own time and that of twenty aids could effect. For while I should be an- swering one, twenty new ones would be invented. I have thought it better to trust to "the justice of my countrymen, tliat they would judge me by what they see of my conduct on the stage where they have placed me, and what they knew of me before the epoch, since v/hich a particular party has supposed it might answer some view of theirs to vihfy me in the public eye. Some, I know, will not reflect how apocryphal is the testimony of enemies so palpably betraying the views with which they give it. But this is an injury to which duty requires every one to submit whom the public think proper to call into its councils. I thank you, my dear Sir, for the interest you have for me on this occasion. Though I have made OP THOMAS JEFFERSON. 391 up my mind" not to snffei- calumny to disturb my tranquillity, yet I retain all my sensibilities for the approbation of the good and just. That is, indeed, the chief consolation for the hatred of so many, who, without the least personal knowledge, and on the sacred evi- dence of Porcupine and Fcnno alone, cover me with their implaca- ble hatred. The only return I will ever make them, will be to do them all the good I can, in spite of their teeth."' The result of this memoraljle conflict is fresh in the minds of our countrymen. It established an illustrious epoch in the history of the world. How consolatory to the friend of man, how inspiring to the votary of human rights, under every pressure of adversity, is the recollection of that bloodless and glory-hallowed triumph! It realized, beyond the power of future dismay, the confidence of those who believe that man may be intrusted with the government of his affairs, while it carried a proportional abortion to the hopes and machinations of the apostate revilers of republicanism. Its memo- ry will be immortal, as the era of the political resurrection of man, by the triumphant re-establislnnent, under new and better auspices, of the sacred principles of the Revolution. Mr. Jefferson was successful over his competitor by a vote of seventy-three to sixty-five, in the electoral colleges. The states of New York, Virginia, South Carolina, Georgia, Kentucky and Tea- nessee, were unanimous for him. The New England states, with Delaware and New Jersey, were unanimous for Mr. Adams. Penn- sylvania and North Carolina, acting by districts, gave a majority of votes to Mr. Jefferson ; and Maryland was equally divicled be- tween the two candidates. But owing to a strange defect in the Constitution, or an unac- countable inattention to its provisions, an unexpected contingency arose which threatened to reverse the declared will of the nation, and to place in the Executive Chair a rnan, who, it was notorious, had not received a solitary vote for that station. Mr. Jefferson was elected President, and Aaron Burr Vice President, by an eqnal number of votes ; and, as the Constitution required no specification of the .office, for which each respectively was designed, but simply confined the choice to the jiperson having the highest mmiber of votes, the consequence was that neither had the majority required by law. Under this dilemma, the election devolved on the House of Representatives, and produced storms of an unprecedented char- acter. The federalists seized on the occasion, as a capital one for 392 LIFE, WRITINGS, AND OPINIONS acting on the monarchical principle of corruption, and bidding de- fiance to the acknowledged suffrage of the people. They held a private caucus, and resolved on the daring alternatives, either to elect Burr in the room of Jefferson, or, by preventing a choice al- together, to create an interregnum. In the latter event, they agreed to pass an act of Congress, devolving the g'overnment on a Presi- dent, pro tem, of the Senate, who would of course l3e a person of their choice. On the developement of this conspirac)^, a tremen- dous sensation was excited. The republicans declared, one and all, openly and firmly, that in the event of a legislative usurpation, de- volving the government on a President of the Senate, the repulili- can states would instantly arm, and resist the usurpation by force. On the lltli of February, the House pioceeded in the manner prescribed by the Constitution to elect a President of the United States. The representatives were required to vote by States, in- stead of by persons. On opening the ballots it appeared there were eight states for Mr. Jefferson, six for Colonel Burr, and two divided ; consequently there was no choice. The process w^as re- peated, and the same result was indicated, tbiiough five successive days and nights, and thirty-fi ve bailoiings. During this long and ay/ful suspense^ the decision depended on a single vote ! Either one of the federalists from the divided States, Yermont and Mary- land coming over to the republican side, would have made a ninth State, and decided the election in favor of Mr. Jefferson. But the opposition appeared invincible in the resolution to have a minority President, or to break up the elective succession. The republicans, on the other hand, deserve eternal praises for the inflexibility of their adherence to the will of tlie people. Various and v.^eighty overtures were made to them, but they resisted them all ; while, what is equally honorable, not a single overture is pretended to have proceeded from them ! Their fidelity on tliis occasion, was even stronger than their love of existence; for while they were equally incapable of being either the subjects or the agents of corruption, they would have resigned their fives, at any moment, to have saved the election of Mr. Jefferson. A precious reminiscence, in proof of this assertion, is related by a distinguished lady* of Washington :— " Mr. N. one of the representatives from Maryland, had been for Mrs. S. H. Smith, See Mrs. Hale's Magazine, Nov. 1831. OF THOMAS JEFFRSON. 393 some weeks confined to his bed, and was so ill that his life was con- sidered in danger ; ill as he was, he insisted on being carried to the Hall of Representatives, in order to give his vote. The physicians Absolutely forbid such a proceeding ; he insisted, and they appealed to his wife, teUing her that such a removal, and the consequent ex- citement, might prove fatal to his life. ' Be it so, then,' said she. ' if my husband' must die, let it be at the post of duty ; no weak- ness of mine shall oppose his noble resolution.' How little did these physicians expect, when they appealed to the influence of one of the fondest and most devoted of wives, this more than Spartan courage, and in an American, to find a Roman matron ! Of course they withdrew their opposition ; the patient was carried, in a litter, to the Capitol, where a bed was prepared for him in an anti-room adjoining the Senate Chamber, followed by his heroic wife, where, during the four or five days and nights of ballotting, she remained by his side ; supporting by various restoratives, but more by her presence, the strength of the feeble and almost expiring invalid, who with difiiculty traced the name of Jefferson each time the l)al- lot box was handed to him. Such was the spirit of that day— the spirit of that party !" Finally, on the thirty-sixth ballot, the opposition gave way, ap parently from sheer exhaustion. Mr. Morris of Vermont withdrew, which enabled his only colleague, Lyon, to give the vote of that State to Mr. Jefferson. The four federalists from Maryland, who had hith- erto supported Burr, voted blanks, which made the positive ticket of their colleagues the vote of that State. South Carolina and Delaware, both represented by federalists, voted blanks. So there were, on the last ballot, ten States for Mr. Jefferson, four for Colo- nel Burr, and two blanks.* The result, on being proclaimed, was greeted with loud and reiterated bursts of applause from the galle- ries, which were immediately ordered by the Speaker to be cleared. Mr. Jefferson did not receive a federal, nor Colonel Burr a demo- cratic vote. The latter became, of course. Vice President ; but his apostacy separated him irretrievably from the confidence of the re- * On the last ballot, Vermont, New York, New Jersey, Pennsylvania, Mary- land, Virginia, North Carolina, Georgia, Kentucky and Tennessee, voted for Mr. Jefferson. New Hampshire, Massachusetts, Connecticut, and Rhode Island, for Colonel Burr. Delaware and South Carolina^ voted blanks. 34* 394 LIFE, WRITINGS, AND OPINIONS publicans, while it demonstrated his fitness for those treasonable pur- }X)ses of ambition which he subsequently manifested. During the five days' pendency of the election, unwearied exer- tions were made by the federalists, to seduce Mr. Jefferson from his political principles, and to obtain from him terms and promises. But his virtue was impregnable. He uniformly and unequivocally declared to them, that he ' would not receive the government on capitulation, nor go into it with his hands tied.' Coming out of the Senate Chamber one day, he found Gouverneur Morris on the steps, who stopped him, and began a conversation on the strange and portentous state of things then existing. He went on to ob- serve that the reasons Avhy the minority of States was so opposed to his (Jefferson's) election, were, 1, He would turn all the federal- ists out of office ; 2, Put down the navy ; 3, Wipe off the public debt. That he need only declare, or authorize his friends to de- i;lare, that he would not take these steps, and instantly the event of the election would be fixed. Mr. Jefferson replied, that he should leave the world to judge of the course he intended to pur- sue, by that which he had pursued hitherto, l^elieving it his duty 10 be passive and silent during the present scene ; that he should never go into the office of President with his hands tied l)y any onditions which should hinder him from pursuing the measures which he should deem for the public good. About the same time, he called on Mr. Adams, and they convers- ed together on the existing state of things. Mr. Jefferson observed, that a very dangerous experiment was then in contemplation, to de- i'eat the Presidential election by an act of Congress declaring the right of the Senate to name a President of their body, to devolve on him the government during any interregnum ; that such a mea- ure would proljably produce resistance b)^ force,; and incalculable consequences, which it would be in his power to prevent by nega- tiving such an act. Mr. Adams appeared to think the expedient justifiable, and observed that it was in Mr. Jefferson's power to de- cide the election in an instant, by declaring he would not turn out the federal officers, nor put down the navy, nor spunge the national debt. Finding his opinion decided on the propriety of a legislative i.isurpation of the government, Mr. Jefferson pressed the point no farther, but observed that the world must judge as to himself of the OF THOMAS JEFFERSON. 395 futiiie by the past, and turned the conversation on other subjects.* The same propositions were intimated to him, about the sametimey by Dwight Foster of Massachusetts, and the same unequivocal and unyielding attitude was maintained. The causes of the final aban- donment of the contest by the federalists, are stated in the following- extracts from the private correspondence of Mr. Jefferson, one. of which Avas written immediately before, and the other immediately after the decision of the question. '" Four daj^s of balloting have produced not a single change of a vote. Yet it is confidently believed by most that to-morrow there is to be a coalition. I know of no foundation for this belief How- ever, as Mr. Tyler waits the event of it, he will communicate it to you. If they could have been permitted to pass a law for putting the government into the hands of an officer, they would certainly have prevented an election. But we thought it best to declare open- ly and firmly, one and all, that the day such an act passed, the mid- dle States would arm, and tl.t.at no such usurpation, even for a sin- gle day, should be submitted to. This first shook them ; and they Avere completely alarmed at the resource for which we declared, to wit, a convention to re-organize the government, and to amend it. The very word convention gives them the horrors, as in the pre- sent democratical spirit of America, they fear they should lose some of the favorite morsels of the constitution. Many attempts have been made to obtain terms and promises from me. • 1 have declar- ed to them unequivocally, that I would not receive the.^overninenL on capitulation, that I would not go into it Avith my nands lied. Should they yield the election, I have reason to expect in the outset the greatest difficulties as to nominations. The late incumbents running away from their offices and leaving them vacant, Avili pre- vent my filling them Avithout the jjrevious advice of Senate. Hoav this diflticulty is to be got over I know not." " The minority of the House of Representatives, after seeing the impossibility of electing Burr, the certainty that a legislative usurpa- tion Avould be resisted by arms, and a recourse to a convention to re- organize and amend the government, held a considtationon this di- lemma, Avhetlier it Avould be better for them to come over in a body and go Avith the tide of the times, or by a negative conduct suffer the election to l^e made by* a bare majority, keeping their body entire and unbroken, to act in phalanx on such ground of opposition as circumstances shall offer : and I know their determination on this question only by their vote of yesterday. Morris of Vermont Avith- * Ana. 396 LIFE, WRITINGS, AND OPINIONS drew, which made Lyon's vote that of his State. The Maryland federahsts put in four blanks, whicli made the positive ticket of their colleagues 'the vote of the State. South Carolina and Delaware put in sixl)lanks. So there were ten states for one candidate, four for another, and two blanks. We consider this, therefore, as a declara- tion of war, on the part of this band. But their conduct appears to have brought over to us the whole body of federalists, who, being alarmed with the danger of a dissolution of the government, had l)een made most anxiously to wish the very administration they had opposed, and to view it when obtained, as a child of their own." During the long and doubtful struggle in the House of Represen- tatives, the public mind was in a state of feverish and agonizing suspense, throughout the country. The republicans were oppressed with dismay and gloom at the prospect before them ; v.hile the fed- eralists, who had every thing to gain, and nothing to lose by the event, were intoxicated with delight. But this unnatural order of thino"s was destined to be short-lived. Soon the scene was revers- ed. When the issue became known, one vmiversal sentiment of ex- ultation animated the great republican party of the Union. The intelligence Avas greeted with the thunder of artillery, and the peals of popular huzzas, in every city, town, and village on the continent. Reasonable men gave loose to the most extravagant demonstrations of joy.' When- the first moments of the enthusiasm had subsided, grave g,nd. systematic measures of public felicitation were every where put in motion. Orations, illuminations, processions, balls, banquets and toasts, characterized the occasion as the great republi- can jubilee of the American nation. The inspiring chorus* of " Jefferson and liberty," kindled on every patriot tongue, and rever- ])erated from every mountain, through every, glen, from the Missis- sippi to the St. Lawrence. Innumerable addresses of congratulation, by individuals and pubhc bodies, poured in upon the newly elected President, rife with expressions of personal attachment, and of en- thusiastic devotion to republican principles. The federal dpiasty died hard. Like an Herculean victim, grap- pling with destiny, it expired with a terrible repetition of struggles. When the moment of dissolution approached, a last and desperate * Rejoice '. Columbia's sons, rejoice ! To tyrants never bend the knee, But join with heart, and soul and voice For Jeffersqn and Liberty. OF THOMAS JEFFERSON. 397 rush was made to seize on all the offices of the government, whose tenure would make it difficult to dislodge them, particularly the Ju- ^ diciary. fdofin'ja^was nominated Chief Justice, in the room of Ells- ^.jSAP^^ worth, resigned ; Theophilus Parsons, Attorney General ; Harri- •. ^,. | sonG. Otis, District Attorney of Massachusetts ; James A. Bayard, .•./*'?\iif1ft,«/ Minister Plenipotentiary to France ; all of them chiefs of tlie repudi- \.^.^. . ated regenc)^, with a host of subordinate appointments, from the same political ranks. Finally, the celebrated ' ]>atch of midnight judges,' to the number of about twenty, wereenlrenched behind the , new limb of the judiciar}^ system, which was intended as a precious depository for the remains of federal power. These last acts of the expiring oligarchy, the object of which was, either to compel Mr. Jefferson to execute the government by federal aids and counsellors, or subject him to the odious operation of such m'.iltiplied removals as should bear him down, proved as impohtic and suicidal, in the end, as they were embarrassing to the new administration. They w^ere extreme^ grating to public sentiment, and revolted a numerous body of the federalists from their impassioned leaders. The following letters of Mr. Jefferson, written in the course t?.f the first tvro months after his election, develope in his usual felicitous manner, the state of political panies at that memorable period, as Vv'ell as the general principles of policy, on which he designed to ■ conduct the administration of the goyernment. Some of them were in answer to the gratulatory addresses of his ancient and venerated co-adjutors of the Revolution, and they derive additional interest from that circumstance. To J. Dickinson. — " No pleasure can exceed that which I re- ceived from reading your letter of the 21st ultimo. It was hke the joy we expect in the mansions of (he blessed, when received with the emljraces of our forefathers, we shall be welcomed with their blessing as having done our part not unworthily of them. The storm through which we have passed, has been tremendous indeed. The tough sides of our Argosie have been thoroughly tried. Her strength has stood the waves into Avhich she was steered, with a view to sink her. We shall put her on her republican tack, and she will now show by the beauty of her motion the skill of her builders. Figure apart, our fellow-citizens have been led hood-winked from their principles by a most extraordinary combination of circumstan- ces. But the band is removed, arr 1 they now see for themselves. I hope to see shortly a perfect consolidation, to effect which, nothing shall l^e spared on my part, short of the abandonment of the princir 398 LIFE, AVRITINGS, AND OPINIONS pies of our revolution. A just and solid republican government maintained here, will be a standing monument and example for the aim and imitation of the jicople of other countries ; and I join with you in the hope and l)elief that thej^ will see, from our example, that a free government is of all others the most energetic ; that the in- quiry which has been excited among the mass of mankind by our revolution and its consequences, will ameliorate the condition of man over a great portion of the globe. What a satisfaction have we in the contemplation of the benevolent effects of our eiibrts, com- pared with tho^;e of the leaders on the other side, who have discoun- tenanced all advances in science as dangerous innovations, liave endeavored to render philosophy and republicanism terms of re- proach, to persuade us that man cannot be governed but l^y the rod, &.C. I shall have the happiness of living and dying in' the contrary hope." To S. Adams. — " I addressed a letter to you, my very dear and ancient friend, on the 4t]i of March : not indeed to you by name, but through the medium of some of my fellow-citizens, whom occa- sion called on me to address. In meditating the matter of that ad- dress, I often aslied myself. Is this exactly in the spirit of the patri- arch, Samuel Adams ') Is it as he would express it 7 Will he ap- prove of it ? I have felt a great deal for our country in the times we liave seen. But individually for no one so much as yourself. When I have been told that you were avoided, insulted, frowned on, I could ixil ejaculate, ' Father, forgive them, for they know not what they do.' I confess I felt an indignation for you, which for myself I have l)een able, under every trial, to keep entirely passive. However, the storm is over, and- we are in port. The ship was not rigged for the service she was put on. We will show the smoothness of her mo- tions on her republican tack. I hope we shall once more see har- mony restored among our citizens, and an entire oblivion of, past feuds. Some of the leaders, who have most committed themselves, cannot come into this. But I hope the great body of our fellow-cit- izens will do it. I will sacrifice every thing but principle lo procure it. A few examples of justice on officers avIio have perverted their functions to the oppression of their fellow-citizens, must, in justice to those citizens, be made. But opinion, and the just maintenance of it, shall never be a crime in my view ; nor bring injury on the indi- vidual. Those whose misconduct in office ought to have produced their removal even by my predecessor, must not be protected by the delicacy due only to honest men. How much I lament that time has deprived me of your aid. It would have been a day of glory which should have called you to the first office of the administra- tion. But give us your counsel, my friend, and give us your bles- sing : and be assured that there exists not in the heart of man a more faiihful esteem than mine to you, and that I shall ever bear you the most affectionate veneration and respect." OF THOMAS JEFFERSON. 399 To R. R. Livingston. — '• The constitution, to which we are all attached, was meant to be republican, and we beheve to be republi- can according to every candid interpretation. Yet we have seen it so interpreted and administered, as to be truly what the French have called it, a monarchle masque. Yet so long has the vessel run on this way and been trimmed to it, that to put her on her re- publican tack will require all the skill, the firmness, and the zeal of her alilest and best friends. It is a crisis which calls on them to sac- rifice all other objects, and repair to her aid in this momentous oper- ation. Not only their skill is wanting, but their names also. It is essential to assemble in the outset persons to compose our adminis- tration, whose talents, integrity, and revolutionary name and princi- ples may inspire the nation, at once, witli unbounded confidence, and impose an awful silence on all the maligners of republicanism ; as may suppress in embryo the purpose avowed by one of their most daring and eflective chiefs, of beating down the administration. These names do not abovmd at this day. So few are they, that yours, my friend, cannot be spared among them without leaving a blank which cannot be filled. If I can obtain for the pubUc the aid of those I have contemplated, I fear nothing. If this cannot be done, then are Ave unfortunate indeed ! We shall be unable to realize the prospects which have been held out to the people, and we must fall back into monarchism, for want of heads, not hands, to help us out of it. This is a common cause, my dear Sir, common to all re- publicans. Though I have been too honorably placed in front of those who are to enter the breach so happily made, yet the energies of every individual are necessary, and in the very place where his energies can most serve the enterprise. I can assure you that your colleagues will be most acceptable to you ; one of them, whom you cannot' mistake, peculiarly so. The part which circumstances con- strain us to piopose to you, is the secretaryship of the navy. These circumstances cannot be explained by letter. Republicanism is so rare in those parts which possess nautical skill, that I cannot find it allied there to the other qualifications. Though you are not nauti- cal by profession, yet your residence and your mechanical science qualify you as well as a gentleman can possibly be, and sufficiently to enable you to choose under agents perfectly c[ualified, and to su- perintend their conduct. Come forward then, my dear Sir, and give us the aid of your talents and the weight of your character to- wards the new establishment of republicanism ; I say, for its new establishment ; for hitherto, we have seen only its travestie." To Gov. M'Kean. — " I have to acknowledge the receipt of your favor of February the 20th, and to thank you for your congratulations on the event of the election. Had it terminated in the elevation of Mr. Burr, every republican would, I am sure, have acquiesced in a moment ; because, however it might have been variant from the 400 LIFE, WRITINGS, AND OPINIONS intentions of the voters, yet it would have been agreeal)le to the con- stitution. No man would more cheerfully have submitted than myself, because I am sure the administration would have been re- publican, and the chair of the Senate permitting me to be at home eight months in the year, would, on that account, have been much more consonant to my real satisfaction. But in the event of an usvu'- pation, I was decidedly with those who were determined not to per- mit it. Because that precedent, once set, w^ould be artificially re- produced, and end soon in a dictator. Virginia was bristling tip, I believe." To Doctor Priestly. — " I learned some time ago that you were in Philadelphia, but that it was only for a fortnight ; and I supposed you were gone. It was not till yesterday T received in- formation that you Vvcre still there, had been very ill, but were on the recovery. I sincerely rejoice that you are so. Yours is one of the few lives precious to mankind, and for the continuance of which every thinking man is solicitous. Bigots may be an exception. What an effort, my dear Sir, of bigotry in politics and religion have we gone through. The Ijarbarians really flattered themselves they shoidd be able to bring back the times of Vandalism, when ignor- ance put every thing into the hands of power and priestcraft. All advances in science were proscribed as innovations. They pretend- ed to praise and encourage education, but it was to be the education of our ancestors. We were to look backwards not forwards for im- provement : the President himself declaring in one of his answers to addresses, that we were never to expect to go beyond them in re- al science. This was the real ground of all the attacks on you : those who live by mystery and charlaianerie^ fearing you would render them useless by simplifying the Christian philosophy, the most sublime and benevolent but most perverted system that ever shone on man, endeavored to crush your well earned and well de- served fame. But it was the LiUiputians upon Gulliver. Our countrymen have recovered from the alarm into which art and in- dustry had thrown them ; science and honesty are replaced on their high ground ; and you, my dear Sir, as their great apostle, are on its pinnacle. It is with heartfelt satisfaction that, in the first mo- ments of my public action, I can hail}^ou with welcome to our land, tender to you the homage of its respect and esteem, cover you under the protection of those lav.'s which were made for the wise and good like you, and disclaim the legitimacy of that libel on legislation, v^^hich under the form of a law [alien law,] was for some time pla- ced among them. " As the storm is nov/ subsiding and the horizon becoming serene, it is pleasant to consider the phenomenon with attention. Wc can no longer sa}^ there is noticing new under the sun. For the whole chapter in this history of man is new. The great extent of our re- OF THOMAS JEFFKRSON. 4(Jl public is new. Its sparse habitation is new. Tiie mighty wave of public opinion which has rolled over it is new. But the most pleas- ing novelty is, its so quietly subsiding over such an extent of sur- face to its true level again. The order and good sense displayed in this recovery from delusion, and in the momentous crisis which late- ly arose, really bespeak a strength of character in our nation whicli augurs well for the duration of our republic : and T am much better satisfied now of its stability, than I was before it was tried. I have been above all things solaced by the prospect which opened on us, in the event of a non-election of a President ; in which case, the federal government would have been in the situation of a clock or watch rundown. There was no idea of force, nor of any occasion for it. A convention, invited by the republican members of Con- gress with the virtual President and Vice-President, would have been on the ground in eight weeks, would have repaired the consti- tution where it was defective, and wound it up again. This peace- able and legitimate resource, to which we are in the habit of implicit obedience, superseding all appeal to force, and being always within our reach, shows a precious principle of self-preservation in our com- position, till a change of circumstances shall take place, which in not within prospect p.t any definite period." To M. Robinson. — " I have to acknowledge the receipt of your favor of the 3d instant, and to thank ycu for the friendly express- ions it contains. I entertain real hope that the whole body of your fellow citizens (many of whom had been carried away by the X. Y. Z. business) will shortly be consolidated in the same sentiments. When they examine the real principles of both parties, I think they will find httle to differ about. I know, indeed, that there are some of their leaders who have so committed themselves, that pride, if no other passion, will prevent their coalescing. We must be easy with them. The Eastern States will be the last to come over on account of the dominion of the clergy, who had got a smell of union between (Church and State, and began to indulge reveries which can never be realized in the present state of science. If, indeed, the)'^ could have prevailed on us to view all advances in science as dangerous innovations, and to look back to the opinions and practices of our forefathers, instead of looking forward, for improvement, a promising groundwork would have been laid. But I am in hopes their good sense will dictate to them, that since the mountain will not come to them, they had better go to the mountain : that they will find their interest in acquiescing in the liberty and science of their country, and that the Christian religion, when divested of the rags in which they have enveloped it, and brought to the original purity and sim- plicity of its benevolent institutor, is a religion of all others most friendly to hberty, science, and the freest expansion of the human mind." 35 402 LIFE, WRITINGS, AND OPINIONS To E. Gerry. — " What with the natural current of opmioii which lias been setting over to us Cor eighteen month:::, and the im- mense impetus which was given ii from the 11th to tlie 17 th of Feb- ruary, we may now say tliat the United States, from New York southwardly, are as unanimous in the principles of '7G, as they were in '76. The only difference is, that the leaders who remain behind are more numerous and colder than the aposdes of toryism in '76. The reason is, that we are now justly more tolerant than we could safely have been then, circumstanced as we were. Your part of the Union, though as absolutely republican as ours, had drunk deeper of the delusion, and is therefore slower in recovering from it. The ffigis of government, and the temples of religion and of justice, have all been prostituted there to toll us back to the times when we burnt witches. But your people will rise again. They will av.'ake like Samson from his sleep, and carry away the gates and the posts of the city. You, my friend, are destined to rally them again under tiieir former banners, and when called to the post, exercise it with firmness and with intlexible adherence to your own principles. The people will support you, notwithstanding the bowlings of the raven- ous crew from whose jaws they are escaping. It will be a great blessing to our country if we can once more restore harmony and social love among its citizens. I confess, as to myself, it is almost the first object of my heart, and one to which I would sacrifice ev- ery thing but principle. With the people I have hopes of effecting it. But their Coryphtei are incuraliles. I expect little from them. •• I was not deluded by the eulogiums of the public papers in the arst moments of change. If they could have continued to get all the loaves and fishes, that is, if I would have gone over to them, lliey would continue to eulogize. But I well knew that the mo- ment that such removals should take place, as the justice of the [)re- ceding administration ought to have executed, their hue and cry would be set up, and they would take their old stand. I shall disre- gard tliat also. Mr. Adam's last appointments, when he knew he was naming counsellors and aids for me and not for himself, I set aside as far as depends on me. Officers who have been guilty of gross abuses of office, such as marshals packing juries, &c., I shall now remove, as my predecessor ought in justice to have done. The instances will be few, and governed by strict rule, and not party pas- sion. The right of opinion shall suffer no invasion from me. Those Vv^ho have acted well, have nothing to fear, however they may have differed from me in opinion : those who have done ill, however, have nothing to hope ; nor shall I fail to do justice lest it should be ascribed to that difference of opinion. A coalition of sentiments is not for the interest of the printers. They, Uke the clergy, live by the zeal they can kindle, and the schisms they can create. It is contest of opinion in politics as vv^ell as religion Avhich makes us take OF THOMAS JEFFERSON. 403 great interest in them, and bestow our money li'berally on those who furnish ahment to our appetite. The mild and simple principles ot the Christian philosophy would produce too much calm, too much regularity of good, to extract from its disciples a support for a numer- ous priesliiood, were they not to sophisticate it, raniify it, split it into hairs, and twist its texts till they cover the divine morahty of its au- thor with mysteries, an^ require a priesthood to explain them."' CHAPTER Xill. The fourth of March, 1801, was a proud day to America. The fust democratic President was inducted into office, with no other in- dications of solemnity, than the distant but overflowing tribute of millions of grateful hearts. The crowd of repul^iican strangers who had thronged the city during the previous period of anxiety and agitation, had disappeared, on the understanding that it was the pleasure of the President to be made the subject of no homage or ceremony ; and the vanc}inshed party, of course, had no inclination to witness the consummation of a triumph, in which they could on- \y participate w^ith regret. The city of Washington had been occu- pied, as the seat of government, but a few months only ; the number of its inhabitants, at this time, did not exceed that of a small village : the individuals composing the late administration had taken their .flight, with the ex-President, early on the foiuth of March ; ami now, divested of half its migratory population, the infant metropolis presented a solitary appearance. The wonderful simplicity of the scene and ceremony of the inauguration, is beautifully described by the Washington reminiscent, whom we have before quoted :— " The sun shone bright on that morning. The Senate was con- vened. Those members of the republican party that remained at the seat of government, the Judges of the Supreme Court, some citi- zens and gentry from the neighboring country, and about a dozen ladies made up the assembly in the Senate chamber, who were col- lected to witness the ceremony of the President's inaviguration. Mr. Jefferson had not yet arrived. He was seen walking from his lodg- ings, which were not far distant, attended by five or six gentlemen, who were his fellow lodgers. Soon afterwards he entered, accom- ■104 LIFE, WRITINGS, AND OPINIONS panied by a committee of the Senate, and bowing to the Senate, who arose to receive him, he approached a table on which the Bible lay and took the oath which was administered to him by the Chief Jus- tice. He was then conducted, by the President of the Senate, to his chair, which stood on a platform raised some steps above the floor ; after the pause of a moment or two he arose and delivered that beautiful inaugural address which has since become so popular and celebrated, with a clear, distinct voice, in a firm and modest manner. — On leaving the chair he was surrounded by friends who pressed forward with cordial and eager congiatulations, and some, though not many of the more magnanimous of his opponents, most of whom, however, silently left the chamber. The new President walked home with two or three of the gentlemen who lodged in the same house. At dinner he took his accus- tomed place at the bottom of the table, his nev»' station not elicit- ing from his democratic friends any new attention or courtesy. A gentleman from Baltimore, an invited guest, who accidentally sat next to him, asked permission to wish him joy, 'I would advise you' answered Mr. Jeflersou, smiling, ' to follow my example on nuptial occasions, when I always tell the bridegi'oom I will wait till the end of the year before offering my congratulations.' And this was tlic only and solitary instance of any notice taken of the event of the morning." The inaugural address of Mr. Jefferson was as novel and extra- ordinary, as the simplicity of the scene which ushered it ])efore the world. For condensation of ideas, and Addisonian purity of lan- guage, it is allowed to be superior to any thing in the wide circle of political composition. In the short compass in which it is compress- ed, all the essential principles of free governments are stated, in de- tail, with the measures best calculated for their attainment and se- curity, and an ample refutation of the adversary principles. Every word is pregnant witVi sentiment and reproof, and ever}'' sentence contains a text on w^iich might be written volimies of political wis- dom. After a modest exordium, in which the author lamented the inadequacy of his abilities to the jnagnitude of the charge, and expressed his reliance for guidance and support, on the co-ordinate functionaries of the government by whom he was surrounded, the address proceeds in the following terms : of' THOMAS JEFFERSON. 405 •■ Dining the contest of opinion through which we have past, the animation of discussions and of exertions, has sometimes worn an aspect which might impose on strangers unused to think freely, and to speak and to write what they thiulv ; but this being now decided by the voice of the nation, announced according to the rules of the constitution, all will of course arrange themselves un- der the will of the law, and unite in common efforts for the common good. All too will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable ; that the minority possess their equal rights, which equal laws must protect, and to violate would be op- pression. Let us then, fellow citizens, unite with one heart and one mind, let us restore to social intercourse that harmony and affection without which liberty, and even life itself, are but dreary things. And let us reflect tiiat having banished from our land tiiat religious intolerance under which mankind so long bled and sufi'er- ed, we have yet gained little, if we countenance a political intoler- ance, as despotic, as wicked, and capable of as bitter and bloody persecutions. During the throes and convulsions of the ancient world, during the agonizing spasms of infuriated man, seeking through blood and slaughter, his long lost liberty, it was not won- derful, that the agitation of the billows should reach even this dis- tant and peaceful shore ; that this should be more felt and feared by some, and less by others ; and should divide opinions, as to measures of safety. "But every difference of opinion is not a differ- ence of principle. We have called by different names, brethren of the same principle. We are all Republicans : we are all Federal- ists. If there be any among us, who would wish to dissolve this Union, or to change its republican form, let them stand undisturb- ed as monuments of the safety, with which error of opinion may be tolerated, w^iere reason is left free to combat it. 1 know indeed, that some honest men fear, that a republican government cannot be strong ; that this government is not strong enough. But would the honest patriot, in the full tide of successful experiment, aban- don a government, which has so far kept us free and firm, on the theoretic and visionary fear, that this government, the Avorid's best hope, may, by possibility, want energy to preserve itself ? I trust not. I believe this, on the contrary, the strongest government on earth. I believe it the only one, where every man, at the call of the law, would fly to the standard of the law, and would meet in- vasions of the public order, as his own personal concern. Some- times it is said that man cannot be trusted with the government of himself. Can he then be trusted with the government of others ? Or have we found angels in the form of kings, to govern him ? Let history answer this question. " Let us then with courage and confidence, pursue our own fed- eral and republican principles ; our attachment to union and repre- 35* 406 LIFE, WRITINGS, AND OPINIONS senlative government. Kindly separated by nature and a wide ocean from the exterminating- havoc of one quarter of the globe : too high minded to endure the degradation^^ of the others, possessing a chosen country, with room enough for our descendants to the tiiousandth and thousandth generation, entertaining a due sense of our equal right to the use of our own faculties, to the acquisitions of our own industry, to honor and confidence from our fellow citi- zens, resulting not from birth, but from our actions and their sense of them, enlightened by a benign religion, professed indeed and [)racticed in various forms, yet all of them inculcating honest)^, truth, temperance, gratitude and the love of man, acknowledg- ing and adoring an overruling Providence, which by all its dispen- sations proves that it delights in the happiness of man here, and his greater happiness hereafter ; with all these blessings, what is more necessary to make us a happy and prosperous people ? Still one thing more fellow-citizens, a wise and frugal government, which shall restrain men from injuring one another, shall leave them oth- erwise free to regulate their own pursuits of industry and improve- ment, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government ; and this is neces- sary to"close the circle of our felicities. " About to enter, fellow citizens, on the, exercise of ditties, which comprehend every thing dear and valuable to you, it is proper you siiould understand what I deem the essential principles of our gov- ernment, and consequently, those, which oug\it to shape its admin- istration. I will compress them within the narrowest compass they will bear, stating the general principle, but not all its limitations.^ — Equal and exact justice to all men, of whatever stateor persuasion, re- ligious or political : — peace, commerce, and honest friendship with all nations, entangling alliances with none : — the support of the State governments in all their rights, as the most competent administrations for our domestic concerns, and the surest bulwarks against anti-repub- lican tendencies : — the preservation of the general government in its whole constitutional vigor, as the sheet anchor of our peace at home, and safety abroad : — a jealous care of the right of election by the people, a mild and safe corrective of abuses which are lopped by the sword of revolution where peaceable remedies are unprovided: — absolute acquiescence in the decisions of the majority, the vital prin- ciple, of republics, from which there is no appeal but to force, the vital principle and immediate parent of despotism ; a well disciplin- ed militia, our best reliance in peace, and for the first moments of war, till regulars may reUeve them : the supremacy of the civil over the miUtary authority : — economy in tiie public expense, that labor may be lightly burdened : — the honest payment of our debts and sacred preservation of the public faith : encouragement of agricul- ture, and of commerce as its handmaid; the diffusion of informa- tion, and arraignment of all aljuses at the bar of the public reason : OF THOMAS JEFFERSO>r. 407 ■ — freedom of religion ; freedom of the press : and freedom of per- son, under the protection of the habeas corpus : and trial by juries impartially selected. These priiiciples form the bright constella- tion, which has gone before us, and guided our steps through an age of revolution and reformation. The wisdom of our sages, and l)lood of our heroes, have been devoted to their attainment : they should be the creed of our political faith, the text of civic in- struction, the touchstone, by which to try the services of those we trust ; and should we wander from them in moments of error or of alarm, let us hasten to retrace our steps, and to regain the road which alone leads to peace, hberty and safety. " I repair then, fellow citizens, to the post you have assigned me. With experience enough in subordinate offices to have seen the dif- ficulties of this the greatest of all, I have learnt to expect that it will rarely fall to the lot of imperfect man to retire from this station with the reputation, and the favor, which bring him into it. Without pretensions to that high confidence you reposed in oiu' first and greatest revolutionary character, wliose pre-eminent services had en- titled him to the first place in his country's love, and destined for him the fairest page in the volume of faithful history, I ask so much confidence only as may give firmness and efi'ect to the legal admin- istration of your atfairs. I shall often go wrong through defect of judgment. When right I shall often be thought wrong by those whose positions will not command a view of the whole ground. 1 ask your indulgence for my own errors which Avill never be inten- tional ; and your support against the errors of others, who may con- demn what they would not, if seen in all its parts. The approba- tion implied by your suffrage, is a great consolation to me for the past ; and my future solicitude will be, to retain the good opinion of those who have bestowed it in advance, to conciliate that of others by doing them all the good in my power, and to be instrumental to the happiness and freedom of all. " Relying then on the patronage of your good will, I advance with obedience to the work, ready to retire from it whenever you become sensible how much better choices it is in your power to make. And may that infinite Power which rules the destinies of the universe, lead our councils to what is best, and give them a favorable 'issue for your peace and prosperity." The above Inaugural of the President was not intended as an ostentatious display of his political sentiments. Every principle ad- vanced in it was subsequently reduced to practice, which made his administration the model of every succeeding one, and the admiration of the world. In the selection of his Cabinet Ministers, Mr. Jefferson was guided by a preference for those tried spirits, who, to talents and integrity united an undeviating adherence to ancient revolution- 40S LIFE, WRITINGS, AND OPINIONS ary principles. The concurieiice of tiiese two pie-vequisites was deemed eri^ential to enable him to carry into effect tlie system of radical reformation, which he proposed for the good of the nation. "SYith a view to inspire unbounded confidence in liis friends, and ' to impose an awful silence on the maligners of republicanism,' he assembled around him an array of characters, whose ' principles had been tested in the crucible of time.' James Madison Avas appoint- ed Secretary of State ; Albert Gallatin, Secretary of the Treasury ; General Dearborn, Secretary of War ; Robert Smith, Secretary of the Navy ; and Levi Lincoln, Attorney General. Agreeably to the example voluntarily set by himself, the Vice President was not invited to ■ take any part in the executive consultations. He ad- dressed a Circular to the Heads of Departments establishing the mode and degree of communication between them and the Presi- dent. All letters of business addressed to himself, v\^ere referred by him to the proper department to be acted upon. Those addressed to the Secretaries, with those referred to them, were all communi- cated to the President, whether an answer was required or not ; in the latter case, simply for his information. If an answer was re- quisite, the Secretary of the department communicated the letter and his proposed ausv.'er. If approved, they were simply sent back after perusal ; if not, they were returned with an informal note, suggest- inf an alteration or query. If any doubt of importance arose, he reserved it for conference. By this means, he was in constant and accurate possession of all facts and proceedings in every part of the Union ; his eye pervaded every part of the administration ; he form- ed a central point for the different branches, preserved an unity of object and action among them, exercised that participation in the ' gestion of affairs' which his office made incumbent on him, and drew upon himself the responsibility of every executive transaction. At the threshold of his administration, Mr. Jefferson w^as met by difficulties which called into requisition all the firmness of his (char- acter. He found all the principal offices of the government, and most of the subordinate ones, in the hands of his political enemies. This state of things was as embarrassing to himself, as offensive to the repubhcan body of his fellow citizens ; and demanded prompter correctives than the tardy effects of death and resignation. On him, therefore, for the first time, devolved the disagreeable enterprize of an Augean purification. To have removed one half of the federal OF THOMAS JEFFERSON. 409 oflicerr!, and placed republicans iu their stead, would have been rig- orous justic' when it was known that the latter composed the great majority of the people. But he carried real moderation into the performance of this duty. He restrained it to the ultimate point of forbearance, which was compatilVic with dissipating the monopoly of trust and influence, in the hands of the minority, and producing an etjuitable distribution only among the majority. The general prin- ciples of action which he sketched for his guide, were the follov>'ing: 1st, All appointments to civil office, during pleasure, made after the event of the election was certainly knov.'n to Mr. Adams, were considered as nullities. He did not viev>' the persons appointed as even candidates for the office, but replaced others witliout noticing' or notifying them. 2d, Officers who had been guilty of ojjlckd mal- conduct were proper subjects of removal. 3d, Good men, to whom there was no objection but a difference of political principle, practis- ed on so far only as the right of a private citizen woidd justify, were not proper subjects of removal, except in the case of attorneys and marshals. The courts being so decidedly federal and irremovable, it was thought that those offices, being the doors of entrance, should be exercised by republican citizens, as a shield to the republican ma- jority of the nation. 4tli, Incumbents who had prostituted their offices to the oppression of their fellow citizens, ought, in justice to those citizens, to be removed, and as exatjiples to deter others from like abuses. To these means of introducing repubhcans to a just co-operation in the transaction of the public business, was added one other in the course of his administration, to wit, removal for election- eering activity, or open and industrious opposition to the principles oi the government. " Every officer of the government,"' said he, "may vote at elections according to his own conscience : but we should betray the cause committed to our care, were we to permit the influ- ence of official patronage to be used to overthrow that cause." In all new appointments, the President confined his choice to rcpubli- cims, or republican federalists. Although conciliation and an oblit- eration of past divisions, was the cordial desire of his heart, he firm- ly resisted the counsels of those who advised the bestowmcnt of of- fice on the ' Coryphaei' of the federal party, in order to reconcile. Such a course, he considered as involving, in the end, a certain sac- rifice of principle. Even amiable and honorable monarchists were not, in his opinion, safe subjects of republican confidence. 'While 410 LIFE, WRITINGS. AND OPINIONS we will associate with us in affairs,' he vv rote to Governor Lincoln, ' the federal sect of republicans, to a certain degree, we must strip of all the means of influence thp EssSx junto, and their associate mon- ocrats in every part of the Union. The former differ from us only in tiie shades of power to be given to the Executive, being, with us, attached to republican government. The latter wish to sap the re- public by fraud, if they cannot destroy it by force, and to erect an English monarchy in its place ; some of them, (as Mr. Adams) think- ing its corrupt pans should be cleansed away, others, (as Hamilton) that would make it an impracticable machine. I do not know that the regeneration of otricers will be pushed farther than was settled before 3^ou left us, except as to Essex men.' The first experiments in this department of reformation, excited a tremendous clamor against the President. Those who have wit- nessed the wrath, and vociferous lamentation of the press, on a recent displity of the same firm t)olicy, may form a tolerable conception of tlie angry temper and lachrymal effusions of the opposition, on the subject of executive displacements in 1801. The spirit of New England was the sharpest and most unaccomodating.* The Legis- lature of Connecticut, in the spring of 1801, made a general sweep of republicans from the State offices. " We must meet them," said the President, " with eciual intolerance. When they will give a share in the State offices, they shall be replaced in a share of the General offices. Till then we must follow their example. I am sincerely sorr}^ to see the inflexibility of the federal spii'it tlrere, for I cannot believe they are all monarchists P'\ The temper of the Eastern governments Vv'as viperous indeed. The outcry of the Gazettes was vehement and inflammatory. By a strange confusion of calumny, the President was alternately stig- * The following short paragrapli, extracted from an Oration delivered at New Haven, Ct. before the State Society of Cincinnati, ou the 7th of July, liiOl, by Theodore Dwight, presents a true picture of tlie temper of the opposition east of the Hudson. " We liave now reached the consummation of Democratic blessedness. Wo liave a country governed hy blockheads and knaves ; tlie ties of marriage with all its felicities aie severed and destroyed ; our wives and daughters are thrown into tlie stews ; our children are cast into the world from the breast forgotten ; filial piety is extinguished, and our sir names, the only mark of distinction among families, are abolished. Can the imagination paint any thing more dreadful this side hell.' Some parts of the subject are indeed fit only for hor- rid contemplation." t Letter to Levi Lincoln, July, 1801. OF THOMAS JEFFERSON. 411 niatized as a tyrant and a tool ; and by an obliquity of construction equally perverse, his Inaugural Address was tortured into a weapon against himself, by making it contain pledges and assurances, which his daily conduct was represented as violating. Some occasion of public explanation seemed d-esirable to the President, to obviate the grossness of this attack, as well as to tranquilize the republicans un- der it, who, groaning under the oppressions of the federal ascen- dencies at home, began to be appalled wnth the apprehension that an impression would be made, and their rights inadequately coun- tei -protected by the General Government. Such an occafeion was soon offered. The removal of Mr. Goodrich from the collectorship of New-Haven, who had been commissioned in the last moments of the late administration, and the substitution of Samuel Bishop in his room, produced a bitter remonstrance from the merchants of that city. The President, in his answ^er, improved the opportunity to silence the discontents of either party, by uniting to an ample jus- tification of his policy, and a declared determination to pursue it, an aw^ful refutation of the clamors of the opposition. After demonstra- ting the futility of the objections against Mr. Bishop, by an array of public and private evidences in his favor, this celebrated paper con- cludes as follows : " The removal, as it is called, of Mr. Goodrich, forms another sub- ject of comprint. Declarations by myself in favor o( political tol- erance, exhortations to harmony and affection in social intercourse, and to respect for the equal rights of the minority, have, on certain occasions, been quoted and misconstrued into assurances that the tenure of offices was to be undisturbed. But could candor apply such a construction? It is not indeed in the remonstrance thatw^e find it ; but it leads to the explanations which that calls for. When it is considered, that during the late administration, those who were not of a particular sect of politics Avere excluded from all office ; when, by a steady pursuit of this meaeure, nearly the whole offices of the United States were monopolized by that sect : when the public sentiment at length declared itself, and burst open the doors of honor and confidence to those whose opinions they more approved ; was it to be imagined that this monopoly of office w^as still to be continued in the hands of the minority ? Does it violate their equal rights, to assert some rights in the majority also ? Is it political intoleranceio claim a proportionate share in the diroc- tion of the public affairs? Can they not harmonize in society un- less they have every thing in their own hands ? If the will of the nation, manifested by their various elections, calls for an adminis- \ 412 LIFE, WRITINGS, AND OPINIONS tration of oroveinment according with the opinions of those elected ; if, for the fulfihnent of that will, displacements are necessary, with whom can they so justly begin as with persons appointed in the last moments of an administration-, not for its own aid, but to begin a career at the same time with their successors, by whom they had never l)een approved, and who could scarcely expect from them a cordial co-operation? Mr. Goodrich was one of these. Was it proper for him to place himself in office, without knowing whether those whose agent he w^as to be, would have confidence in his agen- cy ? Can the preference of another as the successor to Mr. Austin, be candidly called a removal of Mr. Goodrich ? If a due participa- tion of office is a matter of right, how are vacancies to be obtained? Those by death are few ; by resignation none. Can iinj other mode than that of removal be proposed? This is a painful office. But it is made my duty, and I meet it as such. I proceed in the op- eration with deliberation and inciuiry, that it may injure the best men least, and effect the purposes of justice and public utility with the least private distress ; that it may be thrown, as much as possi- ble, on delinquency, on oppression, on intolerance, on anti-revolu- tionary adherence to our enemies. "The remonstrance laments 'that a change in the administration must produce a change in the subordinate officers ;' in other words, that it should be deemed necessary for all officers to think with their principal ? But on wdiom does this imputation bear ? On those who have excluded from office every shade of opinion which was not theirs ? Or on those who have been so excluded ? I la- ment sincerely that unessential differences of opinion should ever have been deemed sufficient to interdict half the society from the rights and the blessings of self-government, to proscribe them as un- worthy of every trust. It would have been to me a circumstance of great relief, had I found a moderate participation of office in the hands of the majority. I would gladly have left to time and acci- dent to raise them to their just share. But their total exclusion calls for prompter corrections. I shall correct the procedure : but that done, return with joy to that state of things, when the only questions concerning a candidate shall be. Is he honest ? Is he capable ? Is he faithful to the constitution ?" The regeneration of the public offices Avas the first measure of importance which gave a character of originality to the administra- tion, Various other abuses existed, dependent on executive indul- gence, which soon called into action (he reformatory hand of the President. The demolition of these, in bold and rapid succession, gave a cheering and prophetic dawn to the republican revolution of government. In a letter of the President to Nathaniel Macon, member of Congress from North Carolina, in May, 1801, it is curious OF THOMAS JEFFERSON. Uo to notice the following laconic statement of the progress and fixod protestations of reform : " Levees are done away. '• The first communication to the next Congress will be, like all subsequent ones, by message, to which no answer will be expected. "The diplomatic establishment in Europe will be reduced to three ministers. " The compensations to collectors depend on you, and not on me. '• The army is undergoing a chaste reforaiation. " The navy will be reduced to the legal establishment by the last 'of this month. " Agencies in every department will be revised. " We shall push you to the uttermost in economizing. " A very early reconnnendation had been given to the Post Mas- ter General to employ no printer, foreigner, or revolutionary tory in any of his offices. This department is still untouched. "The arrival of Mr. Gallatin, yesterday, completed the organiza- tion of our administration." During the short interval of time between the inauguration and the meeting of the first Congress, the attention of the President was industriously occupied in maturing and multiplying his plang for republicanizing the government ; and in carrying them into execution, in all cases where he possessed the power independently of the Legislature. The courtly custom of levees, with the train of attendant forms and ceremonies, had its origin with the govern- ment. General Washington resisted the importunities to introduce them, for three weeks after his induction into office. At last he yielded, and Colonel Humphreys, a gentleman of great parade, was charged with the arrangement of ceremonies on the first occasion. Accordingly an ante-chamber and presence-room were provided ; and when the company who were to pay their court, had assembled, the President advanced, preceded by Humphreys. After passing through the ante-chamber, the door of the inner room was thrown, open, and Humphreys entered first, calling out with a loud voice, • The President of the United States.' The President was so much disconcerted, that he never recovered from it during the whole time of the levee. After the company had retired, he said to Humphreys, ' Well, you have taken me in once, but by -^ you shall never take me in a second time.' He never allowed the same form to be re- ^ peated, but had the company introduced as they entered the joom. ' 36 414 LIFE, WRITINGS, AND OPINIONS where he stood to» receive them. Tlie levees were preserved in all their vigor under Mr. Adams. Repeated at short intervals, and accompanied, as they were, by a general course of sumptuous en- tertainment, they were unnecessarily expensive, demoralizing, and obstructive of business. Mr. Jefferson discontinued them. He had but two 2J«&//c days for the reception of company — the fourth of July and lirst of January. On these occasions, the doors of his house were thrown open, and the most liberal hospitality provided for the entertainment of visitors, of every grade and name in society, without exception or distinction. The abolishing the pompous mimicry of royal trappings, which ' were familiarizing tKe spectator to the harbinger's of another form of government,' exerted a salutary influence upon the habits and manners of the Metropolis. The glitter and parade of aristocracy, the ribbons and garters of birth' and place, extravagance of dress, idleness and corruption of manners, dissipation of time, health and money, with all the paraphanalia of European courts and capitals, were swept away, and superseded by the dignified courtesies, the substantial virtues, and elevated simplicities of republicanism. From the federal centre, the rays of this moral renovation diverged in every direction, and exlended their benign and purifying influ- ence over the whole area of the republic. Many now living may recollect with what rapidity the whole foce of society was changed, and the vast tide of anti- republican tendencies, which for years had been setting in upon the country, rolled backward into the flood of ages that had passed away. So much for the deiuolition of forms. Pari passu with these, a system of substantial reformations was commenced and vigorous- ly prosecuted by the President. The introduction of economy in the public expenditures" was the cardinal principle of this system. To diminish the number and weight of public burthens, and estab- lish a frugal system of government, which 'should. not take from the mouth of labor the bread it had earned,' was the pride of the President's heart, and the pole star of his operations. To this end, the Army and Navy, which had been raised by his predecessor into heavy monarchical engines, under pretence of vrar, were lowered into easy, republican peace establishments ; or rather to the ulti- mate point of reduction, confided to executive discretion. Farther than this, he could not go without the concurrence of the Legisla- OF THOMAS JEFFERSON. 415 ture. The amount of force, inckiding regulars and militia, which the several acts of the preceding administration had authorized the President to raise, was considerably over 100,000 men. This for- midable army, Mr. Jefferson reduced to four regiments of infantry, two regiments of artillerists and engineers, and two troops of light dragoons. The next year, by the consent of the Legislature, he reduced it to two regiments of infantry, one regiment of artillerists, and a corps of engineers, or about 3000 men. From the mihtary and marine, he advanced to the civil estab- lishment, and insinuated the purifying operation into every ramifi- cation of that. He visited in person each of the Departments, and obtained a catalogue of the officers employed in each, with a state- ment of their wages, and amount of duties. Those under his own immediate charge, were subjected to the same scrutiny. Thence he extended his enquires over the whole territory of the republic, and comprehended in the revision all those, who, under any species of public employment, drew money from the treasury. This done, he immediately commenced the reduction of all such offices as were deemed unnecessary, whose tenure depended on ex- ecutive discretion. The inspectors of the internal revenue were dis- continued in a mass. They comprised a large body of treasury men, dispersed over the country., useless, and even obstructive to the accountabihty of the internal finance. Various other agencies, created by executive authority, on salaries fixed by the same au- thoiity, were deemed superfluous. These were all suppressed. The diplomatic establishment vv'as reduced to three ministers, all that the public interests required — namely, to England, France, and Spain. He called in foreign ministers who had been absent eleven, and even seventeen years ; and established the rule which he had for- merly recommended to General Washington, by whom it was ap- proved — that no person should be continued on foreign mission beyond a term of six. seven, or eight years. A long absence from their country denationalized their principles and habits. They re- turned like foreigners, and, like them, required a considerable resi- dence here to become Americanized. But the great mass of the public offices, being established by law, required the concurrence of the Legislature to discontinue them. These, therefore, he reserved, to be communicated to Congress, for revision and reduction, in his first annual message. 41G LIFE, WRITINGS, AND OPINIONS From the internal administration, the President directed his at- tention to the department of foreign affairs; and manifested an ea- ger desire to extend the blessings of reform to all mankind. With this view, he formed the design of introducing some wholesome im- provements in the estabhshed code of international intercourse, by engaging in concurrence and peaceable co-operation, a coalition of the most liberal powers of Europe. These improvements respected the rights of neutral nations, and were original conceptions with himself and Dr. Franklin, as illustrated in a preceding chapter. He desired to see abolished universally the established law of na- tions, which authorized the taking the goods of an enemy from the ship of a friend ; and to have substituted in its place, by special L'ompacts, the more rational and convenient rule, that free ships should make free goods. The vexatious effects of the former prin- ciple upon neutral nations peaceably pursuing their commerce, and its tendency to embroil them with the powers involved in war. were sufficient reasons for its universal abandonment ; while the op- eration of the latter principle, leaving the nations at peace to enjoy unmolested and aloof from the belligerents, the common rights of the ocean, was more favorable to the interests of commerce, and lessened the occasions and vexations of war. Besides, the princi- ple of ' free bottoms free goods,' he contended, was the genuine dictate of national morality, and the converse, which had unfortu- nately obtained, a corruption, originally introduced by accident be- tween the States* which first figured on the water, and afterwards adopted, from the mere force of example, by the other nations, as they successively appeared upon the theatre of the ocean. The President desired to see this improvement so far carried out as to abolish the pernicious distinction of contraband of war, in the articles of neutral commerce. He regarded the practice of entering the ship of a friend to search and seize what was called contraband of war, as a violation of natural right, and extremely hable to abuse. " War Ijetween two nations" says he, '• cannot diminish the rights of the rest of the world remaining at peace. The doctrine that the rights of nations remaining quietly in the exercise of moral and social duties, are to give way to the convenience of those who prefer plundering and murdering one another, is a monstrous doc- * Venice and Genoa. OF THOMAS JEFFERSON. 417 trine ; and ought to yield to the more rational law, that ' the wrong which two nations endeavor to inflict on each other, must not in- fringe on the rights or conveniences of those remaining at peace.' And what is contraband^ by the law of nature 1 Either every thing which may aid or comfort an enemy, or nothing. Either all com- merce which would accommodate him is unlawful, or none is. The difference between articles of one or another description, is a difference in degree only. No line between them can be drawn. Either all intercourse must cease between neutrals and beUiger ents, or all be permitted. Can the world hesitate to say which shall be the rule ? Shall two nations turning tigers, break up \n one instant the peaceable relations of the whole world ? Reason and nature clearly pronounce that the neutral is to go on in the en- joyment of all its rights, that its commerce remains free, not subject to the jurisdiction of another, nor consequently its vessels to search, or to enquiries whether their contents are the property oi an enemy, or are of those which have been called contraband of war." These opinions and arguments he communicated, in the form of instructions, to Robert R. Livingston, nominated minister pleni- potentiary to France the day after his assumption of office. They were communicated unofficially, however, and with the express reservation, that they were not to be acted upon until the desolating war in Europe, which threatened to embroil us with the principal belligerents, should be brought to a termination. The same prin- ciples had been repeatedly sanctioned by the government, and he entertained little doubt of the concurrence of his constitutional ad- visers. They formed a part of those much admired instructions of Congress, drafted by himself in 1784, to the first American minis- ters appointed to treat with the nations of Europe ; and were ac- ceded to by Prussia and Portugal. In the renewal of the treaty with Prussia, they had been avoided, at the instance of our then administration, lest it should seem to commit us against England. on a question then threatening decision by the sword ; and in tlie late treaty with the latter power, they had been abandoned by our envoy, which constituted a principal groimd of opposition to that memorable negotiation. Being now at the head of the govern- ment, Mr. Jefferson was anxious to avail himself of all the weight and efficacy of his station, to convince the nations of Europe that they had originally set out in error ; that their error had proved oppressive to the rights and interests of the peaceable part of man- kind ; and that the reformation of false principles could never be- gin better than with those who had been instrumental in establish- ing them. 36* 418 LIFE, WRITINGS, AND OPINIONS Scarcely had the President entered upon the duties of his office, wlieii our commerce in the Mediterranean was placed under the ban of the Pirates. Tripoh, the least considerable of the Barbary Pow- ers, came forward with demands unfounded either in right or com- pact, and avowed the determination to extort them, at the point of thQ sword, on our failure to comply peaceably before a given day. The President felt keenly the insult inflicted on the honor of the nation by this extraordinary menace ; and, with becoming energj'', immediately put in operation such measures of resistance as the urgenc}^ of the case demanded, without waiting the advice of Con- gress. The style of the challenge admitted but one answer. He sent a squadron of frigates into the Mediterranean, with assurances to the Bey of Tripoli, of our sincere desire to remain in peace ; but with orders to protect our commerce, at all hazards, against the threatened attack. The measure was as seasonable as it was salutary. They Bey had already declared war in form. His cruisers were out ; two had arrived at Gibraltar. Our commerce in the Mediterranean was blockaded ; and that of the Atlantic in peril. The arrival of the American squadron dispelled the danger. One of the Tripolitan cruisers having fallen in with and engaged a small schooner of ours, which had gone out as a tender to the larger vessels, was captured, with a heavy slaughter of her men, and without the loss of a single one on our part. This severe chastisement, with the extraordinary skill and bravery exhibited by the Americans, quieted the pretensions of the Bey, and operated as a salutary cavition in future to that desperate community of freebooters. On the Sth of December, 1801, Mr. Jefferson made his first an- nual communication to Congress, hy message. It had been the imiform practice with his predecessors to make their first communi- cations, on the opening of Congress, by personal address, to which a formal answer was immediately returned by each House sepa- rately. The President always used to go, in state, as it was called, to deliver his speech. He moved to the capitol, preceeded by the Marshal and Constables of the District, with their white staffs, and accompanied by the heads of departments, the members of Con- gress, and a numerous procession of citizens. On these occasions he always wore his sword. A desire to impart a more popular char- acter to the government, by divesting it of a ceremonial which partook in some degree of a royal pageant, a regard to the conven- ience of the Legislature, the economy of their time, and relief from OP THOMAS JEFFERSON. 419 embarrassments of immediate answers, induced Mr. JefiTerson to adopt the mode of communication by message, to which no answer was returned. And his example has been followed by all succeed- ing Presidents. The President announced in his message, with great gratifica- tion, that the cessatio'Vi of hostilities in Europe, had produced a con- sequent cessation of those irregularities which had afflicted the commerce of neutral nations ; and restored the ordinary commu- .nications of peace and friendship between the principal powers of the earth. That our intercourse with the Indians on ovir frontiers, was marked by a spirit of mutual conciliation and forbearance, highly advantageous to both parties. That our relations with the Barbary States were in a less satisfactory condition, and such as to inspire the belief that measures of offence ought to be authorized, sufficient to place our force on an equal footing with that of its adversaries. That the increase of population within the last ten years, as indicated by the late census, proceeded in such an unexam- pled ratio as promised a duplication every twenty -two years. That this circumstance, com.bined with others, had produced an augmen- tation of revenue arising from consumption, which proceeded in a ratio far beyond that of population, and authorized a reduction of such of its branches as were particularly odious and oppressive. Accordingly he recommended the abolition of all the internal taxes, comprehending excises, stamps, auctions, licences, carriages, and refined sugars ; to which he added the postage of newspapers to facilitate the progress of information. The remaining sources of revenue, aided by the extensive system of economies which he proposed to introduce, w'ould be sufficient, he contended, to provide for the support of government, to pay the interest of the public debt, and to discharge the principal in a shorter period than the laws, or the general expectation had contemplated. As supplemental, however, to the proposition for discontinuing the internal taxes, he recommended a sensible and salutary diminution of the public disbursements, by .the aboUtion of all superfluous drafts upon the treasury. He informed the Legislature of the progress he had already made in this depaitment of public duty, by the suppression of all unnecessary offices, agencies and missions, which depended on executive authority ; and recommended to their con- sideration a careful revision of the remainder. " Considering," says 420 LIFE, WRITINGS, AND OPINIONS be, " the general tendency to multiply offices and dependencies, and to increase expense to the ultimate term of burthen which the citizen can bear, it behooves us to avail ourselves of every occasion which presents itself, for taking oft' the surcharge ; that it never may be seen how that, after leaving to labor the smallest portion of its earnings on which it can subsist, government shall itself con- sume the residue of what it was instituted to guard." In order to multiply barriers against the dissipation of the public money, he recommended Congress to establish the practice of spe-' cific apjiropriations, in all specific cases susceptible of definition ; to reduce the undefined field of conf ingences ; and to bring back to a single department for examination and approval, all accountabil- ities for receipts and expenditures. He directed the attention of Congress to a revision of the army, and advised the reduction of the existing establishment to the num- ber of garrisons actually necessary, and the number of men requi- site for each garrison. A standing army in time of peace was both- unnecessary and dangerous. The militia was the main pillar of defence to the country, and the only force which could be ready at every point to repel unexpected invasion, until regulars could be provided to relieve them. This consideration rendered important a careful review, at every session, of the existing organization of the militia, and the amendment of such defects as from time to time might show themselves in the system, until it should be made suffi- ciently perfect. " Nor should we now," said he, " or at any time separate, until we can say we have done every thing for the militia which we could do were an enemy at our door." With respect to the navy, although a difference of opinion might exist as to the extent to which it should 'be carried, yet all would agree that a small force was continually wanted for actual service in the Mediterranean. All naval preparations beyond this, the President thought, should be confined to the provision of such arti- cles as might be kept without waste or consumption, and be in readiness for any exigence which might occur. Extensive fortifications, projected or commenced on a scale dis- proportioned to the advantages to be derived from them, which were expensive in their erection, expensive in their maintenance, and required a large force to garrison them, he questioned the util- ity of prosecuting or continuing. OF THOIVIAS JEFFERS01?r. 421 The President was of opinion, that agiicultmre, manufacture?, commerce and navigation, the four pillars of our prosperity, were jnost disposed to thrive when left most free to individual enterprise. Protection from casual embarrassments, however, might sometimes be seasonably interposed ; and was clearly within the constitutional limits of Congress. He submitted to the serious consideration of the Legislature, the Judiciary system of the United States, and suggested the expedi- ency of rescinding that branch of it recently erected, should it ap- pear on examination to be superfluous, of which he entertained no doubt. While on the subject of the Judiciary, he commended to their fostering protection the ' inestimable institution of juries,' urg- ing the propriety of their extension to all cases involving the secu- rity of our persons or property, and the necessity of their impartial selection. The President warmly recommended a revisal of the laws on the subject of naturalization, and an abbreviation of the period pre- scribed for acquiring citizenship. The existing regulation, requir- ing a residence of fourteen years, was a denial of citizenship to a great proportion of those who asked it, obstructive of the prosper- ous growth of the country, and incompatible with the humane spirit of our laws. After commending to them prudence and temperance in discus- sion, which were so conducive to harmony and rational conclusion within their own walls, and to that consolidation of sentiment amorig their constituents, which was progressing with such auspicious ra- pidity, the President concluded as follows: " That all should be satisfied with any one order of things, is not to be expected ; but I indulge the pleasing persuasion that the great body of our citizens will cordially concur in honest and disinterested eflforts, which have for their object to preserve the General and State governments jn their constitutional form and equihbrium ; to maintain peace abroad, and order and obedience to the laws at home ; to establish princi- ples and J^ctices of administration favorable to the security of lib- erty and property, and to reduce expenses to what is necessary for the useful purposes of government." The first message of the first democratic President of the United States, was anticipated, as w^as natural to be expected, with a fever of popular impatience. On its appearance, sensations diametrical- 422 LIFE, WRITINGS, AND OPINIONS ly opposite were excited in the two great divisions of the political public. The republicans contemplated it with a profound feeling of unalloyed satisfaction ; the federalists, with mingled disapproba- tion and dismay. The fundamental features of his policy, as pub- licly delineated by the President, were too unequivocal and strongly marked not to realize the warmest desires of his supporters, and the worst apprehensions of his adversaries. His propositions for reform- ing the prodigalities of the previous administrations, by the abolition of sinecures, and the estabhshment of a rigid accountability with the remaining offices of the government ; for cutting down the ar- my, and relying for ordinary protection on the unpensioned resource of an omnipresent militia ; for levelling the na.vy to the actual force required for covering our commerce from tlie ravages of the com- mon enemies of Christendom ; for the gradual and systematic ex- tinguishment of the public debt, in derision of the monarchical max- im, that ' a national debt is a national blessing' ; for circumscriljing discretionary powers over money, by establishing the rule of specific appropriations ; for restoring the hospitable polic}^ of the government towards aliens, and fugitives from foreign oppression ; for multiply- ing barriers around the sovereignty of the States and the liberties of the people, against the encroachments of the federal authorities, by crippling the despotism of the Judiciary, and lopping from it a supernumerary member engrafted by his predecessors for political purposes ; all these propositions were seized, with the spirit of de- mons, by his vanquished opponents, and made, o^e by one, a topic of unbridled denunciation and railery. On the other hand, in- numerable addresses of thanks by republican assemblies, and l)y individual champions &f the republican party, were communicated to him from every section of the Union. To these he returned public or private answers, according to the nature of the address. The following extract of a letter to the venerable John Dickinson, ■ will suffice as a specimen of his private answers. " The approbation of my ancient friends is above all things the most grateful to my heart. They know for what obje|p we relin- quished the delights of domestic society, tranquillity, and science, and committed oui'selves to the ocean of revolution, to wear out the only life God has given us here, in scenes, tbe benefits of Avhich will accrue only to those who follow us. Surely we had in view to obtain the theory and practice of good government ; and how any, who seemed so ardent in this pursuit, could as shamelessly have OF THOMAS JEFFERSON. 423 apostatized, and supposed we meant only to put our government into other hands, but not other forms, is indeed, wonderful. The lesson we have had will probably be useful to the people at large, by showing to them how capable they are of being made the in- struments of their own bondage. A little more prudence and mod- eration in those who had momited themselves on their fears, and it would have been long and difficult to unhorse them. Their madness had done in three years, what reason alone acting against them would not have effected in many ; and the more, as they might have gone on forming new entrenchments for themselves from 5^ear to year. My great anxiety at present is, to avail our- selves of our.ascendency to establish good principles, and good prac- tices ; to foitify republicanism behind as many barriers as possible, that the outworks may give time to rally and save the citadel, should that be again in danger. On their part, they have retired into the judiciary as a strong hold. There the remains of federal- ism are to be preserved and fed from the treasury, and from that battery, all the works of republicanism are to be beaten down and erased. By a fraudulent use of the constitution, which has made judges irremovable, they have multiplied useless judges merely to strengthen their phalanx." But of all the measures of reform recommended in the President's message, none was so auspicious, none so extensive, as the proposi-t tion to suppress all the internal taxes. This wns indeed a solid in-' culcation of the beneficent purposes of administration. The internal ', institution was a distinguishing feature of the Hamiltonian system of finance, and had constituted throughout a powerful entrench- ment to the ancient order of things. It is a surprising fact, that the officers employed in its management, embraced three fourths of all the officers in the pay of the government. They were spread over the country, stationed in every town and hamlet, Uke so many cen- tiuels on the outposts of the citadel, and comprised, in the aggre- gate, an army of stipendiaries at the beck of the treasury chief. In proposing to disband all these at a stroke, the President med- itated the disarming the government of an immense resource of executive patronage and preponderance, besides relieving the people of an arbitrary and oppressive surcharge of taxation. The disin- terestedness and beneficence of the transaction were only equalled by its boldness, at which the republicans themselves were consider- ably alarmed. In a letter to one of them, dated December 19, 1801, the President wrote : " You will perhaps have been alarmed, as some have been, at the 424 LIFE, WRITINGS, AND OPINIONS proposition to abolish the whole of the internal taxes. But it is perfectly safe. They are under a million of dollars and we can economize the government two or three miUions a year. The im- post alone gives us ten or eleven millions annually, increasing at a compound ratio of six and two thirds per cent, per annum, and consequently doubling in ten years. But leaving that increase for contingencies, the present amount will support the government, pay the interest of the public debt, and discharge the principal in fifteen years. If the increase proceeds, and no contingencies demand it, it will pay off the principal in a shorter time. Exactly one half of the public debt, to wit, thirty-seven millions of dollars, is owned in the United States. That capital then will be set afloat, to be em- ployed in rescuing our commerce from the hands of foreigners, or in agriculture, canals, bridges, or other useful enterprises. By sup- pressing at once the whole external taxes, we abolish three fourths of ihe offices now existing, and spread over the land. Seeing the interest you take in the public affairs, I have indulged myself in observations flowing from a sincere and ardent desire of seeing our affairs put into an honest and advantageous train." Fortunately, the first Congress which assembled after Mr. Jeffer- son came into power, contained an ascendency of republicanism in both Houses ; with just enough of opposition to hoop the majority indissolubly together, and enable the Legislature to move in strong and harmonious co-operation with the Executive. They erected into laws all the fundamental reformations recommended by the President, and thereby enabled him to carry through a system of administration which abolished the former regimen generally, and substantially revolutionized the government. To notice the single feature of frugality, b}'' the extensive economies which he introduc- ed, he diminished the expenses of the government 3,000,000 of dollars ! and, after answering the regular exigences of the govern- ment, he discharged eight millions of the national debt, principal and interest, the first year of his administration, and left four and a half millions of dollars in the treasury, for application to the fur- ther discharge of debt and current demands ! The result is unpar- alleled in the annals of civil government. " When effects, so sal- utary," says the President in his second annual message, " result from the plans you have already sanctioned, when merely by avoid- ing false objects of expense, we are able, without a direct tax, with- out internal taxes, and without borrowing, to make large and effec- tual payments towards the discharge of our public debt, and the emancipation of our posterity from that mortal canker, it is an en^ OF THOMAS JEFFRSON. 425 couragement, fellow citizens, of the highest order, to proceed as we have began in substituting economy for taxation, in pursuing what is useful for a nation placed as we are, rather than what is practised by others under different circumstances. And whensoever we are destined to meet events which shall call forth all the energies of our countrymen, we have the firmest reliance on those energies, and the comfort of leaving for calls like these, the extraordinary resources of loans and internal taxes. In the mean time, by payments of the principal of our debt, we are liberating, annually, portions of the ex- ternal taxes, and forming from them a growing fund, still further to lessen the necessity of recvuTing to extraordinary resources." The following paragraph, extracted from a letter of the President^ to General Kosciusko, dated April 2, 1802, presents a very modest and comprehensive outline of the proceedings of the Legislature in pursuance of the executive recommendations. " The session of the first Congress convened since republicanism has recovered its ascendency, is now drawing to a close. They will pretty completely fulfil all the desires of the people. They have re- duced the army and navy to what is barely necessary. They are disarming executive patronage and preponderance, by putting down one half the oflfices of the United States, which are no longer neces- sary. These economies have enabled them to suppress all the in- ternal taxes, and still to make such provision for the payment of their public debt as to discharge that in eighteen years. They have lopped off a parasite limb, planted by their predecessors on their ju- diciary body for party purposes ; they are opening the doors of hos- pitality to the fugitives from the oppressions of other countries ; and we have suppressed all those public forms and ceremonies which tended to familiarize the public eye to the harbingers of another form of government. The people are neaily all united ; their quon- dam leaders, infiuiated with the sense of their impotence, will soon be seen or heard only in the newspapers, which serve as chimneyi-' to carry off noxious vapors and smoke, and all is now tranquil, firm, and well, as it should be." The Sedition Law, not included in the above glance, which pro- tected from popular scrutiny and discussion the extravagancies, de- linquencies, and heresies of the government authorities, was per- mitted to expire by its own hmitation. It experienced a natural death, in the course of this session, without even the hope of a day of resurrection. To these specific improvements might be added the general simplification of the system of finance, in which he was 37 426 LIFE, WRITINGS, AND OPINIONS powerfully aided by the logical mind of a Gallatin ; and the estab- lishment of the permanent rule of definite appropriations of money for all objects susceptible of definition, so that every person in the United States might know for what purpose, and to what amount, every fraction of public expenditure was applied. His personal watchfulness over this department of administration, the operations of which are so intimately interwoven with all human concerns, is forcibly illustrated by the following letter to the Secretary of the Treasury. "I have read and considered your report on the operations of the sinking' fund, and entirely approve of it, as the best plan on which we can set out. I think it an object of great importance, to be kept in view and to be undertaken at a fit season, to simphfy our system of finance, and bring it within the comprehension of every mem- ber of Congress. Hamilton set out on a different plan. In order that he might have the entire government of his machine, he deter- mined so to complicate it as that neither the President nor Congress should be able to understand it, or to control him. He succeeded in doing this, not only beyond their reach, but so that he at length could not unravel it himself. He gave to the debt, in the first in- stance, in funding it, the most artificial and mysterious form he could devise. He then moidded up liis appropriations of a number of scraps and remnants, many of which were nothing at all, and ap- plied them to different objects in reversion and remainder, until the whole system was involved in impenetrable fog ; and while he was giving himself the airs of providing for the payment of the debt, he left himself free to add to it continually, as he did in fact, instead of paying it. I hke your idea of kneading all his little scraps and frag- ments into one batch, and adding to it a complementary sum, which, while it forms it into a single mass from which every thing is to be paid, will enable us, should a breach of appropriation ever be charged on us, to prove that the sum appropriated, and more, has been applied to its specific object. •' But there is a point beyond this, on which I should wish to keep my eye, and to which I should aim to approach by every tack which ' previous arrangements force on us. That is, to form into one con- ;£(;)Udated mass all the monies received into the treasury, and to mar- shal the several expenditures, giving them a preference of payment according to the order in which they shall be arranged. As for ex- ample. I. The interest of the public debt. 2. Such portions of principal as are exigible. 3. The expenses of government. 4. Such other portions of principal as, though not exigible, we are still free to pay when we please. The last object might be made to take up the residuum of money remaining in the treasury at the end of OF THOMAS JEFFERSON. 42T every year, after the three first objects were compUed with, and would be the barometer whereby to test the economy of the administra- tion. It would furnish a simple measure by which every one could mete their merit, and by which every one could decide when taxes were deficient orsuperabundant. If to this can be added a simplifica- tion of the form of accounts in the treasury department, and in the organization of its officers, so as to bring every thing to a single centre, we might hope to see the finances of the Union as clear and intelligi ble as a merchant's books, so that every member of Congress, and ev- ery man of any mind in the Union, should be able to comprehend them, to investigate abuses, and consequently to control them. Our predecessors have endeavored by intricacies of system, and shuffling the investigator over from one officer to another, to cover every thing from detection. I hope we shall go in the contrary direction, and that, by our honest and judicious reformations, we may be able, within the limits of our time, to bring things back to that simple and intelligible system, on which they should have been organized at first. "I have suggested only a single alteration in the report, which is merely verbal and of no consequence. We shall now get rid of the commissioner of the interna] revenue, and superintendant of stamps. It remains to amalgamate the comptroller and auditor into one, and reduce the I'egister to a clerk of accounts ; and then the organiza- tion will consist, as it should at first, of a keeper of monej', a keep- er of accounts, and the head of the department. This constellation of great men in the treasury department was of a piece with the rest of Hamilton's plans. He took his own stand as a Lieutenant General, surrounded by his Major Generals, and stationed his Brig- adiers and Colonels under the name of Supervisors, Inspectors, &c. in the different States. liCt us deserve well of our country by- making her interests the end of all our plans, and not our own ponrp, patronage, and irresponsibility. I have hazarded these hasty and crude ideas, which occurred on contemplating your report. Tliey may be the subject of future conversation and correction." Being now identified, as it were, with the Republic, to write the history of Mr, Jefferson Avould be to write the history of the United States, during one of the most plethoric portions of their political ex- istence. But this would be an undertaking as disproportioned to the means of the writer, as to the limits by which he is circumscribed. Nothing more can be expected in the present plan, than an outline of the general policy, foreign and domestic, pursued by the Presi- dent, and of the prominent measures which distinguished his ad- ministration. 428 LIFE; WRITINGS, AND OPINIONS Auiovig these, the purchase of Louisiana from France, as it was of the first in point of time, was incomparably the first in magni- tude and importance. It had long been a favorite object with Mr. Jefferson, as essential to removing from the United States a point of eternal friction, and cause of war with the European possessor, be- sides securing to us the exclusive navigation of the western waters, and an immeasurable region of fertile country. The territory of Louisiana was originally colonized by France. In 1762, the great- er part of it, including the island of New -Orleans, was ceded to Spain ; and by the general treaty of peace which followed the Canadian war in '63, the whole territory of France and Spain, east- ward of the Mississippi to the Ibberville, thence through the middle of that river to the sea, was ceded to Great Britain. Under the for- mer possession by France, the territory embraced what is denomin- ated West Florida. Spain, during the war of the Revolution, con- quered this, with East Florida, from Great Britain, and acquired the right to them both by the treaty of 'S3. While in the hands of Spain. the United States acquired the right to a free navigation of the Mis- sissippi, and to an entrepot at New-Ofleans. About this time, to wit, in 1800, Spain retroceded to Fiance the whole of Louisiana accord- ing to its ancient and proper limits. 'J'his transfer was attended with a suspension of our right of deposite at New-Orleans, and open- ed to us, in the opinion of the President, the dreadful prospect of a complete reversal of all our friendly relations with France. In view of the threatening crisis, he immediately joined Mr. Monroe as Envoy Extraordinary, to R. R. Livingston, Minister resident at the French Court, with instructions joint and several to negotiate the purchase of Louisiana from France. In the letter to Mr. Monroe conveying the notice of his appointment, the President says : " All eyes, all hopes are now fixed on you ; and were you to decline, the chagrin would be universal, and would shake under your feet the high ground on which you stand with the public. Indeed, I know nothing which would produce such a shock. For on the event of this mission depend the future destinies of this repiibhc. If we cannot, by a purchase of the country, insure to ourselves a course of perpetual peace and friendship with all nations, then, as war cannot be distant, it behooves us immediately to be preparing for that course, without, however, hastening it ; and it may be necessary, on your failure on the continent, to cross the channel. We shall OF THOMAS JEFFERSON. 429 get entangled in European politics, and figuring* more, be much less happy and prosperous. This can only be prevented by a suc- cessful issue to your present mission. I am sensible after the meas- ures you have taken for getting into a different line of business, that it will be a great sacrifice on your part, and presents from the sea- son and other circumstances, serious difficulties. But some men are born for the public. Nature, by fitting them for the service of the human race on a broad scale, has stamped them with the evi- dences of her destination and their duty." The personal agency of Mr. Jefferson in this briUiant achieve- ment was of the most laborious and efficacious character. Besides his official instructions communicated through the Secretary of State, his private letters to our Ministers, and to influential charac- ters in France, on whose fideUty and friendship he relied, are splen- did testiilionials of his ardor and indefatigableness in the prosecu- tion of the enterprise. Among these, the following, addressed to Mr. Livingston, is pre-eminent in merit. '• The cession of Louisiana and the Floridas by Spain to France, works most sorely on the United States. On this subject the Sec- retary of State has written to you fully, yet I cannot forbear recur- ring to it personally, so deep is the impression it makes on my mind. It completely reverses all the political relations of the United States. and will form a new epoch in our pohtical course. Of all nations of any consideration, France is the one, which, hitherto, has offer- ed the fewest points on which we could have any conflict of right, and the most points of a communion of interests. From these cau- ses we have ever looked to her as our natural friend, as one with which we never could have an occasion of difference. Her growth, therefore, we viewed as our own, her misfortunes ours. There is on the globe one single spot, the possessor of which is our natural and habitual enemy. It is New Orleans, through which the produce of three eighths of our territory must pass to market, and from its fer- tility it will ere long yield more than half of our whole produce, and contain more than half of our inhabitants. France, placing herself in that door, assumes to us the attitude of defiance. Spain might have retained it quietly for years. Her pacific dispositions, her fee- ble state, would induce her to increase our facihties there, so that her possession of the place would be hardly felt by us, and it would not, perhaps, be very long before some circumstances might arise, which might make the cession of it to us the price of something of more worth to her. Not so can it ever be in the hands of France : the impetuosity of her temper, the energy and restlessness of her character, placed in a point of eternal friction with us. and our char- 37* ^^^ 430 LIFE, writings;, and opinions actei, which, though quiet and loving peace and tlie pursuit of vvealtii, is high-minded, despising wealth in competition with in- sult or injury, enterprising and energetic as any nation on earth ; these circumstances render it impossible that France and the United States can continue long friends, when they meet in so irritable a position'. They, as well as we, must be blind, if they do not see this : and we must be very improvident if we do not begin to make arrangements on that hypothesis. The day that France takes pos- session of New Orleans, fixes the sentence which is to restrain her • for ever within her low- water mark. It seals the union of two na- tions, who, in conjunction, can maintain exclusive possession of the ocean. From that moment we must marr)?^ ourselves to the British fleet and nation. We must turn all our attentions to a maritime force, for which our resources place us on very high ground : and. having formed and connected together a power which may render reinforcement of her settlements here impossible to France, make the first cannon which shall be fired in Europe the signal for tearing up any settlement she may have made, and for holding "the two continents of America in sequestration for the common purposes of the United British and American nations. This is not a state of things we seek or desire. It is one v^hich this measure, if adopted ])y France, forces on us as necessarily, as any other cause, by the laws of nature, brings on its necessary effect. It is not from a fear of France that we deprecate this measure proposed by her. For iiowever greater her force is than. ours, compared in the abstract, it is nothing in comparison of ours, when to be exerted on our soil. But it is from a sincere love of peace, and a firm persuasion, that, bound to France by the interests and the strong sympathies still ex- istino" in the minds of our citizens, and holding relative positions which insure their continuance, we are secure of a long course of peace. Whereas, the change of friends, which will be rendered ne- cessary if France changes that position, embarks us necessarily as a belligeient power in the first war of Europe. In that case, France will have held possession of New Orleans during the interval of a peace, long or short, at the end of which it will be wrested from her. Will this short-lived possession have been an equivalent to her for the transfer of such a weight into the scale of her enemy ? Will not the amalgamation of a young, thriving nation, continue to that ene- my the health and force which are at present so evidently on the de- cline ? And will a few years possession of New Orleans add equal- ly to the strength of France ? She may say she needs Louisiana for the supply of her West Indies. She does not need it in time of peace, and in war she could not depend on them, because they would be so easily intercepted. I should suppose that all these considera- tions might, in some proper form, l>e brought into view of the gov- ernment of France. Though stated by us, it ought not to give of- fence ; because we do not bring them forward as a menace, but as ^ OF THOMAS JEFFERSON. 431 consequences not controllable by us, but inevitable from the course of things. We mention them, not as things which we desire by any means, but as things we deprecate ; and we beseech a friend to look forward and to prevent them for our common interests." * * " I have no doubt you have urged these considerations, on every proper occasion, with the government where you are. They are such as must have effect, if you can find means of producing thor- ough reflection on them by that government. The idea here is, that the troops sent to St. Domingo, were to proceed to Louisiana af- ter finishing their work in that island. If this were the arrange- ment, it will give you time to return again and again to the charge. For the conquest of St. Domingo will not be a short work. It will take considerable time, and wear down a great number of soldiers. Every eye in the United States is now fixed on the afiixirs of Louis- iana. Perhaps nothing, since the revolutionary war, has produced more uneasy sensations thvough the body of the nation. Notwith- standing temporary bickerings have taken place with France, she has still a strong hold on the affections of our citizens generall}". I have thought it not amiss, by way of supplement to the letters of the Secretary of State, to write you this private one, to impress you with the importance we affix to this transaction. I pray you to cherish Dupont. He has the Ijest dispositions for the continuance of friendship between the two nations, and pei haps you may be able to make a good use of him." On the 30th of April 1S03, the negotiation was concluded, and the entire province of Louisiana ceded to the United States for the sum of fifteen milhonsjof^dollars. The American negotiators seized the favorable moment to urge the claims of American mercjiantson the French Government, for spoliations on their property, which were allowed to .the amount of three millions seven hundred and fifty thousand dollars, and the bargain was thus closed. This im- portant acquisition more than doubled the territory of the United States, trebled the quantity of fertile country, secured the uncon- trolled navigation of the Mississippi and its tributaries, and opened an independent outlet for the produce of the Western States, free from collision with other Powers, and the perpetual dangers to our j^eace from that source. The treaty was received with unbounded approbation by the great majority of the nation. The monarchical federalists, particularly in the Eastern States, wrote and declaimed furiously against it. They saw in the great enlargement of our ter- ritory the seeds of a future dismemberment of the Union, by a sepa- raticyi into Eastern and Western confederacies, which they were 432 L.IFE, WRITINGS, AND OPINIONS rather disposed to foment than to discountenance. On the other Jiand, it was the opinion of the President, that the acquisition would prove an additional bond of union, rather than a cause- of dismem- berment ; that the laiger our association, the less would it be shaken by local factions ; and that no one could presume to limit the ex- tent to which the federative principle might operate efiectively. Mr, Madison maintained the same opinion in the Federalist ; and ex- perience has hitherto confirmed it. But in any yiew, were those imaginary and very apochryphal dangers worthy a moment's con- sideration, when contrasted with the certain and incalculable bles- sings of the conquest, as well positive and immediate, as by the avoid- ance, in future, of those interminable calamities Avhich would have ensured a contrary state of things .^ Was it not better that the op- posite bank of the Mississippi should be settled by our own brethren and children than by strangers of adversary feelings and principles ? With which should we have been most likely to have lived in harmony and friendl)'" intercourse, down to the present day ? To General Gates. — " I accept with pleasure, and with pleas- ure reciprocate your congratulations on the acquisition of Louisiana : for it is a subject of mutual congratulation, as it interests every man of the nation. The territory acquired, as it includes all the waters of the Missouri and Mississippi, has more than doubled the area of the United States, and the new part is not inferior to the old in soil, climate, productions, and important communications. If our legis- lature dispose of it with the wisdom we have a right to expect, they may make it the means of tempting all our Indians on the east side of the Mississippi to remove to the west, and of condensing instead of scattering our population. I iind our opposition is very Avilling to pluck feathers from Monroe, although not fond of sticking them in- to Livingston's coat. The truth is, both have a just portion of mer- it ; and were it necessary or proper, it would be shown that each has rendered pecuhar services, and of important value. These grumblers, too, are very uneasy lest the administration should share some little credit for the acquisition, the whole of which they ascribe to the accident of war. They would be cruelly mortified could they see ovu: files from Ma}'^, 1801, the first organization of the adminis- tration, but more especially from April, 1802. They would see, that though we could not say when war would arise, yet we said with energy what would take place when it should arise. We did not, by our intrigues, produce the war ; but we availed ourselves of it when it happened. The other party saw the case now existing, on which our representations were predicated, and the wisdom of timely sacrifice. But when these people make the war give us ev- OF THOMAS JEFFERSON. 433 ery thing, they autboiize us to ask what the war gave us in their day 'J They had a war ; what did they make it bring us 'I In- stead of making our neutrahty the ground of gain to their country, they were for phmging into the war. And if they were now in place, they woukl now be at war against the atheists and disorgani- zers of France. They were for making their country an appendage to England. We are friendly, cordially and conscientiously friendly to England, l3ut we are not hostile to France. We will be rigorous- ly just and sincerely friendly to both. I do not beheve we shall have as much to swallow from them as our predecessors had." To Doctor PiiiESTLEY. — " I very early saw that Louisiana was indeed a speck in our horizon, which was to burst in a tornado ; and the public are unapprized how near this catastrophe was. Nothing but a frank and friendly development of causes and etfects on our part, and good sense enougli in Bonapaitc to see that the train was unavoidable, and would change the face of the world, saved us from that storn). I did not expect he would yield till a war took place between France and England, and my hope Avas to palliate and en- dure, if Messrs. Ross, Morris, &c. did not force a premature rupture until that event. I believed the event not very distant, but acknowl- edge it came on sooner than J had expected. Whether, however, the good sense of Bonaparte might not see the course predicted to be necessary apd unavoidable, even before a war should be immi- nent, was a chance v.hich v:s. thouglit it c.i:r duty to try : but thoiiii- mediate prospect of rupture brought the case to immediate decision. The denouement has been happy : and I confess I look to this du- plication of area for the extending a government so free and econom- ical as ours, as a great achievement to the mass of happiness which is to ensue. Whether we remain in one confederac)^, or form into Atlantic and Mississippi confederacies, I believe not very important to the happiness of either part. Those of the v.estern confederacy will be as much our children and descendants as those of the east- ern, and I feel myself as much identified with that country, in future time, as with this : and did I now foresee a separation at some fu- ture day, yet I should feel the duty and the desire to promote the western interests as zealously as the eastern, doing all the good for both portions of our future family which should fall within my pow- To M, DupoNT Di: I^Jemoi'rs. — " The treaty which has so happily sealed the friendship of our two countries, has been receiv- ed here Avitli general acclamation. Some inflexible federalists have still ventured to brave the public opinion. It will fix their charac- ter with the world and with posterity, who, not descending to the other points of diffeience between us, will judge them by this fact, so palpable as to speak for itself, in all times and places. For my- self and my country I thank you for the aids you have given in it ; 434 LIFE. WRITINGS, AND OPINIONS and I congratulate you on having lived to give those aids in a transaction replete Avith blessings to unborn millions of men, and ■which will mark the face of a portion on the globe so extensive as that which now composes the United States of America. * * * Our policy will be to form New Orleans and the country on both sides of it on the Gulf of Mexico, into a State ; and, as to all above that, to transplant our Indians into it. constituting them a Mare- chaussee to prc\ent emigrants crossing the river, until we shall have ^lled up all the vacant country on this side. This will secure both Spain and us as to the mines of Mexico, for half a century, and we may safely trust the provisions for that time to the men who shall live in it." When the treaty arrived, the President convened Congress at the earhest day practicable, for its ratification and execution. The fed- eralists in both Houses declaimed and voted against it, but the)^ were now so reduced in numbers as to be incapable of serious opposition. The question on its ratification in the Senate was decided by twen- ty-four against seven. The vote in the House of Representatives for making provision for its execution, was carried by eighty-nine against twent3^-thiee. Mr. Pichon, Minister of Fiance, proposed, according to instructions from his government, to have added to the ratification a protestation against any failure in time or other circum- stances of execution, on our part. He was told by the President, that in that case a counter protestation would be annexed on our part, which would leave the thing exactly where it was ; that the negotiation had been conducted from the commencement to its pre- sent stage, with a frankness and sincerity honorable to both nations, and comfortable to the heart of an honest man to review ; that to annex to this last chapter of the transaction such an evidence of mu- tual distrust, would be to change its aspect dishonorably to both par- ties ; that we had not the smallest doubt that Fiance would punctu- ally execute her part ; and that he had more confidence in the word of the First Consul than in all the parchment we could sign. See- ing the ratification passed, and the bills for execution carrying by large majorities in l30th Houses, Mr. Pichon, like an able and hon- est Minister, undertook to do what he knew his employers would have done, with a like knowledge of the circumstances, and exchan- ged the ratifications purely and simply. So this instrument went before the world as an evidence of the candor and mutual confi- dence of the nations, which was attended with the best effects. OF THOMAS JEFFERSON. 435 (Commissioners were immediately deputed to receive possession. They proceeded to New Orleans, with such regular troops as were garrisoned in the nearest posts, and with some militia of the Missis- sippi territory. To be prepared for any thing unexpected, which might arise out of the transaction, a respectable body of militia was ordered to be in readiness, in the States of Ohio, Kentucky and Ten- nessee. No occasion, however, arose for their services. Our com- missioners, on their arrival at New Orleans, found the province al- ready delivered by the commissaries of Spain to that of France, who delivered it over to them on the 20th of December, 1803. The purchase of Louisiana is considered the greatest political event, next to the Revolution, commemorated in American history. The circumstance ought not to be overlooked that this mighty con- quest, exceeding in territory the greatest monarchy in Europe, was achieved, without the guilt or calamities of blood, from a mihtary autocrat, whose ceaseless ambition was an universahty of empire, and who, in the untamable pursuit of his purpose, went on demolish- ing nations at a blow, and partitioning the earth at pleasure, until vanquished by tlie consolidated power of Europe. The mind is lost in the magnificence of the achievement, and the vastness of its consequences ; its glories can only be commemorated in the unceas- ing homage of the unborn milhons who will participate of its bles- sings. '• There is no country" says a writer, " like the valley of the Mississippi on the face of the globe. — Follow the mighty ara- pitheatre of rocks that nature has heaped around it. Trace the ten tliousand rivers that unite their waters in the mighty Mississippi ; count the happy millions that already crowd and animate their banks — loading their channels with a mighty produce. Then see the whole, bound by the hand of nature in chains which God alone can sever, to a perpetual union at one little connecting point ; and by that point fastening itself by every tie of interest, consanguinity, and feeling, to the remotest promontory on our Atlantic coast. A few short years have done all this ; and yet ages are now before us : ages in which myriads are destined to multiply throughout its wide spread territory, extending the greatness and the happiness of our country from sea to sea. What would we have been without the acquisition of Louisiana ? What were we before it ? God and na- ture fixed the unalterable decree, that the nation which held New ' Orleans should govern the whole of that vast region. France, 436 LIFE, WRITINGS, AND OPINIONS Spain, and Great Britain, had bent their envious eyes upon it. And their intrigues, if matured, would eventually have torn from us that vast Paradise which reposes upon the western waters. * * Other conquests bring with them misery and oppression to the luck- less inhabitant. This brought emancipation, civil and religious freedom, laws, wealth, and the glories of the 8th of January." The humane and conciliatory policy extended towards the In- dians on our frontiers, was another distinguishing feature of the Ad- ministration. A free and friendly commerce was opened between them and the United States. Trading houses were established among them, and necessaries furnished them in exchange for their commodities, at such moderate prices as were only not losing to us, while highly advantageous to them. Instead of relying on an aug- mentation of mihtary force, proportioned to our constant extension of frontier, the President recommended a gradual enlargement of the capital employed in this species of commerce, as a more effectu- al, economical, and humane instrument for preserving peace and good neighborhood with the aborigines. The visible and tangible advantages of civilization were spread before their eyes, with a view to train their minds insensibly to the reception of its moral blessings. They were liberally supplied wnth the implements of husbandry and household use ; instructors in the arts of first necessity were located and maintained among them ; the introduction of ardent spirits in- to their limits, was prohibited, at the request of many of their chiefs ; and the punishment of death by hanging was commuted into death by mihtary execution, which was less repugnant to their ideas, and diminished the obstacles to the surrender of the criminah The practice of the art of vaccination, first successfully introduc- ed into this country by the patronage and philanthropic exertions of President Jefferson, was made by him to diffuse its blessings among the Indians, with an effect as astonishing as it was humane and endearing. The terrible pestilence, of wdiich this beneficent dis- covery proved a heaven-descended antidote, was even more fatal in its ravages among the natives of the wilderness than in civilized society. The medical skill of their physicians had not attained even to an assuagent of its violence. Whole tribes were swept away at a blast. They opposed no other shield against its attacks than flight, or the fortitude of martyrs. By the kind persuasions and attentive exertions of the President, they were induced to beheve in OF THOMAS JEFFERSON. 437 the efficacy of vaccination as a preventative. Coming from so good and great a father, they thought it must have been sent him horn the Great Spirit ; and whole nations submitted to the process of in- oculation, with the warmest benedictions on their benevolent pro- tector. These conciliatory measures of the government, with tlie most rigorous enactments against the intrusion and machinations of fanatical incendiaries and hostile emissaries, established and main- tained a course of friendly relations with the Indians, which was uninterrupted by war with a single tribe, during Mr. Jefferson's ad- ministration. Out of this continued state of peace and reciprocal kindness, treaties sprung up annually, which secured to the United States unbounded accessions to their territorial title. The same year that witnessed the acquisition of Louisiana, was distinguished by the purchase from the Kaskaskias, of that vast and fertile coun- try extending along the Mississippi, from the mouth of the Illinois, to, and up the Ohio ; which was followed, the next year, by the re- linquishment from the Delawares of native title to all the country between the Wabash and Ohio. These extensive acquisitions com- prehended the territory which forms the present States of IlUnois and Indiana. They were soon followed by other purchases of great ex- tent and fertility, from the Northern tribes, and from the Chicka- saws, Cherokees and Creeks, of the Southern. The amount of na- tional domain to which the native title was extinguished, under Mr. Jefferson, embraced nearly one hundred millions of acres ! In ex- change for this, with the enjoyment of an uninterrupted peace with them, the United States had only to pay inconsiderable annuities in animals, in money, in the miplements of agriculture, and to extend to them their patronage and protection. The administration of Mr. Jefferson, in relation to foreign Pow- ers, was based upon the broad principles of his inaugural maxim. • — " peace, commerce, and honest friendship with all nations, en- tangling alliances with none." His opinions on commerce were the same as those inculcated in his masterly report in '93 ; and they were such as have ever since been sanctioned by the government. The ports 6f the United States were declared open to all nations, with- out distinction, and the unmolested enjoyment of the ocean, as the common theatre of navigation, was claimed as an inviolaljle right. Freedom was offered for freedom, and prohibition was opposed to 38 438 LIFE- WRITINGS, AND OPINIONS prohibition, in equal measure, with every nation on the globe. A free system of commerce, which should leave to the fraternity of na- tions the exchange of mutual surplusses for mutual wants, on the basis of easy and exact reciprocity, was the first wish of his heart ; but if any nation, deceived by false calculations of interest into a contrary system, should defeat that wish, his determination was fix- ed to meet inequalities abroad, by countervailing inequalities at home, as the only eflectual weapon of coercion, and of sclf-protee tion. With regard to treaties, it was the system of the President to have none with any nation, as far as could be avoided. The exist- ing treaties, therefore, were permitted to expire, without renewal, and all overtures for treaty with other nations were declined. He be- lieved, that with nations as with individuals, dealings might be car- ried on asadvatitageously, perhaps more so, while their continuance depended on voluntary and reciprocal good treatment, as if fixed by a permanent contract, which, when it became injurious to either party, was made, by forced constructions, to mean what suited them, and became a cause of war, instead of a bond of peace. He had a perfect horror at every thing like connecting ourselves with the poli- tics of Europe. They were governed by so many false principles of foreign intercourse, that he deemed a temporary acquiescence under these, preferable to entangling ourselves with them by alliances ex- torted from our present imbecility on the water. Peace was now our most important interest, and a recovery from debt. " If we can delay but for a few years," he wrote to an American Minister, " the necessity of vindicating the laws of nature on the ocean, we shall be the more sure of doing it with effect. The day is within ony time as well as yours, when we may say by what laws other nations shall treat us on the sea. And we will say it. In the mean time we wish to let every treaty we have drop off Avithout renewal." With regard to the British government, in particular, he had so little confidence that they would voluntarily retire from their habitual wrongs in the impressment of our seamen, that without an express stipulation to that effect, he was satisfied we ought never to tie up our hands, by treaty, from the right of passing non -importation or non-intercourse acts, to make it their interest to become just. Out of this keen sensibihty to miaritime injuries, a transaction arose which has been a source of torrents of abuse upon the President. A commitiee of the Senate called on him with two resolutions of that body on the subject of impressment and spoliations by Great. OF THOMAS JEFFERSON. 439 Britain, and velien\ently urged the importance of an extraordinary mission, to demand satisfaction. The President revolted at the idea. After so many injuries and indignities fi'om that nation, such a mark of respect as an extraordinary mission, was a degradation to which he could not submit. He was so averse to the measiue, and gave them so hard an answer, that they felt it most sorely. But it did not end here. The members of the other House set upon him individually, and represented the responsibility which a failure to obtain redress would throw on him, pursuing a course in opposition to the opinion of nearly every member of the legislature. He found it necessary, at length, to yield to the general sense of the national council ; and accordingly nominated Mr. Monroe as Minister Ex- traordinary, to join the ordinary one, Mr. Pinckney, at the British Court. Explicit instructions were given them to conclude no treaty without a specific article guarding against impressments. After a tedious negotiation they succeeded in concluding a treaty — the best undotibtedly that could be procured — but containing no provision in conformity to the sine qua noii expressed in their instructions, rela- tive to aggressions on our seamen. Previously, by a letter from our negotiators, information had been received, that they had it in their power to sign such a treaty ; and in return the President had ap- prised them that should it be forwarded, it could not be ratified, and recommended a resumption of negotiations for inserting the stipula- tion in question. The treaty came to hand exactly in the exception- able shape in which the administration had predetermined against its acceptance. The President rejected it, on his oiv7i responsibil- ity, and transmitted instructions to put the treaty into an acceptable form, if practicable ; otherwise, to back out of the negotiation as well as they could, letting it die away insensibly. Besides the abandonment of the principle which was the great object of the extraordinary mission, there were other material ob- jections to the treaty, which abundantly justified the President in re- jecting it without consulting the opinions of the Senate. The Brit- ish commissioners appeared to have screwed every article as far as it would bear, to have surrendered nothing, and taken every thing. There was but a single article, the expunging of which would have left such a preponderance of evil in all the others, as to have made it infinitely worse than no treaty ; and even that article admitted only our right to enjoy the indirect colonial trade, during the pre- 440 LIFE, WRITINGS, AND OPINIONS aent hostilities. If peace was made that year, and war resumed the next, the benefit of this stipulation was gone, and yet we were bound for ten years, to pass no non-importation or non-intercourse laws, nor take any other measures to restrain the usurpations of the ' Leviathan of the ocean.' And to crown the whole, a protestation was annexed by the British Ministers, at the time of the signature, the eflect of which was to leave that government free to consider it a treaty or no treaty, according to their own convenience, while it bound the United States finally and unconditionally. This proceeding of the President was considered a mighty and a fatal error by the opponents of the administration ; and many sensible republicans even, were inclined to the opinion that he should have consulted the co-ordinate branch of the treaty-making power, on the question of rejection. But the Constitution has made the concurrence of both branches necessary to the confirmation, not to the rejection of a treaty ; and where that instrument has confided in- dependent matters to either department of government, it is both the right and duty of such department, to decide independently as to the com'se it ought to pursue. Mr. Jefferson acted upon this construc- tion ; and the same principle has been recognized, in repeated in- stances,, under both federal and repubhcan administrations. The leading principle of the constitution evidently is, the independence of the legislature, executive, and judiciary, of each other ; and the ut- most jealousy of this principle should be exercised by each, to prevent either of the others from becoming a despotic branch. This was the deliberate opinion of Mr. Jefferson, on which he always acted, and declared he would ever act, and maintain it with the powers of the government, against any control which might be attempted by the judiciary or legislature, in subversion of his right to move independ- ently in his peculiar province. Examples in which the position has been maintained, sufficient to establish its soundness, have abounded in the practice of the government. The most pointed and conspicuous instances are stated by Mr. Jefferson in the fol- lowing extract of a letter to Judge Roane, in 1819. " My construction of the constitution is very different from that you quote. It is that each department is truly independent of the others, and has an equal right to decide for itself what is the mean- ing of the constitution in the cases submitted to its action ; and es- pecially, where it is to act ultimately and without appeal. I will ex- plain myself by examples, which, having occurred while I was in OF THOMAS JEFFERSON. 441 office, are better known to me, and the principles which governed them. "A legislature had passed the sedition law. The federal comls had subjected certain individuals to its penalties, of fine and impris- onment. On coming into office, I released these individuals by the power of pardon committed to executive discretion, which could nev- er be more properly exercised than where citizens were suffering without the authority of law, or, which was equivalent, under a law unauthorized by the constitution, and therefore null. In the case of Marbury and Madison, the federal judges declared that commis- sions, signed and sealed by the President, were valid, although not delivered. I deemed delivery essential to complete a deed, which, as long as it remains in the hands of the party, is as yet no deed, it is in posse only, but not in esse, and I withheld delivery of the com- missions. They cannot issue a mandamus to the President or le- gislature, or to any of their officers.* When the British treaty of 180- arrived, without any provision against the impressment of our seamen, I determined not to ratify it. The Senate thought I should ask their advice. I thought that would be a mockery of them, when I was predetermined against following it, should they advise its rati- fication. The constitution had made their advice necessary to con- firm a treaty, but not to reject it. This has been blamed by some ; but I have never doubted its soundness. In the cases of two per- sons, antenati, under exactly similar circumstances, the federal court had determined that one of them (Duane) was not a citizen ; the House of Representatives nevertheless determined that the other (Smith of South Carolina) was a citizen, and admitted him to his seat in their body. Duane was a republican, and Smith a federal- ist, and these decisions were during the federal ascendency." The opinions of the President on the subject of the Mavy, were not, perhaps, such as have been generally approved ; though it is certain they have been greatly misunderstood and misrepresented. Great apprehensions were entertained by the federal party that Mr. Jefferson would annihilate the whole marine establishment ; but they were totally discredited by the event. His very first act, after having executed the law passed under his predecessor, for the sale of certain vessels and reducing the number of our naval officers, was to fit out a squadron for the Mediterranean, to resist a threatened aggression from Tripoli ; and this force, subsequently increased from time to time, by his recommendations, was the means of effecting the triumphant suppression of Algerine piracy. He afterwards recom- mended the construction of some additional vessels of strength, to be * The constitution controlling the common law in this particular. 38* 442 LIFE, WRITINGS, AND OPINIONS ill readiness for the first moment of war, provided they could be pre- served from decay, and perpetual expense, by being kept in ordinary. But the majority of the Legislature were opposed to any augmenta- tion of the navy ; and none consec^uently was made. This cir- cumstance is worthy of notice, as illustrative of the fact that Mr. Jefferson was less hostile to " the wooden walls of Themistocles" than the great body of his supporters. " I know," says a gentle- man* who executed the duties of that department for some time, " that no man was a greater friend to the navy than Mr. Jeffer- son. His acts brought it into notice — its own gallantry and bravery have done the rest — it now occupies a proud station in the eyes of the world. The bravery displayedby the Mediterranean squadron, in the war with Tripoli, raised the American character in Europe, and gave to our officers confidence in themselves. By affording tiieni much instruction and an opportunity of acquiring a practical knowledge of their profession, it prepared them for a future contest, in which they crowned themselves and their country with glory^ — fought their way to popularity at home, to the admiration of the world, and to the affections of their countrymen." It is moreover generally admitted, that the efforts of Mr. Jefferson, while in Paris, to fotm a perpetual alliance of the principal European powers against the Barbary States, and subsequently, while Secretary of State, to induce the administration to dispatch a force into the Mediterranean adequate to the protection of our commerce, laid the first foundations of the American navy. Upon this point, there is extant the authori- ty of a gentleman, whose knowledge of the subject enabled him to pronounce an opinion which will not be questioned. The following letter from John Adams to Mr. Jefferson, in 1822, with the answer of the latter armexed, places the history of the American navy in such a light, as ought to go far towards removing the injurious mis- apprehensions which have prevailed on the subject. '^ I have long entertained scruples about writing this letter, upon a subject of some delicacy. But old age has overcome them at last. " You remember the four sliips ordered by Congress to be built, and the four captains appointed by Washington, Talbot, and Trux- ton, and Barry, &c. to carry an ambassador to Algiers, and protect our commerce in the Mediterranean. I have always imputed this * Samuel Smith. OF THOMAS JEFFERSON. 443 measure to you ; for several reason?. First, because you frequently proposed it to me while we were at Paris, negotititing together lor peace with the Barbary powers. Secondly, because I knew that Washington and Hamilton were not only indifferent about a navy, but averse to it. There was no Secretary of the Navy ; only four Heads of department. You were Secretary of State ; Hamilton, Secretary of the Treasury ; Knox, Secretary of War ; and I be- lieve Bradford was Attorney General. I have alwa3^s suspected that you and Knox were in favor of a navy. If Bradford was so, the majority was clear. But Washington, I am confident, was against it in his judgment. But his attachment to Knox, and his deference to your opinion, for I know he had a great regard for you, might induce him to decide in favor of you and Knox, even though Bradford united with Hamilton in opposition to you. That Hamil- ton was averse to the measure, I have personal evidence ; for while it was pending, he came in a hurry and a fit of impatience to make a visit to me. He said, he was likely to be called upon for a large sum of money to build ships of war, to fight the Algerines, and he asked my opinion of the measure. I answered him that I was clear- ly in favor of it. For I had always been of opinion, from the com- mencement of the Revolution, that a navy was the most powerful, the safest, and the cheapest national defence for this country. My advice, therefore, was, that as much of the revenue as could possibly be spared, should be applied to the building and equipping of ships. The conversation was of some length, but it was manliest in his looks and in his air, that he was disgusted at the measure, as well as at the opinion that I had expressed. " Mrs. Knox not long since wrote a letter to Doctor Waterhouse, requesting him to procure a commission for her son, in the navy ; ' that navy,' says her ladyship, ' of which his father was the parent.' ' For,' says she, ' I have frequently heard General Washington say to my husband, the navy was your child.' I have always believed it to be Jefferson's child, though Knox may have assisted in usher- ing it into the world. Hamilton's hobby was the army. That Washington was averse to a navy, I had full proof from his own lips, in many different conversations, some of them of length, in which he always insisted that it was only building and arming ships for the English. ' iSi quid novisti rectius isiis, candidus imper- ii ; si no?i, his titere ?necum.^" Mr. Jefferson's reply : " I have racked my memory and ransac|ced my papers, to enable myself to answer the inquiries of your favor of October the 15th ; but to little purpose. My papers furnish me nothing, my memory, generalities only. I know that while 1 was in Europe, and anx- ious about the fate of our seafaring men, for some of whon?, then 444 LIFE, WRITINGS, AND OPINIONS ill captivity in Algiers, we were treating, and all were in like dan- ger. I formed, undoubtingly, the -opinion that our government, as soon as. practicable, should provide a naval force sufficient to keep the Barbary States in order ; and on this subject we communicated together, as you observe. When I returned to the United States and took part in the administration under General Washington, I constantly maintained that opinion ; and in December, 1790, took advantage of a reference to me from the first Congiess which met after I was in office, to report in fayor of a force sufficient for the protection of our Mediterranean commerce ; and I laid before them an accia-ate statement of the whole Barbary force, public and private. I think General Washington approved of building vessels of war to that extent. General Knox, I know, did. But what was Colonel Hamilton's opinion, I do not in the least remember. Your recollec- tions on that subject are certainly corroborated by his known anxi- eties for a close connection with Great Britain, to which l\e might apprehend danger from collisions between their vessels and ours. Randolph was then Attorney General ; but his opinion on the ques- tion I also entirely forget. Some vessels of war were accordingly built and sent into the Mediterranean. Tlie additions to these in your time, I need not note to you, who are well known to have ev- er been an advocate for the wooden walls of Themistocles. Some of those you added, were sold under an act of Congress passed while you were in office. I thought, afterwards, that the public safety might require some additional vessels of strength, to be prepared and in readiness for the first moment of a war, provided they could be preserved against the decay which is unavoidable if kept in the wa- ter, and clear of the expense of officers and men. With this view I proposed that they should be built in dry docks, above the level of the tide waters, and covered with roofs. I further advised, that pla- ces for these docks should be selected where there was a command of water on a high level, as that of the Tiber at Washington, by which the vessels might be floated out, on the principle of a lock. But the majority of the legislature was against any addition to the navy, and the minority, although for it in judgment, voted against it on a principle of opposition. We are now, I understand, building vessels to remain on the stocks, under shelter, until wanted, when they will be launched and finished. On my plan they could be in service at an hour's notice. On this, the finishing, after launching, will be a work of time. " This is all I recollect about the origin and progress of our navy. That of the late war, certainly raised our rank and character among nations. Yet a navy is a very expensive engine. It is admitted, that in ten or twelve years a vessel goes to entire decay ; or, if kept in repair, costs as much as would build a new one : and that a na- tion who could count on twelve or fifteen years' of peace, would gain by burning its navy and building a hew one in time. Its extent, OF THOMAS JEFFERSOX. 445 therefore, must be governed by circumstances. Since my proposi- tion for a force adequate to the piracies of the Mediterranean, a sim- ilar necessity has arisen in our own seas for considerable addition to that force. Indeed, I wish we could have a convention with the na- val powers of Europe, for them to keep down the pirates of the Mediterranean, and the slave ships on the coast of Africa, and for us to perform, the same duties for the society of nations in our seas. In this way, those collisions would be avoided between the vessels of war of different nations, which beget wars and constitute the weightiest objection to navies. I salute you with constant affection and respect." It appears that the only difference of opinion between these illus- trious Statesmen on the subject of a Navy, was as to the extent to which it should be carried. Mr. Adams was for a heavy establish- ment, ready at all times, and sufficient to compete with that of the most powerful nation on the water, the moment it should become our adversary. Mr. Jefferson thought that its extent should always be regulated by circumstances ; and this is unquestionably the re- publican doctrine. Being a very expensive engine, both in its first creation, and in its maintenance against the rapid and unavoidable ravages of exposure, he was for restraining it in time of peace to a force sutTicient only for the protection of our commerce ; and for confining all naval preparations against the contingency of war, to the building of ships in dry docks, where they could be kept free from decay, from the expense of officers and men, and ready at any moment for actual service. In addition to the incompetency of our resources to maintain a powerful navy, other and weighty objections existed at this time, which always had great influence on the mind of the President. The necessary midtiplication of those habitual violations of natur- al right, in the form of impressiTients, which affected him with such sincere horror ; the perpetual coUisions from other sources, fit- ted to embroil us continually with the nations whom we could in- deed master on the land, were sensible reasons against exhausting our strength on a navy, and transferring the scene of combat to a theatre where the enemy were omnipotent and we were nothing. To these might perhaps* be added, equality in the distribution of the public burthen, a favorite principle of administration with the President. One portion of the Union, whose contributions were least, would be elevated to greatness and wealth, to the depression 446 LIFE, WRITINGS; AND OPINIONS oi another portion, whose contrilnitions were greatest, and pecunia- ry remuneration comparatively httle. If there was error in this consideration, it was founded in a tremulous anxiety for the good of the whole, rather than an undue influence of sectional feeling, which scarcely found a place even in the credulity of his enemies. The plan for the establishment of diy docks, in pursuance of his naval system, was always a fruitful theme of raillery and repro- bation against the President ; and yet, it is somewhat surprising that the principle should have since been sanctioned by the govern- ment, and have obtained the concurrent approbation of the greatest maritime powers in Europe. A plan, agreeing in its chief features with that of Mr. Jefferson, though inferior to it in others, has since l^een adopted, both in this country and in Europe, for preventing ships from early decay, by keeping them out of the water, and protecting them from the weather, The most prodigal and aristo- cratic governments on the globe have now become converts to a practice, which, it was alleged, originated in the extreme of parsi- mony and pusillanimity. The institution of gun-boats, which composed a part of the naval system recommended by the President, has received an unlimited measure of condemnation at the hands of his political opponents. In this, however, as in many other cases, it is but reasonable lenity to conclude, that a great proportion of the clamor and denunciation originated in a wide misconception of the views of administration, of which they could only command detached parts, through an awfully exaggerating medium. The fundamental error of the op- position, in the present case, arose from a misunderstanding of the object for which this species of naval armament was designed. It is evident, that the President relied on gun-boats to the exclusion of ships of \Var, only in time of peace, and as supplementary to them, on the occurrence of war, when they would prove an inval- uable bulwark to all the vulnerable points of the country, until the ships could be let down from the stocks, and put in readiness. They were principally intended, in connection with land batteries, as fortifications of our harbors and sea-port towns, either in time of general peace, or when we were placed in the situation of neutrals ; and even in time of war, they were more adequate to this purpose of defence than unwieldy frigates and ships of the line. In this view, they formed a necessary and ingenious part of that economi- OF THOMAS JEFFERSON. 447 cal system of national defence, which he designed to substitute in place of the previously contemplated establishments. ' The system of fortifications projected by the preceding administration, consider- ing the number of harbors, which from their situation and impor- tance were entitled to defence, and the estimates already made of the fortifications planned for some of tliem, could not have been completed on a moderate scale for less than fifty millions of dollars, nor manned in time of war with less than fifty thousand men, and in peace, two thousand. And when completed, they would have availed little ; because all military men agree, that whenever a ves- sel may pass a fort without tacking under her guns, which is the .case at all our sea -port towns, she may be annoyed more or less, according to the advantages of the position, but can never be pre- vented. Our own experience during the revolutionary war proved this on various occasions.' These Avere the views and reasons, in part, which decided the President on adopting the institution of gun-boats, as a substitute in peace, in war an effective auxiliary. The outlines of the plan are exhibited in the following statement of the President. " If we cannot hinder vessels from entering our harbors, we should turn our attention to the putting it out of their power to lie, or come to, before a town, to injure it. Two means of doing this may be adopted in aid of each other. 1. Heavy cannon on trav- elling carriages, which m.a}^ be moved to any point on the bank or beach most convenient for dislodging the vessel. A sufficient number of these should be lent to each sea-port town, and their militia trained to them. The executive is authorized to do this ; it has been done in a smaller degree, and will now be done more competently. " 2. Having cannon on floating batteries or boats, which may be so stationed as to prevent a vessel entering the harbor, or force her, after entering, to depart. There are about fifteen harbors in the United States, wliich ought to be in a state of substantial defence. The whole of these would require, according to the best opinions, two hundred and forty gun- boats. Their cost was estimated by Captain Rodgers at two thousand dollars each ; but w^e had better say. four thousand dollars. The whole would cost one million of dollars. But we should allow ourselves ten years to complete it, unless circumstances should force it sooner. There are three situa- tions in which the gun-boat may be. 1. Hauled up under a shed^ in readiness to be launched and manned by the seamen and mili- tia of the town on short notice. In this situation she costs nothing but an enclosure, or a centinel to see that no mischief is done to 448 LIFE, WRITINGS, AND OPINIONS ber. 2. Afloat, and with men enough to navigate her in harbor and take care of her, but depending on receiving her crew from the town on short warning. In this situation, her annual expense is about two thousand dollars, as by an official estimate at the end of this letter. 3. Fully manned for action. Her annual expense in this situation is about eight thousand dollars, as per estimate subjoined. When there is general peace, we should probably keep about six or seven afloat in the second situation ; their annual ex- pense twelve to fourteen thousand dollars ; the rest all hauled up. When France and England are at war, we should keep, at the ut most, twenty-five in the second situation, their annual expense fifty thousand dollars. When we should be at war ourselves, some of them would probably be kept in the third situation, at an annual expense of eight thousand dollars ; but how many, must depend on the circumstances of the war. We now possess ten, built and building. It is the opinion of those consulted, that fifteen more would enable us to put ever)'' harbor under our view into a respect- able condition ; and that this should limit the views of the present year. This would rec[uire an appropriation of sixty thousand dol- lars, and I suppose that the best way of limiting it, without declar- ing the number, as perhaps that sum would ])uild more." So much for the bruited system of fortification contemplated by the establishment of gun-boats, — the most simple, economical, and, when relied on for the strict purpose of its institution only, the most eflfective system of fortification ever yet devised by the wisdom of man. Its efficacy for the defence of harbors, may be estimated in part, from that of galleys, formerly much used, but less power- ful, more costly in their construction and maintenance, and requir- ing more men. In the Mediterranean, the superiority of gun-boats for harbor service, has been eminently illustrated by experience. Algiers is particularly known to have owed to a great supply of these vessels, the safety of its city, since the epoch of their con- struction. Before that, it had been repeatedly insulted and injured. The effect of gun-boats in the neighborhood of Gibraltar is well known, and how much they were used both in the attack and de- fence of that place, during a former war. The remarkable action, between the Russian flotilla of gun-boats and galleys, and a Turk- ish fleet of ships of the line and frigates, in the Liman sea, in 1788, is matter of historical record. The latter, commanded by their most celebrated Admiral, were completely defeated, and several of their ships of the line destroyed. There is not, it is believed, a maritime nation in Europe, which has not adopted the same species of arma- OF THOMAS JEFFERSON. 4iy ment for the defence of some of its harbors ; the English and French certainly have ; by the Northern Powers of the continent, whose seas are particularly adapted to them, they are still more used ; and it is stated,* with much confidence, that the only occasion on which Ad- miral Nelson was ever foiled, was by gun-boats at 'Boulogne. Daring the first four years of his administration, the opposition to the President was continued with unabated fury, though greatly di- minished and constantly diminishing in numerical strength. The measures pursued by the General government for the amelioration of the public affairs, were so palpably wise and salutary, as to have united in its -support, within that period, all descriptions of people who v.^ere not monarchists in principle. Those v/ho were such, re- mained outstanding in all the tempest uousaess of their indignation against the republican ascendency. This grade of politicians, the President had from the beginning abandoned, as incurables, and de- clared he would never turn an inch out of his way to reconcile them. He considered them as utterly irreclaimable, to be taken care of m v, mad-house if necessary, and on motives of charity. They were principally confined to the New England and Middle States, power- ful in wealth, but feeble in numbers, and sinking daily in the pub- lic estimation and influence over their satellites, from the dissonance of their principles with the sentiments of the overwhelming majori- iy of the nation. They were astounded at the sudtlenness and ir- reslstibleness of the desertion ; but they had committed themselves too far to retract, and the violence of their opposition increased with its desperation. They brooded over their disappointments, liewail- ed their dilapidated greatness, gave vent to their angry discontents, through the newspapers under their control, and made as much noise as if they composed the whole nation. The old and insane aspersions of French influence, of jacobinism, of atheism, of libertin- ism, of seduction, of adultery, of cowardice, of treason, of fraud, robbery, &c. &c. were daily disgorged from the press and the pulpit ; new calumnies, of kindred audacity, were copiously invented, anddis- seminated with malignant industry. 'The clergy who had missed their union with the State, the Anglomen who had missed theirunion with Great Britain, the political adventurers v/ho had lost the chance of swindling and plunder in the waste of public money,' and the Au- * Soutiiern Review, February No. 1830. 39 450 LIFE, WRITINGS, AND OPINIONS gean herd of quondam officers, who had been stript of the power to over- awe and strangle the freedom of elections, kept up an interminable and obstreperous bawling, Irom the moment of the breaking up of their sanctuary, until the last hope of its recovery yielded to inextin- guishable despair. Every measure of the administration, however meritorious, and demonstratively beneficial, great and wise, was re- probated with indiscriminate condemnation ; and a thousand meas- ures, which were never meditated, were weekly delated to the pub- lic, merely to found a text and pretext for calumniating commenta- ries. " I shall take no other revenge," the President wrote to a friend, " than, by a steady pursuit of economy and peace, and by the estabhshment of republican principles in substance and in form, to sink federalism into an abyss from which there shall be no resur- rection for it." The following extract from a letter of the President to Judge Sullivan, of Massachusetts, gives a forcible idea of the licen- tiousness of the press, at this period, and of his remarkable firmness under it. '" You have indeed received the federal unction of lying and slan- dering. But who has not ? Who will ever again come into emi- nent office, unanointed with this chrism ? It seems to be fixed that falsehood and calumny are to be their ordinary engines of opposi- tion ; engines which will not be entirely without effect. The circle of characters equal to the first stations is not too large, and will be lessened by the voluntary retieat of those whose sensibilities ars stronger than their confidence in the justice of public opinion. I certainly have known, and still know, characters eminently quali- fied for the most exalted trusts, who could not bear up against the brutal hackings and hewings of these heroes of Billingsgate. I may say, from intimate knowledge, that wCshould have lost the services of the greatest character of our country, had he been assailed with the degree of abandoned licentiousness now practised. The torture he felt under rare and slight attacks, proved that under those of which the federal bands have shown themselves capable, he would have thrown up the helm in a burst of indignation. Yet this ef- fect of sensibiUty must not be yielded to. If we suffer ourselves to be frightened from our post by mere lying, surely the enemy Avill use that weapon ; for what one so cheap to those of whose system of politics morality makes no part ? The patriot, like the Christian, must learn that to bear revilings and persecutions is a part of his duty ; and in proportion as the trial is severe, firmness under it be- comes more requisite and praiseworthy. It requires, indeed, self- command. But that will be fortified in proportion as the calls for its exercise are repeated. In this I am persuaded we shall have the OF THOMAS JEFFERSON. 451 benefit of your good example. To the other falsehoods they have brought forward, should they add, as you expect, insinuations of want of confidence in you from the administration generally, or my- self particularly, it will, like their other falsehoods, produce in the public mind a contrary inference.'^ Driven to the last degree of desperation, and restrained by pride from acquiescing under the government, the rebellious temper of the opposition worked so convulsively as to force them at last into trea- sonable combinations for dismembering the Union. Horrible and painful as the retrospection may seem, it is the duty of impartial history to record, as a solemn admonition to future ages, that there were not wanting, even in this day of unexampled national pros- perity, hearts to conceive and pens to advocate, a separation of the Union into Northern and Southern confederacies. The reader will recollect, with what severe and overpowering reasoning Mr. Jeffer- son rebuked a similar suggestion from a republican quarter, druing the afflicting crisis of '98 — '99, while laboring under the oppressions and persecutions of the Eastern monarchical ascendency.* The plan of the opposition now v.^as, to divide the republicans, join the minority, and by effecting a secession of the Eastern and part of the Middle States, to establish a separate government, under a he- terogeneoiLs amalgamation of federalism and republicanism. Nor was this stratagem 'wholly unsuccessful ; many republicans were entrapped into it, which produced alarming schisms, in some States, among the supporters of the government. The following extracts from the correspondence of the President, in 1804, relative to this subject, are pregnant with instruction not inapplicable to the present generation. To G. Grangicr. — " In our last conversation you mentioned a federal scheme afloat, of forming a coalition between the federalists and republicans, of what .they called the seven eastern States. The idea was new to me, and after time for reflection, I had no opportuni- ty of conversing with you again. The federalists know that, eo no- 7?iine, they are gone for ever. Their object, therefore, is, how to re- turn into power under some other form. Undoubtedly they have but one means, which is to divide the republicans, join the minority, and barter with them for the cloak of their name. I say, joiri the minority ; because the majority of the republicans, not needing them, will not buy them. The minority, having no other means *See page 380. 152 LIFE, WRITINGS, AND OPINIONS of ruiiiiy the iiiajoiity, will give a price for auxiliaries, and that price must be principle. It is true that the federalists, needing their num- !:)ers also, must also give a price, and principle is the coin they must pay in. TJius a bastard system of ftdero-republicanism will rise oa the ruins of the true principles of our revolution. And when this party is formed, who will constitute the majority of it, which ma- jority is then to dictate ? Certainly the federalists. Thus their proposition of putting themselves into gear with the I'cpublican mi- nority, is exactly like Roger Sherman's proposition to add Connec- ticut to Rhode Island. The idea of forming seven Eastern States is moreover clearly to form the basis of a separation of the Union. Is it possible that real republicans can be gulled by such a bait ? And tor what ? What do tliey wish, that they have not ? Federal meas- ures ? That is impossible. Republican measures ? Have they them not? Can any one deny, that in all important questions of jirinciple, republicanism prevails ? But do they want that their in- tiividual will shall govern the majority'? They may purchase the gratification of this unjust wish, for a little time, at a great price ; but the federalists must not have the passions of otlier men, if, after get- ting thus into the seat of power, they suffer themselves to be govern- ed by their minority. This minority may say, that whenever they relapse into their own principles, they will quit them, and draw the ijcat from under them. They n)ay quit them, indeed, but, in the mean time, all the venal will have become associated with them, and will give them a majority suliicicnt to keep them in place, and to enable them to eject the heterogeneous friends by whose aid they got again into power. I cannot believe any portion of real repubU- cans will entei- into this trap : and if they do, I do not believe they can carry with them the mass of their States, advancing so steadih" as we see them, to an union of principle with their brethren. It will be found in this, as in all other similar cases, that crooked schemes will end by overwhelming their authors and coadjutors in disgrace, and that he alone who walks strict and upright, and who in matters of opinion will be contented that others should be as free as himself, and acquiesce when his opinion is fairly overruled, will attain his object in the end. And that this may be the conduct of us all, 1 oflin- my sincere prayers, as well as for your health and hap- piness.'" To Doctor Logan. — " I see with infinite pain the blood}' schism which has taken place among our friends in Pennsylvania and New York, and will prol^ably take place in other States. The main body of both sections mean well, but their good intentions will produce great public evil. The minority, whichever section shall be the mi- nority, will end in coalition with the federalists, and some comprom ise of principle ; because these will not sell their aid for nothing. Republicanism will thus lose, and royalism gain, some port'on of that OF THOBIAS JEFFERSON. 453 ground which we thought we had rescued to good government. I do not express my sense of our misfortunes from any idea that they are remediable. I know that the passions of men will take their course, that they are not to be controlled but by despotism, and that this melancholy truth is the pretext for despotism. The duty of an upright administration is to pursue its course steadily, to know noth- ing of these family dissensions, and to cherish the good principles of both parties. The war ad internecionern which we have waged against federalism, has filled our latter times with strife and unhap- piness. We have met it, with pain indeed, but with firmness, be- cause w^e believed it the last convulsive effort of that Hydra, which in earher times we had conquered in the field. But if any degener- acy of principle should ever render it necessary to give ascendency to one of the rising sections (of republicans) over the other, I thank my God it will fall to some other to perform that operation. The only cordial I w^ish to carry into my retirement, is the undivided good will of all those with whom I have acted." It had been Mr. Jefferson's fixed intention, from the moment of his entering office, to have retired from the government at the ex- piration of his first term ; and he continued to indidge the pleasing anticipation untU the ultimate point of time allowed him for a decis- ion. But the unmitigable pertinacity of the opposition, which was now developing itself in threatening forms, in those inchoate divis- ions among the republicans in some States, which, by opening the question of a successor, their own folly and the machinations of the enemy would find scope and opportunity to consummate, forced his continuance in power another term, for the pubhc good ; and the multitude of defamatory imputations, on which he had been solemn- ly arraigned before the world, required him to appeal once more to the tribunal of public opinion, for his own honor, "f sincerely re- gret," he wrote to a friend in Massachusetts, " that the unbounded calumnies of the federal party have obliged me to throw myself on the verdict of my country for trial, my great desire having been to retire at the end of the present term, to a life of tmnquillity ; and it was my decided purpose when I entered into office. They force my continuance. If we can keep the vessel of State as steadily in her course for another four years, ray earthly purposes will be accom- plished, and I shall be fi-ee to enjoy, as you are doing, my family, my farm, and my books." The President entertained no doubt of receiving a triumphant justification at the hands of his grateful countrymen. The affairs 39* 451 LIFE, WRITINGS. AND OPINIONS of the nation were progressing in an unparalleled train of prosper- ity, internal and external. During the four years of the preceding administration, the national debt had increased about four millions of dollars, accompanied by excessive loans, on an usurious interest. During the three and a half years of Mr. Jefferson's administration, he Imd exting-u ished more than thirteen and a half milUons of the principal of the pul)lic de!)t, with a greater sum of interest ! which was a nettgain, by the republican change, of seventeen and a half millions, or two and a half millions more than the whole purchase money of Louisiana ! and, proceeding in the same ratio, he would have discharged the whole national debt in twelve years more. That done, the annual revenue, which was now thirteen millions, and would then be twenty-five, would defray the expenses of any war we mightbe forced into, without recurrence to new taxes or loans. This irreat and fast increasina; icvenue, which had enabled the execu- live to double the original possessions of the United States, to extin- guish the native title to a boundless extent of soil within their limits, to discharge the current expenses of the government, and to appro- priate, by a fixed and permanent law, eight millions of dollars annu- ally, to the extinguishment of the public debt — the whole of this revenue was derived from the consumptio]i of foreign luxuries, by those who could afiord to add them to domestic comforts. No far- mer, no mechanic, no laborer ever saw a tax-gatherer of the United States ; nor was there any borrowing of money. The fruits of this golden era of the republic, were a commerce more extended, in pro- portion to our population, and an industry more productive, than the United States have enjoyed at any other period, before or since. Republicanism was re-estabhshed in all its ancient vigor, five sixths of the people being cordially aggregated in its support. In such a state of things, it was scarcely in human nature to desire a change of administration, or to conceive its practicability. Though conducted with gieat animosity, the contest hardly de- served the name of one, so overwhelming was the majority in favor of the existing order of things. Mr. Jefferson was re-elected by a vote of one hundred and sixty-two against fourteen. The only States which voted for his opponent, Pinckney, were Connecticut and Delaware, with two districts in Maryland. George Clinton was elected Vice President_ by the same majority over Rufus King. The amendment of the Constitution, which in the mean time had OF THOMAS JEFFERSON. 455 taken place, debated the minority from an attempt of the scandalous scenes of Febiuaiy, 1801. The unanimity of the vote on the pre sent occasion, while it pronounced an incomparixble judgment of ap- probation on the character ot the administration, is really unexam- pled in the history of the United States, considering the circum- stances of the times. The vote subsequently given to Mr. Mom'oe, though more nearly unanimous, was much less extraordinary. The latter vote was given in a season of dead calm ; the former, amid the raging fury of the tempest. Every other Chief Magistrate, also, except General Jackson, has rode into office on the same tide of ■ opinion that sustained his predecessor. They alone on an opposing one ; and in four years Mr. Jefferson amalgamated both currents in his favor, in defiance of every obstruction which the ingenuity of man could devise. On the 4th of March, 1805, Mr. Jefferson re-entered upon the duties of the Chief Magistracy, for another term. The same ab- sence of all parade and ostentation, which characterized the former inauguration, was rigorously observed on the present occasion. As the first inaugural address of the restorer of republican government, had been appropriately all promise and profession, so the second was triumphantly all performance, being a niodest recapitulation, in very succinct form, of the prominent transactions of his administra- tion, in pursuance of the principles which he had inculcated from the beginning. How rarely does it happen to civil rulers to exhibit a faithful exemplification in office, of the professions which carried them into it ! And what an unanswerable commentary does this rare occurrence pronounce, on the honesty and conscientious devo- tion to principle of the republican party of the United States. For the first time, perhaps, in the history of the world, was seen a body of men raised to power, steadily and scrupulously abiding by the principles they had professed during their exclusion ; and, in self- denying obedience to this purpose, laboring to diminish the amount of patronage and influence, which they received from their predeces- sors.* To the general character above stated of the second inaugural address of the President, there were two exceptions, in which addi- tional principles were inculcated. The crusade preached against * Warden's History of the United States. ^ 456 LIFE, WRITINGS, AND OPINIONS philosophy hy the disciples of steady habits, at that em, induced him to dwell at considerable length in illustrating its effects with the Indians. The craft and iniluence of these seditious intruders,, operating upon the prejudices and ignorance of the Indians, had al- ways embarrassed the general government in its efforts to change- their pursuits, and ameliorate their unhappy condition. " These persons," said he, "inculcate a sanctimonious reverence for the cus- toms of their ancestors ; that whatsoever they did must be done through all time ; that reason is a false guide, and to advance un- der its council in their physical, moral, or political condition, is per- ilous innovation ; that their duty is to remain as their Creator made them, ignorance being safety, and knowledge full of dan-, ger ; in short, my friends, among them is seen the action and counteraction of good sense and bigotry ; they too, have their anti- philosophers, who iind an interest in keeping things in Uieir pres- ent state, who dread reformation, and exert all their faculties to maintain the ascendency of habit over the duty of improving our reason and obeying its mandates." The other exception aboveraentioned, in which new principles were advanced, regarded the appropriation of the surplus revenue of the nation, after the final redemption of the public debt. The epoch being not far distant, when that propitious event might be safely calculated to happen, the President thought it a fit occasion to suggest his views on the most eligible arrangement and disposal of the public contributions, upon the basis which would then be presented. Should the impost duties be suppressed, and that ad» vantage given to foreign over domestic manufactures ? Should they be diminished, and upon what principles? Oi" should they be con- tinued, and applied to the purposes of internal improvement, educa- tion &c. ? were questions which he submitted to the consideration of the people, and subsequently urged upon the attention of the Legislature in his official communications. They are questions which agitate the present authorities of the government, to a pecu- liar degree, and are becoming extremely interesting to the nation.. The President did not hesitate to recommend, that the revenue,, when liberated by the redemption of the public debt, should, by a just repartition among the States, and a corresponding amendment of the constitution, be applied, in time of peace, to livers, canals,, roads, arts, manufactures, education, and other great objects of pub- OF THOMAS JEFFEliSON. 457 4 lie utility within each State ; and in time of war, should injustice by ourselves oi others ever produce war, to meet the accumulated expenses of such a crisis from year to year, to w^hich th.e superabun- dant and current resources would be fully adequate, without en- croaching on the rights of future generations by burthening them with the debts of the past. War would then be but a suspension, for the time being, of useful works; and the restoi ation . of peace, a return to the progress of improvement, luitrammeled by pecimiary embarrassments. Instead, therefore, of reducing the revenue aris- ing from the consumption of foreign articles, to the actual amount necessary for the current expenses of the government, the President recommended its continuance, wntli certain modifications, and ap- plication to works of internal improvement. On some articles of more general and necessary use, he advised a suppression of the impost ; but the great mass of the articles on which duties were paid, were foreign luxuries, purchased by those who were rich enough to use them without feeling the tax. Their patriotism cer- tainly, he thought, would prefer a continuance of the general s)'s- tem, which, while not oppressive to themselves, would prove im- mensely advantageous to the nation, by furnishing the means of public education, roads, rivers, canals, and such other objects of public improvement as it might be thought proper to add to the con- stitutional enumeration of federal powers. By these operations, new channels of communication would be opened between the States, the lines of separation be made to disappear, their interests be identified, and their union cemented by new and indissoluble ties. Impressed with tiie eternal and inseparable connection betvreen lib- erty and knowledge, he placed education among the first and wor- thiest of the objects of public care ; ' not with a view to take its or- <- ^ dinary branches out of the hands of private enterprise, which man- / aged so much better all the concerns to v;l)ich it was equal : but . for the purpose of enlarging its sphere, by supplying those sciences, S which, though rarely called for, were yet necessary to complete the ' circle, all the parts of which contributed to the improvement of the / nation, and some of them to its preservation.' In pursuance of this idea, he recommended to the consideration of Congress the estab- lishment of a National University, with such an extension of the federal powers as should bring it legitimately within their jurisdic- tion. He believed an amendment of the constitution, bv consent 45S LIFE, WRITINGS, AND OPINIONS of the States, necessary, as well for this, as for the other objects of pubhc improvement, which he recommended ; because they were not among those enumerated in the constitution, and to which it permitted the public money to be applied. So early as 1806, he in- formed Congress, that by the time the State Legislatures should have deliberated upon the appropriate amendment to the constitution, the necessary laws be passed, and arrangements made for their execu- tion, tlie requisite amount of funds would be on hand, and without employment. He contributed liberally to the establishment of the proposed institution, permitted his name to be placed at the head of it, and used every exertion to carry it into operation ; but the germ was unhappily blighted by sectional jealousies. The pre-eminently happy and advantageous train in which the affairs of the nation were established, within the President's first term, left little for the residue of his administration to accomplish, except to maintain peace and neutrality amidst the agitating con- vulsions of a warring world ; and to rescue the Union from one of the most nefarious and gigantic conspiracies recorded in mod- ern history. The measures called into action by these two for- midable dilliculties, developed two opposite extremes of character in the government, which were so admirably adapted each to its respective exigency, as to have worked out for the country an al- most supernatural deliverance. The extraordinary forbearance and moderation manifested under the pressure of the external crisis, were as necessary to our safety, as the energy and promptitude with which the inteinal enemy was crushed, and laid prostrate at the feet of government, with all the embryo honm's of rebellion on his head. The traitorous conspiracy of Burr would scarcely have fallen with- in tile purview of these outlines, were it not for the strong case pre- sented in his acquital, in addition to many others that have since occurred, in which the predominance of federalism in the Judiciary, covered and emboldened Ijy its irresponsibility, has set at deiiaucB the Executive, the Legislature, and the general sense of the nation. ]Never was there an occurrence in which the innate force of (his gov- ernment was so eminently proved, as in the sudden suppression of this gigantic treason, nor in which its avenging powers were so com- pletely battled, as in the protection from condign punishment, of the arch mover and perpetrator. The conspiracy was one of the most flasritious of which history will ever furnish an example ; and there OF THOMAS JEFFERSON. ^ 459 was probably not a peison in the United States who entertained a doubt of the real guilt of the accused. His purpose was to separate the western States from the Union, annex Mexico to them, estab- lish a monarchical government, with himself at the head, and thus provide an example and an instrument for the subversion of our liberties. The American Cataline, cool, sagacious and wary, like his ancient prototype, had probably engaged one thousand men to follow his fortunes, without letting them know his projects, further Uian by assurances that the government approved of them. The great majority of his adherents took his assertion for this, but with those who would not, and were unwilling to embark in his enter- prises without the approbation of the government, the following stratagem was practised. A forged letter, purporting to be from the Secretary of War, was made to express his approbation, and to say that the President was absent at Monticello, but that, on his return, the enterprise would be sanctioned by him without hesitation. This letter was spread open on Burr's table, so as to invite the eye of all who entered his room ; and he contrived occasions of sending up into his room, those whom he wished to become witnesses of his act- ing under sanction. By this means, he avoided exposing himself to any liability to prosecution for forgery, while he proved himself a master in the arts of the conspirator. The moment the proclama- tion of the President appeared, undeceiving his deluded partisans, Burr found himself stript of his surreptitious influence, and left with about thirty desperadoes only. The people rose in mass, wherever he appeared or was suspected to be, and by their energy, the rebel- lion was crushed in an instant, without the necessity of employing a detachment of the military, except to guard their respective sta- tions. His first enterprise was to have seized New Orleans, which he supposed would effectually bridle the upper country, reduce it in subjection to him, and plant him at the door of Mexico without an enemy in the rear. But, on the unfiu4ing the ensigns of the Union there was not a single native Creole, and only one American, of tliose settled there before we received the possession, but that aban- doned his standard, and rallied under the sacred banners of the con- stitution. His real partisans were the new emigrants from the Uni- ted States and elsewhere, fugitives from justice, disaffected politi- cians, and desperate adventurers of all descriptions. The event was a happy one. It was always a source of exultation to the President, 460 LIFE, WRITINGS, AND OPINIONS inasmuch as it realized his prophetic declaration on assuming the helm of public affairs — ' that a republican government was the strongest one on earth, and the only one, where every man at the call of the law, would fiy to the standard of the law, and would meet infractions of the public order, as his own personal concern.' The atrocity of the crime, however, and the existence of the most con-* elusive proof, compelled him, as it did every other reflecting mind, to seek in some other hypothesis than the jealous provisions of the laws in favor of the accused, the acquital of this, the greatest of modern parricides. The result of the trial astonished the world, and con- founded the spectators, from whose minds every doubt had vanish- ed, when the investigation was suddenly arrested by the decision of the Comt. The truth is, the monarchical federalists made Burr's case their own, as they did his moral treason in February, 1801, as they did the enterprise of Miranda, in 1805, and the insurrectionary plot of Henry in 1809, mortified only that he did not succeed in over- turning the republic, and introducing their favorite establish- ment of a monarchy. The plainest principles of law were perverted to rescue the accused from condemnation. The trial was at first pressed on rather precipitately, without allowing the requisite time and facihties for procuring witnesses, and afterwards arrested, before one half of those in actual attendance were examined. Of the one hundred and thirty witnesses collected at Richmond, only fifteen were examined ; and of these fifteen but a few were permitted to disclose any thing implicating the direct agency of Burr. The most material testimony was suppressed. All revealments were evaded by the accomplices, who betrayed a wonderful peculiarity of confidence in ulterior security, by the contemptuous rejection of pardons from the Executive. The very verdict of the jury, ' that the accused was not proved guilty hy any evidence submitted to thern^ was a virtual acknowledgement, that the defect was in the application of the law, or the law itself, not in the evidence of guilt ; and this verdict was ordered to be recorded simply, '■ Not guilty.' Indeed, all the abuses and despotic consequences of tlie immovable tenure of the Judiciary — except by process of im- peachment — and their consequent irresponsibility to any practicable control, were conspicuously demonstrated on the present memorable occasion. They were so palpably enormous, and exposed to the pub- OF THOMAS JEFFERSON. 461 lie eye, as to excite a deep sensibility through the republican body of the nation. No further confirmation was wanting to fix the President unalterably in the opinion, long entertained by him, that , \ in this defect of the Constitution lurked the germ, which, unless \? timely eradicated, was destined to destroy the happy equilibrium of powers in the General government, and between the General and State governments. In a letter to Wm. B. Giles, he writes : — " If there ever had been an instance in this or the preceding administrations, of federal judges so applying principles of law as to condemn a federal or acquit a republican offender, I should have judged them in the present case with more charity. All this, however, will work well. The nation will judge both the offender and judges for themselves. If a member of the executive " or legislature does wrong, the day is never far distant when the people will remove him. They will see then, and amend the error in our constitution, which makes any branch independent of the . nation. They will see that one of the great co-ordinate branches of the government, setting itself in opposition to the other two, and tC' / the conniion sense of the nation, proclaims impunity to that class of offenders which endeavors to overturn the constitution, and are \ themselves protected in it by the constitution itself : for impeach- . ment is a farce which will not be tried again. If their protection of Burr produces this amendment, it will do more good than his con- demnation would have done. Against Burr, personally, I never had one hostile sentiment. I never, indeed, thought him an honest; frank-dealing man, but considered him as a crooked gun, or other perverted machine, whose aim or shot you could never be sure of Still, while he possessed the confidence of the nation, I thought it my duty to respect in him their confidence, and to treat him as if he de served it : and if his punishment can be commuted now for an use- ful amendment of the constitution, I shall rejoice in it." While on the subject of the independence of the Judiciary, it may be proper to examine the opinions of Mr. Jefferson at a subsequent date, in a more general sense, and under a more dispassionate con- templation of the question, than was practicable in the state of sen- sibility excited by the particular case of Burr. The tenure of good behavior allotted to the federal Judges, was a defect in the Con- stitution, of which no one thought at the time of its adoption, nor until the abusive tendencies of the principle had begun to develope themselves in action. The monstrous amplitude of jurisdiction as- sumed during the federal ascendency, nearl)'^ co-extensive with the common law, the arrogance and severity of the Judges against of 40 462 LIFE, WRITINGS, AND OPINIONS fenders under the Sedition Law, and the subsequent failure of the impeachment of Judge Chase for the most flagrant irregularities of official conduct, seem fust to have awakened the thinking part of the pubhc in general, and Mr. Jeflerson in particular, to a sense of the dangerous error which made one of the three branches of gov- ernment so effectually independent of the nation. His solicitudes upon this important subject appeared to increase every 5^ear after- wards, following him steadily into his retirement, as new occasions of usurpation administered new ahment to his alarms, and superad- ded materials for anxious political reflection. The following ex- tract of a letter to William T. Barry, in 1S22, evinces the state of his convictions at that period, and the earnestness of his endeavors to procure the necessary amendment of the Constitution. " Very many and very meritorious were the ^^■orthy patriots who assisted in bringing Ijack oar government to its republican tack. To preserve it in that will require unremitting vigilance. Whether the surrender of our opponents, their reception into our camp, their assumption of our name, and apparent accession to our objects, may strengthen or weaken the genuine principles of republicanism, may be a good or an evil, is yet to be seen. I consider the party division of whig and tory the most wholesome which can exist in any gov- ernment, and well worthy of being nourished, to keep out those of a more dangerous character. We already see the power, installed for life, responsible to no authority (for impeachment is not even a scare- crow,) advancing with a noiseless and steady pace to the great ob- ject of consohdation. The foundations are already deeply laid by their decisions, for the annihilation of constitutional State rights, and the removal of every check, every counterpoise to the ingulphing power of which themselves are to make a sovereign part. If ever this vast country is brought under a single government, it will be one of the most extensive corruption, indift'erent and incapable of a / wholesome care over so wide a spread of surface. This will not be « borne, and you will have to choose between reformation and revolu- -, tion. If I know the spirit of this country, the one or the other is in- evitable. Before the canker is become inveterate, before its venom \ has reached so much of the body politic as to get beyond control, remedy should be apphed. Let the future appointments of judges be for four or six years, and renewable by the President and Sen- ate. This will bring their conduct, at regular periods, under revis- ion and probation, and may k^ep them in equipoise between the general and special governments. We have erred in this point, by copying England, where certainly it is a good thing to have the judges independent of the King. But we have omitted to copy their caution also, which makes a judge removable on the address OF THOMAS JEFFERSON. 46c5 of both legislative Houses. That there should be public functiona- ries independent of the nation, whatever may be their demerit, is a solecism in a republic, of the first order of. absurdity and inconsis- tency." At the Revolution in England it was considered a great point gained in favor of liberty, that the commissions of the Judges, which had hitherto been during the pleasure of the King, should thence- forth be given during good behavior ; and that the question of good behavior should be left to the vote of a simple majority in the two Houses of Parliament. A Judiciary, dependant on the will of the King, could never have been any other than a most oppressive in- strument of tyranny ; nothing, then, could be more salutary than a change to the tenure of good behavior, with the concomitant re- straint of impeachment by a simple majority. The founders of the American Republic were more cordial in their jealousies of the Ex- ecutive than either of the other branches ; so true was this of Mr. Jelferson in particular, that he at first thought the qualified negative given to that magistrate on all the laws, should have been much further restricted. They, therefore, very properly and consistently adopted the English reformation of making the Judges independ- ent, 'of tlie Executive. But in doing this, they as little suspected they had mad^ them independent of the nation, by requiring a vote of two thirds, in the Senatorial branch, to effect a removal. Expe- rience has proved such a majority impracticable, where any defence is made, in a body of the strong political partiahties and antipathies which ordinarily prevail. In the impeachment of Judge Pickering of New Hampshire, no defence was attempted, otherwise the party vote of more than one third of the Senate would have acquitted him. The Judiciary of the United States, then, is an irresponsible body; and history has established, if reason could not have foreseen, the ' slow and noiseless' despotism of its career, under the sanctuary of such a tenure. If the mischief is acknowledged, the only question should be, not when, but what should be the remedy ? "I would not, indeed," says Mr. Jeflferson, " make the Judges dependant on the Executive authority, as they formerly were in England ; but I deem it indispensable to the continuance of this government, that they should be submitted to some practical and impartial control ; and that this, to be impartial, must be compounded of a mixture of State and Federal authorities. It is not enough that honest men 464 LIFE, WRITINGS, AND OPINIONS are appointed Judges. All know the intluence of interest on the mind of man, and how vmconsciously his judgment is warped by that influence. To this bias add that of the esprit de corps, of their peculiar maxim and creed, that ' it is the office of a good Judge to enlarge his jurisdiction,' and the absence of responsibihty ; and how can we expect impartial decision between the General govern- ment, of which they are so eminent a part, and an individual State, from which they have nothing to hope or fear. We have seen too, that, contrary to all correct example, they are in the habit of going out of the question before them, to throw an anchor ahead, and grapple further hold for future advances of power. They are then, in fact, the corps of sappers and miners, steadily working to under- mine the independent rights of the States, and to consolidate all power in the hands of that government, in which they have so im- portant a freehold estate. But it is not by the consohdation or con- centration of powers, but by their distribution, that good govern- ment is eflfected." " I repeat," he adds, '' that I do not charge the Judges with willful and ill-intentioned error ; but honest error must be arrested, when its toleration leads to public ruin. As, for the safety of society, we commit honest maniacs to Bedlam, so Judges should be withdrawn from the bench, whose erroneous biases are leading us to dissolution. It may, indeed, injure them in fame or in fortune ; but it saves the Republic, which is the first and supreme law." The latter part of Mr. Jefferson's administration was afflicted by a crisis in our foreign relations, which demanded the exercise of all that fortitude and emulous self-denial, which particularly immortal- ized the introductory stages of the Revolution, and charged the entire responsibility of the war upon Great Britain. Unfortunately, the fierce political passions and animosities engendered by the ter- rible contests of opinion, which had distracted the nation, and the demorahzing mania of commercial cupidity and avarice engendered by a twenty-four year's interval of peace, greatly interrupted on the present occasion, that spirit of indissoluble cohesion between the States, which, and which alone, carried us triumphantly through the crisis of emancipation, and of revolution from monarchism to republicanism. The generous enthusiasm of the spirit of 76 had, in a considerable measure, evaporated. Every description of em- bargo, and every degree of commercial deprivation, which was then OF THOMAS JEFFERSON. 465 too little to satisfy the voluntary rivalry of self-immolation in the cause of country, was now too great to be endured, though clothed with the authority of law, and mercifully ordained for averting the otherwise inevitable and overwhelming calamities of a war, not with England alone, but Avith nearly the whole continent of Europe. The memorable embargo of Mr. Jefferson was one of (hose ex- traordinary measiu'es, which are occasionally indispensable to coun- teract extraordinary emergencies. There never was a situation of the world, which rendered the measure more imperative with Amer- ica, than on the present occasion ; nor is if probable there will ever exist a parallel situation. The causes which coml^ined to produce such a phenomenon in our foreign relations, are too substantially understood to require dilatation. From the renewal of hostilities between Great Britain and France, in 1803, down to the period at which the embargo was enacted, the commerce of the United States was subjected to a steady, deliberate and progressive accumulation of rival depredations by tiie belligerents, until it was effectually an- nihilated with nearly all the world. In the tremendous struais-le for ascendency, which animated these powerful competitors, and convulsed the European world to its centre, the laws of nature, and of nations, were utterly disregarded by both. The mar- itime interests of the United States constituted the desecra- ted medium through which the antagonists vied in the attempt to crush and overpower each other, — the injuries inflicted on our commerce by the one, being retaliated by the other, not on the ag- gressor, but en the innocent and peaceable victim to their united ferocity. Anterior to the above named epoch, however. Great Britain had commenced her system of desolating interpolations upon the estab- lished law of nations. She first forbade to neutrals all trade with her enemies in time of war, which they had not in time of peace. This deprived them of their trade from port to port of the same nation. Then she forbade them to trade from the port of one nation to that of any other at war with her, although a right fully exercised in time of peace. And these prohibitions she liad the audacity to as- sert, by declaring places blockaded, before which she had not a sin- gle vessel of war, contrary to all reason and the usages of civilized nations ; nay, she declared even places blockaded which her united forces would be incompetent to effect, such as entire coasts, and 40* 466 LIFE, WRITINGS, AND OPINIONS whole empires. Next, instead of taking vessels only entering a blockaded port, she took them over the whole ocean, if destined to that port, ulthoagh ignorant of the blockade, and with no intention to violate it. Then came the celebrated Berlin decree of the French Emperor, in November, 1806, which declared the British Islands in a \ slate of blockade, and consequently interdicted our navigation to j England and her dependencies. Then thundered forth the coun- ' tervailing orders in council, on the part of Great Britain, which de- clared all France and her allies in a state of blockade, and conse- quently interdicted our navigation to France and her dependencies, comprehending nearly the whole continent of Europe. And these decrees and orders were followed by the famous Milan lejoinder of Bonaparte, and tlie surrejoinders of England, too numerous to men- tion, and more and more aggressive on the rights of unoffending, neutral America. Under the joint operation of these antagonist edicts and procla- mations, there was not a single port in Europe, or her dependencies, to which American vessels could navigate, without being exposed to capture and condemnation. In this situation what were the United States to do ? To have made reprisals on both the belliger- ents, though rigorously and impartially just, would have been to commit us in a war with both and their respective allies, which would have been certain destruction. To have made reprisals on one and not on the other, under the existing circumstances, would have been a departure from just and impartial neutrality, and involved us, as a party, in the European conflagration. But to submit to the fero- cious and unrestrained spoliations of the belligerents, without resis- tance and reprisal, was impossible ; it would have amounted to a surrender, at once, of our independence as a nation, besides soon \ annihilating ovn- property on the ocean. More than nine hundred '^^ American vessels were captured by the British, under their orders in council, at a time of profound peace between the two nations. American property, to the amount of thirty millions of dollars, was placed at the discretion of the Admiralty courts of Great Britain ; and a still greater amount was submitted to the French council of prizes or council of State. In such a state of things, the only alter- natives v/ere : 1st, "War with all Europe. 2d, Submission to univer .sal and unrestrained piracy, 3d, Embargo, as a powerfully coercive peace measure, and a preparation for war. The President wisely OF THOMAS JEFFERSON. * 467 preferred the last, as the least of the three evils ; and in pursuance of his recommendation, the measure was adopted by Congress, on the 22d day of December, 1807, by overwhelming majorities in both Houses. In addition to the joint aggressions on our neutral rights, under the sweeping paper blockades of both belligerents, Great Britain was in the distinct habit of daily violations of our sovereignty, in the form of impressments. The injuries perpetually rising from this source alone, constituted an abundant cause of war, and con- sequently of embargo, as to that nation. At no period since the commencement of the French revolution, had there been the want of a sufficient cause of war with Great Britain, in her vexations and lawless asportations of our seamen ; which ought to have si- lenced forever the ungenerous imputation that the present measure was the dictate of a fraudulent neutrality, favorable to Bonaparte. Denying the right of expatriation, the British ministry authorized the seizure of naturalized Americans wherever they could be found, under color of their having been born within the British do- minions. From the abuses of this practice, sufficiently enormous in its rightful exercise, thousands of Araeiican citizens, native horn. as well as naturalized, were subjected to the petty despotism of naval officers, acting as judges, juries, and executioners, and doom- ed by them to slavery, and death, or to become the instruments of destruction to thek own countrymen. Minor provocations and injuries were, in June 1807, absorbed in the audacity of an aggression, which is without a parallel in the history of independent nations at peace. By order of the British Admiral, Berkley, the ship Leopard of fifty guns, ffied on the Uni- ted States frigate Chesapeake, of thirty-six guns, within the waters of the United States, in order to compel the delivery of part of her crew, claimed as British subjects. After several broadsides from the Leopard, and four men killed on board the Chesapeake, the latter struck ; was boarded by the British ; and had four men taken from her, three of them native American citizens, one of whom was hang- ed as a British deserter. Never since the battle of Lexington had there existed such a state of universal exasperation in the public mind, as was produced by this enormity. Popular assemblies w^ere convened in every considerable place, at which resolutions were passed, expressive of unqualified indignation at the outrage, and A68 LIFE, WRITINGS, AND OPINIONS pledging the lives, fortunes, and sacred honors of the people, to procure ' indemnity for the past, security for tlie future.' Now was the time, above all others, when, if Mr. Jefferson was really actuated by undue partiality to France and hostility to Eng- land, as was always alleged against him, he might have effectually gratified his political passions, and have been justified by the whole nation. But, instead of convening Congress instantly upon the oc- currence, when war would have been declared against England al- ihost unanimously, he prudently deferred that measure until the extraordinary ebullition of the public mind had sirbsided. Main- taining a v»^ise and discriminating moderation, however, as far re- moved from pusillanimity as rashness, he forthwitii issued an ener- getic proclamation, interdicting British armed vessels from enteriiig the waters of the United States, and commanding all those therein immediately to depart. In this manner, peace was judiciously pro- longed, without any compromise of the national honor, and saving the right to declare v.- ar, imder better auspices, on failure of an ami- cable reparation of the injury. By the time Congress assembled, the affair of the Chesapeake was hopefully committed to negotia- tion, with the additional constraint which it imposed on the British government to settle the whole subject of impressments. And the depredations on our r.eutral rights by the rival belligerents, under their orders in council and imperial decrees, were put together _^on an equal footing, and made the occasion of an embargo operating equally and impartially against both. This was the only act of Mr. Jefferson's administration, which received the avowed approbation of the federahsts as a party ; and the second one in his whole political life which attained to that rare distinction — his correspondence with Genet being the first. • It is obvious that they were actuated by the same principle, on both oc- casions, in bestowing their commendations — viz. that of subservi- ence to England and inveterate enmity to France, the reverse of which they had always so copiously charged upon the President. Alluding to the transaction some years after, Mr. Jefferson wrote to a friend : " Had I been personally hostile to England, and biased in favor of either the character or views of her great antagonist, the affair of the Chesapeake put war into my hand. I had only to open it, and let havoc loose. But if ever I was gratified with the posses- sion of power, and of the confidence of those who had entrusted me OF THOMAS JEFFRSON. 409 with it, it was on tliat occasion, when I was enabled to use both for the prevention of war, towards which the torrent of passion was di- rected almost irresistibly, and when not another person in the Uni- ted States, less supported by authority and favor, could have resisted it." Again, in writing to Elbridge Gerry, in 1812, he says: " The vote of your opponents is the most honorable mark by which the soundness of your conduct coald be stamped. I claim the same honorable testimonial. There was but a single act of my whole administration of which that party approved. That was the proc- lamation on the attack of the Chesapeake. And when I found they approved of it, I confess I began strongly to apprehend I had done wrong, and to exclauu with the Psalmist, ' Lord, what have I done that the wicked should praise me !' " No measure adopted by the government of the United States, un- der every variety of difficulty through which it has struggled, has encountered so great a measure of odium, and of treasonable resist- ance, as the embargo of Mr. Jefferson. It was during its continu- ance, to wit, in the beginning of the 5'ear 1809, that the Essex de- nomination of federalists, availing themselves of the feverish discon- tents in the Eastern States to foiuent insurrection and rebellion, en- gaged in the diabolical conspiracy of John Henry, secret agent of the British Goverrniient, to accomplish the ancient purpose of a dis- solution of the Union, by a detachment of the disafiected section, and its organization into a political connection with Great Britain. This was the last convulsive effort of the hydra of monarchy, An- glomany, hieocracy, &.c. (fee, prolonged indeed and pertinaciously sustained, until the victory of New Orleans, fortified by the restora- tion of peace, smothered it in the death-bed dehberations of its party at Hartford. '' I doubt," says Mr. Jefferson in 182.5, '• whether a single fact, known to the world, will carry as clear conviction to it, of the correctness of our knowledge cf the treasonable views of the federal party of that day, as that disclosed by this, the most nefari- ous and daring attempt to dissever the Union, of which the Hait- ford Convention was a subsequent chapter." The knowledge of this detestable and extensive conspiracy, revolted from the federal party, one* of its most magnanimous leaders, whose prompt and pa- triotic disclosure of it to the President, identified him in principle with * J. Q. Adams. 470 LIFE, WRITINGS, AND OPINIONS the republican l)ody of his fellow-citizens, and occasioned the imme- diate substitution of non-intercourse with France and England, in place of the general embargo. The substance of th» disclosures of tliis gentleman, confirmed by the subsequent divulgation of Henry himself, with its important influence on the revolution of measures adopted by tlic administration, is contained in the following extract of a letter to William B. Giles, written by Mr. Jefferson in 1825. " That interview I reraeml)er well ; not indeed in the very words which passed between us, but in their substance, which was of a character too awful, too deeply engraved in my mind, and influenc- ing too materially the course I had to pursue, ever to be forgotten. Mr. Adams called on me pending the eml^argo, and while endeav- ors were making to obtain its repeal. He made some apologies for the call, on the ground of our not being then in the habit of confi- dential communications, but that that which he had then to make, involved too seriously the interest of our country not to overrule all other considerations with him, and make it his duty to reveal it to mvself particidarly. I assured him there was no occasion for any apology for his visit ; that, on the contrary, his communications would be thankfully received, and would add a confirmation the more to my entire confidence in the rectitude and patriotism of his conduct and principles. He spoke then of the dissatisfaction of the eastern portion of oui- confederacy with tlie restraints of the embargo then existing, and their restlessness under it. That there was nothing which might not be attempted, to rid themselves of it. That he had information of the most unquestionable certainty, that certcyn citizens of the Eastern States (I think he named Massachu- setts particularly) were in negotiation with agents of the British gov- ernment, the object of which wfts an agreement that the New England $tates should take no further part in the war then going on"""; that, without formally declaring their separation from the Un- ion of the States, they should withdraw from all aid and obedience to them ; that their navigation and commerce should be free from restraint and interruption by the British ; that they should be con- sidered and treated by them as neutrals, and as such might conduct themselves towards both parties ; and, at the close of the war, be at liberty to rejoin the confederacy. He assured me that there was im- * The apparent anaclironism of this expression has since been expLained by Mr. T. J. Randolph, grand-son of Mi. Jefferson, who says, that in frequent con- versations with his grand-father on the subject, the words " war then going on," v/ere used figuratively and familiarly by him, to denote the ' war of commercial restrictions,' or the war waged by the belligerents on our commerce ; and that they should be so understood in the letter. The subsequent phrase, " close of the war," was meant to apply to the war then apprehended by him, and by oth- ers, as imminent and unavoidable. OF THOMAS JEFFERSON. 471 miiient danger that the convention would take place ; that the temptations were such as might debauch many from their fidehty to the Union ; and that, to enable its friends to make head against it, the repeal of the embargo was absolutely necessary. I expressed a just sense of the merit of tliis information, and of the importance of the disclosure to the safety and even the salvation of our country : and however reluctant I was to abandon the measure (a measure which persevered in a little longer, we had subsequent and satisfac- tory assurance would have elfectcd its object completely,) from that moment, and influenced by that information, I saw the necessity of abandoning it, and instead of effecting our purpose by this peaceful weapon, we must fight it out, or break the Union. I then recom- mefided to my friends to yield to the necessity of a repeal of the em- bargo, and to endeavor to supply its place by the best substitute, in which they could procure a general concurrence." A further attention to history renders it still more problematical, whether the paramount objection to the embargo originated in an ap- prehension of its effects upon this country, or upon Great'Britain — whether it was the dictate of genuine patriotism, or of sj^stematic op- position to republican men and measures. The indentical descrip- tion of characters who reprobated the course of administration on the present occasion, advocated and applauded a similar course, un- der both the antecedent Presidents. When the advocates of com- mercial discrimination, in the Congress of '94, exasperated to a bolder tone by a fresh infliction of maritime atrocities, were upon the point of passing a non- importation law against Great Britain, and a law for the sequestration of British debts, the federalists, in- order to avert so heavy a calamity from their patron nation, became the zealous supporters of embargo, as a powerful incentive to nego- tiation, and a preventative of war. The embargo was carried by the federal vote ; and Mr, Jay was armed with it as a weapon for procuring a peaceable accommodation of difficulties at the Court of St. James. In February, 1800, an embargo was laid, under the auspices of Mr. Adams, prohibiting all intercourse between the Uni- ted States, and France and her dependencies. This act was also passed by a federal Congress ; and not a murmur of discontent was heard among the merchants or politicians. On both these occasions France was injured, and England benefitted by the measure ! nor should it be forgotten that the very individuals, who were loudest in denouncing the embargo of Mr. Jefferson, and most clamorous for war, were the first to engage in turbulent and treasonable opposi- 472 LIFE, AVRITINGS, AND OPINIONS tion to the war subsequently brought on us by accumulated aggres- sions from the same quarter. The mind can scarcely conceive a grosser series of pohtical inconsistencies. The present crisis was in- finitely more imperious for a general embargo, than either of the two former for a special one ; and the measure itself, though at- tended with much individual distress, was a blessing to those very individuals, on whom it pressed the heaviest. It only required them to do with their property what every prudent man would have done, of his own free will. As a substitute of war, it was the choice of a less evil for a greater, and at the same time annoyed the belligerent Powers more than could have been done by the most direct and open warfare. England felt it in her manufactures, by privations of the raw material, in her maritime interests, by the loss of her na- val stores, and above all in the discontinuance of supplies essential to her colonies. France felt it in the deprivation of all those luxu- ries which she had been accustomed to receive through our neutral commerce, and in the still more distressing deprivation of necessa- ries for her colonies. Our commerce was the second in the world, our carrying trade the very first, and had the restraint upon them been sacredly observed, it could not have failed to have coerced the European nations into justice. But the resistance was so great, so determined, and so darmg, that it was found impracticable to enforce obedience, without provoking violence and insurrection. The con- sequence was, that the practical efhcacy of the embargo, as an en- gine of coercion, proved greatly disproportioned to the reasonable ex- pectations of its friends. But on whom shoidd this imputation bear ? on the pacific author of the measure ? on its innate inaptitude and inefficiency ? or on those rather who were engaged in a regular course of thwarting its execution, by covert evasion under every ex- tent and variety of smuggling, by open resistance, to the awful ex- tremity of setting up the constituted authorities of the individual States in nullification of the powers of the General government, by exaggerated misrepresentations to England of its ruinous and disor- ganizing effects upon this country, and by treasonable correspond- ence and combination with the emissaries of Britain, for making it the instrument of breaking up the foundations of the republic. But as a preparation for war, the utility of the embargo was con- fessedly inestimable. It gained a most desirable interval for our merchants to call home their property ; for our seamen to retire with- OF THOMAS JEFFERSON. 473 in the limits of secuiity ; and for the government to place the na- tion in a firm attitude of offence as well as defence. From the moment of the attack on the Chesapeake, and especially after the passage of the embargo, every faculty was exerted by the President to be prepared for the last resort ; for he believed that the time would come, when war would be preferable to a continuance of the embar- go, and that the latter should never be abandoned except for the for- mer, so long as the British orders in council continued unrepealed. Nothing was omitted in the way of providing arms and military stores, detaching the militia, raising regiments, enlarging and ecjuip- ping the navy, and placing the country completely hors (Tinsulte from any maritime force. During the whole time, also, negotiation was plyed unremittingly, and with all the potency, which the coer- cive tendency of its measures threw into the scale of our govern- ment. In order to single out an enemy, since to make war on both belligerents would have be'en ridiculous, instructions were given to our Minister at London, exphcitly to declare, that in case Great Brit- ain would rescind her hostile decrees in relation to us, our trade should be opened with her and remain shut to her enemy, in case he should refuse to rescind his decrees also. Authority was given to our Minister at Paris to make the same overture to France, ex- cept that, instead of giving a direct pledge, it was left to that govern- ment to "presume a sufficient inducement with ours, on the revoca- tion of their decrees, to repeal the embargo as to them, and continue it against England. France accepted the offer, and revoked her de- crees against the United States ; though it was not until the embar- go had been removed, except as to her and Great Britain, and Mr. Jefferson had retired from the government. England not only re- jected the proposal, but declared by a solemn proclamation of her Prince Regent, that she would not rescind her orders even as to us, until those of France should be annulled as to the lohole world. The United States thereupon declared war, adding the old account of impressments to the new account of commercial despotisms, and the avowed determination to pursue them. In this war, it was the glory of the United States to consummate the work of independence, by achieving the emancipation of the ocean, bearing off the palm of the contest with the overshadowing eclat of the battle of Orleans. Among the distinguishing ornaments of the administrative policy of Mr. Jefferson, none was more conspicuous, none more congenial 41 474 LIFE, WRITINGS, AND OPINIONS to the distinctive nature of republicanism, than his scrupulous ad- hesion to the constitutional in\dolability of the freedom of speech, freedom of the press, and freedom of religion. The various, bold, and arbitrary entrenchments upon these sacred rights, under the previous dynasties, in silencing by intimidation every expression of disapprobation a,t the government authorities ; in characterizing with the legal appellation of seditious, incurring the penalties of a high misdemeanor, every printed exposition of their ruinous princi- ples and practices ; and in artfully confounding republicanism with Anti-Christ, to arouse, and sharpen, and concentrate upon the two- fold victim, the tremendous visitations of the priesthood ; these despotic weapons, with other expedients and artifices, constituted a material part of the machinery employed by the terrorists of that day, for beating down the votaries of the real principles of the consti- tution, — the firm preservers of the 1 iberties of the revolution . A gener- al disband ment from the government, of these artifixial supports, suc- ceeded the elevation of Mr. Jefferson ; and a system of rule entirely the reverse in all points, was rigorously substituted. Public opinion constituted its sole foundation, and private morality its invariable guide. The utmost latitude of discussion was not only tolerated, but invited and protected, as a fundamental ingredient in the com- position of republican government, indispensable to preserve it from deterioration. The celebrated traveller. Baron Humboldt, calhng on the President one day, was received into his cabinet. On tak- ing up one of the public journals which lay upon the table, he was shocked to ' find its columns teeming with the most wanton abuse and licentious calumnies of the President. He threw it down with indignation, exclaiming, " Why do you not have the fellow hung who dares to write these abominable lies ?" The President smiled at the warmth of the Baron, and replied — " What ! hang the guar- dians of the public morals ? No sir, — rather would I protect the spirit of freedom which dictates even that degree of abuse. Put that paper into your pocket, my good friend, carry it with you to Europe, and when you hear any one doubt the reaUty of American freedom^ show them that paper, and tell them where you found it." " Butis it not shocking that virtuous characters should be defamed ?" replied the Baron. " Let their actions refute such hbels. Believe mc," continued the President, " virtue is not long darkened by the clouds of calumny ; and the temporary pain which it causes is in- OF THOMAS JEFFERSON. " 475 finite! 3' ovevweighed by the safety it iasuves against- degeneracy in the principles and conduct of pubUc functionaries. When a man assumes a public trust, he should consider himself as public prop- erty."* In pursuance of this principle, he discharged, immediately on coming into office, all those who were suffering persecution for opinion's sake under the operation of the Sedition Law. He inter- posed the executive prerogative in every instance, by ordering the prosecutions to be arrested at the threshold ; or, if judgment and ex- ecution had passed, by remitting the fines of the sufferers, and re- leasing them from imprisonment. The grounds on which he rest- ed his right to act in these cases, are forcibly stated in answer to a correspondent m Massachusetts, who questioned the constitutionali- ty of his interference. "But another fact is, that I 'liberated a wretch who was sufier- ing for a libel against Mr. Adams.' I do not know who was the particular wretch alluded to ; but I discharged every person under punishment or prosecution under the sedition law, because I consid- ered, and now consider, that law to be a nullity, as absolute and as palpable as if Congress had ordered us to fall down and worship a golden image ; and that it was as much my duty to arrest its ex- ecution in every stage, as it would have been to have rescued from the fiery furnace those who should have been cast into it for refus- ing to worship the image. It was accordingly done in every in- stance, without asking what the oflenders had done, or against whom they had offended, but whether the pains they were suffer- ing were inflicted under the pretended sedition law. It was certain- ly possible that my motives for contributing to the rehef of Callen- dar, and liberating sufferers under the sedition law, might have been to protect, encourage, and reward slander ; but they may also have been those which inspire ordinary charities to objects of dis- tress, meritorious or not, or the obligation of an oath to protect the constitution, violated by an unauthorized act of Congress. Which of these were my motives, must be decided by a regard to the gen- eral tenor of my hfe. On this I am not afraid to appeal to" the na- tion at large, to posterity, and still less to that Being who sees him- self our motives, who will judge us from his own knowledge of them, and not on the testimony of Porcupine or Fenno." The President not only liberated all those under persecution by his enemies, but refused to permit a single prosecution in retahation, even in the State courts, where they might have been rightfully * Winter in Washington. ■l/e LIFE, WRITINGS, AND OPINIONS sustained on common law principles. This was at a time, too, when all the mounds of truth, reason and decency, were prostrated before the torrents of private and public vituperation, — when, during nearly the whole administration, the treasonable doctrine of a dis- solution of the Union was openly advocated in the gazettes, and preached from the pulpit, with such incendiary vehemence and per- tinacity, as imperiously demanded, in the opinion of many republi- cans even, a re-enactment and rigorous execution of the Sedition Law, to save the republic. Availing themselves of this state of things, the federal Judges in Connecticut made an attempt to se- duce the administration into an acknowledgement of a common law jurisdiction in the federal court over libels. They instigated prosecutions in a multitude of instances, and in one particularly, went so far as actually to institute proceedings against a clergyman, for calunmies uttered against the Chief Magistrate from the pulpit. On the first intelligence of the prosecution, the President wrote to Mr. Granger, then in Connecticut, stating ' that he had laid it down as a law to himself, to take no notice of the thousand calumnies issued against him, but to trust his character to his own conduct, and the good sense and candor of his fellow citizens ; that he had found no reason to be dissatisfied with that course, and was unwilling it should be violated by others as to any matter concerning himself;' and therefore requested him to desire the district attorney to dismiss the prosecution. Some time after, hearing of subpoenas being served on several gentlemen, as witnesses to attend the trial, he again wrote to require an immediate dismission of the prosecution. The answer of Mr. Huntington, the district attorney, was, that the pro- ceeding had been instituted, and the subpoenas issued by the de- fendant, without his knowledge ; that it had been his intention, be- fore receiving the President's directions, to dismiss all the prosecu- tions at the first opening of the court, and to accompany it with an avowal of his opinion that they could not be maintained, because the federal court possessed no jurisdiction over libels. This was accord- ingly done ; and the clergyman expressed his gratification at the discontinuance of the prosecution, accompanied by a disavowal of the alleged libel. The attorney acted on the same ground on which the President had, in the cases instituted under the preceding ad- ministration ; to wit, ' that the Sedition Law, being in the face of the constitution, was an absolute nuUity, and that his obligation to OF THOMAS JEFFERSON. 477 execute what was law, involved that of not suffering rights secured by valid laws, to be prostrated by what was no law.' On the subject of religion, it was the unalterable policy of the President to maintain the freedom of thought and speech in all the latitude of which the human mind is susceptible, and as justly cir- cumscribable by no human authority ; to recognize, in his official capacity, no preference for the opinion of one man over that of an- other, whether he believed iii one God, or twenty, or none at all ; and to discountenance, by all the means in his power, every tendeii cy to predominance and persecution in any sect, by proscription of the least degree, even in public opinion. The dogmas of a partic- ular faith were no longer made a stalking-horse of political ambi- don, or a buttress of support to the authorities in power. Equal and universal toleration was the golden motto of the new order of things. The prospect of introducing a hierarchy in the United States, which had been a favorite idea with the royalists and reli- gionists, from the establishment of the government, may be said to have received its annihilation, on the republican restoration in 1 800. Rapid approaches to such an establishment had evidently been made, before that epoch, and indirectly, perhaps ignorantly, coun- tenanced by the administration, in the general tendency of meas- ures pursued by the supreme functionaries. The constant intro- duction of politics into the pulpits of the dominant order, in exag- gerated commendation of the existing dynasty, and in equal defam- ation of the characters and principles of the opposition ; the open avowal of the doctrine in the federal gazettes, that it was the ' sa- cred duty of clergymen to intermeddle in the concerns of the tem- poral power ;' and the assumption of authority by the General gov- ernment to prescribe religious exercises for the nation, were not among the least of the advances to a meretricious union of Church and State. Among the last struggles of the exploded oligarchy, was the appointment by the President of a grand National Fast, to be observed by all the States, and by all the people in each State. This was undoubtedly the darkest day for Christianity that the United States ever saw. The sacerdotal character was completely merged in that of the political zealot. The pulpit resounded with inflammatory denunciations of infidel democracy, French illumin- ism, &c. &c., and with overstrained eulogiums of the legitimacy and strait-laced sanctity of the ascendant party. Many now living may 41* 478 LIFE, WRITINGS, AND OPINIONS recollect the degree of proscription, even to the deprivation of pubUc office, which was visited on some of those who refused to observe the unconstitutional fast of the President. It will ever be accounted one of the chief glories of Mr. Jefferson's succession, that he arrested the destructive career of these heresies ; and hnpressed upon the General government the same broad stamp of religious freedom and liberality, which he had formerly done on the special governments, first of Virginia, and thence by example, of the other States of the Union, in beautiful rotation. In doing this, he had to encounter all those fierce and intractable prejudices, which drew upon his dissolution of Church and State in Virginia, the ter- lible and lasting resentments of the privileged order. Such eviden- ces are indeed rare, of the superiority of principle to the allurements of power and popularity. He not only discarded the aid of the Church, by disclaiming all right of interference in spiritual concerns, but dared to array the Church against him, by denying all right in the clergy to participate in temporal concerns. In truth, the hfe of Mr. Jeflerson is a continued history of unremitting labors in the glo- rious -work of achieving the emancipation of the conscience ; in con signing the bigotry of Protestantism to the tomb of the inquisition of Romanism, and the Juggernauts of Paganism ; in liberahzing the sentiments of opposing sectaries, and protecting the rights of the weaker against the persecutions of the stronger ; in liberating from the fetters of priestcraft, from the gloomy and ferocious mysteries of fanaticism, and the phantasies of superstition, " the most sublime, the most benevolent, yet most perverted system that ever shone on man ;" in advancing progressively, with the progress of light and liberty in the secular, the reformation of speculative opinions in the religious world, and in drawing an impassable line of separation between the two ; in inculcating a " firm adherence to justice, moderation, temperance, christian forbearance, brotherly love and charity." It is chiefly by his labors that the United States are pla- ced centuries in advance of every other nation on the globe, in the possession of the rights of conscience ; and to him, more than to any other individual, is the world at large indebted for the amount of religious liberty which it enjoys. In reply to the solicitation of a very respectable clergyman, for the appointment of a National Fast, in conformity to the practice of his OF THOMAS JEFFERSON. i79 predecessors, he assigns the reasons of his departure from their ex- ample, in measured terms. " I consider the government of the United States as interdicted by the constitution from intermeddUng with rehgious institutions, their doctrines, disciphne, or exercises. This results not only from the provision that no law shall be made respecting the estabhsh- ment or free exercise of religion, but from that also which reserves to the States the powers not delegated to the United States. Cer- tainly, no power to prescribe any religious exercise, or to assume au- thority in religious discipline, has been delegated to the General government. It must then rest with the States, as far as it can be in any human authority. But it is only proposed that I should re- co7?wiend, not prescribe, a day of fasting and prayer. That is, that I should indirectly assume to the United States an authority over religious exercises, which the constitution has directly precluded them from. It must be meant, too, that this reconmiendation is to carry some authority, and to be sanctioned by some penalty on those w^ho disregard it ; not indeed of fine and imprisonment, but of some degree of proscription, perhaps in public opinion. And does the change in the nature of the penalty make the recommendation less a laiv of conduct for those to whom it is directed? I do not believe it is for the interest of religion to invite the civil magistrate to direct its exercises, its discipline, or its doctrines ; nor of the religious soci- eties, that the General government should be invested with the pow- er of effecting any uniformity of time or matter among them. Fast- ing and prayer are religious exercises; the enjoining them an act of discipline. Every religious society has a right to determine for it- self the times for these exercises, and the objects proper for them, according to their own particular tenets ; and this right can never be safer tlian in theii- own hands, where the constitution has depos- ited it. " I am aware that the practice of my predecessors may be quoted. But I have ever believed, that the example of State executives led to the assumption of that authority by the General government, without due examination, which would have discovered that what might be a right in a State government, was a violation of that right when assumed by another. Be this as it may, every one must act according to the dictates of his own reason, and mine tells me that civil powers alone have been given to the President of the United States, and no authority to direct the religious exercises of his constituents." Many credulous persons were overwhelmed with feverish appre- hensions of the doleful consequences to rehgion, which would result from the elevation of Mr. Jefferson to power. They really believ- ed in the gossipping forebodings of the politico-rehgious mounte- 480 LtFE, WRITINGS, AND OPINIONS banks of the day, that he would introduce a wild system of govern- ment, which sliould overthrow all the temples of devotion, burn all the Bibles in the land, abolish the institution of the Sabbath, and bring all the clergy to the guillotine. Humorous legends enliv- en the traditionary annals of many a country village in New Eng- land, of sundry old women being so haunted and tormented with these spectres, as to have hid their bibles and prayer-books, with most scrupulous and reverential precaution against the awful con- flaoration in expectancy. Such ideas were in reality quite preva- lent at that period, and were so artfully impressed on the multitude by ' those who had mounted themselves on their fears,' as to influ- ence a respectable portion of the elective population, in the less free- minded and enlightened districts of the Union. How this seven-fold refinement of Gothic delusion was dissipated by the event, it is al- most needless to narrate. None of the sinister dreams and vaga- ries of the political soothsayers, were realized. Under the mild and pacific sway of Jefferson, religion flourished infinitely ; not indeed, wrapped in the armour of spurious and artificial terrors, but in all the cogency of its native loveliness, embracing under its benignant and comprehensive mantle, all sects and denominations without partiality. It is an historical fact, that religion prevailed more ex- tensively, and with a greater degree of purity, because more free from extraneous constraints and adulterations, than during any former period of the government. The clergy were respected ; but in proportion only as they respected the sacred character of their office, and became sensible of their dependance for reputation and influence, upon the rectitude of their conduct — not upon the pomp, power, and patronage of the government. The institution of the Sabbath was mercifully permitted to continue as before ; and if the Bibles did not remain as securely on their shelves, and the Meeting- houses on their foundations, it was because the former were in greater requisition for devotional exercises, and the latter were com- pelled to give place to more extensive and magnificent edifices, to accommodate the increasing throngs of a tax-relieved, prosperous, grateful and rejoicing people. With regard to the personal piety of the President, if external observances are of any account, it is well known that he was a constant and exemplary attendant upon public worship ; hberal in contributions to the support of the simple, un- dogmatized religion of Jesus ; but frowning and inflexible on all secta- OF THOMAS? JEFFERSON. 481 rian, aggrandizing, or visionary projects It is stated with much- con- fidence by a living^chronicle* of those times, whose personal intima- cy with the President enabled him to speak with authority on the subject, that ' he contributed to found more temples for religion and education than any other man of that age.' The minor traits of Mr. Jefferson's administration open a range of topics, on which the historian might dwell and expatiate with ever- renewing delight His simplicity was only equalled by his econo- my, of which he presented an example, in the extinguishment of more than thirty-three millions of the public debt, which is unparal- leled in any previous history of the world. The diplomatic agents of foreign governments, on their introduction to him, were often embarrassed, and sometimes mortified, at the entire absence of eti quette with which they were received ; but the awkwardness of the moment was soon lost in admiration of a character, and a scene, so congenial to the spirit of republican government. His arrivals at the Seat of Government, and departures therefrom, were so studious- ly timed and conducted, as to be unobserved and unattended. His inflexibility upon this point, so variant from the practice of his pred- ecessors, could never be overcome ; and he was finally permitted to pursue his own course, undisturbed by any manifestations of popu- lar feeling. His uniform mode of riding was on horseback, which was daily, and always unattended. In one of these solitary excur- sions, while passing a stream of water, he was accosted by a feeble l^eggar, who implored his assistance to transport him and his bag- gage. He immediately mounted the beggar behind him, and car- ried him over ; on perceiving he had neglected his wallet, he as good humoredly recrossed the stream and brought it over to him. Although repeatedly and warmly solicited by liis friends to make a tour to the North, he never could reconcile it to his obhgations of propriety as a Chief Magistrate. In a private answer to Governor Sullivan of Massachusetts, on the subject, he wrote : '• The course of hfe which General Washington had run, civil and mihtary, the services he had rendered, and the space he therefore occupied in the affections of his fellow citizens, tgike from his examples the weiglit of precedents for others, because no others can arrogate to themselves tlie claims which he had on the public homage. To myself, therc- ■^■S.H. Smith. 482 LIFE, WRITINGS, AND OPINIONS fore, it comes as a new question, to be viewed under all the phase? it may present. I confess, that I am not reconciled to the idea of a Chief Magistrate parading himself through the several States as an object of public gaze, and in quest of an applause, which, to be val- uable, should be purely voluntary. I had rather acquire silent good will by a faithful discharge of my duties, than owe expressions of it to ray putting myself in the way of receiving them." He cari'ied his ideas of simplicity to such an extent as to deprecate the size of the house allotted to the Chief Magistrate. He thought it should have been turned into a Universit)^ Nor was it from any sordidness of disposition, any constitutional insensibihty to the charms of elegance, that his extraordinary frugality, simplicity, and plainness proceeded ; l)ut purely from an exquisite sense of his ob- ligations as a public man, and a determination to leave an exam- ple which should long counteract the natural tendency of nations to luxury, dissipation and extravagance. Had it been otherwise, he might with less contestable propriety, have deprecated the size and magnificence of his own Monticello, which, in the various buildings and rebuildings it underwent at his hands, to suit the progress of his taste in the arts, is believed to have cost more than the mansion of the Chief Magistrate. In his j^rivate expenditures, he was indeed liberal, to a fault. Humane and compassionate to- wards his fellow man, on a scale of benevolence which comprehend- ed every distinction of color and condition, no feasible object of phi- lanthropy was probably ever presented to him, which he did not en- courage b}' the most generous assistance. But in the immediate circle of his friends, to whom, from the warmth of his feelings, he was ever devoted, his liberality appeared to know no limits. In the profusion of expensive presents which he lavished upon them, in the extensive accommodations of money with which he succored them under embarrassment, in the exuberant hospitality with which he entertained strangers and visitors from every country, and in his ordinary habits of living, which embraced all the enjoy- ments of a refined taste, such evidences of a private munificence appeared, as contrasted wonderfully with his frugality and simplici- ty as a public man. One other trait of Mr. Jefferson, in the discharge of his official du- ties, deserves a conspicuous mention,— to wit, his disinterestedness. The distinguishable eminence of this quality is evidenced by the OF THOMAS JEFFERSON. 483 fact that in all the splendid stations which he occupied, he accumu- lated nothing ; but retired from each of them much poorer than he entered, and from the last and greatest station, " with hands," to use his own expression, " as clean as they were empty," — indeed, on the very verge of bankruptcy. While, in the short interval of eight years, he had saved to his country millions 'and millions of dollars, enough to make her rich and free, who was before poor and op- pressed with taxation ; he, of the immense fortune with which he set out in life, had added nothing, and lost almost every thing. If any further testimony were wanting on this brilliant theme, it might be drawn from the fact of his having refrained from appointing a sin- gle relation to office. This was not only true of him, while Presi- dent, but in every pubhc station which he j&Ued. Writing to a friend in 1824, he says: "In the course of the trusts I have exercised through hfe with powers of appointment, I can say with truth, and with unspeakable comfort, that I never did appoint a relation to of- fice, and that merely because I never saw the case in which some one did not offer, or occur, better qualified." Nor, in the multiplied removals and replacements which he was compelled to make, did he eject a jiersonal eneviy, ov appoint vl jtersonal friend. He felt it his duty to observe these rules, for reasons expressed in answer to an application for office by a relative : "That my constituents may be satisfied, that, in selecting persons for the management of their af- fairs, I am influenced by neither personal nor family interests, and especially, that the field of public office will not be perverted by me into a family property. On this subject, I had the benefit of use- ful lessons from my predecessors, had I needed them, marking what was to be imitated and what avoided. But, in truth, the nature of our government is lesson enough. Its energy depending mainly on the confidence of the people in their Chief Magistrate, makes it his duty to spare nothing which can strengthen him with that confi- dence." In the crowd of official (Occupations which devolve on the Exec- utive Magistrate, Mr. Jefferson found time to accomplish a succes- sion of private labors and enterprises, which would have been enough of themselves, to have exhausted the ordinary measure of application and talent. A simple enumeration of the topics on which his leisure moments were employed, will suffice to exhibit the extent of his voluntary efforts for the improvement and happi- 484 LIFE, WRITINGS, AND OPINIONS ness of the nation. Regular Essays abound in his conespondence during this period, on Physics, Law, and Medicine ; on Natural His- tory, particularly as connected Avith the aborigines of America ; on maxims for ihe regulation and improvement of our Moral Conduct, addressed to young men ; on Agriculture, Navigation, and Manu- factures ; on Politics and Political Parties, Science, History and Re- ligion. In some of those intervals when he could justifiably ab- stract himself from the public affairs, his meditations turned upon the subject of Christianity. He had some years before promised his views of the Christian religion to Dr. Rush, with whom, and with Dr. Priestly, he was in habits of harmonious and delightful in- tercommunication on the subject. The more he reflected upon it, the more, he confessed, ' it expanded beyond the measure of either his time or information.' But he availed himself of a day or two, while on the road to Monticello, in 1803, to digest in his mind a re- markably comprehensive outline, entitled "A Syllabus of an estimate of the Merit of the Doctrines of Jesus, compared with those of others." This he afterwards wrote out and forwarded to Dr. Rush, in dis- charge of his promise, but under a strict injunction of secrecy, to avoid the torture of seeing it " disembowelled by the Aruspices of Modern Paganism." It embraced a comparative view of the Eth- ics of Christianity with those of Judaism, and of ancient Philosophy under its most esteemed authors ; particularly Pythagoras, Socrates, Epicurus, Cicero, Epictetus, Seneca, Antoninus. The result was, such a development of the immeasurable superiority of the doc- trines of Christianity, that he declared ' its Author had presented to the world a system of morals, which, if filled up in the style and spirit of the rich fragments he has left us, would be the most perfect and sublime that has ever been taught by man.' Space can only be spared for the conclusions he arrived at, which were all on the side of Christianity. " They are the result," says he, " of a life of inquiry and reflection, and very different frona that anti-Christian system imputed to me by those who know nothing of my opinions." The question of the Divinity, or Inspiration of Christ, being foreign to his purpose, did not enter into the estimate. "1. He [Jesus] corrected the Deism of the Jews, confirming them in their belief of one only God, and giving them juster notions of his attributes and government. OF THOMAS JEFFERSON. 485 • 2. His moral doctrines, relating to kindred and friends, were more pure and perfect than those of the most correct of the philoso- phers, and greatly more so than those of the Jews ; and they went far beyond both in inculcating universal philanthropy, not only to kindred and friends, to neighbors and countrymen, but to all man- kind, gathering all into one family, under the bonds of love, charity, peace, common wants, and cominon aids. A development of this head will evince the peculiar superiority of the system of .Tesus over all others. •' 3. The precepts of philosophy, and of the Hebrew code, laid liold of actions only. He pushed his scrutinies into the heart of man ; erected his tribunal in the region of his thoughts, and puri- fied the waters at the fountain head. " 4. He taught, emphatically, the doctrine of a future state, which was either doubted, or disbelieved by the Jews ; and wielded it with efficacy, as an important incentive, supplementary to the other mo- lives to moral conduct." The President was in habits at frequent communication with the fraternity of literary men spread over the whole earth ; and with vari- ous societies in Europe, instituted for benevolent or useful purposes. — particularly the Agricultural Society of Paris, and the Board of Agri- culture of London, of both of which he was a member. He was in- defatigable in endeavoring to obtain the useful discoveries of these Societies, as they occurred, and in communicating to them, in re- turn, those of the western hemisphere. He imported from France, at his own expense, two parcels of Merino sheep, among the first intro- duced into this country, with a variety of new inventions in the ag- ricultural and mechanic arts, and new articles of culture, which have since become of general use in the United States. He transmitted to the Society of Paris, in return, several tierces of South Carolina rice, for cultivation in France ; and to the Board of Agriculture of London, several barrels of the genuine May wheat, of Virginia. Some of these exportations happened during the restraints of the embargo, and, on its getting into the newspapers, excited a furiou? and most ridiculous uproar against the President. His correspond ence with the eminent philanthropists of Europe, particularly on the subject of Vaccination, at the epoch of the first intelligence of that momentous discovery ; his persevering efiforts for introducing it into this country, against the weight of scepticism and ridicule which it encountered ; and his subsequent correspondence with Dr. Waterhouse and others, mingled with eltperimental exertions for 42 486 LIFE, WRITINGS, AND OPINIONS establishing and propagating its efficacy, are among the standing monuments of his indefetigableness in the general cause of human- ity and usefulness, while at the head of the nation. Nor would it be justice to omit distinguishing among these disinterested services, his eloquent correspondence with the Emperor Alexander, who held the bcilance of power in Europe, for the purpose of engaging his intercession with the belhgerent nations, to procure a restoration and liberalization of neutral rights, under the violations of which America was then laboring so critically. The following extract from one of his communications to the Emperor, written in the spring of 1806, in view of a general pacification then expected to be near, displays the ardor of his private endeavours, in aid of the public operations, to meliorate the condition of neutral nations. "It will be among the latest and most soothing comforts of my life, to have seen advanced to the government of so extensive a portion of the earth, and at so early a period of his life, a sovereign, whose ruling passion is the advancement of the happiness and pros- perity of his people ; and not of his own people only, but who can extend his eye and his good will to a distant and infant nation^ un- offending in its course, unambitious in its views. " The events of Europe come to us so late, and so suspiciously, that ol^servations on them would certainly be stale, and possibly wide of their actual state. From their general aspect, however, I collect that your Majesty's interposition in them has been disinter- ested and generous, and having in view only the general good of the great European family. When you shall proceed to the pacifi- cation which is to reestp.blish peace and commerce, the same dis- positions of mind will lead you to think of the general intercourse of nations, and to make that provision for its future maintenance, which in times past, it has so much needed. The northern nations of Europe, at the head of which your Majesty is distinguished, are habitually peaceable. The United States of America, like them, are attached to peace. We have then with tliem a common interest in the neutral rights. Every nation, indeed, on the continent of Europe, belligerent as well as neutral, is interested in maintaining these rights, in liberalizing them progressively with the progress of .science and refinement of morality, and in relieving them from re- strictions which the extension of the arts has long since rendered unreasonable and vexatious. " Two personages in Europe, of which your Majesty is one, have it in their power, at the approaching pacification, to render eminent service to nations in general, by incorporating into the act of pacifi- ♦•/ation, a correct definition of the rights of neutrals on the high seas. rSuch a definition, declared by all the powers lately or still belliger- 'of THOMAS JEFFERSON. 487 ent. woukl give to those rights a precision and notoriety, and cover them with an authority, which would protect them in an important degree against future violation ; and should any further sanction be necessary, that of an exclusion of the violating nation from com- mercial intercourse with all the others, would be preferred to war, as more analogous to the oirence, more easy and hkeiy to be execu ted with good faith. The essential articles of these rights, too, are so few and simple as easily to be defined. '• Having taken no part in the past or existing troubles of Europe, we have no pait to act in its pacification. But as principles may then be settled in which we have a deep interest, it is a great happi- ness for us that they are placed under the protection of an umpire, who, looking beyond the narrow bounds of an individual nation, will take under the cover of his equity the rights of the absent and unrepresented. It is only by a happy concurrence of good charac- ters and good occasions, that a step can now and then be taken to advance the well being of nations. If the present occasion be good, I am sure your Majesty's character will not be wanting to avail the world of it. By monuments of such good offices may your life be- come an epoch in the history of the condition of man, and may He . who called it into being for the good of the human family, give it length of days and success, and have it always in his holy keeping." The plan of colonizing the free people of color, in some place re- mote ficm the United States, originated with Mr. Jefferson, at an early period ; and on coming into the office of President, he prose- cuted the enteiprise with renewed energy. A correspondence was opened between him and Mr. Monroe, then Governor of Virginia ; and the first formal proceeding on the subject was made in the Vir- ginia Legislature, soon after, to wit, about the year 1803. The purpose of his correspondence with Mr. Monroe, is explained in a letter from him about ten years afterwards, and published in the first annual report of the Colonization Society. He proposed to gain admittance to the free people of color, into the establishment at Sierra Leone, which then belonged to a private company in Eng- land ; or, in failure of that, to procure a situation in some of the Portuguese settlements in South America. He wrote to Mr. King, then our Minister in London, to apply to the Sierra Leone Compa- ny. The application was made, but without success, on the ground that the Company was about to dissolve, and reUnquish its posses- sions to the government. An attempt to negotiate with the Portu- guese Governor, Avas equally abortive, which suspended all active measures for a time. But the enterprise was kept ahve by Mr. Jef- iS8 LIFE, WRITINGS, AND OPINIONS ferson, who, by his impressive admonitions of its importance, held the Legislature of Virginia firm to its purpose. The subject was from time to time discussed, till in the year 1816 a formal resolu- tion was passed almost unanimously, being but a repetition of cer- tain resolutions which had been adopted in secret session at three distinct antecedent periods. It was truly the feeling and voice of Virginia, which was followed by the States of Maryland, Tennes- see and Georgia. Colonization societies were then for the first time formed.* In the catalogue of unoflicial services, the improvements and eni- heilishments which he showered upon the National Metropolis, are not among the least engaging. Almost every thing that is beauti- ful in the artificial scenery of Washington, is due to the taste and industry of Mr. Jefferson, He planted its walks with trees, and strewed its gardens with flowers. He was rarely seen returning from his daily excursions on horseback, without bringing some branch of tree, or shrub, or bunch of flowers, for the embellishment of the infant Capital. He was familiar with every tree and plant- from the oak of the forest, to the meanest flower of the valley. The willow-oak was among his favoiite trees; and he viJ'as often seen standing on his horse gathering the acorns from this tree. Ke had it in view to raise a nursery of tiietii, which, when large enough to give shade, should be made to adorn the walks of all the avenues in the city. In the mean time, he planted them with the Lombar- dy poplar, being of the most sudden growth, contented that, though he could not enjoy their shade, his successors would. Those who have stood on the western portico of the Capitol, and looked down the long avenue of a mile in length to the President's house, have been struck with the beautiful colonnade of trees which adorns the whole distance, on either side. These were all planted under the direction of Mr. Jefferson, who often joined in the task with his own hands. He always lamented the spirit of extermination which had swept off the noble forest trees that overspread Capitol Hill, extend- ing down to the banks of the Tiber, and the shores of the Potomac. He meant to have converted the grounds into extensive parks and gardens. " The loss is irreparable," said he to an European traveller. " n9r can the evil be prevented. When I have seen such depreda- * N. A, Review, vol. 18, page 41, OF THOMAS JEFFERSON. 489 tions, I have wished for a moment to be a despot, that, in the posses- sion of absoUite power, I might enforce the preservation of these val- uable groves. Washington might have boasted one of the noblest parks, and most beautiful malls, attached to any city in the world." Such are a few of the private efforts and enterprises which Mr. Jefferson intermingled in the discharge of his public avocations. They were performed, too, without any dereliction of the sweets of social intercourse, or of literary occupation, which ever constituted the predominant passions of his soul. A regular portion of every day was devoted to the acquisition of science ; and the most liberal portions, to the reception of company, whom he entertained, not with the constrained formality inspired by a mere sense of duty, but with a cordiality, amenity, and exhilaration, which betokened the highest gratification. The brilliancy of his diversified fame made Washington the peculiar attraction of strangers, of every de- scription and country, during his administration ; which, with the irrepressible enthusiasm of partisans and political admirers, wlio thronged to pay him their homage, subjected him to extraordinary interruptions on the score of company. The facility with which he discharged these draughts upon his attention, amidst the complica- tion of public and necessary duties, was wont to excite the astonish- ment of those who visited him. The impression produced by his notice of a remark of a visiter, dropped in the freedom of conver- sation, and expressive of surprise at his lacing able to transact the public business, amidst such numerous interruptions, is well remem- bered to this day by those who heard it. "Sir," said Mr. Jefferson, "I have made it a rule, since I have been in public life, never to let the sun rise before me, and, before I breakfasted, to transact all the business called for by the day." Much of the ease and fidelity with which he acquitted himself, under such an accumulation of engage- ments, is ascribable to his extraordinary industry and versatility of practical talent, but more, perhaps, to system, and a methodical ar- rangement of time. So exact were his habits of order, that, in a cabinet overflowing with papers, every one was so labelled and ar- ranged, as to be capable of access in a moment. Mr. Jefferson had long contemplated with eagerness the ap- proach of the happy day, which was to relieve him from the "dis- tressing burthen of power," and restore him to the enjoyment of his family, his books, and his farm. Soon after the commencement of 42* 490' LIFE, WRITINGS, AND OPirHONS iiis second teim, he had requested his fellow citizens to think of a successor for him, to whom he declared 'he should deliver the pub- lic concerns with greater joy than he received them.' Mr. Madison was evidently his first choice, Mr. Monroe his second ; but as the public sentiment appeared at first to show some symptoms of vaccil- lation between them, he abstained from any agency in deciding its final direction ; not only from a principle of duty, but from a desire to carry into his retirement the equal cordiality of those, whom he fondly cho.racterized as "two principal pillars of his happiness." His wishes were successively ratified by the nation, in its successive choices ; and their respective administrations, particularly that of Mr. Madison, were so nicely conformable to his own, in principle and in spirit, that they seemed but a continuation of power in the same hands. No higher eulogy could be affixed to the origination of a course of administrative policy, than that its authority should have been deemed so oracular with the nation, as to have made its strict observance by all succeeding Presidents, not only essential to their popularity, but absolutely conditional to their continuance be- yond the four year's term of probation . When a distinguished French citizen, who had visited our country under the golden sway of this poMcy, returned to France, one of the first questions which Bonaparte asked him, was, ' What kind of a government is that of the United States V 'It is one, Sir,' he replied, 'which you can neither feel nor see.'' The First Consul asked no more questions ; feeling, that such a panegyric on this government, was the severest satire on his. '^fhe voice of the nation, under the influence of, a misguided partial- ity, was strong and importunate for a re election of him who had developed the genius of their government so truly, and modelled its character so exquisitely ; but he rejecJed the allurement, in dignified and inflexible adherence to a principle which he wished to become as inviolable as if incorporated into the Constitution. Not only principle, but the strongest of inclinations dictated to him such a course. If there was any one sentiment, next to the love of coun- try, which was now uppermost in the breast of Mr. Jefierson, it was that of his familiar assertion, 'that he never felt so happy as when shifting power from his own shoulders upon those of another.' He had lived to conduct the vessel of State eight years steadily in her course ; to establish and carry through a system of administration which he liad originally proposed for the restoration of the govern^ OF THOMAS JEFFERSON. 491 menl lo ils 'republican tack ;' to witness the wiiole body of tiie na- tion, except the leaders of the antagonist faction, cordially amalga- mated in its support ; and to see in his successor, a guarrantee of continued prosperity, order, and maintenance of sound principles. What more could he desire l His earthly purposes were answered : and he resolved to make the rich consummation the date of his final retirement from all public employments. The early impatience with which he anticipated the appointed epoch, and the lively satis- faction with which he saluted its arrival, as dispersed through his private correspondence, realize all that has been written or fancied on the moral sublimity of the spectacle of a great nmn voluntarily resigning power. " I have tired you, my friend, with a long letter. But your tedi- um will end in a few lines more. Mine has yet two. years to indure. I am tired of an office where I can do no more good than manv others, who would be glad to be employed in it. To mvself, per- sonally, it brings nothing but unceasing drudgery, and daily loss of friends. Every office becoming vacant, every appointment made, 7ne donne un ingrat, et cent enncniis. My only consolation is in the belief, that my fellow citizens at large give me credit for good intentions. I will certainly endeavor to merit the continuance of that good will which follows well intended actions, and their appro- bation wnll be the dearest reward I can carry into retirement.'- "At the end of my present term, of which two years are yet to come, I propose to retire from public life, and to close n}y da3i's on my patrimony of Monticello, in the bosom of my family. I have hitherto enjoyed uniform health ; but the weight of public business begins to be too heavy for me, and I long for the enjoyment of ru- ral hfe, among my books, my farms, and my family. Having per- formed my quadragena stipendia, I am entitled to my discharge. and should be sorry, indeed, that others should be sooner sensible than myself when I ought to ask it." " Within a few days I retire to my family, my books, and farms : and having gained the harbor myself, I shall look on my friends still bufteting the' storm, v/ith anxiety indeed, but not with envy. ]Nev- er did a prisoner, released from his chains, feel such relief as I shall on shaking off the shackles of power. Nature intended me for the tranquil pursuits of science, by rendering them my supreme delight. But the enormities of the times in which I have lived, have forced me to take a part in resisting them, and to commit myself on the boisterous ocean of pohtical passions. I thank God for the oppor- tunity of retiring from them without censure, and carrying with me the most consoling proofs of public approbation. I leave every thing 492 LIFE, WRITINGS, AND OPINIONS in the hands of men so able to take care of them, that if we are des- tined to meet misfortunes, it will be because no human wisdom could avert them. Should you return to the United States, perhaps your curiosity may lead you to visit the hermit of Monticello. He will re- ceive you with affection and delight ; hailing you in the mean time Avith his affectionate salutations, and assurances of constant esteem and respect." In the spring of 1809, Mr. Jefferson made his last and gladsome retreat to the hermitage of Monticello. He retired from a forty years' possession of accumulative honors, and from the summit of human popularity, with a mind untainted in its principles, unsophis- ticated in its views and feehngs, with the same jealousy of power, the same love of equality and abhorrence of aristocracy, and the same unbounded confidence in the people. He was sixty-six years old. At the same age, singular coincidence, have all the other Chief Magistrates retired from office — Washington, Adams, Mad- ison, Monroe — except the younger Adams, who wanted but the ordinary term of service to complete the same number of years. He was accompanied into retirement with the overflowing plau- dits and benedictions of his grateful countrymen. Addresses up- on addresses, public and private, by political assemblies, religious associations, and literary institutions, were showered upon him, ex- pressive of enthusiastic approbation of his conduct in the adminis- tration of the government, and beaming with affectionate prayers for his future tranquillity and happiness. To the citizens of Wash- ington who assembled to pay him a farewell tribute of their affection, he replied, in a style which betrayed the engrossing sentiments of his heart : " I receive with peculiar gratification the affectionate ad- dress of the citizens of Washington, and in the patriotic sentiments it expresses, I see the true character of the National Metropolis. The station which we occupy among the nations of the earth, is honorable, but awful. Trusted with the destinies of this soUtary re- public of the world, the only monument of human rights, and the sole depository of the sacred fire of freedom and self government, from hence it is to be lighted up in other regions of the earth, if other regions of the earth shall ever become susceptible of its genial influence. All mankind ought, then, with us, to rejoice in its pros- perovis, and sympathize in its adverse fortunes, as involving every thing dear to man. And to what sacrifices of interest, or conven- ience, ought not these considerations to animate us ! To what OF THOMAS JEFFERSON. 493 compromises of opinion and inclination, to maintain harmony and union among ourselves, and to preserve from all danger this hal- lowed ark of human hope and happiness ! That differences of opinion should arise among men, on politics, on religion, and on every other topic of human enquiry, and that these should be freely expressed in a country where all our faculties are free, is to be ex pected. But these valuable privileges are much perverted when permitted to disturb the harmony of social intercourse, and to lessen the tolerance of opinion. To the honor of society here it has been characterized by a just and generous liberality : and an indulgence of those affections, which, without regard to political creeds, consti- tute the happiness of life."' The inhabitants of his native county, Albemarle, were eager of the occasion to testify those peculiar emotions of gratitude and ven- eration, which they felt for their 'illustrious neighbor and friend ;' and to welcome hin), in a distinguished manner, 'to those sweets of retirement for which he had so often sighed.' With this view, the\' formed the determination at a pubhc meeting, to receive him in a body ,at the extremity of the county, and conduct him home. Fearful, however, lest the zeal of friendship might inflict a wound on his characteristic niouesty, they previously submitted to him their intention, in reply, he expressed in the most affectionate terms his wish, that ' his neighbors would not take so much trouble on his account." The idea was accordingly rehnquished. But at a subsequent meeting of the inhabitants of the county, an Address was unanimously adopted and ordered to be presented to him, in which they added to the general gratulations of the nation, their particular sensations of love and reverence, in the most afl'ecting terms. " As individuals," it concluded, "among whom you were raised, and to whom you have at all times been dear, we again wel- come your return to your native county, to the bosom of your fami- ly, and to tiie affections of those neighbors who have long known, aad have long revered you in private life. We assure you. Sir, we are not insensible to the many sacrifices you have already made, to the various stations which have been assigned you by yom- country ; we have witnessed your disinterestedness, and while we feel the benefits of your past services, it would be more than ingratitude in us, did we not use our best efforts to make your latter days as tran- quil and as happy, as your former have been bright and glorious." 494 LIFE, WRITINGS, AND OPINIONS To this Address Mr. Jefferson returned the following answer. " Returning to the scenes of my birth and early life, to the socie- ty of those with whom I was raised, and who have been ever dear to me, I receive, fellow citizens and neighbors, wdth inexpressible pleasure, the cordial welcome you are so good as to give me. Long absent on duties which the history of a wonderful era made incum- bent on those called to them, the pomp, the turmoil, the bustle, and splendor of office, have drawn but deeper sighs for the tranc|uil and irresponsible occupations of private life, for the enjoyment of an af- fectionate intercourse with you, my neighbors and friends, and the endearments of family love, which nature has given us all, as the sweetener of every hour. For these I gladly lay down the distress- ing burthen of power, and seek, with my fellow citizens, repose and safety under the watchful cares, the labors, and perplexities of younger and abler minds. The anxieties you express to administer to my happiness, do, of themselves, confer that happiness; and the measure will be complete, if my endeavors to fulfil my duties in the several public stations to which I have been called, have obtained for me the approbation of my country. The part which I have acted on the theatre of public life, has been before them ; and to their sentence I submit it : but the testimony of my native county, of the individuals who have known me in private life, to my con- duct in its various duties and relations, is the more grateful, as pro- ceeding from eye witnesses and observers, from triers of the vicinnge. Of you, then, my neighbors, 1 may ask, in the face of the world, ' Whose ox have I taken, or whom have I defrauded '? Whom have I oppressed, or of whose hand have I received a bribe to blind mine eyes therewith ?' On your verdict I rest with conscious security. Your Avishes for my happiness are received with just sensibility, and I offer sincere prayers for your own welfare and prosperity." Among the numerous testimonials of the public gratitude, elicited on this gratifying occasion, the ' valedictory address of the General Assembly of Virginia,' is deservedly the most distinguished. It is too rich a docimient intrinsically, and too proudly associated with the reputation of him whose merits it was intended to commemo- rate, not to require an insertion. It was agreed to by both Houses, on the 7th of February, 1S09. " Sir, — The General x\ssembly of your native State cannot close their session, without acknowledging your services in the office which you are just about to lay down, and bidding you a respectful and affectionate farewell. "We have to thank you for the model of an administration con- ducted on the purest principles of republicanism ; for pomp and state laid aside ; patronage discarded ; internal taxes abolished ; a host of superfluous officers disbanded ; the monarchic maxim that OF THOMAS JEFFERSON. 495 'a national debt is a national blessing,' renounceci, and more than thirty-three millions of our debt discharged ; the native right to nearly one hundred millions of acres of our national domain extin- guished ; and, without the guilt or calamities of conquest, a vast and fertile region added to our country, far more extensive than her original possessions, bringing along with it the Mississippi and the port of Orleans, the trade of the West to the Pacific ocean, and in the intrinsic value of the land itself, a source of permanent and al- most inexhaustible revenue. These are points in your administra- tion which the historian will not fail to seize, to expand, and teach posterity to dwell upon with delight. Nor will he forget our peace with the civilized world, preserved through a season of vmcommon difficulty and trial ; the good will cultivated with the unfortunate aborigines of our country, and the civilization humanely extended among them ; the lesson taught the inhabitants of the coast of Bar- bary, that we have the means of chastising their piratical encroach- ments, and awing them into justice; and that theme, on which, above all others, the historic genius will hang with rapture, the hb- erty of speech and of the press, preserved inviolate, without which genius and science are given to man in vain. " In the principles on which you have administered the govern- ment, we see only the continuation and maturity of the same vir- tues and abilities, which drew upon you in your youth the resent- ment of Dunmore. From the first brilliant and happy moment of your resistance to foreign tyranny, until the present day, we mark with pleasure and with gratitude the same uniform, consistent char- acter, the same warm and devoted attachment to hberty and the re- public, the same Roman love of your country, her rights, her peace, her honor, her prosperity. "How blessed will be the retirement into which you are about to go ! How deservedly blessed will it be ! For you carry with you the richest of all rewards, the recollection of a life well spent in the ser- vice of your country, and proofs the most decisive, of the love, the gratitude, the veneration of your countrymen. " That your retirement may be as happy as your life has been virtuous and useful ; that our youth may see, in the blissful close of your days, an additional inducement to form themselves on your model, is the devout and earnest prayer of your fellow-citizens who compose the General Assembly of Virginia." Thus terminated the political career of one who had been a prin- cipal agent of two Revolutions, and an eye-witness of a third, gener- ated in the prolific womb of the first ; of one who, from his entrance into manhood, had continued the unyielding advocate of princi- ciples, which, first discarded, next endured, then embraced, had eventually swayed the destinies of his country through the perilous 496 LIFE, WRITINGS, AND OPINIONS and successive convulsions of transformation from a monarchical to a free structure of government, and of deliverance from the fatal catas- trophe of a counter-revolution, in the last extremities of exhaustion, despair, and self-abandonment ; who had lived to see the potent en- ergies of those principles so extensively transfused into the very syc- ophants of the tyrants of the old world, temporal and spiritual, as that the earth was every where shaking under their feet ; and who, at last, enjoyed the ineffable consummation of seeing his name be- come the synonym of political ortliodoxy at home, and the watch- word of the isolated aspirants for its attainment, in all parts of the civiHzed world. " Bright are the memories linkM with thee, Boast of a glory-hallowed land, Hope o? the valiant and the free." Thus had he performed his wonderful course, and thus, full of years, and covered with glory, in the rich fruition of his earliest and sweetest aspirations, he was ready, as to all political affairs, to utter his favorite invocation : Nunc cUmittas, Domine — '*Lord, now let- test thou thy servant depart in peace.' CHAPTER XIV. In repairing with so much eagerness to the shades of his native mountains, it seems not to have entered the mind of Mr. Jefferson to relax his efforts for the benefit and happiness of mankind, but to divert them into a channel more analogous to his disposition. His whole hfe, he was in the habit of remarking, had been at war with his natural taste, feeUngs and wishes. Circumstances had led him . along, step by step, the path he had trodden, and like a bow long bent, when unstrung, he resumed with delight the character and pursuits for which nature designed him. His was not the retire- ment of one who sought refuge from the pangs of disappointed ambition, and the world's mockery of them, in the vain, though vaunted resource of obhvion and stoical insensibility ; or who cov- eted repose from the giddy turbulence of the scene, to indulge in inglorious indolence and inanity. No, his was the voluntary seclu- sion of one, "who," as it has been beautifully said, "had well filled OF THOMAS JEFFERSON. -497 a noble part in public life, from which he was prepared and anxious to withdraw ; who sought retirement to gratify warm affections, and to enjoy his well earned fame ; who desired to turn those thoughts which had been necessarily restrained and hmited, to the investigation of all the sources of human happiness and enjoyment ; who felt himself surrounded, in his fellow citizens, by a circle of af- fectionate friends, and had not to attribute to a rude expulsion from the theatre of ambition, his sincere devotion to the pursuits of agri- culture and philosophy ; and who, receiving to the last moment of his existence continued proofs of admiration and regard, which pen- etrated his remote retirement, devoted the remainder of his days to record those various reflections for which the materials had been collected and treasured up, unknown to himself, on the long and various voyage of his life." To do justice to the remaining portion of Mr. Jefferson's life. which is fitly described as having been appropriated ' to the investi- gation of all the sources of human happiness and enjoyment,' would exceed the competency of any one not conversant with his daily avdcations, and admitted into all the mysteries of his mighty cabi- net. In the possession of undecayed intellectual powers, and a physical strength unsubdued by the labors which ' the history of a wonderful era had made incumbent on him,' he devoted the rem- nant of his days to the precious employment of unlocking all the store-houses of human knowledge, and dispensing their rich treas- ures to the generation who had succeeded him*on the theatre of public affairs ; and to laying the foundations for the still greater extension of science, and indigenous political philosophy, for the ben- efit of the still succeeding generations who should rise up, in per- pehmm, and assume the direction of the interests of society, by the establishment of a Colossean Seminary of learning, which should rival the institutions of Cambridge and Oxford. These were his wisest, if not his happiest, days. The streams of oracular wisdom which flowed from his consecrated retreat, have continued to nour- ish the principles of the noble fabric which he reared, and to pre- serve from degeneracy those who have successively been constitu- ted the depositories of its sacred functions. May the time never ar- rive when they shall cease to maintain their ascendency in the couu- cils of the nation, and to exert their healthful and restraining inflji ence over its authorities. To give place for a series of selection- 43 498 LIFE, WRITINGS, AND OPINIONS from his cabinet, developing the opinions of the Monticellean phi- losopher, on questions the most interesting and important to man- kind, and which have not yet been brought into special review ; liis observations on the distinguished characters with whom he act- ed, or came in contact, in the course of his various career : on the parties and pohticai occurrences of the passing day ; his daily oc- cupations and habits of Uving, &.c. — expressed in the freedom of pri- vate and unrestrained confidence, seems the most satisfactory meth- od of supplying that portion of his history, for which the materials are of too abstract a nature to be adapted to historical narrative. The quotations must be necessarily limited, broken, and in some ruses, perhaps, insufficient to convey a perfect idea of the writer's opinions. Relative powers of the General and State govern- ments. — " With respect to our State and Federal governments, J do not think their relations correctly understood by foreigners. They generally suppose the former subordinate to the lattei. But this is not the case. They are co-ordinate departments of one sim- })lc and integral whole. To the State governments are reserved all le-^islation and administration, in affairs which concern their own citizens only, and to the Federal government is given whatever con- cerns foreigners, or the citizens of other States ; these functions alone heinf made federal. The one is the domestic, the other the for- eign%ranch of the same government ; neither having control over the other, but within its own department. There are one or twt) exceptions only to this partition of power. Bat you may ask, if the two "departments should claim each the same subject of power, ^vherc is the common umpire to decide ultimately between them? ]n cases of little importance or urgency, the prudence of both parties will keep them aloof from the questionable ground : but if it can neither be avoided nor compromised, a convention of the States nmst be called, to ascribe the doubtful power to that department which they may think best." Relative powers of each branch in the General gov- ernment. — '-You seem to think it devolved on the judges to de- cide on the validity of the sedition law. But not,hing in the con- stitution has given them a right to decide for the executive, more than to the executive to decide for them. Both magistracies are equally independent in the sphere of action assigned to them. The fudges, believing the law constitutional, had a right to pass a sentence'of fine and imprisonment ; because the power was placed in their hands by the constitution. But the executive, believing the law to be unconstitutional, w^ere bound to remit the execution of it; OF THOMAS JEFFERSON. 49& bsc^ause that power has been confided to them by the constitution. That inatruin^iit meant that its co-ordinate branches should be checks on each other. But the opinion which gives to the judges? the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legisl.-i- ture and executive also in their spheres, would make the judiciary a despotic branch." "If this opinion be sound j then indeed is our constitution a com- plete felo de se. For intending to establish three departments, co- ordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone, the right to prescribe rules for the gov^ernmant of the others, and to that one too, which is unelected by, and independent of the nation. For experience has already shown that the impeachment it has pro- vided is not even a scare-crow ; that such opinions as the one you combat, sent cautiously out, as you observe also, by detachment, not belonging to the case often, but sought for out of it, as if to rally the public opinion beforehand to their views, and to indicate the line they are to v/alk in, have been so quietly passed over as never to have excited animadversion, even in a speech of any one of the body entrusted with impeachment. The constitution, on this hy- pothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please. It should be remembered, as an axiom of eternal truth in politics, that whatever power in any govermnent is independent, is absolute also ; in theo- ry only, at first, while the spirit of the people is up, but in practice, as fast as that relaxes. Independence can be trusted no where but with the people in mass. They are inherently independent of all but moral law." Tendencies to consolidation, and mode of resistance. — " I see as you do, and with the deepest affliction, the rapid strides with which the federal branch of our government is advancing to- wards the usurpation of all the rights reserved to the States, and the consolidation in itself of all powers, foreign and domestic ; and that too, by constructions which, if legitimate, leave no limits to their power. Take together the decisions of the federal court, the doctrines of the President, [1825] and the misconstructions of the constitution- al compact acted on by the legislature of the federal branch, and it is but too evident, that the three ruling branches of that department are in combination to strip their colleagues, the State authorities, of the powers reserved by them, and to exercise themselves all functions, for- / eign and domestic. Under the power to regulate commerce, they as- sume indefinitely that also over agriculture and manufactures, and call it regulation to take the earnings of one of these branches of in- dustry, and that too the most depressed, and put them into the pock- els of the other, the most flourishing of all. Under the authority to 50(1 LIFE, WRITINGS, AND OPINIONS establish post roads, they claim that of cutting down mountains for the construction of roads, of digging canals, and aided by a little sophis- try on the words ' general welfare,' a right to do, not only the acts to effect that, which are specifically enumerated and permitted, but whatsoever they shall think or pretend will be for the general wel- fare. And what is our resource for the preservation of the constitu- tion ? Reason and argument ? You might as well reason and argue with the marble columns encircling them. The representa- tives chosen by ourselves ? They are joined in the combination, some from incorrect views of government, some from corrupt ones, sufficient, voting together, to outnumber the sound parts ; and with majorities only of one, two, or three, bold enough to go forward in defiance. Are we then to stand to our arms, with the hot-headed Georgian ? No. That must be the last resource, not to be thought of until much longer and greater sufferings. If every infraction of a compact of so many parties is to be resisted at once, as a dissolu- tion of it, none can ever be formed which would last one year. We must have patience and longer endurance then wath our breth- ren while under delusion ; give them time for reflection and expe- rience of consequences : keep ourselves in a situation to profit by the chapter of accidents ; and separate from our companions onl}- when the sole alternatives left, are the dissolution of our Union with them, or submission to a government without limitation of powers. Between these two evils, when we must make a choice, there can be no hesitation. But in the mean while, the States would be watchful to note every material usurpation on their rights ; to de- nounce them as they occur in the most peremptory terms ; to pro- test against them as wrongs to which our present submission shall be considered, not as acknowledgments or precedents of right, but as a temporary yielding to the lesser evil, until their accumulation shall overweigh that of separation. I would go still further, and give to the federal member, by a regular amendment of the consti tution, a right to make roads and canals of intercommunication be- tween the States, providing sufficiently against corrupt practices in Congress, (log rolling, 6cc.) by declaring that the federal proportion of each State of the monies so employed, shall be in works within the State, or elsewhere with its consent, and with a due salvo of jurisdiction. This is the coiu-se which I think safest and best as yet." Internal improvement, constructive interpretation.s, &c. — " You will have learned that an act for internal improvement. after passing both Houses, was negatived by the President [1817.] The act was founded, avowedly, on the principle that the phrase in the constitution, which authorizes Congress 'to lay taxes, to pay the debts and provide for the general welfare,' was an extension of the powers specifically enumerated to whatever would promote the gen- OF THOMAS JEFFERSON. 501 eral welfare ; and this, you know, was the federal doctrine. Where- as, our tenet ever was, and, indeed, it is almost the only land-mark which now divides the federalists from the republicans, that Con- gress had liot unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated ; and that, as it was never meant they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action : consequently, that the specification of powers is a limitation of the purposes for which they may raise money. I think the passage and rejection of this bill a fortunate in- cident. Every State will certainly concede the power ; and this will be a national confirmation of the grounds of appeal to them, and will settle for ever the meaning of this phrase, which, by a mere grammatical quibble, has countenanced the General government in a claim of universal power." "I have for some time considered the question of internal im- piovement as desperate. The torrent of general opinion sets so strongly in favor of it as to be irresistible. And I suppose that even the opposition in Congress will hereafter be feeble and formal, unless something can be done which may give a gleam of encouragement to our friends, or alarm their opponents in their fancied security. 1 learn from Richmond, that those who think with us there, are in a state of perfect dismay, not knowing what to do, or what to propose. Mr. Gordon, our representative, particularly, has written to me in very desponding terms, not disposed to yield, indeed, but pressing for opinions and advice on the subject. I have no doubt you are pr(issed in the same way, and I hope you have devised and recom- nKjnded something to them. If you have, stop here and read no more, but consider all that follows as non avenue. I shall be better satisfied to adopt implicitly any thing which you may have advised, than any thing occurrir.g to myself. For I have long ceased to think on subjects of this kind, and pay little attention to puljhc pro- ceedings. But if you have clone nothing in it, then I risk for your consideration what has occurred to me, and is expressed in the en- closed paper. Bailey's. propositions, which came to hand since 1 wrote the paper, and which I suppose to have come from the Presi- dent Iiimself, show a little hesitation in the purposes of his party: 'and in that state of mind, a bolt shot critically may decide the con- test, by its effect on the less bold. The olive-branch held out tc» them at this moment me^y be accepted, and the constitution thus saved at a moderate sacrifice. I say nothing of the paper, v/hich will explain itself. The following heads. of consideration, or some of them, may weigh in its favor : It may intimidate the wavering. It may break the western coalition, by offering the same thing in a different form. It will be viewed with favor in contrast' with the Georgia opposition and fear of strengthening that. It will be aa 43* 502 LIFE, "WRITINGS, AND OPINIONS example of a temperate mode of opposition in future and similar ca- ses. It will delay the mea:5ure a year at least. It will give us the chance of better times and of intervening- accidents ; and in noway place us in a worse than olu- present situation. I do not dwell on these topics ; your mind will develope them."* Domestic Manufactures. — " I have now thirty -five spindles a going, a hand carding-machine, and looms with the Hying shut- tie, for the supply of my own farms, which v/ill never be relinquish- ed in my time. The continuance ol^ the war will fix tlie habit gen erally, and out of the evils of impressment and of the oVders of coun- cil, a great blessing for us will grow. I have not formerly been an advocate for great manufactories. I doubted whether pur labor, em- ployed in agriculture, and aided by* the spontaneou,s dnergies of the earth, would not procure us more than we could make ourselves of other necessaries. But other considerations entering into the ques- tion, have settled my doubts." " You tell me I am quoted by those who wish to continue our de- pendance on England for manufactures. There was a time when I might liave been so quoted with more candor. But within the thirty years which have since elapsed, how are circumstances chang- ed ! We were then in peace ; our independent place among na- tions was acknowledged. A commerce which ofiered the raw ma- terial, in exchange for the san^e material after receiving the last touch of industry, v/as worthy of welcome to all nations. It was expected, that those especially to whom manufacturing industiy was important, would cherish the friendship of such customers by every favor, and particularly cultivate their peace by every act ot justice and friendship. Under this proa-pcct, the question seemed legitimate, whether, with such an iimnensity of unimproved land. i-o-urting the hand of husbandry, the industry of agriculture, or that i)f manufactures, would add most to the national wealth. And the doubt on the utility of the American manufactures was entertained on. this consideration, chiefly, that to the labor of the husbandman a vast addition is .made by the spontaneous energies of the earth on which it is employed. For one grain \of wheat committed to the oarth, she renders twenty, thirty, and tn'en fifty fold ; whereas to the labor of the manufacturer nothing is\added. Pounds of llax, in his hands, on the contrary, yield but pei-iny weights of lace. This exchange, too, laborious as it might seem, what a field did it prom ise for the occupation of the ocean ; what a nursery for that class of * Appended to tlie above letter, is a luminous and powerful instrument, in- tended to be submitted to the Leffislature of Virg-inia for their adoption, enti- tlpd, " The Solemn Declaration and Protest of 'lie Commonweallli of Virginia, on tlie Principles of tiie Constitution of the United States of America, and on the Violations of them." The mode of redress recommended was equally op- posed to " nullification," and to passive acquiescence. OF THOMAS JEFFERSON. 503 citizens who were to exercise and maintain our equal rights on that element ! This was the state of things in 1785, when the NotCoon Virginia were first pubhshed ; when, the ocean being open to all nations, and their common right in it acknowledged and exercised under regulations sanctioned by the assent and usage of ail, it was thought tliat the doulit might, claim some consideration. " But who, in 1785, could foresee the ra.pid depravity wliich was to render the close of that century a disgrace to the history of man ? Who could have imagined that the two most distinguished in the rank of nations, for science and civilization, would have suddenly descended from that honorable eminence, and setting at defiance all those moral laws established by the Author of Nature between na- tion and nation, as between man and man, would cover earth and^ sea with robberies and piracies, merely because strong enough to do it mth temporal impunity, and that under this disbandment of na- tions from social order, we should have been despoiled of a thousand ships, and have thousands of our citizens reduced to Algerine slav- ery. Yet all this has taken place. The British interdicted to our vessels all harbors of the globe, without having first proceeded to someone of hers, there paid a tribute proportioned to the cargo, and obtained her license to proceed to the port of destination. The French declared them to be lawful prize if they had touched at the port, or been visited by a ship of the enemy nation. Thus were we completely excluded from the ocean. Compare this state of things with that of '85, and say whether an opinion founded in the circum- stances of that day, can be fairly applied to those of the present. We have experienced, what we did not then believe, that there exist both profligacy and power.enough to exclude us from the field of in- terchange with other nations. That to be independent for the com- forts of life, we must fabricate them ourselves. We must now place the manufacturer by the side of the agriculturalist. The former question is suppressed, or rather assumes a new form. The grand inquiry now is. Shall we make our own comforts, or go without them at the will of a foreign nation ? He, therefore, who is now against domestic manufacture, must be for reducing us either to de- pendence on that foreign nation, or to be clothed in skins, and to live like wild beasts in dens and caverns. I am not one of these. Experience has taught me that manufactures are now as necessary to our independence as to our comfort ; and if those who quote me as of a different opinion, will keep pace Vv-ith me in purchasing nothing foreign, where an equivalent of domestic fabric can be ob- tained, without regard to difierence of price, it will not be our fault if we do not soon have a supply at home equal to our demand, and wrest that weapon of distress from the hand which has so long wan- tonly wielded it. If it shall be proposed to go beyond our own sup- ply, the question of '85 will then recur. Will our surplus labor be then more beneficially employed, in the culture of the earth, or in 504 LIFE, M'^RITINGS, AND OPINIONS the fabrications of ait ? We have time yet for consideration, before that question will press upon us ; and the axiom to be applied will depend on the circumstances which shall then exist. For in so complicated a science as political economy, no one axiom can be laid down as wise and expedient for all times and circumstances, inattention to this is what has called for this explanation, which reflection would have rendered unnecessary with the candid, while nothing w^ill do it with those who use the former opinion only as a stalking-horse to cover their disloyal propensities to keep us in eter- nal vassalage to a foreign and unfriendly people." Laboring Classes, Agriculture. — " These circum.stances iiave long since produced an overcharge in the class of competitors for learned occupation, and great distress among the supernumerary candidates ; and the more, as their habits of life have disquahfied them for re-entering into the laborious class. The evil cannot be suddenly, nor perhaps ever entirely cured ; nor should I presume to- say by what means it may be cured. Doubtless there are many engines which the nation might bring to bear on this object. Pub • lie opinion and public encouragement are among these. The class principally defective is that of agriculture. It is the first in utility, and ought to be the first in respeet. The same artificial means which have been used to produce a competition in learning, may be equally successful in restoring agriculture to its primary dignity in the eyes of men. It is a science of the very first order. It counts among its handmaids the mpst respectable sciences, such as Chem- istry, Natural Philosophy, Mechanics, Mathematics generally, Nat- ural History, Botany. In every College and University, a profes- sorship of agriculture, and the class of its students, might be honor- ed as the first. Young men closing their academical education with this, as the crown of all other sciences, fascinated with its solid charms, and at a time when they are to choose an occupation, in- stead of crowding the other classes, would return to the farms of their fathers, their own, or those of others, and replenish and invig- orate a calling, now languishing under contempt and oppression. The charitable schools, instead of storing their pupils with a lore which the present state of society does not call for, converted into schools of agriculture, might restore them to that branch, qualified to enrich and honor themselves, and to increase the productions of the nation instead of consuming them. A gradual abolition of the useless offices, so much accumulated in all governments, might close this drain also from the labors of the field, and lessen the bur- thens imposed on them. By these, and the better means which will occur to others, the surcharge of the learned, might in time be drawn off to recruit the laboring class of citizens, the sum of indus- try be increased, and that of misery diminished." National Bank. — " From a passage in the letter of the Presi- dent, I observe an idea of estabhshiug a branch bank of the United OF THOMAS JEFFERSON. 505 States ill New Orleans. This institution is one of the most deadly hostility existing, against the principles and form of our constitu- tion. The nation is, at this time, so strong and united in its senti- ments, that it cannot be shaken at this moment. But suppose a se- ries of untoward events should occur, sufficient to bring into doubt the competency of a republican government to meet a crisis of great danger, or to unhinge the confidence of the people in the public functionaries ; an institution like this, penetrating by its branches every part of the Union, acting by command and in phalanx, may, in a critical moment, upset the government. I deem no govern- ment safe which is under the vassalage of an}' self-constituted au- thorities, or any other authority than that of the nation, or its regu- lar functionaries. What an obstruction could not this bank of the United States, with all its branch banks, be in time of war 1 It might dictate to us the peace we should accept, or withdraw its aids. Ought we then to give further growth to an institution so {powerful,, so hostile ? That it is so hostile we know, 1. from a knowledge of the principles of the persons composing the body of directors in ev- ery bank, principal or branch ; and those of most of the stock-hold- ers : 2. from their opposition to the measures and principles of the government, and to the election of those friendly to them : and, 3^ from the sentiments of the newspapers they support. Nov*\ while we are strong, it is the greatest duty we owe to the safetyof our con- atitution, to bring this powerful enemy to a perfect subordination un- der its authorities. The first measure would be to reduce them to an equal footing only with other banks, as to the favors of the gov- ernment. But, in order to be able to meet a general combination ol the banks against us, in a critical emergency, could we not make a beginning towards an independent use of our own money, to- wards holding our own bank in all the deposits where it is received^ and letting the Treasurer give his draft or note for payment at any particular place, which, in a well conducted governmeni:,. ought tO' have as much credit as any private draft, or bank note, or bill, and would give us the same facilities which Ave derive from the banks ? I pray you to turn this subject in your mind, and give it the benefit of your knowledge of details; whereas, I have only very geaeral views of the subject." Political Parties. — " I know too well the vreaknes-s and nn certainty of human reason, to wonder at its different results. Both of our political parties, at least the honest part of them, agree con- scientiously in the same object, the public good : but they diifer es- sentially in what they deem the means of promoting that good. One side believes it best done by one composition of the governing powers ; the other, by a diflferent one. One fears most the ignor- ance of the people ; the other, the selfishness of rulers independent of them. Which is right, time and experience will prove. We think that one side of this experiment has been long enough tried, 506 LIFE, WRITINGS. AND OPINIONS and proved not to promote the good of tlie many : and that the other has not been fairly and sufficiently tried. Our opponents think the reverse. With whichever opinion the body of the na- tion concurs, that must prevail. My anxieties on this subject will never carry me beyond the use of fair and honorable means of truth and reason ; nor have they ever lessened my esteem for moral worth, nor aUenated my affections from a single friend, who did not first withdraw liimself. Wherever this has happened. J confess I have not been insensible to it : yet have ever kept my- self open to a return of their justice." " I learn from that with great pleasure, that you have resolved on continuing your history of parties. Our opponents are far ahead of us in preparations for placing their cause favorably before poster ity. Yet I hope even from some of them the escape of precious truths, in angry explosions or eflTiisions of vanity, which will betray the genuine monarchism of their principles. They do not them- selves believe what they endeavor to inculcate, that we were an op- position party, not on principle, but merely seeking for office. The fact is, that at the formation of our government, many had formed their political opinions on European writings and practices, believ- ing the experience of old countries, and especially of England, abu- sive as it was, to be a safer guide than mere theory. The doctrines of Europe were, that men in numerous associations cannot be re- strained within the limits of order and justice, but by forces physic- al and moral, wielded over them by authorities independent of their will. Hence their organization of kings, hereditary nobles, and priests. Still further to constrain the brute force of the people, they deem it necessary to keep them down by hard laboi', poverty, and ignorance, and to take from them, as from bees, so much of their earnings, as that unremitting labor shall be necessary to obtain a sufficient surplus barely to sustain a scanty and miserable life. And these earnings they apply to maintain their privileged orders in splen- dor and idleness, to fascinate the eyes of the people, and excite in them an humble adoration and submission, as to an order of supe- rior beings. Although few among us had gone all these lengths of oj)inion, yet many had advanced, some more, some less, on the way. And in the convention which formed our government, they endeav- ored to draw the cords of power as tight as they could obtain them, to lessen the dependence of the general functionaries on their con- stituents, to subject to them those of the States, and to weaken their means of maintaining the steady equilibrium which the majority of the convention liad deemed salutary for both branches, general and local. To recover, therefore, in practice, the powers which the na- tion had refused, and to warp to their own wishes those actually given, was the steady object of the federal party. Ours, on the con- trary, was to maintain the will of the majority of the convention, and of the people themselves. We believed, with them, that man OF THOMAS JEFFERSON. 507 was a rational animal, endowed Iv/ nature with rights, and with an innate sense of justice ; and that he could be restrained fiom wrong and protected in right, by moderate powers, confided to persons of his own choice, and held to their duties by dependence on his own will. We believed that the complicated organization of kings, np- bles, and priests, was not the wisest nor best to effect the happiness of associated man ; that wisdom and virtue were not hereditary ; that the trappings of such a machinery consumed, by their expense, tliose earnings of industry they were meant to protect, and, by the inequalities they produced, exposed liberty to sufferance. We be- Ueved that men, enjoying in ease and security the full fruits of their own industry, enlisted by all their interests on the side of law and order, habituated to think for themselves, and to follow their rea- son as their guide, would be more easily and safely governed, than with minds nourished in error, and vitiated and debased, as in Eu- rope, by ignorance, indigence, and oppression. The cherishment of the people then was our principle, the fear and distrust of them, that of the other part}'. Composed, as we v/ere, of the landed and laboring interests of the country, we could not be less anxious for a government of law and order than were the inhabitants of the cities, the stiong holds of federalism. And whether our efforts to save the principles and form of our constitution have not been salutary, let the present republican freedom, order, and prosperity of our coun- try determine. History may distort truth, and will distort it for a time, by the superior efforts at justification of those who are conscious of needing it most. Nor will tlie opening scenes of our present government be seen in their true aspect, until the letters of the day, now held in private hoards, shall be broken up and laid open to public view. What a treasure will be found in General Washing- ton's cabinet, when it shall pass into the hands of as candid a friend to truth as he was himself ! When no longer, hke Csesar's notes and memorandums in the hands of Anthony, ii shall be open to the high priests of federalism only, and garbled to say so much, jmd no more, as suits their views !" " The Hartford Convention, the victory of Orleans, the peace of Ghent, prostrated the name of federalism. Its votaries abandoned it through shame and mortification ; and now call themselves re- publicans. But the name alone is changed, the principles are the same. For in truth, the parties of Whig and Tory are those of na- ture. They exist in ail countries, whether called by these names, or by those of Aristocrats and Democrats, Cote Droite and Cote Gauche, Ultras and Radicals, Serviles and Liberals. The sickly, weakly, timid man, fqars the people, and is a tory by nature. The healthy, strong, and bold, cherishes them, and is formed a whig by , nature. On the eclipse of federalism with us, although not its ex- tinction, its leaders got up the Missouri question, under the false front of lessening the measure of slavery, but with the real view of 608 LIFE, WRITINGS, AND OPINIONS producing a geographical division of parties, which might insure them the next President. Tlie people of the north went bUndfold into the snare, followed their leaders for a while with a zeal truly moral and laudable, until they became sensible that they were in- juring instead of aiding the real interests of the slaves, that they had been used merely as tools for electioneering purposes ; and that trick of hypocrisy then fell as quickly as it had been got up. To that is now succeeding a distinction, which, like that of republican and federal, or whig and tory, being equally intermixed through ev- ery State, threatens none of those geographical schisms which go immediately to a separation. The line of division now is the pre- servation of State rights as reserved in the constitution, or by strain- ed constructions of that instrument, to merge all into a consolidated government. The tories are for strengthening the executive and General government ; the Avhigs cherish the representative branch, and the rights reserved by the States, as the bulwark against con- solidation, which must immediately generate monarchy." Sovereigns of Europe, — "When I observed, however, that the King of England was a cipher, I did not mean to confine the observa- tion to the mere individual now on that throne. The practice of Kings marrying only into the families of Kings, has been that of Eu- rope for some centuries. Now, take any race of animals, confine them in idleness and inaction, whether in a sty, a stable, or a state-room, pamper them with high diet, gratify all their sexual appetites, im- merse them in sensualities, nourish their passions, let every thing bend before them, and banish whatever might lead them to think, and in a few generations they become all body, and no mind : and this, too, by a law of nature, by that very law by which we are in the constant practice of changing the characters and propensities of the animals we raise for our own purposes. Such is the regimen in raising Kings, and in this way they have gone on for centuries. While in Europe, I often amused myself with contemplating the characters of the then reigning sovereigns of Europe. Louis the XVI. was a fool, of my owm knowledge, and in despite of the an- swers made for him at his trial. The King of Spain was a fool, and of Naples the same, They passed their lives in hunting, and despatched two couriers a week, one thousand miles, to let each oth- er know what game they had killed the preceding days. The King of Sardinia was a fool. All these were Bourbons. The Queen of Portugal, a Braganza, was an idiot by nature. And so was the King of Denmark. Their sons, as regents, exercised the powers of government. The King of Prussia, successor to the great Frederick, was a mere hog in body as well as in mind. Gustavus of Sweden, and Joseph of Austria, were really crazy, and George of England you know was in a straight waistcoat. There remain- ed, then, none but old Catharine, who had been too lately picked up to have lost her common sense. In this state Bonaparte found OF THOMAS JEFFERSON. 509- Europe ; and it was this state of its rulers wliich lost it with scarce a struggle. These animals had become without mind and power- less ; and so will every hereditary monarch be after a few genera- lions. Alexander, the grandson of Catherine, is as yet an excep- tion. He is able to hold his own. But he is only of the third gen- eration. His race is not yet worn out. And so endeth the book of Kings, from all of whom the Lord deliver us, and have you, my friend, and all such good men and true, in his holy keeping." Portraiture OF Washington. — "You say that in taking General Washington on your shoulders, to bear him harmless through the federal coalition, you encounter a perilous topic. I do not think so. You have given the genuine history of the course of his mind through the trying scenes in which it was engaged, and of the seductions by which it was deceived, but not depraved. I think I knew General Washington intimately and thoroughly ; and were I called on to delineate his character, it should be in terms like these. " His mind was great and powerful, without being of the very first order ; his penetration strong, though not so acute as that of a INewton, Bacon, or Locke ; and as far as he saw, no judgment was ever sounder. It was slow in operation, being little aided by inven- tion or imagination, but sure in conclusion. Hence the common remark of his officers, of the advantage he derived from councils of war, where, hearing all suggestions, he selected whatever was best ; an 1 certainly no General ever planned his battles more judiciously. But if deranged during the course of the action, if any member of his plan was dislocated by sudden circumstances, he was slow in a re-adjustment. The consequence was, that he often failed in the field, and rarely against an enemy in station, as at Boston and York. He was incapable of fear, meeting personal dangers with the calm est imconcern. Perhaps the strongest feature in his character was prudence, never acting until every circumstance, every considera- tion, was maturely weighed ; refraining if he saw a doubt, but, when once decided, going through with his purpose, whatever obstacles opposed. His integrity was most pure, his justice the most inflexi ble I have ever known, no motives of interest or consanguinity, of friendship or hatred, being able to bias his decision. He was, in- deed, in every sense of the words, a wise, a good, and a great man. His temper was naturally irritable and high-toned ; but re- flection and resolution had obtained a firm and habitual ascendancy over it. If ever, however, it broke its bonds, he was jnost tremen- dous in his wrath. In his expenses he was honorable, but exact ; liberal in contributions to whatever promised utility ; but frowning and unyielding on all visionary projects, and all unworthy calls on his charity. His heart was not warm in its aflfections ; but he ex- actly calculated every man's value, and gave him a solid esteem 44 olO LIFE, WRITINGS, AND OPINIONS pioportioned to it. His person, you know, was fine, his stature ex- actly what one would wish, his deportment easy, erect, and noble ; the best horseman of his age, and the most graceful figure thc\t could be seen on horseback. Although in the circle of his friends, where he might be unreserved with safety, he took a free share in conversation, his colloquial talents were not above mediocrity, pos- sessing neither copiousness of ideas, nor fluenc}'^ of words. In pub- lic, when called on for a sudden opinion, he was unready, short, and embarrassed. Yet he wrote readily, rather diff"usely, in an ea- sy and correct style. This he had acquired by conversation with the world, for his education was merely reading, writing, and com- mon arithmetic, to which he added surveying at a later day. His time was employed in action chiefly, reading little, and that only in agriculture and English history. His correspondence became ne- cessarily extensive, and, with journalizing his agricultural proceed- ings, occupied most of his leisure hours within doors. On the whole, his character was, in its mass, perfect, in nothing bad, in few points indifferent ; and it may truly be said, that never did na- ture and fortune combine more perfectly to make a man great, and to place him in the same constellation with whatever worthies have merited from man an everlasting remembrance. For his was the singular destiny and merit, of leading the armies of his countiy suc- cessfully through an arduous war, for the establishment of its inde- pendence ; of conducting its councils through the birth of a govern- ment, new in its forms and principles, until it had settled down into a quiet and orderly train ; and of scrupulously obeying the laws through the whole of his career, civil and military, of which the liistory of the world furnishes no other example. " How^, then, can it be perilous for you to take such a man on your shoulders ? I am satisfied the great body of repubhcans think of him as I do. We were, indeed, dissatisfied with him on his rati- fication of the British treaty. But this was short-lived. We knew his honesty, the wiles with which he was encompassed, and that age had already began to relax the firmness of his purposes ; and I am convinced he is more deeply seated in the love and gratitude of the republicans, than in the Pharisaical homage of the federal monar- chists. For he was no monarchist from preference of his judgment. The soundness of that gave him correct views of the rights of man, and his severe justice devoted him to them. He has often declared •to me that he considered our new constitution as an experiment on the practicability of republican government, and with what dose, of liberty man could be trusted for his own good ; that he was deter- mined the experiment should have a fair trial, and Avould lose the last drop of his blood in support of it. * * I felt on his death with my countrymen, that ' verily a great man hath fallen this day in Israel.' OF THOMAS JEFFERSON. 511 / Progressive improvement, popular rights. — " Some men look at constitutions with sanctimonious reverence, and deem thein, like the ark of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than hu- man, and suppose what they did to be beyond amendment. I knew that age v/eli: I belonged to it, and labored with it. It deserved well of its country. It was very hke the present, but without the experience of the present ; and forty years of experience in govern- ment is worth a century of book-reading : and this they would say themselves, were they to rise from the dead. I am certainly not an advocate for frequent and untried changes in laws and constitutions. I think moderate imperfections had better be borne with ; because, when once known, we accommodate ourselves to them, and find practical means of correcting their ill effects. But I know, also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more en- lightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitte.d him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors. ^ It is this preposterous idea which has lately deluged Europe in blood. Their monarchs, instead of wise- ly yielding to the giadual changes of circumstances, of favoring pro- gressive accommodation to progressive improvement, have clung to old abuses, entrenched themselves behind steady habits, and obliged their subjects to seek through blood and violence, rash and ruinous innovations, which, had they been referred to the peaceful deliber- ations and collected wisdom of the nation, would have been put into acceptable and salutary forms. Let us follow no such examples, nor weakly believe that one generation is not as capable as anoth- er of taking care of itself, and of ordering its own affairs. Let us, as our sister States have done, avail ourselves of our reason and ex- perience, to correct the crude essays of our first and unexperienced, although wise, virtuous, and well-meaning councils. And, lastly, let us provide in our constitution for its revision at stated periods. What these periods should be, nature herself indicates. By the Eu- ropean tables of mortality, of the adults living at any one moment of time, a majority will be dead in about nineteen years. At the end of that period, then, a new majority is come into place ; or, in other words, a new generation. Each generation is as independent of the one preceding, as that was of all which had gone before. It has, then, like them, a right to choose for itself the form of govern- ment it believes most promotive of its own happiness ; consequent- ly, to accommodate to the circumstances in which it finds itself, that received from its predecessors : and it is for the peace and good of mankind, that a solemn opportunity of doing this every nineteen 512 LIFE, WRITINGS, AND OPINIONS or twenty years, should be provided by the constitution ; so that it may be handed on, with periodical repair^«. from generation to gen- eration, to the end of time, if any thing human can so long endure. It is now forty years since the constitution of Virginia was formed. The same tables inform us, that, within that period, two thirds of the adults then living are now dead. Have then the remaining third, even if they had the wish, the right to hold in obedience to their will, and to laws heretofore made by them, the other two thirds, who, with themselves, compose the present mass of adults ? If they have not, who has? The dead 'I But the dead have no rights. They are nothing ; and nothing cannot own something. Where there is no substance, there can be no accident. This cor- poreal globe, and every thing upon it, belong to its present corpore- al inhabitants, during their generation. They alone have a right to direct what is the concern of themselves alone, and to declare the law of that diiection : and this declaration can only be made by their majority. That majority, then, has a right to depute repre- sentatives to a convention, and to make the constitution what they think will be best for themselves. * * If this avenue be shut to the call of sufferance, it will make itself heard through that of force, and we shall go on, as other nations are doing, in the endless circle of oppression, rebellion, reformation; and oppression, rebellion, re- formation, again ; and so on, for ever." Missouri question. — " I had for a long time ceased to read newspapers, or pay any attention to public affairs, confident they were in good hands, and content to be a passenger in our bark to the shore from which I am not distant. But this momentous ques- tion, hke a fire-bell in the night, awakened and filled me with ter- ror. I considered it at once as the kn^ll of the Union. It is hush- ed, indeed, for the moment. But this is a reprieve only, not a final sentence. A geographical line, coinciding with a marked principle, moral and pohtical, once conceived and held up to the angry pas- sions of men, will never be obliterated ; and every new irration will mark it deeper and deeper. I can say, with conscious trutli, that there is not a man on earth who would sacrifice more than 1 would to relieve us from this heavy reproach, in any jnacticahle way. The cession of that kind of property (for so it is misnamed) is a bag- atelle which would not cost me a second thought, if, in that way, a general emancipation and expatriation could be effected : and, gradually, and with due sacrifices, I think it might be. But as it is, we have the wolf by the ears, and we can neither hold him, nor safely let him go. Justice is in one scale, and self-preservation in the other. Of one thing I am certain, that as the passage of slaves from one State to another, would not make a slave of a single human being who would not be so without it, so their diffusion over a great - er surface would make them individually happier, and proportion- ally facilitate the accomplishment of their emancipation, by divid- L^ h h-^^-^ /ii, -5.*^ A^v q ^^ A^ OF THOMAS JEFFERSON-. 513 itig the burthen on a greater number of coadjutors. An abstinence, too, froai this act of power, would reniov^e the jealousy excited by the undertaking of Congress to regulate the condition of the differ- ent descriptions of men composing a State. This certainly is the exclusive right of every State, which nothing in the constitution has taken from them, and given to the General government. Could Congress, for example, say, that the non-freemen of Connec- ticut shall be freemen, or that they shall not emigrate into any oth- er State? " I regret that I am now to die in the belief, that the useless sac- rifice of themselves by the generation of 1776, to acquire self-gov- ernment and happiness to their country, is to be thrown away by the unwise and unworthy passions of their sons, and that my only con- solation is to be, that I live not to weep over it. If they would but dispassionately weigh the blessings they will throw away, against an abstract principle more likely to be effected by union than by scission, they wouk^ pause before they would perpetrate this act of suicide on themselves, and of treason against the hopes of the world. To yourself, as the faithful advocate of the Union, I tender the of- fering of my high esteem and respect." On the existence of a Supreme Being. — " I think that ev- ery Christian sect gives a great handle to atheism by their general dogma, that, without a revelation, there would not be sufficient proof of the being of a God. Now one sixth of mankind only are sup- posed to be Christians : the other five sixths then, who do not be- lieve in the Jewish and Christian revelation, are without a knowl- edge of the existence of a God ! This gives completely a gain de cause to the disciples of Ocellus, Timaeus, Spinosa, Diderot, and D'Holbach. The argument which they rest on as triumphant and unanswerable is, that in every hypothesis of cosmogony, you must admit an eternal pre-existence of something ; and according to the rule of sound philosophy, you are never to employ two principles to solve a difficulty when one will suffice. They say then, that it is more "simple to believe at once in the eternal preexistence of the world, as it is now going on, and may for ever go on by the princi- ple of reproduction which we see and witness, than to believe in the eternal pre-existence of an ulterior cause, or creator of the world, a being whom we see not and know not, of whose form, substance, and mode, or place of existence, or of action, no sense informs us, no power of the mind enables us to delineate or comprehend. Or; the contrary, I hold (without appeal to revelation,) that when we take a view of the universe, in its parts, general or particular, it is impossible for the human mind not to perceive and feel a conviction of design, consummate skill, and indefinite power in every atom of its composition. The movements of the heavenly bodies, so exact- ly held in their course by the balance of centrifugal and centripetal 44* 514 LIFE, WRITiNGS, AND OPtNIONS foiceg ; the structine of our eailh itself, with its distribution of lands^ waters, and atmospheie ; animal and vegetable bodies, examined in all their minutest particles ; insects, mere atoms of life, yet as per- fectly organized as man or mammoth ; the mineral substances, their generation and uses ; it is impossible, I say, for the human mind not to believe, that there is in all this, design, cause, and effect, up to an ultimate cause, a fabricator of all things from matter and motion, their preserver and regulator while permitted to exist in their present forms, and their regenerator into new and other forms.. We see, too, evident proofs of the necessity of a superintending pow- er, to maintain the universe in its course and order. Starfe, well known, have disappeared, new ones have come into view ; comets, in their incalculable courses, nmy run foul of suns and planets, and require renovation under other laws ; certain races of animals are become extinct; and were there no restoring power, all existences might extinguish successively, one by one, until all should be redu- ced to a shapeless chaos. So irresistible are these evidences of an intelligent and powerful agent, that, of the infinite numbers of men who have existed through all time, they have believed, in the pro- portion of a million at least to a unit, in the hypothesis of an eternal pre-existence of a creator, rather than in that of a self-existent uni- verse. Surely this unanimous sentiment renders this more proba- ble, than that of the few in the other hypothesis. Some early- Christians, indeed, have believed in the co-eternal pre-existence of both the creator and the world, without changing their relation of cause and effect."' Religious. — " The result of ji^our fifty or sixty years of reli- gious reading in the four words, ' Be just and good,' is tliat in which all our inquiries must end ; as the riddles of all the priesthoods end in four more, ' Ubi panis, ihi deus.'' What all agree in, is probably right, what no two agiee in, most probably wrong. One of our fan-coloring biographers, who paints small men as verygreat^ inquired of me lately, with teal affection too, whether he might con- sider as aulhentic, the change in my religion much spoken of in .some circles. Now this supposed that they knew what had been my religion before, taking for it the word of their priests, whom I certainly never made the c^nlidanti! of my creed. My answer was, ' Say nothing of my religion. It is known to my God and myself alone. Its evidence before the world is to be sought in my life ; if that has been koiiest and duiijul to society., the religion which has regulated it cannot be a bad one.' " Your recommandations are alv-'ays welcome, for, indeed, the subjects of them always merit that welcome, and some of them in an extraordinary degree. They make us acquainted with what there is excellent in our ancient sister State of Massachusitts, once venerated and beloved, and still hanging on our hopes, for what need OF THOMAS JEFFERSON. 515 we despair of after the resurreclion of Coanecticut to light and lib- erality. I ha 1 believed that the last retreat of inonkish darkness, bigotry, and abhorrence of those advances of the mind which had carried the other States a century ahead of them. They seemed still to bs exactly where their fori^fathers were when they schisma- lized from the covenant of works and to consider as dangerous her- esies all innovations good or bad. [join you, therefore, in sincere congratulations that this den of the priesthood is at length broken up, and that a Protestant Popedom is no longer to disgrace the American history and character. If by religion, we are to under- stand sectarian dogmas, in which no two of them agree, then your exclamation on that hypothesis is just, ' that this w^uld be the best of all possible worlds, if there were no religion in it.' But if the moral precepts, innate in man, and made a part of his physi- cal constitution, as necessary for a social being, if the subhme doc- trines of philanthropism and deism taught us by Jesus of Nazareth, in which all agree, constitute true religion, then, without it, this would be, as you again say, ' something not fit to be named, even indeed, a hell.' " I believe that he who observes the moral precepts, in which all religions concur, will never be questioned at the gates of heaven, as to the dogmas in which all diflisr ; that, on entering there, the Aris- tides and Catos, the Penns and Tillotsons, Presbyterians and Bap- tists, will find themselves united in all the principles which are in concert with the Supreme mind. Of all the systems of morahty, an- cient and modern, which have come under my observation, none appears to me as pure as that of Jesus." On the loss of friends. — When you and I look back on the country ovei which we have passed, what a field of slaughter does it exhibit. Where are all the friends who entered it with us, under all the inspiring energies of health and hope? As if pursued by the havoc of war, they are strewed by the way, some earher, some later, and scarce a few stragglers remain to count the numbers fallen, and to mark yet, by their own fall, the last footsteps of their party. Is it , a desirable thing to bear up through the heat of the action to witness the death of all our companions, and merely be the last victim? I doubt it. We have, however, the traveller's consolation. Every step shortens the distance we have to go ; the end of our journey is in sight, the bed wherein we are to rest, and to rise in the midst of the friends we have lost. ' We sorrow not, then, as others who have no hope' ; but look forward to the day which 'joins us to the great majority.' But whatever is to be our destiny, wisdoin, as well as du- ty, dictates that we should acquiesce in the will of Him whose it is to give and take away, and be contented in the enjoyment of those who are still permitted to be with us. Of those connected by blood, the number dees not de|;end on us. But friends we have, if we have 510 LIFE, WRITINGS, AN'D OPINIONS merited them. Those of our earhest years stand nearest in our af- ipctions. But in this too, you and I have been unluck}'. Of our college friends (and they are the dearest) how few have stood with us in the great pohtical questions which have agitated our country ; and these were of a nature to justify agitation. I did not believe the Lilliputian fetters of that day strong enough to have bound so many."- Advice on the studies of young men. — ''Moral Pliiloso- phy- I think it lost time to attend lectures on this branch. He who made us would have been a pitiful bungler, if he had made the rules of our moral conduct a matter of science. For one man of science, there are thousands who are not. What would have become of them ? Man was destined for society. His morality, therefore, was to be formed to this object.' He was endowed with a sense of right and wrong, merely relative to this. This sense is as much a part of his nature, as the sense of hearing, seeing, feel- ing ; it is the true foundation of morality, and not the to kalou, truth, &c., as fanciful writers have imagined. The moral sense, or con- science, is as much a part of man, as his leg or arm. It is given to all human beings, in a stronger or weaker degree, as force of members is given them in a greater or less degree. It may be strengthened by exercise, as may any particular limb of the body. This sense is submitted, indeed, in some degree, to the guidance of reason ; but it is a small stock which is required for this ; even a less one than what we call common sense. State a moral case to a ploughman and a professor. The former will decide it as well, and often better than the latter, because he has not been led astra\ by ,^rtificial rules. In this branch, therefore, read good books, be- cause they will encourage, as well as direct your feelings. The writings of Sterne, particularly, form the best course of morality that ever was written. Besides these, read the books mentioned in the enclosed paper : and, above all things, lose no occasion of ex- ercising your dispositions to be grateful, to be generous, to be char- itable, to be humane, to be true, just, firm, orderly, courageous, ifec. Consider every act of this kind, as an exercise which will strength- en your moral faculties, and increase your v/orth. "Religion. Your reason is now mature enough to examine this object. In the first place, divest yourself of all bias in favor of novelty and singularity of opinion. Indulge them in any other subject rather than that of religion. It is too important, and the consequences of error may be too serious. On the other hand, shake off all the fears and servile prejudices, under which weak minds are servilely crouched. Fix reason firmly in her seat, and call to her tribunal every fact, every opinion. Question with bold- 1 ness even the existence of a God ; because, if there be one, he must v] more approve the lioitiage of reason, than that of blindfolded fear. \ * * Do not be frightened from this inquiry by any fear of its ■ V OF THOMAS JEFFERSON. 5lT consequences. If it ends in a belief that there is no God, you will find incitements to virtue in the comfort and pleasantness you feel in its exercise, and the love of others which it will procure you. If you find reason to believe there is a God, a consciousness that you are acting under his eye, and that he approves you, will be a vast ndditional incitement : if that there be a future state, the hope of a happy existence in that, increases the appetite to deserve it : if that Jesus was also a God, you will be comforted by a belief of his aid and love. In fine, I repeat, you must lay aside all prejudice on both sides, and neither believe nor reject any thing, because any other person, or description of persons, have rejected or believed it. Your own reason is the oracle given you by Heaven, and you are answerable not for the rightness, but uprightness of the decision. I forgot to observe, when speaking of the New Testament, that you should read all the histories of Christ, as well of those whom a council of ecclesiastics have decided for us to be Pseudo-evangel- ists, as those they named Evangelists. Because these Pseudo- evangelists pretended to inspiration as much as the others, and you are to judge their pretensions by your own leason, and not by the reason of those ecclesiastics. Most of these are lost. There are some, however, still extant, collected by Fabricus, which I Avill en- deavor to get and send you. '• Travelling. This makes men wiser, but less happy. When men of sober age travel, they gather knowledge, which they may apply usefully for their country ; but they are subject ever after to recollections mixed with regret ; their affections are weakened by being extended over more objects ;. and they learn new habits, which cannot be gratified when they return home. Young men \^o travel are exposed to all these inconveniences in a higher degree, to others still more serious, and do not acquire that wisdom for wdiich a previous foundation is requisite, by repeated and just observations at home. The glare of pomp and pleasure is analogous to the mo- tion of the blood ; it absorbs all their affection and attention ; they are torn from it as from the only good in this world, and return to their home as to a place of exile and condemnation. Their eyes are forever turned back to the object they have lost, and its re- collection poisons the residue of their lives, l^heir first and most delicate passions are hackneyed on unw^orthy objects here, and they carry home the dregs, insufficient to make themselves or any body else happy. Add to this, that a liabit of idleness, an inabihty to ap- ply themselves to business is acqiuredJ^iTcTrenoers them useless to themselves and their country. ' These observations are founded in experience. There is no place where your pursuit of knowledge will be so little obstructed by foreign objects, as in your own country, nor any, wherein the virtues of the heart will be less exposed to be weakened. Be good, be learned, and be industrious, and you will not want tha aid ol travelling, to render you precious to your coun- 518 LIFE, WRITINGS; AND OPINIONS try, dear to your iViends, liappy within youiself. I repeat my ad- vice, to take a great deal of exercise and on foot. Health is the first requisite after morality."* Rules for the regulation of moral conduct. — "This letter will, to you, be as one from the dead. The writer will be in the grave before you can vreigh its councils. Your affectionate and excellent father has Vequestcd tha.t I would address to you something which might possibly have a favorable influence on the course of life you have to run, and I too, as a namesake, feel an interest in that course. Few words will be necessary, with good dispositions on your part. Adore God. Reverence and cherish your parents. Love your neighbor as yourself, and your country more than yourself. . Be just. Be true. Murmer not at the ways of Providence. So shall the life, into which you have entered, be the portal to one of eternal and ineffable bliss. And if to the dead it is permitted to take care for the things of this Avorld, every action of your life will be under my regard. Farewell."! " The Portrait of a Good Man, by the most sublime of Poets, for your iimtation. Lor.x>, who's the happy man that may to thy blest courts repair. Not strangor like to visit them, but to inhabit there '' 'Tis he, whose every thought and deed by rules of virtue moves ; Whose generous tongue disdains to speak the thing his heart disproves. Who never did a slander forge, his neighhor's fame to wound ; Nor hearken to a false report, by malice whispered round. Who vice, in all its pomp and power, can treat with just neglect; And piety, though clothed in rags, rcl'giously respect. Who to his plighted vows and trust lias ever fimly stood ; And though he promise to his loss, he makes his promise good. • Whose soul in usury disdains his treasure to employ ; Whom no rewards can ever bribe the guiltless to destroy. The man, who, by his steady course, has happiness insured, Wlien earth's foundations shake, shall stand, by Providence secured." " .4 Decalogue of Canons for observation in practical life. 1. Never put off till to-morrow what you can do to-day. 2. Never trouble another for w^hat you can do yourself. 3. Never spend your money before you can have it. 4. Never buy what you do not want, because it is cheap : it will be dear to you. 5. Pride costs us more than hunger, thirst and cold. 6. We never repent of having eaten too little. 7. Nothing is troublesome that we do willingly. 8. How much pain have cost us the evils which have never hap- pened. 9. Take things always by their smooth handle. 10. When angry, count ten 'before you speak; if very angry, an hundred." * Addressed to Peter Carr. t To T. Jefferson Smith. OF THOMAS JEFFERSON. 510 Habits of living. — " Yoiu- letter came to hand on the 1st in- stant ; and the request of tlie history of ray physical habits would have puzzled me not a little, had it not been for the model with which you accompanied it, of Doctor Rush's answer to a simila.r inquiry. I live so much like other people, that I might refer to or- dinary life as the history of my own. Like my friend the Doctor, I have lived temperately, eating Uttle animal food, and that not as an aliment, so much as a condiment for the vegetables, which con- stitute my principal diet. I double, however, the Doctor's glass and a half of wine, and even treble it with a friend ; but halve its ef- fect by drinking the weak wines only. The ardent wines I can- not drink, nor do I use ardent spirits irt any form. Malt liquors and cider are my table drinks, and my breakfast, like that also of my friend, is of tea and coffee. I have been blest with organs of digestion, which accept and concoct, without ever nurrmuring, whatever the palate chooses to consign to them, and I have not yet lost a tooth by age. I v.^as a hard student until I entered on the business of life, the duties of which leave no idle time to those dis- posed to fulfil them ; and now, retired, and at the age of seventy- six, I am again a hard student. Indeed my fondess for reading and study revolts me from the drudgery of letter-writing. And a stiff wrist, the consequence of an early dislocation, makes writing Ijoth slow and painful. I am not so tegular in my sleep as the Doctor says he was, devoting to it from five to eight hours, accord- ing as my company or the book I, am reading interests me ; and I never go to bed without an hour, or a half hour's previous reading of something moral, whereon to ruminate in the intervals of sleep. But whether I retire to bed early or late, I rise Avith the sun. I use spectacles at night, but not necessarily in the day, unless in reading small print. My hearing is distinct in particular conver- sation, but confused when several voices cross each other, which unfits me for the society of the table. I have been more fortunate than my friend in the article of health. So free from catarrhs that I have not had one (in the breast, I mean) on an average of eight or ten years through life. I ascribe this exemption partly to the habit of bathing my feet in cold water every morning for sixty years past. A fever of more than twenty-four hours I have not had above two or three times in my life. A periodical headache has afflicted me occasionally, once, perhaps, in six or eight years, for two or three weeks at a time, which seems now to have left me ; and, except on a late occasion of indisposition, I enjoy good health ; too feeble, indeed, to walk much, but riding without fa- tigue six or eight miles a day, and sometimes thirty or forty. I may end these egotisms, therefore, as I began, by saying that my hfe has been so much -ko that of other people, that I might say with Horace, to everv one. ^Nomine mutato, 7iarratur fahula de ie: 520 LIFE, WRITINGS, AND OPINIONS The limits to vvhicli we are confined, arc a warning against an extension of the interesting catalogue, or it might be pursued indefi- nitely, and with unvarying gratification. The cabinet of the illus- trious recluse, besides exhibiting a faithful portrait of himself, con- tains the sublimated wisdom of a long life of wonderful experience and opportunities, accumulated by a mind eminently original and contemplative ; and opens an inexhaustible store of materials for the Historian, the Philosoj)her, the Moralist, Patriot, Philanthropist, and Statesman. His course of life, while in retirement, was filled with untiring activity, and unrestrainedly indulged in those occupa- tions, which were the master passions of every portion of it, read- ing, science, correspondence, the cultivation of his farm, the endear ments of family, and delights of social intercourse. He carried in- to his retirement the same neatness and severity of system, which had enabled him to surmount with ease the greatest complication of duties in public hfe. He rose with the sun. From that time to breakfast, and often until noon, he was in his cabinet, chiefly em- ployed in epistolary correspondence. From breakfast, or noon at latest, to dinner, he was engaged in his work-shops, his garden, or on horseback, among his farms. From dinner to dark, he gave to society and recreation with his neighbors and friends ; and from candle-light to bed-time, he devoted himself to reading and study. /Gradually, as he grew older, he became seized with a canine appe- tite for reading, as he termed it, and he indulged it freely, as prom- ising a relief against the tedium senectutis, a ' lamp to lighten his path through tlie dreary wilderness of time before him, whose bourne he saw not.' His reading was of the most substantial kind, chiefly historical and classical; his studies, philosophical and math- ematical. Thucydides, Tacitus, Horace, Newton, and Euclid, were his constant companions. When young, mathematics was the pas- sion of his life. The same passion returned upon him, in his old . age, but probably with unequal powers. ' Processes, he complain- ed, which he could then read off with the facility of common dis- course, now cost him labor and time, and slow investigation.' Yet no one but himself was sensible of any decay in his intellectual energies. He possessed an uncommon health, with a constitutional buoyancy unbroken, and improved by the salubrity of his mount- ain residence ; and his strength, which was yielding under the weight of years, w^as considerably re-inforced by the activity of the OF THOMAS JEFFERSON. 521 the course he pursued. " I talk of ploughs and harrows," he wrote to a friend, " of seeding and harvesting, with m)^ neighbors, and of politics too, if they choose, with as little reserve as the rest of my fellow citizens, and feel, at length, the blessing of being free to say and do what I please, without being responsible for it to any mor- tal." A part of his occupation, and one in which he took great de- hght, was the direction of the studies of young men ; multitudes of whom resorted to him, as to an Oracle, to imbibe the inspirations of his councils, and listen to the incantations of his genius. They lo- cated themselves in the neighboring village of Charlottesville, where they v/ere invited to a free access to his hbrary, enjoyed the benefit of his counsel, participated of his cordial hospitality, and made an interesting part of his daily society. " In advising the course of their reading" said he, " I endeavor to keep their attention fixed on the main objects of all science, the freedom and happiness of man. So that coming to bear a share in the councils and government of their country, they will keen, ever in view the sole objects of all le- gitimate government."' * • ' / The agricultural operations of Mr. Jefferson were conducted upon an extensive scale, and consequently engaged a great share of his attention, by no means the least pleasantly. The domains at Mon- ticello, including the adjoining estateSj'contained about eleven thou- sand acres, of which about fifteen hundred were cleared. In addi- tion to this, he owned a large estate in Bedford county, by right of his wife, from which he raised annually about 40,000 weight of to- bacco, and grain sufficient to maintain the plantation. He visited this estate, about seventy miles distant, once every 5'ear, which kepi him from home six or seven weeks at a time. He had about two hundred negroes on his farms, who required a constant superinten- dance ; more especially, under the peculiar system of agriculture pursued by Mr. Jefferson, of which some notice has. heretofore been taken. But his choicest labors, in this department, were bestowed on that delightful and beloved spot, where all his labors were to end, as they had been begun. He had reclaimed its awful rugged - ness, when a very young man, and of its wilderness made a gar- den ; and now, in his old age, he returned, with all the enthusiosni of his early efforts, to the further development and improvemeiU of the natural beauties of a site, whose bold and gigantic features, whose far-reaching prospects, whose tranquil and immovable brow 45 522 LIFE, WRITINGS, AND OPINIONS amidst the agitations of the storm below, were eminently in unison with the elements of his character. A more particular description of this celebrated seat may not be unedifying to the majority of read- ers. MoNTicELLo is derived from the Italian, and announces the owner's attachment, at once, to that beautiful language, and to the fine arts, of which Italy is both the cradle, and the favorite abode. It signifies 'little mountain,' — modest title for a bold and isolated em- inence, wliich rises six hundred feet above the suirounding country, and commands one of the most extensive and variegated prospects in the world. The base of the mountain, which is washed by the Ravanna, exceeds a mile in diameter ; and its sides are encompass- ed by four parallel roads, sweeping round it at equal distances, and so connected with each other by easy ascents, as to afford, when com- pleted, a level carriage-way of almost seven miles. The whole mountain, with the exception of the summit, is covered with a dense and lofty forest. On the top is an elliptic plain, of about ten acres, formed by the hand of art cutting down the apex of the mountain ; and, in its richly cultivated aspect, contrasting powerfully with the unreclaimed and wild magnificence of the subjacent world. This extensive artificial level is laid out in a beautiful lawn, broken only by lofty weeping willows, poplars, acacias, catalpas and other trees of foreign growth, distributed at such distances, as not to obstruct the view from the centre in any direction. On the West, stretching away to the North and the South, the. prospect is bounded only by the Alleganies, — a hundred miles distant in some parts, — overreach- ing all the intervening mountains, commanding a view of the Blue Ridge for a hundred and fifty miles, and looking down upon an en- chanting landscape, broad as the eye can compass, of intermingling villages and deserts, forest and cultivation, mountains, vallies, rocks and rivers. On the East is a literal immensity of prospect, bound- ed only by the rotundity of the Earth, in which ' nature seems to sleep in eternal repose, as if to form one of her finest contrasts with the rude and rolling grandeur on the West.' From this grand point, bringing under the eye a most magnificent panorama, are overlook- ed, hke pigmies, all the neighboring mountains as far as the Chesa- peake ; and the Atlantic itself might be seen were it not for the greatness of the distance. Hence it was, that the youthful philoso- pher, before the Revolution, was wont to scrutinize the motions of OF THOMAS JEFFERSON. 523 the planets, with the mightier revohitjons of the celestial sphei'e ; and to witness that phenomenon so interestingly described in his Notes on Virginia, as among the subliniest of Nature's operations, the looming of the distant momitains. From this elevated seat he was wont to enjoy those scenes to which he reverted with so much fond- ness and enthusiasm, while in France : "And our own dear Mon- ticello ; where has nature spread so rich a mantle under the eye ? — mountains, forests, rocks, rivers. With what majesty do we there ride above the storms ! How sublime to look down into the Avork-house of Nature, to see her clouds, hail, snow, rain, thunder, all fabricated at our feet ! and the glorious sun when rising as if out of a distant water, just gilding the tops of the mountains, and giving life to all nature." From this proud summit, too, ' the Patri- ot,' in the language of a visiter, 'could look down, with uninterrupt- ed vision, upon the wide expanse of the world around, for which he considered himself born ; and upward, to the open and vaulted heavens which he seemed to approach, as if to keep him continual- ly in mind of his high responsibility. It is indeed a prospect in which you -see and feel, at once, that nothing mean or little could live. It is a scene fit to nourish those great and high-souled princi- ples which formed the elements of his character, and was a most noble and appropriate post for such a sentinel over the rights &.nd liberties of man.' v' In the centre of the summit of this chosen eminence, rose the magnificent Mansion of the secluded Patriarch. It was erected and • furnished in the days of his affluence ; and was such an one, in all respects, as comported with the character and fortune of the man. The main structure is one hundred feet in length, hom east to west. and above sixty in depth, from north to south, presenting a front in every direction. The basement story is raised five or six feet above the ground, from which springs the principal story, above twenty feet in height, whereon rests an attic of about eight feet. The whole is surmoimted by a lofty dome, of twenty eight feet in diam- eter, rising from the centre of the building. The principal front faces the east, and is adorned with a noble portico, ballancing a corresponding one on the west. The north and south fronts pre- sent arcades, or piazzas, under which are cool recesses that open in both cases on a floored terrace, projecting a hundred feet in a straight line, and tljen another hundred feet at right angles, until 524 LIFE, WRITINGS, A]^D OPINIOKS teriiiinated by pavilions of two stones high. Under the whole length of these terraces is a range of one story buildings, in which are the offices requisite for dontfestic purposes, and the lodgings of the household servants. The external of the structuie is finish- ed in the Doric order complete, with balustrades on the top of it; the internal, contains specimens of all the diflerent orders, except the composite which is not introduced. The hall is in the Ionic, the dining room in the Doric, the parlor in the Corinthian, and the dome in the Attic. Improvements and additions, both useful and ornamental, were continually going on, as they were suggested by the taste and ingenuity of the owner. Indeed, the whole building had been almost in a constant state of re edification, from its ante- revolutionary form, wdiich was highly finished, to the present time ; "and so I hope it will remain during my life," said he to a visiter, "as architecture is my dehght, and putting up, and pulling downj one of my favorite amusements." > ♦ On the declivities of the mountain are arranged the dwellings of artificers and mechanics of every description, and their work shops ; for it was the study of the illustrious proprietor to make himself per- fectly independent. He had his carpenter's shop, his blacksmith's shop, cabinet shop, &c. &c. with a complete suit of manufactories for cottons and woollens, grain mills, sawing mills, and a nail facto- ry conducted by boys. His' carriage was made by his own work- men, as were also many articles of his fine furniture. The fabrica- tion with his own hands of curious implements and models, was one of his favorite amusements. On entering the Mansion by the east front, the visiter is ushered into a spacious and lofty hall, Avhose hangings announce at once the character land ruling passions of the man. On the right, on the left, and around, his eye is struck with objects of science and taste, whose arrangement is so curious and admirable as to produce a dra- matic effect. On one side are specimens of sculpture, in the form of statues and busts, disposed in such order, as to exhibit at a coup d'ceil, the historical progress of the art ; from the first rude attempts of the aborigines of our country, to the most finished models of Eu- ropean masters, particularly a bust of the great Patriot himself, from the hand of Caracci. Among others are noticed the bust of a male and female sitting in the Indian position, supposed to be very ancient, having been ploughed up in Tennessee; a full length OF THOMAS JEFFERSON. 525 figure of Cleopatra, in a reclining position, after she had applied the asp ; the busts of Voltaire and Turgot, in plaister. His own bust stands on a truncated column, on the pedestal of which are repre- sented the twelve tribes of Israel, and the twelve signs ol the Zodiac. On the other side are displayed a vast collection of specimens of In- dian art, their paintings, engravings, weapons, ornaments, manu- factures, statues, and idols ; and on another, a profusion of natural curiosities, prodigies of ancient art, fossil productions of every de- scription, mineral and animal, &c. (fcc. Among others are particu- larly noticed a perfect model of the great pyramid of Egypt ; the upper and lower jaw bones and tusks of the mammoth, advanta- geously contrasted with those of an elephant along side of them. From the hall the visitor enters a spacious saloon, through im- mense folding doors, whose portals seem indicative of the disposition of the master. In this apartment, the walls are covered with the modern productions of the pencil, of the finest workmanship ; histor- ical paintings of the most striking subjects from all countries, and all ages ; scriptural paintings, among which are the Ascension, the Holy Family, the Scourging of Christ, and the Crucifixion, by their respective masters ; the portraits of distinguished characters, both of Europe and America ; with engravings, coins, and medal- lions in endless profusion, — all so blended with the singular ele- gance and variety of the furniture of the room, as to produce an enchanting effect. Here, and in the other rooms, are the portraits of Bacon, Newton, and Locke, his 'trinity of the three greatest meri the world had ever produced ;' of Columbus, Vespucius, Cor- tez, Magellan, Raleigh ; of Franklin, Washington, ha, Fayette, Adams, Madison, Rittenhouse, Paine, and many other remarkable men. Here, too, are the busts of Alexander and Napoleon, plac- ed/on pedestals, each side of the door of entrance. » The whole of the southern wing is occupied by the Library, Cab- inet, and chamber of Mr. Jefferson. The library is divided into three apartments, opening into each other, the walls of which are covered with books and maps. It contained, at one time, the great- est private collection of books ever known in the United States, and incomparably the most valuable, from the multitude of rare works, and the general superiority of the editions. He had been fifty years enriching and perfecting his assortment, omitting no pains, opportunities, or expense. While in Paris he devoted every after- 45* 526 LIFE, WRITINGS, AND OPINIONS noon he was disengaged, for a summer or two, in examining the principal bookstores, and putting by every thing which related to America, with whatever was valuable in the sciences. Besides this he had standing orders, during the M^iole time he was in Europe, in its principal bookmarts, for all such works as could not be found in Palis. After the conflagration of Washington in the last war, and the destruction of the library, he sold about ten thousand vol- umes to the government, "to replace the devastations of British vandalism," as he indignantly characterised the licentious transac- tion. Confiding in the honor of Congress, he made a tender of them to the government, at their own price. The consequence was, that he obtained but about twenty four thousand dollars for what was worth more than three times that sum, at the London pri- ces. In his cabinet, he is surrounded with several hundred of his favorite authors, lying near at hand, with every accommodation and luxury which ease or taste could require. This apartment opened into a green-house, filled with a collection of the most rare plants ; and he was seldom without some geranium or other plant beside liim. Connected with his study were extensive apparatuses for mathematical, philosophical, and optical purposes. It was suppos- ed there was no private gentleman in the world in possession of so perfect and complete a scientific, useful, and ornamental collection as Mr. Jeflerson. i- Such is an imperfect representation of a patriarchal Seat and appendages, whose just celebrity has attracted the wayfarer of every land, and left him in wonder on retiring from it. But who shall describe its great architect and occupant ? No one surely, who has not met in person his outstretched hand, and felt the warm and eiager welcome of his grasp, and thrilled at the intonations of his me- lodious voice, and gazed upon the mellow enthusiasm of his counte- nance, waving with the light of a boundless benevolence, and the chaste corruscations of a mighty, refined, and well-ballanced in- tellect. Let this dehcate duty, therefore, be discharged by adopting the record of a distinguished guest, whose genius had been touched by the influence of his presence : " While the visiter was yet lost in the contemplation of these treasures of the arts and sciences, he was startled by the approach of a strong and sprightly step, and turning with instinctive rever- ence to the door of entrance, he was met by tlie tall, and animated, OP THOMAS JEFFERSON. 527 and stately figure of the patriot himself — his countenance beaming with intelligence and benignity, and his outstretched hand, with its strong and cordial pressure, confirming the courteous welcome of his lips. And then came that charm of manner and conversation that passes all description — so cheerful — so unassuming — so free, and easy, and frank, and kind, and gay — that even the young, and overawed, and embarrassed visitw at once forgot his fears, and felt himself by the side of an old and familiar friend. There was no effort, no ambition in the conversation of the philosopher. It was as simple and unpretending as nature itself And while in this easy manner he was pouring out instruction, like light from an inex- haustible solar fountain, he seemed continually to be asking, instead of giving information. The visiter felt himself hfted by the con- tact, into a new and nobler region of thought, and became surprised at his own buoyancy and vigor. He could not, indeed, help being astounded, now and then, at those transcendant leaps of the mind, which he saw made without the slightest exertion, and the ease with which this wonderful man played with subjects which he had been in the habit of considering among the argumenta crncis of the in- tellect. And then there seemed to be no end to his knowledge. He was a thorough master of every subject that was touched. From the details of the humblest mechanic art, up to the highest summit of science, he was perfectly at his ease, and every where at home. There seemed to be no longer any terra incognita of the human understanding : for, what the visiter had thought so, he now found reduced to a familiar garden walk ; and all this carried off so lightly, so playfully, so gracefully, so engagingly, that he won every heart that approached him, as certainly as he astonished every mind." Although reposing in the bosom of his native mountains, and happy in the indulgence of those pursuits and enjoyments, from which nothing but revolutionary duties would ever have separated liim, his remote seclusion did not shield him from those annoyan- ces, which are inseparable from great and virtuous jenown. He was persecuted with a perpetual deluge of letters, of which every mail brought a fresh accumulation ; not those from his intimate ■ friends, with whom he deUghted to interchange sentiments, but from strangers and others, " who" as he said " oppressed him, in the most friendly dispositions, with their concerns, their pursuits, their 528 LIFE, WRITINGS, AND OPINIONS projects, inventions, and speculations, political, moral,* religious, me- chanical, mathematical, historical, &c. &c." This drew upon him a burden, which formed a great obstacle to the delights of retire- ment ; for it was a sacred rule with Mr. Jefferson, never to omit an- swering any respectful letter received by him, however obscure the individual, or insignificant the object. Happening, on one occasion, to turn to his letter-list, his curiosity was excited to ascertain the number received in the course of a single year ; and on counting, it appeared there were one thousand two hundred and sixty seven, ' many of them requiring answers of elaborate research, and all to be answered with due attention and consideration.' Taking an average of this number for a week or a day, and he might well compare his drudgery at the writing-table to ' the life of a mill- horse, who sees no end to his circle but in death,' or to 'the life of a cabbage, which was a paradise in contrast.' For these distressing intrusions, however, not a murmur or a querulous expression escap- ed from him in public ; and when compelled to allude to them in his letters of friendship, as apologies for his apparent remissness in this department, he would lament them only, as ' the kind indis- cretions which were so heavily oppressing the departing hours of life.' To his persecutions from this source, was occasionally super- added the treachery of correspondents, in the piiljlication of his let- ters ; which embroiled him with the partisans of the adversary opinion, and subjected him to much mortification and uneasiness, when his strongest desire w^as that of dying in the good- will of all mankind. Conscious of his ov/n singleness and honesty, he boldly and habitually trusted his fellow-man ; and, though often betrayed, he would never surrender the happiness of this confidence but with the desire of existence. To the possession of this felicitous attri- bute, are to be ascribed, in great part, the firmness and enthusiasm of that phalanx, which, under every pressure of injustice, in every tempest of pohtical dissension, supported him unharmed and tri- umphant through the focus of its violence. He, who so fondly trusted others, was sure to be trusted himself. " Thus am I situa- ted," he wrote to a friend — " I receive letters from all quarters, some from known friends, some from those who write like friends, on va- rious subjects. What am I to do ? Am I to button myself .up in Jesuitical reserve, rudely dechning any answer, or answering in OP THOMAS JEFFERSON. 529 terms so unmeaning-, as only to piove my distrust? Must I with- draw myself from all interchange of sentiment with the world ? I cannot do this. It is at war with my habits and temper. I can- .not act as if all men are unfaithful, because some are so ; nor be- lieve that all will betray me because some do. I had rather be the victim of occasional infidelities, than relinquish ray general confi- dence in the honesty of man." There is nothing more tender and beautiful in the history of the retirement of this great man, than his exertions to revive revolution- ry affections between Mr. Adams and hhnself, which had been in- terrupted by the intermediate contlicts of political opinion. They had ceased in expression only, not in their existence or cordiality, on the part of Mr. Jelierson; who regarded the discontinuance of friendly correspondence between them, as ' one of the most painful occurrences in his life' ; with Mr. Adams, they had been afTected, though neyer destroyed, partly by the sanguine cast of his consti- tution, but principally hy the artful and imposing suggestions of the busy inft-iguers, that Mr. Jefferson perhaps participated in the electioneering activity and licentiousness of the contest which was overthrowing his administration. The injustice of this imputation is apparent from the fact, that in his most confidential letters, he never alluded to Mr. Adams with personal disrespect, and even charged the errors of his administration upon his ministers and ad- visers, not upon him. An affecting instance of magnanimity to- wards his competitor, has been recorded of him by a political oppo- nent, who vv"as an eye-witness of the scene. In Virginia, where the opposition to the federal ascendency ran high, the younger spir- its of the day, catcliing their tone from the public journals, imputed to Mr. Adams, on various occasions, in the presence of Mr. Jeffer- son, a concealed design to overturn the Repyblic, and supply its place with a Monarchy on the British model. The uniform an- swer of Mr. Jefferson to this charge, will never be forgotten by those who heard it, of whom there are many still living, besides the par- ticular narrator. It was this : " Gentlemen, you do not know that man : there is not upon this earth a more perfectly honest man than John Adams. Concealment is no part of his character ; of that he is utterly incapable : it is not in his nature to meditate any thing that he would not publish to the world. The measures of the General govermnent are a fair subject for difiei'ence of opinion. S30 LIFE, WRITINGS, AND OPINIONS But do not found your opinions on the notion, that there is the smallest spice of dishonesty, moral or political, in the character of John Adams : for I know him tvell^ and I repeat it, that a man more perfectly honest never issued from the hands of his Creator."* ^Vhen the nation, at length, passed sentence of condemnation on the federal administration, the sulDsequent intrigues that were used to discomfit the popular will, by the elevation of Burr ; the unmanly attempt to extort capitulary terms from Mr. Jefferson ; and the scenes of midnight appointment which ensued, compelling him to act by hostile instruments, or incur the ocliimi of removing them, produced in his mind a momentary dissatisfaction with Mr. Adams, who had been a promoter of some of the proceedings, and the os- tensible agent of others. A very little time and reflection, however, obliterated every sentiment of displeasure from his mind, and restor- ed him to that just estimate of Mr. Adams' virtues, which a long acquaintance had enabled him to establish. And hid- first wish, "on coming into power, was to render easy and dignified the retire- ment of his venerable rival, by the gift, either directly or indirectly, of the most lucrative office in Massachusetts, should it not be deem- ed affrontive. But on suggesting it to some republican members ol the delegation from that State, they were 'of opinion he would take great offence at the offer ; and, moreover, that the body of re- publicans would consider such a step at the outset, as auguring very ill of the course he intended to pursue. He therefore, abandoned the idea, but did not cease wishing for some opportunity to renew their friendly understanding. Two or three years after, to wit, in 1804, having had the misfor- tune to lose a daughter, between whom and Mrs. Adams there had been considerable intimacy, she made it the occasion of writing Mr. Jefferson a letter of Qondolence ; in which, with the tenderest senti- ments of concern for the event, she avoided a single expression of friendship towards himself, and even concluded it with the wishes ' of her who once took pleasure in subscribing herself your fi lend,' &c. Unpromising as was the complexion of this letter, he seized the par- tial opening which it offered, to make an effort towards removing the clouds from between them. The answer of Mr. Jefferson ex- pressed the warmest sensibilites foi" the kindness manifested towards "^ Wirt's Eulogy. OF THOMAS JEFFERSON. 531 his departed daughter ; went largely into explanations of the cir- cumstances which had seemed to draw a hne of separation between them ; and breathed the most fervent wishes for a reconciliation with herself and Mr. Adams. In conchlsion, he said : " I have thus, my dear madam, opened myself to you without reserve, which I have long wished an opportunity of doing ; and without know- ing how it will be received, I feel relief from being unbosomed.. And I have now only to entreat your forgiveness for this transition from a subject of domestic affliction, to one which seems of a differ- ent aspect. But though connected with political events, it has been viewed by me most strongly in its unfortunate bearings on my private friendships. The injury these have sustained has been a heavy price for what has never given me equal pleasure. That you both may be favored with health, tranquillity and long life, is the prayer of one who tenders you the assurance of his highest con- sideration and esteem." This letter was followed by a further cor- . respondence between the parties, from which soon finding that con- ciliation was desperate, he yielded to an intimation in the last letter of Mrs. Adams, and ceased from further explanations. Being now retired horn all connection with the political world, with every ground of jealousy removed, his determination, with his hopes, revived to make another effort towards restoring a friendly understanding with his worthy revolutionary colleague. To this end he opened a correspondence with Dr. Rush, a mutual friend, upon the subject ; to wliom he gave a history of all that had hap- pened between them ; enclosed to him the late unsuccessful cor- respondence ; and expressed his undiminished attachmerit to Mr. Adams, with the wish that he would use his endeavors to re- estab- lish ancient dispositions between them. A short time after, two of Mr. Jefferson's neighbors and friends, while on a tour to the north- ward, fell in company with Mr. Adams at Boston, and by his invi- tation passed a day with him at Braintree. In the freedom and en- thusiasm of the occasion, he spoke out every thing which came uppermost, without reserve ; dwelt particularly upon his own ad- ministration, and alluded to his masters^ as he called his Heads of _ Department, representing them as having acted above his control, and often against his opinions. Among other topics, he adverted to the unprincipled licentiousness of the press against Mr. Jefferson,' adding, ' I always loved Jefferson, and still love him.' 532 LIFE, WRITINGS, AND OPINIONS The moment Mr. Jefferson received this intelhgence lie again wrote to his friend Rush : "This is enough for me. I only needed this knowledge to revive towards him all the affections of the most cordial moments of our lives. Changing a single word only in Dr. Franklin's character of him, I knew him to be always an honest man, often a great one, but sometimes incorrect and precipitate in his judgments : and it is known to those who have ever heard me speak of Mr.. Adams, that I have ever done him justice myself, and defended him when assail- ed by others, with the single exception as to his political opinions. But with a man possessing s(nTiahy other estimable qualities, why should we be dissocialized by mere differences of opinion in politics, in religion, in philosophy, or any thing else. His opinions are as honestly formed as my own. Our different views of the same sub- ject are^the result of a difference in our organization and experience. I never withdrew from the society of any man on this account, al ■ though many have done it from me ; much less should I do it from one with whom I had gone through, with hand and heart, so many trying* scenes. I wish, therefore, but for an apposite occasion to ex- press to Mr. Adams my unchanged affections for him. There is an awkwardness which hangs over the resuming a correspondence so long discontinued, unless something could arise which should call for a letter. Time and chance may perhaps generate such an oc- casion, of which I shall not be wanting in promptitude to avail my- self. From this fusion of mutual affections, Mrs. Adams is of course separated. It will only be necessary that I never name her. In your letters to Mr. Adams, you can, perhaps, suggest my continued cordiality towards him, and knowing this, should an occasion of writing first present itself to him, he will perhaps avail himself of it, as I certainly will, should it first occur to me. No ground for jeal- ousy now existing, he will certainly give fair play to the natural warmth of his heart. Perhaps I may open the way in some letter to my old friend Gerry, who I know is in habits of the greatest inti- macy with him. " I have thus, my friend, laid open my heart to you, because you were so kind as to take an interest in healing again revolutionary affections, which have ceased in expression only, but not in their existence. God ever bless you, and preserve you in life and health." In the course of another month, these two innnortal Patriarchs of the Revolution were affectionately brought together, after a ten years' suspension of all friendly intercommunication. The corres- pondence which passed between them, on the restitution of their an- cient cordiality, is one of the most interesting and affecting legacies ever bequeathed to the world. It has been well described, as re- sembling more than any thing else, one of those conversations in OF THOMAS JEFFERSON. 533 •ibe Elysium of the ancients which the shades of (he departed great were supposed to hold, witli regard to the affairs of the world they had left. That correspondence was a great sweetener of their departing years, blending the apothegms of Science, Morality and Rehgion, and the warmest eifusions of reciprocal love and admira- tion, with sportive reminiscencies on their past agitations, rivalries, mutual follies, mistakes, and misconceptions. And coming, as it did, from the Chiefs of the antagonist parties which have divided the nation fiom its birth, it reads an awful lesson of reprehension on that fellness of party spirit, which has overspread the land with a scourge of dissocialization, splitting neighborhoods into repulsive co- teries and combinations, and rending asunder families and friends. Mr. Jefferson's part, or probably the greatest portion of it, has already been given to the world, and would make a volume of itself. A few disjointed fragments, of the personal and desultory kind, taken promiscuously from his letters of different dates, are all that can be expected to enter into this general view of the correspondence. " A letter from you calls up recollections very dear to my mind. It carries me back to the times when, beset with dif!iculties and dan- gers, wo were fellow-laborers in the same cause, struggling for what is most valuable to man, his right of self-government. Laboring always at the same oar, with some wave ever ahead threatening to overwhelm us, and yet passing harmless under our bark, we knew not how, we rode through the storm with heart and hand, and made a happy port. Still we did not expect to be without rubs and difficulties ; and we have had them. First the detention of the western posts : then the coalition of Pilnitz, outlawing our com- merce with France, and the British enforcement of the outlawry. In your day, French depredations : in mine, English, and the Ber- lin and Milan decrees : now, the .English orders of council, and the piracies they authorise. When these shall be over, it will be the impressment of our seamen, or something else : and so we have gone on, and so we shall go on, puzzled and prospering beyond ex- ample in the history of man. And I do believe we shall continue to growl, to multiply and prosper, until we exhibit an association, powerful, wise, and happy, beyond what has yet been seen by men." "I have thus stated my opinion on a point on Avhich we differ, not with a view to controversy, for we are both too old to change opinions which are the result of a long life of enquiry and reflection ; but on the suggestion of a foimer letter of j^ours, that Ave ought not to die before we have explained ourselves to each other. We acted in perfect harmony, through a long and perilous contest for our hb- erty and independence. A constitution has been acquired, which, 46 534 LIFE, WRITINGS, AND OPINIONS though neither of us thinks perfect, yet both consider as competent to render our fellow citizens the happiest and the securest on whom the sun has ever shone. If we do not think exactly alike as to its imperfections, it matters little to our country, which, after devoting to it long lives of disinterested labor, we have delivered over to our successors in life, who will be able to take care of it and of them- selves." "I learned with great regret the serious illness mentioned in your letter ; and I hope Mr. Rives will be able to tell me you are entirely restored. But our machines have now been running seventy or eighty years, and we must expect that, worn as the)?^ are, here a pivot, there a wheel, now a pinion, next a spring, will be giving way ; and however we may tinker them up for a while, all will at length surcease motion. Our watches, with works of brass and steel, wear out within that period. Shall you and I last to see the course the seven-fold wonders of the times will take? The Attila of the age dethroned, the ruthless destroyer of ten millions of the hu- man race, whose thirst for blood appealed unquenchable, the great oppressor of the rights and hberties of the world, shut up within the circuit of a little island of the Mediterranean, and dwindling to the condition of an humble and degraded pensioner on the bounty of those he has most injured. How miserably, how meanly, has he closed his inflated career ! What a sample of the bathos will his history present ! He should have perished on the swords of his enemies under the walls of Paris." " You ask, if I would agree to live my seventy or rather seventy- three years over again ? To which I say, yea. I think with you, that it is a good world on the whole ; that it has been fiamed on a principle of benevolence, and more pleasure than pain dealt out to us. There are, indeed, (who might say nay) gloomy and hypo- chondriac minds, inhabitants of diseased bodies, disgusted with the present, and despairing of the future ; always counting that the worst will happen, because it may happen. To these I say, how much pain have cost us the evils which have never happened ! My tem])erament is sanguine. I steer my bark with Hope in the head, leaving Fear astern. My hopes, indeed, sometimes fail ; bat not of- tener than the forebodings of the gloomy. There are, I acknowl- edge, even in the happiest life, some terrible convulsions, heavy set- of!"s against the opposite page of the account. I have often won- dered for what good end the sensations of grief could be intended. All our other passions, within proper bounds, have an useful object. And the perfection of the moral character is, not in a stoical apathy, so hypocritically vaunted, and so untruly too, because impossible, but in a just equilibrium of all the passions. I wish the patholo- gists then would tell us what is the use of grief in the economy, and of what good it is the cause, proximate or i-emote." v_ OF THOMAS .JEFFERSON. 535 " The public papers, my dear friend, announce the fatal event of ^ which your letter of October the 20th, had given me ominous fore- '^ boding. Tried myself in the school of affliction, by the loss of ev- ^ i ery form of connection which can rive the human heart, I know \ well and feci what you have lost, what you have suffered, are suf- fering, and have yet to endure. The same trials have taught me \ ^ that, for ills so immeasurable, time and silence are the only medi- ^ - cine. I will not, therefore, by useless condolences, open afresh the sluices of your grief, nor, although mingling sincerely my tears with yours, will I say a word more where words are vain, but that it is of some comfort to us both, that the term is not very distant, at which we are to deposite in the same cerement our sorrows and suf- fering bodies, and to ascend in essence to an extatic meeting with the friends we have loved and lost, and whom we shall still love, and never lose again. *God bless you, and support you under your i * heavy afiliction." " Putting aside these things, however, for the present, I write this letter as due to a friendship coeval with our government, and now X ^ attempted to be poisoned,* when too late in life to be replaced by "^J new affections. I had for some time observed, in the public papers, O ^^rk hints and mysterious inuelKlQe^' of a correspondence of yours ^^■'Svith a friend, to'''''wTttm»--yoir hail 'jjunetl your bosom u'ithout re- serve, and which was to be made public by that friend or his repre- ]:^ sentative. And now it is said to be actually published. It has not y ^ y£t reached us, but extracts have been given, and such as seemed . mostiiireTyTo draw a curtain of separation between you and myself. /<^\ Were there no other motive than that of indignation against the \ \iuthor of this outrage on private confidence, whose shaft seems to \ have been aimed at yourself more particularly, this would make it "^ \ the duty of every honorable mind to disappoint that aim, by oppos- ^f ^ ing to its impression a seven-fold shield of apathy and insensibility. ' ) With m.e, however, no such armor is needed. The circumstances of the times in which we have happened to live, and the partiality t*, t^of our friends at a particular period, placed us in a state of apparent ^opposition, which some might suppose to be personal also: and fc >ihere might not be wanting those w"ho wished to make it so, by \ vfilling our ears with malignant falsehoods, by dressing up hideous \~'phantoms of their own cretuion, presenting them to you under my X O liame, to me under yours, and endeavoring to instil into our minds J things concerning each other the most destitute of truth. And if vlijere had been, at any time, a moment when we were off our guard. '^ and in a temper to let the whispers of these people make us forget P ,^ what we had known of each other for so many years, and years of ^ so much trial, yet all men, who have attended to the workings of the human mind, who have seen the false colors under which pas- * Alluding to the Cunningham Correspondence. 536 LIF, WRITINGS, AND OPINIONS sion sometimes dresses the actions and motives of others, have seenf also those passions subsiding with time and reflection, dissipating^ like mists before tiie rising sun, and restoring to us the sight of all things in their true shape and colors. It would be strange, indeed, if, at our years, we were to ^o an age back to hunt up imaginary or forgotten facts, to disturb me repose of affections so sweetening to the evening of our lives. Be assured, ray dear Sir, that I am inca- pable of receiving the slightest impression from the effort now made to plant thorns on the pillow of age, worth, and wisdom, and to sow tares between friends who have been such for near half a century. Beseeching you, then, not to suffer your mind to be disquieted by this wicked attempt to poison its peace, and praying you to throw it by among the things which have never happened, I add sincere as- surances of my unabated and constant attachment, friendship and respect." But the cultivation of the affections, social and domestic, and the delights of philosophical and agricultural occupation, were subjects which engaged only a subordinate share of the attention of Mr. Jef- ferson in retirement. One other enterprise, of public and vast utili- ty, which it was reserved for him to accomplish, constituted the en- grossing topic of his mind, from the moment of his return to private hfe, to the day and hour of his death. This was the establishment of the University of Virginia, — a most genial employment for his old age, and, very appropriately, the crowning act of the long and wonderful drama of his hfe. Having assisted in achieving for his country the inestimable blessings of civil and religious liberty, he considered the work but half complete, without securing to posterity the means of preserving that condition of moral culture, on which the perpetuation of those blessings forever depends. It was one of the first axioms to which he attained, that the liberties of a nation could never be safe but in the hands of the people themselves, and that too of the people with a certain degree of instruction. A sys- tem of education, therefore, which should leach every description of citizens, from the richest to the poorest, as it was the earliest, so it was the latest of public concerns in which he permitted himself to take an interest. The opinions of Mr. Jefferson on the subject of Education were given in detail, while the Revised Code of Virginia was under con- sideration ; of which the ' Bill for the General Diffusion of Knowl- edge,' drafted by him, v/as a distinguishing feature. The system marked out in that Bill, proposed three distinct grades of instruction; the sum total of whose objects may be explained by adopting a sin- OF THOMAS JEFFERSON. 537 gle expression of the author, — ' to give the highest degrees of edu- cation to the higher degrees of genius, and to all degrees of it, so much as may enable them to read and understand what is going on in the world, and to keep their part of it going on right.' No part of this expansive system had been carried into effect by the Legis- lature, except that proposing the elementary grade of instruction ; and the intention of this was completely defeated by the option giv- en to the County Courts. The University composed the ultimate grade of the system, and was the one which pecuharly enlisted the zeal of the founder, without, however, subtracting from his devotion to the W'hole scheme. In this Institution, like those of the universi- ty rank in Europe, it was his intention to have taught every branch of Science, useful to mankind, and in its highest degree ; wath such a classification of the sciences into particular groups, as to require so many Professors only, as might bring them within the views of a just but enlightened economy. The plan of the University w^as unique, in its superstructure, in its intellectual regime, and its general organization. It w^as origin- al with Mr. Jefferson, — the offspring of his genius, aided by his ex- tensive observations w^hile in Europe. The University of Virginia is emphatically his w'ork. His was the first conception, having been started by him more than forty years ago ; his, the subsequent impulse and direction wdiich finally brought it to maturity ; his, the whole scheme of its studies, organization and government ; and his, the beautiful and varied architecture of its buildings, in which he improved the occasion to present a specimen of each of the orders of the art, founded on Grecian and Roman models. He did this last with a view to inspire the youth who resorted thither, with 'the imposing associations of antiquity,' and to retrieve, as far as he could, the character of his country from that pointed sarcasm in his Notes on Virginia, that '•' the genius of architecture seems to have shed its maledictions over this land." Being located, in gratitude to its founder, within four miles of Monticello, he superintended its erec- tion daily, and with the purest satisfaction. The plan of the build- ings embraced : 1st. Pavilions, arranged on either side of a lawn, indefinite in length, to contain each a lecture room, and private apartments sufficient to accommodate a Professor and his family. 2d. A range of Dormitories, connecting the Pavilions, of one sto- ry high, sufficient each for the accommodation of two sfudents 46* 538 ' LIFE, WRITINGS, AND OPINIONS only, — as the most advantageous to morals, order and uninterrupt- ed study, — with a passage under cover from the weather, giving a communication along the whole range. 3d. Hotels, for the diet- ing of the students, to contain each a single room for a refectory, and accommodations sufficient for the tenants charged with this de- partment. 4th. A Rotunda, or large circular building, in which were rooms for religious worship, under such regulations as the Visitors should prescribe, for public examinations, for a library, for schools of music, drawing, and other associated purposes. The principal novelties in the scheme of its studies, were a Professorship of the principles of government, " to be founded in the rights of man," to use the significant language of the originator ; a Profess- orship of agriculture ; one of modern languages, among which the Anglo-Saxon was included, that the learner might imbibe, with their language, their free principles of government ; and the absence of a Professorship of Divinity, 'to give fair play to the cultivation of reason,' as well as to avoid the constitutional objection against a pub- lic establishment of any religious instruction. A Rector and Board of Visitors, appointed by the Legislature, composed the government of the Institution ; and their first meeting was in August, 1818, at RockfishGap,on the Blue Ridge, at which Mr. JefTerson presided, and drafted the first annual report to the Legislature. He was also ap- pointed Rector of the University, in which office he continued until his death, when he was succeeded by Mr. Madison. The estabhsh- ment went into operation in the spring of 1825, and is now in a flourishing condition. The weight and vehemence of opposition which this institution encountered, through every stage of its progress, were such as would have been insurmountable to any person possessing less persever- ance, or less ascendency of personal character than Mr. JefTerson. Besides the ordinary circumstances of resistance, common to every enterprise of the kind in this country, it was met at the outset, by a combination of religious jealousies, probably never equalled. Hostile as they were, in every other point, to one another, all the re- ligious sects in the State cordially co-operated in the effort to fixis- trate an institution, which, from the circumstance of its favoring no particular school of divinity, to the exclusion of another, was presum- ed to be inimical to all religion, in all its forms. These formidable antipathies, with the host of sectional rivalries, the steady counter- OP THOMAS JEFFERSON. 539 action of William and Mary, and the taidy pace of the public pat- ronage, produced an array of difficulties of so frightful a character, as to cloud the brow of Mr. Jefferson with an occasional anxiety, to which he was a stranger under the most afflicting occurrences of his political career ; yet he never despaired, resolving to ' die in the last ditch rather than give way.' After a most impressive exhorta- tion to one of his colleagues of the Visitation, to exert all his facul- ties towards allaying the opposition, and arousing the Legislature, of which he was a member, to a sense of their distresses, he says : " I have brooded, perhaps with fondness, over this establishment, as it held up to me the hope of continuing to be useful while I contin- ued to live. I had believed that the course and circumstances of my life had placed vvithin my power some services favorable to the outset of the institution. But this may be egotism ; pardonable, perhaps, when I express a consciousness that my colleagues and successors will do as well, whatever the Legislature shall enable them to do." Again he writes to another friend of the University in the Legisla- ture: "When I retired from the administration of public affairs, I thought I saw some evidence that I retired with a good degree of public favor, and that my conduct in office had been consid- ed, by the one party at least, with approbation, and with acquies- ence by the other. But the attempt, in which I have embarked so earnestly, to piocure an improvement in the moral condition of my native State, although, perhaps, in other States it may have strength- ened good dispositions, it has assuredly weakened them in our own. The attempt ran foul of so many local interests, of so many person- al views, and so much ignorance, and I have been considered as so particularly its promoter, that I see evidently a great change of sen- timent towards myself. I cannot doubt its having dissatisfied with myself a respectable minority, if not a majority of the House of Del- egates. I feel it deeply and very discouragingly ; yet I shall not give way. I have ever found in my progress through life, that act- ing for the public, if we do always what is right, the approbation de- nied in the beginning will surely follow us in the end. It is from posterity we are to expect remuneration for the sacrifices we are making for their service, of time, quiet, and good will." At another time he bursts forth, in a letter to one of his colleagues. in a strain of despondency mingled with affectionate supplication, strongly portraying the difficulties in the way, and the almost over- whelming solicitude which he felt for the result : 540 LIFE, AVRITINGS, AND OPINIONS " But the gloomiest of all prospects, is in the desertion of the best friends of the institution, for desertion I must call it. I know not the necessities which may force this on you. General Cocke, you say, will explain them to me ; but I cannot conceive them, nor per- suade myself they are uncontrollable. I have ever hoped, that yourself, General Breckenridge, and Mr. Johnson, would stand at your posts in tiie Legislature, until every thing was effected, and the institution opened. If it is so difficult to get along with all the energy and influence of our present colleagues in the Legislature, how can we expect to proceed at all, reducing our moving power ? I know well your devotion to your country, and your foresight of the awful scenes coming on her, sooner or later. With this fore- sight, what service can we ever render her equal to this? What object of our lives can we propose so important ? What interest of our own which ought not to be postponed to this? Health, time, labor, on what in the single life which nature has given us, can these be better bestowed than on this hnmortal boon to our country ? The exertions and the mortifications are temporary ; the benefit eternal. If any member of our college of Visitors could justifiably withdraw from this sacred duty, it would be myself, who quadra- gents stipendiis jamdndum jieractis, have neither vigor of body nor mind left to keep the field : but I will die in the last ditch, and sol hope you will, my friend, as well as our firm-breasted brothers and colleagues, Mr. Johnson and General Breckenridge. Nature will not give you a second life wherein to atone for the omissions of this. Pray then, dear and very dear Sir, do not think of deserting us, but view the sacrifices which seem to stand in your way, as the lesser duties, and such as ought to be postponed to this, the greatest of all. Continue with us in these holy labors, until, having seen their accomplishment, we may say with old Simeon, ' Nunc dimit- tas, Dominey The enthusiasm with which the aged patriarch embarked in this great undertaking, arose in a principal degree, fi-om its contemplated bearing on the future destinies of his country, in a 'political sense. This is apparent in all his letters. He intended it as a school for the future pohticians and statesmen of the Republic — of that Republic at whose birth he officiated, and in whose service he had worn out his life. The illustrious man who succeeded him in its Rector- ship, has said : " This temple, dedicated to science and liberty, was, after Mr. Jefferson's retirement from the political sphere, the object nearest his heart, and so continued to the end of his life. His devo- tion to it was intense, and his exertions unceasing. It bears the stamp of his genius, and will be a noble monument to his fame. His general view was to make it a nursery of republican patriots, OF THOMAS JEFI'ERSON. 541 as well as genuine scholars." The same idea is continually enforc ed in his impressive appeals to the members of the Legislature, and other individuals. I To General Breckenridge. — "The reflections that the boys of this age are to be the men of the next ; that they should be prepar- ed to receive the holy charge wliich we are cherishing to deliver over to them ; that in establisliing an institution of wisdom for them, we secure it to all our future generations ; that in fulfilling this duty, we bring home to our own bosoms the sweet consolation of seeing our sons rising under a luminous tuition, to destinies of high promise ; these are considerations which will occur to all ; but all, I fear, do not see the speck in our horizon which is to burst on us as a tornado, sooner or later. The line of division lately marked out between different poitions of our confederacy, is such as wnll never, I fear, be obliterated, and we are now trusting to those who are against us in position and principle, to fashion to their own form the minds and affections of our youth. If, as has been estimated, we send three hundred thousand dollars a year to the northern seminaries, for the instruction of our own sons, then we must have there five hundred of our sons, imbibing opinions and principles in discord with those of their own country. This canker is eating on the vitals of our existence, and if not arrested at once, will be beyond remedy. We are now certainly furnishing recruits to their school." To J. Madison. — "In the selection of our Law Professor,^we must be rigorousl}'^ attentive to his political principles. You will recollect, that, before the Revolution, Coke Littleton was the uni- versal elementary book of law students, and a sounder whig never wrote, nor of profounder learning in the orthodox doctrines of the British constitution, or in what are called English -liberties. You remember also that our lawyers were then all whigs. But when his black-letter text, and uncouth but cunning learning got out of fashion, and the honied Mansfield ism of Blackstone became the stu- dents' hornbook, from that moment, that profession (the nursery of our Congress) began to slide iniotoryism, and nearty all the young brood of lavt'yers now are of that hue. They suppose themselves, indeed, to be whigs, because they no longer know w^hat whigism or republicanism means. It is in our seminary that that vestal flame is to be kept alive ; it is thence it is to spread anew over our own and the sister States. If we are true and vigilant in our trust, within a dozen or twenty years a majority of our own Legislature will be from our school, and many disciples will have carried its doctrines home with them to tlreir several States, and will have leavened thus the whole mass." The profound and unalloyed satisfaction with which he reflected on the success of his labois, is expressed with a noble pride in a per- 542 LIFE, WRITINGS, AND OPINIONS sonal communication to the Legislature, a little before his death, Avrunj^ from him by the pressing hand of poverty. " Tlie effect," says he, "of this institution on the future fame, for- tune, and prosperity of our country, can as yet be seen but at a dis- tance. But an hundred well educated youths, which it will turn out annually, and ere long, will fill all its offices with men of supe- rior qualifications, will raise it from its humble state to an eminence among its associates which it has never yet known; no, not in its brightest days. That institution is now qualified to raise its 5^outh to an order of science unequalled in any other State ; and this supe- riority will be the greater from the free range of mind encouraged there, and the restraint imposed at other seminaries by the shackles of a domineering hierarchy, and a bigoted adhesion to ancient hab- its. Those now on the theatre of affairs will enjoy the ineffable happiness of seeing themselves succeeded by sons of a grade of sci- ence beyond their own ken. Our sister States will also be repair- ing to the same fountains of instruction, will bring hither their gen- ius to be kindled at our fire, and will carry back the fraternal af- fections which, nourished by the same Alma Mater, will knit us to them by the indissoluble bonds of early personal friendships. The good Old Dominion, the blessed mother of us all, will then raise her head with pride among the nations, will present to them that splendor of genius which she has ever possessed, but has too long suffered to rest uncultivated and unknown, and will become a cen- tre of ralliance to the States whose youths she has instructed, and, as it were, adopted. I claim some share in the merits of this great w^ork of regeneration. My whole labors, now for many years, have been devoted to it, and I stand pledged to follow it up through the remnant of life remaining to me." Such were the concluding labors of one who had nimibered more than four score years, and devoted sixtj^ of them, uninterruptedly, to the service of his country. A more extraordinary life was never commemorated in history. The single feature of a sixty years' service, as no other instance of it has yet occuricd among mankind, so it probably never will again. And should a parallel instance occur, even once and again, will it ever be as boldly, as beautifully, as wonderfully characterized? Will their course have been marked by the same transcendent consistency, through every stage of life, and revolution of fortune ? A theme on which we need not, dare not venture to dilate. Long after the most of those who were his original adherents or opponents had disappeared from the world, he continued the cool, grey-haired champion of the same political doc- trines which he espoused in the fire of green youth ; nay, upon the OF TH03IAS JEFFERSON. 543 verge of the grave he stood, as it were, the embodied spirit of the Rev- ohition, in all its purity and power, nourishing with its wholesome in- fluence the acting generation of his country, and distributing its revo- lutionary energies among the nations of the earth which still slumber- ed in despotism. Will that service have been distinguished, nniform- ly, by the same holy disinterestedness) The pen of inspiration would alone be appropiiate to a development of this ecstatic head. Will it ever be a service so diversified in its features, and of such equal pre-eminence in all, as to have left the world in doubt, wheth- er it is most indebted to him as a Patriot, a Philosopher, a Scholar, a Philanthropist, a Moralist, a Statesman, a Diplomatist, an Au- thor, a Writer, or a Social being ? Will the times of their service have been as trying as those which embraced the stupendous achievments of our Revolution, our transition from colonial vassal- age to the triumphant, secure, and blessed enjoyment of self-gov- ernment, theretofore deemed an Utopian state ? Will their agency have been as prominent in the erection and modification of this hal- lowed political structure, and in holding it to its genuine principles, against the fatal errors and catastrophes which have overruled the issues of every other struggle for its attainment ? Above all, that topic on which the lover of human nature will ever hang with rap- ture, must we not look in vain among the records of the political actors of the world, for an example of that spotless sincerity^ which never harbored a sentiment, a wish, or a feeling, in private, differ- ent from what it uttered in public, — of that chaste honor, which always asserted the just characters of his opponents, in the circle of his most confidential companions ? Let the hoards of the private letters of the most illustrious men of their day be broken up, and display to view, as in the present case, the very sanctuary of their inmost thoughts and feelings, and see if they present the same beautiful mirror of their actions and professions. The same fidel- ity to friends, and magnanimity to opponents, the same repugnance to the noisy honors of the w^orld, and devotion to philosophic re- tirement, the same absence of all intrigue, selfishness, and personal ambition, the same unbounded sacrifices in the cause of liberty and philanthropy, the same sleepless, Roman love of countr}", her rights, her interests, her honor, her prosperity. But why should we attempt coolly to particularize the distinguish- ing ornaments of a public character, whose developments in the ag- 344 LIFE, WRITINGS, AND OPINIONS gregate, were so extraordinary, and have given so powerful, and glorious, and lasting a direction to the current of human thought? Adopting a humble imitation of liis masterly deUneation of General Wasiiington, may it not be summarily represented as 'in the mass perfect, in many points unrivalled, in nothing bad, in few points indif- ferent.' And never, since the age of miraculous interposition in the aflairs of men, has there existed such an astonishing example of the silent, steady, and irresistible triumph of unobtrusive greatness over the confederated resistance of the temporal and spiritual principalities of the earth; for, with a world in arms against him, he succeeded in erecting a reputation whose base is the broad empire of Civil and Religious Liberty, and whose towering grandeur will never reach its culmination until this glorious empire shall have become as uni- versal as the abode of humanity. Shall we follow him into the walks of private life, into the tem- ple of his hallowed seclusion, and view him under all the relations of husband, father, friend, companion, and man ? Here, never did the Virtues and the Graces mingle their magic influences more po- tently to produce a model of the perfection w^hich nature can cover under the human form. His heart was most fervent in its affec- tions ; and as confiding as innocence itself, never harboring a suspi- cion of the depository of its trust ; and, what is more uncommon, as tenacious as it was ardent and confiding, holding on to its object without decay under every vicissitude. His friendships were of course indissoluble, those contracted earliest continuing forever, and existing the strongest. His justice was most severe, sacrificing the claims of the closest ties of affection, to avoid the contamination of dishonor ; and his virtue, the most unbridled licentiousness of ca- lumny has left without a taint. His temper was proverbially even, serene, and buoyant, thrusting fear always astern, and cherishing habitually the fond incitements of hope. Of domestic life he was at once the adorer and the idol, ever anxious to forego worldly honors and emoluments for its enjoyment ; and such was the influence of his affection upon those around him, heightened by a sense of the respect of the world for him, that he was almost worshipped by his family. He delighted in the society of children, with whom he was accustomed, in his old age, to practice feats of agility which few could imitate. Being taken by surprise on one of these occa- sions, by the entrance of a stranger, he grasped his hand, smihng OF TH03IAS JEFFERSON. 545 and saying : " I will make no other apology than the good Henry the Fourth did, when he was caught by an ambassador playing horse, and riding one of his children on his back, by asking, are you a father ? — if you are no apology is necessary." His powers of conversation were of the highest order ; which, heightened by the charms of modesty, and an habitual show of equality in the pres- ence of everyone, and carried off with ' a voice of pure and delicate affection, Vvhich ran with brilliancy and effect through the whole compass of colloquial music, now bright with wit, now melting with tenderness,' made him the soul and centre of the social circle. Of the warmth of his social dispositions, the range of his private cor- respondence affords the most ennobling proofs. Even in the angry period of '98, so memorable for its dissocializing spirit, he wrote to a distinguished political opponent : " I feel extraordinary gratifica- tion in addressing this letter to you, with whom shades of differ- ence in political sentiment have not prevented the interchange of good opinion, nor cut off the friendly offices of society (and good correspondence. This political tolerance is the more valued by me, who consider social harmony as the first of human felicities, and the happiest moments those which are given to the effusions of the heart." But the most interesting fragment of this nature, is found in a letter of friendship while in France, of which the following are extracts : " I hope in God, no circumstance may ever make either seek an asylum from grief ! With what sincere sympathy I would open every cell of my composition, to receive the effusion of their woes ! I would pour my tears into their wounds ; and if a drop of balm could be found on the top of the Cordilleras, or at the remotest sources of the Missouri, I would go thither myself to seek and to bring it. Deeply practised in the school of affliction, the human heart knows no joy which I have not lost, no sorrow of which I have not drank ! Fortune can present no grief of unknown form to me ! Who, then, can so softly bind up the wound of another, as he who has felt the same wound himself?" " And what more sublime delight, than to mingle tears with one whom the hand of Heaven hath smitten ! to watch over the bed of sickness, and to beguile its tedious and its painful moments ! to share our bread with one to whom misfortune has left none ! This world abounds indeed with misery : to lighten its burthen, we must divide it with one another. But let us now try the virtue of your mathematical balance, and as you have put into one 47 546 LIFE, WRITINGS, AND OPINIONS scale the burthens of friendship, let me put its comforts into the other. When languishing then under disease, how grateful is the solace of our friends ! how are we penetrated with their assiduities and attentions ! how much are we supported by their cncourag- ments and kind offices ! When Heaven has taken from us some object of our love, how sweet is it to have a bosom whereon to re- cline our heads, and into which we may pour the torrent of our tears ! Grief, with such a comfort is almost a luxury ! In a life where we are perpetually exposed to want and accident, yours is a wonderful proposition, to insulate ourselves, to retire from all aid, and to wrap ourselves in the mantle of self-sufficiency ! For as- suredly nobody will care for him, who cares for nobody. But friendship is precious, not only in the shade, but in the sunshine of life : and thanks to a benevolent arrangement of things, the greater part of hfe is sunshine. * * Let the gloomy monk, sequestered from the world, seek unsocial pleasures in the bottom of his cell ! Let the sublimated philosopher grasp visionary hap- piness, while pursuing phantoms dressed in the garb of truth ! Their supreme wisdom is supreme folly: and they mistake for happiness the mere absence of pain. Had the}'^ ever felt the solid pleasure of one generous spasm of the heart, they would exchange for it all the frigid speculations of their hves, which you have been vaunting in such elevated terms. Believe me, then, my friend, that that is a miserable arithmetic, which could estimate friendship at nothing, or at less than nothing." How pure, and grateful, and animating the sensations with which every American must contemplate so rare an assemblage of virtues, in one of the most distinguished of their benefactors. But is there no circumstance to detract from this just national pride and exulta- tion 1 I Alas ! there is one. All the latter years of Mr. Jefferson were overshadowed with gloom. He was permitted to languish in poverty and distress during the most helpless and hopeless peiiod of his existence. If it be asked why he fell a victim to penury and want ? the answer is inscribed on every page of his country's his- tory. It beams from the surface of every thing that is peculiar and admirable in the principles of our government. What institu- tion is there in the United States which does not bear ihc impress of his genius and his labors ? W hat charitable establishment, promis- ing real utility, that has not profitted of his patronage. What son or daughter of affliction, that has sohcited aid, who has not shared his bounty ? What nation, clime, or kindred that has not partici- pated of his generous hospitality ? He sacrificed the bulk of his OF THOMAS JEFFERSON. 547 inheritance, immense as it was, upon the altar of all the virtues ; and the general prostration of the farming business, the calamitous fluctuations of the paper medium, which doubled and trebled his debts, by reducing in that proportion the value of landed property, and the bankruptcy of individuals for whom he had largely under- written, carried away the remainder. In this hopeless condition, with his estate overloaded with incumbrances, his health daily sink- ing under age and disease, and harrowed by the prospect of leav- ing a numerous family in wretchedness, he threw himself, as a last and painful resource, not upon the gratitude — no, he could not do that — but upon the naked justice of his native State, as it had been frequently, though discretionally; exercised. He asked not a far- thing from the treasury. He simply requested permission of the Legislature, by the aid of a Lottery, to sell his own property freely to pay his own debts ; and not to sacrifice it, as would have been unavoidable, if forced into a market without bidders, to enhance the fortunes of speculators merely, leaving those unpaid who had trust- ed to his good faith. This was the only form in which he would accept assistance from the public. His principles would not permit him to receive a donation from the State or General Government, and he forbade his friends from asking or receiving it. The fol- lowing letter to his grandson, written in February, 1826, during the pendency of his application, presents an affecting picture of the state of his mind under the pressure of his multiplied adversities. " My dear Jefferson — I duly received }'^our affectionate letter of the 3d, and perceive there are greater doubts than I had apprehend- ed whether the Legislature will indulge me in my request to them. It is a part of my mortification to perceive that I had so far over- valued myself as to have counted on it, with too much confidence. I see, in the failure of this hope, a deadly blast of all my peace of mind, during my remaining days. You kindly encourage me to keep up my|spiiits — but oppressed with 'disease, debility, age, and embarrassed all'airs, this is difficult. For myself, I should not re- gard a prostration of fortune. But I am overwhelmed at the prospect of the situation in which I may leave my family ; my dear and beloved daughter, the cherished companion of my early life, and nurse of my age, and her children, rendered as dear to me as if my own, from having lived with them from their cradle, left in a comfortless situation, hold up to me nothing but future gloom — and I should not care were hfe to end with the line I am writing, were it not that I may be yet of some avail to the family. Their affec- 548 LIFE, WRITINGS, AND OPINIONS tionate devotion to me makes a willingness to endure life a duty, so long" as it can be of any use to them. Yourself particularly, dear Jefferson, I consider as the greatest of the Godsends which heaven has granted to me ! — Without you, what could I do under the difficulties that now environ me ? These have been produced in some degree by my own unskilful management, and devoting my time to the service of my country ; but much also by the unfortu- nate fluctuations in the value of our money, and the long continued depression of farming business. But for the last, I am confident niy debts might be paid, leaving me Monticello and the Bedford estate. But where there are no bidders, property, however great, is no resource for the payment of debts — all may go for little or noth- ing. Perhaps, however, even in this case, I may have no right to complain, as these misfortunes have been held back for my last days when few remain to me. I duly acknowledge that I have gone through a long life, with fewer circumstances of affliction than are the lot of most men.^ — Uninterrupted health, a compe- tence for every reasonable want, usefulness to my fellow-citizens, a good portion of their esteem, no complaint against the world which has sufficiently honored me, and above all, a family which has blessed me by their affection, and never by their conduct given me a moment's pain. And should this my last request be granted, I may yet close with a cloudless sun, a long [and serene day of life. Be assured, my dear Jefferson, that I have a just sense of the part you have contributed to this, and that I bear to you un- measured affection." The following extract of a letter to Mr. Madison, written about a week afterwards, is not without great interest from its concluding sentiments, and from the circumstance of its having been the last he ever addressed to his old and well-tried bosom friend. After leaving him a warm exhortation on the subject of the University, in view of its political importance to the cor "o^^^'^*/ \"^\/ "o^^^ % ^.•'T?^-y* %*^*/ V^^"/ "°* <=b v^r^v..^^ ^o*.*^-'aO^ V'T^\y ^o.* ,0'