iW9HK THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA GIFT OF Mrs. Domenico Saudino v2. \ - . sic (r Jtavart C-imbtr jculp. THE LIFB OP THOMAS JEFFERSON, AUTHOR OF THE DECLARATION OP INDEPENDENCE, .AND THIRD PRESIDENT OF THE UNITED STATES. li Let laurels, drench'd in pure Parnassian dews, " Reward his mem'ry, dear to every muse, " Who, with a courage of unshaken root, " In honour's field advancing his firm foot, " Plants it upon the line that Justice draws, " And will prevail, or perish in her cause." BY WILLIAM LINN. ITHACA : PRINTED AND PUBLISHED BY MACK & ANDRUS. 1834. Entered according to act of Congress, in the year 1834, by MACK & ANDRUS, in the office of the Clerk of the Northern District of the state of New York. TO SIMEON DE WITT, ESO. . SURVEYOR GENERAL OF THE STATE OF NEW YORK, This volume is inscribed, as a testimonial of the gratitude and respect of the Compiler; accompanied by the wish, that his age maybe as composed and happy as his past life has been arduous, honourable, and useful. ADVERTISEMENT. THIS work is a compilation exclusively ; and the only merit it can possibly claim, is in the collection and arrangement of the materials, and in the authenticity and correctness of its authorities. And where facts and truths alone are sought, this acknowledgment cannot diminish the value of the production^ or detract from its usefulness. Farther than what the writers quoted afford, neither the splendour of fancy, nor the fascina- tion of language, is to be expected from it; its. aim has been a plain, unvarnished statement of the prominent incidents in the life of its illustrious subject ; and if that is attained, the inten- tion of the publishers is answered. The selections for this pur- pose have oeen made from various authors ; and the memoirs of Mr. Jefferson, composed by himself, and prefixed to the vol- umes of his correspondence, has been the text-book by which difficulties and discrepancies have been obviated or reconciled. These memoirs, however, comprise but little of his lengthened and eventful life, and his letters have enabled me, in some measure, to supply the deficiency. Neither have I hesitated, in many instances, to employ the very words of my authorities ; conscious that any attempted amendment on my part, would not only be futile, but, by misapplication of a phrase, might perplex the meaning. On this account, a variety of style will be percep- tible, but not having a tendency, it is imagined, to throw confu- sion in the facts related, or shroud expression in obscurity. To the " American Biography," more than any other, I have been indebted for date and incident. To present to the publick a candid and impartial history of the life of THOMAS JEFFERSON, has been the anxious desire of the compiler, though, in other respects, his ability may have failed in the performance. This he hopes he has done ; and he has given in a portable and economical form, what was be- fore contained in, or appended to, books voluminous in bulk and extravagant ia price. "W. L OF THOMAS JEFFERSON. * . CHAPTER I. THE LIFE of THOMAS JEFFERSON, author of the Declaration of Independence, President of the United States, and one of the most prominent actors in the stirring scenes of the revolution, cannot, we presume, be unacceptable to any American reader. The inci- dents of his distinguished life, his talents, the exalted stations which he filled, his intimate connexion with those illustrious men whom we delight to honour, and his association with the most important events in the revolutionary struggle, must always afford him a con- spicuous place in the history of our country. Shaken as he has been by the storms of the time, and so furious- ly assailed by political opponents, there was danger, while they* contemplated nothing beyond the downfall of the executive, that their weapons might pass through his shield, and strike into the bosom of their country* yet now, when the fury of the day has passed over, candour will do justice to his talents, appreciate his merits, and render gratitude for his services. The 2 O LIFE OF JEFFERSON. clouds are rolling off from the darkened landscape, and the excellencies of his character can now be dis- tinguished on the horizon in all their native brightness, It has been remarked, that certain stated times and periods have been prolifick of great men. Nature seems then to have exerted herself with a more than ordinary effort, and to have poured them forth with unusual fertility. But at no time or period did any country produce greater men, or those better qualified to conduct affairs to a successful issue, than at the com- mencement and during the progress of our combat for independence. The commanders were ardent and enterprising, and possessing an almost intuitive knowl- edge of their profession ; our counsellors were firm, prudent and sagacious ; and the continental Congress possessed a collective body of wisdom which the world has seldom witnessed. The people themselves, enthu- siastick in the cause of liberty, deeply imbued with a detestation of tyranny, and with all their wrongs and remembrances about them, were brave and determined, unrepining in the midst of hardships, and free from cruelty and licentiousness. With such instruments, under the direction of a benignant Providence, the re- sult was glorious, and its effects and consequences have been beneficially felt over a great part of the globe. "History," said professor Silliman in 1820, "presents no struggle for liberty which has in it more of the moral sublime than that of the American revolution. It has of late years been too much forgotten in the sharp contentions of party, and he who endeavours to with- draw the publick mind from these debasing conflicts, and to fix it on the grandeur of that epoch, which, LIFE OF JEFFERSON. 7 magnificent in itself, begins now to wear the solemn livery of antiquity as it is viewed through the deepen- ing twilight of almost half a century, certainly per- forms a meritorious service, and can scarcely need a justification." But if a subject of interest when con- templated in this view if to the philosopher it affords a profound and gratifying theory in his annals of man how vastly more important, and what a matter of ex- ultation, must it be to those who reflect that it was their fathers who exhibited this noble spectacle to the world, and that the rights and privileges which they enjoy are the splendid result of their exertions ! Their char- acters must become not only the subjects of curiosity, but their names of enduring gratitude, and the events of their lives not only the theme of frequent conversa- tion, but familiar as household terms. It is under these impressions that these memoirs are presented to the publick ; the memoirs of him whose name is one of the brightest in the revolutionary galaxy. Thomas Jefferson was descended from a family who had long been settled in Virginia, the province of his nativity. His ancestors, according to a late biographer, had emigrated there at an early period ; and although bringing with them, as far as is known, no fortune be- yond that zeal and enterprise which are so useful and necessary to adventurers in a new and unknown coun- try, and no rank beyond a name which was free from dishonour, they had a standing in the community high- ly respectable, and lived in circumstances of consider- able affluence. " The tradition in my father's family," says the subject of this sketch, in his modest and in- teresting memoirs, "was, that their ancestor came to 8 LIFE OF JEFFERSON. this country from Wales, and from near the mountain of Snowden, the highest in Great Britain. I noted once a case from Wales in the law reports, where a person of our name was either plaintiff or defendant, and one of the same name was secretary to the Virgin- ia Company. These are the only instances in which I have met with the name in that country. I have found it in our early records ; but the first particular information I have of any ancestor, was of my grand- father, who lived at the place in Chesterfield called Ozborne's, and owned the lands afterwards the glebe of the parish. He had three sons : Thomas, who died young; Field, who settled on the waters -of Roanoke, and left numerous descendants ; and Petejr 1 my father, who settled on the lands I still own, called Shadwell, adjoining my present residence. He was born Feb- ruary 29, 1707-8, and mtermarried, 1739, with Jane Randolph, of thejjgfijrf 19, daughter of Isliam Ran- dolph, one of the seven sons of that name mul family, settled at 'Dungeness, in Goochland. They trace their pedigree far back in England and Scotland, to which let every one ascribe the faith and merit he chooses." Thomas Jefferson was born April 2, old style, 1743, at Shadwell, in Albemarle county, Virginia, and was the eldest of eight children. His father, though his education had been entirely neglected in early life^ yet, being a man of strong mind and sound judgement, he, by subsequent study, acquired no inconsiderable knowl- edge and information. His progress must have been not only rapid but profound, since we find him appoint- ed in the year 1747 one of the commissioners with Joshua Fry, Professor of Mathematicks in William and LIFE OF JEFFERSON. 9 Mary College, for determining the division line between Virginia and North Carolina ; an appointment no less creditable to his talents than his integrity, a confidence in the latter of which is peculiarly necessary in set- tling the boundaries between jealous and independent territories. After this service, he was again employed with the same gentleman to make a map of Virginia, the first which had ever been made, that of Captain Smith being indebted more to fancy and conjecture than to fact. The father of Thomas Jefferson died August 17, 1757, leaving a widow, who lived until 1776, and six daughters and two sons. To the young- est son he left his estate on James River ; to the eldest, with whose life we are engaged, the lands on which he was born, and lived, and died. Young Jefferson was placed at an English school at the age of five years ; and at a Latin one at the age of nine, where he continued until the death of his father. When that event happened, he was placed under the tuition of the Reverend Mr. Maury, whom he represents as a " correct classical scholar," and with whom he re- mained two years; when in the spring of 1760 he en- tered William and Mary College, and continued there the space of two years more. At the latter place it was his great good fortune, and what he considered as fixing the destinies of his life, that Doctor William Small, of Scotland, was then Professor of Mathemat- icks in the institution; "a man," says his pupil, "pro- found in most of the useful branches of science, with a happy talent of communication, of correct and gen- tlemanly manners, and with an enlarged and liberal mind." An attachment was soon formed between these m 2* 10 LIFE OF JEFFERSON. congenial spirits, and they became daily and insepara- ble companions. From the conversations of this learn- ed man, and true friend, Jefferson confesses that he first imbibed his views of the expansion of science, and of the system of things in which we are placed. Doctor Small returned to Europe in 1762, having first occupied the philosophical chair at the College, and filled up the measure of goodness to his young- friend by procuring for him a reception as a student at law under the direction of the celebrated George Wythe, the most distinguished man of his age, one of the signers of the Declaration of Independence, and afterwards Chancellor of the state of Virginia. With this gentleman he was also united not merely by the ties of professional connexion, but by a congeniality of feeling and similarity of views alike honourable to them both; the friendship formed in youth was cement- ed and strengthened by age, and when the venerable preceptor closed his life in 1806, he bequeathed his li- brary and philosophical apparatus to a pupil and friend who had already proved himself worthy of his instruc- tion and regard. In 1767 he was introduced to the practice of the law at the bar of the General Court of the colony, and at which he continued until the revolution. His legal career was not only pursued with zeal, but attended with overflowing success. In the short period he de- voted himself to it, he acquired an enviable reputation : and a monument of his professional labour and legal research still exists in a volume of reports of adjudged cases in the supreme courts of Virginia, compiled and digested amid the engagements of active occupation. LIFE OF JEFFERSON. 11 But his energy and talents were demanded by his fellow citizens for publick life, and his country would not permit him to remain in a private station, or attend to ordinary affairs; their hopes and desires already pointed to him, and their interests directed his aim to higher objects and more extensive usefulness. As early as the year 1769 he was elected a member of the pro- vincial legislature from the county where he resided, and continued a member of that body until it was clos- ed by the revolution. In consequence, he became as- sociated with men who will always stand in bold relief among the first, the most ardent, and most determined champions of our rights. While here, he made one strenuous but fruitless ef- fort for the emancipation of the slaves : so early had a love of liberty and a detestation of tyranny been im- printed on his mind. His failure is ascribed to the effect of the regal government, from which nothing liberal, or that innovated on established errour, could expect success. The minds of the generality were, fettered and circumscribed within narrow limits by an habitual belief that it was a duty to be subordinate to the mother country in all matters of government, to direct the colonial labours in subserviance to her inter- ests, and even to observe a bigoted intolerance for all religions but her own. " The difficulties with our representatives," he writes, " were of habit and despair, not of reflection and conviction." And thus this noble attempt was considered as the attempt of rashness, and met the fate of folly. And that which has since im- mortalized its authors and promoters, was first con- ceived by the mind and enforced by the eloquence of 12 LIFE OF JEFFERSON. Jefferson, and adds no fluttering pinion to his deathless renown. Ever since the year 1763, a spirit of opposition to the British government had been gradually arising in the province of Virginia, and this spirit was rapidly in- creasing, owing to the arbitrary measures of the mother country, which seemed to be the result no less of mad- ness than determined oppression. The attachment to England was great in all the colonies, and in Virginia it was more than usually strong; many of the princi- pal families, according to a popular writer, were con- nected with it by the closest ties of consanguinity ; the young men of talent were sent thither to complete their education in its colleges ; and by many, and those not the least patriotick, it was fondly looked to as their home. To sever so intimate a connexion could not be an undertaking of ordinary facility ; yet such was the rash course pursued by the British ministry, that a very brief space was sufficient to dissolve in every breast that glowed with national feeling, those ties which had been formed by blood, by time, and by policy. A very short experience and a slight converse with the politi- cal history of the world were sufficient to convince ev- ery mind that there were no hazards too great to be en- countered for the establishment of institutions which would secure the country from a repetition of insults that could only end in abject slavery. It cannot be doubted that Mr. Jefferson was among the first to per- ceive and suggest the only course that could be adopted. The convictions of his mind, and ardour of his feelings, may, in some measure, be judged, from his recollections of the powerful efforts of the celebrated Patrick Henry, LIFE OF JEFFERSON. 13 end of which he was a witness. " When the famous re- solutions of 1765 against the stamp act were proposed, I was yet a student of law in Williamsburgh. I attend- ed the debate, however, at the door of the lobby of the House of Burgesses, and heard the splendid display of Mr. Henry's talents as a popular orator. They were great indeed ; such as I never heard from any other man. He appeared to me to speak as Homer wrote." In Mr. Jefferson's opinion, Henry, one of the most em- inent, but at the same time the most indolent of men, was the first who gave impetus to the ball of the revo- lution in the province of Virginia. Such are the effects of oratorial eloquence I Its power is almost irresisti- ble : it penetrates, says one who seems to have been un- der the fascination of its influence, into the inmost re- cesses of the soul. It is able to excite or to calm the passions of men at will ; to drive the multitude forward to acts of rashness, or to say to the contending passions, " Peace, be still." It changes the whole current of our ideas concerning the nature and importance of objects, and of our obligations and advantages respecting them. , It rouses from pernicious indolence, and renders the sentiments and dispositions already formed most influ- ential. In a word, it has made of the human species both angels and monsters ; it has animated to the most noble and generous exertions, and it has impelled to deeds of horrour. It is in allusion to the events of the- same period that Mr. Jefferson writes : " The colonies were taxed inter- nally and externally ; their essential interests sacrificed to individuals in Great Britain ; their legislatures sus- pended; charters annulled; trials by juries taken 14 LIFE OF JEFFERSOFT. away j their persons subjected to transportation across the Atlantick, and to trial by foreign judicatories ; their supplications for redress thought beneath answer; themselves published as cowards in the councils of their mother country, and courts of Europe; armed troops sent amongst them to enforce submission to these violen- ces ; and actual hostilities commenced against them. No alternative was presented but resistance or uncon- ditional submission. Between these, there could be no hesitation. They closed in an appeal to arms." In 1769, shortly after the election of Mr. Jefferson to the provincial legislature, these discontents arrived at their crisis. In May of that year, a meeting of the General Assembly was called by the Governour, Lord Botetourt. To that meeting was made known the joint resolutions and address of the British Lords and Com- mons of 1768-9, on the proceedings in Massachusetts, Counter resolutions, and an address to the King, by the House of Burgesses, were agreed to with little op- position ; and a spirit manifestly displayed itself of con- sidering the cause of Massachusetts as a common one. The Governour dissolved the General Assembly in con- sequence of the sympathy which was thus exhibited by a majority of its members; but they met the next day in the publick room of the Raleigh Tavern, formed themselves into a convention, drew up articles of associ- ation against the use of any merchandise from Great Britain, and signed and recommended Ihem to the peo- ple. They then repaired to their respective counties j and were all re-elected except those few who had declin- ed assenting to their proceedings. On the first of January, 1772, Mr. Jefferson married LIFE OF JEFFERSON. 15 the daughter of Mr, John Wayles of Virginia, an alli- ance by which he at once gained an accession of strength and credit, and received, in the intervals of publick business, that domestick happiness he was so well fitted to partake and enjoy. Its duration, however, was but short ; in little more than ten years, death de- prived him of his wife, and left him the sole guardian of two infant daughters ; to whose education he devo- ted himself with a constancy and zeal, which might, in some measure, compensate for the want of a mother's care and instruction, Mr. Wayles was an eminent lawyer of the province, and having by his great industry, punctuality, and practical readiness, acquired a hand- some fortune, he died in May, 177 3, leaving three daugh- ters : the portion which came on that event to Mrs. Jef- ferson was about equal to the patrimony of her husband, and consequently doubled the ease of their circum- stances. After the dissolution of the Virginia legislature in 1769, nothing of particular excitement in the country occurred for a considerable length of time ; the nation appeared to have fallen into an apathy or insensibility to their situation ; although the duty on tea was not yet repealed, and the declaratory act of a right in the Bri- tish parliament to bind them by their laws in all cases, was still supended over them. But they at length aroused from their stupor. A court of inquiry held in Rhode Island in 1762, with a power to send persons to England to be tried for offences committed here, was thought to have aimed a deadly stab at the most sacred rights of the citizen, and as demanding the attention of the legislature of Virginia. The subject was taken. 16 LIFE OF JEFFERSON. up and considered a,t the spring session of 1773. On this occasion, Mr. Jefferson associated himself with several of the boldest and most active of his com- panions in the house, ("not thinking," as he says himself, "the old and leading members up to the point of forwardness and zeal which the times re- quired,") and with them formed the system of Com- mittees of Correspondence, in a private room, in the same Raleigh Tavern. They were sensible that the most urgent of all measures was that of coming to an understanding with all the other colonies, to consider the British claims as a common cause to all, and to pro- duce a unity of action; and for this purpose, that a committee of correspondence in each colony would be the best instrument for intercommunication, and that their first measure would probably be to propose a meet- ing of deputies from every colony, at some central place, who should be charged with the direction of the meas- ures which should be taken by all. In furtherance of these views, the following resolutions were drawn up, and probably proceeded from his pen: " Whereas the minds of his majesty's faithful subjects in this colony have been much disturbed by various ru- mours and reports of proceedings tending to deprive them of their ancient legal and constitutional rights: "And whereas the affairs of this colony are frequent- ly connected with those of Great Britain, as well as the neighbouring colonies, 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 mentioned : " Be it resolved, that a standing committee of corres- LIFE OF JEFFERSON. 17 pondence and inquiry be appointed, to consist of eleven persons, to wit: the Honourable Peyton Randolph, Esq. Robert C. Nicholas, Richard Bland, Richard H. Lee, Benjamin Harrison, Edmund Pendleton, Patrick Hen- ry, Dudley Digges, Dabney Carr, Archibald Gary, and Thomas Jefferson, Esquires ; any six of whom to be a committee, whose business it shall be to obtain the most early and authentick intelligence of all such acts and resolutions of the British parliament, or proceedings of administration, as may relate to or affect the British colonies in America ; and to keep up and maintain a correspondence and communication with our sister co- lonies respecting those important 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 com- mittee, that they do, without delay, inform themselves particularly of the principles and authority on which was constituted a Court of Inquiry 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 contradicente. " Resolved, that the Speaker of this house do trans- mit to the Speakers of the different Assemblies of the British colonies on this 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 3 18 LIFE OF JEFFERSON. to communicate from time to time with the said com- mittee." The consulting members proposed to Mr. Jefferson to move these resolutions : but he urged that it should be done by Mr. Carr, his friend and brother-in-law, then a new member, and to whom he wished an oppor- tunity should be given of making known to the house his great worth and talents. It was so agreed : he moved them, they were adopted without a dissenting voice, and a committee of correspondence appointed, of whom Peyton Randolph, the Speaker, was chairman. The Governour (then Lord Dunmore) immediately dissolved the house : but the committee met next day, prepared a circular letter to the Speakers of the other cdlonies, inclosing to each a copy of the resolutions, and left it in charge with their chairman to forward them by expresses. We would step aside one moment, for the purpose of introducing Mr. Wirt's description of the mind and manners of the gentleman who first presented these res- olutions to the house. "In supporting these resolu- tions," says he, " Mr. Carr made his debut, and a noble one it is said to have been. This gentleman, by pro- fession a lawyer, had recently commenced his practice at the same bars with Patrick Henry; and although he had not yet reached the meridian of life, he was con- sidered by far the most formidable rival in forensick el- oquence that Mr. Henry had ever yet had to encounter. He had the advantage of a person at once dignified and engaging, and the manner and action of an accom- plished gentleman. His education was a finished one, his mind trained to correct thinking, his conceptions LIFE OF JEFFERSON, 19 quick, and clear, and strong ; he reasoned with great cogency, and had an imagination which enlightened beautifully, without interrupting or diverting the course of his argument. His voice was finely toned ; his feel- ings acute ; his style free, and rich, and various ; his devotion to the cause of liberty verging on enthusiasm ; and his spirit firm and undaunted, beyond the possibili- ty of being shaken. With what delight the House of Burgesses hailed this new champion, and felicitated themselves on such an accession to their cause, it is easy to imagine. But what are the hopes and expectations of mortals ? In two months from the time at which this gentleman stood before the House of Burgesses, in all the pride of health, and genius, and eloquence, he was no more ! Lost to his friends and his country, and disappointed of standing in that noble triumph which awaited the illustrious band ojf his compatriots." We have similar testimony from a different pen. " I well remember," says an eyewitness, "the pleasure expressed in the countenances and conversation of the members generally in this debut of Mr. Carr, and the hopes they conceived, as well from the talents as the patriotism it manifested. But he died within two months after, and in him we lost a powerful fellow la- bourer. His character was of a high order, a spotless integrity, sound judgement, handsome imagination, en- riched by education and reading ; quick and clear in his conceptions ; of correct and ready elocution ; im- pressing every hearer with the sincerity of the heart from which it flowed. His firmness was inflexible in whatever he thought right ; but when no moral princi- ple was in the way, never had man more of the milk 20 LIFE OF JEFFERSON. of human kindness, of indulgence, of softness, of pleas- antry in conversation and conduct. The number of his friends, and the warmth of their affections, were proofs of his worth, and their estimate of it." This was the first and only speech of Mr. Carr in the House of Representatives. He died the 16th of May, 1773, in the thirtieth year of his age. . This system of corresponding committees between the legislatures of the different colonies, which was thus adopted as the best instrument for communication between the respective colonies, and by which they might be brought to a mutual understanding and a uni- ty of action, has since been asserted to have arisen in Massachusetts, and Judge Marshall, in his Life of Washington, has fallen into the errour. But Mr. Jef- ferson, and no doubt correctly, asserts the contrary. He imagines the mistake to have arisen from confound- ing together two distinct committees : adding, " Thus in Massachusetts there were two committees of cor- respondence, one chosen by the people, the other ap- pointed by the House of Assembly ; in the former, Mas- sachusetts preceded Virginia ; in the latter, Virginia preceded Massachusetts. To the origination of com- mittees for the interiour correspondence between the counties and towns of a state, I know of no claim on the part of Virginia, and certainly none was ever made by myself." And the letter of Samuel A. Wells, Esquire, to Mr. Jefferson, and the answer of the latter of May 12th, 1829, show conclusively that Massachu- setts did not adopt the measure, but on receipt of the? proposition from Virginia, and which was delivered at their next session. LIFE OF JEFFERSON. 21 On the twelfth of March, 1773, Mr. Jefferson was chosen a member of the first committee of correspond- ence established by the colonial legislatures, the act already alluded to, as the most important of the revo- lution in preparing the way for that union of sentiment and action from whence arose the first effective resist- ance, and on which depended the successful progress and final triumph of the cause. The year 1774 found Mr. Jefferson still actively en- gaged in his duties as a member of the legislature of Virginia. The passage by Parliament of the Boston Port Bill, by which that port was to be shut up on the first of June, 1774, was the next event which aroused the indignation and excited the sympathies of the house. It arrived while they were in session in the spring of 1774. It was at this crisis that Mr. Jeffer- son wrote, and the members, though not then adopting as resolutions, afterwards published his "Summary View of the Rights of British America;" and in which he maintained what was then thought by many a bold position, but which he considered as the only orthodox and tenable one : that the relation between Great Brit- ain and the colonies was exactly the same as that of England and Scotland, after the accession of James, and until the union, and the same as her present rela- tion with Hanover, having the same executive chief, but no other necessary political connexion ; and that our emigration from England to this country gave her no more rights over us, than the emigration of the Danes and Saxons gave to the authorities of the mother country over England. " In this doctrine, however," says he, " I had nerei 3* 22 LIFE OF JEFFERSON. been able to get any one to agree with me but Mr. Wythe. He coincided in it from the first dawn of the question, What was the political relation between us and England? Our other patriots, Randolph, the Lees, Nicholas and Pendleton, stopped at the half-way house of John Dickinson, who admitted that England had a right to regulate our commerce and to lay duties on it for the purpose of regulation, but not of raising rev- enue. But for this ground there was no foundation in compact in any acknowledged principles of coloniza- tion, nor in reason : expatriation being a national right, and acted on as such by all nations, in all ages." This pamphlet is addressed to the king, as the chief officer of the people, appointed indeed by the laws, but circumscribed by definitive power, to carry into effect that institution of government erected by themselves for their use and benefit, and consequently subject to their superintendence. He reminded him that our an- cestors had been British freemen ; that they had ac- quired their settlements here at their own expense and blood ; that it was for themselves they fought, for them- selves they conquered ; and for themselves alone they had a right to hold. That they had indeed thought proper to adopt the same system of laws under which they had hitherto lived, and to unite themselves under a common sovereign ; but that no act of theirs had ever given a title to that authority, which the British par- liament arrogated; that the crown had unjustly com- menced its encroachments, by distributing the settle- ments among its favourites, and the followers of its for- tunes ; that it then proceeded to abridge the free trade which the colonies possessed as of natural right with all LIFE OF JEFFERSON. 23 parts of the world; and that afterwards offices were es- tablished of little use but to accommodate the ministers and sycophants of the crown. That during the reign of the sovereign whom he immediately addressed, the vi- olation of rights had increased in rapid and bold suc- cession ; being no longer single acts of tyranny, that might be ascribed to the accidental opinion of a day; but a series of oppressions pursued so unalterably through every change of ministers, as to prove too plain- ly a deliberate and systematical plan of reducing the colonies to slavery. He next proceeds, in a style of the boldest invective, to point out the several acts by which this plan has been enforced, and enters against them a solemn and determined protest. He then considers the conduct of the king as holding an executive authority in the colonies, and points out, without hesitation, his deviation from the line of duty ; he asserts that by the unjust exercise of his negative power, he had rejected laws of the most salutary tendency ; that he had defeat- ed repeated attempts to stop the slave trade and abol- ish tyranny ; thus preferring the immediate advantages of a few African corsairs, to the lasting interests of America, and to the rights of human nature, deeply wounded- by this infamous practice. That, inattentive to the necessities of his people, he had neglected for years the laws which were sent for his inspection ; and that, assuming a power, for advising the exercise of which, the English judges, in a former reign, had suffered death as traitors to their country, he had dissol- ved the representative assemblies, and refused to call others. That to enforce these, and other arbitrary measures, he had from time to time sent over large 24 LIFE OF JEFFERSON. bodies of armed men, not made up of the people here, nor raised by the authority of their laws. That to ren- der these proceedings still more criminal, instead of subjecting the military to the civil powers, he had expressly made the latter subordinate to the former. That these grievances were thus laid before their sovereign, with that freedom of language and senti- ment which became a free people, whom flattery would ill beseem, when asserting the rights of human nature. In all this we perceive the germe of that national declaration, which so shortly succeeded it ; many of the same bold truths, and in the same bold language, In these sentiments, however, bold as they were, his political associates joined with him ; they considered those acts of oppression directed against the colonies of New England, acts in which all were concerned, and an attack on the liberties and immunities of every other province. They accordingly resolved, that the first day of June, the day on which the Boston Port Bill was to go into operation, should be set apart by the members as a day of fasting, humiliation and prayer, " devoutly to implore the divine interposition for averting the heavy calamities which threatened destruction to their civil rights, and the evils of a civil war; and to give them one heart and one mind, to oppose by all just and proper means every injury to American rights." Lord Dunmore, the royal Governour of the province, tould not be otherwise than highly exasperated at such proceedings. Mr. Jefferson, who had boldly avowed himself the author of the obnoxious pamphlet, was threatened with a prosecution by him for high treasun j LIFE OF JEFFERSON. 25 and the House of Burgesses was immediately dissolved after their daring publication. Notwithstanding these measures, the members met in their private capacities, and mutually signed a spirited publication, setting forth the unjust conduct of the Governour, who had left them this, their only method, to point out to their countrymen the measures they deemed the best calculated to secure their liberties from destruction by the arbitrary hand of power. They told them that they could no longer resist the conviction, that a determined system had been formed to reduce the inhabitants of British America to slavery, by subjecting them to taxation without their consent, by closing the port of Boston, and raising a revenue on tea. They therefore strongly recommend- ed a closer alliance with the sister colonies, the forma- tion of committees of correspondence, and the annual meeting of a General Congress ; and earnestly hoping that a persistance in these principles would not compel them to adopt measures of a more decisive character. The pamphlet having found its way to England, it was taken up by the opposition, and, with a few inter- polations by the celebrated Edmund Burke, passed through several editions. It procured for its author considerable reputation, and likewise the dangerous honour of having his name placed on a list of proscrip- tions in a bill of attainder, which was commenced in one of the houses of parliament, but was speedily sup- pressed. In the same bill the names of Hancock, the two Adamses, Peyton Randolph, and Patrick Henry, were inserted. We are now rapidly approaching the most important 26 LIFE OF JEFFERSON. event in the life of Mr. Jefferson, and in the history of his country. The year 1775 opened, in England, with strenuous attempts by the friends, and apparent ones by the ene- mies of the colonies, to effect a reconciliation. The certain intelligence which had been received of the transactions of Congress, and the astonishing concord which prevailed in America, made the ministers loath to embrace extreme counsels, and inclined to relax somewhat of their rigour, and to leave an opening for accommodation. Lord North even intimated to the American merchants then in London, that i'f they pre- sented petitions, they should meet attention. But in the midst of these glimmerings of peace, the news ar- rived of the schism of New York ; an event of great moment in itself, and promising consequences still more important. The minister felt his pride revive: he would no longer hear of petitions or accommodation. Things turned anew to civil war and strife. All the papers relating to the affairs of America, were laid be- fore the two houses. The great Chatham, perceiving the obstinacy of the ministers in their resolution to persist in the course of measures they had adopted, and fearing that it might result in the most disastrous ef- fects, pronounced a long and most extremely eloquent discourse in favour of the colonies, and was heard with solemn and rapt attention. After having repulsed with a sort of disdain the peti- tions of the colonies, and those presented in their favour by the islands of the West Indies, and even by Eng- land herself; and after having rejected all the counsels of the party in opposition, the ministers unveiled LIFE OF JEFFERSON. 27 their schemes, and announced in the presence of the two houses the measures they intended to pursue, in or- der to reduce the colonies to subjection. They pronounced that the province of Massachu- setts was found in a state of rebellion ; and it was proposed that in the address of the king it should be declared that rebellion existed in the province of Mas- sachusetts, and that it was supported and fomented by illegal' combinations and criminal compacts with the other colonies, to the great detriment of many subjects of his majesty. This proposition of the ministers was put to vote, and carried by a majority of two thirds of the house. Lord North then proposed a new bill, the object of which was to restrict the commerce of New England to Great Britain, Ireland, and the West India islands, and prohibit, at the same time, the fishery of Newfound- land. This bill was also approved by a great majority. The opposition protested; the ministers scarcely deign- ed to perceive it. But the counsels of the ministers ended not here. Wishing to blend with rigour a certain clemency, and also to prevent new occasions of insurrection in the colonies, they brought forward the project of a law, purporting that when in any province or colony, the Governour, Council, Assembly, or General Court, should propose to make provisions according to their re- spective conditions, circumstances and faculties, for con- tributing their proportion to the common defence; such proportion to be raised under the authorities of the General Court or Assembly in each province or colony, and disposable by Parliament ; and should engage to 28 LIFE OF JEFFERSON. make provision also for the support of the civil gov- ernment, and the administration of justice in such prov- ince or colony; it would be proper, if such proposal should he approved by the King in his Parliament, and for so long as such provision should be made ac- cordingly, to forbear, in respect of such province or colony, to impose any duties, taxes, or assessments, ex- cept only such as might be thought necessary for the regulation of commerce. This likewise received the usual large majority in its favour, with directions to lay it before the respective provincial legislatures. It was at least hoped that if the scheme did not finally succeed, it might produce disunion or discontent. Accordingly, on the first of June, 1775, this resolu- tion was presented by Lord Dunmore, the Governour, to the legislature of Virginia ; and Mr. Jefferson was selected by the committee, to whom it was referred, to frame the reply. This was done with so much force of argument, enlarged patriotism, and sound political discretion, that it will ever be considered as a document of the highest order. It concludes in these words : * These, my Lord, are our sentiments on this impor- tant 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 communicated to us. For ourselves, we have exhausted every mode of application which our invention could suggest as proper and promising. We have decently remonstra- ted with Parliament: they have added new injuries to the old. We have wearied our King with supplica- tions : he has not deigned to answer us. We have LIFE OF JEFFERSON. 29 appealed to the native honour and justice of the British nation : their efforts in our favour have hitherto been ineffectual. What, then, remains to be done? That we commit our injuries to the even-handed justice of that Being- who doth no wrong, earnestly beseeching him to illuminate the couici'.s, and prosper the endeavours of those to whom America hath, confided her hopes ; that, through their wise directions, we may again see reunited the blessings of liberty, prosperity, and har- mony with Great Britain." When this address had been passed, Mr. Jefferson immediately proceeded to Congress, which was then in session, and gave them the first notice they had of it. It was highly approved of by them. He had been elected on the twenty-seventh of March, 1775, one of the members to represent Virginia in the General Con- gress already assembled at Philadelphia, but had de- layed his departure until now at the request of Mr, Randolph, who was fearfal the draughting of the ad- dress alluded to would, in his absence, have fallen into feebler hands. An elegant biographer asserts: " When about to leave the colony, a circumstance , is stated to have occurred to him, and to Mr. Harrison and Mr. Lee, his fellow delegates, that conveyed a noble mark of the unbounded confidence which their constituents reposed in their integrity and virtue. A portion of the inhabit- ants, who, far removed from the scenes of actual tyranny which were acted in New England, and pursuing unin- terruptedly their ordinary pursuits, could form no idea of the slavery impending over them, waited on their three representatives, just before their departure, and addressed them in the following terms : 4 30 LIFE OF JEFFERSON. 11 You assert that there is a fixed design to invade our rights and privileges ; we own that we do not see this clearly, but since you assure us that it is so, we believe the fact. We are about to take a very danger- ous step ; but we confide in you, and are ready to sup- port you in every measure you shall think proper to adopt." On the twenty-first of June, 1775, Mr. Jef- ferson appeared, and took his seat in the Continental Congress. In this new capacity he persevered in the decided tone which he had assumed, always maintain- ing that no accommodation should be made between the two countries, unless on the broadest and most lib- eral principles ; and here, as elsewhere, he soon ren- dered himself conspicuous among the most able and distinguished men of the day. On the twenty-fourth of the same month, a committee which had been ap- pointed to prepare a declaration setting forth the causes and necessity of resorting to arms, brought in their re- port, (drawn up, as it was believed, by J. Rutledge,) which, not being approved of, the house recommitted it, and added Mr. Dickinson and Mr. Jefferson to the committee. It is on this occasion that Mr. Jefferson relates the following circumstance : " On the rising of the house, the committee having not yet met, I happen- ed to find myself near Governour W. Livingston, and proposed to him to draw the paper, fie excused him- self, and proposed that I should draw it. On my pres- . sing him with urgency, ' We are as yet but new ac- quaintances, sir,' said he, 'why are you so earnest for my doing it ?' 'Because,' said I, ' I have been informed that you drew the address to the people of Great Britain, a production, certainly, of the finest pen in America.' LIFE OF JEFFERSON. 31 * On that,' says he, 'perhaps, sir, you may not have been correctly informed.' I had received the information in Virginia, from Colonel Harrison, on his return from that Congress. Lee, Livingston, and Jay, had been, the committee for the draught. The first, prepared by Lee, had been disapproved and recommitted. The sec- ond was drawn by Jay, but being presented by Gov- ernour Livingston, had led Colonel Harrison into the errour. The next morning, walking in the Hall of Congress, many members being assembled, but the house not yet formed, I observed Mr. Jay speaking to R. H. Lee, and leading him by the button of his coat to me. * I understand, sir,' said he to me, * that this gen- tleman informed you, that Governour Livingston drew the address to the people of Great Britain.' I assur- ed him at once that I had not received that information from Mr. Lee, and that not a word had ever passed on the subject between Mr. Lee and myself; and after some explanations, the subject was dropped. These gentlemen had had some sparrings in debate before, and continued ever very hostile to each other." Mr. Jefferson prepared the draught of the declara- tion committed to them. It was drawn with singular ability, and exhibited his usual firmness and discretion; but it was considered as too decided by Mr. Dickinson. He still nourished the hope of a reconciliation with Great Britain, and was unwilling it should be lessened by what he considered as offensive statements. He was so honest a man, says Mr. Jefferson, and so able a one, that he was greatly indulged even by those who could not feel his scruples. He was therefore request- ed to take the paper and put it in a form he could ap- 32 LIFE OF JEFFERSON. prove. He did so, preparing an entire new statement, and preserving of the former only the last four para- graphs and half of the preceding one. The committee approved and reported it to Congress, who accepted it. Congress, continues Mr. Jefferson, gave a signal proof of their indulgence to Mr. Dickinson, and of their great desire not to go too fast for any respectable part of their hody in permitting him to draw their second petition to the King, according to his own ideas, and passing it with scarcely any amendment. The dis- gust against its humility was general; and Mr. Dick- inson's delig-ht at its passage, was the only circum- stance which reconciled them to it. The vote being passed, although further observation on it was out of order, he could not refrain from rising and expressing his satisfaction, ajid concluded by saying, l There is but one word, Mr. President, in the paper, \vhich I disap- prove, and that is the word Congress ;" on which Mr. B. Harrison rose and replied, " There is but one word in the paper, Mr. President, of which I approve, and that is the word Congress." Lord North's conciliatory resolution coming before the house, Mr. Jefferson, as one of the committee, was requested to prepare the report on the same. The an- swer of the Virginia Assembly on the same subject having been approved, will account for any similarity between the two reports, they both having proceeded from the same hand. O the eleventh of August, Mr. Jefferson was again elected a delegate from Virginia, to the third Congress. Though constantly and actively engaged during the winter in the various matters which engaged the atten- LIFE OF JEFFERSON. 33 tion of the house, yet he seems rather to have devoted himself to objects of general policy, the arrangement of general plans and systems of action, the investigation of important documents, and objects of a similar na- ture, than to the details of active business, for which other members could probably be found equally well qualified. The eventful year of 1776 set in, and brought with it a new aspect, one of more energy, and with motives and objects more decided and apparent. "Eighteen, months," says an able writer, " had passed away, since the colonists had learned by the entrenchments at Bos- ton, that a resort to arms was an event not beyond the contemplation of the British ministry ; nearly a year had elapsed, since the fields of Concord and Lexington had been stained with hostile blood ; during this inter- val armies had been raised, vessels of war had been equipped, fortifications had been erected, gallant ex- ploits had been performed, and eventful battles had been lost and won ; yet still were the provinces bound to their British brothers by the ties of a similar allegi- ance ; still did they look upon themselves as members of the same empire, subjects of the same sovereign, and partners in the same constitution and laws. They ac- knowledged, that the measures they had adopted were not the result of choice, but the exercise of a right, if not a duty, resulting from this very situation ; they confessed that they were engaged in a controversy pe- culiarly abhorrent to their affections, of which the only object was to restore the harmony formerly existing be- tween the two countries, and to establish it on so firm a basis as to perpetuate its blessings uninterrupted by 4* 34 LIFE OF JEFFERSON. any future dissensions to succeeding generations in both nations." But patience has its limits, though aggression and abuse may know no end : and there is a period when the duty which man owes not only to himself but his posterity prohibits all further forbearance. Actuated by such feelings and sentiments, the Convention of Virginia, on the 15th of May, 1776, instructed their delegates in Congress to propose to that body to declare the colonies independent of Great Britain, and appoint- ed a committee to prepare a declaration of rights and plan of government. Every thing relating to so important a document as the Declaration of Independence must be of vital in- terest : a document which assigns the reasons for the separation of the colonies from Great Britain ; which appeals to heaven for the justness of their cause ; which bears the signatures of some of the firmest patriots that ever existed ; and which resulted in giving a new and mighty empire to the world. More particularly, in a work of this kind, is such notice due to a production which links inseparably the name of Jefferson to that of his country. Of its discussion from its commence- ment until its final adoption, we have for the first time a correct account in actual notes of Mr. Jefferson, late- ly published, and made at the time. From these notes we propose to make liberal extracts of the most inter- esting matters : the arguments of debate on each side are peculiarly so: and that the publick may have the information in a portable form. In Congress, Friday, June 7, 1776. The delegates from Virginia moved in obedience to instructions from LIFE OF JEFFERSON. 35 their constituents, that the Congress should declare that these United Colonies are, and of right ought to be, free and independent states ; that they are absolved from all allegiance to the British crown, and that all political connexion between them and the state of Great Britain is, and ought to be, totally dissolved; that measures should be immediately taken for procur- ing the assistance of foreign powers, and a confedera- tion be formed to bind the colonies more closely together. The house being obliged to attend at that time to eome other business, the proposition was referred to the next day, when the members \vere ordered to attend punctually at ten o'clock. Saturday, June 8th. They proceeded to take it into consideration, and referred it to a committee of the whole, into which they immediately resolved them- selves, and passed that day and Monday the 10th, in de- bating on the subject. It was argued by Wilson, Robert R, Livingston, E. Rutledge, Dickinson, and others That though they were friends to the measures themselves, and saw the impossibility that we should ever again be united with Great Britain, yet they were, against adopting them at this time: That the conduct we had formerly observed waa wise and proper now, of deferring tatake any capital 6tep till the voice of the people drove us into it : That they were our power, and without them our declarations could not be carried into effect : That the people of the middle colonies (Maryland, Delaware, Pennsylvania, the Jerseys, and New York) were not yet ripe for bidding adieu to British, connex- 36 LIFE OF JEFFERSON. ion, but that they were fast ripening, and in a short time would join in the general voice of America : That the resolution, entered into by this house on the 15th of May, for suppressing the exercise of all powers derived from the crown, had shown, by the fer- ment into .which it had thrown these middle colonies, that they had not yet accommodated their minds to a separation from the mother country: That some of them had expressly forbidden their delegates to consent to such a declaration, and others had given no instructions, and consequently no powers, to give such consent: That if the delegates of any particular colony had no power to declare such colony independent, certain they were, the others could not declare it for them ; the colonies being as yet perfectly independent of each other : That the Assembly of Pennsylvania was now sitting above stairs, their Convention would sit within a few days, the Convention of New York was now sitting, and those of the Jerseys and Delaware counties would meet on the Monday following, and it was probable these bodies would take up the question of indepen- dence, and would declare to their delegates the voice of their state: That if such a declaration should now be agreed to, these delegates must retire, and possibly their col- onies might secede from the Union : That such a secession would weaken us more than could be compensated by any foreign alliance : That in the event of such a division, foreign powers would either refuse to join themselves to our fortunes, LIFE OF JEFFERSON. 37 or, having us so much in their power as that desperate declaration would place us, they would insist on terms proportionably more hard and prejudicial : That we had little reason to expect an alliance with those to whom alone, as yet, we had cast our eyes : That France and Spain had reason to be jealous of that rising power, which would one day certainly strip them of all their American possessions: That it was more likely they should form a connex- ion with the British court, who, if they should find themselves unable otherwise to extricate themselves from their difficulties, would agree to a partition of our territories, restoring Canada to France, and the Flori- das to Spain, to a'ccomplish for themselves a recovery of these colonies : That it would not be long before we should receive certain information of the disposition of the French court, from the agent whom we had sent to Paris for that purpose: That if this disposition should be favourable, by wait- ing the event of the present campaign, which we all hoped Avould b successful, we should have reason to expect an alliance on better terms: That this would in fact work no delay of any effectu- al aid from such ally, as, from the advance of the sea- son and distance of our situation, it was impossible we could receive any assistance during this campaign: That it was prudent to fix among ourselves the terms on which we would form alliance, before we declared we would form one at all events : And that if thes? were agreed on, and our declaration of independence ready by the time our ambassador should 38 LIFE OF JEFFERSON. be prepared to sail, it would be as well, as to go into that declaration at this day. On the other side, it was urged by J. Adams, Lee, Wytheand others, that no gentleman had argued against the policy or the right of separation from Britain, nor had supposed it possible we should ever renew our connexion ; that they had only opposed its being now declared : That the question was not whether, by a declaration of independence, 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 efficacy from our acquiescence only, and not from any rights they possessed of impos- ing them, and that so far our connexion had been fed- eral only, and was now dissolved by the commencement of hostilities: That, as to the King, we had been bound to him by al- legiance, but that this bond was now dissolved by his assent to the late act of Parliament, by which he de- clares 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 allegi- ance and protection are reciprocal, the one ceasing when the other is withdrawn: That James the II. never declared the people of England out of his protection ; yet his actions proved it, and the parliament declared it: No delegates then can be denied, or ever want, a power of declaring an existent truth; LIFE OF JEFFERSON. 39 That the delegates from the Delaware counties hav- ing declared their constituents ready to join, there are only two colonies, Pennsylvania 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 Council of London, which had come to hand four days ago, must have sat- isfied every one of this point: That the people wait for us to lead the way: That they are in favour of the measure, though the instructions given by some of their representatives are not : That the voice of the representatives is not always consonant 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 Pennsylvania and Maryland, called forth the opposing voice of the freer part of the people, and proved them to be the majority even in these colo- nies : That the backwardness of these two colonies might be ascribed partly to the influence of proprietary pow- 40 LIFE OF JEFFERSON. er and connexions, and partly to their having not yet been attacked by the enemy : That these causes were not likely to be soon remov- ed, as there seemed 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 ques- tion: That the conduct of some colonies, from the begin- ning of this contest, had given reason to suspect it was their settled policy to keep in the rear of the confeder- acy, that their particular prospect might be better, even in the worst event; That, therefore, it was necessary for those colonies who had thrown themselves forward and hazarded all from the beginning, to come forward now also, and put all again to their own hazard : That the history of the Dutch revolution, of whom three states only confederated at first, proved that a se- cession of some colonies would not be so dangerous as some apprehended : That a declaration of independence alone could ren- der it consistent with European delicacy, fjr European powers to treat with us, or even to receive an ambassa- dor from us : That till this, they wculd not receive our vessels in- to their ports, nor acknowledge the adjudications of our courts of admiralty to be legitimate, incases of capture of British vessels : That though France and Spain may be jealous of our rising power, they must think it will be much more LIFE OF JEFFERSON. 41 formidable with the addition of Great Britain ; and will therefore see it their interest to prevent a coalition ; but should they refuse, we shall be but where we are ; whereas, without trying, we shall never know wheth- er they will aid us or not : That the present campaign may be unsuccessful, and therefore we had better propose an alliance while our affairs wear a hopeful aspect : That to wait the event of this campaign will certain- ly work delay, because, during this summer, France may assist us effectually, by cutting off those supplies of provisions from England and Ireland, on which the enemy's army 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 : That it would be idle to lose time in settling the terms of alliance, till we had first determined we should 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 payment of taxes : And that the only misfortune is, that we did not en- ter into alliance with France six months sooner, as, be- sides opening her ports for the vent of our last year's produce, she might have marched an army into Ger- many, and prevented the petty princes there from sell' ing their unhappy subjects to subdue us. It appearing, in the course of these debates, that the colonies of New Ybrk, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina, were not yet matured for falling from the parent stem, but that they 5 42 LIFE OF JEFFERSON. were fast advancing to that state, it was thought most prudent to wait awhile for them, and to postpone the final decision to July 1st: but, that this might occasion as little delay as possible, a committee was appointed to prepare a declaration of independence. The com- mittee were John Adams, Dr. Franklin, Roger Sher- man, Robert R. Livingston, and myself. Committees were also appointed, at the same time, to prepare a plan of confederation for the colonies, and to state the terms proper to be proposed for foreign alliance. The com- mittee for drawing the declaration of independence de- sired me to do it. It was accordingly done, and being approved by them, I reported it to the house on Friday the 28th oif June, when it was read and ordered to lie on the table. On Monday, the 1st of July, the House re- solved itself into a committee of the whole, and resumed the consideration of the original motion made by the delegates of Virginia, which being again debated through the day, was carried in the affirmative by the votes of New Hampshire, Connecticut, Massachusetts, Rhode Island, New Jersey, Maryland, Virginia, North Carolina, and Georgia. South Carolina and Penn- sylvania voted against it. Delaware had but two members present, and they were divided. The delegates from New York declared they were for it themselves, and were assured their constituents were for it ; but that their instructions having been drawn near a twelvemonth before, when re- conciliation was still the 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 LIFE OF JEFFERSON. 43 withdraw from the question, which was given them. The committee rose and reported their resolution to the house. Mr. Edward Rutledge, of South Carolina, then requested the determination might he put off to the next day, as he believed his colleagues, though they disapproved of the resolution, would then join in it for the sake of unanimity. The ultimate question, whether the house would agree to the resolution of the committee, was accordingly postponed to the next day, when it was again moved, and South Carolina concur- red 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 favour of the resolution. Members of a different sentiment attending that morn- ing from Pennsylvania also, her vote was changed, so that the whole twelve colonies, who were authorized to vote at all, gave their voices for it ; and within a few days the Convention of New York approved of it, and thus supplied the void occasioned by the withdrawing of her delegates from the vote. Congress proceeded the same day to consider the Declaration of Independence, which had been reported and laid on the table the Friday preceding, and on Monday referred it to a committee of the whole. The pusillanimous idea that we had friends in England worth keeping terms with, still haunted the minds of many. For this reason, those passages which convey- ed censure 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 compliance to South Carolina and Georgia, who had never attempted to restrain the in> 44 LIFE OF JEFFERSON. * V "' portation of slaves, and who, on the contrary, still wish- ed to continue it. Our northern brethren also, I be- lieve, felt a little tender under those censures ; for though their people had very few slaves themselves, yet they had been pretty considerable carriers of them to others. The debates having taken up the greater part of the 2d, 3d, and 4th days of July, were, on the evening of the last, closed ; the declaration was reported by the committee, agreed to by the house, and signed by eve- ry member present, except Mr. Dickinson. The declaration as it was originally presented to Congress, and as it was subsequently published to the world, is here given, as peculiarly proper to be inserted in a memoir of its illustrious author; marking in ital- icksihe words which were erased by Congress, and in- troducing between brackets the additions and substitu- tions that were made before it received the sanction of that body. It is as follows :: " When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to as- sume among the powers of the earth the separate and equal station to which the laws of nature and of na- ture's God entitle them, a decent respect to the opin- ions of mankind requires that they should declare the causes which impel them to the separation. " We hold these truths to be self-evident : that all men are created oqual ; that they are endowed by their Creator with [certain] inherent and inalienable rights ; that among these are life, liberty, and the pursuit of hap- . , ' ># '.'.. r- LIFE OF JEFFERSON. 45> piness ; 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 becomes destructive of these ends, it is the right of the people to alter or abolish it, and to in- stitute 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 accordingly, all ex- perience hath shown that mankind are more disposed to suffer while evils are sufferable, than to right them- selves by abolishing the forms to which they are ac- customed. But when a long train of abuses and usur- pations, begun at a distant period and pursuing invariably the same object, evinces a design to re- duce them 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 these colonies, and such is now the necessity which constrains them to [alter] expunge their former systems of government. " The history of the present King of Great Britain is a history o'f [repeated] unremitting injuries and usurpations, among which appears no solitary fact to contradict the uniform tenour of 'the rest ; but all have [all having] in direct object, the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world, for the truth of which we pledge a faith yet unsullied by false- hood. 5* 46 LIFE OF JEFFERSON. "He has refused his assent to laws the most whole-- some and necessary for the publick good. " He has forbidden his Governours to pass laws of immediate 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 accom- modation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them, and formi- dable to tyrants only. " He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their publick records, for the sole purpose of fa- tiguing them into compliance with his measures. " He has dissolved representative houses repeatedly and continually, for opposing with manly firmness his invasions on the rights of the people- " He has refused, for a long time after such dissolu- tions, to cause others to be elected ; whereby the legis- lative powers, incapable of annihilation, have returned to the people at large for their exercise ; the state re- maining in the mean time exposed to all the dangers of invasion from without and convulsions within. " He has endeavoured to prevent the population of these states ; for that purpose obstructing the laws for naturalization of foreigners, refusing to pass others to encourage their migrations hither ; and raising the con- ditions of new appropriations of lands. 11 He has suffered [obstructed] the administration of justice totally to cease in some of these states, [byl OF JEFFERSON. 4T refusing his assent to laws for establishing judiciary powers. " He has made our judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries. " He has erected a multitude of new offices, by a self-assumed power, and sent hither swarms of officers to harass our people, and eat out their substance. " He has kept among us in times of peace, standing armies and ships of war, without the consent of our legislatures. " He has affected to render the military independent of and superiour to the civil power. " He has combined with others to subject us to a jurisdiction foreign to our constitution, and unac- knowledged 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 mock trial, from punish- ment 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 [in many cases} of the benefits- of trial by jury : " For transporting us beyond seas to be tried for pretended offences : " For abolishing the free system of English laws in, a neighbouring province, establishing therein an ar- bitrary government, and enlarging its boundaries, so> I 48 LIFE OF JEFFERSON. as to render it at once an example and fit instrument for introducing the same absolute rule into these states [colonies :] " For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments : " For suspending our own legislatures, and declar- ing themselves invested with power to legislate for us in all cases whatsoever : " He has abdicated government here, withdrawing his Governours, and [by] declaring us out of his allegiance and protection, [and waging war against us :] " He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our peo- ple : " He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun with circum- stances of cruelty and perfidy, [scarcely paralleled in . the most barbarous ages, and totally] unworthy the head of a civilized nation. "He has constrained our fellow citizens taken captive on the high seas to bear arms against their country, to- become the executioners of their friends and brethren, or to fall themselves by their hands. " He has [excited domestick insurrections among us, and has] endeavoured to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare is an undistinguished destruc- tion of all ages, sexes, and conditions of existence. " He has incited treasonable insurrections of our LIFE OF JEFFERSON. 49 s fellow citizens, with the allurements of forfeiture and confiscation of our property. "He has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur misera- ble death in their transportation thither. This piratical warfare, the opprobrium of INFIDEL pow- ers, is the war fare of the CHRISTIAN King of Great Britain. Determined to keep open a market where MEN should be bought and sold, he has prostituted his negative for suppressing every legislative at- tempt to prohibit or to restrain this execrable com- merce. And that this assemblage of horrours might want.no fact of distinguished die, he is now ex- citing those very people to rise in arms among us, and to purchase that liberty of which he has depri- ved them, by murdering the people on whom he also obtruded them : thus paying- of former crimes com- mitted 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 peti- tioned for redress in the most humble terms : our re- peated 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 a [free] people who mean to be free. Future ages will scarcely believe that the hardiness of one man adventured, within the short compass of twelve 50 ^IFE OF JEFFERSON. years only, to lay a foundation so broad and so un- disguised for tyranny over a people fostered and fixed in principles of freedom. " Nor have we been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend [an unwarrantable] a jurisdiction over [us] these our states. We have reminded them of the circumstan- ces of our emigration and settlement here, no one of which could warrant so strange a pretension : that these were effected at the expense of our own blood and treasure, unassisted by the wealth or the strength of Great Britain : that in constituting in- deed our several forms of government, we had adopted one common King, thereby laying a foun- dation for perpetual league and amity with them:- but that submission to their parliament was no part of our constitution, nor ever in idea, if history may be credited : and we [have] appealed to their native justice and magnanimity as well as to [and we have conjured them by] the ties of our common kindred, to disavow these usurpations, which were likely to [would inevitably] interrupt our connexion and correspond- ence. They .too have been deaf to the voice of justice and of consanguinity : and when occasions have been given them, by the regular course of their laws, of removing from their councils the disturbers of our harmony, they have, by their free election, re-estab- lished them in power. At this very time, too, they- are permitting their chief magistrate to send over not only soldiers of our common blood, but Scotch and foreign mercenaries, to invade and destroy us^ LIFE OF JEFFERSON. 51 These facts have given the last stab to agonizing affection, and manly spirit bids us to renounce for ever these unfeeling brethren. We must endeavour to for get our former love for them, and hold them as we hold the rest of mankind, enemies in war ; in peace, friends. We might have been a free and a great people together; but a communication 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 open to us too, We will tread it apart from them, and [we must therefore] acquiesce in the necessity which denounces our eternal separation, [and hold them as we hold the rest of mankind, enemies in war; in peace, friends!] "We, therefore, the representatives of the United States of America, in General Congress assembled, [appealing to the Supreme Judge of the world for the rectitude of our intentions,] do in the name and by the authority of the good people of these states, [colonies,] reject and renounce all allegiance and subjection to the Kings of Great Britain, and all others who may hereafter claim by, through, or under them ; we utterly dissolve all political connexion which may heretofore have subsisted between us and the parliament of Great Britain ; and finally, we do assert [solemnly publish arid declare] that these Uni- ted Colonies are, [and of right ought to be,] free and independent states ; [that they are absolved from all allegiance to the British crown, and that all political connexion between them and the state of Great Britain is, and ought to be, totally dissolved ;] and that, as free and independent states, they have full power to levy 52 LIFE OF JEFFERSON, war, conclude peace, contract alliances, establish com- merce, and to do all other acts and things which inde- pendent states may of right do. "And for the support of this declaration, [with a firm reliance on the protection of Divine Providence,] we mutually pledge to each other our lives, our fortunes, and our sacred honour," The Declaration thus signed on the 4th on paper, was engrossed on parchment, and signed again on the 2d of August. Such was this famous declaration of the indepen- dence of the United States of America, which, necessa- ry as it appears to have been, says Botta, was not, how- ever, exempt from peril : for although the greater part of America perceived that the course of things must have led to this extremity, there were still many who openly manifested contrary sentiments. And they were, un- fortunately, more numerous in the provinces menaced by Great Britain than in any 'other. The American armies were feeble, the treasury poor, foreign succours uncertain, and the ardour of the people might abate all at once. It was known that England was determined to exert all her forces for the reduction of the colonies, before they should have time to become confirmed in their re- bellion, or to form alliances with foreign powers. If the American arms, as there was but too much reason to fear, should prove unfortunate in the ensuing cam- paign, it could not be disguised that the people would lay it to the charge of independence; and that, accord- ing to the ordinary operations of the human mind, they OT JEFFERSON. 5$ would rapidly retrogade towards the opinions they had abjured. When despair once begins, the prostration of energy follows as its immediate consequence. But the war was inevitable, all arrangement impossible, and the Congress urged by necessity to take a decisive resolution. On every side they saw dangers, but they preferred to brave them for the attainment of a deter- inmate object, rather than trust any longer to the un- certain hope of the repeal of the laws against which they were in arms. For it was even difficult to designate which of these laws were to be revoked. Some desired to have all those repealed which had been passed since the year 1763; others only proscribed a part of them; and there were still others whom a total abrogation would not have satisfied, and who wished also for the abolition xif some ancient statutes. In the heat of debates, pro- positions had been advanced to which it was impossi- ble that Great Britain should ever consent. Nor can it be denied, that the declaration of independence was conformable to the nature of things. Circumstances would not have endured much longer, that a people like that of America, numerous, wealthy, warlike, and accustomed to liberty, should depend upon ano- ther at a great distance, and little superiour in power. The English ministry could not 'shut their eyes to it ; and such, perhaps, was the secret reason of their ob- duracy in attempting to load their colonies with heavier chains. It is also certain, that foreign princes would not have consented to succour, or to receive into their alliance, a people who acknowledged themselves the 0ubjects ; whereas it might be expected that they would 6 54 LIFE OF JEFFERSON. unite to those of a nation, determined, at all hazards, to obtain the recognition of its liberty and independ- ence. In the first case, even victory would not have given allies to the Americans; in the second, they were assured of them only by showing themselves re- solved to sustain their cause with arms in hand. And none were more sensible of the difficulties and dangers which surrounded them than the heroick men who had affixed their signatures, either to their coun- try's success, or their own destruction. Dr. Thacher, in his Military Journal, relates a circumstance which may show the acuteness of their feelings, though dis- guised under the sportive bitterness of raillery. " Mr. Harrison, a delegate from Virginia," writes the doc- tor,, " is a large portly man. Mr. Gerry, of Massachu- setts, is slender and spare. A little time after the sol- emn transaction of signing the instrument, Mr. Har- rison said smilingly to Mr. Gerry ' when the hanging ssene comes to be exhibited, I shall have the advantage over you on account of my size : all will be over with me in a moment, but you will be kicking in the air a half an hour after I am gone.' " But, as to the disposition of the people themselves, die reception given to this celebrated paper on its pro- mulgation, must have justified the hopes of the most ardent, and dispelled the fears of the most timid. It was every where hailed with joy, gladness, and enthu- siasm ; and the most cautious, if they allowed the cer- tainty of an impending struggle, admitted its necessity and its great advantage. Nor were there any of those publick demonstrations omitted which governments ar# accustomed to employ on similar occasions, to con- LIFE OF JEFFERSJDX. 55 eiliate the favour of the people to their determination. Independence was proclaimed, with great solemnity, at Philadelphia, the 8th of July. The artillery was fired, bonfires were kindled; the people seemed actu- ally delirious with exultation. On the 1 1th, the mani- festo of Congress was published in New York, and was read to each brigade of the American army, which, at that time, was assembled in the vicinity of the city : it was received with universal acclamations. The same evening, the statue of King George III., which had been erected in 1770, was taken down, and dragged through the streets by the sons of liberty. It was decided that the lead of which it was composed should be converted into musket balls. These excesses, if blameable in themselves, were not without utility if considered politically; they excited the people, and hurried them on to the object that Was desired. At Baltimore, independence having been proclaimed in the presence of cannoniers and militia, the people could not remain their enthusiasm. The air resound- ed with salutes of artillery, and the shouts that hailed the freedom and happiness of the United States of America. The effigy of the King became the sport of the populace, and was afterwards burnt in the publick square. But, according to description, and the concurrent testimony of Dr. Thacher, who was there at- the time, the rejoicings at Boston were the greatest of all. In- dependence was there proclaimed from the balcony of the state house, in the presence of all the authorities, civil and military, and of an immense concourse of people, as well from the city itself, as from the country, r LIPX OF JEFFERSOHT. The garrison was drawn up in order of battle in King" street, which, from that moment, took the name of State street: the troops formed in thirteen detach- ments, to denote the thirteen United States. At a giver* signal, a salute of thirteen cannon was fired upon Fort Hill, which was immediately answered by an- equal number from the batteries of the Castle, of the Neck, of Nantasket, and of Pbint Alderton. The garrison, in their turn, fired thirteen salutes of musketry, each detachment firing in succession. The authorities and most considerable inhabitants then convened at a ban- quet prepared in the council chamber, where they drank toasts to the perpetuity and prosperity of the United States-, to the American Congress, to General Washington, to the success of the arms of the con- federacy, to the destruction of tyrants, to the propaga- tion of civil and religious liberty, and to the friends of the United States in all parts of the world. All tho blU rung iu token of felicitation ; the joy was univer- sal, and its demonstrations were incessantly renewed. In the evening, all the ensigns of royalty, lions, scep- tres or crowns, whether sculptured or painted, were torn in pieces, and burnt in State street. But in Virginia, according to a celebrated author, it would be impossible to describe the exultation that was manifested. The Virginia Convention decreed that the name of the King should be suppressed in all the publick pray- ers. They ordained that the great seal of the com- monwealth of Virginia should represent Virtue as the- tutelary genius of the province, robed in the drapery of an amazon, resting one hand upon her lance, and hold- LIFE OF JEFFERSON. 5T ing with the other a sword, trampling upon tyranny, under the figure of a prostrate man, having near him a crown fallen from his heard, and bearing in one hand a broken chain, and in the other a scourge. At the foot was charactered the word " Virginia," and round the effigy of Virtue, was inscribed, " Sic semper tyran- nis" The reverse represented a group of figures ; in the middle stood Liberty, with her wand and cap ; on one side was Ceres, with the horn of plenty in the right hand, and a sheaf of wheat in the left; upon the other appeared Eternity, with the globe and the-phoe- nix. At the foot were found these words, " Deus nobis hcec otia fecit" In the midst of these transports, nothing was forgotten that might tend to inspire the people with affection for the new order of things, and a violent hatred not only towards tyranny, but also against monarchy ; the for- mer being considered as the natural result from the latter. Thus, on the one hand, the American patriots, by their secret combinations, and then by a daring resolu- tion ; and on the other, the British ministers, at first by oppressive laws, and afterwards by hesitating counsels, gave origin to a crisis which eventually produced the dismemberment of a splendid and powerful empire. So constant are men in the pursuits of liberty, and so obstinate in ambition. Paul Allen, in his History of the Revolution, re- marks : " The declaration of independence, once pub- lished to the world with such solemnity, gave a new character to the contest, not only in the colonies, but in Europe. Before this decisive step, the American peo- 6* LIFE OF JEFFERSOff. pie were regarded by many able and good men as weft as sound politicians, on both sides of the Atlantick, rather as children struggling for doubtful privileges with a parent, than as men contending with men for their natural and undisputable rights. But this deliberate appeal to the nations of the earth, to posterity, and to the God of battles, gave a new po- litical character, an immediate dignity and manhood, to their cause. It was no longer the unholy struggle of subjects against their monarch of children against their parent of rash and turbulent men who never measure nor weigh the consequences of their deeds : it was no longer a contest for mere matters of opinion, but for a national existence for life or death. It be- came, under the awful sanction of that assembly, the temperate and determined stand of men who had en- trenched themselves within the certain and thoroughly understood limits of their rights of men who had counted the cost dispassionately, and measured the event without shrinking of men who felt, deliberated, and acted as the representatives of a whole people, conscious of their infirmities and their responsibility, knowing the might of their adversaries and the weakness o their friends, but determined to do their duty to their children, and leave them their inheritance undisturbed and unim- paired. Or if that might not be, and the liberties of Englishmen were no longer the protection of their wives or the birthright of their children, to leave them as widows and orphans to the charity of Heaven." The declaration of independence was, of itself, a rictory a victory over the passions, prejudices, and fears of a multitude. It drew a line for ever, between LIFE OF JEFFERSON, 59 the friends and the foes of America. It left no neu- trals. He who was not for independence, uncondition- al independence, was an enemy. The efiect produ- ced on the publick mind by the boldness and unanimity manifested on this occasion by the delegates of the several colonies, operated on the general confidence of the people as much as a similar declaration would have done, had it been adopted and signed by the whole pop- ulation of the states. In the publick exultation at the time, the murmurs of disapprobation were unheard* and the opposition to be expected from the discontented and factious, who were always a formidable minority, and in the very bosom of the country, was entirely overlooked. 60 LIFE OF JEFFERSON. CHAPTER II. IT is one of the inconsistencies of human nature, that the British parliament should claim that authority over, and impress those burdens on the colonists, against which, when applied to themselves, they had murmur- ed, protested, and rebelled. There cannot be a more striking parallel, than between the English revolution of 1 688, and the North American revolution of 1776. In both cases, previous discussion had fairly put the dispu- ted question in issue ; each party to the dispute had ful- ly weighed and settled its principles, its claims, and its duties ; the people of England and the people of Amer- ica were in both cases on the defensive ; not aiming at establishing new rights, or setting up new pretensions against old established despotism, but defending against encroachment on liberties which they had always en- joyed, and seeking new guarantees to secure them. Broken charters, insulted legislatures, and violated ju- diciaries, arbitrary acts defended by arbitrary princi- ples, and injustice supported by violence, drove the English nation in 1688, and the English colonies in 1776, to declare that the respective sovereigns had ab- dicated the government. The American revolution was complete 20 1776, but it still remained to defend it by arms. LIFB OF JEFFERSON". 61 On Friday, July 12. 1776, the committee appointed to draw the articles of confederation between the thirteen states, reported them to Congress; and on the 22d, the house resolved themselves into a committee to take them into consideration. The institution of new govern- ment by a people reeking from tyranny and oppression, is a sight, which, whilst it engages the solicitous atten- tion of the patriot and philanthropist, is no less calcu- lated to alarm their fears. Smarting from their wrongs, and still fresh in their indignation, it is to be apprehend- ed that every curb of restraint will be removed, and that liberty may degenerate into violence or licentious- ness. The French revolution reads a most terrifick lesson on this subject. It was not so with those hero- ick men who had just placed their hands to the Decla- ration of Independence ; and the articles of confedera- tion, if they do not guard against every evil, or provide for every future contingency, were yet the result of virtue and wisdom, and calculated for the promotion of rational freedom. The notes of Mr. Jefferson con- tain the earlier debates on some of these articles ; and as circumstances connected with the infant government of the country, and as displaying the powers of the most prominent men in it, to these notes we shall again have reference.* On the 30th and 31st of that month, (July,) and 1st of the ensuing, those articles were debated which de~ * The course of deliberation was conducted with profound eecrecy, and no other record now remains of that wisdom and intelligence, of that capacious and accurate view of political science and ethical philosophy, which a discussion of the prin- ciples of government must have drawn forth from the accom,* plished civilians who were members of that Congress. 62 LIFE OF JEFFERSON. termined the proportion, or quota, of money which each state should furnish to the common treasury, and the manner of voting in Congress. The first of these ar- ticles was expressed in the original draught in these words: "Art. XL All charges of war, and all other expenses that shall be incurred for the common defence, or general welfare, and allowed hy the United States assembled, shall be defrayed out of a common treasury, which shall be supplied by the several colonies in pro- portion to the number of inhabitants of every age, sex, and quality, except Indians not paying taxes in each colony, a true account of which, distinguishing the white inhabitants, shall be triennially taken and trans- mitted to the Assembly of the United States." Mr. Chase moved that the quotas should be fixed, not by the number of inhabitants of every condition, but by that of the white inhabitants. He admitted that taxation should be always in proportion to property ; that this was, in theory, the true-rule ; but that, from a variety of difficulties, it was a rule which could never be adopted in practice. The value of the property in every state, could never be estimated justly and equally. Some other measures for the wealth of the state must therefore be devised, some standard referred to, which would be more simple. He considered the number of inhabitants as a tolerably good criterion of property, and that this might always be obtained. He therefore thought it the best mode which we could adopt, with one exception only: he observed that negroes are prop- erty, and, as such, cannot be distinguished from the lands or personalities held in those states where there are few slaves ; that the surplus of profit which a north- LIFE OF JEFFERSON, 63 era farmer is able to lay by, he invests in cattle, horses, &c. : whereas a southern farmer lays out the same sur- plus in slaves. There is no more reason, therefore, for taxing the southern states on the farmer's head, and on his slave's head, than the northern states on their farm- ers' heads and the heads of their cattle ; that the method proposed would, therefore, tax the southern states ac- cording to their numbers and their wealth conjunctly, while the northern would be taxed on numbers only j that negroes, in fact, should not be considered as mem- bers of the state more than cattle, and that they have no more interest in it. Mr. John Adams observed, that the numbers of peo- ple were taken by this article as an index of the wealth of the state, and not as subjects of taxation ; that, as to this matter, it was of no consequence by what name you called your people, whether by that of freemen or of slaves ; that in some countries the labouring poor were called freemen, in others they were called slaves ; but that the difference as to the state was imaginary only. What matters it whether a landlord employing ten labourers on his farm, gives them annually as much money as will buy them the necessaries of life, or gives them those necessaries at shorthand. The ten labourers add as much wealth annually to the state, increase its exports as much, in the one case as the other. Certainly five hundred freemen produce no more profits, no greater surplus for the payment of tax- es, than five hundred slaves. Therefore, the state in which are the labourers called freemen, should be tax- ed no more than that in which are those called slaves. Suppose, by an extraordinary operation of nature or of 64 LITE OT JEFFERSON. law, one half the labourers of a state could, in the course of one night, be transformed into slaves : would the state be made the poorer, or the less able to pay taxes ? That the condition of the labouring poor in most coun- tries, that of the fishermen, particularly of the northern States, is as abject as that of slaves. It is the number of labourers which produces the surplus for taxation, and numbers, therefore, indiscriminately, are the fair index of wealth ; that it is the use of the word property here, and its application to some of the people of the state, which produces the fallacy. How does the southern farmer procure slaves? Either by importation or by purchase from his neighbour. If he imports a slave, he adds one to the number of labourers in his country, and proportionably to its profits and abilities to pay tax- es ; if he buys from his neighbour, it is only a transfer of a labourer from one farm to another, which does not change the annual produce of the state, and therefore, should not change its tax ; that if a northern farmer works ten labourers on his farm, he can, it is true, in- vest the surplus of ten men's labour in cattle ; but so may the southern farmer, working ten slaves ; that a state of one hundred thousand freemen can maintain no more cattle than one of one hundred thousand slaves : therefore, they have no more of that kind of property that a slave may, indeed, from the custom of speech, be more properly called the wealth of his mas- ter, (than the free labourer might be called the wealth of his employer ; but as to the state, both were equally its wealth, and should, therefore, equally add to the quo- ta of its tax. Mr. Harrison proposed, as a compromise, that two LIFE OF JEFFERSON. 65 slaves should be counted as one freeman. He affirm* ed that slaves did not do as much work as freemen^ and doubted if two effected more than one; that this was proved by the price of labour : the hire of a la- bourer in the southern colonies being from 8 to 12, while in the northern it was generally 24. Mr. Wilson said, that if this amendment should take place, the southern colonies would have all the bene- fit of slaves, whilst the northern ones would bear the burden ; that slaves increase the profits of a state, which the southern states mean to take to themselves ; that they also increase the burden of defence, which would of course fall so much the heavier on the northern; that slaves occupy the places of freemen and eat their food. Dismiss your slaves, and freemen will take their places. It is our duty to lay every discouragement on the im- portation of slaves; but this amendment would give the jus trium liber or um to him who would import slaves ; that other kinds of property were pretty equally dis- tributed through all the colonies : there were as many cattle, horses, and sheep, in the north as the south, and south as the north, but not so as to slaves ; that expe- rience has shown that those colonies have been always able to pay most, which have the most inhabitants, whether they be black or white: and the practice of the southern colonies has always been to make every farmer pay poll taxes upon all his labourers, whether they be black or white. He acknowledges, indeed, that freemen work the onost; but they consume the most also. They do not produce a greater surplus for taxation. The slave is neither fed nor clothed so ex- pensively as a freeman. Again ; white women are ex- 7 66 LIFE OF JEFFERSON. empted from labour generally, but negro women are not, In this, then, the southern states have an advantage, as the article now stands. It has sometimes been said that slavery is necessary, because the commodities they raise would be too dear for market if cultivated by free- men : but now it is said that the labour of the slave is the dearest. Mr. Payne urged the original resolution of Con- gress, to proportion the quotas of the states to the num- ber of souls. Dr. Witherspoon was of opinion, that the value of lands and houses was the best estimate of the wealth of a nation, and that it was practicable to obtain such a valuation. This is the true barometer of wealth. The one now proposed is imperfect in itself and unequal between the states. It has been objected that negroes eat the food of freemen, and therefore should be taxed ; horses also eat the food of freemen : therefore they also should be taxed. It has been said, too, that in carrying slaves into the estimate of the taxes the state is to pay, we do no more than those states themselves do, who always take slaves into the estimate of the taxes the individual is to pay. But the cases are not parallel. In the southern colonies, slaves pervade the whole colony ; but they do not pervade the whole continent. That as to the original resolution of Con- gress, to proportion the quotas according to the souls, it was temporary only, and related to the moneys here- tofore emitted ; whereas we are now entering into a new compact, and therefore stand on original ground. August 1. The question being put, the amendment proposed was rejected by the votes of New Hampshire, LIFE OF JEFFERSON. 67 Massachusetts, Rhode Island, Connecticut, New York. New Jersey, and Pennsylvania ; against those of Del- aware, Maryland, Virginia, North and South Carolina. Georgia was divided. The other article was in these words : " Art. XVII. In determining questions, each colony shall have one vote." July 30, 31, August 1. Present, forty-one members. Mr. Chase observed, that this article was the most likely to divide us, of any one proposed in the draught then under consideration ; that the larger colonies had threatened they would not confederate at all, if their weight in Congress should not be equal to the numbers of people they added to the confederacy; while the smaller ones declared against a union, if they did not retain an equal vote for the protection of their rights. That it was of the utmost consequence to bring the parties together, as, should we sever from each other, either no foreign power will ally with us at all, or the different states will form different alliances, and thus increase the horrours of those scenes of civil war and bloodshed, which, in such a state of separation and independence, would render us a miserable people. That our importance, our interests, our peace, required that we should confederate, and that mutual sacrifices should be made to effect a compromise of this difficult question. He was of opinion, the smaller colonies would lose their rights, if they were not, in some in- stances, allowed an equal vote ; and therefore that a discrimination should take place among the questions which would come before Congress. That the smaller states should be secured in all questions concerning 68 LIFE OF JEFfERSON". life or liberty, and the greater ones in all respecting property. He therefore proposed, that in votes relating to money, the voice of each colony should be propor- tioned to the number of its inhabitants." Dr. Franklin thought, that the votes should be so proportioned in all cases. He took notice that the Delaware counties had bound up their delegates to dis- agree to this article. He thought it a very extraordi- nary language to be held by any state, that they would not confederate with us unless we would let them dis- pose of our money. Certainly, if we vote equally, we ought to pay equally; but the smaller states will hard- ly purchase the privilege at this price. That had he lived in a state where the representation, originally equal, had become unequal by time and accident, he might have submitted rather than disturb govern- ment ; but that w^e should be very wrong to set out in this practice, when it is in our power to establish what is right. That at the time of the union between Eng- land and Scotland, the latter had made- the objection which the smaller states now do ; but experience had proved that no unfairness had ever been shown them ; that their advocates had prognosticated that it would again happen, as in times of old, that the whale would swallow Jonas, but he thought the prediction reversed in event, and that Jonas had swallowed the whale ; for the Scotch had in fact got possession of the govern- ment, and gave laws to the English. H-e reprobated the original agreement of Congress to vote by colonies, and, therefore, was for their voting, in all cases, accord- ing to the number of taxables. Dr. Witherspoon opposed every alteration of the LIFE OF JEFFERSON. 69 article. All men admit that a confederacy is necessary. Should the idea get abroad that there is likely to be no union among us, it will damp the minds of the people, diminish the glory of our struggle, and lessen its importance; because it will open to our view future prospects of war and dissension among ourselves. If an equal vote be refused, the smaller states will be- come vassals to the larger; and all experience has shown, that the vassals and subjects of free states are the most enslaved. He instanced the Helots of Sparta and the provinces of Rome. He observed that foreign powers, discovering this blemish, would make it a han- dle for disengaging the smaller states from so unequal a confederacy. That the colonies should, in fact, be considered as individuals; and that, as such, in all disputes, they should have an equal vote ; that they are now collected as individuals making a bargain with each other, and, of course, had a right to vote as indi- viduals. That in the East India Company they voted by persons, and not by their proportion of stock. That the Belgick confederacy voted by provinces. That in questions of war, the smaller states were as much interested as the larger, and therefore should vote equally ; and indeed, that the larger states were more likely to bring war on the confederacy in proportion as their frontiers were more extensive. He admitted that equality of representation was an excellent principle, but then it must be of things which are co-ordinate ; that is, of things similar, and of the same nature : that nothing relating to individuals could ever come before Congress : nothing but what would respect colonies. He distinguished between an incorporating and a 7* 70 LIFE OF JEFFERSOST. federal union. The union of England was an incor- porating one : yet Scotland had suffered by that union, for that its inhabitants were drawn from it by the; hopes of places and employments ; nor was it an in- stance of equality of representation : because, while Scotland was allowed nearly a thirteenth of representa- tion, they were to pay only one fortieth of the land tax. He expressed his hopes, that in the present enlight- ened state of men's minds, we might expect a lasting confederacy, if it was founded on fair principles. John Adams advocated the voting in proportion to numbers. He said, that we stand here as the repre- sentatives of the people ; that in some states the people are many, in others they are few; that, therefore, their vote here should be proportioned to the numbers from whom it comes. Reason, justice, and equity, never had weight enough on the face of the earth to govern the councils of men. It is interest alone which doe it, and it is interest alone which can be trusted ; that, therefore, the interests within doors should be the mathematical representatives of the interests without doors; that the individuality of the colonies is a mere sound. Does the individuality of a colony increase its wealth or numbers ? If it does, pay equally. If it does not add weight in the scale of the confederacy, it cannot add to their rights nor weigh in argument, A. has 50, B. 500, and C. 1000 in partnership. Is it just they should equally dispose of the moneys of the partnership ? It has been said we are independent individuals, making a bargain together : the question is not, what we are now, but what we ought to be when our bargain shall be made. The confederacy ia LIFE OF JEFFERSOK, 71 to make us one individual only : it is to form us, like separate parcels of metal, into one common mass. W& shall no longer retain our separate individuality, but become a single individual as to all questions submit- ted to the confederacy. Therefore, all those reasons which prove the justice and expediency of equal repre- sentation in other assemblies, hold good here. It has been* objected, that a proportionable vote will endanger the smaller states. We answer, that an equal vote will endanger the larger. Virginia, Pennsylvania, and Massachusetts, are the three greater colonies. Con- sider their distance, their difference of produce, of in- terests, and of manners, and it is apparent they can never have an interest or inclination to combine for the oppression of the smaller ; that the smaller will naturally divide on all questions with the larger. Rhode Island, from its relation, similarity, and inter- course, will generally pursue the same objects with Massachusetts ; Jersey, Delaware, and Maryland, with Pennsylvania. Dr. Rush took notice, that the decay of the liberties of the Dutch republick proceeded from three causes : 1. the perfect unanimity requisite on all occasions; 2. their obligation to consult their constituents; 3.. their voting by provinces. This last destroyed the equality of representation, and the liberties of Great Britain also are sinking from the same defect. That a part of our rights is deposited in the hands of our legislatures. There, it was admitted, there should be an equality of representation. Another part of our rights is deposited in the hands of Congress ; why is it not equally necessary, there should be an equal repre- 72 LIFE JEFFERSON. sentation there ? Were it possible to collect the whole body of the people together, they would determine the questions submitted to them by their majority. Why should not the same majority decide when voting here, by their representatives ? The larger colonies are so providentially divided in situation, as to render every fear of their combining visionary. Their interests are different, and their circumstances dissimilar. It is more probable they will become rivals, and leave it in the power of the smaller states to give preponderance to any scale they please. The voting by the number of free inhabitants, will have one excellent effect, that of inducing the colonies to discourage slavery, and to encourage the increase of their free inhabitants. Mr. Hopkins observed, that there were four larger, four smaller, and four middle-sized colonies. That the four largest would contain more than half the inhabitants of the confederating states, and therefore would govern the others as they should please. That history affords no instance of such a thing as equal representation. The Germanick body votes by states. The Helvetick body does the same ; and so does the Belgick confederacy. That too little is known of the ancient confederations, to say what was their practice. Mr. Wilson thought, that taxation should be in pro- portion to wealth, but that representation should accord with the number of freemen. That government is a collection or result of the wills of all ; that if any government could speak the will of all, it would be perfect ; and that so far as it departs from this, it be- omes imperfect. It has been said, that Congress is a representation of states, not of individuals. I say, that LIFE OF JEFFERSON. 73 the objects of its care are all the individuals of the states. It is strange, that annexing the name of 'state' to ten thousand men, should give them an equal right with forty thousand. This must be the effect of ma- gick, not of reason. As to those matters which are referred to Congress, we are not so many states; we are one large state. We lay aside our individuality whenever we come here. The Germanick body is a burlesque on government : and their practice on any point, is a sufficient authority and proof that it is wrong. The greatest imperfection in the constitution of the Belgick confederacy is their voting by provinces. The interest of the whole is constantly sacrificed to that of the small states. The history of the war in the reign of Queen Ann, sufficiently proves this. It is asked, shall nine colonies put it into the power of four to govern them as they please ? I invert, the question, and ask, shall two millions of people put it into the power of one million to govern them as they please? It is pretended, too, that the smaller colonies will be in danger from the greater. Speak in honest language and say, the minority will be in danger from the ma- jority. And is there an assembly on earth, where this danger may not be equally pretended ? The truth is, that our proceedings will then be consentaneous with the interests of the majority, and so they ought to be. The probability is much greater, that the larger states will disagree, than that they will combine. I defy the wit of man to invent a possible case, or to suggest any one thing on earth, which shall be for the interests of Virginia, Pennsylvania, and Massachusetts, and 74 LIFE OF JEFFERSON. which will not also be for the interests of the other states. These articles, reported July 12, '76, were debated from day to day and time to time, for two years, and were ratified July 9, '78, by ten states, by New Jersey on the 26th of November of the same year, and by Del- aware on the 23d of February following. Maryland alone held off two years more, acceding to them March 1, '81, and thus closing the obligation. Our delegation, says Mr. Jefferson, had been renew- ed for the ensuing year, commencing August 11; but the new government was now organized, a meeting of the legislature was to be held in October, and I had been elected a member by my county. I knew that our legislation under the regal government had many very vicious points which urgently required reforma- tion, and I thought I could be of more use in forward- ing that work. I therefore retired from my seat in Congress on the 2d of September, resigned it, and took my place in the legislature of my state on the 7th of October. In this situation he was indefatigable in his labours to improve the imperfect constitution of the state, which had been recently and hastily adopted before a draught of one, which he had formed on the purest principles of republicanism, had reached the Convention, which was deliberating at Richmond. This Convention was no sooner assembled than they had immediately pro- ceeded to the formation of a new plan of government; and, with a haste which abandoned all discretion, a constitution was adopted in the succeeding month. Mr. Jefferson was at this time absent in Philadelphia, LIFE OF JEFFERSOX. 75 as a delegate to Congress ; but he had, for a long time previous, devoted unmitigated reflection and research to maturing a plan for a new government, and had already formed one well adapted to all the wants and privileges of democratick freemen. This draught was transmitted by him to the Convention; but unfortu- nately, the one that they had framed, had received a final vote in its favour on the day Mr. Jefferson's reach- ed its destination. The debate had already been ardent and protracted, the members were wearied and exhaust- ed, and after making a few alterations, and adopting entire the masterly preamble which Mr. Jefferson had prefixed, it was thought expedient, for the present, to adhere to the original plan, imperfect as on all hands it was acknowledged to be. The extremes of right and wrong are said very closely to approach each other; and, according to a discriminating writer, an incident in the political his- tory of Virginia does not invalidate the maxim. In June, a constitution had been adopted, breathing in every article the most vehement spirit of equal rights, and established on the downfall of arbitrary rule. No later than the following December, a serious proposi- tion was made to establish a Dictator, " invested with every power, legislative, executive, and judiciary, civil and military, of life and of death, over our persons and over our properties." To the wise and good of every party, to the patriot and philanthropist, such a scheme could not but appear as absurd as its success would be tyrannical and awfully dangerous. In Mr. Jefferson it found a ready and efficient opponent at the 76 LIFE OF JEFFERSON. lime, and he has devoted to its consideration and cen- sure, a few pages of his later works. But the chief service which Mr. Jefferson performed as a member of the legislature, was as one of a com- mission for revising the laws, consisting, besides him- self, of Edmund Pendleton, George Wythe, George Mason, and Thomas Ludwell Lee, by whom no less than one hundred and twenty-six bills were prepared, from which are derived all the most liberal features of the existing laws of the commonwealth. The share of Mr. Jefferson in this great task was prominent and laborious. To him Virginia is indebted for the laws prohibiting the future importation of slaves ; convert- ing estates tail into fee simple ; annulling the rights of primogeniture ; establishing schools for general-ed- ucation ; sanctioning the right of expatriation, and confirming the rights of freedom in religious opinion ; which were all introduced by him, and were adopted at the time they were first proposed, or at a subsequent pe- riod ; and in addition to these, he brought forward a law proportioning crimes and punishments, which was afler wards passed under a different modification. His own account of the passage of some of these laws, the evils they were intended to remedy, and the opposition they overcame, must be gratifying to those who are concerned in the fame of their author. We have his own description. First, in relation to the law declaring tenants in tail to hold in fee simple. "In the earlier times of the colony," he informs us, " when lands were to be obtained for little or nothing, some provident individuals procured large grants; and de- sirous of founding great families for themselves, settled LIFE OF JEFFERSON. 7Y on their descendants in fee tail. The transmis- sion of this property from generation to generation, in ihe same name, raised up a distinct set of families, who, being privileged by law in the perpetuation of their wealth, were thus formed into a Patrician order, dis- tinguished by the splendour and luxury of their estab- lishments. From this order, too, the King habitually selected his counsellors of state; the hope of which distinction devoted the whole corps to the interests and will of the crown. To annul this privilege, and in- stead of an aristocracy of wealth, of more har-m and danger than benefit to society, to make an opening for the aristocracy of virtue and talent, which nature has wisely provided for the direction of the interests of so- ciety, and scattered with equal hand through all its con- ditions, was deemed essential to a well ordered repub- lick. To effect it, no violence was necessary, no de- privation of natural right, but rather an enlargement of it by a repeal of the law. For this would author- ize 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. But this repeal was strongly opposed by Mr. Pendleton, who was zealous- ly attached to ancient establishments ; and who, taken all in all, was the ablest man in debate 1 have ever met with. He had not, indeed, the poetical fancy of Mr. Henry, his sublime imagination, his lofty and overwhelming diction ; but he was cool, smooth, and persuasive ; his language flowing, chaste, and embel- lished; his conceptions quick, acute, and full of re- source ; never vanquished ; for if he lost the main bat- 8 78 LIFE OF JEFFERSON. tie, he returned upon you, and regained so much of it as to make it a drawn one, by dexterous manoeuvres, skirmishes in detail, and the recovery of small advan- tages, which, little singly, were important all 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 favoura- ble reception to whatever came from him. Finding that the general principle of entails could not be main- tained, he took his stand on an amendment which he proposed, instead of an absolute abolition, to permit the tenant in tail to convey in fee simple, if he chose it : and he was within a few votes of saving so much of the old law. But the bill passed finally for entire aboli- tion. " In that one of the bills for organizing our judiciary system which proposed a court of chancery, I had pro- vided for a trial by jury of all matters of fact, in that as well as in the courts of law. He defeated it by the in- troduction of four words only if either party choose j The consequence has been, that as no suitor will say to his judge Sir, I distrust you, give me a jury juries are rarely, I might say perhaps never, seen in that court, but when called for by the Chancellor of his own accord." As it respects the prohibiting the future importation of slaves, he continues : " The first establishment in Virginia, which became permanent, was made in 1607. have found no mention of negroes in the colony un- LIFE OF JEFFERSON. 79 til about 1650. The first brought here as slaves, were by a Dutch ship ; after which, the English commenced the trade, and continued it until the revolutionary war. That suspended, ipso facto, their further importation for the present, and the business of the war pressing constantly on the legislature, this subject was not acted on finally until the year '78, when I brought in a bill to prevent their further importation. This passed without opposition, and stopped the increase of the evil by importation, leaving to future efforts its final eradication." As it regards the free exercise of opinion in matters of religion, he remarks : " The first settlers of this colony were Englishmen, loyal subjects to their King and church ; and the grant to Sir Walter Raleigh con- tained an express proviso, that their laws should not be against the true Christian faith, now professed in the church of England. As soon as the state of the colo- ny admitted, it was divided into parishes, in each of which was established a minister of the Anglican church, endowed with a fixed salary, in tobacco, a glebe house and land, with the other necessary appen- dages. To meet these expenses, all the inhabitants of the parishes were assessed, whether they were or not members of the established church. Towards Qua- kers, who came here, they were most cruelly intole- rant, driving them from the colony by the severest penalties. In process of time, however, other secta- risms were introduced, chiefly of the Presbyterian fam- ily; and the established clergy, secure for life in their glebes and salaries, adding to these, generally, the emoluments of a classical school, found employment 80 LIFE OF JEFFERSON. 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 sermon at their parish hurch. Their other pastoral functions were little at- tended to. Against this inactivity, the zeal and indus- try of sectarian preachers had an open and undisputed field ; and by the time of the revolution, a majority of the inhabitants had become dissenters from the estab- lished church, but were still obliged to pay contribu- tions to support the pastors of the minority. This un- righteous compulsion to maintain teachers of what they deemed religious errours, was grievously felt dtiring the regal government, and without a hope of relief. But the first republican legislature, which met in '76, was crowded with petitions to abolish this spiritual tyr- anny. These brought on the severest contests in which I have ever been engaged. Our great oppo- nents were Mr. Pendleton and Robert Carter Nicho- las : honest men, but zealous churchmen. The peti- tions were referjed to the committee of the whole house on the state of the country ; and, after desperate con- tests in that committee,, almost daily, from the 1 1th of October to the 5th of December, we prevailed so far only as to repeal the laws which rendered criminal the maintenance of any religious opinions, the forbearance of repairing to church, or the exercise of any mode of worship : and further, to exempt dissenters from con- tributions to the support of the established church ; and to suspend, only until the next session, levies on the members of the church for the salaries of their own incumbents. For although the majority of our cit- izens were dissenters, as has been observed, a majority LIFE OF JEFFERSON. 81 of the legislature were churchmen. Among these, however, were some reasonable and liberal men, who enabled us, on some points, to obtain feeble majorities. But our opponents carried, in the general resolutions of the committee of November 19, a declaration, that re- ligious assemblies ought to be regulated, and that pro- vision ought to be made for continuing the succession of the clergy, and superintending their conduct. And in the bill now passed, was inserted an express reser- vation of the question, Whether a general assessment should not be established by law, on every one, to the support of the pastor of his choice ; or whether all should be left to voluntary contributions : and on this question, debated at every session from '76 to 79, (some of our dissenting allies, having now secured their par- ticular object, going over to the advocates of a general assessment,) we could only obtain a suspension from session to session until '79, when the question against a general assessment was finally carried, and the es- tablishment of the Anglican church entirely put down. In justice to the two honest but zealous opponents whom I have named, I must add, that although, from their natural temperaments, they were more disposed generally to acquiesce in things as they are, than to risk innovations ; yet, whenever the publick will had once decided, none were more faithful or exact in their obedi- ence to it." Early in the session of May, '79, Mr. Jefferson pre- pared and obtained leave to bring in a bill, declaring who should be deemed citizens, asserting the natural right of expatriation, and prescribing the mode of ex- ercising it. This, when he withdrew from the house 8* _,: 8 LIFE OF JEFFERSON. on the 1st of June following, he left in the hands of George Mason, and it was passed on the 26th of that month. Of this gentleman Mr. Jefferson speaks in the high- est terms ; describing him as " a man of the first order of wisdom among those who acted on the theatre of the revolution, of expansive mind, profound judgement, cogent in argument, learned in the lore of our former constitution, and earnest for the republican change, on dernocratick 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 season- able." After reading the above, let it be decided whether Jefferson deserved the epithets bestowed upon him in days of party bitterness, as being a visionary enthusi- ast, or whether he is more worthy of being considered ag an ardent friend of rational freedom, and an able and enlightened legislator. Mr. Jefferson's estimate of the powers of Mr. Mad- ison, and his opinion of his character, are also so just, so true, and so honourable to both, that we present them to the reader. " Mr. Madison," says his friend and admirer, "came into the House in 1776, a new mem- ber, and young ; which circumstances, concurring with his extreme modesty, 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 nccessive schools, he acquired a habit of self-posses- sion, which placed at ready command the rich resour- LIFE OF JEFFERSON. 81 ces of his luminous and discriminating mind, and of his extensive information, and rendered him the first of every assembly afterwards of which he became a member. Never wandering from his subject into vain declamation, but pursuing it closely, in language pure, 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 Virgin- ia, which followed, he sustained the new constitution in all its parts, bearing off the palm against the logick of George Mason, and the fervid declamation 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 office of the nation, I need say nothing. They have spoken, and will for ever speak for themselves." Certainly, such eulogy, and from such a pen, is suffi- cient recompense for a life well spent. While on this subject, and as the opinion of Mr. Jef- ferson is of so great weight as to guide the faith of thousands, we subjoin his account of three others, not only prominent men in Congress, but the most zealous and active supporters of the rights of their country, both before and during the revolutionary struggle. His sentiments are the result of personal and frequent observation, and are delivered with a candour which, could " bear a rival near the throne." " Dr. FRANKLIN had many political enemies, as every character must, which, with decision enough to have opinions, has energy and talent to give them e- 84 LIFE OF JEFFERSON. feet on the feelings of those of the adversary opinion. These enmities were chiefly in Pennsylvania and Mas- sachusetts. In the former, they were merely of the proprietary party; in the latter, they did not commence till the revolution, and then sprung chiefly from per- sonal animosities, which spreading by little and little, became, at length, of some extent. As to the charge of subservience to France, besides the evidence of his friendly colleagues, two years of my own service with him at Paris, daily visits, and the most friehdly and confidential communications, convince me it had not a shadow of foundation. He possessed the confidence of that government in the^ highest degree, insomuch, that it may truly be said, that they were more under his influence, than he under theirs. The fact is, that his temper was so amiable and conciliatory, his con- duct so rational, never urging impossibilities or even things unreasonably inconvenient to them; in short, so moderate and attentive to their difficulties as well as our own, that what his enemies call subserviency, I saw was only that reasonable disposition, which, sen- sible that advantages are not all to be on one side, yielding what is just and reasonable, is the more cer- tain of obtaining liberality and justice. Mutual confi- dence produces, of course, mutual influence ; and this was all which subsisted between Dr. Franklin and the government of France. "Of SAMUEL ADAMS, I can say that he was truly a great man ; wise in council, fertile in resources, im- moveable in his purposes, and had, I think, a greater share than any other member in advising and direct- ing our measures in the northern war. As a speaker, LIFE OF JEFFERSON. 85> he could not be compared with his living colleague and namesake, whose deep conceptions, nervous style, and undaunted firmness, made him truly our bulwark in debate. But Mr. Samuel Adams, although not ef fluent elocution, was so rigorously logical, so clear in his views, abundant in good sense, and master always of his subject, that he commanded the most profound attention whenever he rose in an assembly, by which the froth of declamation was heard with the most sove- reign contempt. "You know the opinion I formerly entertained of my friend, Mr. JOHN ADAMS. I afterwards saw proofs which convicted him of a degree of vanity and of a blindness to it of which no germe then appeared. He is vain, irritable, and a bad calculator of the force and probable effect of the motives which govern men. This is all the ill which can possibly be said of him. He is as disinterested as the Being who made him ; he is profound in his views, and accurate in his judgement, except where knowledge of the world is necessary to form a judgement. He is so amiable, that I pronounce you will love him if ever you become acquainted with him. He would be, as he was, a great man in Con- gress." But it was not to the revision of the laws of his state, or other laborious publick duties, that Mr. Jef- ferson entirely devoted himself. He at this time, in a noble manner, displayed the sternness of his justice, the purity of his heart, and the softness of his feelings, by deprecating all cruelty to a fallen foe, and by extend- ing a hand of charity to the foiled ravagers of his coun- try, ^is sympathies were excited by proposed 86 LIFE OF JEFFERSON. to the unfortunate, and he gave his indignant, power^ ful, and successful pen to their assistance. Congress, it will be recollected, had resolved to re- tain in America the troops who had surrendered at Sar- atoga, until the terms of capitulation, which had been entered into by the British general, were duly ratified by, and obtained from, his government. Until this was done and received, it was thought expedient to remove them into the interiour of the country; and the neigh- bourhood of Charlottesville, in Virginia, was selected as the place of their residence. " There they arrived early in the year 1779. The winter was uncommonly severe; the barracks unfinish- ed for want of labourers ; no sufficient stores of bread laid in ; and the roads rendered impassable by the in- clemency of the weather and the number of wagons which had lately traversed them." Mr. Jefferson, aid-, ed by Mr. Hawkins, the commissary general, and the benevolent disposition of his fellow citizens, adopted every plan to alleviate the distresses of the troops, and to soften, as much as possible, the hardships of captiv- ity. Their efforts were attended with success. The officers who were able to command money rented houses and small farms in the neighbourhood, while the soldiers enlarged the barracks and improved their ac- commodations, so as in a short time to form a little community, flourishing and happy. These arrange- ments had scarcely been completed, when, in conse- quence of a power lodged in them by Congress, the Governour and Council of Virginia determined to re-^ move the prisoners to another state, or to another part of the same state. This intention was heard by the LIFE OF JEFFERSON. 8% captives with distress. Mr. Jefferson immediately ad- dressed a letter to Governour Henry, in which he stated the impolicy, impropriety, and cruelty of such a measure. But we will give this admirable letter to the reader, It speaks so well for the writer, is so illustrative of the more amiable traits of his character, is so correct in sentiment and glowing in language, and was finally so powerful in effect, that it would be an inexcusable omission in the memoirs of his life. Its incidents will repay perusal, while no tedium can affect the patience, lO HIS EXCELLENCY PATRICK HENRY. Albemarle, March 27, 1779. SIR, A report prevailing here, that in consequence of some powers from Congress, the Governour and Coun- cil have it in contemplation to remove the Convention troops, either wholly or in part, from their present sit- uation, I take the liberty of troubling you with some observations on that subject. The reputation and in- terest of our country, in general, may be affected by such a measure ; it would, therefore, hardly be deemed an indecent liberty in the most private citizen, to offer his thoughts to the consideration of the Executive. The locality of my situation, particularly in the neigh- bourhood of the present barracks, and the publick relation in which I stand to the people among whom they are situated, together with a confidence, which a personal knowledge of the members of the Executive gives me, that they will be glad of information from any quarter, on a subject interesting to the publickj $8 LITE X)F JEFFERSON^, induct me to hope that they will acquit me of impf o 4 - priety in the present representation. By an article in the Convention of Saratoga, it is stipulated, on the part of the United States, that the officers shall not be separated from their men. I sup- pose the term officers, includes general as well as re- gimental officers. As there are general officers who command all the troops, no part of them can be sepa- rated from these officers without a violation of the article r they cannot, of course, be separated from one another, unless the same general officer could be in different places at the same time. It is true, the article adds the words, " as far as circumstances will admit." This was a necessary qualification ; because, in no place in America, I suppose, could there have been found quarters for both officers and men together; those for the officers to be according to their rank. So far, then, as the circumstances of the place where they should be quartered, should render a separation necessary, in order to procure quarters for the officers, according to their rank, the article admits that separa- tion. And these are the circumstances which must have been under the contemplation of the parties ; both of whom, and all the world beside, (who are ultimate judges in the case,) would still understand that they were to be as near in the environs of the camp as con- venient quarters could be procured : and not that the qualification of the article destroyed the article itself, and laid it wholly at our discretion. Congress, indeed, have admitted of this separation ; but are they so far lords of right and wrong as that our consciences may be quiet with their dispensation? Or is the case LIFE OF JEFFERSON. 89 attnended by saying 1 they leave ft optional in the Gov- ernour and Council to separate the troops or not ? At the same time that it exculpates not them, it is draw- ing the Governour and Council into a participation in the breach of faith. If, indeed, it is only proposed, that a separation of the troops shall be referred to the con* sent of their officers ; that is a very different matter. Having carefully avoided conversation with them on publick subjects, I cannot say, of my own knowledge, how they would relish such a proposition. I have heard from others, that they will choose to undergo any thing together, rather than to be separated, and that they will remonstrate against it in the strongest terms. The Executive, therefore, if voluntary agents in this measure, must be drawn into a paper war with them, the more disagreeable, as it seems that faith and reason will be on the other side. As an American, I cannot help feeling a thorough mortification, that our Con- gress should have permitted an infraction of our pub- lick honour ; as a citizen of Virginia, I cannot help hoping and confiding, that our supreme Executive, whose acts will be considered as the acts of the com- monwealth, estimate that honour 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 Gov- etnour and Council to determine on this, I am satisfi- ed that, suppressing every other consideration, and weighing the matter dispassionately, they will deter- mine upon this sole question, Is it for the benefit of those for whom they act, that the Convention troops should be removed from among them? Under the 9 90 LIFE OF JEFFERSON. head of interest, these circumstances, viz. the expense of building barracks, said to have been 25,000, and of removing the troops backwards and forwards, amount- ing to I know not how much, are not to be pretermit- ted, merely because they are continental 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 these troops or on their account, are brought into and expended in this state, are a great and local advantage. This can require no proof. If, at the conclusion of the war, for instance, our share of the continental debt should be twenty millions of dollars, or say that we are called on to furnish an annual quo- ta of two millions four hundred thousand dollars, to Congress, to be raised by tax, it is obvious that we should raise these given sums with greater or less ease,' in proportion to the greater or less quantity of money found in circulation among us. I. expect that our cir- culating money is, by the presence of these troops, at the rate of $30,000 a week at the least. I have heard, indeed, that an objection arises to their being kept within this state, from the information of the commis- sary that they cannot be subsisted here. In attending to the information of that officer, it should be borne in mind that the county of King William and its vicini- ties are one thing, the territory of Virginia another. If the troops could be fed upon long letters, I believe the gentleman at the head of that department in this eountry would be the best commissary upon earth. But till I see him determined to aet, not to write to sacrifice his domestick ease to the duties of his ap- pointment, and apply to the resources of this tountry, LIFE OF JEFFERSON. 91 wheresoever they are to be had, I must entertain a different opinion of him. I am mistaken if, for the animal subsistence 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 re- duced at once to a regular machine, to a system, and the whole put into movement and animation by the jto of a comprehensive mind. If the commonwealth of Virginia cannot furnish these troops with bread, I would ask of the commissariat, which of the thirteen is now become the grain colony? If we are in dan- ger of famine from the addition of four thousand mouths, what is become of that surplus of bread, the exportation of which used to feed the West Indies and eastern states, and fill the colony with hard money? When I urge the sufficiency of this state, however, to subsist these troops, I beg to be understood as having in contemplation the quantity of provisions necessary for their real use, and not as calculating what is to be lost by the wanton waste, 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 intrusted with the keeping it, to pillage and destruction ; and if, when laid up in the continental stores, it is still to be em- bezzled and sold, the land of Egypt itself would be insufficient for their supply, and their removal would be necessary, not to a more plentiful country, but to more able and honest commissaries. Perhaps, the 92 LIFE OP XEFFERSOff. magnitude of this question, and its relation to th# whole state, may render it worth while to await the opinion of the National Council, which is now to meet within a few weeks. There is no danger of distress in the mean time, as the commissaries affirm they have a great sufficiency of provisions for some time to come. Should the measure of removing them into another state be adopted and carried into execution be- fore the meeting of the Assembly, no disapprobation of theirs will bring them back, because they will then be in the power of others, who will hardly give them up. Want of information as to what may be the precise measure proposed by the Governour and Council, obliges me to shift my ground, and take up the subject in every possible form. Perhaps they have not thought to remove the troops out of this state altogether, but to some other part of it. Here, the objections arising- from the expenses of removal, and of building new barracks, recur. As to animal food, it may be driven to one part of the country as easily as to another: that circumstance, therefore, may be thrown- out of ques- tion. As to bread, I suppose they will require about forty or forty-five thousand bushels of grain a year. The place to which it is to be brought to them, is about the centre of the state. Besides that the country round about is fertile, all the grain made in the counties ad- jacent to any, kind of navigation, may be brought by water to within twelve miles of the spot. For these twelve miles, wagons must be employed ; I suppose half a dozen will be a plenty. Perhaps this part of the expense might have been saved, had the barracks been built on the water ; but it is not sufficient to justi- LIFE OP JEFFERSON. 93 fy their being abandoned now they are built. Wagon- age, indeed, seems to the commissariat an article not worth economizing. The most wanton and studied eircuity of transportation has been practised ; to men- tion only one act, they have bought quantities of flour for these troops in Cumberland, have ordered il to be wagoned down to Manchester, and wagoned thence up to the barracks. This fact happened to fall within my own knowledge. I doubt not there are many more such, in order either to produce their total removal, or to run up the expenses of the present situation, and satisfy Congress that the nearer they are brought to the commissary's own bed, the cheaper they will be subsisted. The grain made in the western counties may be brought partly in wagons as conveniently to this as to any other place ; perhaps more so, on account of its vicinity to one of the best passes through the Blue Ridge ; and partly by water, as it is near to James river, to the navigation of which, ten counties are adjacent above the falls. When I said that the grain might be brought hither from all the counties of the state adjacent to navigation, I did not mean to say it would be proper to bring it from all. On the contra- ry, I think the commissary should be instructed, after the next harvest, not to send one bushel of grain to the barracks from below the falls of the river, or from the northern counties. The counties on tide water are accessible to the calls for our own army. Their supplies ought therefore to be husbanded for them. The coun- ties in the northwestern parts of the state are not only within reach for our own grand army, but peculiarly necessary for the support of Mackintosh's army ; or 9* 94 LIFE OF JEFFERSON. for the support of any other northwestern expedition 5 ,, which the uncertain conduct of the Indians should render necessary; insomuch that if the supplies of that quarter should be misapplied to any other purpose, it would destroy in embryo every exertion, either for particular or general safety there. The counties above tide water, in the middle, southern and western parts of the country, are not accessible to calls for either of those purposes, but at such an expense of transportation as the article would not bear. Here, then, is a great field, whose supplies of bread cannot be carried to our army, or rather, which will raise no supplies of bread, because there is nobody to eat them. Was it not, then, wise in Congress to remove to that field four thousand idle mouths, who must otherwise have interfered \vith the pasture of our own troops ? And, if they are removed to any other part of the country, will it not defeat this wise purpose ? The mills on the waters of James river, above the falls, open to canoe navigation, are very many. Some of them are of great note, as man- ufacturers. The barracks are surrounded by mills. There are five or six round about Charlottesville. Any two or three of the whole might, in the course of the winter, manufacture flour sufficient for the year. To say the worst, then, of this situation, it is but twelve miles wrong. The safe custody of these troops is another circumstance worthy consideration. Equally removed from the access of an eastern or western en- emy, central to the whole state, so that, should they attempt an irruption in any direction, they must pass through a great extent of hostile country ; in a neigh- bourhood thickly inhabited by a robust and hardy peo- LIFE OF JEFFERSON. 95 pie, zealous in the American cause, acquainted with the use of arms, and the defiles and passes by which they must issue : it would seem that, in this point of view, no place could have been better chosen. Their health is also of importance. I would not endeavour to show that their lives are valuable to us, 'because it would suppose a possibility, that humanity was kicked out of doors in America, and interest only attended to. The barracks occupy the top and brow of a very high hill ; (you have been untruly told they were in a bottom ;) they are free from fog, have four springs which seem to be plentiful, one within twenty yards of the picket, two within fifty yards, and another within two hundred and fifty, and they propose to sink wells within the picket. Of four thousand people, it should be expected, according to the ordinary calcu- lations, 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 captiv- ity, his wishes and comforts are to be disregarded and even crossed? I think not. It is for the benefit of mankind to mitigate the horrours of war as much as possible. The practice, therefore, of modern nations, of treating captive enemies with politeness and generos- ity, is not only delightful in contemplation, but really interesting to all the world, friends, foes, and neutrals. Let us apply this : the officers, after considerable hard" ships, have all procured quarters comfortable and sat- 96 LIFE OF JEFFERSON. isfactory to them. In order to do this, they were obli- ged, in many instances, to hire houses for a year cer- tain, and at such exorbitant rents, as were sufficient to tempt independent owners to go out of them, and shift as they could. These houses, in most cases, were much out of repair. They have repaired them at a considerable expense. One of the general officers has taken a place for two years, advanced the rent for the whole time, anc^ been obliged, moreover, to erect additional buildings for the accommodation of part of his family, for which there was not room in the house rented. Independent of the brick work, for the car- pentry of these additional buildings, I know he is to pay fifteen hundred dollars. The same gentleman, to my knowledge, has paid to one person, three thousand six hundred and seventy dollars, for different articles to fix himself commodiously. They have generally laid in their stocks of grain and other provisions, for it is well known that officers do not live on their rations. They have purchased cows, sheep, &c., set in to farm- ing, prepared their gardens, and have a prospect of comfort and quiet before them. To turn to the sol- diers : the environs of the barracks are delightful, the ground cleared, laid off in hundreds of gardens, each enclosed in its separate paling: these well prepared, and exhibiting a fine appearance. General Riedesel, alone, laid out upwards of two hundred pounds in garden aeeds, for the German troops only. Judge what an extent of ground these seeds would cover. There in little doubt that their own gardens will furnish them a great abundance of vegetables through the year. Their poultry, pigeons, and other preparations of that LIFE OP JEFFERSON. 97 kind, present to the mind the idea of a company of farmers, rather than a camp of soldiers. In addition to the barracks built for them by the publick, and now very comfortable, they have built great numbers for themselves, in such messes as fancied each other : and the whole corps, both officers and men, seem now hap- py and satisfied with their situation. Having thus found the art of rendering captivity itself comfortable, and carried it into execution, at their own great ex- pense and labour, their spirit sustained by the prospect of gratifications rising before their eyes, does not eve- ry sentiment of humanity revolt against the proposi- tion of stripping them of all this, and removing them into new situations, where, from the advanced season of the year, no preparations can be made for carrying th'emselves comfortably through the heats of summer ; and when it is known that the necessary advances for the conveniences already provided, have exhausted their funds and left them unable to make the like exer- tions anew? Again; review this matter as it may re- gard 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. Indif- ferent nations will charge this either 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 98 LIFE OF JEFFERSON. eternal marches. Perseverance in object, though not by the most direct way, is often more laudable than perpetual changes, as often as the object shifts light. A character of steadiness in our councils is worth more than the subsistence of four thousand people. There could not have been a more unlucky concur- rence of circumstances than when these troops first eame. The barracks were unfinished for want of la- bourers, the spell of weather the worst ever known within the memory of man, no stores of bread laid in, the roads, by the weather and number of wagons, soon rendered impassable: not only the troops them- selves were greatly disappointed, but the people in the neighbourhood were alarmed at the consequences which a total failure of provisions might produce. In this worst state of things, their situation was seen by many and disseminated through the country, so as to occasion a general dissatisfaction, which even seized the minds of reasonable men, who, if not infected with the contagion, must have foreseen that the prospeci must brighten, and that great advantages to the people must necessarily arise. It has, accordingly, so hap- pened. The planters, being more generally sellers than buyers, have felt the benefit of their presence in the most vital part about them, their purses, and are now sensible of its source. I have too good an opin- ion of their love of order, to believe that a removal of these troops would produce arsy irregular proofs of their disapprobation, but I am well assured it would b extremely odious to them. To conclude. The separation of these troops would be a breach of publick faith : therefore I suppose it im- LIFE OF JEFFERSON. 99 possible. If they are removed 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 publick interest and publick security suffer, the comfortable and plentiful subsistence of our own army is lessened, the health of tha 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 dis- gusted with such a proceeding. I have thus taken the liberty of representing to you the facts and the reasons which seem to militate against the separation or removal of these troops. I am sen- sible, however, that the same subject may appear to different persons in very different lights. What I have urged as reasons, may, to sounder minds, be ap- parent fallacies. I hope they will appear, at least, so plausible, as to excuse the interposition of your Excellency's most obedient and most humble servant, TH: JEFFERSON. |. It needs no assurance from us to our readers that this appeal was entirely successful; nor was it ever for- gotten by those unfortunate captives from whom it averted tyranny, and for \vhose security and comfort it was penned. They duly appreciated his kindness and generosity, and their attachment and gratitude were lasting ; and in his subsequent travels through Europe, when chance again threw him in their socie- 100 LIFE OF JEFFERSON. ty, they loaded him with civility and kindness, and spoke to their countrymen in warm terms of the hos- pitality of Virginia. When about to leave Charlottes- ville, the principal officers wrote to him, to renew their thanks, and to bid him adieu; the answer of Mr. Jef- ferson to one of them has been preserved. " The little attentions," he says, "you are pleased to magnify so much, never deserved a mention or a thought. Op- posed as we happen to be in our sentiments of duty and honour, and anxious for contrary events, I shall, nevertheless, sincerely rejoice in every circumstance of happiness and safety which may attend you per- sonally:' To another of them he thus wrote : " The very small amusements which it has been in my power to furnish, in order to lighten your heavy hours, by no means merited the acknowledgments 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 action, where laurels not moistened with the blood of my country, may be gathered. I shall urge my sincere prayers for your obtaining eve- ry honour and preferment which may gladden the heart of a soldier. On the other hand, should y6tir fond- ness for philosophy resume its merited ascendency, is it impossible to hope that this unexplored country may tempt your residence, by holding out materials where- with to build a fame, founded on the happiness, and not on the calamities of human nature ? Be this as it may, a philosopher or a soldier, I wish you personal- ly many felicities." OF JEFFERSON. 101 CHAPTER III. ON the first of June, 1779, Mr. Jefferson was ap- pointed Governour of the commonwealth of Virginia, and retired from the legislature. Being elected also one of the Visiters of William and Mary College, a self-electing body, he effected during his residence in Williamsburgh that year, a change in the organization of that institution, by abolishing the grammar school, and the two professorships of Divinity and Oriental Languages, and substituting a professorship of Law and Police ; one of Anatomy, Medicine, and Chymis- try ; and one of Modern Languages ; and the charter being confined to six professorships, the Visiters added the Law of Nature anjd Nations and the Fine Arts to the duties of the Moral professor, and Natural History to those of the professor of Mathematicks and Natural Philosophy. " Being now," says he, " as it were identified with the commonwealth itself, to write my own history, during the two years of my administration, would be to write the publick history of that portion of the revo- lution within this state." We must, therefore, rely upon cotemporary history, and his own letters, for a relation of those events in which he was more person- ally concerned, and which occurred during his admin- istration of the government. 10 102 LIFE OF JEFFERSON. Mr, Jefferson was the second republican Governour of Virginia, he having been chosen to succeed the celebrated Patrick Henry, whose term of service had expired. The time of his accession was one at which its duties were no less trying than arduous and diffi- cult; it was at that period of the war when the Brit- ish government, exasperated by the long protraction of hostilities, and goaded by their continual defeats, in- creased the usual horrours of warfare, by the persecu- tion of the wretched prisoners who fell into their hands. The Governour of Virginia, among others, promptly expressed his determination to adopt, as the only resource against a system of warfare so barba- rous and unheard of, a retaliation on the British pris- oners in his power. Among the persons most conspicuous in these infa- mous transactions, was Henry Hamilton, Esq. who acted as Lieutenant Governour of the settlement at and about Detroit, and commandant of the British garrison there, under Sir Guy Carleton as Govern- our in chief. He had not only induced and instigated the Indians to their butcheries on the frontiers, but had treated all prisoners in his power with unprece- dented severity. This gentleman, on the fifth of De- cember, 1778, had possessed himself of post St. Vin- cenne, with the intention of attacking Kaskaskia in Illinois, and which there was no doubt of his carrying. There he expected to be joined by two hundred Indians from Michilimackinack, and five hundred Cherokees, Chickasaws, and other nations.] With this body he was to penetrate up the Ohio to Fort Pitt, sweeping Kentucky on his way, having light brass cannon for LIFE OF JEFFERSON. 103 the purpose, and expecting to be joined on the march by numerous bodies of Indians. With this force, he made no doubt that he could force all West Augusta. " Colonel Clarke, a brave and able officer of Virginia, was then in Kaskaskia with a small body of men, and made every preparation for resisting the expected at- tack. However, there was no hope of his holding out, and his destruction^ seemed inevitable. In the gloom of this despair, a Spanish merchant, who had been at St. Vincenne, arrived, and gave the following intelli- gence: That Mr. Hamilton had weakened himself by sending his Indians against the frontiers, and to block up the Ohio ; that he had not more than eighty men in garrison, three pieces of cannon, and some swivels mounted; and that he intended to attack Kaskaskia as soon as the winter opened, and made no doubt of clearing the western waters by the fall. On this in- formation, Colonel Clarke, with a promptitude that did him honour, and which his situation and circumstances justified, resolved upon becoming the assailant, and to attack him before he could collect his Indians again. The resolution was as desperate as his situation, but there was no other probability of securing the coun- try. He accordingly despatched a small galley which he had fitted up, mounting two four-pounders and four swivels, with a company of men and necessary stores on board, with orders to force her way, if possible, and station herself a few miles below the enemy, suf- fering nothing to pass her, and wait for further orders. In the mean time, he himself marched across the country with one hundred and thirty men, being all he could raise, and leaving Kaskaskia garrisoned by the 104 LIFE} OF JEFFERSON. militia. He marched on the 7th of February, and was sixteen days on the route ; while the inclemency of the season, high waters, &c. seemed to threaten the loss of the expedition. When within three leagues of the enemy, in a direct line, it took them five days to cross the drowned lands of the Wabash river, having- to wade often upwards of two leagues to their breast in water. Had not -the weather been warm, they must have perished. But on the evening of the 23d, they got on dry land, in sight of the enemy ; and at seven o'clock made an attack, as totally unforeseen by them as it must have been unexpected. The town immedi- ately surrendered with joy, and assisted in the siege, *There wa a continual fire on both sides for eighteen hours. The moon setting about one o'clock, the Col- onel had an entrenchment thrown up within rifle shot of their strongest battery, and poured such incessant showers of well-directed balls into their ports, that they silenced two pieces of cannon in fifteen minutes, with- out getting a man hurt. *' Governour Hamilton and Colonel Clarke had, on the following day, several, conferences, but did not agree until the evening, when the former agreed to surrender the garrison (seventy-nine in number) pris- oners of war, with considerable stores. Clarke had only one man wounded, "for," says the Cojonel with no little naivette, " not being able to lose many, I made them secure themselves well." " On the reception of these prisoners, the Governour of Virginia in Council determined, that Hamilton and two of his coadjutors should be ironed and confined in the dungeon of the publick jail, as, in some measure, ^ llFE OF JEFFERSON. 105 retaliation for the treatment American prisoners had deceived and were daily receiving at the hands of the enemy. An enumeration of the offences of this Hamilton, as exhibited by the Council, will give some faint idea of the manner in which the war was then carried on, and will be an ample justification of Mr. Jefferson for the apparent harshness of his proceedings. " In Council, June 18th, 1779. " The board proceeded to the consideration of the let- ters of Colonel Clarke, and other papers relating to Henry Hamilton, Esq. who has acted for some years past as Lieutenant Governour of the settlement at and about Detroit, and commandant of the British garri- son there, under Sir Guy Carleton as Governour in chief; Philip Dejean, justice of the peace for Detroit, and William Lamothe, captain of volunteers, prison- ers of war, taken in the county of Illinois. '* They find that Governour Hamilton has executed the task of inciting the Indians to perpetrate thir ac- customed cruelties on the citizens of the United States, without distinction of age, sex, or condition, with an eagerness and avidity which evince, that the general nature of his charge harmonized with his particular disposition. They should have been satisfied, from the other testimony adduced, that these enormities were committed by savages acting under his commis- sion; but the number of proclamations which, at differ- ent times, were left in houses, the inhabitants of which were killed or carried away by the Indians, one of which proclamations is in possession of the board, un- 10* 106 LIFE OF JEFFERSON. der the hand and seal of Governour Hamilton, puts this fact beyond a doubt. At the time of his captivity, it appears, he had sent considerable bodies of Indians against the frontier settlements of these states, and had actually appointed a great council of Indians, to meet him at Tennessee, to concert the operations of this present campaign. They find that his treatment of our citizens and soldiers, taken and carried within the limits of his command, has been cruel and inhuman; that in the case of John Dodge, a citizen of these states, which has been particularly stated to this board, he loaded him with irons, threw him into a dungeon, with- out bedding, without straw, without fire, in the dead of winter, and severe climate of Detroit; that in that State, he wasted him with incessant expectations of death; that when the rigours of his situation had brpught him so low that death seemed likely to with- draw him from their power, he was taken out and somewhat attended to, until a little mended, and before he had recovered ability to walk, was again returned to his dungeon, in which a hole was cut seven inches square only for the admission of air, and the same load of irons again put on him; that appearing, a second time, in imminent danger of being lost to them, he was again taken from his dungeon, in which he had lain from January till June, with the intermission of a ff w weeks only, before mentioned. That Governour Ham- ilton gave standing rewards for scalps, but offered none for prisoners, which induced the Indians, after making their captives carry their baggage into the neighbour- hood of the fort, there to put them to" tains, I meant, as soon as they should come down, to get the enterprise proposed to a chosen number of them* such whose courage and whose fidelity would be LIFE OF JEFFERSON. 128 above all doubt. Your perfect knowledge 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 re- .veal 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 themselves. 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. I will undertake, if they are successful in bringing him. off alive, that they shall receive five thousand guineas reward among them ; and to men formed for such an 'enterprise, it must be a great incitement to know that their names will be recorded with glory in history, ,with those of Van Wart, Paulding, and Williams. The enclosed order from Baron Steuben will authorize you to call for and to dispose of any force you may think necessary to place in readiness for covering the enterprise, and securing the retreat of the party. Mr. Newton, the bearer of this, and to whom its contents are communicated in confidence, will provide men of trust to go as guides. These may be associated in the enterprise or not, as you please; but let the point be previously settled, that no difficulty may arise as to the parties entitled to participate in the reward. You know how necessary profound secrecy is in this busi- ness, even if it be not undertaken." There was no difficulty in finding men bold enough and ready enough to undertake this, or any other 124 'llFE OF JEFFERSON. , hazard'; but the attempt was rendered unavailing by the timely prudence of Arnold, who avoided every ex- posure to such a danger. Frustrated in this plan, the Governour turned his attention to another and bolder scale, in which he was to be aided by General Washington, and the French fleet. The latter, then at Rhode Island, were to sail immediately for James river, to prevent the escape of the enemy by sea, while a large body of troops should be collected on shore, for the purpose of blockading them, and ultimately compelling a surrender. On the eighth of March, Mr. Jefferson thus writes to the com- mander in chief. " We have made on our part, every preparation which we were able to make. The mili- tia proposed to operate willJbe upwards of four thou- sand from this state, and one thousand or twelve hun- dred from Carolina, said to be under General Gregory, The enemy are at this time, in a great measure, blockaded by land, there being a force on the east side of Elizabeth river. They suffer for provisions, as they are afraid to venture far, lest the French squadron should be in the neighbourhood, and come upon them. Were it possible to block up the river, a little time would suffice to reduce them by want and desertions j and would be more sure in its event than any attempt by storm." The French fleet, however, encountered, on their arrival at the Chesapeake, a British squadron of equal, if not superiour force, by which they were driven back; by these means the plan was defeated, and Arnold again escaped. But Virginia was not yet redeemed from disasters, and new difficulties were to be encountered by the tal- LIFE OF JEFFERSON. 125 ' ignis and activity of her Governour. Arnold had scarcely left the coast, when Cornwallis entered the state on the southern frontier. " I make no doubt you will have heard," writes Mr. Jefferson in a communi- cation of May 28, shortly after the invasion, to Gen- eral Washington, " before this shall have the honour of being presented to your Excellency, of the junction of Lord Gornwallis with the force at Petersburgh un- der Arnold, who had succeeded to the command on the death of Major General Phillips. I am now ad- vised : that 'they have evacuated Petersburgh, joined at Westover a reinforcement of two thousand men just arrived from New York, crossed James river, and on the 26th instant, were three miles advanced on their way towards Richmond ; at which place Major Gene- ral the Marquis Lafayette lay with three thousand men, regulars and militia ; these being the whole number we could arm until the arrival of the eleven hundred arms from Rhode Island, which are, about this time, at the place where our publick stores are deposited. The whole force of the enemy within this state, from the best intelligence I have been able to get, is, I think, about seven thousand men, infantry and cavalry, inclu- ding, also, the small garrison left at Portsmouth. A number of privateers, which are constantly ravaging the shores of our rivers, prevent us from receiving any aid from the counties lying on navigable waters; and powerful operations meditated against our western frontier, by a joint force of British and Indian sava- ges, have, as your Excellency before knew, obliged us to imbody between two and three thousand men in that quarter. Your Excellency will judge from this state 12 126 LIFE OF JEFFERSON. of things and from what you know of our country, what it may probably suffer during the present cam- paign. Should the enemy be able to produce no op- portunity of annihilating the Marquis' army, a small proportion of their force may yet restrain his move- ments effectually, while the greater part are employed, in detachment, to waste an unarmed country, and lead the minds of the people to acquiesce under those events, which they see no human power prepared to ward off. We are too far removed from the other scenes of war, to say whether the main force of the enemy be within this state. But I suppose they can- not any where spare so great an army for the opera- tions of the field. Were it possible for this circum- stance to justify in your Excellency a determination to lend us your personal aid, it is evident from the uni- versal voice, that the presence of their beloved country- man, whose talents have so long been successfully employed in establishing the freedom of kindred states, to whose person they have still flattered themselves they retain some right, and have ever looked up, as their dernier resort in distress, would restore full confi- dence of salvation to our citizens, and would render them equal to whatever is not impossible. I cannot undertake to foresee and obviate the difficulties which lie in the way of such a resolution. The whole sub- ject is before you, of which I see only detached parts ; and your judgement will be formed on a view of the whole. Should the danger of this state, and its conse- quence to the Union, be such as to render it best for the whole that you should repair to its assistance, the difficulty would then be, how to keep men out of the LIFE OF JEFFERSON. 127 field. I have undertaken to hint this matter to your Excellency, not only on my own sense of its impor- tance to us, but at the solicitations of many members of weight in our legislature, which has not yet as- sembled to speak their own desires. A few days will bring me that relief which the con- stitution has prepared for those oppressed with the la- bours of my office, and a long declared resolution of relinquishing it to abler hands, has prepared my way for retirement to a private station : still, as an individu- al, I should feel the comfortable effects of your pres- ence, and have (what I thought could not have been) an additional motive for that gratitude, esteem, and re- spect, with which I have the honour to be," &c. No country, certainly, was ever worse prepared for defence than was Virginia at the time of this hostile irruption ; her troops had been drawn off to distant quarters, her resources had been exhausted to supply other states, and she was alike destitute of military stores and of funds to obtain them. The whole bur- den of affairs, too, had been thrown on the Governour; the legislature had hastily adjourned on the invasion of Arnold in January, to meet again at Charlottesville on the 24th of May ; in the mean time he had no re- source' but to make the best of the means which Prov- idence had given him, and to depend on that good for- tune which had already so often befriended his coun- try, at moments the most gloomy and unpromising. To resist invasion, the militia was his only force ; and the resort even to this, was limited by the deficiency of arms. He used every effort, however, to increase its efficacy. When it was sent, into the field, he called 128 LIFE O* JEFFERSON. into service a number of officers who had resigned, or been thrown out of publick employment by reductions of continental, regiments for want of men, and gave them commands ; an expedient which, together with the aid of the old soldiers scattered in the ranks, pro- duced a sudden and highly useful degree of skill, dis- cipline, and subordination. Men were drafted for the regular regiments, and considerable detachments of the militia were sent to the south, and a number of horses, essentially necessary, were rapidly obtained by an expedient of Mr. Jefferson's. Instead of using a mercenary agency, he wrote to an individual, general- ly a member of Assembly, in each of the counties where they were to be had, to purchase a specified number with the then expiring paper money. This expedient met with a success highly important to the common cause. Nor was it sufficient to protect his own state alone ; aid was demanded for the Carolines, and this, though increasing the destitution and distress at home, was furnished to a considerable extent. At length, however, exhausted by her efforts to aid her sister states, almost stripped of arms, without money, and harassed on the east and on the west with formi- dable invasions, Virginia appeared at last without re- sources. In this state of things, the 24th of May arrived, but it was not 'until the 28th that the legislature was form- ed at Charlottesville, to proceed to business. On that day, the Governour addressed that letter to the com- mander in chief which we have last inserted. On the 2d of June, the term for which Mr. Jefferson had beea elected, expired, and he returned to the situation of. a. LIFE OF JEFFERSON. 129 private citizen, after having conducted the affairs of his state through a period of difficulty and danger, without any parallel in its preceding or subsequent history, and with a prudence and energy that might Jiave gained him more fame, had the times been less unpropitious, but which, from that very reason, have been, and will be, more appreciated and honoured in succeeding times. " I resigned," says he, "from a be- lief that, under the pressure of the invasion under which we were then labouring, the publick would have more confidence in a military chief, and that, the mili- tary commander being invested with the civil power also, both might be wielded with more energy, promp- titude and effect, for the defence of the state." Two days after his retirement from the government, says the biographer who has already afforded us our information of the military events during his adminis- tration, and when on his estate at Monticello, intelli- gence was suddenly brought that Tarleton, at the head of two hundred and fifty horse, had left the main army for the purpose of surprising and capturing the mem- bers of Assembly at Charlottesville. The house had just met, and was about to commence business, when the alarm was given : they had scarcely taken time to adjourn informally to meet at Staunton on the seventh, when the enemy entered the village, in the confident expectation of an easy prey. . The escape was indeed narrow, but no one was taken. In pursuing the legis- lature, however, the Governour was not forgotten ; a troop of horse under a Captain M'Leod had been de- spatched to Monticello, fortunately with no better suc- cess. The intelligence received at Charlottesville was 12* 150 LIFE OF JEFFERSON. soon conveyed thither, the distance between the two places being very short. Mr. Jefferson immediately ordered a carriage to be in readiness to carry off his family, who, however, breakfasted at leisure with some guests. Soon after breakfast, and when the visiters had left the house, a neighbour rode up in full speed, with the intelligence that p. troop of horse was then ascending the hill. Mr. Jefferson now sent off his family, and after a short delay for some indispensable arrangements, mounted his horse, and taking a course through the woods, joined them at the house of a friend, where they dined. It would scarcely be believed by those not acquainted with the fact, that this flight of a single and unarmed man from a troop of cavalry, whose whole legion, too, was within supporting distance, and whose main object was his capture, has been the subt ject of volumes of reproach, in prose and poetry, serious and sarcastick. In answer to some inquiries from Dr. Gordon, Mr, Jefferson gives the following account of the treatment his property received, both from Tarleton and Lord Cornwallis : " You ask in your letter of April the 24th, details of my sufferings by Colonel Tarleton. I did not suffer by him. On the contrary, he behaved very genteelly with me. On his approach to Char- lottesville, which is within three miles of my house at Monticello, he despatched a troop of his horse, under Captain M'Leod, with the double object of taking me prisoner, with the two Speakers of the Senate and Del 1 egates, who then lodged with me, and of remaining there in vidette, my house commanding a view of ten or twelve miles round about. He gave strict orders to LIFE OF JEFFERSON. 131? Captain M'Leod to suffer nothing to be injured. The troop failed in one of their objects, as we had notice of their coming, so that the two Speakers had gone off about two hours before their arrival at Monticello, and myself, with my family, about five minutes. But Cap- tain M'Leod preserved every thing with sacred care, during about eighteen hours that he remained there. Colonel Tarleton was just so long at Charlottesville,, being hurried from thence by the news of the rising of the militia, and by a sudden fall of rain, which threat- ened to swell the river and intercept his return. In general, he did little injury to the inhabitants on that short and hasty excursion, which was of about sixty, miles from their main army, then in Spottsylvania, , and ours in Orange, It was early in June, 1781. Lord Cornwallis then proceeded to the point of Fork, and encamped his army from thence all along the main James river, to a seat of mine called Elk Hill, opposite to Elk Island, and a little below the mouth of the Byrd Creek. He remained in this position ten days, hia own head quarters being in my house at that plac. I had time to remove most of the effects out of the house, He destroyed all my growing crops of corn and tobac- co ; he burned all my barns, containing the same arti- cles of the last year, having first taken what corn he wanted ; he used, as was to be expected, all my stock of cattle, sheep and hogs, for the sustenance of his army, and carried off all the horses capable of service j 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. . 132 LIFE OF JEFFERSON. have done right : but it was to consign them to inevi- table death from the smallpox and putrid fever, then raging in his camp. This I knew afterwards 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 with his own hands, but that it was all done under his own eye : the situation of the house in which he was, command- ing 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 neighbourhood somewhat in the same style, but not with that spirit of total extermination with which he seemed to rage over my plantation. Whereever he went, the dwelling houses were plundered of every thing which could be carried off. Lord Cornwallis's 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 private houses, can be proved by many hundred eye-witnesses. From an estimate I made at that time, on the best information I could collect, I suppose the state of Virginia lost under Lord Cornwallis's hands, that year, about thirty thou- sand slaves ; and that of these, about twenty-seven thousand died of, the smallpox 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 believe they have lately been sent to Africa. History LIFE OF JEFFERSON. will never relate the horrours committed by the BritisV 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 faithful specimen of their transactions for ten days of that tim^, and on one spot only. Ex pede Herculem. I suppose their whole 'devastations during those six months amounted to about three millions sterling." In times of difficulty and danger, it is seldom that the actions of the wisest and the best can escape with- out censure. Where they are not the marks of ma- levolence, they are yet dwelt on with morbid distrust by the discontented and the timid ; they are contrasted by every speculative reasoner with the fanciful schemes which his own imagination has suggested; and if they do not chance to be crowned with unexpected success, the failure is attributed to intrinsick weakness, rather than to unavoidable accident. In the preceding pages a rapid sketch has been recorded of the publick acts of Mr. Jefferson during the singularly eventful period in which he was placed at the head of the government in Virginia. The truth of those facts may be relied on. From them, a reader of the present day, far removed from the bustle and feelings of the times, may form a calm judgement of the principles and talents of the man, when placed in this station of unexpected difficulty. There is little danger in asserting, that such a judge- ment will be as favourable to the zeal and talents of the statesman, as it will be honourable to the feelings and patriotism of the man. It would, therefore, seem almost, useless to record imputed errours and unfounded cha^ 134 LIFE OF JEFFERSON. ges with regard to him, which have passed into oblivion by the lapse of years, were it not in some degree a duty, not to pass unnoticed, events which, in their own day at least, excited considerable attention. The meeting of the legislature at Staunton was at- tended by several members who had not been present at Richmond at the period of Arnold's incursion. One of these, Mr. George Nicholas, actuated, it is said, by no unkind feelings, yet, it must be acknowledged, with a patriotism somewhat too ardent, accused the late Gov- ernour of great remissness in his measures on that oc- casion, and moved for an inquiry relative to them. To this Mr. Jefferson nor his friends had the least objec- Jion, nor did they make the slightest opposition. The ensuing session of the legislature was the period fixed ibr the investigation, but before it arrived, Mr. Nicho- las, convinced that the charges were unfounded, in the most honourable and candid manner declined the far- ther prosecution of the affair. In the mean time, that he might be placed on equal grounds for meeting the inquiry, one of the representatives of his county re- signed his seat, and Mr. Jefferson was unanimously elected in his place. When the house assembled, no one appeared to bring forward the investigation ; he, however, rose in his place, and recapitulating the char- ges which had been made, stated in brief terms his own justification. His remarks were no sooner concluded, than the house passed unanimously the following resolution : " Resolved, That the sincere thanks of the General Assembly be given to our former Governour, Thom- $s Jefferson, for his impartial, upright, and attentive ad- 1IFE OF JEFFERSON. 13$ ministration whilst in office. The Assembly wish, in the strongest manner, to declare the high opinion they entertain of Mr. Jefferson's ability, rectitude, and in- tegrity, as chief magistrate of this commonwealth, and mean, by thus publickly avowing their opinion, to ob- viate and to remove all unmerited censures." It is due to Mr. Nicholas to state, that in a publica- tion some time afterwards, he made an honourable ac- knowledgment of the erroneous views he had enter- tained on the subject. The same candour has not mark- ed all the opponents of Mr. Jefferson ; but we are not, however, now to learn, that in the violence of politi- cal asperity, circumstances long proved, and generally acknowledged to be incorrect, are brought forward with no inconsiderable effrontery, and the mild and virtuous must be content to wait until time has swept away the fabrications and assertions of faction, and con- firmed that which is founded in honesty and truth. On the 15th June, 1781, Mr. Jefferson was appoint- ed, with Mr. Adams, Dr. Franklin, Mr. Jay, and Mr. Laurens, a Minister Plenipotentiary for negotia- ting peace, then expected to be effected through the me- diation of the Empress of Russia; but such was the state of his family, that he could neither leave it nor expose it to the dangers of the sea, and was consequently obli- ged to decline. In the autumn of the next year, Con- gress having received assurances that a general peace would be concluded in the winter and spring, renewed his appointment on the 13th November of that year. Two months before the last appointment, he had lost the cherished companion of his life, in whose affec- tions, unabated on both sides, he had lived the last ten LIFE OF JEFFERSON. years in unchequered happiness. With the publick in- terests, the state of his mind concurred in recommend- ing the change of scene proposed; he accordingly ae* ceptedthe appointment, and left Monticello on the 19th of December, 1 782, for Philadelphia, where he arrived on the 27th. The minister of France, Luzerne, offer- ed him a passsage in the Romulus frigate, and which was accepted ; but she was then lying a few miles be- low Baltimore, blocked up in the ice. Mr. Jefferson remained, therefore, a month in Philadelphia, looking over the papers in the office of state, and possessing himself of the general situation of our foreign relations, and then went to Baltimore, to await the liberation of the frigate -from the ice. After waiting there nearly a -month, ^information was received, that a provisional treaty of peace had been signed by our Commission- ers on the 3d of September, 1782, to become absolute on the conclusion of peace between France and Great Britain. Considering his proceeding to Europe as now of no utility to the publick, he returned immediately to Philadelphia, to take the orders of Congress, and was excused by them from further proceeding. He there- fore returned home, and arrived there on the 15th of May, 1783. On the sixth of June, 1783, Mr. Jefferson was again elected a delegate to Congress, the appointment to take place on the 1st of November ensuing, when that of the existing delegation would expire. He according- ly left home on the 16th of October, arrived at Tren- ton, where Congress was sitting, on the 3d November, and took his seat on the 4th, on which day Congress adjourned, to meet at Annapolis on the 26th. LfFE OF JEFFERSON. 137 '"Congress," says he, "had now become a very ^small body, and the members very remiss in their at- tendance on its duties, insomuch that a majority of tho states, necessary by the Confederation to constitutes house, even for minor business, did not assemble until the 13th of December. In this body, Mr. Jefferson, as was to be expected, took a prominent station, and became, at once, engaged in all the principal measures that occupied the publick attention. Among other services rendered by him, was that of establishing a standard of value for the country, and the adoption of a money unit. "They," (Con- gress,) says Mr. Jefferson, "as early as January 7, 1782, had turned their attention to the moneys current in T the several states, and had directed the Financier, Robert Morris, to report to them a table of rates, at which the foreign coins should be received at the treasury. That officer, or rather his assistant, Gouverneur Morris, answered them on the 15th, in an able and elaborate statement of the denominations of money current in the several states, and of the comparative value of the foreign coins chiefly in circulation with us. He went into the consideration of the necessity of establishing a standard of value with us, and of the adoption of a money unit. He proposed for that unit, such a fraction of pure silver as would be a common measure of the penny of every state, without leaving a fraction. This common divisor he found to be y^ of a dollar, or T1 \ o of the crown sterling. The value of a dollar was, therefore, to be expressed by 1440 units, and of a crown by 1600; each unit containing a quarter of a grain of fine silver. Congress turning again their attention to 13 138 LIFE OF JEFFERSON. this subject the following year, the Financier, by a letter of April 30, 1783, further explained and urged the unit he had proposed, but nothing more was done on it until the ensuing year, when it was again taken up, and referred to a committee, of which I was a member. The general views of the Financier were sound, and the principle was ingenious oh which he proposed to found his unit ; but it was too minute for ordinary use, too laborious for computation, either by the head or in figures. The price of a loaf of bread, j\ of a dollar, would be 72 units. A pound of butter, j of a dollar, 288 units. A horse, or bullock, of eighty dollars' value, would require a notation of six figures, to wit, 115,200; and the publick debt, suppose of eighty millions, would require twelve figures, to wit, 115,200,000,000 units. Such a system of money- arithmetick would be entirely unmanageable for the common purposes of society. I proposed, therefore, instead of this, to adopt the dollar as our unit of account and payment, and that its divisions and subdivisions should be in the decimal ratio. I wrote some notes on the subject, which I submitted to the consideration of the Financier. I received his answer, and adherence to his general system, only agreeing to take for his unit one hundred of those he first proposed, so that a dollar should be 14 T \o> an d a crown 16 units. I re- plied to this, and printed my Notes and Reply on a flying sheet, which I put into the hands of the members of Congress for consideration, and the committee agreed to report on my principle. This was adopted the en- suing year, and is the system which now prevails. The division into dimes, cents, and mills, is now so LIFE OF JEFFERSON. 139 well understood, that it would be easy of introduction into the kindred branches of weights and measures. I use, when I travel, an Odometer of Ckrke's inven- tion, which divides the mile into cents, and I find every one comprehends a distance readily, when stated to him in miles and cents ; so he would in feet and cents, pounds and cents, &c." I will again extract, from the memoirs of Mr. Jef- ferson, what follows below, for the sake of introducing a practical anecdote from Dr. Franklin : " The re- missness of Congress, and their permanent session, began to be a subject of uneasiness ; and even some of the legislatures had recommended to them intermis- sions, and periodical sessions. As the Confederation had made no provision for a visible head of the gov- ernment during vacations of Congress, and such a one was necessary to superintend the executive business, to receive and communicate with foreign ministers and nations, and to assemble Congress on sudden and ex- traordinary emergencies, I proposed, early in April, the appointment of a committee to be called the " Com- mittee of the States," to consist of a member from each state, who should remain in session during the recess of Congress ; that the functions of Congress should be divided into executive and legislative, the latter to be reserved, and the former, by a general resolution, to be delegated to that committee. This proposition was afterwards agreed to ; a committee appointed, who af- terwards entered on duty on the subsequent adjourn- ment of Congress, quarrelled very soon, split into two parties, abandoned their post, and left the government without any visible head, until the next meeting of HO LIFE Or JEFFERSON. Congress. We have since seen the same thing take place in the Directory of France ; and I believe it will for ever take place in any Executive consisting of a plurality. Our plan best, I believe, combines wisdom and practicability, by providing a plurality of counsel- lors, but a single arbiter for ultimate decision. I was in France when we heard of this schism and separation of our committee, and speaking with Dr. Franklin of this singular disposition of men to quarrel, and divide into parties, he gave his sentiments, as usual, by way of apologue. He mentioned the Eddystone lighthouse; in the British channel, as being built on a rock, in the mid-channel, totally inaccessible in winter, from the boisterous character of that sea, in that season ; that, therefore, for the two keepers, and there are only two, employed to keep up the lights, all provisions for the winter were necessarily carried to them in autumn, as they could never be visited again till the return of the milder season ; that on the first practicable day in the spring, a boat puts off to them with fresh supplies. The boatmen met at the door one of the keepers, and accosted him with a ' How goes it, friend?' 'Very well. 1 ' How is your companion?' 'I do not know. 1 'Don't know? is he not here ?' 'I can't tell.' 'Have you not seen him to-day?' 'No.' 'When did you see him ?' ' Not since last fall.' ' You have killed him.' * Not I, indeed.' They were about to lay hold of him, as having certainly murdered his companion ; but he desired them to go up stairs and examine for themselves. They went up, and there found the other keeper. They had quarrelled, it seems, soon after being- left there, had divided into two parties, assigned the LIFE OF JEFFERSON. 141 ares below to one, and those above to the other, and had never spoken to, or seen, one another since." The following advice is good, and even at the pre- sent day is not totally inapplicable : " Our body was little numerous, but very contentious. Day after day was wasted on the most unimportant questions. A member, one of those afflicted with the morbid rage of debate, of an ardent mind, prompt imagination, and co- pious flow of words, who heard with impatience any logick which was not his own, sitting near me on some occasion of a trifling but wordy debate, asked me how 1 could sit in silence, hearing so much false reasoning which a word should refute? I observed to him, that to refute indeed was easy, but to silence impossible; that in measures brought forward by myself, I took the labouring oar, as was incumbent on me ; but that in general, I was willing to listen ; that if every sound argument or objection was used by some one or other of the numerous debaters, it was enough; if not, I thought it sufficient to suggest the omission, without going into a repetition of what had been already said by others : that this was a waste and abuse of the time and patience of the house, which could not be justified. And I believe, that if the members of deliberative bo- dies were to observe this course generally, they would do in a day, what takes them a week; and it is really more questionable, than may at first be thought, wheth- er Bonaparte's dumb legislature, which said nothing, and did much, may not be preferable to one which talks much, and does nothing. I served with General Washington in the legislature of Virginia, before the revolution, and during it, with Dr. Franklin in Con- 13* 142 LIFE OF JEFFERSOHT. gress. I never heard either of them speak ten min- utes at a time, nor to any but the main point which was to decide the question. They laid their shoulders to the great points, knowing that the little ones would follow of themselves. If the present Congress errs in too much talking, how can it be otherwise, in a body to which the people send one hundred and fifty lawyers, whose trade it is to question every thing, yield noth- ing, and talk by the hour? That one hundred and fifty lawyers should do business together, ought not to- be expected." Early in December, letters were received from the commissioners in France, accompanied with the de- finitive treaty between the United States and Great Britain, which had been signed at Paris on the third of September. They were immediately referred to a committee, of which Mr. Jefferson was chairman. On the fourteenth of January, 1784, on the report of this committee, the treaty was unanimously ratified; thus putting an end to the eventful struggle between the two countries, and confirming the independence which had already been gained. About this period an opportunity was offered to Mr. Jefferson, of expressing again, as he had already so frequently done, his earnest desire to provide for the emancipation of the negroes, and the entire abolition of slavery in the United States. Being appointed chairman of a committee to which was assigned the task of forming a plan for the temporary government of the Western Territory, he introduced into it the fol- lowing clause: "That after the year 1800 of the ehristian era, there shall be neither slavery, nor invol^ OP JEFFERSOW. untary servitude in any of the said states, otherwise than in punishment of crimes, whereof the party shall* hare heen convicted to have been personally guilty." When the report of the committee was presented to Congress, these words were, however, struck out. On the 7th of May, Congress resolved that a Min- ister Plenipotentiary should be appointed, in addition to Mr. Adams and Dr. Franklin, for negotiating trea- ties of commerce with foreign nations, and Mr. Jeffer- son was elected to that duty. He accordingly left An- napolis on the llth, taking with him his eldest daugh- ter, then at Philadelphia, and proceeded to Boston in quest of a passage. While passing through the differ- ent states, he informed himself of the condition of the commerce of each, went on to New Hampshire with the same view, and returned to Boston. Thence he sailed on the 5th of July in a merchant ship bound to Cowes : which, after a pleasant voyage of nineteen days, reached the place of her destination on the 26th, After being detained there a few days by the indispo- sition of his daughter, he embarked on the 30th for Havre, arrived there on the 31st, left it on the 3d of August, and arrived at Paris on the 6th. He called immediately on Dr. Franklin, at Passy, communicated to him their charge, and wrote to Mr. Adams, then at the Hague, to join them at Paris. " Before I had left America," states Mr. Jefferson in his memoirs, " that is to say, in the year 1781, I had received a letter from M. de Marbois, of the French legation in Philadelphia, informing me, he had been instructed by his government to obtain such statistical accounts of the different states of our Union, as might. 144 LIFE OF JEFFERSON. be useful for their information ; and addressing to m^ a number of queries relative to the state of Virginia. I had always made it a practice, whenever an oppor- tunity occurred of obtaining any information of our country, which might be of use to me in any station, publick or private, to commit it to writing. These memoranda were on loose papers, bundled up without order, and difficult of recurrence, when I had occasion for a particular one. I thought this a good occasion to imbody their substance, which I did in the order of Mr. Marbois' queries, so as to answer his wish, and to arrange them for my own use. Some friends, to whom they were occasionally communicated, wished for co- pies ; but their volume rendering this too laborious by hand, I proposed to get a few printed for their gratifica- tion. I was asked such a price, however, as exceeded the importance of the object. On my arrival at Paris, I found it could be done for a fourth of what I had been asked here. I therefore corrected and enlarged them, and had two hundred copies printed, under the title of ' Notes on Virginia.' I gave a very few copies to some particular friends in Europe, and sent the rest to my friends in America. An European copy, by the death of the owner, got into the hands of a book- seller, who engaged its translation, and when ready for the press, communicated his intentions and manu- script to me, suggesting that 1 should correct it, without asking any other permission for the publication. I never had seen so wretched an attempt at translation. Interverted, abridged, mutilated, and often reversing the sense of the original, I found it a blotch of errours from beginning to end, I corrected some of the most LIFE OF JEFFERSON. 14& material, and in that form it was printed in French. A London bookseller, on seeing the translation, re- quested me to permit him to print the English original. I thought it best to do so, to let the world see that it I was not really so bad as the French translation had made it appear." Such was the origin and history of the celebrated " Notes on Virginia." This work comes recommended to us by its bland philosophy, the variety of its information, and the charming simplicity of. its style. In it, the fanciful and absurd theories of BufFon receive a gentle but most convincing refutation j and the greatest philoso- pher of his day is prostrated by a citizen of a then almost unknown and despised country. And when demanded, Mr. Jefferson can rise with his subject, and touch the pinnacle of loftiness in thought and sublimity of conception. But, as has been truly remarked, it is " in the interesting picture of Indian habits and man- ners ; the records of their untutored eloquence; the vindication of their bravery, their generosity, and their virtue ; in the delineation of the character, the fidelity, the kindly feelings of the enslaved negro race, whose champion he ever was, alike in- the times of colonial subjection, and of established freedom ; in his investi- gations relative to religious *and political liberty; in his researches in science, philosophy, and antiquity that every reader will find much to instruct and amuse. He will not perhaps regret that he chose publick life as the great theatre of his ambition, but he will ac- knowledge, that his fame would probably have been as, great in the more peaceful pursuits of science." In this work is also contained the famous speech c| 146 LIFE OF JEFFERSON. Logan, the Mingo chief, which seems to be no less gratifying to the nobility of intellect, than attractive as the theme of schoolboy declamation. Whether this speech, delivered to Lord Dunmore, be really the speech of this implacable warriour, or whether it was coined for him by the poetick fancy of his messenger, it would be difficult to decide. It is certainly charac- terized by the laconick and figurative style of the In- dians. It would require, however, a keen vision to perceive in it that "tender sentiment" and "sublime morality," which some of the historians of Virginia say it possesses. Is there any thing either tender or sub- lime in the declaration of savage vengeance, and the confession of having glutted himself with the blood of his enemies ? The end of this cormorant chieftain cor- responded with his life. After "having killed many, and glutted his vengeance with blood," he went to De- troit, on his return from which place he was murdered. After the return of peace had compelled Logan to for- bear the use of the tomahawk and scalping knife, he be- came addicted to the Indian's besetting sin, to that de- grading and debasing vice which paralyzes the phy- sical powers of man, which bows his intellect to im- becility, and brings destruction on his temporal for-* tunes and future prospects he became a confirmed and abandoned sot. The immoderate use of brandy had stupified his mental powers, and mingled- with the demoniack ferocity of the savage, the delirious ravings of the drunkard. But to return from this digression. Full powers were given by Congress to Mr. Jefferson and the other commissioners appointed by them, to form alliances of LIFE OF JEFFERSON. 147 amity and commerce with foreign states, and on the most liberal principles. Their efforts, however, do not appear to have been very successful, and indeed, after some reflection, and experience, it was thought better not to urge them too strongly, but to leave such regulations to flow voluntarily from the amicable dispo- sitions and the evident interests of the several nations. This necessity is not perhaps so much to be regretted from any loss sustained in consequence of it to the United States, as from the circumstance that it suffer- ed to pass unimproved so fortunate an opportunity of introducing into the law of nations, those honourable, humane, and just stipulations with regard to privateer- ing, blockades, contraband, and freedom of fisheries, which, at the suggestion of Dr. Franklin, the commis- sioners had been instructed to introduce, if possible, into all the conventions they might form. Since the treaty of peace, the English government had been particularly distant and unaccommodating in its relations with the United States ; but at one period of Mr. Jefferson's residence abroad, it was supposed that there were some symptoms of better disposition shown towards us. On this account he left Paris, and on his arrival at London, agreed with Mr. Adams on a very summary form of treaty, proposing " an ex- change of citizenship for our citizens, our ships, and our productions generally, except as to office." At the usual presentation, however, to the King and Queen, both Mr. Adams and himself were received in the most ungracious manner, and they at once discovered, that the ulcerations of mind in that quarter, left noth- ing to be expected on the particular subject of the visit. LIFE OF JEFFERSON. A few vague and ineffectual conferences followed, after which he returned to Paris. He did not, howev- er, cease to keep a watchful eye on the proceedings and conduct of the British nation, and his letters to the department of foreign affairs contain many facts in re- gard to it, and many instances of the jealous and un- friendly feeling which sprung from and long survived the misfortunes of her colonial conflict. Of the personal character of the monarch, Mr. Jef- ferson's estimate is certainly not very high, and the account he gives of the conduct and dispositions of his son, the late King, as it agrees in the main with other accounts as it was written solely for private and con- fidential information and as it could be founded on no party or local views may serve to confirm the similar relations current in those times. "As the character of the Prince of Wales is becom- ing interesting, I have endeavoured to learn what it truly is. This is less difficult in his case, than in that of other persons of his rank, because he has taken no pains to hide himself from the world. The informa- tion I most rely on, is from a person here with whom I am intimate, vyho divides his time between Paris and London, an Englishman by birth, of truth, sagacity, and science. He is of a circle, when in London, which has good opportunities of knowing the Prince: but he has also himself had special occasions of verifying their information by his own personal observation. He happened, when last in London, to be invited to a dinner of three persons. The Prince came by chance, and made the fourth. He ate half a leg of mutton ; did not taste of small dishes, because small; drank LIFE OF JEFFERSON. 140 C/hampaign and Burgundy as small beer during din- ner, and Bordeaux after dinner, as the rest of the com- pany. Upon the whole, he ate as much as the other three, and drank about two bottles of wine, without seeming to feel it. My informant sat next him, and being till then Unknown to the Prince, personally, (though not by character,) and lately from France, the Prince confined his conversation almost entirely to him. Observing to the Prince that he spoke French without the least foreign accent, the Prince told him, that, when very young, his father had put only French servants about him, and that it was to that circum- stance he owed his pronunciation. He led him from this to give an account of his education, the total of which was the learning a little Latin. He has not a single element of mathematicks, of natural or moral philosophy, or of any other science on earth, nor, has the society he has kept been such as to supply the void of education. It has been that of the lowest, the most illiterate and profligate persons of the kingdom, with- out choice of rank or mind, and with wliom the sub- jects of conversation are only horses, Or drinking matches, and in terms the most vulgar. The young nobility who begin by associating with him, soon leave him, disgusted with the insupportable profligacy of his society j and Mr. Fox, who has been supposed his favourite, and not over-nice in the choice of com- pany, would never keep his company habitually. In fact, he never associated with a man of sense. He has not a single idea of justice, morality, religion, or of the rights of men, nor any anxiety for the opinion of the world. He carries that indifference for fame so far, 14 ; 150 LIFE OF JEFFERSON. that he would probably not be hurt were he to lose his throne, provided he could be assured of having al- ways meat, drink, horses, and women. In the article of women, nevertheless, he is become more correct, since his connexion with Mrs. Fitzherbert, who is an honest and wqrthy woman : he is even less crapulous than he was. He had a fine person, but it is becoming more coarse. He possesses good native common sense; is affable, polite, and very good humoured. Saying to my informant, on another occasion, 'your friend, such a one, dined with me yesterday, and I made him damned drunk;' he replied, 'I am sorry for it; I had heard that your royal highness had left off drinking:' the Prince laughed, tapped him on the shoulder very good naturedly, without saying a word, or ever after showing any displeasure. The Duke of York, who was for some time cried up as the prodigy of the family, is as profligate, and of less understand- ing. To these particular traits, from a man of sense and truth, it would be superfluous to add the general terms of praise or blame in which he is spoken of by other persons, in whose impartiality and penetration I have less confidence, ' A sample is better than a de- scription. For the peace of Europe, it is best that the King should give such gleamings of recovery, as would prevent the regent or his ministry from thinking them- selves firm, and yet, that he should not recover." The commissioners succeeded in their negotiations only with the governments of Morocco and Prussia, The treaty with the latter power is so remarkable for some of the provisions it contains, thai it stands solitary in diplomacy and national law. Blockades arising LIFE OF JEFFERSON. 151 from all causes, and of every description, were abolish- ed by it ; the flag, in every case, covered the property, and contrabands were exempted from confiscation, though they might be employed for the use of the cap- tor, on payment of their full value. This, it is said, is the only convention ever made by America in which the last stipulation is introduced, nor is it known to ex- ist in any other modern treaty. On the tenth of March, 1785, Mr. Jefferson was unanimously appointed }>y Congress to succeed Dr. Franklin as minister plenipotentiary at the court of Versailles ; and on the expiration of his commission in October, 1787, he was again elected to the same honourable situation. He remained in France until October, 1789. While in France, Mr. JefTerson was engaged in many diplomatick negotiations of considerable impor- tance to this country, though not of sufficient interest to arrest the attention of the general reader, " The great questions which had so long occupied the pub- lick mind, were fitted to arrest the attention of the most thoughtless, affecting as they did the policy of nations and the fate of empires ; but the details which arise out of the interpretation of treaties, or the meas- ures which are necessary to increase their effect, and to remedy their deficiencies, are interesting only to him who studies the minute points of political history. These only were the objects which could claim the attention of the minister to France, at this period ; they did not call forth any prominent display of his great and various talents, but they required no ordinary ad- dress, involved as they were by the skilful intrigues of 152 LIFE OF JEFFERS01C. such ministers as Vergennes and Calonne, and op- posed, for the most part, by all the men of influence wha thought that their interests might be compromised or endangered. Among the principal benefits then ob- tained, and continued to the United States until the pe- riod of the French revolution, were the abolition of several monopolies, and the free admission into France of tobacco, rice, whale oil, salted fish, and flour ; and of the two latter articles into the French West India islands. During his residence in Europe, Mr. Jefferson also visited Holland, and his Memoir embraces a brief but clear account of the fatal revolution, by which the Prince of Orange made himself sovereign of that re- publick, so long and honourably independent. He also crossed the Alps, and travelled through Lombardy, though he did not extend his journey to the southern part of the peninsula. In returning to Paris, he visited all the principal seaports of the southern and western coasts of France, and made many and interesting ob- servations with regard to the culture of the vine, olive, and rice, which were carefully communicated to his friends across the Ailantick ; and he had reason to be- lieve, afterwards, that they had not failed to produce benefits, which^in time, will be of wide-extended utility. When Mr. Jefferson reached Paris, he found that city in high fermentation from the early events of the revolution ; and during the remainder of his stay in Europe, his attention was well and fully occupied in observing, as an eyewitness, the progress of, the extra- ordinary occurrences which from that time took place in rapid succession. L1F9 OF JEFFERSON. 153 Simply as the representative of a foreign people, he might be expected to do this ; but his situation as the minister of a nation which was supposed to have given the example, and by many, even in this very example, to have lain a train for the subsequent changes, not only caused him to be more curious and anxious him- self, but made him an object of interest and attention to the actors in these new scenes. He was, from circum- stances, much acquainted with the leading patriots of the National Assembly ; and as he came from a country which had passed successfully through a similar refor- mation, they were naturally disposed to seek his advice and place confidence in his opinions. It would have been affectation to deny that he looked with pleasure on a successful and beneficial change of the French government, not merely from the advantages it would bring to an oppressed nation, but as ensuring a general improvement in the condition of the people of Europe, ground to the dust as they w r ere by the tyranny of their rulers. But beyond these wishes he did not deem it just or proper to go: and on receiving, upon one occa- sion, an official invitation of the Archbishop of Bor- deaux to attend and assist at the deliberations of an important committee, he excused himself immediately, for the obvious reason, that his duties, as a publick functionary, forbade him to interfere in the internal transartions of the country. He did not, however, consider himself restrained from urging upon his friends of the patriotick party, and especially upon his intimate and influential companion, Lafayette, the propriety, on repeated occasions, of immediate and seasonable com- promise of securing what was offered by the govern- 14* 154 LIFE OF JEFFERSON, merit and thus, by degrees, gaining peaceably, what might be lost by grasping too much at once, or be won, as proved to be the case, if as much ever was after- wards won, at sacrifices dreadful beyond calculation. The following anecdote is a striking instance taken in Mr. Jefferson's opinions, to which we have alluded. " I received one morning," he says, " a note from the Marquis de Lafayette, informing me, that he should bring a party of six or eight friends, to ask a dinner of. me the next day. I assured them of their welcome. When they arrived, they were Lafayette himself, Du- port, Barnave, Alexander Lameth, Blacori, Mounier, Maubourg, and Dagout. These were leading patriots, . of honest but differing opinions, sensible of the neces- sity of effecting a coalition by mutual sacrifices, know- ing each other, and not afraid, therefore, to unbosom themselves mutually. This last was a material principle in the selection. With this \iew, the Marquis had invited the conference, and had fixed the time and place inadvertently, as to the embarrassment under which it. might place one. The cloth being removed, and wine set on the table, after the American manner, the Mar- quis introduced the objects of the conference, by sum- marily reminding them of the state of things in the Assembly, the course which the principles of the con- stitution were taking, and the inevitable result, unless checked by more concord among the patriots them- selves. He observed, that although he also had his opin- ion, he was ready to sacrifice it to that of his brethren of the same cause; but that a common opinion must now be formed, or the aristocracy would carry every thing r and that, whatever they should now agree on, he, at LIFE OF JEFFERSOlfr 155 &e head of the national force, would maintain. The discussions began at the hour of four, and were contin- ued till ten o'clock in the evening; during which time, I was a silent witness to a coolness and candour of ar- gument, unusual in the conflicts of political opinions; to a logical reasoning, and chaste eloquence, disfigur- ed by no gaudy tinsel of rhetorick or declamation, and truly worthy of being placed in parallel with the finest dialogues of antiquity as handed to us by Xenophon, by Plato,- and Cicero. But duties of exculpation were now incumbent on me. I waited on Count Montmo- rin the next morning, and explained to him, with truth and candour, how it had happened that my house had been made the scene of conferences of such a charac- ter. He told me, he aj ready knew every thing which had passed, that so far from taking umbrage at the use made of my house on that occasion, he earnestly wished I would habitually assist at such conferences, being sure I should be useful in moderating the warmer spirits, and promoting a wholesome and practicable reforma- tion only. I told him, I knew too well the duties I owed to the King, the nation, and to my own country, to take any part in councils concerning their internal government, and that I should persevere, with care, in the character of a neutral and passive spectator, with wishes only, and very sincere ones, that those meas- ures might prevail which would be for the greatest good of the nation. I have no doubt, indeed, that this con- ference was previously known and approved by this honest minister, who was in confidence and communi- cation with the patriots, and wished for a reasonable, re- fprm of the constitution, t55 LTFK OP JEFFERSOlf. On Mr. Jefferson's first arrival in France, (says ff discerning writer,) he had not failed to perceive, in the situation of the government, and the conduct of the thinking part of the community, strong indications of the necessity of a change, and a desire to arouse the nation from the sleep of despotism into which it was sunk. Through the medium of the press ; in conversa- tion and the intercourse of fashionable life: by the power and singular influence of men of letters then prevailing ; these sentiments were disseminated with new and unheard of freedom. In all societies, male and female, politicks had become the universal theme ; the witty, the rich, the noble, and the gay, indulged in them, perhaps, as much from fashion as reflection ; the young women joined the patriotick party as the mode; the young men naturally followed in their train. The excessive dissipation of the Queen and the court, the corrupt and exclusive power of a small portion of the nobility who controlled it, the abuses of the pension list, the incredible confusion of the finances, the ex- hausted treasury amid a load of taxes, had so alarmed and paralyzed the ministers, that they had no resource, but themselves to make the first step in the revolution, by calling in at once the assistance of a popular assem- bly. From this period, the tide swelled on irresistibly, bringing by degrees one improvement after another, and washing away successively the long established mounds, which ages of submission on one hand, and tyranny on the other, had erected against liberty and right; but at last, unfortunately, overwhelming, for a lime, the landmarks which justice and reason had formed,, as the necessary protection of human and so LIFE OF JEFFERSON. 157 ial institutions. Nothing, indeed, is more extraordi- nary in the history of the French revolution, than the rapid and total subversion which was effected in the institutions of the country. In such events, it happens, for the most part, that there is rather a removal of indi- viduals, a modification of existing systems, a return to previous rights claimed or ascertained, which have been infringed : but here it* was a violent exchange from one extreme to the other the total destruction in theory and in practice, of the existing state of things the building up of a new form of government from the very foundations- the establishment of the wildest re- publicanism on the ruins of the strictest despotism. Perhaps this 'arose from the fact, (continues the same writer,) that there existed, in truth, but two classes of society, in regard, at least, to political institutions; the one very small in number, and in actual power, who> were the oppressors ; the other embracing the strength, sinews, and resources of the nation, vast in numbers, but utterly trampled. There was, indeed, no interme- diate body no true aristocracy ; that which existed, was merely such in name, and by its titles: but it pos- sessed no real influence or control. This circum- stance placed, at the commencement of the struggle, the right to frame a new government, not in. the hands of those who would merely have changed the form of oppression, but of the entire mass of the people them- selves, who had never been accustomed, in fact, to the existence of any large, intermediate, and powerful class K between them and the legal power ; and who, conse- quently, in subverting or modifying that, looked only to a corresponding augmentation and security of their !58 LIFE OF JEFFERSON. own rights. In this respect, the revolution of France is strongly contrasted with that of England, which was really a revolution of the nobility and landed ar- istocracy alone, bringing with it no great improvement in the popular institutions or privileges, and certainly leaving untouched, an immense mass of antiquated ab- surdity in laws and institutions, which a convulsion of more popular character could not have failed to demol- ish, but which now seems to be regarded either as a vital or desirable part of the constitution, or as so closely interwoven with it by time, that the abolition might endanger the destruction of what it is deemed best to preserve at all hazards. The residence of Mr. Jefferson in France did not extend to that fatal period of the French revolution, when its atrocities drew down upon it the execrations even of those who rejoiced at the rising of the day-star of liberty ; and the copious details which his letters embrace, render them, therefore, never-failing sources of interest and pleasure. It will not be uninteresting to extract from these the account he has given of several of the well known historical personages of the period. They have at least the merit of having been sketched at the time, under circumstances of observation pecu- liarly favourable. " The Marquis de Lafayette" he writes, "is a most valuable auxiliary to me. His zeal is unbounded, and his weight with those in power, great. His education having been merely military, commerce was an un- known field to him. But his good sense enabling him to comprehend perfectly whatever is explained to him, his agency has been very efficacious. He has a great LIFE OF JEFFERSON. 159 deal of sound genius, is well remarked by the King, and is rising in popularity. He > has nothing against him but the suspicion of republican principles. I think he will one day be of the ministry. The Count de Vergennes is ill The possibility of his recovery, renders it dangerous for us to express a doubt of it; but he is in danger. He is a great minister in Euro- pean affairs, but has very imperfect ideas of our insti- tutions, and no confidence in them. His devotion to the principles of pure despotism, renders him unaffec- tionate to our governments. But his fear of England makes him value us as a make-weight. He is cool, reserved in political conversations, but free and famil- iar on other subjects, and a very attentive, agreeable person to do business with. It is impossible to have a clearer or better organized head; but age has chilled his heart." " The Count de Vergennes," he remarks, in another place, "had the reputation, with the diplb- matick corps, of being wary and slippery in his diplo- matick intercourse: and he might be, with those whom he knew to be slippery and double-faced themselves. As he saw that I had no indirect views, practised no subtleties, meddled in no intrigues, pursued no con- cealed object, I found him as frank, as honourable, as easy of access to reason, as any man with whom I had ever done business; and I must say the same of his sucessor, Montmorin, one of the most honest and worthy of human beings." " It is a tremendous cloud, indeed, which hovers over this nation,, and he at the helm ^Necker) has neither the courage nor skill necessary to weather it. Eloquence in. a high degree, knowledge in matters of 160 LIFE 'OF JEFFERSON. account and order, are distinguishing traits in. his character. Ambition is his first passion, virtue his second. He has not discovered that sublime truth, that a bold, unequivocal virtue is the best handmaid even to ambition, and would carry him farther, in the end, than the temporizing, wavering policy he pursues. His judgement is not of the first order, scarcely even of the second ; his resolution frail ; and upon the whole, it is rare to meet an instance of a person so much below the reputation he has obtained." " The King (Louis XVI.) loves business, economy, order, and justice, and wishes sincerely the good of his people ; but he is irascible, rude, very limited in his understanding, and religious, bordering on bigotry. He has no mistress, loves his Queen, and is too much governed by her." Mr. Jefferson's opinion of Maria Antoinette, the un- fortunate Queen of France, is thought to have been harsh and exaggerated, and not made with a due al- lowance for the peculiarity of her situation. " Her political opinions, conduct, and influence," it is said, " are not, perhaps, exaggerated, and to them, unfortu- nately, are to be attributed, with too much justice, the rapid, unimpeded, and, to herself, most lamentable course of events, which a spirit less obdurate might have restrained, or turned to unmingled good. But there were traits of virtuous and lofty firmness, as well as of tenderness and affection in her character, which were more fully displayed in later scenes of her life, and which are confirmed in all the relations since given to the world by those who saw her intimately and familiarly, that do not seem altogether compatible LIFE OF JEFFERSON. 161 with the picture presented by Mr. Jefferson. And it should not be forgotten, that at the time of his residence in France, the party opposed to Austria, which had arisen under the administration ofChoiseul, and which had become more strong in that opposition from its connexion with Frederick and with Prussia, comprised the great proportion of the men of letters, and many of the patriotick leaders, with whom the most agreeable and natural associations of Mr. Jefferson were formed." But Mr. Jefferson's opinion, it must also be recollected, is that of & cool, calm, and temperate observer, unpre- judiced by passion, and uninfluenced by interest, and of one whose faith was not often pinned upon the un- supported assertions of others. As such, we give it to the reader: " Louis XVI. had a Queen" of absolute sway over his weak mind, and timid virtue, and of a character the reverse of his in all points. This angel, as gaudily painted in the rhapsodies of Burke, with some smart- ness of fancy, but no sound sense, was proud, disdain- ful of restraint, indignant at all obstacles to her will, eager in the pursuit of pleasure, and firm enough to hold to her desires or perish in the wreck. Her in- ordinate gambling and dissipations, with those of the Count d'Artois, and others of her clique, h d been a sensible item in the exhaustion of the treasury, which called into action the reforming hand of the nation ; and her opposition to it, her inflexible perverseness, and dauntless spirit, led herself to the guillotine, drew the King on with her, and plunged the world into crimes and calamities which will for ever stain the pages of modern history. I have ever believed, that had there 15 162 LIFE OF JEFFERSON. been no Queen, there would have been no revolution. No force would have been provoked, nor exercised. The King would have gone hand in hand with the wisdom of his sounder counsellors, who, guided by the increased lights of the age, wished only, with the same pace, to advance the principles of their social constitution. The deed which closed the mortal course of these sovereigns, I shall neither approve nor con- demn. I am not prepared to say, that the first magis- trate of a nation cannot commit treason against his country, or is unamenable to its punishment : nor yet, that there is no written law, no regulated tribunal, there is not a law in our hearts, and a power in our hands, given for righteous employment in maintaining right, and redressing wrong. Of those who judged the King, many thought him wilfully criminal : many that his existence would keep the nation in perpetual con- flict with the horde of Kings, who would war against a regeneration which might come home to* themselves, and that it were better that one should die than all. I should not have voted with this portion of the legisla- ture. I should have shut up the Q,ueen in a convent, putting harm out of her power, and placed the King in his station, investing him with limited powers, which, I verily believe, he would have honestly exercised, according to the measure of his understanding. In this way, no void would have been created, courting the usurpation of a military adventurer, nor occasion given for those enormities which demoralized the nations of the world, and destroyed, and is yet to destroy, millions and millions of its inhabitants. There are three epochs in history, signalized by the total extinction of national LIFE OF JEFFERSON. 163 morality. The first was of the successors of Alexander, not omitting himself: the next, the successors of the first Ca3sar : the third, our own age. r l his was begun by the partition of Poland, followed by the treaty of Pilnitz ; next the conflagration of Copenhagen ; then the enormities of Bonaparte, partitioning the earth at his will, and devastating it with fire and sword ; now the conspiracy of Kings, the successors of Bonaparte, blasphemously calling themselves the Holy Alliance, and treading in the-footsteps of their incarcerated lead- er ; not yet, indeed, usurping the government of other nations, avowedly and in detail, but controlling by their armies the forms in which they will permit them to be governed ; and reserving in petto the order and extent of the usurpations further meditated." Thus regarding the situation and governments of Europe, it may be well supposed that he formed no very advantageous opinion of the political condition of the old world, and that he looked upon the general fate of humanity there, as truly deplorable in comparison with that of his own more fortunate country. " He saw all around him the truth of Voltaire's observation, that every man must be either the hammer or the an- vil. The great mass of the people were suffering under physical and moral oppression, while those whom for- tune had placed in a loftier sphere, sought in the con- stant restlessness and tumult of ambition, dissipation, pomp, vanity, and unceasing intrigues of politicks and love, that excitement which formed a poor substitute for higher aims and more lasting pleasures. In litera- ture and science, indeed, the learned, the witty, and the eloquent men who will ever make that age remarkable, 164 LIFE OF JEFFERSON. left far behind them the few scholars of the infant re- publicks ; but this was more than compensated by the wide diffusion of general knowledge through the whole mass in one community, while in the other, all but a small and favoured circle were immersed in deep and general ignorance." Of fashionable life in Paris, we have his own pleasant and playful account, in his letter of February 7, 1787, to Mrs. Bingham : " I know, madam, that the twelve- month is not yet expired, but it will be, nearly, before this will have the honour of being put into your hands. You are then engaged to tell me, truly and honestly, whether you do not find the tranquil pleasures of America preferable to the empty bustle of Paris. For to what does that bustle tend? At eleven o'clock, it is day, ckez madame. The curtains are drawn. Propped on bolsters and pillows^ 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 acquaint- ance, 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 digestion 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 her very sincere friends, and away to supper. After supper, cards; and after cards, bed ; to rise at noon the next day, and ta tread, like a mill-horse, the same trodden circle LIFE OF JEFFERSON. 165 Thus the days of life are consumed, one by one, without an object beyond the present moment ; ever flying from the ennui of that, yet carrying it with us ; eternally in pursuit of happiness, which keeps eternally before us. 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 for the house, the improvements of the grounds, fill every moment with a healthy and an useful activity. Every exertion is encouraging, because 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 cobweb, by being spread over a thousand objects. This is the picture, in tho light it is presented to my mind ; now let me have it in yours." Yet, as has been truly remarked, Mr. Jefferson was not insensible to those traits in the character of the French, which have thrown a charm over their nation its manners, its society, its institutions, and its peo- ple ; which have long made its cities the resort alike of those who seek for amusement or for wisdom ; which have placed it first in the scale of refinement, if not of intellect; which have given to its exploits all the brilliant tints of gallantry and romance; which have made it the chosen abode, in modern times, of taste, of science, and of art ; and imparted to the luxu- ries of life, that elegance and zest, which, if to be de- sired, are yet unattained by the other nations of the world. Though the low and sullen murmurs of tho 15 LIFE OF JEFFERSON. approaching storm were heard while he yet remained there, the bursting of the tempest was delayed the steps of palaces were still trodden by gallant nobles, who, in personal intercourse, seemed to forget the pride of place and of birth, in the suavity and kindness of their manners the gilded drawing rooms, the glittering theatres, the gardens eoolcd by fountains and adorned by statues, were still frequented by women, whose beauty and wit might seem to claim some pardon for their intrigues and crimes, and some hopes that they might escape impending desolation the bureaux were still filled by statesmen, who so tempered and arranged the details of diplomatick intercourse, so displayed, when occasion offered, a candid and even a generous spirit, that those at least who were removed from the sphere of their designs, might look with less distrust or anxiety on vast schemes of political ambition, which were meant to embrace all the destinies of the age the institutions of learning were still occupied by that large and singular body of literary triflers, whose spec- ulations and researches are now seldom extricated from, the long series of volumes which contain their labours and their dreams, but whose conversation varied and amused the society when it was eagerly welcomed and widely diffused. From these scenes Mr. Jefferson did not part with- out regret: on these scenes he often looked back in the subsequent and different portion of his earthly journey ; and to them he referred not long before its termination, in language which betrays an impression vividly made, and still uneffaced. '"I cannot leave this great and good country," he says, after speaking cf his residence LIFE OF JEFFERSON. 16% in France, " without expressing my sense of its preemi- nence of character, among the nations of the earth. A more benevolent people I have never kno\vn, nor greater warmth and devotedness in their select friendships. Their kindness and accommodation to strangers is un- paralleled, and the hospitality of Paris is beyond any thing I had conceived to be practicable in a large city. Their eminence, too, in science, the communicative dispositions of their scientifick men, the politeness of the general manners, the ease and vivacity of their conversation, give a charm to their society to be found no where else. In a comparison of this with other countries, we have the proof of primacy, which was given to Themistocles after the battle of Salamis. Every general voted to himself the first reward of va- lour, and the second to Themistocles. So, ask the trav- elled inhabitant of any nation, in what country on earth would you rather live? Certainly, in my own, where are all my friends, my relations, and the earli- est and sweetest affections and recollections of my life. Which would be your second choice ? France." As Mr. Jefferson was absent from America both during the session of the convention which formed the constitution, and while that act was under discussion in the several states, he had no opportunity to take part in its formation. The want of a general govern- ment had been severely felt, and the difficulties of the country were greatly increased, by the failure of treaties abroad, which might have given a system to our for- eign relations, that could scarcely be expecte ', While the states presented a social form so feebly connected ; the federal constitution, therefore, had been framed f68 LIFE OF JEFFERSON. from a general conviction of its necjA|jty. No one rejoiced more than Mr. Jefferson tPme formation of the new constitution, and its ratification by the states. Of the great mass of it, also, he entirely approved: the consolidation of the government ; the organization in their branches ; the subdivision of the legislative branch; the happy compromise of interests between the large and small states, by the different manner of voting in the two houses : the voting by persons in- stead of states ; the qualified negative on the laws giv- n-to the Executive; and the direct power of taxation. There were points, however, to which he had objec- tions, some less strong and some insuperable. But it is proper that the objections of so profound and popu- lar a statesman as Mr. Jefferson, and to so important an instrument, should be given in detail. In a letter to Mr. Madison, dated Paris, December 20, 1787, he thus writes: "I like much the general idea of framing a government, which should go on of itself, peaceably, without needing continual recurrence to the state leg- islatures. I like the organization of the government into legislative, judiciary, and executive. I like the power given the legislature to levy taxes, and for that reason solely, I approve of the greater house being chosen by the people directly. For though I think a house, so chosen, will be very far inferiour to the pre- ent Congress, it will be very illy qualified to legislate for the Union, for foreign nations, &c. ; yet this evil doe* not weigh against the good of preserving inviolate the fundamental principle, that the people are not to be taxed but by representatives chosen immediately by tfeemseires. I am captivated by the compromise LIFE OF JEFFERSON. 169 opposite claims of the great and little states, of the latter to equal, and the former to proportional influence. I am much pleased, too, with the substitution of the method of voting by persons, instead of that of Acting by states: and I like the negative given to the Execu- tive, conjointly with a third of either house; though I .should have liked it better, had the judiciary been associated for that purpose, or invested separately with a similar power. There are other good things of less moment. " I will now tell yen what I do not like. First, the omission of a bill of rights, providing clearly, and without the aid of sophism, for freedom of religion, freedom of the presj- protection against standing ar- mies, restriction of monopolies, the eternal and unre- mitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land, and not by the laws of nations. To say, as Mr % Wilson does, that a bill of rights was not necessary, because all is reserved in the care of the geneial gov- ernment which is not given, Avhile in the particular ones', a!l is given which is not reserved, rriitht to for the audience, to which it was addressed : but it is sure- ly a gratis dictum, the reverse of which might just as well be said ; and it is opposed by strong inferences from the body of the instrument, as well as frcm the omission of the clause of our present Confederation, which had made the reservation in express terms. It was hard to conclude, because there has been a want of uniformity among the states as to the cases triable by jury, because some have been so incautious as ta dispense with this mode of trial in certain cases, there" 170 LIFE OF JEFFERSON. fore the more prudent states shall be reduced, to the same level of calamity. It would have been much more just and wise to have concluded the other way, that as most of the states had preserved with jealousy this sacr j d palladium of liberty, those who had wan- dered should be brought back to it : and to have estab- lished general right rather than general wrong. For I consider all the ill as established, which may be es- tablished. I have a right to nothing, which another has a right to take away ; and Congress will have a right to take away trials by jury in all civil cases. Let me add, that a bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should re- fuse, or rest on inference. "The second feature I dislike, and strongly dislike, is the abandonment, in every instance, of the principle of rotation in office, and most particularly in the case of the President. Reason and experience tell us, that the first magistrate will always be re-elected, if he may be re-elected. He is then an officer for life. This once observed, it becomes of so much consequence to certain nations, to have a friend or a foe at the head of our affairs, that they will interfere with money and with arms. A Galloman, or an Angloman, will be supported by the nation he befriends. If once elected, and at a Second or third election outvoted by one or two votes, he will pretend false votes, foul play, hold possession pf the reins of government, be supported by the states Toting for him, especially if they be the central ones, lying in a compact body by themselves, and separating their opponents ; .and they will be aided by one nation LIFE OF JEFFERSON. 171 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 election of a King of Poland was. Reflect on all the instances in history, ancient and modern, of elective monarchies, and say, if they do not give foundation for my fears ; the Roman Emperours, the Popes while they were of any importance, the Ger- man Emperours till they became hereditary in practice, the Kings of Poland, the Deys of the Ottoman depen- dencies. It may be said, that if elections are to be attended with these disorders, the less frequently they are repeated, the better. But experience says, that to free thsm from disorder, they must be rendered less interesting by a necessity of change. No foreign power, nor domestick party, will waste 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 exercise, and if they were disposed 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 would Russia, the Emperour, &c. permit them to do it. Smaller objections are, the appeals on matter of fact as well as law ; and the binding all persons, legislative, executive, and judiciary, by oath, to maintain the constitution. I do not pretend to decide what would be the best method of procuring the estab- lishment of the manifold good things in this constitu- tion, and of getting rid of the bad. Whether by adopt- ing it, in hopes of future amendment, or after it shall have been, duly weighed and canvassed by the people, 172 LIFE OF JEFFERSON, after seeing the parts they generally dislike, and those they generally approve, to say to them, * We see now \vhat you wish : you are willing to give up to your federal government such and such powers ; but you wish, at the same time, to have such and such funda- mental 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 ihe parts of the constitution you have approved. These will give. powers to your federal government sufficient for your happiness.' '* This is what might be said, and would probably produce a speedy, more perfect, and more permanent form of government. At all events, I hope, you will not be discouraged from making other trials, if the present one should fail. We are never permitted to 'despair of the commonwealth. 1 have thus told you freely what I like, and what 1 dislike, merely as a mat- ter of curiosity : for I know it is not in my power to offer matter of information to your judgement, which has been formed after hearing and weighing every thing which the wisdom of man could offer on these subjects. I own, I am not a friend to a very energetick government. It is always oppressive. It places the Gpvernouis, indeed, more at their ease, at the expense of the people. The late rebellion in Massachusetts has given more alarm than I think it should have done. Calculate that one rebellion in thirteen states in the course of eleven years, is but one for each state in a century and a half. No country should be so long without one. Nor will any degree of power in the LIFE OF JEFFERSON. 173 hands of government prevent insurrections. In Eng- land, where the hand of power is heavier than with us, there are seldom half a dozen years without an insurrection. In France, where it is still heavier, but less despotick, as Montesquieu supposes, than in some other countries, and where there are always two or three hundred thousand men ready to crush insurrections, there have been three in the course of the three years I have been here, in every one of which greater num- bers were engaged than in Massachusetts, and a great deal more blood was spilt. In Turkey, where the sole nod of the despot is death, insurrections are the events of every day. Compare again the ferocious depreda- tions of their insurgents with the order, the moderation, and the almost self-extinguishment of ours. And say, finally, whether peace is best preserved by giving energy to the government, or information to the people. This last is the most certain and the most legitimate engine of government. Educate and inform the whole mass of the people. Enable them to see that it is their interest to preserve peace and order, and they will preserve them. And it requires no very high degree of education to convince them of this. They are the only sure reliance for the preservation of our liberty. After all, it is my principle that the will of the majority should prevail. If they approve the proposed consti- tution in all its parts, I shall concur in it cheerfully, in hopes they will, amend it, whenever they shall find that it works wrong. This reliance cannot 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 16 174 LIFE OF JEFFERSON. any part of America. When we get piled upon on0 another in large cities, as in Europe, we shall become corrupt, as in Europe, and go to eating one another as they do there." In another letter, to the same distinguished person- age, dated July 31, 1788, he remarks: " I sincerely rejoice at the acceptance 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 understood, that this should go to juries, habeas corpus, standing armies, printing, reli- gion, and monopolies. I conceive there may be diffi- culty in finding general modifications of these, suited to the habits of all the states. But if such cannot be found, then it is better to establish trials by jury, the right of habeas corpus, freedom of the press, and free- dom of religion, in all cases, and to abolish 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 multitude wherein the want of them will do evil. In disputes between a foreigner and a nation, a trial by jury may be improper. But if this exception cannot be agreed to, the remedy will be to model the jury, by giving the medietas lingua, in civil as well as crim- inal cases. Why suspend the habeas corpus in insur- rections and rebellions ? The parties who may be arrested, may be charged instantly with a well-defined crime ; of course, the judge will remand them. If the publick -safety requires that the government should LIFE OF JEFFERSON. 175 have a man imprisoned on less probable testimony in those than in other emergencies, let him be taken and tried, re-taken and re -tried, while the necessity con- tinues, only giving him redress against the government for damages. Examine the history of England. See how few of the cases of the suspension of the habeas corpus law have been worthy of that suspension. They have been either real treason, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual, and the minds of the nation almost prepared to live under its constant suspension. A declaration, that the federal government will never restrain the presses from printing any thing they please, will not take away the liability of the printers for false facts printed. The declaration, that religious faith shall be unpunished, does not give im- punity to criminal acts dictated by religious errour. The saying there shall be no monopolies, lessens the incitements to ingenuity, which is spurred on by the hope of a monopoly for a limited time, as of fourteen years : but the benefit of even limited monopolies is too doubtful to be opposed to that of their general suppres- sion. If no check can be found to keep the number of standing troops within safe bounds, while they are tolerated as far as necessary, abandon them altogether, discipline well the militia, and guard the magazines with them. More than magazine guards will be use- less, if few ; and dangerous, if many. No European nation can ever send against us such a regular army 176 LIFE OF JEFFERSON, as we need fear, and it is hard, if our militia are not equal to those of Canada or Florida. My idea, then, is, that though proper exceptions to these general rules are desirable, and probably practicable, yet if the ex- ceptions cannot be agreed on, the establishment of the rules, in all cases, will do ill in very few. I hope, therefore, a bill of rights will be formed, to guard the people against the federal government, as they are already guarded against their state governments, in most instances. The abandoning the principle of ne- cessary rotation in the Senate, has, I see, been disap- proved by many : in the case of the President, by none. I readily, therefore, suppose my opinion wrong, when opposed by the majority, as in the former instance, and the totality, as in the latter. In this, however, I should have done it with more complete satisfaction, had we all judged from the same position." Many of these objections of Mr. Jefferson were afterwards obviated, by amencfrnents to the constitu- tion. It was deemed best to leave the right of habeas corpus to the discretion of Congress ; and the question of the re-eligibility of the President, though not pro- posed or acted on formally, has received from the ex- ample of the officers in that high station, and the pro- gress of publick opinion, a decision, which may be al* most considered as an established principle, any de- viation from which would probably be opposed as a demonstration of ambitious views. There was another amendment, however, not made or apparently thought of at the time, the omission of which Mr. Jefferson deemed of fatal consequence, as leaving uncrushed the g'erme that was to destroy the LIFE OF JEFFERSON. 177 wise combination of national powers. The evil he so much feared, was the entire irresponsibility of the judges, and their independence of the nation. He thus refers to this subject in his memoirs: "But there was another amendment, of which none of us thought at the time, and in the omission of which, lurks the germe that is to destroy this happy combination of national powers, in the general government, for matters of na- tional concern, and independent powers in the states, for what concerns the states severally. In England, it was a great point gained at the revolution, that the commissions of the judges, which had hitherto been during pleasure, should thenceforth be made during good behaviour. A judiciary, dependent on the will of the King, had proved itself the most oppressive of all tools in the hand of that magistrate. Nothing, then, could be more salutary, than a change there, to the tenour of good behaviour ; and the question of good behaviour, left to the vote of a simple majority in the two houses of Parliament. Before the revolution, we were all good English whigs, cordial in their free principles, and in their jealousies of their Executive magistrate. These jealousies are very apparent, in all our state constitutions; and, in the general govern- ment in this instance, we fiave gone even beyond the English caution, by requiring a vote of two thirds in one of the houses, for removing a judge : a vote so impossible, where any defence is made, before men of ordinary prejudices and passions, that our judges are effectually independent of the nation. But this ought not to be. I would not, indeed, make them dependent on the Executive authority, as they formerly were in 16* 178 LIFE OF JEFFERSON. England ; but I deem it indispensable to the continu- ance of this government, that they should be submit- ted to some practical and impartial control ; and thai this, to be impartial, must be compounded of a mixture of state and federal authorities. It is not enough, that honest men are appointed judges. All know the influ- ence of interest on the mind of man, and how uncon- sciously his judgement is warped by that influence. To this bias add that of the esprit de corps, of their pe- culiar maxim and creed, * that it is the office of a good judge to enlarge his jurisdiction,' and the absence of responsibility ; and how can we expect impartial de- cision between the general government, of which they are themselves 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 exam- ple, 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 undermine the independent rights of the states, and to consolidate all power in the hands of that government, in which they have so important a freehold estate. But it is not by the consolidation or concentra* tion of powers, but by their distribution, that good gov- ernment is effected. Were not this great country al- ready divided into states, the division must be made, that each might do for itself what concerns itself di- rectly, and what it can so much better do than a dis- tant authority. Every state again is divided into coun- ties, each to take care of what lies within its local bounds ; each county again into townships or wards. ' LIFE OF JEFFERSON. 179 to manage minuter details ; and every ward into farms, to be governed each by its individual proprietor. Were we directed from Washington when to sow and when to reap, we should soon want bread. It is by this partition of cares, descending in gradation from general to particular, that the mass of human affairs may be best managed, for the good and prosperity of all. I repeat, that I do not charge the judges with wilful and ill-intentioned errour ; but honest errour must be arrested, where its toleration leads to publick ruin. As, for the safety of society, we commit honest mani- acks to Bedlam, so judges should be withdrawn from their bench, whose erroneous biases are leading us to dissolution. It may, indeed, injure them in fame or in fortune ; but it saves the republick, which is the first and supreme law." Neither, while abroad, was Mr. Jefferson a little efficient in redeeming the credit of his government. " Among the debilities of the government of the Con- federation," says he, " no one was more distinguished or more distressing, than the utter impossibility of obtain- ing from the states, the moneys necessary for the pay- ment of debts, or even for the ordinary expenses of the government. Some contributed a little, some less, and some nothing; and the last, furnished at length an excuse for the first, to do nothing also. Mr. Adams, while residing at the Hague, had a general authority to borrow what sums might be requisite for ordinary and necessary expenses. Interest on the publick debt, and the maintenance of the diplomatick establishment in Europe, had been habitually provided in this way. He was now elected Vice President of the United 180 LIFE Of JEFJFJERSON. States, was soon to return to America, and had referred our bankers to me for future counsel, on our affairs in their hands. But I had no powers, no instructions, no means, and no familiarity with the subject. It had alw r ays been exclusively under his management, except as to occasional and partial deposites in the hands of Mr. Grand, banker in Paris, for special and local pur- poses. These last had been exhausted for some time, and I had fervently pressed the Treasury Board to replenish this particular deposite, as Mr. Grand now refused to make further advances. They answered candidly, that no funds could be obtained until the new government should get into action, and have time to make its arrangements. Mr. Adams had received his appointment to the court of London, while engaged at Paris with Dr. Franklin and myself, in the negotia- tions under our joint commissions. He had repaired thence to London, without returning to the Hague, to take leave of that government. He thought it neces- sary, however, to do so now, before he should leave Europe, and accordingly went there. 1 learned his departure fronx London, by a letter from Mrs. Adams, received on the very day on which he would arrive at the Hague. A consultation with him, and some pro- vision for the future, was indispensable, while we could yet avail ourselves of his powers ; for when they would be gone, we should be without resource. I was daily dunned by a company who had formerly made a small loan to the United States, the principal of which was now become due ; and our bankers in Amsterdam had notified me, that the interest on our general debt would be expected in June ; that if wo LIFE 07 JEiTERSON. 181 failed to pay it, it would be deemed an act of bank- ruptcy, and would effectually destroy the credit of the United States, and all future prospects of obtaining money there ; that the loan they had been authorized to open, of which a third only was filled, had now ceased to get forward, and rendered desperate that hope of resource. I saw that there was not a moment to lose, and set out for the Hague on the second morning after receiving the information of Mr. Adams' journey. I went the direct road by Louvres, Senlis, Roye, Pont St. Maxence, Bois le Due, Gournay, Peronne, Cambray, Bouchain, Valenciennes, Mons, Bruxelles, Malines, Antwerp, Mordick, and Rotterdam, to the Hague, where I happily found Mr. Adams. He concurred with me at once in opinion, that something must be done, and that we ought to risk ourselves on doing it, without waiting for instructions, to save the credit of the United States. We foresaw, i that before the new government could be adopted, assembled, establish its financial system, get the money into the treasury, and place it in Europe, considerable time would elapse ; that, therefore, we had better provide at once for the years '88, '89 and '90, in order to place our govern-- ment at its ease, and our credit in security, during that trying interval. We set out, therefore, by the way of Leyden for Amsterdam, where we arrived on the 10th. Mr. Adams executed 1,000 bonds, for 1,000 florins each, and deposited them in the hands of our bankers, with instructions, however, not to issue them until Congress should ratify the measure. This done, lie returned to London, and 1 set out for Pari," 182 LIFE OF JEFFERSON. CHAPTER IV. THE remaining portion of Mr. Jefferson's publick life, is embraced in a period of nineteen years, during which he held successively, in the government of his own country, the high and honourable offices of Secre- tary of State, Vice President, and President of the Uni- ted States. The history of this is so familiar, and, indeed, so many now living have been eye witnesses of its events, that it is unnecessary, and would be far too prolix, to pursue the narrative of them in regular de- tail ; and neither could this be done without writing the history of the United States for a certain period. It would, therefore, come within our prescribed limits, and be more agreeable to the reader, when we select such prominent topicks as are connected with the sub- ject of these memoirs, and more likely to excite a gen- eral interest. The national legislature, under the new system of government, convened at New York on the fourth day of March, 1789, and consisted of senators and repre- sentatives from eleven states. A quorum of both houses did not attend until the sixth of April, when, on counting the electoral votes, it appeared that George Washington was unanimously chosen President, and that John Adams was elected Vice President. LIFE OF JEFFERSON. 183 Whatever difference of opinion existed among the people of the United States with respect to the govern- ment itself, there was none as to the person who, as their first chief magistrate, was to be selected to ad- minister it. All eyes, from the beginning, were turned to General Washington, as the first President : and he received what perhaps no individual, in so high a sta- tion, in any age, ever before received, the unanimous and voluntary suffrages of a whole nation. Informed of his election by a special message, the President immediately left his beloved retreat, and set out for the seat of government. He was received on his way by the sincere congratulations of numerous publick bodies as well as individuals. He was met at Elizabethtown by a committee from both houses of Congress, and escorted into the city of New York amidst the acclamations of thousands. On the 30th of April, the oath of office was admin- istered to him by the Chancellor of the state of New York, in the gallery in front of the Senate chamber, in the presence of the members of the Senate and House of Representatives, and a vast concourse of citizens ; and he was proclaimed President of the United States. Every countenance beamed with inexpressible joy at the sight of the venerated chief, to whom, under God, they were so much indebted, not only for their inde- pendence, but that form of government, in the admin- istration of which he had consented to take a share, and which he had in their presence solemnly sworn to support. Shortly after this impressive investment, Mr. Jeffer- son returned to the United States, having, for this pui- 184 LIFE OF JEFFERSON. pose, obtained leave of absence for a short time. In filling the executive offices, the President had, with that wisdom which marked all the acts of his publick life, carefully selected those whose talents or previous employments rendered them peculiarly fit for the du- ties of the stations to which they were appointed. Mr. Jefferson landed on November 23d at Norfolk, and whilst on his way home, received a letter from Presi- dent Washington, covering the appointment of Secre- tary of State, under the new constitution, which was just commencing its operations. To this the following re- ply was returned : " I have received, at this place, (Chesterfield,) the honour of your letters of October the 13th and November 30th, and am truly flattered by your nomination of me to the very dignified office of Secretary of State ; for which permit me here to return you my humble thanks. Could any circum- stances seduce me to overlook the disproportion be- tween its duties and my talents, it would be the en- couragement of your choice. But when I contem- plate the extent of that office, embracing as it does the principal mass of domestick administration, together with the foreign, I cannot be insensible of my ine- quality to it ; and I should enter on it with gloomy forebodings from the criticisms and censures of a pub- lick, just, indeed, in their intentions, but sometimes misinformed and misled, and always too respectable t be neglected. I cannot but foresee the possibility that this may end disagreeably for me, who, having no motive to publick service but the publick satisfaction, would certainly retire the moment that satisfaction should appear to languish. On the other hand, I feel LIFE OF JEFFETISON. 185 o\vrs.' B it they can all be carried into execution with oit a b-in'c. A bank, therefore, is not s.?j? try, and cons^'unlly, not authorized by this phrase. It his been mu^h urgei, tint a bank will give great 18* 202 EWE OF JEFFERSOff* facility or convenience to the collection of taxes. Strp*- pose this were true; yet the constitution allows only the means which are 'necessary,' not those which are merely 'convenient,' for effecting the enumerated pow- 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 which 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 powers, and reduce the whole to one phrase, as before observed. Therefore, it was, that the constitution restrained them to the necessary means, that is to say, to those means without which the grant of the power would be nuga- tory. But let us examine this 'convenience', and see what it is. The report on this subject states the only gene- ral convenience to be, the preventing the transpor- tation and re-transportation of money between the States and the treasury. (For I pass over the increase of circulating medium ascribed to it as a merit, and which, according to my ideas of paper money, is clearly a demerit.) Every state will have to pay a sum of, tax money into the treasury ; and the treasury will have to pay in every state a part of the interest on the publick debt, and salaries to the officers of govern- ment resident in that state. In most of the states, there will be still a surplus of tax money, to come up to the seat of government, for the officers residing there. The payments of interest and salary in each state, may be made by treasury orders on the state collector. This will take up the greater part of the money he LIFE OF JEFFEBtfOH 1 . 205 5as 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 favour of that state, against the one in which the government resides, the surplus of taxes will be remitted by the bills of ex- change 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 exchange, may prevent the displacement of the main mass of the money collected, without the aid of any bank; and where these fall, it cannot be prevented, even with that' aid. Perhaps, indeed, bank bills may be a more conve- nient vehicle than treasury orders. But a little dif~ ' ference in the degree of convenience, cannot constitute the necessity which the constitution makes the ground for assuming any non-enumerated power. Besides, the existing banks will, without doubt, en- ter into arrangements for lending their agency, and the more favourable, 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 arrange- ments but on their own terms, and the publick 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 arrangement with the treasu- ry, are paid by any state collector to whom they are presented. This expedient alone, suffices to prevent the existence of that necessity which may justify 'the tssumptiocuof anontemimeratedppwepj