-a::..;.:::^^— - 'T^ILEoWaWIEI^SIIirY- 1892 THE WRITINGS THOMAS JEFFERSON VOLUME Vil 1795-1801 Of this Letter-press Edition 750 Copies ha ve been Printed for Sale No.. iLk. February, i8g6 THE WRITINGS THOMAS JEFFERSON cot t.fcted and edited PAUL LEICESTER FORD Volume VII 1795-1801 G. P. PUTNAM'S SONS NEW YORK LONDON ay TJTEST TWENTY-THIRD STREET 34 BEDFORD STREET, STRAND £^t ^itickrrbockM Jrtss 1896 Ubc Iftnlcltcrbochcr press G. P. Putnam's sons NEW YORK ,/-.^- (J^-.-J^, CONTENTS OF VOLUME VII. PAGE Itinerary and Chronology, 1795-1801 . . . xxiii 1795- To James Madison, February 5th .... i Weather — Walker's election — ^Wilson Nicholas's election and speculation — Tax on carriages. To M. D'lvernois, February 6th .... 2 , Proposition to remove University of Geneva to Virginia — Republics — Present governments. To James Brown, April 18th ..... 6 Debt — Naillery — Tobacco. To Archibald Stuart, April 1 8th .... 7 Duplicate books — Avoids meeting Patrick Henry. To James Madison, April 27th ..... ^ Madison for President — Jefferson as a candidate — Agricultural plans — Meeting with Henry. To William Branch Giles, April 27th . . . . 11* French successes — Love of farming. To Ddmeunier, April 29th . . . . . . 12 ?¦ Knowledge and approval of French republicans — United States as an asylum — Lack of wealthy class in America — Nail- making — Work. To James Monroe, May 26t?i . . . . . 1 5 - "--J Hamilton an imitator of Pitt — Democratic societies — Western insurrection — Use of Washington's name — Jay's treaty — Private affairs — House for Monroe — Booksellers and books — Former French friends — Agricultural advice — Virginia social news. To Tench Coxe, June ist . . . . . . 22 * Bpok of Coxe's — French successes — Extension of liberty — Destruction of crops. vi CONTENTS OF VOLUME VII. PAGE • To James Madison, August 3d . . . . . 23 Hamilton supports treaty — Stoned — Richmond against treaty. I To Mann Page, August 30th 23 Visit declined — Education — Men not rogues — Jay treaty. " To James Monroe, September 6th .... 25 Monroe's farm — Derieux — Commissions in France — T. M. Randolph's health — Political changes — Jay's treaty — Hamilton — Adams — News. To Tench Coxe, September loth . . . . 29, Richmond disapproves of treaty — Camillus — Newspapers — / Letters. To Henry Tazewell, September 13th . ... 30 Jay treaty — Advisability of treaties at all. To James Madison, September 21st .... 31 ' Volume on Jay treaty— Curtis— Camillus— Hamilton the Colossus of Federalism — Begs answer from Madison. To Rev. James Madison, October 28th • ¦ • 33 Fontainebleau — Condition of French laborers — Ownership of lands — Rights of property — State policy toward property trees. To William Branch Giles, December 31st . Virginia Assembly's vote on treaty— Randolph's view on treaties and his political character— Political independence- Washington's answer to Representatives— Rejection of Rut- ledge — Recall of Monroe. Notes on Professor Ebeling's Letter of July 30, '95 Character ot authorities— Their knowledge of tlie South— Newspapers-Tories-Parties in United States-Newspapers- Books on America. J ' To James Madison, November 26th .... 36 Proceedings in Virginia Assembly on treaty— Marshall— f Power of House of Representatives over treaties— Randolph's vindication. To Edward Rutledge, November 30th • • . 39 Visit from son— Tour of political duty— Jay treaty— Orange 41 44 CONTENTS OF VOLUME VII. 1796. PAGE To Archibald Stuart, January 3d .... 49 Nails. To George Wythe, January i6th .... 52 Virginia laws — ^Jefferson's collection. To John Adams, February 28th .... 56 D'lvemois's book— Multiple executive — Former governments — Accounts as Minister. To James Monroe, March 2d 58 Jay treaty — Randolph — Rutledge — New appointments — Public finances — Canals — Monroe's lands — Virginian news. To James Madison, March 6th 61 United States finances — Gallatin — Pensions — Credit on nail rod — Spanish treaty — National post-roads. To William B. Giles, March 19th .... 65 Speech of Lieb — Similarity of Tory measures — Impressments — Local news, To James Monroe, March 21st ^7 Monroe's lands — Jay treaty in House of Representatives — Treaty power. To James Madison, March 27th 68 Gallatin's speech — Treaty power — Washington. To James Madison, April 17th 70 Proceedings in Federal convention — Relation of House of Representatives to treaties. To Phillip Mazzei, April 24th 72 Money — Embarrassed Virginians — Aspect of politics — Apos tates—Virginian social news. Contract, May 12th 7^ Mortgage of slaves. To James Monroe, June 12th 79 Derieux— Building — Influence of Washington — Public fi nances — Prices — Lands. To George Washington, June 19th .... 81 , Publication of Cabinet paper — Madison — H. Lee's slanders — Opinion on Little Sarah — Farm news. To Jonathan Williams, July 3d 85 Observations on mountains — Mould-board — Attacks on Franklin. viii CONTENTS OF VOLUME VII. PAGE To James Monroe, July loth 88 Letters — Return of Monroe — Liancourt — Congressional cam paign — Influence of Washington — News — Patrick Henry — Pinckney. To Colonel John Stuart, November loth ... 90 Big bones. • To James Madison, December 17th .... 91 Presidency — Adams vs. Pinckney — Election — Condition of United States— Weather. ' To Edward Rutledge, December 27th ... 93 Abuse — Results of election — Dislike of politics — Rutledge's conduct. ^ To John Adams, December 28th .... 95 Results of election — Hamilton's trickiness — Adams's oppor tunity. 1797. To James Madison, January 1st 08 Election— Vice-presidency — Letter to Adams— Callender's ; book — Man as an animal. To AEchibaLd..Stuart, January 4th . . . . loi Course of Republican party towards Washington— Adams detached from Hamilton — Election. To James Madison, January 8th .... 104 Prospects of war— Washington's good fortune— Crops- Weather. To James Madison, January i6th .... 105 Vice-presidency— Vermont elections — People's choice. To Henry Tazewell, January i6th .... 106 Election — Forms. To James Madison, January 22d Journey to Philadelphia— Adams and Jefferson— Part in new administration— Relations with France— Boundary dispute with Maryland— Relations with Pennsylvania. To George Wythe, January 22d Parliamentary practice. 107 no CONTENTS OF VOLUME VII. To John Langdon, January 22d . . . . iii Vice-presidency. To Doctor John Edwards, January 22d . . .112 Defence of Monroe — Conduct toward Great Britain. To Doctor Benjamin Rush, January 22d . . .113 Eulogium on Rittenhouse — Escape from Presidency — Big bones. To James Madison, January 30th . . . .115 Letter to Adams — Opinion of Adams — Oath of oflSce. To James Sullivan, February 9th . . . .116 Vice-presidency — Political divisions — Influence of Wash ington — Samuel Adams. To Elbridge Gerry, May 13th 119 Election to Vice- presidency — Relations with Adams — Foreign relations — Policy of Federalists — American isolation. To James Madison, May i8th 124 Pinckney's despatches — President's speech — Removal of Beckley — Political change in New England— Conduct of France — Reply of Senate. To Thomas Pinckney, May 29th . . . .127 Change in politics — Threatening condition — Louisiana — Commercial wars — Recall of Monroe. To Horatio Gates, May 30th 130 Erskine's pamphlet — Servile copying of England — Congres sional replies to President. To James Madison, June ist .... . 131 Senate reply to President — Navy — Congressional and diplo matic news. To Peregrine Fitzhugh, June 4th . , . .134 Address to President — Newspapers — Republican majority — Taxation — Attack of Luther Martin — Grand juries. To French Strother, June 8th 138 Prospects of war — Navy — Acts of France. To James Madison, June 8th 140 Address — Navy and army — Arming of merchantmen — French victories — Republican majority — West India trade. To John Moody, June 13th 141 Proceedings of Congress — Depredations of French. CONTENTS OF VOLUME VII. -Newspapers To James Madison, June 15th . European affairs — Army — Calling of Congress- — N^vy and fortification. To Aaron Burr, June 17th Outline of politics — Adams's speech — Danger from France — Change in New York politics — Eastern States— Wearied. To Elbridge Gerry, June 21st . Nomination of Gerry as Minister — Peace with France — Ac ceptance of mission. To James Madison, June 22d . . . . . Defeat of army bill — Useless convocation of Congress — Mission to France. To Edward Rutledge, June 24th . . . . French spoliations — War preparations — European news — Arming — Political ill-feeling. To Edmund Randolph, June 27th . . . . Foreign news — Gerry's appointment. To James Madison, June 29th .... Adjournment — Congressional proceedings — Monroe's arrival To James Madison, July 24th .... Visit from Madison — Hamilton vs. Callender. Petition to Virginia House of Delegates, August To James Madison, August 3d . Letter to Mazzei: — Petition in re grand juries. To St. George Tucker, August 28th . Slavery— St. Domingo — Taxation. To Colonel Arthur Campbell, September ist Federalist policy— Lenity to Tories— The people republi To John Francis Mercer, September 5th . Monroe — Grand juries. To James Monroe, September 7th Grand juries— Right of citizen— State vs. national government — Cabell's case. To Alexander White, September loth Slanders about Jefl^erson— Removal of government to Wash ington — New roads. PAGE 142 145 149 152155 156 157 158 164 V 167 169 171171 174 CONTENTS OF VOLUME VII. PAGE To James Monroe, October 25th .... 177 Monroe's book. To John Wayles Eppes, December 2 1st . . . 179 English victory over Dutch — Taxes — Paris Envoys — French Admiralty proceedings — Monroe's book — Charcoal. To John Taylor, December 23d .... 181 Taxes — Navy and armed merchantmen — Blount's impeach ment — French news — Fauchet's pamphlet — Foreign coins. To James Monroe, December 27th . . . .182 Monroe's book — Fauchet's pamphlet — Arming of merchant men — Stamp tax — French view — Foreign coins — Lafayette — Elections — Removal of Tench Coxe. 1798. To John Page, January ist . . . . .185 Martin's attack — Logan's speech — Letter from Talleyrand. To Mann Page, January 2d 186 Martin's attack — Foreign coins. To James Madison, January 3d 188 Weather — Bankruptcies — Prices — Congressional proceedings — Election — Impeachment of Blount — Scipio — Foreign news. To James Madison, January 25th .... 191 Envoys to France — Majority in Congress — Impeachment , of Blount — Spanish negotiations — Amendments to Constitution — Prices. To Henry Tazewell, January 27th .... 194 Impeachment. To James Madison, February 8th .... 195 Monroe's book — Scipio — Impeachment of Blount — Arming of merchantmen. To James Monroe, February 8th .... 197 Virginia Assembly — Monroe's book — Scipio — Legal practice -' — Blount's impeachment. To Hugh Williamson, February nth . . . 200 Navigation act. To James Madison, February 15th . . . .201 Question of arming — Dayton — Lyons — Impeachment — BaU ^ on Washington's birthday — Commerce. CONTENTS OF VOLUME VII. V PAGE To Horatio Gates, February 2ist .... 203 Kosciusko — Lack of news from France — Duel between France and England^Commercial measures of Great Britain. To James Madison, February 22d .... 206 Commercial news — Exclusion of America from ocean — Im- yJ peachment — Adams's views of Senate. To Peregrine Fitzhugh, February 23d . . . 208 Attacks on Jefferson in papers — Lack of French news — State governments. To James Madison, March 2d . . . . .211 Foreign news^ Washington's birthday — Stamp act. To James Monroe, March 8th 213 Word from envoys to France— French decree— Foreign intercourse — Elections — Monroe's plans. To James Madison, March 15th .... 216 French commercial decree— Cabinet changes— Nomination of J. Q. Adams. To James Madison, March 21st 218 Merchants— X. Y. Z. message— Congressional changes— Pro posed consultation of constituents— Monarchy or separation of ^ Union. To James Monroe, March 21st . Insane message— Course of action for Republicans. To Dr. Samuel Brown, March 25th . Martin's attack— General Clark. To James Madison, March 29th 224 Action in Congress— War or peace— Rumor of English treaty— Navy— Quakers partisans of England— New capital. To Edmund Pendleton, April 2d ... . Private accounts with Short-Effect of war on government secunties-Likelihood of war with France-Change in Eastern States— Prospect of Republican success. To James Madison, April 5th . Secrecy of letters-Appropriation for capital-Pi'nckney adherents— Marcellus— Publication of X. Y. Z. papers To James Monroe, April 5th . . . \ 232 Advice as to personal course-Attacks on Monroe-Failure of Morris-Libel against Jefferson-Probable action as to 221 222 227 230 France. CONTENTS OF VOLUME VII. PAGE To James Madison, April 6th ..... 234 Communications from envoys — Analysis of them — No cause for war. To James Madison, April 12th ..... 236 Communications from envoys — Public astonishment — Asks Madison to write analysis — Meeting of merchants — Spriggs resolution — War measures — Taxes^Adjournment. To Peter Carr, April 12th 238 X. Y. Z. negotiation — Innocence of French Directory — Spriggs resolution — Policy of peace party — No reason for war — Eastern States. To James Monroe, April 19th ..... 240 Influence of X. Y. Z. despatches — War petitions^Expenses — Mississippi territory — Monroe's accounts. To James Madison, April 19th ..... 242 Revolt of pubUc opinion — War measures — Land tax — Innes • — Congressional power — Madison's election to Virginia legisla ture. To James Madison, April 26th 244 Naval bill — Absence of Virginia congressmen — Alien and sedition bills — Newspapers — Senatorial manoeuvre in New York^Revolt of public opinion. To James Madison, May 3d 246 War spirit — Replies of President — Citizen and alien bills — Provisional army — Departure of French — New York politics — Writings of Hamilton — Mississippi territory — Adams on sedi tion biU. To James Lewis, Jr., May 9th 249 Logan's speech — Martin's attack — War fever. To James Madison, May loth 251 Alien bill — -Taxes — Burr's information — Cocade riot. To James Madison, May 17th 252 Vote on aUen biU — Provisional army — Cocade riot — Eastern poUtics — PubUc deception — PubUc addresses — Congress — French captures — Prices. To Aaron Burr, May 20th 254 Currie's claims on Morris — BurweU's ditto. xiv CONTENTS OF VOLUME VII. PAGE To James Monroe, May 2 Ist 256 Provisional army bill — Alien bill — Land tax — Sedition bill — Departure of French — Attack on Monroe — Election as a vindi cation. To James Madison, May 31st . . . . . 260 Correction — Capture of French vessels — AUen bill — / Treaties — Land tax — Adjournment — Departure of French — \/ Marshall's poem — Dupont. To John Taylor, June ist . . . . . . 263 Secession of Virginia and North Carolina — Present condition — Influences tending to produce change — Secession as a theory — New England perverse. To James Madison, June 7th ..... 266 Alien bill- Sedition bill— Other bills— Taxes— American envoys to France— Resolutions against France. To Archibald Stuart, June 8th 269 Movements of envoys to France— Gerry — French conduct — Nails. To James Madison, June 21st 272 Arrival of Marshall— Gerry— MarshaU's reception— Logan— / Harper's folly — Libels — Adjournment — Message. ^ To Samuel Smith, August 22d 275 Newspaper squib— Consultation with Bache, Leib, and Rey nolds — Not a partisan of France — Newspaper writing. To A. H. Rowan, September 26th .... 280 System of alarm— Influence of England— Virginia not deluded. To Wilson Cary Nicholas, October 5th . . . 281 Trust in Breckenridge— Kentucky resolutions— Politics of North Carolina— Consultation of Madison. V To Stephen Thompson Mason, October nth . . 282 CaUender— X. Y. Z. fever abating— Action of state legis- ^T latures— Federalist projects— Tenants. ^ Petition on Election of Jurors, October . . . 284 ^ To James Madison, October 26th ..." 287 Petition in re jurors— Kentucky resolutions. " '^ To James Madison, November 17th .... 288 Mechanics— Kentucky resolutions— Nails * ' 1/ Drafts of the Kentucky Resolutions of 1 798, November, 280 V CONTENTS OF VOLUME VII. xv PAGE To John Taylor, November 26th .... 309 Farming — Risk of letter writing — Unsoundness of Virginia — Taxes a cure — Excessive expense the poUcy of the Federalists — '-^ Amendment to prevent borrowing — AUen and sedition laws — Petition in re juries. To Wilson Cary Nicholas, November 29th . . 312 Change in Resolutions. 1799. To James Madison, January 3d . . . . . 313 President's speech — RepubUcan spirit gaining ground — Con- '^ ciliator)' attitude of France — Navy — Insurance — Elections — Bankruptcy of Knox — Petition in re Lyon. To James Monroe, January 3d . . . . • 3^5 Lands — Knox's bankruptcy — Logan — Lyon. To James Madison, January i6th . . . .316 Harper's forgery — Logan — Gerry's letters — Sincerity of France — Expenses — Taxes — Treaty commissioners — Bona parte's movements — Tobacco — Federal Convention debates. To James Monroe, January 23d . . . . .319 Expenses and income — Gerry's correspondence — X. Y. Z. delusion disappearing — St. Domingo bill — Elections. To John Taylor, January 24th ..... 322 Death of Tazewell — Succession by Monroe. To John Page, January 24th ..... 323 Gerry's correspondence — Irritating measures towards France — Loans — Income and expenses — InfideUties of post-ofiBce. To Elbridge Gerry, January 26th .... 325 Friendship — Logan's mission — ^Jefferson's relation thereto — 'T.oyalty to Constitution — Relations with Europe — WeU-wisher of French revolution — Facts as to Gerry — X. Y. Z. fever — Abuse — Federalist dislike of Gerry. To Edmund Pendleton, January 29th . . . 336 Address of Pendleton— X. Y. Z. and Gerry — Urges Pendle ton to write a recapitulation — Federalist measures restoring reason — ' ' Logan " biU. To James Madison, January 30th .... 339 Congressional measures — PoUtical changes in states — Peti- ^ "^ tions against aUen and sedition bOls — Bonaparte — Tobacco. xvi CONTENTS OF VOLUME VII. PAGE To James Madison, February 5th .... 342 Army bill — Non-intercourse bill — St. Domingo clause — Livermore — Political changes — Squib in Bache's paper— Engine of the press. To James Monroe, February nth .... 345 Congressional bills — Loans — New diplomatic appointments — The Retaliation. To Aaron Burr, February nth 347 Private business — Navy and army bills — St. Domingo and American slavery — System of alarm flags — German counties of Pennsylvania. To James Madison, February 12th .... 349 Bills— French arret — Appointments— Coalition with Russia «/ and Turkey. To Archibald Stuart, February 13th .... 350 Congressional measures — Excessive taxation — Gerry's in formation as to France — The Retaliation — Diplomatic appoint- / ments — British depredations — Petitions against aUen and sedition bills — Danger of extreme measures — Nails. To Edmund Pendleton, February 14th . . .355 Former request— Political changes— Danger of force— GaUa- tin's speech— Article by Nicholas— The Retaliation-~T>\-p\oma.\.\c appointments— Conduct of France— Reception of ministers- Army bill- Treaty commission. To James Madison, February 19th .... 361 Army bill— The Retaliation — Negotiation with Murray. To Edmund Pendleton, February 19th . . .363 The Retaliation— U-axx&y' 5 nomination— Consul to St. Do mingo — French conduct. To James Monroe, February 19th • ... 365 •¦ Murray's nomination— Surprise of Federalists. To Robert R. Livingston, February 23d . . . 367 Steam engine— Pump— Politics— Tories. To James Madison, February 26th . . 360 , ^"''^^y's nomination-Superseded by new envoys-Report on / alien and sedition biUs-IU-treatment of opponents. V To Bishop James Madison, February 27th . . 372 Nomination of envoys to France— Petitions. CONTENTS OF VOLUME VII. xvii PAGE To Thomas Lomax, March I2th .... 373 Spirit of 1776 — War party — Political changes — French mis conduct. To Edmund Pendleton, April 22d .... 375 Newspaper article — Political changes — Hamilton the real \/ general — Massachusetts — Commerce. To Archibald Stuart, May 14th 376 Money affairs — l^ails;— McDowell — Congressional election — Henry's apostacy. To Tench Coxe, May 21st 378 New paper — Congressional elections — Fear of Henry. To Harry Innes, June 20th 381 Logan — Notes on Virginia — Volney. To Edmund Randolph, August i8th . . . .383 Common law in Federal courts — Encroachments of national V government — Continuance of laws — Virginia's example. To James Madison, August 23d 387 » Nails — Plasterer — United action of Virginia and Kentucky. To Wilson C. Nicholas, August 26th . . .389 United action of Virginia and Kentucky. V To Wilson C. Nicholas, September 5th . . . 380. Proposed answer in re Kentucky resolutions — Common law / in Federal courts. To James Thomson Callender, September 6th . . 392 Money — Richmond Association. To James Thomson Callender, October 6th . . 393 Barbary negotiations — Method of choosing electoral college — ^Writings of Callender. To Stephen Thompson Mason, October 27th . . 396 Farming— Election of McKean — Republicanism growing. To Charles Pinckney, October 29th • , • ¦ • 39^ / Robbins' case — Pennsylvania election- Common law in Fed eral courts — French misfortunes — Route of travel. 7 To James Madi.son, November 22d .... 399 Danger of consultation— Distrust ot post-office— Jury system. ^ xviii CONTENTS OF VOLUME VII. 1800. PAGE To James Monroe, January 12th .... 401 Presidential election — Conversation with Burr — PoUtics — Personal wishes. To Mary Jefferson Eppes, January 17th . . . 403 Journey — Senate — Adjournment — J. Randolph insulted — Du pont — Lafayette — Return to MonticeUo — Anxiety of parent. To Joseph Priestley, January i8th .... 406 Pamphlets — Persecution — Newspapers — Residence — Pro posed coUege — Courses — Dupont — Visit. To Harry Innes, January 23d 410 Logan's murder — ^Western judicial district — Mississippi ter- / ritory — European rumors — New French revolution — Plural V executive. To Martha Jefferson Randolph, January 21st . . 410 Birth of gfandchUd — ChUdren. To Joseph Priestley, January 27th .... 413 Courses of study — Languages — School biU — Temporary American delirium. To John Breckenridge, January 29th .... 416 I' Kentucky resolutions— Western judicial district— Viva-voce testimony— Juries— French revolution— Bonaparte. V To Bishop James Madison, January 31st lUuminatism— Barruel — Wishaupt — Freemasons— Morse- Godwin — New French revolution. To Thomas Mann Randolph, February 2d t French revolution-Bonaparte— FederaUst plans— HamUton" —Taxes— Robbins' case— Disunion of States— Bankruptcies. ^ To James Monroe, February 6th ... _ .34 ' Madison's report. ' To Samuel Adams, February 26th .... 425 Revolutionary principles-National debt-French repubU- cans — Bonaparte. To George Wythe, February 28th . . 426 mlud^'"'"'^'"'' rules-Congressional proceedings-Proposed 419 421 CONTENTS OF VOLUME VII. PAGE To James Madison, March 4th 429 Constitutional amendments — Loans — Bankruptcies — Rob- . / bins' case — Envoys to France — Tobacco — Misuse of commercial ^ powers — Presidency — Election. To Benjamin Hawkins, March 14th .... 435 Change of condition from 1775 — Indian languages — Mrs. Trist — Social news. To James Madison, March 25th .... 437 Nicholas' amendment to Constitution — Judiciary law — P Growth of republicanism. To P. N. Nicholas, April 7th 439 Cooper's pamphlet — Declaratory act — Political changes. To William Hamilton of Woodlands, April 22d . 440 Apparent neglect — Social discord — Political antipathies — Botany. To Edward Livingston, April 30th .... 443 Election — Madness of Federalists — Judiciary bill — Presiden- ,. I ' tial election — Marshall's manoeuvre — Bill incorporating copper "V mine. To Robert R. Livingston, April 30th . . . 444 Agricultural transactions — Mould-board — ^Vegetable paper — ^J V Constitutional construction. To James Madison, May 12th 44^ Congressional proceedings — Federalist majority — Senate re- ^ gardless of public opinion. To James Monroe, May 26th 447 Anti-unionists — Athiesm — Calumnies — Chase — Callender — Movements. To Pierce Butler, August nth 449 Political changes— Scheme to elect Pinckney— Burr. To Gideon Granger, August 13th . . . • 45° I / RepubUcan majority— New England— Common law— True / '] theory of government— Credulity of people— Letter of M'- '*' , Gregory. To Jeremiah Moor, August 14th .... 453 1 Principles— Scheme of State constitution— Suffrage— Limit J of election— Exclusion of clergy— Political changes. To James Madison, September 17th .... 45^ No news of envoys— Truxton— Prospects of election. CONTENTS OF VOL UME VII. 1801. PACE To James Monroe, September 20th .... 457 Lands — Negro insurrection. To Doctor Benjamin Rush, September 23d . . 458 Yellow-fever — Recognition of merit— Possible aristocracy — Christianity — Religious freedom — Forgeries — Insurrection of slaves. To James Monroe, November 8th .... 461 President's speech — Lands — Negro insurrection. To Robert R. Livingston, December 14th . . 462 Steam engine — "Big-bones" — ^ Success of Republicans — Offer of Secretaryship of Navy — Expense of oflSce. To Aaron Burr, December 15th . . . . . 466 Election news — Hope of Federalists — Regret over Burr not being available for Cabinet position. To John Breckenridge, December i8th . . . 468 Letter-writing — Federalist schemes — French convention. To James Madison, December 19th .... 470 Election news — Asks Madison to join him — French conven- / t tion — Federalist plans. v To Caesar Rodney, December 2ist . . . . 472 Election — French treaty — Judiciary bill — Public roads — Prov- / ¦ ince of national government. V To James Madison, December 26th .... 473 ^ Election— Federalist schemes— French convention — Terri- / torial government — Lyons fine. v To Tench Coxe, December 31st . . . . 474 Writings of Coxe— EquaUty of votes— Election plans. Services of Jefferson . . .-- ¦' 475; n/ To Mary Jefferson Eppes, January 4th . . . 477 Letters— Visit to Mount Vernon— Election— Burr— Future movements. To Dr. Hugh Williamson, January loth . . .479 Temperature— Origin of turkey— Strickland arms. To William Dunbar, January 12th . . . . 481 Temperature-Cold-Rainbows-Indian vocabularies. CONTENTS OF VOLUME VII. XXI To Colonel John Hoomes, January 24th . ^' Sedition law — French convention. To James Madison, February ist ... . Refusal of Livingston — Samuel Smith — Election — Madison's health. To Aaron Burr, February ist . Sowing tares — Letter to Breckenridge — Slander. To Thomas M'Kean, February 2d ... . Election — Free elections — Patronage and removals. To Tench Coxe, February nth ..... American Museum — Election — Federal desertion of offices — Defects of Constitution. To Dr. Benjamin Smith Barton, February 14th . ^ Appointments — Removal from offices — Election — Constitu tional convention. To James Monroe, February 15th . . . . I Election — Federalist schemes — Constitutional convention — Refusal to make pledges. To Robert R. Livingston, February i6th . Regrets at refusal — Election to Philosophical Society — Agri cultural societies. To James Madison, February i8th . . . . Election — Obstinacy of FederaUsts — Federalist support — Adams' conduct — Nominations. To Lieutenant Henry Dearborn, February i8th Offer of Secretary of War — Meeting of new Cabinet. To Thomas Mann Randolph, February 19th Election — Federalist phalanx. To the Secretary of the Treasury, February 20th Thanks for offer of service. To the Secretary of the Navy, February 21st . Thanks for offer of service. To Robert R. Livingston, February 24th . Offer of French Mission. To Thomas Lomax, February 25th . Federalists yielding — Dangers of dissolution of Union. Speech to the Senate, February 28th 483 48448s 486487 \^ 489 490 492 494 495497 V 498498 499 500,Soi\ ITINERARY AND CHRONOLOGY OF THOMAS JEFFERSON 1795-1801. 1795- July 26? Dec. ? 1796. 7 Apr. 24. May 12. June Nov. 4. 1797-- -Jan. I. 25- Feb. 8. 20. 24. Mar. 2. 3- 4- 6. 12. 20. At MonticeUo. Establishes naillery. Granddaughter Eleanor dies. Writes ' ' Notes " for Ebeling. Invents mould-board for plow. Writes letter to Mazzei. Executes mortgage to Van Staphorst & Hub bard. Begins remodelling house at MonticeUo. Visited by Rochefoucauld-Liancourt. Elected Vice-President. Elected President of Philosophical Society. Refuses to serve on Boundary Commission. Mazzei Letter printed in Florence. Mazzei Letter printed in Paris. Electoral Ballot counted by Congress. Leaves MonticeUo. At Georgetown. Arrives at Philadelphia. Calls on Adams. Sworn in as Vice-President. Offered French Mission. Dines with Washington. Leaves Philadelphia. Arrives at MonticeUo. xxiv ITINERARY AND CHRONOLOGY OF 1797- — May 5. Leaves MonticeUo. II. Arrives at Philadelphia. 14. Mazzei Letter printed in America. June Attacked by Luther Martin in newspapers. July 6. Leaves Philadelphia. II. Arrives at MonticeUo. Aug. 1 Drafts petition concerning grand-juries. Oct. 13. Maria Jefferson marries John Waylies Eppes. Dec. 4. Leaves MonticeUo. 6. Visits Madison at Montpelier. 12. Arrives at Philadelphia. 1798.- Feb. 15. Dines with Adams. 19- X. Y. Z. Message. ¦'^pr. 3- X. Y. Z. dispatches transmitted to Congress. June 27. Leaves Philadelphia. 28. At Baltimore. July I. At Federicksburg. 6. AUen bill passed. 9- At MonticeUo. 14. ¦ 0 Sedition bill passed. *^'^'- Writes Essay on study of Anglo-Saxon. Drafts Petition on juries. Drafts Kentucky Resolutions. ^°^- '4. Kentucky legislature adopts resolutions. Revises Madison's Virginian Resolutions. Leaves MonticeUo. Arrives at Philadelphia. Leaves Philadelphia. Arrives at MonticeUo. At Montblanco. At Eppington. At Edgehill. At MonticeUo. Orders payment to CaUender of $50. Leaves MonticeUo. Arrives at Philadelphia. Body servant, Jupiter, dies. Prints " Appendix " to Notes on Virginia. Plans University of Virginia. Prepares Parliamentary Manual. Has conversation with Adams. Republican caucus nominates Jefferson and Leaves Philadelphia. Arrives at MonticeUo. Dec. 18. 25. I799-- — Mar. I. 8. May 21. 26. 29. June 3. Sept. 6. Dec. 22. 28. 1800. Jan. 18. Feb. Mar. II. May 15. 29. THOMAS JEFFERSON. xxv i8ao.- 1801. - June Oct. 22. Nov. ,24. 29. Dec. 14. ¦Jan. 22. Feb. II. 17. 18. 24. 28. Capital removed to Washington. Orders payment to Callender of $50. Leaves MonticeUo. Arrives at Washington. Offers Secretaryship of Navy to Livingston. Pays visit to Mount Vernon. Congress begins to ballot for President. Jefferson elected President. Offers Secretaryship of War to Dearborn. Offers French Mission to Livingston. Farewell speech to Senate. THE WRITINGS OF THOMAS JEFFERSON. CORRESPONDENCE AND MISCELLANEOUS WRITINGS. 1795-1801. TO JAMES MADISON. J. MSS. MONTICELLO, Feb. 5, 95. Dear Sir, — * * * We have had about 4. weeks of winter weather, rather hard for our climate — many lit tle snows which did not lay 24. hours & one 9. 1, deep which remained several days. We have had but few thawing days during the time. — It is generally feared here that your collegue F. Walker will be in great danger of losing his election. His competitor is in defatigable attending courts &c., and wherever he is, there is a general drunkenness observed, the' we do not know that it proceeds from his purse. — Wilson Nicholas is attacked also in his election. The ground on which the attack is made is that he is a speculator. The explanations which this has produced, prove it a VOL VII— I 2 THE WRITINGS OF [1795 serious crime in the eyes of the people. But as far as I hear he is only investing the profits of a first & only speculation. — Almost every carriage-owner has been taken in for a double tax : information through the newspapers not being actual, tho' legal, in a country where they are little read. This circumstance has made almost every man, so taken in, a personal enemy to the tax. I escaped the penalty only by sending an express over the country to search out the officer the day before the forfeiture would have been incurred. — We presume you will return to Orange after the close of the session & hope the pleasure of seeing mrs. Madison & yourself here. I have past my winter almost alone, mr & mrs Randolph being at Varina. Present my best respects to mrs Madison, & accept them affectionately yourself. TO M. D'lVERNOIS. j. mss. MoNTiCELLo, IN Virginia, Feb. 6, 1795. Dear Sir, — Your several favors on the affairs of Geneva found me here, in the month of December last. It is now more than a year that I have with drawn myself from public affairs, which I never liked in my life, but was drawn into by emergencies which threatened our country with slavery, but ended in estabHshing it free. I have returned, with infinite appetite, to the enjoyment of my farm, my family & my books, and had determined to meddle in nothing beyond their limits. Your proposition, however, for transplanting the college of Geneva to my own coun- 1795] THOMAS JEFFERSON. 3 try, was too analogous to all my attachments to science, & freedom, the first-born daughter of science, not to excite a lively interest in my mind, and the ¦essays which were necessary to try it's practicability. This depended altogether on the opinions & disposi tions of our State legislature, which was then in session. I immediately communicated your papers to a member of the legislature, whose abilities & zeal pointed him out as proper for it, urging him to sound as many of the leading members of the legislature as he could, & if he found their opinions favorable, to bring forward the proposition ; but if he should find it desperate, not to hazard it ; because I thought it best not to commit the honor either of our State or of your college, by an useless act of eclat. It was not till within these three days that I have had an interview with him, and an account of his proceedings. He communicated the papers to a great number of the members, and discussed them maturely, but pri vately, with them. They were generally well-disposed to the proposition, and some of them warmly ; how ever, there was no difference of opinion in the con clusion, that it could not be effected. The reasons which they thought would with certainty prevail against it, were i. that our youth, not familiarized but with their mother tongue, were not prepared to receive instructions in any other ; 2d. that the ex- pence of the institution would excite uneasiness in their constituents, & endanger it's permanence ; & 3. that it's extent was disproportioned to the narrow state of the population with us. Whatever might 4 THE WRITINGS OF [1795 be urged on these several subjects, }"et as the decision rested with others, there remained to us only to regret that circumstances were such, or were thought to be such, as to disappoint j'our & our wishes. I should have seen with peculiar satisfaction the establishment of such a mass of science in my countr}^ and should probably have been tempted to approach myself to it, by procuring a residence in it's neighborhood, at those seasons of the year at least when the operations of agriculture are less active and interesting. I sincerely lament the circumstances which have suggested this emigra tion. I had hoped that Geneva was familiarized to such a degree of libert}-, that they might without difficulty or danger fill up the measure to its maxi mum ; a term, which, though in the insulated man, bounded only by his natural powers, must, in society, be so far restricted as to protect himself against the evil passions of his associates, & consequently, them against him. I suspect that the doctrine, that small States alone are fitted to be republics, will be e.x- ploded by experience, with some other brilliant fal lacies accredited by Montesquieu & other political writers. Perhaps it will be found, that to obtain a just republic (and it is to secure our just rights that we resort to government at all) it must be so exten sive as that local egoisms may never reach it's greater part; that on every particular question, a m'ljority may be found in it's councils free from particular interests, and giving, therefore, an uniform prevalence' to the principles of justice. The smaller the societies, i79S] THOMAS JEFFERSON. 5 the more violent & more convulsive their schisms. We have chanced to live in an age which will probably be distinguished in history, for it's experiments in government on a larger scale than has yet taken place. But we shall not live to see the result. The grosser absurdities, such as hereditary magistracies, we shall see exploded in our day, long experience having already pronounced condemnation against them. But what is to be the substitute ? This our children or grand children will answer. We may be satisfied with the certain knowledge that none can ever be tried, so stupid, so unrighteous, so oppressive, so destructive of every end for which honest men €nter into government, as that which their forefathers had established, & their fathers alone venture to tumble headlong from the stations they have so long abused. It is unfortunate, that the efforts of man kind to recover the freedom of which they have been so long deprived, will be accompanied with violence, with errors, & even with crimes. But while we weep over the means, we must pray for the end. — But I have been insensibly led by the general complexion of the times, from the particular case of Geneva, to those to which it bears no similitude. Of that we hope good things. Its inhabitants must be too much enlightened, too well experienced in the blessings of freedom and undisturbed industry, to tolerate long a contrary state of things. I shall be happy to hear that their government perfects itself, and leaves room for the honest, the industrious & wise ; in which case, your own talents, & those of the persons for whom 6 THE WRITINGS OF [1795 you have interested yourself, will, I am sure, find welcome & distinction. My good wishes will always attend you, as a consequence of the esteem & regard with which I am, Dear Sir, your most obedient & most humble servant. TO JAMES BROWN.i MONTICELLO Apl 18. 95. Dear Sir, — I received a few days ago your kind favor of Mar 14. The object of my letter had been not at all a retardation of the paiment I had promised you during the present & ensuing month, but as my crop of tob° was much short of what was usual, it was. merely to see how far my next best article of produce,. to wit, nails, could take its place with you. I have. had 9 hammers at work for you for some time past. We have of nails on hand & credits to go to your benefit about ^^80. and some time in the next month. shall have enough for the balance. If I cannot sell them for cash here, I will send them to Richmond to be converted into cash there so as to be in time for my engagement. 1382 In the margin are the weights of my tob° (only 1362 12 hhds) now in Richmond, averaging 1313. 1 138. lbs. I am offered here 4/ above the present 1 196. market price. But you shall certainly have a 1360. preference on equal terms to any other 1426 purchaser. As I shall not go to Richmond. 1240 myself, I must ask you by letter your highest 1294 price. You knoWJiav^^an_establisheA 1 From a copy courteously i^'x^^^^^^^^'^^^:'^:^;^^^ of Augusta, Ga. 1795] THOMAS JEFFERSON. 7 1386 privilege of being considerably above the 1348 market. I must tell you at the same time 1280 that the quality of the last year's crop is 1346 inferior, but still mine preserving its com- ¦ parative superiority, stands on its usual 15.757. ground with respect to others. Let me have your ultimatum, if you please, by the post after next, say that which leaves Richmond the 3d of May, till which time I will reserve myself here. TO ARCHIBALD STUART.' MONTICELLO Apr. 18. 95 Dear Sir — I did not receive your favor of the 7'? till the 1 7* inst. consequently you had then passed on to New London. I could not learn that your brother was in the neighborhood. I inclose you a copy of an advertisement I had thought some time ago of putting in the public papers, but did not do it. You will see by that the books I have to dispose of. The last two or three lines of it are not for you, for you may take such of the books as you chuse, and what time of paiment you please. If you meet with any body who will take the whole of the residue I shall be glad of it. I have stated that at the price I offer the whole would be at about 6 Doll average a volume. But if they are separated, being of very unequal values, their respective prices can be proportioned to that sum total, by Worral's catalogue. Hargrave's Coke Littleton for instance cost as much as any 3 or 4 1 From the original in the possession of the Virginia Historical Society. 8 THE WRITINGS OF [1795 of the Other volumes — When I spoke of meeting you on your way to the Bedford court, I did not know that our own district court was exactly at the same time at which I was obliged to attend. This put it out of my power to be in Bedford this month. — With respect to the gentleman whom we expected to see there, satisfy him if you please that there is no remain of disagreeable sentiment towards him on my part.^ I was once sincerely affectioned towards him and it accords with my philosophy to encourage the tran quillizing passions. Adieu. TO JAMES MADISON. mad. Mss. MONTICELLO, Apr 27, 1795. Dear Sir, — Your letter of Mar 23. came to hand the 7th of April, and notwithstanding the urgent reasons for answering a part of it immediately, yet as it mentioned that you would leave Philadelphia within a few days, I feared that the answer might pass you on the road. A letter from Philadelphia by the last post having announced to me your leaving that place the day preceding it's date, I am in hopes this will find you in Orange. In mine, to which yours of Mar 23. was an answer, I expressed my hope of the only change of position I ever wished to see you make, and I expressed it with entire sincerity, because there is not another person in the U S. who being placed at the helm of our affairs, my mind would be so com- pletely at rest for the fortune of our political bark. ' Patrick Henry. 1795] THOMAS JEFFERSON. 9 The wish too was pure, & unmixed with anything respecting myself personally. For as to myself, the subject had been thoroughly weighed & decided on, & my retirement from office had been meant from all office high or low, without exception. I can say, too, with truth, that the subject had not been presented to my mind by any vanity of my own. I know my self & my fellow citizens too well to have ever thought of it. But the idea was forced upon me by continual insinuations in the public papers, while I was in office. As all these came from a hostile quar ter, I knew that their object was to poison the public mind as to my motives, when they were not able to charge me with facts. But the idea being once pre sented to me, my own quiet required that I should face it & examine it. I did so thoroughly, & had no difficulty to see that every reason which had deter mined me to retire from the office I then held, oper ated more strongly against that which was insinuated to be my object. I decided then on those general grounds which could alone be present to my mind at the time, that is to say, reputation, tranquillity, labor ; for as to public duty, it could not be a topic of con sideration in my case. If these general considera tions were sufficient to oround a firm resolution never to permit myself to think of the office, or to be thought of for it, the special ones which have super vened on my retirement, still more insuperably bar the door to it. My health is entirely broken down within the last eight months ; my age requires that I should place my affairs in a clear state ; these are THE WRITINGS OF [i795 sound if taken care of, but capable of considerable dangers if longer neglected ; and above all things, the delights I feel in the society of my family, and the agricultural pursuits in which I am so eagerly engaged. The little spice of ambition which I had in my younger days has long since evaporated, and I set still less store by a posthumous than present name. In stating to you the heads of reasons which have produced my determination, I do not mean an opening for future discussion, or that I may be rea soned out of it. The question is forever closed with me ; my sole object is to avail myself of the first opening ever given me from a friendly quarter (and I could not with decency do it before), of preventing any division or loss of votes, which might be fatal to the Republican interest. If that has any chance of prevailing, it must be by avoiding the loss of a single vote, and by concentrating all its strength on one object. Who this should be, is a question I can more freely discuss with anybody than yourself. In this I painfully feel the loss of Monroe. Had he been here, I should have been at no loss for a chan nel through which to make myself understood ; if I have been misunderstood by anybody through the in strumentality of mr. Fenno & his abettors. — I long to see you. I am proceeding in my agricultural plans- with a slow but sure step. To get under full way will. require 4. or 5. years. But patience & perseverance will accomplish it. My little essay in red clover, the last year, has had the most encouraging success. I sowed then about 40. acres. I have sowed this year 1795] THOMAS JEFFERSON. ii about 1 20. which the rain now falling comes very opportunely on. From 160. to 200. acres, will be my yearly sowing. The seed-box described in the agri cultural transactions of New York, reduces the ex pense of seeding from 6/ to 2/3 the acre, and does the business better than is possible to be done by the human hand. May we hope a visit from you ? If we may, let it be after the middle of May, by which time I hope to be returned from Bedford. I had had a proposition to meet mr. Henry there this month, to confer on the subject of a convention, to the calling of which he is now become a convert. The session of our district court furnished me a just excuse for the time ; but the impropriety of my entering into consultation on a measure in which I would take no- part, is a permanent one. Present my most respectful compliments to mrs. Madison, & be assured of the warm attachment of,. Dear Sir, yours affectionately. TO WILLIAM BRANCH GILES. j. mss., MONTICELLO, Apr 27, 1795. Dear Sir, — Your favor of the i6th came to hand. by the last post. * * * j sincerely congratulate you on the great prosperities of our two first allies, -the French & Dutch. If I could but see them now at peace with the rest of their continent, I should have little doubt of dining with Pichegru in London, next autumn ; for I believe I should be tempted to leave my clover for awhile, to go and hail the dawn of 12 THE WRITINGS OF [1795 liberty & republicanism in that island. I shall be rendered very happy by the visit you promise me. The only thing wanting to make me completely so, is the more frequent society with my friends. It is the more wanting, as I am become more firmly fixt to the glebe. If you visit me as a farmer it must be as a condisciple : for I am but a learner ; an eager one indeed, but yet desperate, being too old now to learn a new art. However, I am as much delighted & occupied with it, as if I was the greatest adept. I shall talk with you about It from morning till night, and put you on very short allowance as to political aliment. Now and then a pious ejaculation for the French & Dutch republicans, returning with due despatch to clover, potatoes, wheat, &c. That I may not lose the pleasure promised me, let it not be till the middle of May, by which time I shall be re turned from a trip I meditate to Bedford. Yours affectionately. TO DEMEUNIER.i j. mss. MONTICELLO, Virginia, Apr. 29, 95. Dear Sir.— Your favor of Mar. 30. from Philadelphia came to my hands a few days ago. That which you mention to have written from London has never been received ; nor had I been able to discover what has been your fortune during the troubles of France after the death of the King. Being thoroughly persuaded that under ^L^!!;^^i'!^!!^f^^!!j:^^lL^^^^^ entirely ' See Vol. IV, 138. 1795] THOMAS JEFFERSON. 13 innocent & friendly to the freedom of your country, I had hopes that you had not been obliged to quit your own country. Being myself a warm zealot for the attainment & enjoiment by all mankind of as much liberty, as each may exercise without injury to the equal liberty of his fellow citizens, I have lamented that in France the endeavours to obtain this should have been attended with the effusion of so much blood. I was intimate with the leading characters of the year 1 789. So I was with those of the Brissotine party who succeeded them : & have always been persuaded that their views were upright. Those who have followed have been less known to me : but I have been willing to hope that they also meant the establishment of a free government in their country, excepting perhaps the party which has lately been suppressed. The government of those now at the head of affairs appears to hold out many indications of good sense, moderation & virtue ; & I cannot but presume from their character as well as your own that you would find a perfect safety in the bosom of your own country. I think it fortunate for the United States to have become the asylum for so many virtuous patriots of different denominations : but their circumstances, with which you were so well acquainted before, enabled them to be but a bare asylum, & to offer nothing for them but an entire freedom to use their own means & faculties as they please. There is no such thing in this country as what would be called wealth in Europe. The richest are but a little at ease, & obliged to pay the most 14 THE WRITINGS OF [1795 rigorous attention to their affairs to keep them together. I do not mean to speak here of the Beau- jons of America. For we have some of these tho' happily they are but ephemeral. Our public oeconomy also is such as to offer drudgery and subsistence only to those entrusted with its administration, a wise & necessary precaution against the degeneracy of the public servants. In our private pursuits it is a great advantage that every honest employment is deemed honorable. I am myself a nail-maker. On returning home after an absence of ten years, I found my farms so much deranged that I saw evidently they would be a burden to me instead of a support till I could regenerate them ; & consequently that it was neces sary for me to find some other resource in the mean time. I thought for awhile of taking up the ,, manufacture of pot-ash, which requires but small ad- / vances of money. I concluded at length however to begin a manufacture of nails, which needs little or no capital, & I now employ a dozen little boys from 10. to 16. years of age, overlooking all the details of their business myself & drawing from it a profit on which I can get along till I can put my farms into a course of yielding profit. My new trade of nail-making is to me in this country what an additional title of nobility or the ensigns of a new order are in Europe. In the commercial line, the grocers business is that which requires the least capital in this country. The grocer ¦ generally obtains a credit of three months, & sells for ready money so as to be able to make his paiments & obtain a new supply. But I think I have observed 1795] THOMAS JEFFERSON. 15 that your countrymen who have been obliged to work out their own fortunes here, have succeeded best with a small farm. Labour indeed is dear here, but rents are low & on the whole a reasonable profit & com fortable subsistence results. It is at the same time the most tranquil, healthy, & independent. And since you have been pleased to ask my opinion as to the best way of employing yourself till you can draw funds from France or return there yourself, I do presume that this is the business which would yield the most happiness & contentment to one of your philosophic turn. But at the distance I am from New York, where you seem disposed to fix yourself, & little acquainted with the circumstances of that place I am much less qualified than disposed to suggest to you emploiments analogous to your turn of mind & at the same time to the circumstances of your present situation. Be assured that it will always give me lively pleasure to learn that your pursuits, whatever they may be may lead you to contentment & success, being with very sincere esteem & respect, dear sir, your most obedient servant. TO JAMES MONROE. J. mss. MONTICELLO May 26, 1795. Dear Sir, — I have received your favor of Sep. 7th from Paris, which gave us the only news we have had from you since your arrival there. On my part it would be difficult to say why this is the first time I have written to you. Revising the case myself I am ;sensible it has proceeded from that sort of procrasti- 1 6 THE WRITINGS OF [1795 nation which so often takes place when no circum stance fixes a business to a particular time. I have never thought it possible through the whole time that I should be ten days longer without writing to you & thus more than a year has run off. I am too much withdrawn from the scene of politics to give you anything in that line worth your notice. The servile copyist of Mr. Pitt, thought he too must have his alarms, his insurrections and plots against the Constitution. Hence the incredible fact that the freedom of association, of conversation, & of the press, should in the 5th year of our government have been attacked under the form of a denunciation of the democratic societies, a measure which even England, as boldly as she is advancing to the establishment of an absolute monarchy has not yet been bold enough to attempt. Hence too the example of employing military force for civil purposes, when it has been impossible to produce a single fact of insurrection unless that term be entirely confounded with occa sional riots, & when the ordinary process of law had been resisted indeed in a few special cases but by no means generally, nor had its effect been duly tried. But it answered the favorite purposes of strengthen ing government and increasing public debt ; & there fore an insurrection was announced & proclaimed & armed against, but could never be found. & all this under the sanction of a name which has done too much good not to be sufficient to cover harm also. & what IS equally astonishing is that by the pomp of reports, proclamations, armies &c. the mind of the legislature 1795] THOMAS JEFFERSON. 17 itself was so fascinated as never to have asked where, when, & by whom this insurrection has been pro duced ? The original of this scene in another country was calculated to excite the indignation of those whom it could not impose on : the mimicry of it here is too humiliating to excite any feeling but shame. Our comfort is that the public sense is coming right on the general principles of republicanism & that its success in France puts it out of danger here. We are still uninformed what is Mr. Jay's treaty : but we see that the British piracies have multiplied upon us lately more than ever. They had at one time been suspended. We will quit the subject for our own business. The valuation by Mr. Lewis & Mr. Divers which had been set on foot before your departure, took place Sep. 19, 1794. It was £17^- currency & ex change being then at 40. per cent, it was equivalent tO;^i23-ii-5 sterling. On the 19th of Nov. I drew on James Maury for j£37-io sterling in favor of Wm. B. Giles, & shall now immediately draw for the bal ance. Mr. Madison & myself examined your different situations for a house. We did not think it admitted any sort of question but that that on the east side of the road, in the wood, was the best. There is a val ley not far from it to the southwest & on the western side of the road which would be a fine situation for an orchard. Mr. Jones having purchased in Loudon we shall hardly see him here, & indeed have hardly seen him. If I can get proper orders from him I will have the ground above mentioned planted in fruit VOL. VII.— 2 i8 THE WRITINGS OF [1795 trees from my own nursery, where I have made an extra provision on your account. Indeed I wish you would determine to save 500. or 1000^ a year from your present salary, which you ought to do as a com pensation for your time, & send us a plan of the house & let us be building it, drawing on you for a fixed sum annually till it be done. I would under take to employ people in the most economical way, to superintend them & the work & have the place in a comfortable state for your reception. If you think proper to authorize me to do this I shall begin imme diately on receiving your permission. I am so confident that you ought to do it & will do it that I have ven tured to send a small claim or two to you as explained in the two inclosed letters to LaMotte & Froulle, with an expectation that you will give me an oppor tunity of replacing it here to those who shall be em ployed for you. Should you however not conclude to let us do anything for you here, I would wish you to suppress both these letters. While speaking of Froulle, Libraire, au quai des Augustins, I can assure you that after having run a severe gauntlet under the Paris book-sellers I rested at last on this old gentle man, whom I found in a long & intimate course of after dealings to be one of the most conscientiously honest men I every had dealings with. I commend him to you strongly, should you purchase books. I think LaMotte at Havre a very good & friendly man, & wish your forming more than an official intimacy with him. Should you have occasion for wines from Burgundy, apply to Mons' Parent Connelie a Beaume, 1795] THOMAS JEFFERSON. 19 who will furnish you with the genuine wines you may call for, & at honest prices. I found him indeed very faithful in a long course of employment. He can particularly send you of the best crops of Meursalt & Cotte d'or. For fine Champagne non mousseux, apply to Monsr. Dorsai, or to his homme-d'affaires Monsr. Louis if still in place at his Chateau at Aij near Epernay in Champagne. While recommending good subjects to you I must ask you to see for me the following persons, present my affectionate remem brance to them and let me hear how they have weathered the storm. These are L'Abbe Ammon, place Vendome, chez M Daville, an excellent mentor and much affectioned to the Americans. Monsr. la Vieillard of Passy whom Dr. Franklin presented to me as the honestest man in France, & a very honest & friendly one I found him. Monsr. & Madame Grand at Passy vastly good & friendly people also. Dr. Gem an old English physician in the Faubourg St. Germains, who practiced only for his friends & would take nothing, one of the most sensible & worthy men I have ever known. But I reckon he has gone to England. Many others I could name of great worth but they would be too many, & have perhaps changed their scene. If Mr. Balbatre the musical preceptor of my daughters of the Faubourg St. Honore or its neighborhood can be found, be so good as to deliver him the affectionate compliments of my family, & if he can send them anything new & good in the musical line, I will ask you to pay him for it & let it be packed with the books from Froulle. 20 THE WRITINGS OF [1795 These, if they come at all, must come before the winter, as a winter passage is inevitable ruin to books. I have bought for Mr. Short the land between yours & Blenheim 1334 acres @ 23/6 ready money. Three out of seven shares (of 50 as each) of Carter's land over the mountain will be for sale soon. It is not known where these lands will lie as the partition is not yet made. Should anyone join you on the moun tain it would be worth your purchase. Colle is lately sold for;^375. to a Mr. Catlet, a farmer, whom I do not know. It is very possible it will be for sale again. Should you conclude to build a house, you must decide whether of brick or stone. The latter costs about one-half of the former, to wit about 8/ a perch of 25 cubic feet. I hope Mr. Jones will change the system of corn & wheat alternately on your land till the fields are entirely worn out, abandoned, & the new ones treated in the same manner. This is the way my lands have been ruined. Yours are yet in a save- able state. But a very little time will put some of them beyond recovery. The best plan would be to divide the open grounds into 5. fields, and tend them in this order, i. wheat. 2. corn & potatoes. 3. rye. 4. clover. 5. clover. And then begin wheat &c. over again. By this means they would go into corn but once in five years. It would be still better to have four or five men for a twelve months to clear the whole body of your tenable lands at once, that you may at once come into the use of the whole, & allow more relief to the old. & an easier service to all of it in general, instead of wearing out one half while i79S] THOMAS JEFFERSON. 21 clearing the other by little & little as we have gener ally done in this neighborhood. I am going to have Short's all cleared in this way. But of all this there can be no better judge than Mr. Jones. I have divi ded my farms into seven fields on this rotation, i. wheat. 2. peas & potatoes. 3. corn & potatoes. 4. peas & potatoes till I can get the vetch from Europe. ^. rye. 6. clover. 7. clover. My lands were so worn that they required this gentle treatment to re cover them. Some of yours are as far gone. There are two or three objects which you should endeavour to enrich our country with, i, the Alpine strawberry. 2. The skylark. 3. The red legged Partridge. I despair too much of the nightingale to add that. We should associate Mrs. Monroe to you in these con cerns. Present to her our most affectionate esteem, not forgetting Eliza. We are all well except Mr. Randolph, whose health is very frail indeed. It is the more discouraging as there seems to have been no founded conjecture what is the matter with him. Your brother is well, but Mrs. Monroe rather sickly. The death of Dr. Walker is the only event of that kind which has taken place in our neighborhood since you left us. Dr. Gilmer still lives. His eldest daugh ter is to be married to a Mr. Wirt the day after to morrow. Frank Walker has succeeded to the whole of Dr. Walker's estate, said to be worth ^20,000. Sam Carr married to a daughter of Overton Carr in Mary land & probably will remove there. His mother (my sister) living at his place a little above Dr. Gilmer's. -My budget is out. Adieu. God Almighty bless you all. 22 THE WRITINGS OF [1795 P. S. If you can send us with Froulle's books a. supply of 20. or 30 lb. of maccaroni, they will be an agreeable addition to his bill. TO TENCH COXE. j j,ss.. MONTICELLO June I, 1795. Dear Sir, — I received a few days ago only your favor of Mar. 20. accompanied by the collection of your papers lately printed, for which I cordially thank you. It will enable me to turn with more convenience to pieces which I consult with pleasure & instruction. I congratulate you on the successes of our two allies. Those of the Hollanders are new and there fore pleasing. It proves that there is a god in heaven, & that he will not slumber without end on the iniqui ties of tyrants, or their Stadtholder. This ball of lib erty, I believe most piously, is now so well In motion that it will roll round the globe. At least the en lightened part of it, for light & liberty go together. It is our glory that we first put it into motion, & our happiness that being foremost we had no bad exam ples to follow. What a tremendous obstacle to the future attempts at liberty will be the atrocities of Robespierre! We are enjoying a most seasonable sowing after a winter which had greatly injured our small grain. Nothing can give us a great crop. I doubt if it can be made even a good one. Our first hay-cutting (clover) begins to-day. This may mark to you the difference of your seasons & ours. My clover in common upland fields which were never 1795] THOMAS JEFFERSON. 23 manured will yield 1500 lb. to the acre at this cutting, which I consider as an encouraging beginning. I take the liberty of asking your care of two letters, both of them of importance. I have not enclosed Monroe's either to our office of foreign affairs or the Minister of France, because I thought you might possibly find a safer channel than either. It requires safety and secrecy. But adopt either of those channels if you think them the best. I am with much affection, dear sir, your friend & servant. TO JAMES MADISON. mad. mss. Aug. 3, 95. You will perceive by the inclosed that Hamilton has taken up his pen in support of the treaty (return it to me). He spoke on it's behalf in the meeting at New York, and his party carried a decision in favor of it by a small majority. But the Livlngstonians appealed to stones & clubs & beat him & his party off the ground. This from a gentleman just from Philadelphia. Adieu. P. S. Richmond has decided against the treaty. It Is said that not even Carrlngton undertakes to defend it. TO MANN PAGE. J- ^^s. MONTICELLO, Aug 30, 1795. It was not In my power to attend at Fredericksburg according to the kind invitation in your letter, and in that of mr. Ogilvie. The heat of the weather, the 24 THE WRITINGS OF [1795 business of the farm, to which I have made myself necessary, forbade it ; and to give one round reason for all, mature sanus, I have laid up my Rosinante in his stall, before his unfitness for the road shall expose him faultering to the world. But why did not I answer you in time ? Because, in truth, I am en couraging myself to grow lazy, and I was sure you would ascribe the delay to anything sooner than a want of affection or respect to you, for this was not among the possible causes. In truth, if anything could ever Induce me to sleep another night out of my own house, it would have been your friendly in vitation and my sollicitude for the subject of it, the education of our youth. I do most anxiously wish to see the highest degrees of education given to the higher degrees of genius, and to all degrees of it, so much as may enable them to read & understand what is going on in the world, and to keep their part of it going on right : for nothing can keep it right but their own vigilant & distrustful superintendence. I do not believe with the Rochefoucaults & Montaignes, that fourteen out of fifteen men are rogues : I believe a great abatement from that proportion may be made in favor of general honesty. But I have always found that rogues would be uppermost, and I do not know that the proportion is too strong for the higher orders, and for those who, rising above the swinish multitude, always contrive to nestle themselves into the places of power & profit. These rogues set out with stealing the people's good opinion, and then steal from them the right of withdrawing it, by con- 1795] THOMAS JEFFERSON. 25 trlving laws and associations against the power of the people themselves. Our part of the country is in con siderable fermentation, on what they suspect to be a recent roguery of this kind. They say that while all hands were below deck mending sails, splicing ropes, and every one at his own business, & the captain in his cabbin attending to his log book & chart, a rogue of a pilot has run them into an enemy's port. But metaphor apart, there is much dissatisfaction with mr. J ay & his treaty. For my part, I consider myself now but as a passenger, leaving the world, & it's govern ment to those who are likely to live longer In it. That you may be among the longest of these, is my sincere prayer. After begging you to be the bearer of my compliments & apologies to mr. Ogilvie, I bid you an affectionate farewell, always wishing to hear from you. TO JAMES MONROE. mon. mss. MONTICELLO. Sep. 6, 95. Dear Sir, — I wrote you on the 26th of May last. Since that Mr. Jones has been here & Mr. Madison, and have communicated to me some of your letters. Mr. Jones is taking good measures for saving and Im proving your land but of all this he will inform you. I enclose you a letter for Md? Bellanger, which I leave open for your perusal as its contents may suggest to you some service to Derieux. I also inclose you a letter from him, and a draft on his uncle's executors for 4000* which we must trouble you to remit In some way or other without loss if possible : and if it can- 26 THE WRITINGS OF [1795 not be received without too sensible a loss, I think it had better lie. Observe that the money is not to be remitted to Derieux, as he has conveyed it to Colo. Gamble & Colo. Bell to satisfy debts. I think it had better be sent to Colo. Bell, who will pay to Gamble his part of it. If you receive it, it may be a convenience and safety to all parties for you to apply a part of it to answer the little commissions I gave you for Froulle & La Motte, and to order me to pay their amount to Colo. Bell which I will do on sight of your order. But name the sum I am to pay in dollars to avoid all questions of depreciation. In this case I would be willing to extend my commission to the procuring me some wines from Bordeaux to be purchased & shipped for me by Mr. Fenwick to Rich mond, consigned to Colo. Gamble. I will note the wines at the foot of my letter. When you shall have read the letter to Madame Bellanger, be so good as seal & send it to her. — I trouble you also with a letter to Madame de Tess^ whom I suppose to be in Switzerland : pray find a safe conveyance, and receive for me any letters she may send for me. She is a person for whom I have great friendship. Mr. Gau- tier, banker, successor to Grand, to whom I enclose another letter can probably inform you how to address & forward that to Madame de Tesse.— Nothing has happened in our neighborhood worth communication to you. Mr. Randolph's health was at the lowest ebb, & he determined to go to the Sweet springs where he still is. His last letter in forms me that his amendment is so great as to o-ive 1795] THOMAS JEFFERSON. 27 him hopes of an entire recovery. — In political matters there is always something new. Yet at such a dis tance and with such uncertain conveyances it is best to say little of them. It may be necessary however to observe to you that in all countries where parties are strongly marked, as the monocrats and republicans here, there will always be desertions from the one side to the other : and to caution you therefore In your correspondence with Dawson^ who is now closely connected In speculations as we are told with Harry Lee. With 6"^'^^/ become a consummate Tory, and even Innes, who has changed backwards and forwards two or three times lately. — Mr. Jay's treaty has at length been made public. So general a burst of dissatisfac tion never before appeared against any transaction. Those who understand the particular articles of it, condemn these articles. Those who do not under stand them minutely, condemn it generally as wearing a hostile face to France. This last is the most nu merous class, comprehending the whole body of the people, who have taken a greater Interest in this transaction than they were ever known to do In any other. It has in my opinion completely demolished the monarchial party here. The Chamber of Com merce in New York, against the body of the town, the merchants in Philadelphia, against the body of their town, also, and our town of Alexandria have come forward in it's support. Some Individual cham pions also appear. Marshall, Carrlngton, Harvey, ' Italic are cipher numbers in original. 28 THE WRITINGS OF [1795 Bushrod Washington, Doctor Stewart. A more powerful one is Hamilton, under the signature of Camillas. Adams holds his tongue with an address above his character. We do not know whether the President has signed It or not. If he has it is much believed the H. of representatives will oppose it as constitutionally void, and thus bring on an em barrassing and critical state in our government. — If you should receive Derieux' money and order the wines, Mr. Fenwick ought to ship them in the winter months. Present my affectionate respects to Mrs. Monroe, and accept them yourself No sig nature is necessary.' P.S. The day after writing the preceding letter, yours of June 23 & 27 came to hand. I open this therefore to acknowledge the receipt & thank you for the information given. Soon after that date you will have received mine of May 26, and perceive by that & this that I had taken the liberty of asking some services from you. Yes, the treaty is now known here, by a bold act of duty in one of our Senators, and what the sentiments upon it are, our public papers will tell you, for I take for granted they are forwarded to you from the Secretary of State's office. The same post which ' "Wines to be procured & shipped by Mr. Fenwick from Bordeaux if it ¦should be found advantageous to remit mr. Derieux' money in that way. They will come at my risk. 250 botties of the best vin rouge ordinaire used at the good tables of Bor deaux, such as mr. Fenwick sent me before. 125 bottles of Sauteme, old & ready for use. 60 bottles of Fontignan. 60 botties of white Hermitage of the first quaUty, old & ready for use." 1795] THOMAS JEFFERSON. 29 brought your letter, brought also advice of the death of Bradford, Atty Genl., the resignation of E. Ran dolph (retiring perhaps from the storm he saw gather ing), and of the resolutions of the Chamber of Commerce of Boston in opposition to those of the town of Boston in general. P. Marks is dead within these 24. hours. His wife had died some months before. I omitted in my letter to mention that J. Rutledge was appointed Chief Justice in the room of Mr. Jay, and that he, Gov- Pinckney & others of that Southern constellation had pronounced themselves more desperately than any others against the treaty. — Still deliver the letters to Mad^ Bellanger. A true state of the case, soothing and altering terms may perhaps produce the execution of her last promise. TO TENCH COXE. J. mss. MONTICELLO Sep. 10, 95. Dear Sir, — I have to acknolege the receipt of your favor of July 30. The sentiments therein ex pressed on the subject of the treaty coincide perfectly with those of this country, which I believe were never more unanimous. 4. or 5. individuals of Richmond, distinguished however by their talents as by their devotion to all the sacred acts of the government, & the town of Alexandria constitute the whole support of that instrument here. Camillus may according to his custom write an Encyclopedia on the subject, but it is too obstinate to be twisted by all his sophisms 30 THE WRITINGS OF [1795 into a tolerable shape. Having interdicted to myself the reading of newspapers, & thinking or saying any thing on public matters beyond what the conversation of my neighbors draws me into, I leave such delights to those who, more rational than myself, prefer them to their tranquility, & to those whose stations keep them in that vortex, Sr make them better judges of what is passing around them. My situation putting it out of my power to find good conveyances for my foreign letters in these times of obstruction by sea & by land, I avail myself of your friendship to get them on : & now take the liberty of enclosing some. Our foreign ministers being entitled to charge their post ages, & the risque of separating the 3d. letter, dis penses with apology on the subject of postage. That to Van Staphorst covers bills of exchange, the prop erty of Mr. Mazzei which I am remitting as it is collected. TO HENRY TAZEWELL. j. j,sg. MONTICELLO, Sep 13, 1795. Dear Sir, — I ought much sooner to have acknol- eged your obliging attention In sending me a copy of the treaty. It was the first we received in this part of the country. Tho I have interdicted myself all serious attention to political matters, yet a very slight notice of that in question sufficed to decide my mind against it. I am not satisfied we should not be bet ter without treaties with any nation. But I am satis fied we should be better without such as this. The 1795] THOMAS JEFFERSON. 31 public dissatisfaction too & dissension it is likely to produce, are serious evils. I am not without hopes that the operations on the 1 2th article may render a recurrence to the Senate yet necessary, and so give to the majority an opportunity of correcting the error in to which their exclusion of public light has led them. I hope also that the recent results of the English will at length awaken in our Executive that sense of pub lic honor & spirit, which they have not lost sight of in their proceedings with other nations, and will establish the eternal truth that acquiescence under insult is not the way to escape war. / I am with great esteem. Dear Sir, your most obedient humble servant. TO JAMES MADISON. mad. mss. MONTICELLO, Sep 21, 1795. I received about three weeks ago, a box containing 6. doz. volumes, of 283. pages, 12 mo, with a letter from Lambert, Beckley's clerk, that they came from mr. Beckley, & were to be divided between yourself, J. Walker, & myself I have sent 2. doz to J. Walker, and shall be glad of a conveyance for yours. In the meantime, I send you by post, the title page, table of contents, and one of the pieces, Curtius,* lest it should not have come to you otherwise. It is evidently writ ten by Hamilton, giving a first & general view of the subject, that the public mind might be kept a little in check, till he could resume the subject more at large ' The letters of " Curtius" were written by Noah Webster, except numbers 6-7, which were from the pen of James Kent. 32 THE WRITINGS OF [1795 from the beginning, under his second signature of Camillus. The piece called " The Features of the Treaty," I do not send, because you have seen it in the newspapers. It is said to be written by Coxe, but I should rather suspect, by Beckley. The antidote Is certainly not strong enough for the poison of Curtius. If I had not been informed the present came from Beckley, I should have suspected It from Jay or Hamilton, I gave a copy or two, by way of experi ment, to honest, sound-hearted men of common understanding, and they were not able to parry the sophistry of Curtius. I have ceased therefore, to give them. Hamilton is really a colossus to the anti- republican party. Without numbers, he is an host within himself They have got themselves into a de file, where they might be finished ; but too much security on the republican part will give time to his talents & indefatigableness to extricate them. We have had only middling performances to oppose to him. In truth, when he comes forward, there is no body but yourself who can meet him. His adversaries having begun the attack, he has the advantage of answering them, & remains unanswered himself A solid reply might yet completely demolish what was too feebly attacked, and has gathered strength from the weakness of the attack. The merchants were cer tainly (except those of them who are English) as open mouthed at first against the treaty as any. But the general expression of indignation has alarmed them for the strength of the government. They have feared the shock would be too great, and have chosen 1795] THOMAS JEFFERSON. 33 to tack about & support both treaty & government, rather than risk the government. Thus it is, that Hamilton, Jay, &c., in the boldest act they ever ven tured on to undermine the government, have the ad dress to screen themselves, & direct the hue & cry against those who wish to drag them Into light. A bolder party-stroke was never struck. For it certainly is an attempt of a party, which finds they have lost their majority in one branch of the Legislature, to make a law by the aid of the other branch & of the executive, under color of a treaty, which shall bind up the hands of the adverse branch from ever restraining the commerce of their patron-nation. There appears a pause at present in the public sentiment, which may be followed by a revulsion. This is the effect of the desertion of the merchants, of the President's chiding answer to Boston & Richmond, of the writings of Curtius & Camillus, and of the quietism Into which people naturally fall after first sensations are over. For god's sake take up your pen, and give a funda mental reply to Curtius & Camillus. TO REV. JAMES MADISON."^ "" Fontainbleau Oct. 28. 1795 Dear Sir, — Seven o'clock, and retired to my fire side, I have determined to enter into conversation with you. This is a village of about 5000 Inhabitants ' The true date of this letter is ten years previous to this, Jefferson having written 1795 in place of 1785, and owing to this error, it was not included in its correct place in the present work. As the letter is of singular interest, the editor has thought it best to include it, even though out of its proper place. VOL VII — 3 34 THE WRITINGS OF [1795 when the court is not here & 20,000 when they are, occupying a valley thro' which runs a brook and on each side of it a ridge of small mountains most of which are naked rock. The King comes here, in the fall always, to hunt. His court attend him, as do also the foreign diplomatic corps. But as this is not indispensably required & my finances do not admit the expense of a continued residence here, I propose to come occasionally to attend the King's levees, ^ returning again to Paris, distant 40 miles. ^TThis being the first trip I set out yesterday morning to take a view of the place, j For this purpose I shaped my course towards the" highest of the mountains in sight, to the top of which was about a league, ^s soon as I had got clear of the town I fell in with a poor woman walking at the same rate with myself & going the same course.y Wishing to know the condition of the laboring poor I entered into conversation with her, which I began by enquiries for the path which would lead me into the mountain : & thence proceeded to enquiries into her vocation, condition & circum stances. 4 She told me she was a day labourer, at 8. sous or 4'* sterling the day ; that she had two children to maintain, & to pay a rent of 30 llvres for her house, (which would consume the hire of 75 days) that often she could get no emploiment, and of course was without bread. As we had walked together near a mile & she had so far served me as a guide, I gave her, on parting, 24 sous. She burst into tears of a gratitude which I could perceive was unfeigned be cause she was unable to utter a word/ She had 1795] THOMAS JEFFERSON. 35 probably never before received so great an aid. This little attendrissement, with the solitude of my walk led me into a train of reflections on that unequal division of property which occasions the numberless instances of wretchedness which I had observed in this country & is to be observed all over Europe. The property of this country is absolutely concen trated in a very few hands, having revenues of from half a million of guineas a year downwards. These employ the flower of the country as servants, some of them having as many as 200 domestics, not labouring. They employ also a great number of manufacturers, & tradesmen, & lastly the class of labouring husband men. But after all there comes the most numerous of all the classes, that is, the poor who cannot find work. I asked myself what could be the reason that so many should be permitted to beg who are willing to work, in a country where there is a very considera ble proportion of uncultivated lands ? These lands are undisturbed only for the sake of game. It should seem then that it must be because of the enormous wealth of the proprietors which places them above attention to the encrease of their revenues by permit ting these lands to be laboured. I am conscious that an equal division of property is impracticable. But the consequences of this enormous inequality produ cing so much misery to the bulk of mankind, legislators cannot Invent too many devices for subdividing prop erty, only taking care to let their subdivisions go hand in hand with the natural affections of the human mind. The descent of property of every kind there- 36 THE WRITINGS OF [1795 fore to all the children, or to all the brothers & sisters, or other relations in equal degree is a politic measure, and a practicable one. Another means of silently lessening the inequality of property is to exempt all from taxation below a certain point, & to tax the higher portions of property in geometrical progres sion as they rise. Whenever there is in any country, uncultivated lands and unemployed poor, it Is clear that the laws of property have been so far extended ias to violate natural right. The earth is given as a common stock for man to labour & live on. If for the encouragement of industry we allow it to be ap propriated, we must take care that other employment be provided to those excluded from the appropriation. If we do not the fundamental right to labour the earth returns to the unemployed. It is too soon yet in our country to say that every man who cannot find employment but who can find uncultivated land shall be at liberty to cultivate it, paying a moderate rent. But it is not too soon to provide by every possible means that as few as possible shall be without a little portion of land. The small land holders are the most precious part of a state. * * * TO JAMES MADISON. j. mss. Nov. 26, 95. Your favor from Fredericksburg came safe to hand, I enclose you the extract of a letter I received from Mr R. now in Richmond.' Tho' you will have been " ' Extract of a Ire. dated RlCHMD. Nov. 22. 1795. " Mann Page's motion for a resolution approving the conduct of the minority in the national senate was warmly agitated three whole days, Wednes- I79S] THOMAS JEFFERSON. 37 informed of the fact before this reaches you, yet you will see more of the subject by having different views of it presented to you. Though Marshall will be able to embarras the republican party In the assembly a good deal, yet upon the whole, his having gone into it will be of service. He has been hitherto able to do more mischief acting under the mask of Republicanism than he will be able to do after throwing it plainly off. day Thursd. & Friday. It was much less ably defended than opposed. John Marshal it was once apprehended would make a great number of converts by an argument which cannot be considered in any other light than an uncandid ¦artifice. To prevent what would be a virtual censure of the President's con duct he maintained that the treaty in all its commercial parts was still under the power of the H. of R. He contended that it was more in the spirit of the con stitution for it to be rendered nugatory after it received the sanction of the P. .& S. by the H. of R. refusing it their support, than for its existence to be pre vented, for it tobe stifled in embryo by their declaring upon application from the P. to know their sentiment before he had given it his signature, that they would withhold that support. He compared the relation of the Executive to the Legislative department to that between the states and the Congress under the old confederation. The old Congress might have given up the right of laying discriminating duties in favor of any nation by treaty : it would never have thought of taking beforehand the assent of each state thereto. Yet no one would have pretended to deny the power of the states to lay such. This doctrine, I believe, is all that is original in his argument. The sophisms of Camillus, & the nice distinctions of the Examiner made up the rest. It is clear that it was brought fonvard for the purpose of gaining over the unwary & waver ing. It has never been admitted by the writers in favor of the treaty to the northward. Its author was disappointed however. Upon a division the vote stood 100 to 50. After the question Charles Lee brought forward a motion of compliment to the P. It was of most uncommon length which was undoubtedly intended to puzzle : & the word ' wisdom ' in expressing the confidence of the House in the P. was so artfully introduced that if the fraudulent design had not been detected in time the vote ofthe House, as to its effect upon the P. would have been entirely done away. A resolution so worded as to acquit the P. of all evil intention, but at the same time silently censuring his error, was passed by a majority of 33. 89 to 56. ' ' Some of the warmest of the victorious party talk of bringing forward a mo tion for a vote of applause to S. T. Mason. But the more moderate say their ^triumph is sufficient, & it is supposed this will be dropped." 38 THE WRITINGS OF [1795 His lax lounging manners have made him popular with the bulk of the people of Richmond, & a pro found hypocrisy with many thinking men of our coun try. But having come forth in the plenitude of his English principles the latter will see that it Is high time to make him known. His doctrine that the whole commercial part of the treaty (& he might have added the whole unconstitutional part of it) rests in the power of the H. of R. is certainly the true doctrine -, & as the articles which stipulate what requires the consent of the three branches of the legislature, must be referred to the H. of R. for their concurrence, so they, being free agents, may approve or reject them, either by a vote declaring that, or by refusing to pass acts. I should think the former mode the most safe & honorable. The people in this part of the country continue very firmly disposed against the treaty. I imagine the 50. negative votes comprehend the whole force of the Alexandrian party & the bigots & passive obedience men of the whole state who have got them selves into the legislature. I observe an expression in Randolph's printed secret intimating that the Presi dent, tho' an honest man himself, may be circumvented. by snares & artifices, & is in fact surrounded by men who wish to clothe the Executive with more than con stitutional powers. This when public, will make great impression. It is not only a truth, but a truth levelled to every capacity & will justify to themselves the most zealous votaries, for ceasing to repose the un limited confidence they have done in the measures which have been pursued. Communicate the enclosed 1795] THOMAS JEFFERSON. 39 paper, if you please, to Mr. Giles. Our autumn is fine. The weather mild & intermixed with moderate rains at proper intervals. No ice yet, & not much frost. Adieu. TO EDWARD RUTLEDGE.^ MONTICELLO Nov 30. 95. My Dear Sir, — I received your favor of Oct. 12 by your son, who has been kind enough to visit me here, and from whose visit I have received all that pleasure which I do from whatever comes from you, and especially from a subject so deservedly dear to you. He found me in a retirement I doat on, living like an Antediluvian patriarch among my chil dren & grand children, and tilling my soil. As he had lately come from Philadelphia, Boston &c he was able to give me a great deal of information of what is passing in the world & I pestered him with ques tions pretty much as our friends Lynch, Nelson &c will us when we step across the Styx, for they will wish to hear what has been passing above ground since they left us. You hope I have not abandoned entirely the service of our country. After a five & twenty years continual employment in it, I trust it will be thought I have fulfilled my tour, like a punctual soldier, and may claim my discharge. But I am glad of the sentiment from you my friend, because it gives a hope you will practice what you preach, and come forward in aid of the public vessel. I will not ' From the original in the Historical Society of Pennsylvania. 40 THE WRITINGS OF [1795 admit your old excuse, that you are in public service tho' at home. The campaigns which are fought in a man's own house are not to be counted. The present situation of the President, unable to get the offices filled, really calls with uncommon obligation on those whom nature has fitted for them. I join with you in thinking the treaty an execrable thing. But both negotiators must have understood that as there were articles in It which could not be carried into execu tion without the aid of the legislatures on both sides, that therefore it must be referred to them, and that these legislatures being free agents would not give it their support if they disapproved of it. I trust the popular branch of our legislature will disapprove of it, and thus rid us of this infamous act, which Is really nothing more than a treaty of alliance between Eng land & the Anglomen of this country against the legislature & people of the United States. — I told your son I had long had it in contemplation to write to you for half a dozen sour orange trees, of a proper size for small boxes, as they abound with you. The only trouble they would give would be the putting them Into boxes long enough before sending them for them to take root, & when rooted to put them into some vessel coming direct to Richmond to the care of mr Daniel Hylton there. Your son Is kind enough to undertake the commission. With constant & unchanged affections I am my dear friend. 1795] THOMAS JEFFERSON. 41 TO WILLIAM BRANCH GILES.^ MONTICELLO Dec. 31. 95. Dear Sir, — Your favors of Dec. 15. & 20. came to hand by the last post. I am well pleased with the manner in which your house has testified their sense of the treaty. While their refusal to pass the original clause of the reported answer proved their condemna tion of it, the contrivance to let it disappear silently respected appearances in favor of the President, who errs as other men do, but errs with integrity. Randolph seems to have hit upon the true theory of our constitution, that when a treaty Is made, involv ing matters confided by the constitution to the three branches of the legislature conjointly, the representa tives are as free as the President & Senate were to consider whether the national interest requires or forbids their giving the forms & force of law to the articles over which they have a power. — I thank you much for the pamphlet — his narrative is so straight & plain, that even those who did not know him will acquit him of the charge of bribery ; those who knew him had done it from the first. Tho' he mistakes his own political character in the aggregate, yet he gives it to you in the detail. Thus he supposes himself a man of no party (page 97,) that his opinions not con taining any systematic adherence to party, fall some times on one side and sometimes on the other, (pa. 58.) Yet he gives you these facts, which shew that they fall generally on both sides, & are complete in consistencies — I. He never gave an opinion in the ¦ From a copy courteously furnished by Dr. J. S. H. Fogg, of Boston. 42 THE WRITINGS OF [1795 Cabinet against the rights of the people (pa. 97.) yet he advised the denunciation of the popular societies. (67.) 2. He would not neglect the over tures of a commercial treaty with France (79) yet he always opposed it while atty-general, and never seems to have proposed it while Secretary of State. 3. He concurs in resorting to the militia to quell the pretended insurrection in the west (81.) and pro poses an augmentation from 12.500 to 15.000 to march against men at their ploughs, (pa. 80.) yet on the 5* of Aug. he is against their marching (83. Id.) and on the 25'.'' of Aug. he is for it. (84.) 4. He concurs In the measure of a mission extraordinary to London (as inferred from pa. 58.) but objects to the men, to wit Hamilton & Jay (58.) 5. He was against granting commercial powers to Mr. Jay (58.) yet he besieged the doors of the Senate to pro cure their advice to ratify. — 6. He advises the Presi dent to a ratification on the merits of the treaty ( — 7-) but to a suspension till the provision order is repealed. (98.) The fact is that he has generally given his principles to the one party & his practice to the other ; the oyster to one, the shell to the other. Unfortunately the shell was generally the lot of his friends the French and republicans, & the oyster of their antagonists. Had he been firm to the principles he professes in the year 1 793. the President would have been kept from a habitual concert with the British & Antlrepublican party, but at that time I do not know which R. feared most, a British fleet, or French disorganisers. Whether his conduct is to be 1795] THOMAS JEFFERSON. 43 ascribed to a superior view of things, an adherence to right without regard to party, as he pretends, or to an anxiety to trim between both, those who know his character and capacity will decide. Were parties here divided merely by a greediness for office, as in England, to take a part with either would be un worthy of a reasonable or moral man, but where the principle of difference is as substantial and as strongly pronounced as between the republicans & the Mono crats of our country, I hold it as honorable to take a firm & decided part, and as immoral to pursue a middle line, as between the parties of Honest men, & Rogues, into which every country is divided. A copy of the pamphlet came by this post to Char lottesville. I suppose we shall be able to judge soon what kind of impression it is likely to make. It has been a great treat to me, as it is a continuation of that Cabinet history with the former part of which I was intimate. I remark in the reply of the President a small travestie of the sentiment contained in the answer of the Representatives. They acknowlege that he has contributed a great share to the national happiness by his services. He thanks them for ascribing to his agency a great share of those benefits. The former keeps in view the co-operation of others. towards the public good, the latter presents to view his sole agency. At a time when there would have been less anxiety to publish to the people a strong ap probation from your house, this strengthening of your expression would not have been noticed. Our atten tions have been so absorbed by the first manifesta- 44 THE WRITINGS OF [1796 tions of the sentiments of your house, that we have lost sight of our own legislature : insomuch that I do not know whether they are sitting or not. The rejection of Mr. Rutledge by the Senate is a bold thing, because they cannot pretend any objec tion to him but his disapprobation of the treaty. It is of course a declaration that they will receive none but tones hereafter Into any department of the gov ernment. I should not wonder if Monroe were to be recalled under the idea of his being of the partisans of France, whom the President cpnslders as the parti sans of war & confusion in his letter of July 31, and as disposed to excite them to hostile measures, or at least to unfriendly sentiments. A most infatuated blindness to the true character of the sentiments en tertained In favor of France. The bottom of my page warns me that it Is time to end my commentaries on the facts you have furnished me. You would of course however wish to know the sensations here on those facts. My friendly re.spects to Mrs. Madison, to whom the next week's dose will be directed. Adieu affectionately. NOTES ON PROFESSOR EBELING'S LETTER OF JULY 30, 95.' Professor Ebeling mentioning the persons in America from whom he derives information for his work, it may be useful for him to knovsr how far he may rely on their authority. President Stiles, an excellent man, of very great learning, but remarkable for his credulity. ' Undated, but probably written late in 1795, Cliristoph Daniel Ebeling was at this time preparing his " Biography and History of North America.'' I79S] THOMAS JEFFERSON. 45 Dr. Willard. 1 All these are men of respectable characters Dr. Barton '. worthy of confidence as to any facts they Dr. Ramsay 1' may state, and rendered, by their good sense, Mr. Barlow J good judges of them. \ Good authorities for whatever relates to the Mr. Morse. I Eastern states, & perhaps as far South as the Mr. Webster. ) Delaware. But South of that their information is worse than none at all, except as far as they quote good authorities. They both I believe took a single journey through the Southern parts, merely to acquire the right of being considered as eye-witnesses. But to pass once along a public road thro' a country, & in one direction only, to put up at it's taverns, and get into conversation with the idle, drunken individuals who pass their time lounging in these taverns, is not the way to know a country, it's inhabitants, or manners. To generalize a whole nation from these specimens is not the sort of information which Professor Ebeling would wish to compose his work from. Fenno's Gazette of the U. S. 1 To form a just judgment of a Webster's Minerva. \ country from it's newspapers Columbian centinel. J the character of these papers should be known, in order that proper allowances & corrections may be used. This will require a long explanation, without which, these particular papers would give a foreigner a very false view of American affairs. The people of America, before the revolution-war, being at tached to England, had taken up, without examination, the Eng lish ideas of the superiority of their constitution over every thing of the kind which ever had been or ever would be tried. The revolution forced them to consider the subject for themselves, and the result was an universal conversion to republicanism. Those who did not come over to this opinion, either left us, & were called Refugees, or staid with us under the name of tones ; & some, preferring profit to principle took side with us and floated with the general tide. Our first federal constitution, or confederation as it was called, was framed in the first moments of our separation from England, in the highest point of our jeal- 46 THE WRITINGS OF [1795 ousies of independance as to her & as to each other. It formed therefore too weak a bond to produce an union of action as to foreign nations. This appeared at once on the establishment of peace, when the pressure of a common enemy which had hooped us together during the war, was taken away. Congress was found to be quite unable to point the action of the several states to a common object. A general desire therefore took place of amending the federal constitution. This was opposed by some of those who wished for monarchy to wit, the Refugees now returned, the old tories, & the timid whigs who prefer tranquility to freedom, hoping monarchy might be the remedy if a state of complete anarchy could be brought on. A Convention however being decided on, some of the monocrats got elected, with a hope of introducing an English constitution, when they found that the great body of the delegates were strongly for adhering to republicanism, & for giving due strength to their government under that form, they then directed their efforts to the assimilation of all the parts of the new government to the English constitution as nearly as was attainable. In this they were not altogether without success ; in somuch that the monarchical features of the new constitution pro duced a violent opposition to it from the most zealous republicans in the several states. For this reason, & because they also thought it carried the principle of a consolidation of the states farther than was requisite for the purpose of producing an union of action as to foreign powers, it is still doubted by some whether a majority of the people of the U. S. were not against adopting it. However it was carried through all the assemblies of the states, tho' by very small majorities in the largest states. The incon veniences of an inefficient government, driving the people as is usual, into the opposite extreme, the elections to the first Congress run very much in favor of those who were known to favor a very strong government. Hence the anti-republicans appeared a con siderable majority in both houses of Congress. They pressed for ward the plan therefore of strengthening all the features of the government which gave it resemblance to an English constitution of adopting the English forms & principles of administration, and of forming like them a monied interest, by means of a funding 1795] THOMAS JEFFERSON. 47 system, not calculated to pay the public debt, but to render it perpetual, and to make it an engine in the hands of the executive I)ranch of government which, added to the great patronage it pos. sessed in the disposal of public offices, might enable it to assume by degrees a kingly authority. The biennial period of Congress being too short to betray to the people, spread over this great continent, this train of things during the first Congress, little change was made in the members to the second. But in the mean time two very distinct parties had formed in Congress ; and before the third election, the people in general became apprised of the game which was playing for drawing over them a kind of government which they never had in contemplation. At the 3d. election therefore a decided majority of Republicans were sent to the lower house of Congress ; and as information spread still farther among the people after the 4th. election the anti-republi cans have become a weak minority. But the members of the Senate being changed but once in 6. years, the completion of that body will be much slower in it's assimilation to that of the people. This will account for the differences which may appear in the proceedings & spirit of the two houses. Still however it is inev itable that the Senate will at length be formed to the republican model of the people, & the two houses of the legislature, once brought to act on the true principles of the Constitution, backed by the people, will be able to defeat the plan of sliding us into monarchy, & to keep the Executive within Republican bounds, notwithstanding the immense patronage it possesses in the dis posal of public offices, notwithstanding it has been able to draw into this vortex the judiciary branch of the government & by their expectancy of sharing the other offices in the Executive gift to make them auxiliary to the Executive in all it's views instead of forming a balance between that & the legislature as it was orrigi- nally intended and notwithstanding the funding phalanx which a respect for public faith must protect, tho it was engaged by false brethren. Two parties then do exist within the U. S. they embrace respectively the following descriptions of persons. The Anti-republicans consist of I. The old refugees & tories. 2. British merchants residing among us, & composing the main body of our merchants. 48 THE WRITINGS OF [1795 3. American merchants trading on British capital. Another great portion. 4. Speculators & Holders in the banks & public funds. 5. Officers of the federal government with some exceptions. 6. Office-hunters, willing to give up principles for places. A numerous & noisy tribe. 7. Nervous persons, whose languid fibres have more analogy with a passive than active state of things. The Republican part of our Union comprehends I. The entire body of landholders throughout the United States. 2. The body of labourers, not being landholders, whether in husbanding or the arts. The latter is to the aggregate of the former party probably as 500 to one ; but their wealth is not as disproportionate, tho' it is also greatly superior, and is in truth the foundation of that of their antagonists. Trifling as are the numbers of the Anti- republican party, there are circumstances which give them an appearance of strength & numbers. They all live in cities, together, & can act in a body readily & at all times ; they give chief employment to the newspapers, & therefore have most of them under their command. The Agricultural interest is dis persed over a great extent of country, have little means of inter communication with each other, and feeling their own strength & will, are conscious that a single exertion of these will at any time crush the machinations against their government. As in the commerce of human life, there are commodities adapted to every demand, so there are newspapers adapted to the Antlrepublican palate, and others to the Republican. Of the former class are the Columbian Centinel, the Hartford newspaper, Webster's Minerva, Fenno's Gazette of the U. S., Davies's Richmond paper &c. Of the latter are Adams's Boston paper, Greenleaf's of New York, Freneau's of New Jersey, Bache's of Philadelphia, Pleas- ant's of Virginia &c. Pleasant's paper comes out twice a week, Greenleaf's & Freneau's once a week, Bache's daily. I do not know how often Adam's. I shall according to your desire endeavor to get Pleasant's for you for 1794, & 95. and will have it forwarded through 96 from time to time to your correspondent at Baltimore. 1796] THOMAS JEFFERSON. 49 While on the subject of authorities and information, the follow ing works are recommended to Professor Ebeling. Minot's history of the insurrection in Massachusetts in 1786. 8™ Mazzei. Recherches historiques et politiques sur les E. U. de I'Amerique. 4 vol. 8'.° This is to be had from Paris. The author is an exact man. The article ' Etats Unis de I'Amerique ' in the Dictionnaire d'Economie politique et diplomatique, de I'Encyclopedie metho- dique. This article occupies about 90. pages, is by De Meusnier, and his materials were worthy of confidence, except so far as they were taken from the Abb^ Raynal. Against these effusions of an imagination in delirio it is presumed Professor Ebeling needs not be put on his guard. The earlier editions of the Abbe Raynal's work were equally bad as to both South & North America. A gentleman however of perfect information as to South America, undertook to reform that part of the work, and his changes & additions were for the most part adopted by the Abb6 in his latter editions. But the North-American part remains in it's original state of worthlessness. TO ARCHIBALD STUART.^ MONTICELLO, Jan. 3, '96. Dear Sir, — I troubled you once before on the subject of my nails, and must trouble you once more, but hope my present plan will protect you from all further embarrasment with it. I set out with refus ing to retail, expecting the merchants of my neigh borhood and the upper country would have given a preference to my supplies, because delivered here at the Richmond wholesale prices, and at hand to be called for in small parcels, so that they need not to ' From the original in the possession of the Virginia Historical Society. 50 THE WRITINGS OF [1796 keep large sums invested in that article & lying dead on their hands. The Importing merchants how ever decline taking them from a principle of suppress ing every effort towards domestic manufacture, & the merchants who purchase here being much under the influence of the importers, take their nails from them with their other goods. I have determined therefore to establish deposits of my nails to be retailed at Mil ton, Charlottesville, Staunton, Worm ester, & War ren, but first at the three first places, because I presume my present works, which turn out a ton a month, will fully furnish them, and two additional fires which will be at work in a short time, will raise it to a ton and a half a month, and enable me to ex tend my supplies to Wormester & Warren. I shall retail at Richmond wholesale prices, laying on 5 per cent at Milton & Charlottesville for commission to the retailers, and 10. percent at the other places for commission & transportation. My present retailing prices at Staunton would be Sixes I2|'5 per lb. equal to 7/3^ per M EightsTens ii^^ Twelves 11* Sixteens \q\^ Twenties 10'' equal to 10/ equal to 12/5^ equal to 14/8 equal to 17/6 equal to 20/10 It Is tolerably certain that the moment my deposit opens there will be an entire stoppage to the sale of all imported nails, for a body can retail them in the upper country at the Richmond wholesale prices, ad vanced only 5 or 10 percent, and as I mean to employ 1796] THOMAS JEFFERSON. 51 only one person in each place to retail, it will be of some advantage to the merchant who will undertake it, to have the entire monopoly of the nail business, & so draw to his store every one who wants nails, besides the commission of 5 percent, which in an article to be sold for ready money only, and where he does not employ a farthing of his own capital, I am advised is a sufficient allowance for commission. I should expect them to send me a copy of their sales once a month, and to hold the proceeds ready for my draughts at stated periods, say monthly. I trouble you to engage some person whom you can recom mend for punctuality, to retail for me. I heard very favorable accounts of a Mr. Stuart, merch! of Staun ton, & should not hesitate to prefer him if he will undertake it. If not, pray do me the favor to find some other. I have written you the details, not that you need trouble yourself with explaining them to any person but that you may put this letter into his hands. As soon as you will name to me the person you engage I will send him an assortment of nails by the first waggons which will take them in. — Will you be so good as to procure for me a good bearskin, dressed, with a soft skin & the hair on. Dr. John son will on your application be so good as to pay for it, and take credit on his account with me. My re spectful salutations to Mrs. Stuart, and assurances of attachment to yourself from yours affectionately. 52 THE WRITINGS OF [1796 TO GEORGE WYTHE. j. mss. MONTICELLO, January 16, 1796. In my letter which accompanied the box containing my collection of Printed laws, I promised to send you by post a statement of the contents of the box. On taking up the subject I found it better to take a more general view of the whole of the laws I possess, as well Manuscript as printed, as also of those which I do not possess, and suppose to be no longer extant. This general view you will have in the enclosed paper, whereof the articles stated to be printed constitute the contents of the box I sent you. Those in MS. were not sent, because not supposed to have been within your view, and because some of them will not bear removal, being so rotten, that in turning over a leaf it sometimes falls into powder. These I preserve by wrapping & sewing them up in oiled cloth, so that neither air nor moisture can have access to them. Very early in the course of my researches into the laws of Virginia, I observed that many of them were already lost, and many more on the point of being lost, as existing only in single copies in the hands of careful or curious individuals, on whose death they would probably be used for waste paper. I set my self therefore to work, to collect all which were then existing, in order that when the day should come in which the public should advert to the magnitude of their loss in these precious monuments of our prop erty, and our history, a part of their regret might be spared by information that a portion has been saved from the wreck, which is worthy of their attention & 1796] THOMAS JEFFERSON. 53 preservation. In searching after these remains, I spared neither time, trouble, nor expense ; and am of opinion that scarcely any law escaped me, which was in being as late as the year 1778 in the middle or Southern parts of the State. In the Northern parts, perhaps something might still be found. In the clerk's office In the antient counties, some of these MS. copies of the laws may possibly still exist, which used to be furnished at the public expense to every county, before the use of the press was introduced ; and In the same places, and in the hands of antient magistrates or of their families, some of the fugitive sheets of the laws of separate sessions, which have been usually distributed since the practice commenced of printing them. But recurring to what we actually possess, the question is, what means will be the most effectual for preserving these remains from future loss ? All the care I can take of them, will not pre serve them from the worm, from the natural decay of the paper, from the accidents of fire, or those of re moval when it is necessary for any public purposes, as in the case of those now sent you. Our experi ence has proved to us that a single copy, or a few, de posited in MS. In the public offices, cannot be relied on for any great length of time. The ravages of fire and of ferocious enemies have had but too much part in producing the very loss we are now deploring. How many of the precious works of antiquity were lost while they were preserved only in manuscript ? Has there ever been one lost since the art of printing has rendered it practicable to multiply & disperse 54 THE WRITINGS OF [1796 copies ? This leads us then to the only means of preserving those remains of our laws now under con sideration, that is, a multiplication of printed copies. I think therefore that there should be printed at pub lic expense, an edition of all the laws ever passed by our legislatures which can now be found ; that a copy should be deposited in every public library in Amer ica, in the principal public offices within the State, and some perhaps in the most distinguished public libraries of Europe, and that the rest should be sold to individuals, towards reimbursing the expences of the edition. Nor do I think that this would be a voluminous work. The MSS. would probably fur nish matter for one printed volume in folio, would comprehend all the laws from 1624 to 1701, which period includes Purvis. My collection of Fugitive sheets forms, as we know, two volumes, and compre hends all the extant laws from 1734 to 1783 ; and the laws which can be gleaned up from the Revisals to supply the chasm between 1701 & 1734, with those from 1783 to the close of the present century, (by which term the work might be compleated,) would not be more than the matter of another volume. So that four volumes in folio, would give every law ever passed which is now extant ; whereas those who wish to possess as many of them as can be procured, must now buy the six folio volumes of Revisals, to wit, Pur vis & those of 1732, 1748, 1768, 1783, & 1794, and in all of them possess not one half of what they wish. What would be the expence of the edition I cannot say, nor how much would be reimbursed by the sales ; 1796] THOMAS JEFFERSON. 55 but I am sure it would be moderate, compared with the rates which the public have hitherto paid for printing their laws, provided a sufficient latitude be given as to printers & places. The first step would be to make out a single copy for the MSS., which would employ a clerk about a year or something more, to which expence about a fourth should be added for the collation of the MSS., which would employ 3. persons at a time about half a day, or a day in every week. As I have already spent more time in making myself acquainted with the contents & arrangement of these MSS. than any other person probably ever will, & their condition does not admit their removal to a distance, I will chearfully undertake the direction & superintendence of this work, if it can be done in the neighboring towns of Charlottesville or Milton, farther than which I could not undertake to go from home. For the residue of the work, my printed volumes might be delivered to the Printer. I have troubled you with these details, because you are in the place where they may be used for the pub lic service, if they admit of such use, & because the order of assembly, which you mention, shews they are sensible of the necessity of preserving such of these laws as relate to our landed property ; and a little further consideration will perhaps convince them that it is better to do the whole work once for all, than to be recurring to it by piece-meal, as particular parts of it shall be required, & that too perhaps when the materials shall be lost. You are the best judge of the weight of these observations, & of the mode of giving them any effect they may merit. Adieu affectionately. 56 THE WRITINGS OF [1796 TO JOHN ADAMS. j. mss. MONTICELLO Feb. 28. 96. I am to thank you my dear Sir for forwarding M. D'lvernois' book on the French Revolution. I re ceive everything with respect which comes from him. But it is on politics, a subject I never loved, & now hate. I will not promise therefore to read it thor oughly. I fear the oligarchical executive of the French will not do. We have always seen a small council get into cabals & quarrels, the more bitter & relentless the fewer they are. We saw this in our committee of the states ; & that they were from their bad passions, incapable of doing the business of their country. I think that for the prompt, clear & con sistent action so necessary in an executive, unity of person is necessary as with us. I am aware of the objection to this, that the office becoming more im portant may bring on serious discord in elections. In our country I think it will be long first ; not within our day, & we may safely trust to the wisdom of our successors the remedies of the evil to arise in theirs. Both experiments however are not fairly committed & the result will be seen. Never was a finer canvass presented to work on than our countrymen. All of them engaged in agriculture or the pursuits of honest industry independent in their circumstances, enlight ened as to their rights & firm in their habits of order & obedience to the laws. This I hope will be the age of experiments In government, & that their basis will be founded in principles of honesty, not of mere force. We have seen no instance of this since the 1796] THOMAS JEFFERSON. 57 days of the Roman republic, nor do we read of any before that. Either force or corruption has been the principle of every modern government, unless the Dutch perhaps be excepted, & I am not well enough informed to accept them absolutely. If ever the - morals of a people could be made the basis of their own government it is our case ; & who could propose to govern such a people by the corruption of a legis lature, before he could have one night of quiet sleep must convince himself that the human soul as well as body is mortal. I am glad to see that whatever grounds of apprehension may have appeared of a wish to govern us otherwise than on principles of reason & honesty, we are getting the better of them. I am sure from the honesty of your heart, you join me in detestation ofthe corruptions ofthe English govern ment, & that no man on earth is more incapable than yourself of seeing that copied among us, willingly. I have been among those who have feared the design to introduce it here, & it has been a strong reason with me for wishing there was an ocean of fire be tween that island and us. But away politics. I owe a letter to the Auditor on the subject of my accounts while a foreign minister, & he informs me yours hang on the same difficulties with mine. Be fore the present government there was a usage either practised on or understood which regulated our charges. This government has directed the future by a law. But this is not retrospective, & I cannot conceive why the treasury cannot settle accounts under the old Congress on the principles that body 58 THE WRITINGS OF [1796 acted on. I shall very shortly write to Mr. Harrison on this subject & if we cannot have it settled other wise I suppose we must apply to the Legislature. In this I will act in concert with you if you approve of it. Present my very affectionate respects to Mrs. Adams & be assured that no one more cordially esteems your virtues than, dear Sir, your sincere friend & servant TO JAMES MONROE. mon. mss. Mar. 2. 96. Dear Sir, — I wrote you two letters in the course of the last twelve months to wit May 26. & Sep. 6. 95. and have received from you those of Sep. 7. 94. & June 23. 95. neither of which were late enough to inform me if either of mine had got to hand. In those I gave you all the details public & private which my situation enabled me to do. In the last I asked the delivery of a note to Frouille for some books, particularly the sequel of the Encyclo pedia, come out since he last furnished me. I hope these have got to hand. The most remarkable political occurrence with us has been the treaty with England, of which no man in the U S. has had the effrontery to affirm that it was not a very bad one except A. H. under the sig nature of Camillus. It's most zealous defenders only pretended that It was better than war, as if war was not invited rather than avoided by unfounded de mands. I have never known the public pulse beat so full and in such universal union on any subject 1796] THOMAS JEFFERSON. 59 since the declaration of Independance, the House of representatives of the U. S. has manifested its disap probation of the treaty. We are yet to learn whether they will exercise their constitutional right of refusing the means which depend on them for carrying it into execution. Should they be induced to lend their hand to it it will be hard swallowing with their con stituents, but will be swallowed from the habits of order & obedience to the laws which so much dis tinguish our countrymen. The resignation or rather the removal of R. you will have learnt. His vindica tion bears hard on the executive in the opinions of this quarter, and tho' it clears him in their judgment of the charge of bribery, it does not give them high ideas of his wisdom or steadiness. The appointment of J. Rutledge to be C. J. seems to have been intended merely to establish a precedent against the descent of that office by seniority, and to keep five mouths al ways gaping for one sugar plumb : for it was Immedi ately negatived by the very votes which so implicitly concur with the will of the executive. I may consign the appointment of Chase to the bench to your own knolege of him & reflections. McHenry secty. at war, Charles Lee Atty Genl, with Pickering & Wol- cott by their devotion to genuine republicanism will show to our citizens on what principles alone they can expect to rise. The office of Secy, of State was offered to P. H. in order to draw him over & gain some popularity : but not till there was a moral cer tainty that he would not accept it. I presume you receive the newspapers, & will have seen the amend- 6o THE WRITINGS OF [1796 ments to the constitution proposed by the Virginia Assembly. Their reception by some of the other assemblies has been such as to call for the sacrifice of all feeling rather than ruffle the harmony so neces sary to the common good. The finances are said to have been left by the late financier in the utmost derangement, and his tools are urging the fund ing the new debts they have contracted. Thus pos terity is to be left to pay the ordinary expenses of our government in time of peace. As small news may escape the notice of your other correspondents, I shall give you what occurs to me. The James river canal is now conducted into the town of Richmond & full toll is exacted. 30. Doll, a share more however are necessary to complete it. The Patowmac & Norfolk canals are not in such forwardness. Mayo' bridge, nearly destroyed by a flood, is reestablished R. is settled again in Richmond in the business of the law. — Carter's lands on the back of yours & Mr Short's have got into the hands of one of the sons, Ned, who is coming to live on them. The price of wheat is 13/ here the bushel, & corn 20/ the barrel, and not to be had indeed at any price. I have been desirous of planting some fruit trees for you that they may be growing during your absence. But Mr Jones's visits to the neighborhood have been so rare & short that I have not had an opportunity of asking from him the inclosure & allotment of the piece of ground which seems proper for it. The season is now passing. Do not fail to send over the Abri- cot-peche. Bartram would receive & plant it, and 1796] THOMAS JEFFERSON. 6i then furnish new plants. — Deaths are Zane, & Thos. Pleasants of 4. Mile Creek. Mr Pendleton is also said to be all but gone. A remarkable marriage is that of Capt Alcock with the widow of Dr. Walker. Your brother and family well. Derieux living in Goochland under great sufferance, and hoping a renovation of the aid promised from his aunt. My sincere affections to Mrs Monroe & to yourself. Adieu. TO JAMES MADISON. **^°- '"^^• Mar. 6, 96. I wrote you Feb 21, since which I have reed yours of ^;he same day. Indeed, mine of that date related only to a single article in yours of Jan 31 & Feb 7. I do not at all wonder at the condition in which the finances of the U S are found. Ham's object from the beginning, was to throw them Into forms which should be utterly undecypherable. I ever said he did not understand their condition himself, nor was able to give a clear view of the excess of our debts beyond our credits, nor whether we were diminishing or in creasing the debt. My own opinion was, that from the commencemt of this government to the time I ceased to attend to the subject, we had been increasing our debt about a million of D. annually. If mr. Gallatin would undertake to reduce this chaos to order, pre sent us with a clear view of our finances, & put them into a form as simple as they will admit, he will merit immortal honor. The accounts of the U S ought to be, and may be made as simple as those of a common 62 THE WRITINGS OF [1796 farmer, and capable of being understood by common farmers. Disapproving, as I do, of the unjustifiable largess to the dau'r's of the C de Grasse, I will certainly not propose to rivet it by a second example on behalf of M. de Chastellux's son. It will only be done in the event of such a repetition of the precedent, as will give every one a right to share in the plunder. It is, indeed, surprising you have not yet received the British treaty in form. I presume you would never receive it were not your co-operation on it neces sary. But this will oblige the formal notification of it to you. I thank you for your information respecting Low- nes. There is one article still necessary to be known from mr Howell. Lownes began with credit of 90. days from the time of the departure of the nailrod from Philadelphia (not his delivery of it to the vessel ; for that makes a difference sometimes of many weeks) but he afterwards reduced it to 60. days. What would be mr. Howell's credits ? I know that credit in Vir ginia startle a merchant in Philadelphia ; but I pre sume that mr Howell could have confidence enough in me (tho not personally known to him) to make a trial, & govern himself afterwards according to the result, & to the punctuality with which he would re ceive his remittances. I wish to know this, tho I am not yet decided to drop Lownes, on account of his being a good man, & I like much to be in the hands of good men. There is great pleasure in unlimited confidence. My consumption has now advanced 1796] THOMAS JEFFERSON. 63 from 3. to 4. tons a quarter. I call for a quarter's supply at once, so that the last quarter's supply is al ways paid for before the next is called for, or at the very time. — The Spanish treaty will have some disa greeable features, seeds of chicanery & eternal broils, instead of peace & friendship. At a period not long before that, they had been ready to sign one giving us vastly more than we had ever contemplated ; par ticularly in our intercourse with their W. Indies. — I by no means think of declining the work we have spoken of On the contrary, I wish with ardor to begin it, since the change of form into which I pro pose to put it : the first ideas had always oppressed me from a consciousness of my want both of talents & materials to execute it. But it will be impossible for a year to come : and I am not certain whether, even after the present year, I shall not be obliged to put my farms under such direction as that I should be considered as not here as to them, while I should be here as to my papers. My salutations to mrs. Madison, friendly esteem to mr. Giles, Page, &c. P. S. Have you considered all the consequences of your proposition respecting post roads ? I view it as a source of boundless patronage to the executive, jobbing to members of Congress & their friends, and a bottomless abyss of public money. You will begin by only appropriating the surplus of the post office revenues ; but the other revenues will soon be called into their aid, and it will be a scene of eternal scramble among the members, who can get the most 64 THE WRITINGS OF [1796 money wasted in their State ; and they will always get most who are meanest. We have thought, hitherto, that the roads of a State could not be so well admin istered even by the State legislature as by the magis tracy of the county, on the spot. What will it be when a member of N H is to mark out a road for Georgia ? Does the power to establish post roads, given you by Congress, mean that you shall make the roads, or only select from those already made, those on which there shall be a post ? If the term be equivocal, (& I really do not think it so,) which is the safest construction ? That which permits a majority of Congress to go to cutting down mountains & bridging of rivers, or the other, which if too re stricted may refer it to the states for amendment, securing still due measure & proportion among us, and providing some means of information to the members of Congress tantamount to that ocular In spection, which, even in our county determinations, the magistrate finds cannot be supplied by any other evidence ? The fortification of harbors were liable to great objection. But national circumstances fur nished some color. In this case there is none. The roads of America are the best in the world except those of France & England. But does the state of our population, the extent of our internal commerce, the want of sea & river navigation, call for such ex pense on roads here, or are our means adequate to it ? Think of all this, and a great deal more which your good judgment will suggest, and pardon my freedom. 1796] THOMAS JEFFERSON. 65 TO WILLIAM B. GILES. J- '^==- MONTICELLO, Mar ig, 96. I know not when I have received greater satisfac tion than on reading the speech of Dr. Lieb, in the Pennsylvania Assembly. He calls himself a new member. I congratulate honest republicanism on such an acquisition, and promise myself much from a career which begins on such elevated ground. We are in suspense here to see the fate and effect of mr. Pitt's bill against democratic societies. I wish ex tremely to get at the true history of this effort to suppress freedom of meeting, speaking, writing and printing. Your acquaintance with Sedgwick will en able you to do it. Pray get from him the outlines of the bill he intended to have brought in for this pur pose. This will enable us to judge whether we have the merit of the invention ; whether we were really beforehand with the British minister on this subject ; whether he took his hint from our proposition, or whether the concurrence in the sentiment is merely the result of the general truth that great men will think alike and act alike, tho without intercommuni cation. I am serious in desiring extremely the out lines of the bill intended for us. From the debates on the subject of our seamen, I am afraid as much harm as good will be done by our endeavors to arm our seamen against impressments. It Is proposed I observe to register them & give them certificates of citizenship to protect them from foreign impressment. But these certificates will be lost in a thousand ways; a sailor will neglect to take his certificate ; he is wet 66 THE WRITINGS OF [1796 twenty times in a voyage ; if he goes ashore without, it, he is impressed ; if with it, he gets drunk, it is lost, stolen from him, taken from him, and then the want of it gives authority to impress, which does not exist now. After ten years' attention to the subject, I have never been able to devise anything effectual, but that the circumstance of an American bottom be made ipso facto, a protection for a number of seamen porportloned to her tonnage ; to oblige American captains when called on by foreign officers, to parade the men on deck, which would show whether they exceeded their own quota, and allow the foreign offi cers to send 2. or 3. persons aboard and hunt for any suspected to be concealed. This, mr. Pinckney was instructed to Insist upon with Great Britain ; to ac cept of nothing short of it ; and, most especially, not to agree that a certificate of citizenship should be re- quirable from our seamen ; because it would be made a ground for the authorized impressment of them. I am still satisfied that such a protection will place them in a worse situation than they are at present It is true, the British minister has not shown any dis position to accede to my proposition : but it was not totally rejected ; and if he still refuses, lay a duty of I d. sterling a yard on British oznabrigs, to make a fund for paying the expenses of the agents you are obliged to employ to seek out our suffering seamen. I congratulate you on the arrival of mr. Ames & the British treaty. The newspapers had said they would arrive together. We have had a fine winter. Wheat looks well. Corn is scarce and dear. 22/ here, 30/ 1796] THOMAS JEFFERSON. 67 in Amherst. Our blossoms are but just opening. I have begun the demolition of my house, and hope to get through its re-edification in the course of the summer. But do not let this discourage you from calling on us if you wander this way in the sum mer. We shall have the eye of a brick-kiln to poke you into, or an Octagon to air you In. Adieu affectionately. TO JAMES MONROE. mon. mss. MONTICELLO Mar. 21. 96. Dear Sir, — I wrote you on the 2? inst. and now take the liberty of troubling you in order to have the inclosed letter to Mr Gautler safely handed to him. I will thank you for information that it gets safely to hand, as it is of considerable importance to him, to the U S. to the state of Virginia, & to myself, by conveying to him the final arrangement of the accounts of Grand & Co. with all those parties. Mr Jones happened fortunately to come Into our neighborhood a few days after the date of my last, and ordered the proper ground to be inclosed & reserved for trees for you. My gardener is this day gone to plant such as we had, which will serve for a beginning. We shall engraft more for you this spring & plant them the next. The British treaty has been formally at length laid before Congress. All America is a tip-toe to see what the H. of Representatives will decide on it. We conceive the constitutional doctrine to be that tho' the P. & Senate have the general power of 68 THE WRITINGS OF [1796 making treaties yet whenever they include in a treaty matters confided by the constitution to the three branches of legislature, an act of legislation will be requisite to confirm these articles, and that the H. of Repr. as one branch of the legislature are perfectly free to pass the act or to refuse it, governing them selves by their own judgment whether it is for the good of their constituents to let the treaty go into effect or not. On the precedent now to be set will depend the future construction of our constitution, and whether the powers of legislation shall be trans ferred from the P. Senate & H. of R. to the P. Senate & Piarningo or any other Indian, Algerine or other chief It is fortunate that the first decision is to be in a case so palpably atrocious as to have been predetermined by all America. — The appolntm'"- of Elsworth C. J. and Chace one of the judges Is doubt less communicated to you. My friendly respects to mrs Monroe. Adieu affectionately. TO JAMES MADISON. mad. mss. Mar. 27, 96. Yours of the 13th is received. I am enchanted with mr. Gallatin's speech In Bache's paper of Mar. 14. It is worthy of being printed at the end of the Federalist, as the only rational commentary on the part of the constitution to which it relates. Not that there may not be objections, and difficult ones, to it, and which I shall be glad to see his answers to ; but if they are never answered, they are more easily to be gulped down than those which lie to the doc- 1796] THOMAS JEFFERSON. 69 trines of his opponents, which do in fact annihilate the whole of the powers given by the constitution to the legislature. According to the rule established by usage & common sense, of construing one part of the instrument by another, the objects on which the P & S may exclusively act by treaty are much reduced, but the field on which they may act with the sanction of the legislature, is large enough i^and I see no harm in rendering their sanction necessary, and not much harm in annihilating the whole treaty-making power, except as to making peace. If you decide in favor of your right to refuse co-operation in any case of treaty, I should wonder on what occasion it is to be used, if not on one where the rights, the interest, the honor & faith of our nation are so grossly sacrificed ; where a faction has entered Into a conspiracy with the ene mies of their country to chain down the legislature at the feet of both ; where the whole mass of your con stituents have condemned this work In the most unequivocal manner, and are looking to you as their last hope to save them from the effects of the avarice & corruption of the first agent, the revolutionary machinations of others, and the Incomprehensible acquiescence of the only honest man who has as sented to It. I wish that his honesty and his political errors may not furnish a second occasion to exclaim, "curse on his virtues, the 've undone his country." — Cold weather, mercury at 26. In the morning. Corn fallen at Richmond to 20/ — stationary here ; Nicholas sure of his election ; R. Jouett and Jo. Monroe in competition for the other vote of the county. Affec tions to mrs. M. and yourself Adieu. 70 THE WRITINGS OF [1796 TO JAMES MADISON. mad. mss. Apr. 17, 1796. Dear Sir, — Yours of the 4th came to hand the day before yesterday. I have turned to the Conven tional history, and enclose you an exact copy of what is there on the subject you mentioned. I have also turned to my own papers, & send you some things extracted from them, which shew that the recollection of the P has not been accurate, when he supposed his own opinion to have been uniformly that declared in his answer of Mar 30. The records of the Senate will vouch for this. * * * Extract, verbatim, from last f age but one &' the last page. " Mr. King suggested that the journals of the Convention should be either de stroyed, or deposited in the custody of the President. He thought, if suffered to be made public, a bad use would be made of them by those who would wish to prevent the adoption of the constitution. " Mr. Wilson preferred the 2d expedient. He had at one time liked the first best ; but as false suggestions may be propagated, it should not be made impos- possible to contradict them. " A question was then put on depositing the journals & other papers of the Convention In the hands of the President, on which N H, ay, M, ay, Ct, ay, N J, ay, Penna, ay, Del, ay, Md, no, Virga, ay, N C, ay, S C, ay, Georgia, ay. This negative of Maryland was occasioned by the language of the instructions to the Deputies of that state, which required them to report to the state the proceedings of the Convention. The President having asked what the Convention meant should be done with the journals, &c., whether copies were tobe allowed to the members, if ap plied for, it was resolved nem. con, ' that he retain the journals & other papers subject to the order of the Congress, if ever formed under the Constitution.' " The members then proceeded to sign the instrument, &c." " In the Senate, Feb i, 1791. " The commee, to whom was referred that part of the speech of the Prt of the U S, at the opening of the session, which relates to the commerce of the Mediterranean, & also the letter from the Secy of state, dated 20 Jan, 1 791, with the papers accompanying the same, reported : whereupon, "Resolved, that the Senate do advise & consent, that the Pr of the U S take 1796] THOMAS JEFFERSON, 71 such measures as he may think necessary for the redemption of the citizens of the U S, now in captivity at Algiers, provided the expense shall not exceed 40,000. Dolls, & also, that measures be taken to confirm the treaty now existing between the U S and the Emperor of Morocco." The above is a copy of a resoln of Senate, referred to me by the Pt, to prepare an answer to, and I find immediately following this, among my papers, a press copy, from an original written fairly in my own hand, ready for the P's signature, & to be given in to the Senate, the following answer : ' ' Gent of the Senate, — " I will proceed to take measures for the ransom of our citizens in captivity at Algiers, in conformity with your resoln of advice of the ist inst, so soon as the moneys necessary shall be appropriated by the Legislature, & shall be in readiness. " The recognition of our treaty vrith the new Emperor of Morocco requires also previous appropriation & provision. The importance of this last to the liberty & property of our citizens, induces me to urge it on your earliest attention." Tho' I have no memm. of the delivery of this to the Senate, yet I have not the least doubt it was given in to them, & will be found among their records. I find among my press copies, the following In my hand writing : " The committee to report, that the President does not think that circum stances will justify, in the present instance, his entering into absolute engage ments for the ransom of our captives in Algiers, nor calling for money from the treasury, nor raising it by loan, without previous authority from both branches of the legislature." "Apr 9, 1792." I do not recollect the occasion of the above paper with certainty ; but I think there was a comme ap pointed by the Senate to confer with the P on the 72 THE WRITINGS OF [1796 subject of the ransom, and to advise what is there declined, and that a member of the commee advising privately with me as to the report they were to make to the House, I minuted down the above, as the sub stance of what I conceived to be the proper report, after what had passed with the Prt, and gave the origi nal to the member, preserving the press copy. I think the member was either mr. Izard or mr. Butler, and have no doubt such a report will be found on the files of the Senate. On the 8th of May following, in consequence of questions proposed by the Prt to the Senate, they came to a resolution, on which a mission was founded. * * * TO PHILLIP MAZZEL J. MSS. MONTICELLO, Apr. 24, 1796. My Dear Friend, — Your letter of Oct. 26. 1795. is just received and gives me the first information that the bills forwarded for you to V. S. & H. of Amsterdam on V. Anderson for £z^-\7-\o\ & on George Barclay for ^70-8-6 both of London have been protested. I immediately write to the drawers to secure the money if still unpaid. I wonder I have never had a letter from our friends of Amsterdam on that subject as well as acknoleging the subsequent remittances. Of these I have apprised you by tripli cates, but for fear of miscarriage will just mention that on Sep. 8. I forwarded them Hodgden's bill on Robinson Saunderson & Rumney of Whitehaven for ^300. and Jan. 31. that of the same on the same for 1796] THOMAS JEFFERSON, 73 ;^ 1 3 7- 1 6-6 both received from mr. Blair for your stock sold out. I have now the pleasure to inform you that Dohrman has settled his account with you, has al lowed the New York damage of 20. per cent for the protest, & the New York interest of 7. per cent, and after deducting the partial payments for which he held receipts the balance was three thousand & eighty-seven dollars which sum he has paid into mr. Madison's hands & as he (mr. Madison) is now in Philadelphia, I have desired him to invest the money in good bills on Amsterdam & remit them to the V. Staphorsts & H. whom I consider as possessing your confidence as they do mine beyond any house In London. The pyracies of that nation lately ex tended from the sea to the debts due from them to other nations renders theirs an unsafe medium to do business through. I hope these remittances will place you at your ease & I will endeavor to exe cute your wishes as to the settlement of the other small matters you mention : tho' from them I expect little. E. R.^ is bankrupt, or tantamount to it. Our friend M. P.^ is embarrassed, having lately sold the fine lands he lives on, & being superlatively just & honorable I expect we may get whatever may be in his hands. Lomax is under greater difficulties with less means, so that I apprehend you have little more to expect from this country except the balance which will remain for Colle after deducting the little matter due to me, & what will be recovered by Anthony. This will be decided this summer. ' Edmund Randolph. ^ Mann Page. 74 THE WRITINGS OF [1796 I have written to you by triplicates with every re mittance I sent to the V. S. & H. & always recapitu lated in each letter the objects of the preceding ones. I enclosed in two of them some seeds of the squash as you desired. Send me in return some seeds of the winter vetch, I mean that kind which is sewn in autumn & stands thro the cold of winter, furnishing a crop of green fodder in March. Put a few seeds In every letter you may write to me. In England only the spring vetch can be had. Pray fail not In this. I have it greatly at heart.^ ' From this point begins the extract which is known as the " Mazzei letter." It originally appeared in a Florentine paper, from the Italian text was trans lated into French and printed in the Moniteur, and from that was retranslated into English, first appearing in America in The Minerva of May 14, 1797, as follows : ' ' Translated for the Minerva, from the Paris Monitor, of January sj. " Florence, January i, 1797. " From Mr. Jefferson, late Minister of the United States in France, and Secretary of the Department of Foreign Affairs, to a Citizen of Virginia. " This letter literally translated is addressed to M. Mazzei, author of Re searches, historical and political, upon the United States of America, now resi dent in Tuscany. ' Our political situation is prodigiously changed since you left us. Instead of that noble love of liberty, and that republican government, which carried us triumphantly thro the dangers of the war, an Anglo-Monarchio-Aristocratic party has arisen. Their avowed object is to impose on us the substance, as they have already given us the form, of the British government. Neverthe less, the principal body of our citizens remain faithful to republican principles. All our proprietors of lands are friendly to those principles, as also the mass of men of talents. We have against us (republicans) the Executive Power, the yudiciary Power, (two of the three branches of our government) all the officers of government, all who are seeking offices, all timid men who prefer the calm of despotism to the tempestuous sea of liberty, the British merchants and the Americans who trade on British capitals, the speculators, persons interested in the bank and the public funds. [Establishments invented with views of cor ruption, and to assimilate us to the British model in its corrupt parts.] 1796] THOMAS JEFFERSON. 75 The aspect of our politics has wonderfully changed since you left us. In place of that noble love of liberty, & republican government which carried us triumphantly thro' the war, an Anglican monarchical, & aristocratical party has sprung up, whose avowed ob ject is to draw over us the substance, as they have already done the forms, of the British government. The main body of our citizens, however, remain true to their republican principles ; the whole landed in terest is republican, and so is a great mass of talents. Against us are the Executive, the Judiciary, two out ' I should give you a fever, if I should name the apostates who have embraced these heresies ; men who were Solomons in council, and Sampsons in combat, but whose hair has been cut off by the whore England. [In the original, par la catin Angleterre, probably alluding to the woman's cutting off the hair of Sampson and his loss of strength thereby.] ' They would wrest from us the liberty which we have obtained by so much labor and peril ; but we shall preserve it. Our mass of weight and riches is so powerful, that we have nothing to fear from any attempt against us by force. It is sufficient that we guard ourselves, and that we break the lilliputian ties by which they have bound us, in the first slumbers which succeeded our labors. It suffices that we arrest the progress of that system of ingratitude and injustice towards France, from which they would alienate us, to bring us under British influence, &c.' " Thus far the letter ; to which are subjoined, in the French paper, the fol lowing remarks : ' This interesting letter from one of the most virtuous and enlightened citi zens of the United States, explains the conduct of the Americans in regard to France. It is certain that of all the neutral and friendly powers, there is none from which France had a right to expect more interest and succours than from the United States. She is their true mother country, since she has assured to them their liberty and independence. Ungrateful children, instead of abandon ing her, they ought to have armed in her defense. But if imperious circumstan ces had prevented them from openly declaring for the Republic of France, they ought at least to have made demonstrations and excited apprehensions in England, that at some moment or other they should declare themselves. This fear alone would have been sufficient to force the cabinet of London to make peace. It is clear that a war with the United States would strike a terrible 76 THE WRITINGS OF [1796 of three branches of the legislature, all the officers of the government, all who want to be officers, all timid men who prefer the calm of despotism to the boisterous sea of liberty, British merchants & Ameri cans trading on British capitals, speculators & holders in the banks & public funds, a contrivance invented for the purposes of corruption, & for assimilating us in all things to the rotten as well as the sound parts of the British model. It would give you a fever were I to name to you the apostates who have gone over to these heresies, men who were Samsons in the field & Solomons In the council, but who have had their heads shorn by the harlot England. In short, we are likely to preserve the liberty we have obtained only blow at the commerce of the English, would give them uneasiness for the pre servation of their possessions on the American continent, and deprive them of the means of conquering the French and Dutch colonies. ' Equally ungrateful and impolitic, the Congress hastens to encourage the English, that they might pursue in tranquility their war of extermination against France and to invade the Colonies and the commerce of England.* They sent to London, a minister, Mr. Jay, known by his attachment to Eng land, and his personal relations to Lord GrenviUe, and he conducted suddenly a treaty of Commerce which united them with Great Britain, more than a treaty of alliance. ' Such a treaty, under all the peculiar circumstances, and by the consequences which it must produce, is an act of hostility against France, The French gov ernment in short has testified the resentment of the French nation, by breaking off communication with an ungrateful and faithless ally, until she shall return to a more just and benevolent conduct. Justice and sound policy equally approve this measure of the French government. There is no doubt it will give rise, in the United States, to discussions which may afford a triumph to the party of good republicans, the friends of France, ' Some writers in disapprobation of this wise and necessary measure of the directory, maintain that in the United States, the French have for partizans only certain demagogues who aim to overthrow the existing government. But * There seems to be a mistake in the original in this passsge, or we mistalce the construction. Translator. 1796] THOMAS JEFFERSON, 77 by unremitting labors & perils. But we shall pre serve them ; and our mass of weight & wealth on the good side is so great, as to leave no danger that force will ever be attempted against us. We have only to awake and snap the Lilliputian cords with which they have been entangling us during the first sleep which succeeded our labors. I will forward the testimonial of the death of mrs. Mazzei, which I can do the more incontrovertibly as she is burled in my grave yard, and I pass her grave daily. The formalities of the proof you require, will occasion delay. John Page & his son Mann are well. The father remarried to a lady from N. York. Beverley Randolph e la sua con- their imprudent falsehoods convince no one, and prove only what is too evident, that they use the liberty of the press, to serve the enemies of France.' " [The foregoing letter wears all the external marks of authenticity. And yet it seems hardly possible an American could be capable of writing such a letter. As the letter is circulating in Europe, we deem it just, if a forgery, to give Mr. Jefferson an opportunity to disavow it.] " Upon this publication in America, and Jefferson's failure to repudiate it, he was savagely attacked by the Federal press. He attempted no public explana tion or palliation, but to his friends {seepost,, letter to Madison, June 3, 1797) he sought to blame the translation for the stronger expressions, and many years later, in his letter to Van Buren (June 24, 1824) he tried to explain away the apparent allusions to Washington, even becoming insincere in his endeavors to prove that his references did not allude to his former chief. So far as this point is concerned, it is only necessary to note that the criticism on Washing ton in this letter is far less severe than Jefferson was writing to others in these years, and that Washington himself took the references so wholly to himself, that from the publication of this letter he ceased all correspondence and inter course with his former secretary. Nor is it probable that Jefferson's attempt to discredit the public version at the time was so much a repudiation of what he had written, as it was a political desire to avoid the unpopularity of being known as the critic of one whom he had himself to acknowledge had such personal popularity " that the people will support him in whatever he will do or will not do, without appealing to their own reason or to anything but their feelings toward him." 78 THE WRITINGS OF [1796 sorte living & well. Their only child married to the 2d of T. M. Randolph. The eldest son you know married my eldest daughter, is an able learned & worthy character, but kept down by ill health. They have two children & still live with me. My younger daughter well. Colo. Innis is well, & a true republi can still as are all those before named. Colo. Monroe is our M. P. at Paris a most worthy patriot & honest man. These are the persons you inquire after. I begin to feel the effects of age. My health has sud denly broke down, with symptoms which give me to believe I shall not have much to encounter of the tedium, vitcs. While it remains, however, my heart will be warm in it's friendships, and among these, will always foster the affection with which I am, dear Sir, your friend and servant. CONTRACT. J. MSB. This indenture made on the 12th day of May, 1796, between Thomas Jefferson of Virginia of the one part and Nicholas and Jacob Vanstaphorst and Hubbard of Amsterdam, bankers, of the other part, witnesseth that whereas the sd Thomas is indebted to them in the two sums of one thousand and four dollars fifty-four cents, and eight hundred and eighty-eight dollars sixty seven cents, making together eighteen hundred ninety three dollars twenty one cents for so much paid for him by them to the United States, for the purpose of securing the said whole sum last men tioned, to them, and in consideration that they will forbear to de mand by process in law one third of the sd sum & interest till July 1797, one other third & interest till July 1798. and one other third & interest till July 1799. And forthe further considn. of five shillings to him by them paid he the sd Thomas hath given granted & conveyed to the sd Nicolas and Jacob Van Staphorst 1796] THOMAS JEFFERSON. 79 & Hubbard the following slaves, to wit, Ned and Jenny his wife & Ned, Fanny, Dick, Gill & Scilla their children, Rachel & Nancy & Abraham her children, old Betty and Val. residing at the lands of the sd Thomas in Albermarle called Tufton, and Bagwell & Minerva his wife and Ursulla, and Mary and Virginia their children residing on his lands in Albermarle called Lago, in all seventeen, to have & to hold the sd slaves to the sd Nicholas & Jacob Van Staphorst & Hubbard their heirs exrs. & admrs Provided that if the sd Thomas shall pay to the sd. Nicholas & Jacob Van Staphorst & Hubbard one third of the sd debt & interest before July, 1797. one other third before July 1798. and one-third before July 1799. or if they should demand in law earlier paiment then these presents to be void. In witness whereof the sd Thomas hath set his hand and seal the day and year first above written. TO JAMES MONROE. '*°'^- '^^^• June 12, 1796. The dreadful misfortune of poor Derieux, who has lost his house & all it's contents by fire occasions the present letter to cover one from him to his aunt. I send It open for your perusal. Be so good as to seal & send it. I hope she will, if she has not done it already, send him some relief. I received only 3. weeks ago your favor of Nov. 18. It has been 5. months on it's way to me. The reason for engaging laborers to prepare for your buildings was then over. They are to be got only about the new year's day. To this is added that the plan you promised to send me is not come. It is perhaps not unfortunate that nothing was begun this year. Corn @ 25/ to 30/ a barrel would have rendered building this year extremely dear. It does so to me who had 8o THE WRITINGS OF [1796 engaged in It before that circumstance was foreseen. If your plan arrives, I will consult with Mr. Jones, and according to the result of our Consultation make preparations in the winter for the next year's work. Congress has risen. You will have seen by their proceedings the truth of what I always observed to you, that one man outweighs them all in influence over the people who have supported his judgment against their own & that of their representatives. Republicanism must lie on it's oars, resign the vessel to it's pilot, and themselves to the course he thinks best for them. — I had always conjectured, from such facts as I could get hold of, that our public debt was increasing about a million of dollars a year. You will see by Gallatin's speeches that the thing is proved. You will see further that we are compleatly saddled & bridled, & that the bank is so firmly mounted on us that we must go where they will guide. They openly publish a resolution that the national property being increased in value they must by an increase of circulating medium furnish an adequate representation of it, and by further additions of active capital pro mote the enterprises of our merchants. It is sup posed that the paper in circulation In and around Philadelphia amounts to 20. millions of Doll, and that in the whole union to 100. millions. I think the last too high. All the imported commodities are raised about 50 per cent, by the depreciation of the money. Tob? shares the rise because it has no competition abroad. Wheat has been extravagantly high from other causes. When these cease, it must fall to it's 1796] THOMAS JEFFERSON. 81 antient nominal price notwithstanding the deprecia tion of that, because it must contend at market with foreign wheats. Lands have risen within the notice of the papers, and as far out as that can influence. They are not risen at all here. On the contrary they are lower than they were 20. years ago. Those I had mentioned to you, to w^it. Carter's & Colle were sold before your letter came. Colle @ two dollars the acre. Carter's had been offered me for two French crowns (13/2). Mechanics here get from a dollar to a dollar & a half a day, yet are much worse off than at old prices. — Volney is with me at present. He is on his way to the Illinois. Some late appointments judiciary & diplomatic you will have heard and stared at. The death of R. Jouett Is the only small news in our neighborhood. Our best affections attend Mrs. Monroe, Eliza & yourself. TO GEORGE WASHINGTON. J. mss. MONTICELLO, June 19, 1796. Dear Sir, — In Bache's Aurora, of the 9th inst which came here by the last post, a paper appears, which, having been confided, as I presume, to but few hands, makes it truly wonderful how it should have got there. I cannot be satisfied as to my own part, till I relieve my mind by declaring, and I attest every thing sacred & honorable to the declaration, that it has got there neither thro' me nor the paper confided to me. This has never been from under my own lock & key, or out of my own hands. No mortal ever 82 THE WRITINGS OF [1796 knew from me, that these questions had been pro. posed. Perhaps I ought to except one person, who possesses all my confidence, as he has possessed yours. I do not remember. Indeed, that I communicated it even to him. But as I was in the habit of unlimited trust & council with him. It is possible I may have read It to him ; no more : for the quire of which it makes a part was never in any hand but my own, nor was a word ever copied or taken down from it, by any body. I take on myself, without fear, any divulgation on his part. We both know him incapable of it. From myself, then, or my paper, this publication has never been derived. I have formerly mentioned to you, that from a very early period of my life, I had laid it down as a rule of conduct, never to write a word for the public papers. From this, I have never departed in a single Instance ; & on a late occasion, when all the world seemed to be writing, besides a rigid adherence to my own rule, I can say with truth, that not a line for the press was ever communicated to me, by any other, except a single petition referred for my correction ; which I did not correct, however, though the contrary, as I have heard, was said in a public place, by one person through error, thro' malice by another. I learn that this last has thought it worth his while to try to sow tares between you & me, by representing me as still engaged in the bustle of poli tics, & in turbulence & intrigue against the govern ment. I never believed for a moment that this could make any impression on you, or that your knowledge of me would not overweigh the slander of an intriguer, 1796] THOMAS JEFFERSON. 83 dirtily employed in sifting the conversations of my table, where alone he could hear of me ; and seeking to atone for his sins against you by sins against another, who had never done him any other injury than that of declining his confidences. Political con versations I really dislike, & therefore avoid where I can without affectation. But when urged by others, I have never conceived that having been in public life requires me to belie my sentiments, or even to con ceal them. When I am led by conversation to express them, I do it with the same independence here which I have practiced everywhere, and which is inseparable from my nature. But enough of this miserable ter- giversator, who ought indeed either to have been of more truth, or less trusted by his country.^ While on the subject of papers, permit me to ask one from you. You remember the difference of opinion between Hamilton & Knox on the one part, & myself on the other, on the subject of firing on the little Sarah, and that we had exchanged opinions & reasons In writing. On your arrival in Philadelphia I delivered you a copy of my reasons, in the presence of Colo. Hamilton. On our withdrawing he told me he had been so much engaged that he had not been able to prepare a copy of his & General Knox's for you, and that if I would send you the one he had given me, he would replace it In a few days. I im mediately sent it to you, wishing you should see both sides of the subject together. I often after applied ' Here, in the margin of the copy, is written, apparently at a later date, " General H. Lee." 84 THE WRITINGS OF [1796 to both the gentlemen but could never obtain another copy. I have often thought of asking this one, or a copy of It, back from you, but have not be fore written on subjects of this kind to you. Tho I do not know that it will ever be of the least import ance to me, yet one loves to possess arms, tho they hope never to have occasion for them. They possess my paper in my own handwriting. It is just I should possess theirs. The only thing amiss is, that they should have left me to seek a return of the paper, or a copy of it, from you. I put away this disgusting dish of old fragments, & talk to you of my peas & clover. As to the latter article, I have great encouragement from the friendly nature of our soil. I think I have had, both the last & present year, as good clover from common grounds, which had brought several crops of wheat & corn without ever having been manured, as I ever saw on the lots around Philadelphia. I verily believe that a yield of 34. acres, sowed on wheat April was twelve month, has given me a ton to the acre at it's first cutting this spring. The stalks extended, measured 3I feet long very commonly. Another field, a year older, & which yielded as well the last year, has sensibly fallen off this year. My exhausted fields bring a clover not high enough for hay, but I hope to make seed from It. Such as these, however, I shall hereafter put into peas In the broadcast, pro posing that one of my sowings of wheat shall be after two years of clover, & the other after 2. years of peas. I am trying the white boiling pea of Europe (the Al- 1796] THOMAS JEFFERSON. 85 bany pea) this year, till I can get the hog pea of England, which is the most productive of all. But the true winter vetch is what we want extremely. I have tried this year the Caroline drill. It is abso lutely perfect. Nothing can be more simple, nor perform it's office more perfectly for a single row. I shall try to make one to sow four rows at a time of wheat or peas, at 1 2. inches distance. I have one of the Scotch threshing machines nearly finished. It is copied exactly from a model mr. Pinckney sent me, only that I have put the whole works (except the horse wheel) Into a single frame, movable from one field to another on the two axles of a wagon. It will be ready in time for the harvest which is coming on, which will give it a full trial. Our wheat and rye are generally fine, and the prices talked of bid fair to indemnify us for the poor crops of the two last years. I take the liberty of putting under your cover a letter to the son of the M. de la Fayette, not exactly, knowing where to direct to him. With very affectionate compliments to mrs. Wash ington, I have the honor to be, with great & sincere esteem & respect. Dear Sir, your most obedient & most humble servant. TO JONATHAN WILLIAMS. J- mss. MONTICELLO, July 3, 1796. Dear Sir, — I take shame to myself for having so long left unanswered your valuable favor on the sub ject of the mountains. But in truth, I am become 86 THE WRITINGS OF [1796 lazy to everything except agricultiire. The prepara tions for harvest, and the length of the harvest itself, which is not yet finished, would have excused the de lay however, at all times Sz: under all dispositions. I examined, with great satisfaction, your barometrical estimate of the heights of our mountains ; and with the more, as they corroborated conjectures on this subject which I had made before. My estimates had made them a little higher than yours (I speak of the blue ridge). Measuring with a very nice instrument the angle subtended vertically by the highest moun tain of the Blue ridge opposite to my own house, a distance of about 18. miles southwestward, I made the highest about 2000. f. as well as I remember, for I can no longer find the notes I made. You make the south side of the mountain near Rockfish gap, 1722. f. above Woods'. You make the other side of the mountain 767 f. Mr. Thomas Lewis dec'd, an accurate man, with a good quadrant, made the north side of the highest mountain opposite my house something more (I think) than 1000. f. ; but the mountain estimated by him & myself is probably higher than that next Rockfish gap. I do not re member from what principles I estimated the peaks of Otter at 4000. f. ; but some late observations of Judge Tucker's coincided very nearly with my esti mate. Your measures confirm another opinion of mine, that the blue ridge, on it's south side, is the highest ridge in our country compared with it's base. I think your observations on these mountains well worthy of being published, and hope you will not 1796] THOMAS JEFFERSON. 87 scruple to let them be communicated to the world. — You wish me to present to the Philosophical society the result of my philosophical researches since my retirement. But, my good Sir, I have made re searches into nothing but what is connected with agriculture. In this way, I have a little matter to communicate, and will do it ere long. It is the form of a mould-board of least resistance. I had some years ago conceived the principles of it, and I ex plained them to mr. Rittenhouse. I have since re duced the thing to practice, and have reason to believe the theory fully confirmed. I only wish for one of those instruments used in England for meas uring the force exerted in the draughts of different ploughs, &c., that I might compare the resistance of my mould-board with that of others. But these in struments are not to be had here. In a letter of this date to mr. Rittenhouse, I mention a discovery in animal history, very signal indeed, of which I shall lay before the society the best account I can, as soon as I shall have received some other materials which are collecting for me. I have seen, with extreme indignation, the blas phemies lately vended against the memory of the father of American philosophy. But his memory will be preserved and venerated as long as the thunders of heaven shall be heard or feared. With good wishes to all of his family, and senti ments of great respect & esteem for yourself, I am, dear Sir, your most obedient, and most humble servant. 88 THE WRITINGS OF [1796 TO JAMES MONROE. mon. mss. July 10. 96. Dear Sir, — Your brother received a letter from you a few days since in which he says you mention having received but two from me since you left us. I have not been a very troublesome correspondent to you, I acknoledge, but have written letters of the following dates to you, to wit 1794. Mar. 11. Apr. 24. — 1795. May 26. Sep. 6. — 1796 June 12. In this last I acknoleged the receipt of yours of Nov. 18. and mentioned that your plan was not yet come to hand, which with the difficulty & expence of getting labor ers at this season would prevent beginning your works till the new year. I have been in dally expectation of hearing of the arrival of Mr. Short, having no news from him since his leaving Madrid for Paris. I am often asked when you will return. My answer is when Eliza is 14. years old. Longer than that you will be too wise to stay. Till then I presume you will retain a post which the public good requires to be filled by a republican. I put under your cover some letters from M. de Liancourt. I wish the present government would permit his return. He is an honest man, sincerely attached to his Coun try, zealous against its enemies, and very desirous of being permitted to live retired in the bosom of his family. My sincere affection for his connections at Rocheguyon, and most especially for Madame D'an- ville would render it a peculiar felicity to me to be any ways instrumental in having him restored to them. I have no means however unless you can interpose 1796] THOMAS JEFFERSON. 89 without giving offence. If you can, I should be much pleased. The Campaign of Congress is closed, tho' the Anglomen have In the end got their treaty through, and so far have triumphed over the cause of republicanism. Yet it has been to them a dear bought victory. It has given the most radical shock to their party which it has ever received : and there is no doubt they would be glad to be replaced on the ground they possessed the instant before Jay's nomination extraordinary. They see that nothing can support them but the Colossus of the President's merits with the people, and the moment he retires, that his suc cessor. If a Monocrat, will be overborne by the republican sense of his Constitutents, if a republican he will of course give fair play to that sense, and lead things into the channel of harmony between the governors & governed. In the mean time, patience. — Among your neighbors there is nothing new. Mr. Rittenhouse is lately dead. Governor Brook has lost his lady. We have had the finest harvest ever known in this part of the country. Both the quantity & quality of our wheat are extraordinary. We got 1 5/ a bushel for the last crop, & hope two thirds of that at least for the present one — Most assiduous court is paid to P. H. He has been offered every thing which they knew he would not accept. Some impression Is thought to be made, but we do not believe it is radical. If they thought they could count on him they would run him for V. P. their first object being to produce a schism in this state. As it is they will run Mr. Pinckney, in which they 90 THE WRITINGS OF [1796 regard his southern position rather than his principles. Mr. J. and his advocate Camillus are compleatly treaty-foundered. We all join in love to Mrs. Monroe & Elvie, and accept for yourself assurances of sincere & affectionate friendship. Adieu. TO COLONEL JOHN STUART. j. mss. MONTICELLO, Nov. 10, I796. Dear Sir, — I have to acknolege the receipt of your last favor, together with the bones of the Great-claw, which accompanied it. My anxiety to obtain a thigh bone is such, that I defer communicating what we have to the Philosophical society, in the hope of adding that bone to the collection. We should then be able to fix the stature of the animal, without going into conjecture & calculation, as we should possess a whole limb, from the haunch bone to the claw inclusive. Whenever you announce to me that the recovery of a thigh bone is desperate, I shall make the communication to the Philosophical society. I think it happy that this incident will make known to them a person so worthy as yourself to be taken into their body, and without whose attention to these extraordinary remains, the world might have been deprived of the knowledge of them. I cannot, how ever, help believing that this animal, as well as the mammoth, are still existing. The annihilation of any species of existence, is so unexampled in any parts of the economy of nature which we see, that we have a right to conclude, as to the parts we do not see, that 1796] THOMAS JEFFERSON. 91 the probabilities against such annihilation are stronger than those for it. In hopes of hearing from you, as soon as you can form a conclusion satisfactory to yourself, that the thigh bone will or will not be recovered, I remain, with great respect & esteem, Dear Sir, your most obedient servant. TO JAMES MADISON. mad. mss. MONTICELLO, Dec. 17, 1796. Your favor of the 5 th came to hand last night. The first wish of my heart was, that you should have been proposed for the administration of the government. On your declining it, I wish any body rather than myself; and there is nothing I so anxiously hope, as that my name may come out either second or third. These would be indifferent to me ; as the last would leave me at home the whole year, & the other two-thirds of it. I have no expectation that the Eastern states will suffer themselves to be so much outwitted, as to be made the tools for bringing in P. instead of A. I presume they will throw away their second vote. In this case, it begins to appear possi ble, that there may be an equal division where I had supposed the republican vote would have been con siderably minor. It seems also possible, that the Representatives may be divided. This is a difficulty from which the constitution has provided no issue. It is both my duty & inclination, therefore, to relieve the embarrassment, should it happen ; and in that case, I pray you and authorize you fully, to solicit on 92 THE WRITINGS OF [1796 my behalf that mr. Adams may be preferred. He has always been my senior, from the commencement of my public life, and the expression of the public will being equal, this circumstance ought to give him the preference. And when so many motives will be operating to induce some of the members to change their vote, the addition of my wish may have some effect to preponderate the scale. I am really anxious to see the speech. It must exhibit a very different picture of our foreign affairs from that presented in the adieu, or it will little correspond with my views of them. I think they never wore so gloomy an aspect since the year 83. Let those come to the helm who think they can steer clear of the difficulties. I have no confidence in myself for the undertaking. We have had the severest weather ever known In November. The thermometer was at 12° here & in Goochland, & I suppose generally. It arrested my buildings very suddenly, when eight days more would have completed my walls, & permitted us to cover in. The drought is excessive. From the middle of October to the middle of December, not rain enough to lay the dust. A few days ago there fell a small rain, but the succeeding cold has probably prevented it from sprouting the grain sown during the drought Present me in friendly terms to Messrs. Giles, Venable, Page. Adieu affectionately. P. S. I enclose a letter for Volney because I do not know where to address to him. Pray send me Gallatin's view of the finances of the U. S. and Paine's Ire to the President if within the compass of a conveyance by post. 1796] THOMAS JEFFERSON 93 TO EDWARD RUTLEDGE. j. mss. MONTICELLO, Dec. 27, 1796. My Dear Sir, — * * * You have seen my name lately tacked to so much of eulogy & of abuse, that I dare say you hardly thought it meant your old acquaintance of '76. In truth, I did not know myself under the pens either of my friends or foes. It is unfortunate for our peace, that unmerited abuse wounds, while unmerited praise has not the power to heal. These are hard wages for the services of all the active & healthy years of one's life. I had retired after five & twenty years of constant occupation in public affairs, and total abandonment of my own. I retired much poorer than when I entered the public service, and desired nothing but rest & oblivion. My name, however, was again brought forward, without concert or expectation on my part ; (on my salvation I declare it.) I do not as yet know the result, as a matter of fact ; for in my retired canton we have nothing later from Philadelphia than of the 2d week of this month. Yet I have never one moment doubted the result. I knew it was impossible mr. Adams should lose a vote North of the Delaware, and that the free and moral agency of the South would furnish him an abundant supplement. On principles of public respect I should not have refused ; but I protest before my god, that I shall, from the bottom of my heart, rejoice at escaping. I know well that no man will ever bring out of that office the reputation which carries him into it. The honey moon would be as short in that case as in any other, & Its moments of extasy would be ransomed by years of torment & 94 THE WRITINGS OF [1796 hatred. I shall highly value, indeed, the share which I may have had in the late vote, as an evidence of the share I hold In the esteem of my countrymen. But in this point of view, a few votes more or less will be little sensible, and in every other, the minor will be preferred by me to the major vote. I have no am bition to govern men ; no passion which would lead me to delight to ride in a storm. Flumina amo, syl- vasque, inglorius. My attachment to my home has enabled me to make the calculation with rigor, per haps with partiality, to the issue which keeps me there. The newspapers will permit me to plant my corn, peas, &c., in hills or drills as I please (and my oranges, by-the-bye, when you send them), while our Eastern friend will be struggling with the storm which is gathering over us ; perhaps be shipwrecked in it. This is certainly not a moment to covet the helm. I have often doubted whether most to praise or to blame your line of conduct. If you had lent to your country the excellent talents you possess, on you would have fallen those torrents of abuse which have lately been poured forth on me. So far, I praise the wisdom which has descried & steered clear of a water-spout ahead. But now for the blame. There is a debt of service due from every man to his country, proportioned to the bounties which nature & fortune have measured to him. Counters will pay this from the poor of spirit ; but from you, my friend, coin was due. There is no bankrupt law in heaven, by which you may get off with shillings in the pound ; with rendering to a single State what you owed to the whole 1796] THOMAS JEFFERSON. 95 confederacy. I think it was by the Roman law that a father was denied sepulture, unless his son would pay his debts. Happy for you & us, that you have a son whom genius & education have qualified to pay yours. But as you have been a good father in everything else, be so in this also. Come forward & pay your own debts. Your friends, the mr. Pinckneys, have at length undertaken their tour. My joy at this would be complete if you were in gear with them. I love to see honest and honorable men at the helm, men who will not bend their politics to their purses, nor pursue measures by which they may profit, & then profit by their measures. Au diable les Bougres ! I am at the end of my curse and bottom of my page, so God bless you and yours. Adieu affectionately. TO JOHN ADAMS."- MONTICELLO, Dec. 28, 1796. Dear Sir, — The public & the papers have been much occupied lately in placing us in a point of opposition to each other. I trust with confidence that less of it has been felt by ourselves personally. In the retired canton where I am, I learn little of what is passing : pamphlets I see never : papers but a few ; and the fewer the happier. Our latest intelli gence from Philadelphia at present Is of the i6th inst. but tho' at that date your election to the first magistracy seems not to have been known as a fact, 1 From the original in the possession of Dr. Thomas Addis Emmet, of New York. 96 THE WRITINGS OF [1796 yet with me It has never been doubted. I knew It impossible you should lose a vote north of the Dela ware, and even if that of Pennsylvania should be against you In the mass, yet that you would get enough South of that to place your succession out of danger. I have never one single moment expected a different issue ; Sz; tho' I know I shall not be be lieved, yet It is not the less true that I have never wished it. My neighbors as my compurgators could aver that fact, because they see my occupations & my attachment to them. Indeed it is Impossible that you may be cheated of your succession by a trick worthy thei subtlety of your arch-friend of New York who has been able to make of your real friends tools to defeat their and your just wishes. Most probably he will be disappointed as to you ; and my inclinations place me out of his reach. I leave to others the sub lime delights of riding in the storm, better pleased with sound sleep and a warm birth below, with the society of neighbors, friends & fellow-laborers of the earth, than of spies & sycophants. No one then will congratulate you with purer disinterestedness than myself. The share indeed which I may have had in the late vote, I shall still value highly, as an evidence of the share I have in the esteem of my fellow citizens. But while in this point of view, a few votes less would be Httle sensible, the difference in the effect of a few more would be very sensible and oppressive to me. I have no ambition to govern men. It is a painful and thankless office. Since the day too on which you signed the treaty of Paris our 1797] THOMAS JEFFERSON. 97 horizon was never so overcast. I devoutly wish you may be able to shun for us this war by which our agriculture, commerce & credit will be destroyed. If you are, the glory will be all your own ; and that your administration may be filled with glory, and happiness to yourself and advantage to us is the sin cere wish of one who tho' in the course of our own voyage thro' life, various little incidents have hap pened or been contrived to separate us, retains still for you the solid esteem of the moments when we were working for our independence, and sentiments of respect & affectionate attachment.* ' statement by memory, of a letter I wrote to John Adams ; copy omitted to be retained. MONTICELLO, Dec. 28, 1796. Dear Sir, — The public, & the public papers, have been much occupied lately in placing us in a point of opposition to each other. I confidently trust we have felt less of it ourselves. In the retired canton where I live, we know little of what is passing. Pamphlets I see none : papers very few, & the fewer the happier. Our last information from Philada is of the i6th inst. At that date the issue of the late election seems not to have been known as a matter of fact. With me, however, its issue was never doubted. I knew the impossibility of your losing a single vote North of the Delaware ; and even if you should lose that of Pennsylva in the mass, you would get enough South of that to make your election sure. I never for a single moment expected any other issue ; & tho' I shall not be believed, yet it is not the less true, that I never wished any other. My neighbors, as my compurgators, could aver this fact, as seeing my occupations & my attachment to them. It is possible, indeed, that even you may be cheated of your succession by a trick worthy the subtlety of your arch friend of New York, who has been able to make of your real friends tools for defeating their & your just wishes. Probably, however, he will be disappointed as to you ; and my inclinations put me out of his reach. I leave to others the sublime delights of riding in the storm, better pleased with sound sleep & a warmer berth below it, encircled with the society of my neighbors, friends, & fellow laborers of the earth, rather than with spies & ^cophants. Still, I shall value highly the share I may have had in the late vote, as a measure of the share I hold in the esteem of my fellow cirizens. In this point of view, a few votes less are but litUe sensible, while a few more would have been in their VOL VII — 7 98 THE WRITINGS OF [1797 TO JAMES MADISON. mad. mss. Jan. I. 97. Yours of Dec. 19. has come safely. The event of the election has never been a matter of doubt In my mind. I knew that the Eastern states were disci plined in the schools of their town meetings to sacrifice differences of opinion to the great object of operating in phalanx, & that the more free & moral agency practiced in the other states would always make up the supplement of their weight. Indeed the vote comes much nearer an equality than I had expected. I know the difficulty of obtaining belief to one's declarations of a disinclination to honors, & that it Is greatest with those who still remain in the world. But no arguments were wanting to reconcile me to a relinquishment of the first office or acquiescence under the second. As to the first it was impossible that a more solid unwillingness settled on full calculation, could have existed in any man's mind, short of the degree of absolute refusal. The only view on which I would have gone into It for awhile was to put our vessel on her republican tack before she should be thrown too much to leeward of her true principles. As to the second, it Is the only office in the world about which I am unable to decide in my own mind effect very sensible & oppressive to me. I have no ambition to govern men. It is a painful and thankless office. And never since the day you signed the treaty of Paris, has our horizon been so overcast. I devoutly wish you may be able to shun for us this war, which will destroy our agriculture, commerce, & credit. If you do, the glory will be all your own. And that your administra tion may be filled with glory & happiness to yourself, & advantage to us, is the sincere prayer of one, who, tho' in the course of our voyage, various little in cidents have happened or been contrived to separate us, yet retains for you the solid esteem of the times when we were working for our independence, and sentiments of sincere respect & attachment. 1797] THOMAS JEFFERSON. 99 whether I had rather have it or not have it. Pride does not enter into the estimate ; for I think with the Romans that the general of today should be a soldier tomorrow if necessary. I can particularly have no feelings which would revolt at a secondary position to mr. Adams. I am his junior In life, was his junior in Congress, his junior in the diplomatic line, his junior lately in the civil government. Before the re ceipt of your letter I had written the enclosed one to him. I had intended it some time, but had deferred it from time to time under the discouragement of a despair of making him believe I could be sincere in it. The papers by the last post not rendering it necessary to change anything in the letter I enclose it open for your perusal, not only that you may possess the actual state of dispositions between us, but that if anything should render the delivery of it ineligible In your opinion, you may return it to me. If mr. Adams can be induced to administer the gov ernment on it's true principles, & to relinquish his bias to an English constitution, it is to be considered whether It would not be on the whole for the public good to come to a good understanding with him as to his future elections. He is perhaps the only sure barrier against Hamilton's getting in. Since my last I have received a packet of books & pamphlets, the choiceness of which testifies that they come from you. The incidents of Hamilton's insur rection is a curious work indeed. The hero of it exhibits himself in all the attitudes of a dexterous balance master. The Political progress is a work of value & of a loo THE WRITINGS OF [1797 singular complexion. The eye of the author seems to be a natural achromatic, which divests every object of the glare of colour. The preceding work under the same title had the same merit. One is disgusted indeed with the ulcerated state which it presents of the human mind : but to cure an ulcer we must go to its bottom : & no writer has ever done this more radically than this one. The reflections into which he leads one are not flattering to our species. In truth I do not recollect in all the animal kingdom a single species but man which is eternally & systematically engaged in the destruction of its own species. What is called civilization seems to have no other effect on him than to teach him to pursue the principle of bellum omnium in omnia on a larger scale, & in place of the little contests of tribe against tribe, to engage all the quarters of the earth in the same work of destruction. When we add to this that as to the other species of animals, the lions & tigers are mere lambs compared with man as a destroyer, we must conclude that it is in man alone that nature has been able to find a sufficient barrier against the too great multiplication of other animals & of man himself, an equilibriating power against the fecundity of generation. My situa tion points my views chiefly to his wars in the physi cal world : yours perhaps exhibit him as equally warring in the moral one. We both, I believe, join in wishing to see him softened. Adieu,* ' Statement from memory, of a letter I wrote to James Madison : copy omit ted to be retained. MONTICELLO, Jan. I, 97. Yours of Dec. 19 is safely received. I never entertained a doubt of the event of the election. I knew that the eastern troops were trained in the schools of 1797] THOMAS JEFFERSON. loi TO ARCHIBALD STUART.* MONTICELLO, Jan 4, 1797. Dear Sir, — In answer to your favor of Dec. 31. & to the question whether adviseable to address the President on the subject of war against France, I shall speak explicitly, because I know I may do it safely to you. Such is the popularity of the Presi dent that the people will support him in whatever he will do or will not do, without appealing to their own reason or to anything but their feelings toward him. His mind has been so long used to unlimited ap plause that it could not brook contradiction, or even their town meetings to sacrifice little differences of opinion to the solid advan tages of operating in phalanx, and that the more free and moral agency of the other States would fully supply their deficiency. I had no expectation, indeed, that the vote would have approached so near an equality. It is difficult to ob tain full credit to declarations of disinclination to honors, and most so with those who still remain in the world. But never was there a more solid unwil lingness, founded on rigorous calculation, formed in the mind of any man, short of peremptory refusal. No arguments, therefore, were necessary to reconcile me to a relinquishment of the first office, or acceptance of the second. No motive could have induced me to undertake the first, but that of pitting our vessel upon her republican tack, and preventing her being driven too far to leeward of her true principles. And the second is the only office in the world about which I cannot decide in my own mind, whether I had rather have it or not have it. Pride does not enter into the estimate. For I think with the Romans of old, that the General of to-day should be a common soldier to morrow, if necessary. But as to Mr. Adams, particularly, I could have no feelings which would revolt at being placed in a secondary station to him. I am his junior in life, I was his junior in Congress, his junior in the diplomatic line, and lately his junior in our civil government. I had written him the en closed letter before the receipt of yours. I had intended it for some time, but had put it off, from time to time, from the discouragement of despair to make him believe me sincere. As the information by the last post does not make it necessary to change anything in the letter, I enclose it open for your perusal, as well that you may be possessed of the true state of dispositions between us, as that if there be any circumstance which might render its delivery ineligible, ' From the original in the possession of the Virginia Historical Society. 102 THE WRITINGS OF [1797 advice offered unasked. To advice, when asked, he is very open. I have long thought therefore it was best for the republican interest to soothe him by flattering where they could approve his measures, & to be silent where they disapprove, that they may not render him desperate as to their affections, & entirely indifferent to their wishes, in short to lie on their oars while he remains at the helm, and let the bark drift as his will and a superintending providence shall direct. By his answer to the House of Representa tives on the subject of the French war, & also by private information, it seems he is earnest that the war should be avoided, & to have the credit of leav ing us in full peace. I think then it is best to leave you may return it to me. If Mr. Adams could be induced to administer the government on its true principles, quitting his bias for an English constitution, it would be worthy consideration whether it would not be for the public good, to come to a good understanding with him as to his future elections. He is the only sure barrier against Hamilton's getting in. . . , The Political Progress is a work of value and of a singular complexion. The author's eye seems to be a natural achromatic, divesting every object of the glare of color. The former work of the same title possessed the same kind of merit. They disgust one, indeed, by opening to his view the ulcerated state of the human mind. But to cure an ulcer you must go to the bottom of it, which no author does more radically than this. The reflections into which it leads us are not very flattering to the human species. In the whole animal kingdom I recollect no family but man, steadily and systematically employed in the de struction of itself. Nor does what is called civilization produce any other effect, than to teach him to pursue the principle of the bellum omnium in omnia on a greater scale, and instead of the little contest between tribe and tribe, to comprehend all the quarters of the earth in the same work of destruction. If to this we add, that as to other animals, the lions and tigers are mere lambs compared with man as a destroyer, we must conclude that nature has been able to find in man alone a sufficient barrier against the too great multiplication of other animals and of man himself, an equilibrating power against the fecundity of generation. While in making these observations, my situation points my attention to the warfare of man in the physical world, yours may perhaps present him as equally warring in the moral one. Adieu. Yours affectionately. 1797] THOMAS JEFFERSON. 103 him to his own movements, & not to risk the ruffling them by what he might deem an improper interference with the constituted authorities. The rather too be cause we do not hear of any movement in any other quarter concurrent with what you suggest, & because it would scarcely reach him before his departure from office. As to the President elect, there is reason to believe that he (Mr. Adams I mean) is detached from Hamilton, & there is a possibility he may swerve from his politics in a greater or less degree. Should the British faction attempt to urge him to the war by ad dresses of support with life & fortune, as may happen, it would then be adviseable to counteract their endeav ors by dissuasive addresses. At this moment therefore, at our distance from the scene of information & in fluence, I should think it most adviseable to be silent till we see what turn the new administration will take. At the same time I mix so little with the world, that my opinion merits less attention than anybody's else, and ought not to be weighed against your own good judgment. If therefore I have given it freely, it is because you have desired it, & not because I think it worth your notice. My information from Philadelphia confirms the opinion I gave you as to the event of the election. Mr. Adams will have a majority of three votes with respect to myself, & whether Mr. Pinckney will have a few more or less than him seems uncertain. The votes of N. H. R. I. and Vermont had not come in, nor those of Georgia & the two Western states. You shall receive a gong by the first conveyance. It is I04 THE WRITINGS OF [1797 but fair reciprocity to give me an opportunity of gratifying you sometimes, and to prove by accepting this, that my repeated intrusions on you have not been too troublesome. It is a great satisfaction to know that the object will be acceptable to you. With every wish for your happiness I am Dear Sir your affec tionate friend & servt. TO JAMES MADISON. mad. mss. Jan. 8 97. Yours of Dec. 25 is safely received. I much fear the issue of the present dispositions of France & Spain. Whether it be in war or in the suppression of our commerce it will be very distressing and our commerce seems to be already sufficiently distressed through the wrongs of the belligerent nations and our own follies. It was impossible the bank and paper- mania should not produce great & extensive ruin. The President is fortunate to get off just as the bub ble is bursting, leaving others to hold the bag. Yet, as his departure will mark the moment when the dif ficulties begin to work, you will see, that they will be ascribed to the new administration, and that he will have his usual good fortune of reaping credit from the good acts of others, and leaving to them that of his errors. — We apprehend our wheat is almost entirely killed : and many people are expecting to put some thing else in the ground. I have so little expectations from mine, that as much as I am an enemy to tobacco, I shall endeavor to make some for taxes and clothes. In the morning of the 23d of Dec. my thermometer 1797] THOMAS JEFFERSON. 105 was 5° below o, & the 24th it was at o. The last day of Dec. we had a snow i^ I. deep & the 4th of this month one of 3. I. deep which is still on the ground. Adieu affectionately. TO JAMES MADISON. mad. mss. MONTICELLO Jan. 16. 97. Dear Sir, — The usual accidents of the winter, ice, floods, rains, have prevented the Orange post from coming to Charlottesville the last post-day, so that we have nothing from Philadelphia the last week. I see however by the Richmond papers a probability that the choice of V. P. has fallen on me. I have written the enclosed letter therefore to Mr. Tazewell as a private friend, & have left it open for your perusal. It will explain its own object & I pray you & Mr. Tazewell to decide in your own discretion how it may best be used for its object, so as to avoid the imputa tion of an indecent forwardness in me. I observe doubts are still expressed as to the validity of the Vermont election. Surely in so great a case, substance & not form should prevail. I can not suppose that the Vermont constitution has been strict in requiring particular forms of expressing the legislative will. As far as my disclaimer may have any effect, I pray you to declare it on every occasion foreseen or not foreseen by me, in favor of the choice of the people substantially expressed, & to prevent the phaenomenon of a Pseudo-president at so early a day. Adieu. Yours affectionately. io6 THE WRITINGS OF [1797 TO HENRY TAZEWELL. j. mss. MONTICELLO, Jan 16, 1797. Dear Sir, — As far as the public papers are to be credited, I may suppose that the choice of Vice-presi dent has fallen on me. On this hypothesis I trouble you, and only pray, if it be wrong, that you will con sider this letter as not written. I believe It belongs to the Senate to notify the V P of his election. I recollect to have heard, that on the first election of President & Vice President, gentlemen of consider able office were sent to notify the parties chosen. But this was the inauguration of our new government, & ought not to be drawn into example. At the 2d election, both gentlemen were on the spot and needed no messengers. On the present occasion, the Presi dent will be on the spot, so that what is now to be done respects myself alone ; and considering that the season of notification will always present one difficulty, that the distance in the present case adds a second, not inconsiderable, and may in future happen to be sometimes much more considerable, I hope the Senate will adopt that method of notification, which will always be least troublesome and most certain. The channel of the post is certainly the least troublesome, is the most rapid, &, considering also that it may be sent by duplicates & triplicates, is unquestionably the most certain. Inclosed to the postmaster at Char lottesville, with an order to send it by express, no hazard can endanger the notification. Apprehending, that should there be a difference of opinion on this subject in the Senate, my ideas of self-respect might 1797] THOMAS JEFFERSON. 107 be supposed by some to require something more formal & inconvenient, I beg leave to avail myself of your friendship to declare, if a different proposition should make it necessary, that I consider the channel of the post-office as the most eligible in every respect, & that it is to me the most desirable ; which I take the liberty of expressing, not with a view of encroach ing on the respect due to that discretion which the Senate have a right to exercise on the occasion, but to render them the more free in the exercise of it, by taking off whatsoever weight the supposition of a contrary desire in me might have in the mind of any member. TO JAMES MADISON. mad. mss. Jan. 22, 97. Yours of the 8th came to hand yesterday. I was not aware of any necessity of going on to Philadel phia immediately, yet I had determined to do it, as a mark of respect to the public, and to do away the doubts which have spread, that I should consider the second office as beneath my acceptance. The jour ney, indeed, for the month of February, is a tremen dous undertaking for me, who have not been seven miles from home since my re-settlement. I will see you about the rising of Congress ; and presume I need not stay there a week. Your letters written be fore the 7th of Feb will still find me here. My letters inform me that mr. A speaks of me with great friend ship, and with satisfaction in the prospect of adminis- io8 THE WRITINGS OF [1797 tering the government in concurrence with me.* I am glad of the first information, because tho I saw that our antient friendship was affected by a little leaven, produced partly by his constitution, partly by the contrivance of others, yet I never felt a diminu tion of confidence in his integrity, and retained a solid affection for him. His principles of government I knew to be changed, but conscientiously changed. As to my participating in the administration, if by that he meant the executive cabinet, both duty & inclina tion will shut that door to me. I cannot have a wish to see the scenes of 93. revived as to myself, & to descend daily into the arena like a gladiator, to suffer martyrdom in every conflict. As to duty, the consti tution will know me only as the member of a legisla tive body ; and it's principle is, that of a separation of legislative, executive & judiciary functions, except in cases specified. If this principle be not expressed in direct terms, yet it is clearly the spirit of the con stitution, & it ought to be so commented & acted on by every friend of free government. I sincerely deplore the situation of our affairs with 1 Adams wrote to Tristam Dalton on Jan. 19, 1797 : "P. S. Mr. Jefferson's Letters and Declarations are no surprise to me. We laboured together in high friendship in Congress in 1776 and have lived and acted together very frequently since that time. His Talent and Information I know very well, and have ever believed in his honour. Integrity, his love of Country, and his friends. I may say to you that his Patronage of Paine and Freneau, and his entanglements with Characters and Politicks which have been pernicious, are and have long been a Source of Inquietude and anxiety to me, as they have been to you. But I hope and believe that his advancement and his Situation in the Senate, an excellent School, will correct him. He will have too many French friends about him to flatter him : but I hope we can keep him steady. This is entre nous. J. A." 1797] THOMAS JEFFERSON. 109 France. War with them, and consequent alliance with Great Britain, will completely compass the object of the Executive council, from the commencement of the war between France & England ; taken up by some of them from that moment, by others more lat terly. I still, however, hope it will be avoided. I do not believe mr. A wishes war with France ; nor do I believe he will truckle to England as servilely as has been done. If he assumes this front at once, and shews that he means to attend to self-respect & na tional dignity with both the nations, perhaps the dep redations of both on our commerce may be amicably arrested. I think we should begin first with those who first begin with us, and, by an example on them, acquire a right to re-demand the respect from which the other party has departed. — I suppose you are in formed of the proceeding commenced by the legislature of Maryland, to claim the South branch of the Poto mac as their boundary, and thus of Albemarle, now the central county of the state, to make a frontier. As it is impossible, upon any consistent principles, & after such a length of undisturbed possession, that they can expect to establish their claim. It can be ascribed to no other than an intention to irritate & divide ; and there can be no doubt from what bow the shaft is shot. However, let us cultivate Pennsylvania, & we need not fear the universe. The Assembly have named me among those who are to manage this controversy. But I am so averse to motion & con test, and the other members are so fully equal to the business, that I cannot undertake to act in it. I wish no THE WRITINGS OF [1797 you were added to them. Indeed, I wish & hope you may consent to be added to our Assembly itself. There Is no post where you can render greater ser vices, without going out of your State. Let but this block stand firm on It's basis, & Pennsylvania do the same, our Union will be perpetual, & our General Government kept within the bounds & form of the constitution. Adieu affectionately. TO GEORGE WYTHE. j. mss. MONTICELLO, Jan. 22. 97. It seems probable that I will be called on to pre side in a legislative chamber. It is now so long since I have acted in the legislative line, that I am entirely rusty in the Parliamentary rules of procedure. I know they have been more studied and are better known by you than by any man In America, perhaps by any man living, I am in hopes that while inquir ing into the subject you made notes on it. If any such remain In your hands, however informal, in books or in scraps of paper, and you will be so good as to trust me with them for a little while, they shall be most faithfully returned. If they lie in small compass they might come by post, without regard to expense. If voluminous, mr. Randolph will be passing through Richmond on his way from Varina to this place about the I oth of Feb, and could give them a safe convey ance. Did the Assembly do anything for the preser vation by publication of the laws? With great affection, adieu. 1797] THOMAS JEFFERSON. in TO JOHN LANGDON. J. mss. MONTICELLO, Jan. 22, 179?. Dear Sir, — Your friendly letter of the 2d inst, never came to hand till yesterday, & I feel myself indebted for the solicitude you therein express for my undertaking the office to which you inform me I am called. I know not from what source an idea has spread itself, which I have found to be generally spread, that I would accept the office of President of the U S, but not of Vice President. When I retired from the office I last held, no man in the Union less expected than I did, ever to have come forward again ; and, whatever has been insinuated to the contrary, to no man in the Union was the share which my name bore in the late contest, more unexpected than it was to me. If I had contemplated the thing beforehand, & suffered my will to enter into action at all on it. It would have been in a direction exactly the reverse of what has been imputed to me ; but I had no right to a will on the subject, much less to controul that of the people of the U S In arranging us according to our capacities. Least of all could I have any feelings which would revolt at taking a station secondary to mr. Adams. I have been secondary to him in every situation in which we ever acted together In public life for twenty years past. A contrary position would have been the novelty, & his the right of revolting at It. Be assured then, my dear Sir, that if I had had a fibre in my composition still looking after public office, it would have been gratified precisely by the very call you are pleased to announce to me, and no 112 THE WRITINGS OF [1797 Other. But in truth I wish for neither honors nor offices. I am happier at home than I can be else where. Since, however, I am called out, an object of great anxiety to me is that those with whom I am to act, shutting their minds to the unfounded abuse of which I have been the subject, will view me with the same candor with which I shall certainly act. An acquaintance of many long years ensures to me your just support, as it does to you the sentiments of sin cere respect and attachment with which I am, dear Sir, your friend and servant. TO DOCTOR JOHN EDWARDS. j. mss. MONTICELLO, Jan. 22, 97. Dear Sir, — I was yesterday gratified with the re ceipt of your favor of December 1 5th, which gave me the first information of your return from Europe. On the 28th of Oct I received a letter of July 30. from Colo Monroe, but did not know through what channel it came. I should be glad to see the Defence of his conduct which you possess, tho no paper of that title is necessary for me. He was ap pointed to an office during pleasure merely to get him out of the Senate, & with an intention to seize the first pretext for exercising the pleasure of recalling him. As I shall be at Philadelphia the first week in March, perhaps I may have an opportunity of seeing the paper there in mr. Madison's hands. I think with you it will be best to publish nothing concerning Colo Monroe till his return, that he may accommo- 1797] THOMAS JEFFERSON. 113 date the complexion of his publication to times & cir cumstances. When you left America you had not a good opinion of the train of our affairs. I dare say you do not find that they have got into better train. It will never be easy to convince me that by a firm yet just conduct in 1 793, we might not have obtained such a respect for our neutral rights from Great Brit ain, as that her violations of them & use of our means to wage her wars, would not have furnished any pretence to the other party to do the same. War with both would have been avoided, commerce & navigation protected & enlarged. We shall now either be forced into a war, or have our commerce & navigation at least totally annihilated, and the produce of our farms for some years left to rot on our hands. A little time will unfold these things, and shew which class of opinions would have been most friendly to the firmness of our government, & to the interests of those for whom it was made. I am, with great respect, dear Sir, your most obedient servant. TO DOCTOR BENJAMIN RUSH. J. mss. MONTICELLO, Jan 22, 97. Dear Sir, — I received yesterday your kind favor of the 4th instant, and the eulogium it covered on the subject of our late invaluable friend Rittenhouse, & I perused it with the avidity & approbation which the matter & manner of everything from your pen has long taught me to feel. I thank you too for your congratulations on the public call on me to undertake VOL. VII. — 8 114 THE WRITINGS OF [1797 the 2d office in the U S, but still more for the justice you do me in viewing as I do the escape from the first. I have no wish to meddle again in public af fairs, being happier at home than I can be anywhere else. Still less do I wish to engage in an office where it would be impossible to satisfy either friends or foes, and least of all at a moment when the storm Is about to burst, which has been conjuring up for four years past. If I am to act however, a more tranquil & un offending station could not have been found for me, nor one so analogous to the dispositions of my mind. It will give me philosophical evenings in the winter, & rural days in summer. I am indebted to the Philosophical society a communication of some bones of an animal of the lion kind, but of most exaggerated size. What are we to think of a creature whose claws were 8 Inches long, when those of the lion are not I 1-2 I ; whose thigh-bone was 6 1-4 I. diameter; when that of the lion is not i 1-2 I ? Were not these things within the jurisdiction of the rule & compass, and of ocular inspection, credit to them could not be obtained. I have been disappointed in getting the femur as yet, but shall bring on the bones I have, if I can, for the Society, & have the pleasure of seeing you for a few days in the first week of March. I wish the usual delays of the publications of the so ciety may admit the addition to our new volume, of this Interesting article, which it would be best to have first announced under the sanction of their authority. I am, with sincere esteem, dear Sir, your friend and servant. 1797] THOMAS JEFFERSON. 115 TO JAMES MADISON. mad. mss. Jan. 30, 97. Yours of the 15th came to hand yesterday. I am very thankful for the discretion you have exercised over the letter. That has happened to be the case, which I knew to be possible, that the honest expres sion of my feelings towards mr. A might be rendered mal-apropos from circumstances existing, & known at the seat of government, but not seen by me in my retired situation. Mr. A & myself were cordial friends from the beginning of the revolution. Since our re turn from Europe, some little incidents have hap pened, which were capable of affecting a jealous mind like his. The deviation from that line of politics on which we had been united, has not made me less sen sible of the rectitude of his heart ; and I wished him to know this, & also another truth, that I am sincerely pleased at having escaped the late draught for the helm, and have not a wish which he stands In the way of. That he should be convinced of these truths, is important to our mutual satisfaction, & perhaps to the harmony & good of the public service. But there was a difficulty In conveying them to him, & a possi bility that the attempt might do mischief there or somewhere else ; & I would not have hazarded the attempt, if you had not been in place to decide upon it's expediency. It is now become unnecessary to repeat It by a letter. I have had occasion to write to Langdon, in answer to one from him, in which I have said exactly the things which will be grateful to mr. A. & no more. This I imagine will be shewn to him. * * * ii6 THE WRITINGS OF [1797 I have turned to the constitution & laws, and find nothing to warrant the opinion that I might not have been qualified here, or wherever else I could meet with a Senator ; every member of that body being authorized to administer the oath, without being con fined to time or place, & consequently to make a record of it, and to deposit it with the records of the Senate. However, I shall come on, on the principle which had first determined me, — respect to the pub lic. I hope I shall be made a part of no ceremony whatever. I shall escape into the city as covertly as possible. If Gov Mifflin should show any symptoms of ceremony, pray contrive to parry them. We have now fine mild weather here. The thermometer is above the point which renders fires necessary. Adieu affectionately. TO JAMES SULLIVAN. MONTICELLO, Feb 9, 1797. Dear Sir, — I have many acknolegements to make for the friendly anxiety you are pleased to express in your letter of Jan 1 2, for my undertaking the office to which I have been elected. The idea that I would accept the office of President, but not that of Vice President of the U S, had not its origin with me. I never thought of questioning the free exercise of the right of my fellow citizens, to marshal those whom they call Into their service according to their fitness, nor ever presumed that they were not the best judges of these. Had I indulged a wish in what manner they should dispose of me, it would precisely have 1797] THOMAS JEFFERSON. 117 coincided with what they have done. Neither the splendor, nor the power, nor the difficulties, nor the fame or defamation, as may happen, attached to the first magistracy, have any attractions for me. The helm of a free government is always arduous, & never was ours more so, than at a moment when two friendly people are like to be committed in war by the ill tem per of their administrations. I am so much attached to my domestic situation, that I would not have wished to leave it at all. However, if I am to be called from it, the shortest absences & most tranquil station suit me best. I value highly, indeed, the part my fellow citizens gave me in their late vote, as an evidence of their esteem, & I am happy in the information you are so kind as to give, that many in the Eastern quarter entertain the same sentiment. Where a constitution, like ours, wears a mixed aspect of monarchy & republicanism, its citizens will naturally divide into two classes of sentiment, accord ing as their tone of body or mind, their habits, con nections & callings. Induce them to wish to strengthen either the monarchial or the republican features of the constitution. Some will consider it as an elective monarchy, which had better be made hereditary, & therefore endeavor to lead towards that all the forms and principles of its administration. Others will view it as an energetic republic, turning in all its points on the pivot of free and frequent elections. ' The great body of our native citizens are unquestionably of the republican sentiment. Foreign education, & foreign connections of interest, have produced some excep- ii8 THE WRITINGS OF [1797 tions in every part of the Union, North and South, & perhaps other circumstances in your quarter, better known to you, may have thrown into the scale of ex ceptions a greater number of the rich. Still there, I believe, and here, I am sure, the great mass is repub lican. Nor do any of the forms in which the public disposition has been pronounced in the last half dozen years, evince the contrary. All of them, when traced to their true source, have only been evidences of the preponderant popularity of a particularly great character. That influence once withdrawn, & our countrymen left to the operation of their own un biassed good sense, I have no doubt we shall see a pretty rapid return of general harmony, & our citi zens moving in phalanx in the paths of regular liberty, order, and a sacrosanct adherence to the con stitution. / Thus I think it will be, if war with France can be avoided. But if that untoward event comes athwart us in our present point of deviation, nobody, I believe, can foresee into what port it will drive us. I am always glad of an opportunity of inquiring after my most antient & respected friend mr. Samuel Adams. His principles, founded on the immovable basis of equal right & reason, have continued pure & unchanged. Permit me to place here my sincere veneration for him, & wishes for his health & happi ness ; & to assure yourself of the sentiments of esteem & respect with which I am. Dear Sir, your most obedi ent & most humble servant. 1797] THOMAS JEFFERSON. 119 TO ELBRIDGE GERRY. j. mss. Philadelphia, May 13, 97. My Dear Friend, — Your favor of the 4th instt came to hand yesterday. That of the 4th of Apr, with the one for Monroe, has never been received. The first, of Mar 27, did not reach me till Apr 21, when I was within a few days of setting out for this place, & I put off acknoleging it till I should come here. I entirely commend your dispositions towards mr. Adams ; knowing his worth as intimately and esteeming it as much as any one, and acknoleging the preference of his claims, if any I could have had, to the high office conferred on him. But In truth, I had neither claims nor wishes on the subject, tho I know it will be difficult to obtain belief of this. When I retired from this place & the office of Secy of state, it was in the firmest contemplation of never more returning here. There had indeed been suggestions in the public papers, that I was looking towards a succession to the President's chair, but feeling a con sciousness of their falsehood, and observing that the suggestions came from hostile quarters, I considered them as intended merely to excite public odium against me. I never in my life exchanged a word with any per son, on the subject, till I found my name brought for ward generally, in competition with that of mr. Adams. Those with whom I then communicated, could say, If it were necessary, whether I met the call with desire, or even with a ready acquiescence, and whether from the moment of my first acquiescence, I did not de voutly pray that the very thing might happen which I20 THE WRITINGS OF [1797 has happened. The second office of this government is honorable & easy, the first is but a splendid misery. You express apprehensions that stratagems will be used, to produce a misunderstanding between the President and myself. Tho not a word having this tendency has ever been hazarded to me by any one, yet I consider as a certainty that nothing will be left untried to alienate him from me. These machina tions will proceed from the Hamiltons by whom he is surrounded, and who are only a little less hostile to him than to me. It cannot but damp the pleasure of cordiality, when we suspect that It is suspected. I cannot help fearing, that it is impossible for mr. Adams to believe that the state of my mind is what it really is ; that he may think I view him as an obstacle in my way. I have no supernatural power to Impress truth on the mind of another, nor he any to discover that the estimate which he may form, on a just view of the human mind as generally con stituted, may not be just in its application to a special constitution. This may be a source of private un easiness to us ; I honestly confess that it is so to me at this time. But neither of us are capable of letting it have effect on our public duties. Those who may endeavor to separate us, are probably excited by the fear that I might have influence on the executive councils ; but when they shall know that I consider my office as constitutionally confined to legislative functions, and that I could not take any part whatever in executive consultations, even were it proposed, their fears may perhaps subside, & their object be found not worth a machination. 1797] THOMAS JEFFERSON. 121 I do sincerely wish with you, that we could take our stand on a ground perfectly neutral & indepen dent towards all nations. It has been my constant object thro public life ; and with respect to the English & French, particularly, I have too often expressed to the former my wishes, & made to them propositions verbally & in writing, officially & privately, to official & private characters, for them to doubt of my views, if they would be content with equality. Of this they are in possession of several written & formal proofs, in my own hand writing. But they have wished a monopoly of commerce & influence with us ; and they have in fact obtained it. When we take notice that theirs is the workshop to which we go for all we want ; that with them centre either immediately or ultimately all the labors of our hands and lands ; that to them belongs either openly or secretly the great mass of our navigation ; that even the factorage of their affairs here, is kept to themselves by factitious citizenships ; that these foreign & false citizens now constitute the great body of what are called our mer chants, fill our sea ports, are planted In every little town & district of the interior country, sway every thing in the former places by their own votes, & those of their dependants, in the latter, by their insinuations & the influence of their ledgers ; that they are advan cing fast to a monopoly of our banks & public funds, and thereby placing our public finances under their control; that they have in their alliance the most influential characters in & out of office ; when they have shewn that by all these bearings on the different branches of the government, they can force it to 122 THE WRITINGS OF [1797. proceed in whatever direction they dictate, and bend the interests of this country entirely to the will of another ; when all this, I say, is attended to, it is im possible for us to say we stand on independent ground, impossible for a free mind not to see & to groan under the bondage in which it is bound. If anything after this could excite surprise. It would be that they have been able so far to throw dust in the eyes of our own citizens, as to fix on those who wish merely to recover self-government the charge of sub serving one foreign influence, because they resist sub mission to another. But they possess our printing presses, a powerful engine in their government of us. At this very moment, they would have drawn us into a war on the side of England, had it not been for the failure of her bank. Such was their open & loud cry, & that of their gazettes till this event. After plun ging us in all the broils of the European nations, there would remain but one act to close our tragedy, that is, to break up our Union ; and even this they have ventured seriously & solemnly to propose & maintain by arguments in a Connecticut paper. I have been happy, however, in believing, from the stifling of this effort, that that dose was found too strong, & excited as much repugnance there as it did horror in other parts of our country, Se that whatever follies we may be led into as to foreign nations, we shall never give up our Union, the last anchor of our hope, & that alone which is to prevent this heavenly country from becoming an arena of gladiators. Much as I abhor war, and view it as the greatest scourge of mankind, t797] THOMAS JEFFERSON. 123 and anxiously as I wish to keep out of the broils of Europe, I would yet go with my brethren Into these, rather than separate from them. But I hope we may still keep clear of them, notwithstanding our present thraldom, & that time may be given us to reflect on the awful crisis we have passed through, and to find some means of shielding ourselves in future from foreign influence, political, commercial, or in whatever other form it may be attempted. I can scarcely withhold myself from joining in the wish of Silas Deane, that there were an ocean of fire between us & the old world.* A perfect confidence that you are as much attached to peace & union as myself, that you equally prize independence of all nations, and the blessings of self- government, has induced me freely to unbosom my self to you, and let you see the light in which I have viewed what has been passing among us from the beginning of the war. And I shall be happy, at all times, in an intercommunication of sentiments with you, believing that the dispositions of the different parts of our country have been considerably mlsrepre- ' The following is the last paragraph in the draft of this letter, afterwards stricken out and changed as in the print : " I shall never forget the prediction of the count de Vergennes that we shall exhibit the singular phaenomenon of a fruit rotten before it is ripe, nor cease to join in the wish of Silas Deane that there were an ocean of fire between us & the old world. Indeed my dear friend I am so disgusted with this entire sub jection to a foreign power that if it were in the end to appear to be the wish of the body of my countrymen to remain in that vassalege I should feel my unfit ness to be an agent in their affairs, and seek in retirement that personal inde pendence without which this world has nothing I value. I am confident you set the same store by it which I do : but perhaps your situation may not give you the same conviction of its existence." 124 THE WRITINGS OF [1797 sented & misunderstood in each part, as to the other, and that nothing but good can result from an exchange of information & opinions between those whose circumstances & morals admit no doubt of the integrity of their views. I remain, with constant and sincere esteem. Dear Sir, your affectionate friend and servant. ) TO JAMES MADISON. mad. mss. Philadelphia, May 18. 97. I was informed on my arrival here that Gov' Pinckney's dispatches had on their first receipt excited in the administration a great deal of passion, that councils were held from day to day, and their ill tem per fixed at length in war ; that under this impression Congress was called : that the tone of the party in general became high, and so continued till the news of the failure of the bank of England. This first gave it a check, & a great one & they have been cooling down ever since, the most intemperate only still ask ing permission to arm the vessels for their own de fence, while the more prudent disapprove of putting it in the power of their brethren & leaving to their discretion to begin the war for us. The impression was too that the executive had for some time been repenting that they had called us, & wished the meas ure undone. All the members from North as well as South concurred in attesting that negociation or any thing rather than war was the wish of their constitu ents. What was our surprise then at receiving the 1797] THOMAS JEFFERSON. 125 speech which will come to you by this post. I need make no observation to you on it. I believe there was not a member of either house, out of the secret, who was not much disappointed. However some had been prepared. The spirit of supporting the Execu tive was immediately given out in the lower house & is working there. The Senate admits of no fermenta tion. Tracy, Laurence & Livermore were appointed to draw an answer for them, Venable, Freeman, Rutledge, Griswold & for the representatives the former will be reported to day, & will be in time to be in closed : the other not till tomorrow when the post will be gone. We hope this last will be in general terms, but this is not certain, a majority as is believed (of the commitee) being for arming the merchantmen, finish ing the frigates, fortifying harbors, & making all other military preparations as an aid to negociation. How the majority of the house will be is very doubtful. If all were here, it is thought it would be decidedly pacific, but all are not here & will not be here. The division on the choice of a clerk was 41. for Condy, 40 for Beckley. Besides the loss of the ablest clerk in the US. & the outrage committed on the absent members, prevented by the suddenness of the call & their distance from being here on the ist day of the session, it excites a fear that the republican interest has lost by the new changes. It is said that three from Virginia separate from their brethren. The hope however is that as the anti-Republicans take the high ground of war, and their opponents are for everything moderate that the most moderate 126 THE WRITINGS OF [1797 of those who came under contrary dispositions will join them. Langdon tells me there is a con siderable change working in the minds of the peo ple to the Eastward : that the Idea that they have been deceived begins to gain ground, and that were the elections to be now made their result would be considerably different. This however is doubted & denied by others. France has asked of Holland to send away our Minister from them & to treat our Commerce on the plan of their late decree. The Batavian government answered after due considera tion that their commerce with us was now their chief commerce, that their money was in our funds, that if they broke off correspondence with us they should be without resources for themselves, for their own public & for France, & therefore declined doing it. France acquiesced. I have this from the President who had it from his son still at Hague. I presume that France has made the same application to Spain. For I know that Spain has memorialized our Executive against the effect of the British treaty, as to the articles con cerning neutral bottoms, contraband, and the Missi- sipl, has been pressing for an answer & has not yet been able to obtain one. It does not seem candid to have kept out of sight In the speech this discontent of Spain which is strongly and seriously pronounced & to have thereby left it to be imagined that France is the only power of whom we are In danger. — The fail ure of the bank of England, & the fear of having a paper tender there, has stopped buying bills of ex change. Specie is raked up from all quarters, & re- 1797] THOMAS JEFFERSON. 127 mitted for paiments at a disadvantage from risks &c. of 20. per cent. The bankruptcies here have been immense. I heard a sensible man well acquainted with them conjecture that the aggregate of the clear losses on all these added together in all the states would be not less than 10. millions of Dollars, a heavy tax indeed, to which are to be added the Mari time spoliations, and this tax falling on only a par ticular description of Citizens. — Bills of lading are arrived to a merchant for goods shipped from Bor deaux for this place in a vessel in which Monroe is coming passenger. We hope hourly therefore to re ceive him. — Innes is arrived & that board going to work. May 19. the answer of the Senate is reported by the Commitee. It is perfectly an echo and full as high toned as the speech. Amendments may & will be attempted but cannot be carried. — Note to me the day you receive this that I may know whether I con jecture rightly what is our true post day here. TO THOMAS pinckney. j.mss. Philadelphia, May 29, 1797. Dear Sir, — I received from you, before I left England, a letter enclosing one from the Prince of Parma. As I learnt soon after that you were shortly to return to America, I concluded to join my acknoleg- ments of it to my con^tulations on your arrival ; & both have been delayed by a blaraeable spirit of pro crastination, forever suggesting to our Indolence that we need not do to-day what may be done to-morrow. 128 THE WRITINGS OF [1797 Accept these now in all the sincerity of my heart. It is but lately I have answered the Prince's letter. It required some time to establish arrangements which might effect his purpose, & I wished also to forward a particular article or two of curiosity. You have found on your return a higher style of political differ ence than you had left here. I fear this is inseparable from the different constitutions of the human mind, & that degree of freedom which permits unrestrained -expression. Political dissension is doubtless a less evil than the lethargy of despotism, but still it Is a great evil, and it would be as worthy the efforts of the patriot as of the philosopher, to exclude it's influ ence, if possible, from social life. The good are rare enough at best. There is no reason to subdivide them by artificial lines. But whether we shall ever be able so far to perfect the principles of society, as that political opinions shall, in it's intercourse, be as inoffensive as those of philosophy, mechanics, or any other, may well be doubted. Foreign influence is the present & just object of public hue and cry, &, as often happens, the most guilty are foremost & loudest in the cry. If those who are truly independent, can so trim our vessels as to beat through the waves now agitating us, they will merit a glory the greater as it seems less possible. When I contemplate the spirit which is driving us on here, & that beyond the water which will view us as but a mouthful the more, I have little hope of peace. I anticipate the burning of our sea ports, havoc of our frontiers, household insurgency, with a long train of et ceteras, which is enough for a 1797] THOMAS JEFFERSON, 129 man to have met once in his life. The exchange, which is to give us new neighbors in Louisiana (probably the present French armies when disbanded) has opened us to combinations of enemies on that side where we are most vulnerable. War is not the best engine for us to resort to, nature has given us one in our commerce, which, if properly managed, will be a better instrument for obliging the interested nations of Europe to treat us with justice. If the commercial regulations had been adopted which our legislature were at one time proposing, we should at this moment have been standing on such an emi nence of safety & respect as ages can never recover. But having wandered from that, our object should now be to get back, with as little loss as possible, & when peace shall be restored to the world, endeavor so to form our commercial regulations as that justice from other nations shall be their mechanical result. I am happy to assure you that the conduct of Genl Pinckney has met universal approbation. It was marked with that coolness, dignity, & good sense which we expected from him. I am told that the French government had taken up an unhappy idea, that Monroe was recalled for the candor of his con duct in what related to the British treaty, & Gen! Pinckney was sent as having other dispositions towards them. I learn further, that some of their well-informed citizens here are setting them right as to Gen! Pinckney's dispositions, so well known to have been just towards them ; & I sincerely hope, not only that he may be employed as envoy extraordinary VOL. vil.—g 130 THE WRITINGS OF [1797 to them, but that their minds will be better prepared to receive him. I candidly acknolege, however, that I do not think the speech & addresses of Congress as conciliatory as the preceding irritations on both sides would have rendered wise. I shall be happy to hear from you at all times, to make myself useful to you whenever opportunity offers, and to give every proof of the sincerity of the sentiments of esteem & respect with which I am. Dear Sir, your most obedient and most humble servant. TO HORATIO GATES. j.mss. Philadelphia, May 30, 1797. Dear General, — I thank you for the pamphlet of Erskine enclosed in your favor of the 9th inst, and still more for the evidence which your letter affords me of the health of your mind, and I hope of your body also. Erskine has been reprinted here, & has done good. It has refreshed the memory of those who had been willing to forget how the war between France and England has been produced ; and who, apeing St. James', called it a defensive war on the part of England. I wish any events could induce us to cease to copy such a model, & to assume the dig nity of being original. They had their paper system, stockjobbing, speculations, public debt, moneyed In terest, &c., and all this was contrived for us. They raised their cry against jacobinism and revolutionists, we against democratic societies & anti-federalists ; their alarmists sounded insurrection, ours marched an army to look for one, but they could not find it. I wish the 1797] THOMAS JEFFERSON, 131 parallel may stop here, and that we may avoid, instead of Imitating, a general bankruptcy and disastrous war. Congress, or rather the representatives, have been a fortnight debating a more or less irritating answer to the President's speech. The latter was lost yester day, by 48. against 51. or 52. It is believed, however, that when they come to propose measures leading directly to war, they will lose some of their numbers. Those who have no wish but for the peace of their country, & its independence of all foreign influence, have a hard struggle indeed, overwhelmed by a cry as loud & imposing as if it were true, of being under French influence, & this raised by a faction composed of English subjects residing among us, or such as are English in all their relations & sentiments. However, patience will bring all to rights, and we shall both live to see the mask taken from their faces, and our citizens sensible on which side true liberty & independence are sought. Should any circumstance draw me further from home, I shall with great cordiality pay my respects to you at Rose Hill, & am not without hope of meeting you here some time. Here, there, & everywhere else, I am with great & sincere attachment & respect, your friend and servant. TO JAMES MADISON. J- mss. Philadelphia, June i, [i797-] Dear Sir,— I wrote you on the i8th of May. The address of the Senate was soon after that. The first draught was responsive to the speech, & higher toned. 132 THE WRITINGS OF [1797 Mr. Henry arrived the day it was reported ; the addressers had not yet their strength around them. They listened therefore to his objections, recommitted the papers, added him and Tazewell to the committee, and It was reported with considerable alterations ; but one great attack was made on it, which was to strike out the clause approving everything heretofore done by the Executive. This clause was retained by a ma jority of four. They received a new accession of mem bers, held a caucus, took up all the points recommended in the speech, except the raising money, agreed the lists of every committee, and on Monday passed the resolutions & appointed the committees, by an uniform vote of 1 7 to 1 1. (Mr. Henry was accidentally absent ; Ross not then come.) Yesterday they put up the nomination of J. Q. Adams to Berlin, which hadbeen objected to as extending our diplomatic establish ment. It was approved by 18 to 14. (Mr. Tatnall accidentally absent.) From the proceedings we were able to see, that 18 on the one side & 10 on the other, with two wavering votes, will decide every question. Schuyler is too ill to come this session, & Gunn has not yet come. Pinckney (the Genl), John Mar shall & Dana are nominated envoys extraordinary to France. Charles Lee consulted a member from Virginia to know whether Marshall would be agree able. He named you, as more likely to give satisfac tion. The answer was, ' Nobody of mr. Madison's way of thinking will be appointed.' The representatives have not yet got through their address. An amendment of mr. Nicholas', which you 1797] THOMAS JEFFERSON, 133 will have seen in the papers, was lost by a division of 46 to 52. A clause by mr. Dayton, expressing a wish that France might be put on an equal footing with other nations, was inserted by 52. against 47. This vote is most worthy of notice, because the moderation & justice of the proposition being unquestionable. It shews that there are 47. decided to go all lengths to \illegiblel^ They have received a new orator from the district of mr. Ames. He is the son of the Secretary of the Senate. They have an accession from S C also, that State being exactly divided. In the H of Repr. I learned the following facts, which give me real concern. When the British treaty arrived at Charleston, a meeting, as you know, was called, and a committee of seventeen appointed, of whom General Pinckney was one. He did not attend. They waited for him, sent for him ; he treated the mission with great hauteur, and disapproved of their meddling. In the course of the subsequent altercations, he declared that his brother, T. Pinckney, approved of every article in the treaty, under the existing circum stances, and since that time, the politics of Charleston have been assuming a different hue. Young Rutledge joining Smith and Harper, Is an ominous fact as to that whole interest. Tobacco is at 9. dollars, and flour very dull of sale. A great stagnation in commerce generally. During the present bankruptcy in England, the mer chants seem disposed to lie on their oars. It is impossible to conjecture the rising of Congress, as it will depend on the system they decide on ; whether 134 THE WRITINGS OF [1797 of preparation for war, or inaction. In the vote of 46. to 52. Morgan, Macher& Evans were of the majority, and Clay kept his seat, refusing to vote with either. In that of 47 to 52, Evans was the only one of our delegation who voted against putting France on an equal footing with other nations, P. M. So far, I had written in the morning. I now take up my pen to add, that the addresses having been reported to the House, it was moved to disagree to so much of the amendment as went to the putting France on an equal footing with other nations, & Morgan and Macher turning tail, (in consequence, as is said, of having been closeted last night by Charles Lee,) the vote was 49. to 50. So the principle was saved by a single vote. They then proposed that compensations for spoliations shall be a sine qua non, and this will be decided on to-morrow. Yours affec tionately. TO PEREGRINE FITZHUGH. j.mss. Philadelphia, June 4, 1797. Dear Sir, — I am favoured with yours of May 19, & thank you for your intentions as to the corn & the large white clover which if forwarded to mr. Archibald Stuart at Staunton will find daily means of conveyance from thence to me. That indeed is the nearest post road between you & myself by 60. or 70. miles, the one by Georgetown being very circuitous. The representatives have at length got through their address. As you doubtless receive the news papers regularly from hence you will have seen in 1797] THOMAS JEFFERSON. 135 them the address, & all the amendments made or pro posed (while mentioning newspapers it is doing a good office to as distant places as yours Sz mine to observe that Bache has begun to publish his Aurora for his country customers on 3. sheets a week instead of six. You observe that the ist & 4th pages are only of advertisement. The 2d & 3d contain all the essays & laws. He prints therefore his 2d & 3d. pages of Monday's & Tuesday's papers on opposite sides of the same sheet, omitting the ist & 4th, so that we have the news pages of 2. papers on one. This costs but 5. instead of 8. dollars & saves half the postage. Smith begins in July to publish a weekly paper with out advertisements which will probably be a good one. Gary's paper is an excellent one & Bradford's com piled by Lloyd perhaps the best in the city ; but both of these are daily papers. Thinking this episode on newspapers might not be unacceptable in a position as distant as yours, I return to Congress & to poli tics.) You will perceive by the votes that the Re publican majority of the last congress has been much affected by the changes of the late election. Still however if all were here the majority would be on the same side, though a small one. They will now pro ceed to consider what is to be done. It is not easy nor safe to prophecy, but I think the expectation is that they will not permit the merchant vessels to arm, that they will leave the militia as it stands for the present season, vote further sums for going on with the fortifications & frigates & prefer borrowing the money of the bank to the taking up the subject of 136 THE WRITINGS OF [1797 taxation generally at this inconvenient season. In fact I consider the calling of Congress so out of sea son an experiment of the new administration to see how far & on what lines they could count on its sup port. Nothing new had intervened between the late separation & the summons, for Pinckney's non-recep tion was then known. It is possible from the com plexion of the President's speech that he was disposed or perhaps advised to proceed on a line which would endanger the peace of our country : & though the address is nearly responsive yet it would be too bold to proceed on so small a majority. The first unfav orable event, & even the necessary taxes, would restore preponderance to the side of peace. The nomination of the envoys for France does not prove a thorough conversion to the pacific system. Our greatest security perhaps Is in the impossibility of either borrowing or raising the money which would be necessary. I am suggesting an idea on the subject of taxation which might perhaps facilitate much that business & reconcile all parties. That is to say, to lay a land tax leviable in 1 798 &c. But If by the last day of 1 798 any state bring It's whole quota into the federal Treasury, the tax shall be suspended one year for that state. If by the end of the next year they bring another year's tax, It shall be suspended a 2d year as to them & so toties quoties forever. If they fall, the federal collectors will go on of course to make their collection. In this way those who prefer excises may raise their quota by excises, & those who prefer land taxes may raise by land taxes, either on the fed- 1797] THOMAS JEFFERSON. 137 eral plan, or on any other of their own which they like better. This would tend, I think, to make the general government popular & to render the state legislatures useful allies & associates instead of rivals, & to mollify the harsh tone of government which has been asserted. I find the idea pleasing to most of those to whom I have suggested it. It will be objected to by those who are for a consolidation. You mention the retirement of mr. Ames. You will observe that he has sent us a successor Mr. H. G. Otis as rhetorical as himself. You have perhaps seen an attack made by a Mr. Luther Martin on the facts stated In the Notes on Virginia relative to Logan, his speech, the fate of his family & the share Col. Cresap had In their extermination. I do not desire to enter the field in the newspapers with Mr. Mar tin, but if any injury has been done Col. Cresap in the statement I have given it shall certainly be cor rected whenever another edition of that work shall be published. I have given it as I have received it. I think you told me Cresap had lived in your neighbor hood hence I have imagined you could in the ordinary course of conversations in the societies there find the real truth of the whole transaction & the genuine character and conduct of Cresap. If you will be so good as to keep this subject in your mind, to avail yourself of the opportunities of enquiry & evidence which may occur, & communicate the result to me you will singulariy oblige me. The proceedings in the federal court of Virginia to overawe the communica tions between the people & their representatives ex- 138 THE WRITINGS OF [1797 cite great indignation. Probably a great fermentation will be produced by it in that state. Indeed it is the common cause of the confederacy as it is one of their courts which has taken the step. The charges of the federal judges have for a considerable time been inviting the grand juries to become inquisitors on the freedom of speech, of writing & of principle of their fellow-citizens. Perhaps the grand juries In the other states as well as in that of Virginia may think it in cumbent in their next presentment to enter protesta tions against this perversion of their institution from a legal to a political engine, & even to present those concerned in it. The hostile use which is made of whatever can be laid hold of of mine, obliges me to caution the friends to whom I write, never to let my letters go out of their own hands lest they should get into the newspapers. I pray you to present my most friendly respects to your father, & wishes for the con tinuance of his health & good faculties, to accept yourself assurances of the esteem with which I am dear sir your most obedt & most humble servt. TO FRENCH STROTHER. j. Mss. Philadelphia, June 8, 1797. Dear Sir, — In compliance with the desire you ex pressed in the few short moments I had the pleasure of being with you at Fredericksburg, I shall give you some account of what is passing here. The Presi dent's speech you will have seen ; and how far its aspect was turned towards war. Our opinion here is that the Executive had that in contemplation, and 1797] THOMAS JEFFERSON. 139 were not without expectation that the legislature might catch the flame. A powerful part of that has shown a disposition to go all lengths with the Execu tive ; and they have been able to persuade some of more moderate principles to go so far with them as to join them in a very sturdy address. They have voted the compleating & manning the three frigates, & going on with the fortifications. The Senate have gone much further, they have brought in bills for buying more armed vessels, sending them & the frigates out as convoys to our trade, raising more cavalry, more artillerists, and providing a great army, to come into actual service only, if necessary. They have not de cided whether they will permit the merchants to arm. The hope & belief is that the Representatives will concur in none of these measures, though their divi sions hitherto have been so equal as to leave us under doubt & apprehension. The usual majorities have been from i. to 6. votes, & these sometimes one way, sometimes the other. Three of the Virginia members dividing from their colleagues occasion the whole difficulty. If they decline these measures, we shall rise about the 17th inst. It appears that the dispositions of the French government towards us wear a very angry cast indeed, and this before Pick ering's letter to Pinckney was known to them. We do not know what effect that may produce. We ex pect Paine every day in a vessel from Havre, & Colo Monroe In one from Bordeaux. Tobacco keeps up to a high price & will still rise ; flour is dull at 7\ Dollars. I am, with great esteem, dear Sir, your friend and servant. I40 THE WRITINGS OF [1797 TO JAMES MADISON.' j. mss. Philad. June 8, 97. Amdmt of address puttg France on equal footing clogged with demand for spoliation, which tho' right in principle, may enable Exve to make it sine qua non, to indulge their own disposns to rupture. Repr. have voted complete & man frigates, go on with fortfycns. Will prob pass bill from Senate pro- hibg exportn arms & ammunition & preventg our citizens from engaging in armed vessels. Bills for cavalry — artillery — 9 vessels — provnal army. Will pass Senate by 18 to 12. Permittg merchts to arm negativd. in commee Sen ate 3 to 2. Bingham's informa that merchts did not wish It. Some of the Senate for it. Smith & Harper proposed permit merchts to arm yesterday. Buonaparte's late victory & panic of Brit govmt pro duced sensible effect here. Before that the party partly from Inclinn partly devotn to Exve. willing to meet hostilities from France. Now will not force that nail but doing so much of most innocent things as may veil the folly or boldness of convening Congress, leave more offensive measures to Issue of negocn or their own next meeting. Difficult to say if Republicans have majority. Votes carrd both ways by from i. to 6. Our 3 renegadoes make the difference. Clay firm. Never separated but on the vote mentd in former Ire. Paine expected. — Nothing of Monroe. ' Endorsed : " No copy retained. The above is the sum." 1797] THOMAS JEFFERSON. 141 P. M. Represent, have decided 46 to 34. yt W. India trade shall not arm. Hence augur well of other resolns. Senate have voted on 2d. reading the 9. vessels. Cost 60 M. D. each these bills originating in Senate & going under their sanction to H. Repr in so vibratory a state, have mischievous effect. Ex pect to rise Saturday 1 7th. I shall probably be with you 26th or 27th. TO JOHN MOODY. J. Mss. Philadelphia, June 13. 97. Sir, — I might sooner have acknoleged the receipt of your favor of May 15. but I could not sooner have done it with anything satisfactory on the subject it concerned. The first opening of the session of Con gress was rather inauspicious to those who consider war as among the greatest calamities to our country. Private conversation, public discussion, & thorough calculation, aided by the events of Europe, have nearly brought everyone to the same sentiment, not only to wish for a continuance of peace, but to let no false sense of honor lead us to take a threatening attitude, which to a nation prompt in its passions & flushed with victory might produce a blow from them. I rather believe that Congress will think it best to do little or nothing for the present to give fair play to the negotiation proposed, & in the meantime lie on their oars till their next meeting in November. Still however both English & French spoliations continue in a high degree. Perhaps the prospects In Europe 142 THE WRITINGS OF [1797 may deaden the activity of the former, & call home all their resources, but I see nothing to check the depredations of the French but the natural effect they begin to produce of starving themselves by deterring us from venturing to sea with provisions. This is the best general view I am able to give you of the prob able course of things for the summer so far as they may be interesting to commerce. The liberties which the presses take in mutilating whatever they can get hold of, obliges me to request every gentleman to whom I write to take care that nothing from me may be put within their power. TO JAMES MADISON. mad. mss. Philadelphia, June 15, 97. — a.m. My last was of the 8th inst. I had enclosed you separately a paper giving you an account of Buona parte's last great victory. Since that, we receive information that the preliminaries of peace were signed between France 8: Austria. Mr. Hammond will have arrived at Vienna too late to influence the terms. The victories lately obtained by the French on the Rhine, were as splendid as Buonaparte's. The mutiny on board the English fleet, tho' allayed for the present, has Impressed that country with ter ror. King has written letters to his friends recom mending a pacific conduct towards France, * notwith standing the continuance of her injustices.' Volney is convinced France will not make peace with Eng land, because it is such an opportunity for sinking 1797] THOMAS JEFFERSON. 143 her as she never had & may not have again. Buona parte's army would have to march 700. miles to Calais. Therefore, it is imagined the armies of the Rhine will be destined for England. The Senate yesterday rejected on it's 2d reading their own bill for raising 4. more companies of light dragoons, by a vote of 15 to 13. Their cost would have been about 120,000 D a year. To-day the bill for manning the frigates & buying 9 vessels @ about 60,000 D each, comes to it's 3d reading. Some flatter us we may throw it out. The trial will be in time to mention the issue herein. The bills for preventing our citi zens from engaging in armed vessels of either party, & for prohibitg exportation of arms & ammunition, have passed both houses. The fortification bill is before the Representatives still. It is thought by many that with all the mollifying clauses they can give It, it may perhaps be thrown out. They have a separate bill for manning the 3. frigates, but its fate is uncertain. These are probably the ultimate meas ures which will be adopted, if even these be adopted. The folly of the convocation of Congress at so incon venient a season & an expense of 60,000 D, is now palpable to everybody ; or rather it is palpable that war was the object, since, that being out of the question, it is evident there is nothing else. How ever, nothing less than the miraculous string of events which have taken place, to wit, the victories of the Rhine & Italy, peace with Austria, bankruptcy of England, mutiny in her fleet, and King's writing let ters recommending peace, could have cooled the fury 144 THE WRITINGS OF [1797 of the British faction. Even all that will not prevent considerable efforts still in both houses to shew our teeth to France. We had hoped to have risen this week. It is now talked of for the 24th, but it is Im possible yet to affix a time. I think I cannot omit being at our court (July 3,) whether Congress rises or not. If so, I shall be with you on the Friday or Saturday preceding. I have a couple of pamphlets for you, (Utrum Horum, & Paine's Agrarian Justice,) being the only things since Erskine which have ap peared worth notice. Besides Bache's paper there are 2. others now accommodated to country circula tion. Gale's (successor of Oswald) twice a week without advertisements at 4. dollars. His debates in Congress are the same with Claypole's. Also Smith proposes to Issue a paper once a week, of news only, and an additional sheet while Congress shall be in session, price 4. dollars. The best daily papers now are Bradford's compiled by Lloyd, and Markland & Gary's. Claypole's you know. Have you remarked the pieces signed Fabius ? they are written by John Dickinson. P. M. The bill before the Senate for equipping the 3 frigates, & buying 9. vessels of not more than 20. guns, has this day passed on it's 3d reading by 16. against 1 3. The fortification bill before the represen tatives as amended in commee of the whole, passed to it's 3d reading by 48. against 41. Adieu affection ately, with my best respects to Mrs. Madison. 1797] THOMAS JEFFERSON. 145 TO AARON BURR. J. mss- Philadelphia, June 17, 1797. Dear Sir, — The newspapers give so minutely what is passing in Congress, that nothing of detail can be wanting for your information. Perhaps, however, some general view of our situation & prospects, since you left us, may not be unacceptable. At any rate, it will give me an opportunity of recalling myself to your memory, & of evidencing my esteem for you. You well know how strong a character of division had been impressed on the Senate by the British treaty. Common error, common censure, & common efforts of defence had formed the treaty majority into a common band, which feared to separate even on other subjects. Towards the close of the last Congress, however. It had been hoped that their ties began to loosen, & their phalanx to separate a little. This hope was blasted at the very opening of the present session, by the nature of the appeal which the Presi dent made to the nation ; the occasion for which had confessedly sprung from the fatal British treaty. This circumstance rallied them again to their standard, and hitherto we have had pretty regular treaty votes on all questions of principle. And indeed I fear, that as long as the same individuals remain, so long we shall see traces of the same division. In the H of Representatives the republican body has also lost strength. The non-attendance of 5. or 6. of that de scription, has left the majority very equivocal indeed. A few individuals of no fixed system at all, governed by the panic or the prowess of the moment, flap as VOL. VII. — 10 146 THE WRITINGS OF [1797 the breeze blows against the republican or the aristo cratic bodies, and give to the one or the other a pre ponderance entirely accidental. Hence the dissimilar aspect of the address, & of the proceedings subse quent to that. The inflammatory composition of the speech excited sensations of resentment which had slept under British injuries, threw the wavering into the war scale, and produced the war address. Buona parte's victories & those on the Rhine, the Austrian peace, British bankruptcy, mutiny of the seamen, and mr. King's exhortations to pacific measures, have cooled them down again, & the scale of peace pre ponderates. The threatening propositions therefore, founded in the address, are abandoned one by one, & the cry begins now to be, that we have been called together to do nothing. The truth is, there is nothing to do, the idea of war being scouted by the events of Europe ; but this only proves that war was the object for which we were called. It proves that the executive temper was for war ; & that the convocation of the Representatives was an experiment on the temper of the nation, to see If it was in unison. Efforts at negociation indeed were promised ; but such a promise was as difficult to withhold, as easy to render nugatory. If negociation alone had been meant, that might have been pursued without so much delay, and without calling the Representatives ; and if strong & earnest negotiation had been meant, the additional nomina tion would have been of persons strongly & earnestly attached to the alliance of 1778. War then was in tended. Whether abandoned or not, we must judge 1797] THOMAS JEFFERSON. 147 from future indications & events ; for the same secrecy & mystery Is affected to be observed by the present, which marked the former administration. I had always hoped, that the popularity of the late president being once withdrawn from active effect, the natural feelings of the people towards liberty would restore the equilibrium between the Executive & Legislative departments, which had been destroyed by the superior weight & effect of that popularity ; & that their natural feelings of moral obligation would discounte nance the ungrateful predilection of the executive in favor of Great Britain. But unfortunately, the pre ceding measures had already alienated the nation who was the object of them, had excited reaction from them, & this reaction has on the minds of our citizens an effect which supplies that of the Washington pop ularity. This effect was sensible on some of the late congressional elections, & this it is which has lessened the republican majority in Congress. When it will be reinforced, must depend on events, & these are so incalculable, that I consider the future character of our republic as in the air ; indeed its future fortune will be in the air, if war Is made on us by France, & if Louisiana becomes a Gallo-Amerlcan colony. I have been much pleased to see a dawn of change in the spirit of your State. The late elections have indicated something, which, at a distance, we do not understand. However, what with the English influ ence in the lower, and the Patroon influence in the upper part of your State, I presume little is to be hoped. If a prospect could be once opened upon us 148 THE WRITINGS OF [1797 of the penetration of truth into the eastern States ; if the people there, who are unquestionably republicans, could discover that they have been duped into the support of measures calculated to sap the very foun dations of republicanism, we might still hope for sal vation, and that it would come, as of old, from the east. But will that region ever awake to the true state of things ? Can the middle. Southern & Wes tern states hold on till they awake ? These are pain ful & doubtful questions ; and if, in assuring me of your health, you can give me a comfortable solution of them, it will relieve a mind devoted to the preserva tion of our republican government in the true form & spirit in which it was established, but almost op pressed with apprehensions that fraud will at length effect what force could not, & that what with currents & counter-currents, we shall, in the end, be driven back to the land from which we launched 20. years ago. Indeed, my dear Sir, we have been but a sturdy fish on the hook of a dexterous angler, who, letting us flounce till we have spent our force, brings us up at last. I am tired of the scene, & this day sen'night shall change it for one, where, to tranquillity of mind may be added pursuits of private utility, since none public are admitted by the state of things. I am, with great & sincere esteem, dear Sir, your friend and servant. P. S. Since writing the above, we have received a report that the French Directory has proposed a declaration of war against the U. S. to the Council 1797] THOMAS JEFFERSON. 149 of Antients, who have rejected it. Thus we see two nations who love one another affectionately, brought by the ill temper of their executive administrations, to the very brink of a necessity to imbrue their hands in the blood of each other. TO ELBRIDGE GERRY. J- mss. Philadelphia, June 21, 1797. My dear friend, — It was with infinite joy to me, that you were yesterday announced to the Senate, as envoy extraordinary, jointly with Genl. Pinckney & mr. Marshall, to the French republic. It gave me certain assurance that there would be a preponder ance in the mission, sincerely disposed to be at peace with the French government & nation. [Peace is un doubtedly at present the first object of our nation. Interest & honor are also national considerations. But interest, duly weighed, is In favor of peace even at the expence of spoliations past & future ; & honor cannot now be an object^ The insults & injuries committed on us by both the belligerent parties, from the beginning of 1793 to this day, & still continuing, cannot now be wiped off by engaging in war with one of them. As there is great reason to expect this is the last campaign in Europe, it would certainly be better for us to rub thro this year, as we have done through the four preceding ones, and hope that on the restoration of peace, we may be able to establish some plan for our foreign connections more likely to secure our peace, interest & honor, in future. Our 150 THE WRITINGS OF [1797 countrymen have divided themselves by such strong affections, to the French & the English, that nothing will secure us internally but a divorce from both na tions ; and this must be the object of every real American, and it's attainment is practicable without much self-denial. But for this, peace is necessary. Be assured of this, my dear Sir, that if we engage in a war during our present passions, & our present weakness in some quarters, that our Union runs the greatest risk of not coming out of that war in the shape in which it enters it. My reliance for our preservation is in your acceptance of this mission. I know the tender circumstances which will oppose themselves to it. But it's duration will be short, and it's reward long. You have it in your power, by accepting and determining the character of the mis sion, to secure the present peace & eternal union of your country. If you decline, on motives of private pain, a substitute may be named who has enlisted his passions in the present contest, & by the preponder ance of his vote in the mission may entail on us calamities, your share in which, & your feelings, will outweigh whatever pain a temporary absence from your family could give you. The sacrifice will be short, the remorse would be never ending. Let me, then, my dear Sir, conjure your acceptance, and that you will, by this act, seal the mission with the con fidence of all parties. Your nomination has given a spring to hope, which was dead before. I leave this place in three days, and therefore shall not here have the pleasure of learning your determination. But it 1797] THOMAS JEFFERSON. 151 will reach me in my retirement, and enrich the tran quillity of that scene. It will add to the proofs which have convinced me that the man who loves his country on it's own account, and not merely for it's trappings of interest or power, can never be divorced from it, can never refuse to come forward when he finds that she is engaged in dangers which he has the means of warding off. Make then an effort, my friend, to renounce your domestic comforts for a few months, and reflect that to be a good husband and good father at this moment, you must be also a good citizen. With sincere wishes for your acceptance & success, I am, with unalterable esteem, dear Sir, your affectionate friend and servant. TO JAMES MADISON. J- mss. Philadelphia, June 22, 97. The Senate have this day rejected their own bill for raising a provisional army of 15,000 men. I think they will reject that for permitting private vessels to arm. The Representatives have thrown out the bill of the Senate for raising artillery. They (Wednes day) put off one forbidding our citizens to serve in foreign vessels of war till Nov, by a vote of 52. to 44. This day they came to a resolution proposing to the Senate to adjourn on Wednesday, the 28th, by a majority of 4. Thus it is now perfectly understood that the convocation of Congress is substantially con demned by their several decisions that nothing is to be done. I may be with you somewhat later than I 152 THE WRITINGS OF [1797 expected, say from the ist to the 4th. Prelimina ries of peace between Austria & France are signed. Dana has declined the mission to France. Gerry is appointed In his room, being supported in Senate by the republican vote ; 6 nays of the opposite descrip tion. No news of Monroe or Payne. Adieu. TO EDWARD RUTLEDGE. j. mss. Philadelphia, June 24, 97. My Dear Sir, — I have to acknolege your two favors of May 4 & 19, and to thank you for your attentions to the commissions for the peas & oranges, which I learn are arrived in Virginia. Your draft I hope will soon follow on Mr. John Barnes, merchant, here ; who, as I before advised you, is directed to answer It. When Congress first met, the assemblage of facts presented in the President's speech, with the multi plied accounts of spoliations by the French West Indians, appeared by sundry votes on the address, to incline a majority to put themselves in a posture of war. Under this influence the address was formed, & its spirit would probably have been pursued by corresponding measures, had the events of Europe been of an ordinary train. But this has been so extraordinary, that numbers have gone over to those, who, from the first, feeling with sensibility the French insults, as they had felt those of England before, thought now as they thought then, that war measures should be avoided, & those of peace pursued. Their 1797] THOMAS JEFFERSON. 153 favorite engine, on the former occasion, was coTn- mercial regulations, in preference to negociations, to war preparations & increase of debt. On the latter, as we have no commerce with France, the restriction of which could press on them, they wished for nego ciation. Those of the opposite sentiment had, on the former occasion, preferred negociation, but at the same time voted for great war preparations, and increase of debt ; now also they- were for negociation, war preparations & debt. The parties have in debate mutually charged each other with inconsistency, & with being governed by an attachment to this or that of the belligerent nations, rather than the dictates of reason & pure Americanism. But, in truth, both have been consistent ; the same men having voted for war measures who did before, & the same against them now who did before. The events of Europe coming to us in astonishing & rapid succession, to wit, the public bankruptcy of England, Buonaparte's successes, the successes on the Rhine, the Austrian peace, mutiny of the British fleet, Irish insurrection, a demand of 43. millions for the current services of the year, and, above all, the warning voice, as is said, of Mr. King, to abandon all thought of connection with Great Britain, that she is going down Irrecovera bly, & will sink us also, if we do not clear ourselves, have brought over several to the pacific party, so as, at present, to give majorities against all threatening measures. They go on with frigates and fortifications, because they were going on with them before. They direct 80,000 of their militia to hold themselves in 154 THE WRITINGS OF [1797 readiness for service. But they reject the proposi tions to raise cavalry, artillery, & a provisional army, & to trust private ships with arms in the present combustible state of things. They believe the present is the last campaign of Europe, & wish to rub through this fragment of a year as they have through the four preceding ones, opposing patience to insult, & interest to honor. They will, therefore, immedi ately adjourn. This is, indeed, a most humiliating state of things, but it commenced in 93. Causes have been adding to causes, & effects accumulating on effects, from that time to this. We had, in 93, the most respectable character in the universe. What the neutral nations think of us now, I know not ; but we are low indeed with the belligerents. Their kicks & cuffs prove their contempt. If we weather the present storm, I hope we shall avail our selves of the calm of peace, to place our foreign con nections under a new & different arrangement. \ We must make the interest of every nation stand surety for it's justice, & their own loss to follow injury to us, as effect follows its cause. As to everything except commerce, we ought to divorce ourselves from them all.j But this system would require time, temper, wisdom, & occasional sacrifice of interest ; & how far all of these will be ours, our children may see, but we shall not. The passions are too high at present, to be cooled in our day. You & I have formerly seen warm debates and high political passions. But gentlemen of different politics would then speak to each other, & separate the business of 1797] THOMAS JEFFERSON. 155 the Senate from that of society. It is not so now. Men who have been intimate all their lives, cross the streets to avoid meeting, & turn their heads another way, lest they should be obliged to touch their hats. This may do for young men with whom passion is enjoyment. But it is afflicting to peaceable minds. Tranquillity is the old man's milk. I go to enjoy it in a few days, & to exchange the roar & tumult of bulls & bears, for the prattle of my grand-children & senile rest. Be these yours, my dear friend, through long years, with every other blessing, & the attach ment of friends as warm & sincere, as yours affec tionately. TO EDMUND RANDOLPH. J. mss. Philadelphia, June 27, 97. Dear Sir, — I have to acknolege the receipt of your two favors of may 26. & 29, which came to hand in due time, and relieved my mind considerably, tho it was not finally done. During the vacation we may perhaps be able to hunt up the letters which are want ing, and get this tornado which has been threatening us, dissipated. You have seen the speech & the address, so nothing need be said on them. The spirit of both has been so whittled down by Buonaparte's victories, the vic tories on the Rhine, the Austrian peace, Irish insur gency, English bankruptcy, insubordination of the fleet, &c., that Congress is rejecting one by one the measures brought in on the principles of their own address. But nothing less than such miraculous events as have been pouring in on us from the first of 156 THE WRITINGS OF [1797 our convening could have assuaged the fermentation produced in men's minds. In consequence of these events, what was the majority at first, is by degrees become the minority, so that we may say that in the Representatives moderation will govern. But noth ing can establish firmly the republican principles of our government but an establishment of them in Eng land. France will be the apostle for this. We very much fear that Gerry will not accept the mission to Paris. The delays which have attended this measure have left a dangerous void in our endeavors to pre serve peace, which can scarcely be reconciled to a wish to preserve it. I imagine we shall rise from the ist to the 3d of July. I am, Dear Sir, your friend and servant. P. S. The interruption of letters is becoming so notorious, that I am forming a resolution of declining correspondence with my friends through the channels of the post altogether. TO JAMES MADISON. mad. mss. Philadelphia, June 29. 97. The day of adjournment walks before us like our shadow. We shall rise on the 3d or 4th of July. Consequently I shall be with you about the 8th or 9th. The two houses have jointly given up the 9. small vessels. The Senate have rejected at the 3d reading their own bill authorizing the President to lay embargoes. They will probably reject a very un equal tax passed by the Repr. on the venders of wines & spirituous liquors (not in retail). They have 1797] THOMAS JEFFERSON. 157 passed a bill for postponing their next meeting to the constitutional day ; but whether the Repr. will con cur is uncertain. The Repr. are cooking up a stamp tax which it is thought themselves will reject. The fate of the bill for private armaments is yet undecided in the Senate. The expenses of the session are es timated at 80.000 Doll. — Monroe & family arrived here the day before yesterday, well. They will make a short visit to N. York & then set their faces home wards. My affectionate respects to Mrs. Madison, and salutations to yourself. Adieu. TO JAMES MADISON. j. mss. MONTICELLO, July 24. 97. In hopes that Mrs. Madison & yourself & Miss Madison will favor us with a visit when Colo Monroe calls on you, I write this to inform you that I have had the Shadwell & Secretary's ford both well cleaned. If you come the lower road, the Shadwell ford is the proper one. It is a little deepened but clear of stone & perfectly safe. If you come the upper road you will cross at the Secretary's ford, turning in at the gate on the road soon after you enter the 3. notched road. The draught up the mountain that way is steady but uniform. I see Hamilton has put a short piece into the papers in answer to Callender's publication, & promises shortly something more elaborate. I am anxious to see you here soon, because In about three weeks we shall begin to unroof our house, when the family will be obliged to go elsewhere for shelter. My affectionate respects to the family. Adieu. 158 THE WRITINGS OF [1797 PETITION TO VIRGINIA HOUSE OF DELEGATES.* j. mss. [Aug. 1797] To the Speaker and House of Delegates of the Commonwealth of Virginia, being a Protest against interference of Judiciary between Representative and Constituent. The petition of the subscribers, inhabitants of the counties of Amherst, Albemarle, Fluvanna, and Goochland, shevi^eth : That by the constitution of this State, established from its earliest settlement, the people thereof have professed the right of being governed by laws to which they have consented by repre sentatives chosen by themselves immediately : that in order to give to the will of the people the influence it ought to have, and the information which may enable them to exercise it usefully, it was a part of the common law, adopted as the law of this land, that their representatives, in the discharge of their functions, should be free from the cognizance or coercion of the co-ordinate branches. Judiciary and Executive ; and that their communica tions with their constituents should of right, as of duty also, be free, full, and unawed by any : that so necessary has this inter course been deemed in the country from which they derive prin cipally their descent and laws, that the correspondence between the representative and constituent is privileged there to pass free of expense through the channel of the public post, and that the proceedings of the legislature have been known to be arrested and suspended at times until the Representatives could go home to their several counties and confer with their constituents. That when, at the epoch of Independence, the constitution was formed under which we are now governed as a commonwealth, so high were the principles of representative government esteemed, that the legislature was made to consist of two branches, both of them chosen immediately by the citizens ; and that general system of laws was continued which protected the relations between the representative and constituent, and guarded the functions of the former from the control of the Judiciary and Executive branches. ' See letters to Madison, Mercer, and Monroe, vii, pp. 166 and 171. 1797] THOMAS JEFFERSON. 159 That when circumstances required that the ancient confedera tion of this with the sister States, for the government of their common concerns, should be improved into a more regular and effective form of general government, the same representative principle was preserved in the new legislature, one branch of which was to be chosen directly by the citizens of each State, and the laws and principles remained unaltered which privileged the representative functions, whether to be exercised in the State or General Government, against the cognizance and notice of the co-ordinate branches. Executive and Judiciary ; and for its safe and convenient exercise, the inter-communication of the repre sentative and constituent has been sanctioned and provided for through the channel of the public post, at the public expense. That at the general partition of this commonwealth into dis tricts, each of which was to choose a representative to Congress, the counties of Amherst, Albemarle, Fluvanna, and Goochland, were laid off into one district : that at the elections held for the said district, in the month of April, in the years 1795 and 1797, the electors thereof made choice of Samuel Jordan Cabell, of the county of Amherst, to be their representative in the legislature of the general government ; that the said Samuel Jordan Cabell ac cepted the office, repaired at the due periods to the legislature of the General Government, exercised his functions there as became a worthy member, and as a good and dutiful representative was in the habit of corresponding with many of his constituents, and communicating to us, by way of letter, information of the public proceedings, of asking and receiving our opinions and advice, and of contributing, as far as might be with right, to preserve the transactions of the general government in unison with the princi ples and sentiments of his constituents : that while the said Samuel J. Cabell was in the exercise of his functions as a repre sentative from this district, and was in the course of that corre spondence which his duty and the will of his constituents imposed on him, the right of thus communicating with them, deemed sacred under all the forms in which our government has hitherto existed, never questioned or infringed even by Royal judges or governors, was openly and directly violated at a Circuit court of the General Government, held at the citj- of Richmond, for the i6o THE WRITINGS OF [1797 district of Virginia, in the month of May of this present year, 1797 : that at the said court. A, B, &c., some of whom were foreigners, having been called upon to serve in the office of grand jurors before the said court, were sworn to the duties of said office in the usual forms of the law, the known limits of which duties are to make presentment of those acts of individuals which the laws have declared to be crimes or misdemeanors : that de parting out of the legal limits of their said office, and availing themselves of the sanction of its cover, wickedly and contrary to their fidelity to destroy the rights of the people of this common wealth, and the fundamental principles of representative govern ment, they made a presentment of the act of the said Samuel J. Cabell, in writing letters to his constituents in the following words, to wit : " We, of the grand jury of the United States, for the district of Virginia, present as a real evil, the circular letters of several members of the late Congress, and particularly letters with the signature of Samuel J. Cabell, endeavoring, at a time of real public danger, to disseminate unfounded calumnies against the happy government of the United States, and thereby to sepa rate the people therefrom ; and to increase or produce a foreign influence, ruinous to the peace, happiness, and independence of these United States." That the grand jury is a part of the Judiciary, not permanent indeed, but in office, /r(? hac vice and responsible as other judges are for their actings and doings while in office : that for the Judiciary to interpose in the legislative department between the constituent and his representative, to control them in the exercise of their functions or duties towards each other, to overawe the free correspondence which exists and ought to exist between them, to dictate what communications may pass between them, and to punish all others, to put the representative into jeopardy of criminal prosecution, of vexation, expense, and punishment before the Judiciary, if his communications, public or private, do not exactly square with their ideas of fact or right, or with their designs of wrong, is to put the legislative department under the feet of the Judiciary, is to leave us, indeed, the shadow, but to take away the substance of representation, which requires essen tially that the representative be as free as his constituents would 1797] THOMAS JEFFERSON i6i be, that the same interchange of sentiment be lawful between him and them as would be lawful among themselves were they in the personal transaction of their own business ; is to do away the in fluence of the people over the proceedings of their representatives by excluding from their knowledge, by the terror of punishment, all but such information or misinformation as may suit their own views ; and is the more vitally dangerous when it is considered that grand jurors are selected by officers nominated and holding their places at the will of the Executive : that they are exposed to influence from the judges who are nominated immediately by the Executive, and who, although holding permanently their com missions as judges, yet from the career of additional office and emolument actually opened to them of late, whether constitution ally or not, are under all those motives which interest or ambition inspire, of courting the favor of that branch from which appoint ments flow : that grand juries are frequently composed in part of by-standers, often foreigners, of foreign attachments and inter ests, and little knowledge of the laws they are most improperly called to decide on ; and finally, is to give to the Judiciary, and through them to the Executive, a complete preponderance over the legislature, rendering ineffectual that wise and cautious distri bution of powers made by the constitution between the three branches, and subordinating to the other two that branch which most immediately depends on the people themselves, and is re sponsible to them at short periods. That independently of these considerations of a constitutional nature, the right of free correspondence between citizen and citi zen on their joint interests, public or private, and under what soever laws these interests arise, is a natural right of every individual citizen, not the gift of municipal law, but among the objects for the protection of which municipal laws are instituted : that so far as the attempt to take away this natural right of free correspondence is an offence against the privileges of the legisla tive house, of which the said Samuel J. Cabell is a member, it is left to that house, entrusted with the preservation of its own priv ileges, to vindicate its immunities against the encroachments and usurpations of a co-ordinate branch ; but so far as it is an infrac tion of our individual rights as citizens by other citizens of our VOL. vn. — II i62 THE WRITINGS OF [1797 own State, the judicature of this commonwealth is solely compe tent to its cognizance, no other possessing any powers of redress : that the commonwealth retains all its judiciary cognisances not expressly alienated in the grant of powers to the United States as expressed in their constitution : that that constitution alienates only those enumerated in itself, or arising under laws or treaties of the United States made in conformity with its own tenor : but the right of free correspondence is not claimed under that consti tution nor the laws or treaties derived from it, but as a natural right, placed originally under the protection of our municipal laws, and retained under the cognizance of our own courts. Your petitioners further observe that though this crime may not be specifically defined and denominated by any particular statute, yet it is a crime, and of the highest and most alarming nature ; that the constitution of this commonwealth, aware it would sometimes happen that deep and dangerous crimes, pro nounced as such in the heart of every friend to his country and its free constitution, would often escape the definitions of the law, and yet ought not to escape its punishments, fearing at the same time to entrust such undescribed offences to the discretion of ordinary juries and judges, has reserved the same to the cog nizance of the body of the commonwealth acting by their repre sentatives in general assembly, for which purpose provision is made by the constitution in the following words, to wit : " The Governor, when he is out of office, and others offending against the State, either by mal-administration, corruption, or other means by which the safety of the State may be endangered, shall be im peachable by the House of Delegates. Such impeachment to be prosecuted by the Attorney General or such other person or per sons as the house may appoint in the general court, according to the laws of the land. If found guilty, he or they shall be either forever disabled to hold any office under government, or removed from such offices pro tempore, or subjected to such pains or penalties as the law shall direct." Considering then the House of Delegates as the standing inquest of the whole commonwealth so established by the consti tution, that its jurisdiction as such extends over all persons with in its limits, and that no pale, no sanctuary has been erected 1797] THOMAS JEFFERSON. 16 a against their jurisdiction to protect offenders who have commit ted crimes against the laws of the commonwealth and rights of its citizens : that the crime committed by the said grand jurors is of that high and extraordinary character for which the constitu tion has provided extraordinary procedure : that though the -violation of right falls in the first instance on us, your petitioners and the representative chosen immediately by us, yet in principle and consequence it extends to all our fellow-citizens, whose safety is passed away whenever their representatives are placed, in the exercise of their functions, under the direction and coer cion of either of the other departments of government, and one of their most interesting rights is lost when that of a free commu nication of sentiment by speaking or writing is suppressed : We, your petitioners, therefore pray that you will be pleased to take your constitutional cognizance of the premises, and institute such proceedings for impeaching and punishing the said A, B, &c., as may secure to the citizens of this commonwealth their constitutional right : that their representatives shall in the exercise of their functions be free and independent of the other depart ments of government, may guard that full intercourse between them and their constituents which the nature of their relations and the laws of the land establish, may save to them the natural right of communicating their sentiments to one another by speak ing and writing, and may serve as a terror to others attempting hereafter to subvert those rights and the fundamental principles of our constitution, to exclude the people from all direct influence over the government they have established by reducing that branch of the legislature which they choose directly, to a sub ordination under those over whom they have but an indirect, distant, and feeble control. And your petitioners further submit to the wisdom of the two houses of assembly whether the safety of the citizens of this commonwealth in their persons, their property, their laws, and government, does not require that the capacity to act in the im portant office of a juror, grand or petty, civil or criminal, should be restrained in future to native citizens of the United States, or such as were citizens at the date of the treaty of peace which closed our revolutionary war, and whether the ignorance of our i64 THE WRITINGS OF [1797 laws and natural partiality to the countries of their birth are not reasonable causes for declaring this to be one of the rights in communicable in future to adoptive citizens. We, therefore, your petitioners, relying with entire confidence on the wisdom and patriotism of our representatives in General assembly, clothed preeminently with all the powers of the people which have not been reserved to themselves, or enumerated in the grant to the General Government delegated to maintain all their rights and relations not expressly and exclusively transferred to other jurisdictions, and stationed as sentinels to observe with watchfulness and oppose with firmness all movements tending to destroy the equilibrium of our excellent but complicated machine of government, invoke from you that redress of our violated rights which the freedom and safety of our common country calls for. We denounce to you a great crime, wicked in its purpose, and mortal in its consequences unless prevented, committed by citizens of this commonwealth against the body of their country. If we have erred in conceiving the redress provided by the law, we commit the subject to the superior wisdom of this house to devise and pursue such proceedings as they shall think best ; and we, as in duty bound, shall every pray, &c. TO JAMES MADISON. mad. mss. MONTICELLO, Aug 3, 97. I scribbled you a line on the 24th ult ; it missed of the post, and so went by a private hand. I per ceive from yours by mr. Bringhurst, that you had not received It. In fact, it was only an earnest ex hortation to come here with Monroe, which I still hope you will do. In the meantime, I enclose you a letter from him, and wish your opinion on its principal subject. The variety of other topics the day I was with you, kept out of sight the letter to Mazzei im puted to me in the papers, the general substance of 1797] THOMAS JEFFERSON. 165 which is mine, tho' the diction has been considerably varied in the course of it's translations from English into Italian, from Italian into French, & from French into English. I first met with it at Bladensburg, and for a moment conceived I must take the field of the public papers. I could not disavow It wholly, because the greatest part was mine, in substance tho' not in form. I could not avow it as It stood, because the form was not mine, and, in one place, the substance very materially falsified. This, then, would render explanations necessary ; nay, it would render proofs of the whole necessary, & draw me at length Into a pubUcation of all (even the secret) transactions of the administration while I was of it ; and embroil me per sonally with every member of the Executive, with the Judiciary, and with others still, I soon decided in my own mind, to be entirely silent. I consulted with several friends at Philadelphia, who, every one of them, were clearly against my avowing or disavowing, & some of them conjured me most earnestly to let nothing provoke me to it. I corrected, in conversa tion with them, a substantial misrepresentation in the copy published. The original has a sentiment like this (for I have it not before me), " they are endeav oring to submit us to the substance, as they already have to the forms of the British government ; " mean ing by forms, the birth-days, levees, processions to parliament, inauguration pomposities, &c. But the copy published says, " as they have already submitted us to the for^n of the British," &c., making me ex press hostility to the form of our government, that Is i66 THE WRITINGS OF [1797 to say, to the constitution itself. For this is really the difference of the word form, used in the singular or plural, in that phrase, in the English language. Now it would be impossible for me to explain this publicly, without bringing on a personal difference between Genl Washington & myself, which nothing before the publication of this letter has ever done. It would embroil me also with all those with whom his character is still popular, that is to say, nine tenths of the people of the U S ; and what good would be ob tained by my avowing the letter with the necessary explanations ? Very little indeed, in my opinion, to counterbalance a good deal of harm. From my silence in this instance, it can never be inferred that I am afraid to own the general sentiments of the letter. If I am subject to either imputation, it is to that of avowing such sentiments too frankly both in private & public, often when there is no necessity for it, merely because I disdain everything like duplicity. Still, however, I am open to conviction. Think for me on the occasion, and advise me what to do, and confer with Colo Monroe on the subject. Let me entreat you again to come with him ; there are other important things to consult on. One will be his affair. Another is the subject of the petition now enclosed you, to be proposed to our district, on the late presentment of our representative by the grand jury : the idea it' brings forward is still confined to my own breast. It has never been mentioned to any mortal, because I first wish your opinion on the expediency of the measure. If you approve it, I shall 1797] THOMAS JEFFERSON. 167 propose to P. Carr or some other, to father it, and to present it to the counties at their general muster. This will be in time for our Assembly. The present ment going in the public papers just at the moment when Congress was together, produced a great effect both on it's friends & foes in that body, very much to the disheartening & mortification of the latter. I wish this petition, if approved, to arrive there under the same circumstance, to produce the counter-effect so wanting for their gratification. I could have wished to receive it from you again at our court on Monday, because P. Carr & Wilson Nicholas will be there, and might also be consulted, and commence measures for putting It into motion. If you can re turn it then, with your opinion and corrections, it will be of importance. Present me affectionately to mrs. Madison, & convey to her my entreaties to interpose her good offices & persuasives with you to bring her here, and before we uncover our house, which will yet be some weeks. Salutations & Adieu. TO ST. GEORGE TUCKER. J. mss. MONTICELLO, Aug 28, 97. Dear Sir, — I have to acknolege the receipt of your two favors of the 2d & 2 2d inst. and to thank you for the pamphlet covered by the former.^ You know my subscription to it's doctrines ; and to the mode of emancipation, I am satisfied that that must be a matter of compromise between the passions, the ' " Dissertation on Slavery." i68 THE WRITINGS OF [1797 prejudices, & the real difficulties which will each have their weight in that operation. Perhaps the first chapter of this history, which has begun in St. Domingo, & the next succeeding ones, which will re count how all the whites were driven from all the other islands, may prepare our minds for a peaceable accommodation between justice, policy & necessity ; & furnish an answer to the difficult question, whither shall the colored emigrants go ? and the sooner we put some plan underway, the greater hope there is that It may be permitted to proceed peaceably to it's ultimate effect. But if something is not done, & soon done, we shall be the murderers of our own children. The ' murmura venturos nautis prodentia ventos ' has already reached us ; the revolutionary storm, now sweeping the globe, will be upon us, and happy if we make timely provision to give It an easy passage over our land. From the present state of things In Europe & America, the day which begins our combustion must be near at hand ; and only a single spark is wanting to make that day to-morrow. If we had begun sooner, we might probably have been allowed a lengthier operation to clear ourselves, but every day's delay lessens the time we may take for emanci pation. Some people derive hope from the aid of the confederated States. But this is a delusion. There is but one state in the Union which will aid us sin cerely, if an insurrection begins, and that one may, perhaps, have it's own fire to quench at the same time. The facts stated in yours of the 2 2d, were not identically known to me, but others like them were. 1797] THOMAS JEFFERSON. 169 From the general government no interference need be expected. Even the merchant and navigator, the immediate sufferers, are prevented by various motives from wishing to be redressed. I see nothing but a State procedure which can vindicate us from the insult. It is in the power of any single magistrate, or of the Attorney for the Commonwealth, to lay hold of the commanding officer, whenever he comes ashore, for the breach of the peace, and to proceed against him by indictment. This is so plain an operation, that no power can prevent it's being carried through with effect, but the want of will in the officers of the State. I think that the matter of finances, which has set the people of Europe to thinking, is now advanced to that point with us, that the next step, & it is an unavoidable one, a land tax, will awaken our con stituents, and call for inspection into past proceedings. I am, with great esteem, dear Sir, your friend and servant. TO COLONEL ARTHUR CAMPBELL. J. mss. MONTICELLO, Sepr I, 97. Dear Sir, — I have to acknolege the receipt of your favor of July 4. and to recognize in it the senti ments you have ever held, & worthy of the day on which it is dated. It is true that a party has risen up among us, or rather has come among us, which Is endeavoring to separate us from all friendly connec tion with France, to unite our destinies with those of Great Britain, & to assimilate our government to theirs. Our lenity in permitting the return of the I70 THE WRITINGS OF [1797 old tories, gave the first body to this party ; they have been increased by large importations of British mer chants and factors, by American merchants dealing on British capital, and by stock dealers & banking companies, who, by the aid of a paper system, are en riching themselves to the ruin of our country, and swaying the government by their possession of the printing presses, which their wealth commands, and by other means, not always honorable to the character of our countrymen. Hitherto, their influence & their system has been irresistible, and they have raised up an Executive power which is too strong for the legis lature. But I flatter myself they have passed their zenith. The people, while these things were doing, were lulled into rest and security from a cause which no longer exists. No prepossessions now will shut their ears to truth. They begin to see to what port their leaders were steering during their slumbers, and there is yet time to haul in, if we can avoid a war with France. All can be done peaceably, by the people confiding their choice of Representatives & Senators to persons attached to republican government & the principles of 1776, not office-hunters, but farmers, whose interests are entirely agricultural. Such men are the true representatives of the great American in terest, and are alone to be relied on for expressing the proper American sentiments. We owe gratitude to France, justice to England, good will to all, and subservience to none. All this must be brought about by the people, using their elective rights with pru dence & self-possession, and not suffering themselves to be duped by treacherous emissaries. It was by 1797] THOMAS JEFFERSON. 171 the sober sense of our citizens that we were safely and steadily conducted from monarchy to republicanism, and it is by the same agency alone we can be kept from falling back. I am happy in this occasion of reviving the memory of old things, and of assuring you of the continuance of the esteem & respect of, dear Sir, your friend and servant. TO JOHN FRANCIS MERCER. j. mss. MONTICELLO, September 5, 1797. * * * We have now with us our friend Monroe. He is engaged in stating his conduct for the informa tion of the public. As yet, however, he has done little, being too much occupied with re-arranging his household. His preliminary skirmish with the Secre tary of state has, of course, bespoke a suspension of the public mind, till he can lay his statement before them. Our Congressional district is fermenting under the presentment of their representative by the Grand jury : and the question of a Convention for forming a State Constitution will probably be attended to In these parts. These are the news of our canton. Those of a more public nature you know before we do. My best respects to mrs. Mercer, and assurances to yourself of the affectionate esteem of, dear Sir, your friend and servant. TO JAMES MONROE. J. mss. MONTICELLO, Sep 7, 97. The doubt which you suggest as to our jurisdiction over the case of the grand jury vs. Cabell, had occurred to me, & naturally occurs on first view of the ques- 172 THE WRITINGS OF [1797 tion. But I knew, that to send the petition to the Ho of Represent, in Congress, would make bad worse ; that a majority of that House would pass a vote of approbation. On examination of the ques tion, too. It appeared to me that we could maintain the authority of our own government over it. A right of free correspondence between citizen & citizen, on their joint interests, whether public or private, & under whatsoever laws these interests arise, (to wit, of the state, of Congress, of France, Spain, or Turkey), is- a natural right ; it is not the gift of any municipal law, either of England, or of Virginia, or of Congress ; but In common with all our other natural rights, is one of the objects for the protection of which society is formed, & municipal laws estab lished. The courts of this commonwealth (and among them the General court, as a court of impeachment) are originally competent to the cognizance of all infrac tions of the rights of one citizen by another citizen ; and they still retain all their judiciary cognizances not expressly alienated by the federal constitution. The federal constitution alienates from them all cases arising, ist, under that constitution ; 2dly, under the laws of Congress ; 3dly, under treaties, &c. But this right of free correspondence, whether with a public representative in General assembly, in Con gress, in France, in Spain, or with a private one charged with a pecuniary trust, or with a private friend the object of our esteem, or any other, has not been given to us under, ist, the federal constitution ; 1797] THOMAS JEFFERSON. 173 2dly, any law of Congress ; or 3dly, any treaty ; but as before observed, by nature. It is therefore not alienated, but remains under the protection of our courts. Were the question even doubtful, it is no reason for abandoning it. The system of the General government, is to seize all doubtful ground. We must join in the scramble, or get nothing. Where first occupancy is to give a right, he who lies still loses all. Besides, it is not right for those who are only to act in a preliminary form, to let their own doubts preclude the judgment of the court of ultimate decision. We ought to let it go to the Ho of delegates for their consideration, & they, unless the contrary be palpable, ought to let it to go to the General court, who are ultimately to decide on it. It is of immense consequence that the States retain as complete authority as possible over their own citizens. The withdrawing themselves under the shelter of a foreign jurisdiction, is so subversive of order and so pregnant of abuse, that it may not be amiss to consider how far a law oi prcemunire should be revived & modified, against all citizens who attempt to carry their causes before any other than the State courts, in cases where those other courts have no right to their cognizance. A plea to the jurisdiction of the courts of their State, or a reclamation of a foreign jurisdiction, if adjudged valid, would be safe ; but if adjudged invalid, would be followed by the punishment of pmmunire for the attempt. Think further of the preceding part of this letter, and we will have further conference on it. Adieu. 174 THE WRITINGS OF [1797 P. S. Observe, that it is not the breach of mr. Cabell's privilege which we mean to punish : that might lie with Congress. It is the wrong done to the citizens of our district. Congress has no authority to punish that wrong. They can only take cognizance of it in vindication of their member. TO ALEXANDER WHITE. j. mss. MONTICELLO, Sept. 10, 97. Dear Sir,— So many persons have of late found an interest or a passion gratified by imputing to me say ings and writings which I never said or wrote, or by endeavoring to draw me into newspapers to harass me personally, that I have found it necessary for my quiet & my other pursuits to leave them in full pos session of the field, and not to take the trouble of contradicting them in private conversation. If I do it now. It Is out of respect to your application, made by private letter & not thro' the newspapers, & under the perfect assurance that what I write to you will not be permitted to get into a newspaper, while you are at full liberty to assert it in conversation under my authority. I never gave an opinion that the Government would not remove to the federal city. I never enter tained that opinion ; but on the contrary, whenever asked the question, I have expressed my full confi dence that they would remove there. Having had frequent occasion to declare this sentiment, I have endeavored to conjecture on what a contrary one 1797] THOMAS JEFFERSON. 175 could have been ascribed to me. I remember that In Georgetown, where I passed a day in February in conversation with several gentlemen on the prepara tions there for receiving the government, an opinion was expressed by some, & not privately, that there would be few or no private buildings erected in Washington this summer, and that the prospect of their being a sufficient number in time, was not flat tering. This they grounded on the fact that the persons holding lots, from a view to increase their means of building, had converted their money at low prices, into Morris & Nicholson's notes, then pos sessing a good degree of credit, & that having lost these by the failure of these gentlemen, they were much less able to build than they would have been. I then observed, and I did it with a view to excite exertion, that if there should not be private houses in readiness sufficient for the accommodation of Con gress & the persons annexed to the Government, It could not be expected that men should come there to lodge, like cattle, in the fields, and that It highly be hooved those interested in the removal to use every exertion to provide accommodations. In this opinion, I presume I shall be joined by yourself & every other. But delivered, as it was, only on the hypothesis of a fact stated by others, it could not authorize the asser tion of an absolute opinion, separated from the state ment of fact on which it was hypothetlcally grounded. I have seen no reason to believe that Congress have changed their purpose with respect to the removal. Every public indication from them, & every sentiment 176 THE WRITINGS OF [1797 I have heard privately expressed by the members, convinces me they are steady in the purpose. Being on this subject, I will suggest to you, what I did pri vately at Georgetown to a particular person, in con fidence that it should be suggested to the managers, if In event it should happen that there should not be a sufficiency of private buildings erected within the proper time, would it not be better for the commis sioners to apply for a suspension of the removal for one year, than to leave it to the hazard which a con trary interest might otherwise bring on it ? Of this however you have yet two summers to consider, and you have the best knolege of the circumstances on which a judgment may be formed whether private accommodations will be provided. As to the public buildings, every one seems to agree that they will be in readiness. I have for five or six years been encouraging the opening a direct road from the Southern part of this State, leading through this county to Georgetown. The route proposed is from Georgetown by Colol. Alexander's, Elk-run Church, Norman's Ford, Stevensburg, the Racoon Ford, the Marquis's Road, Martin Key's Ford on the Rivanna, the mouth of Slate River, the high bridge on Appomattox, Prince Edward C. H., Charlotte C. H., Cole's ferry on Stanton, Dix's ferry on Dan, Guilford C. H., Salis bury, Croswell's ferry on Saluda, Ninety-six, Augusta. It is believed this road will shorten the distance along the continent 100. miles. It will be to open anew only from Georgetown to Prince Edward courthouse. 1797] THOMAS JEFFERSON. 177 An actual survey has been made from Stevensburg to Georgetown, by which that much of the road will be shortened 20. miles, & be all a dead level. The difficulty is to get it first through Fairfax & Prince William. The counties after that will very readily carry it on. We consider it as opening to us a direct road to the market of the federal city, for all the beef & mutton we could raise, for which we have no market at present. I am in possession of the survey, & had thought of getting the Bridge co at George town to undertake to get the road carried through Fairfax & Prince William, either by those counties or by themselves. But I have some apprehension that by pointing our road to the bridge, it might get out of the level country, and be carried over the hills, which will be but a little above it. This would be inadmissible. Perhaps you could suggest some means of our getting over the obstacle of those two counties. I shall be very happy to concur in any measure which can effect all our purposes. I am with esteem, dear Sir, your most obedient servant. TO JAMES MONROE. J- '^^^• MONTICELLO Oct. 25. 97. I like your second title better than the first because it is shorter. I should like the following better than either : " The Foreign affairs of the U. S. during the years 1794.5.6. laid before his fellow citizens by J. M. their late M. P. to the Republic of France." The reason of my preference is that it implies no inculpa- VOL. vn.— II 178 THE WRITINGS OF [1797 tion of the Executive. Such an implication will de termine prejudiced men against buying or reading the book. The following title would be better but for one reason : " An account of the foreign affairs of the U. S. during the years 1794.5.6 rendered to his fellow citizens by J. M. their late M. P. to the Re public of France," but that it would raise the old hue and cry against the attempt to separate the people from their government. For this reason it might be questionable whether the words " laid before his fel low citizens " In the first title I propose, had not better be omitted. In that case the words " a view of " should be premised, so as to make it " a view of the Foreign affairs of the U. S. during &c. — by J. M. &c. Decide among them. I should not be for publishing the long letters from the Secy of State to Fauchet, & Hammond, because they were no part of your business & because they are already printed by the Executive. Perhaps It would be well to refer in a note to E. R.'s letter to you that it enclosed such and such letters which may be seen in such a publication, quoting the pages. I rather think that to you relative to Fenwick ought to be published i. because it is to you. 2. because it will show how vigorous they were when the English interests were affected. 3. because it was a malversa tion in Fenwick if true, & ought to be published for the honor of the U. S. Sz; warning to other consuls. Sklpwith's report might be referred to as already printed. As to the question whether a Minister is that of his country or of G. W. or J. A. I do not 1797] THOMAS JEFFERSON. 179 think will need a very formal discussion. A bare statement of it with a few such strong observations as will occur currente calamo, will suffice. Still It is necessary to be stated, to bring indolent readers to reflection. Appearances might otherwise lead them astray. Adieu. TO JOHN WAYLES EPPES. J. mss. Philadelphia Dec. 21. 97. Presuming that you get the newspapers I shall not repeat the public news which they detail. The great victory obtained by the English over the Dutch fleet is placed beyond doubt. They have taken 9. out of 16. As to the proceedings of Congress, they have passed a bill putting off the commencement of the Stamp act till July next. The land tax will not be taken up this session. It is suspected that the ap proaching elections have had as much influence in both these measures, as the condition of the Treasury, which is said to be better than was expected. Con gress therefore have absolutely nothing to do, but to wait for news from our Parisian envoys. If that is of a peaceable aspect I know nothing which ought to keep us long from home. And thai; it will be of peaceable aspect there is solid reason to expect, not withstanding the newspaper paragraphs of a contrary import, fabricated to give a hostile impulse to Con gress. We learn from Norfolk that Barry is made Judge of Admiralty in the French West Indies, & has forbidden the capture of any American vessels except going to rebel ports. This looks as If they i8o THE WRITINGS OF [1797 wish to distinguish between real American vessels, & English ones under American papers. They suppose & probably that Barry will be able to distinguish them. I send according to your desire Paine's letter. In my next I will enclose another pamphlet on the same subject. Monroe's book appears this day. It is of near 500. pages, consequently too large to go by post. Bache will send on 2. or 300 copies to Rich mond. I have put on board Stratton's schooner an anvil, vice & beek-iron for George, proposing as soon as he receives them, that Isaac shall take those he has. We had hoped 2. or 3. days ago that the vessels here would have got out. But the weather has now set in so as to render it doubtful whether they are not shut for the winter. If so, it will be February before these things get on. You would do well to employ Isaac in the meantime in preparing coal for his year's work. He should have about 2000. bushels laid in. Nor will it be amiss to cord his wood in order to excite him to an emulation in burning it well. I am in hopes you or mr. Randolph will prepare for the road contract. It is very interesting to us all. Tell my dear Maria I received her letter of the 8th from Chestnut Grove this day. I will write to her next. In the meantime convey to her the warmest expressions of my love. Present me affectionately to mr. & mrs. Eppes & to all the younger ones. Adieu with sincere affection. P. S. I am entirely at a loss to what post office to direct your letters. I have conjectured you have most intercourse with Petersburg. 1797] THOMAS JEFFERSON. i8i TO JOHN TAYLOR J. mss. Philadelphia Dec. 23. 97. Dear Sir — * * * Our stamp act Is put off till July next. The land tax will also be put off. The approach of the elections may have had its weight in both these measures. The affluence of the Treasury has rendered it possible to go on a year longer without a land tax. The questions about beginning a Navy & permitting our merchants (alias the English merchants) to arm & begin the war for us, must of course be discussed, because the speech has recommended these measures. But I see no reason to apprehend any change in the opinion of Congress on these points since the sum mer session. These therefore & Blount's impeach ment will serve to give us an appearance of business for sometime. For an honest truth I believe every man here acknoleges we have nothing to do : that there is literally nothing which the public good re quires us to act upon. As we are together, I think myself we ought not to separate till we hear from our envoys at Paris & I think we may expect by the last of January not only to hear from them, but to see what is likely to be the aspect of our affairs with France. If peaceable, I know no reason why we should not go home Immediately, & economise some thing on the daily expenses of our session, which in truth are enormous. The French envoy here tells me he has a letter from his government mentioning that they expect our envoys & that they will be well received. A pamphlet written by Fauchet is come here. I have not read it but I understand that the i82 THE WRITINGS OF [1797 sum of it is that our Executive are the enemies of France, our citizens generally friendly, but that the mutual Interests of both countries require a continu ance of friendly Intercourse between the two republics. A bill extending for three years the law respecting foreign coins has passed the representatives with some difficulty & may possibly fail in the Senate. Whether \illegible\ fears for the mint or whether ground \illegible'\ I know not. But if it fails we are left almost without a coin for legal tenders. As you are in session it behooves you to see that your laws fixing the value of foreign coin & making them a ten der are in [illegible'] footing. By the constitution Congress may regulate the value of foreign coin, but if they do not do it, the old power revives to the state, the Constitution only forbidding them to make anything but gold & silver coin a tender in payment of debts. This construction is admitted here by per sons not disposed to give to the states more powers than they are entitled to. Adieu. Affectionately. TO JAMES MONROE. j. mss. Philadelphia, Dec. 27, 97. Dear Sir, — I communicated to Mr. M. the even ing I was with him the papers you sent by me for Mr. D. He was clearly of opinion nothing further ought to be done. D. was decisively of the same opinion. This being the case then there was no ground for consulting L. or B. & accordingly nothing has been 1797] THOMAS JEFFERSON 183 said to them. Your book was later coming than was to have been wished : however It works irresistably. It would be very gratifying to you to hear the un qualified eulogies both on the matter & manner by all who are not hostile to it from principle. A pamphlet written by Fauchet (and now reprinting here) reinforced the views you have presented of the duplicity of the administration here. The Republi can party in the H. of Representatives is stronger than its antagonistic party in all strong questions. Today on a question to put off a bill for permitting private vessels to arm, it was put off to the ist Mon day of Feb. by 40. to 37. & on a motion to reconsider was confirmed by 44. to 38. We have half a dozen members absent, who If here would give decisive pre ponderance. Two of these are of our state, Giles & Cabell. The stamp act is put off to July, & the Land tax will not be touched this session. Before the next the elections will be over. We have therefore liter ally nothing to do, but to await intelligence from our envoys at Paris, & as soon as we learn that our affairs there will be of peaceable aspect (as there is reason to expect) I see nothing which ought to keep us here. The question about building a navy, to be sure must be discussed out of respect to the speech : but it will only be to reject them. A bill has passed the representatives giving three years longer currency to foreign coins. It is in danger in the Senate. The effect of stopping the currency of gold & silver is to force bank paper through all the states. However I presume the state legislatures will exercise their ac- i84 THE WRITINGS OF [1797 knoleged right of regulating the value of foreign coins, when not regulated by Congress, & their exclusive right of declaring them a tender. The Marquis Fay ette was expected in the ship John from Hamburg. She is cast away in this river. 70 passengers were said to be got ashore & the rest still remaining on the wreck, but we do not know that he was actually a passenger. Some late elections have been remarka ble. Lloyd of Maryland in the place of Henry by a majority of i. against Winder the Republican candi date. Chipman, Senator of Vermont, by a majority of I. against J. Smith the Republican candidate. Tichenor chosen governor of Vermont by a small majority against the Republican candidate. Gov ernor Robertson of that state writes that the people there are fast coming over to a sound understanding of the state of our affairs. The same is said of some other of the N. England states. In this state that spirit rises very steadily. The Republicans have a firm majority of about 6. in the H. of Representatives here, a circumstance which has not been seen for some years. Even their Senate is purifying. The contest for the government will be between McKean & Ross, & will probably be an extreme hard one. In N. York it will be the same between Livingston & Jay, who is becoming unpopular with his own party. We are anxious to see how the N. York representa tives are. The dismission of Tench Coxe from office without any reason assigned is considered as one of the bold acts of the President. Tant mieux. As soon as Fauchet's pamphlet appears I will send you a copy. 1798] THOMAS JEFFERSON. 185 Your book so far has sold rapidly. I received from mr. Madison paper for 500 D. for you, which will be paid in the course of a few weeks. I shall desire Barnes to receive and hold it subject to your order. Present me respectfully to mrs. Monroe & accept assurances of my sincere friendship. Adieu. TO JOHN PAGE. j. mss. Philadelphia Jan. i. 1798. My dear Page, — You have probably seen or heard of some very abusive letters addressed to me In the publick papers by a mr. Martin of Baltimore on the subject of Logan's speech cited in the notes on Vir ginia. I do not mean to notice mr. Martin or to go into the newspapers on the subject, but I am still anxious to inquire into the foundation of that story, and If I find anything wrong in it it shall be corrected, & what is right supported either in some new edition of that work or in an Appendix to it. You & I were so much together about the year 1774, that I take for granted that whatsoever I heard you heard also, & therefore that your memory can assist mine In rec ollecting the substance of the story, how it came to us, & who could now be applied to to give informa tion relative to it. You were more in Ld Dunmore's & Foy's company than I was, & probably heard more of it from that family than I did. I must pray you to rub up your recollection & communicate to me as fully as you can what you can recall to your mind relative to it. & if you can procure me the evidence, i86 THE WRITINGS OF [1798 or the recollections of any other persons on it, it will much oblige me. We have now been met 7. weeks & have done nothing except put off the stamp act to July next. Nor does it seem as if there would be anything to do. We are waiting for news from France. A letter from Talleyrand (French Minister of Foreign Affairs) to mr. Le Tombe consul here, dated the day after the arrival of our ministers at Paris, says they will be well received, & that every disposition exists on the side of France to accommo date their differences with us. I imagine you will have seen Monroe's work, as many copies were sent to Richmond by Bache. We hourly expect Fauchet's pamphlet from the same press. I will send you a copy. Present me respectfully to mrs. Page & accept assurances of the constant friendship of my Dear Sir, Yours affectionately. TO MANN PAGE. j. mss. Philadelphia, Jan. 2, 1798. Dear Sir, — I do not know whether you have seen some very furious abuse of me in the Baltimore papers by a mr. Luther Martin, on account of Logan's speech, published in the " Notes on Virginia." He supposes both the speech & story made by me to support an argument against Buffon. I mean not to enter into a newspaper contest with mr. Martin ; but I wish to collect, as well as the lapse of time will permit, the evidence on which we received that story. It was brought to us I remember by Ld Dunmore & his offi- 1798] THOMAS JEFFERSON. 187 cers on their return from the expedition of 1774. I am sure it was from them that I got it. As you were very much in the same circle of society in Wmsburg with myself, I am in hopes your memory will be able to help out mine, and recall some facts which have escaped me. I ask it as a great favor of you to en deavor to recollect, & to communicate to me all the circumstances you possibly can relative to this matter, particularly the authority on which we re ceived it, & the names of any persons who you think can give me information. I mean to fix the fact with all possible care and truth, and either to establish or correct the former statement in an Appendix to the " Notes on Virginia," or in the first republication of the work. Congress have done nothing interesting except postponing the Stamp Act. An act continuing the currency of the foreign coins 3. years longer has passed the Representatives, but was lost in the Senate. We have hopes that our envoys will be re ceived decently at Paris, and some compromise agreed on. There seems to be little appearance of peace In Europe. Those among us who were so timid when they apprehended war with England, are now bold in propositions to arm. I do not think however that the Representatives will change the policy pursued by them at their summer session. The land tax will not be brought forward this year. Congress of course have no real busines to be employed on. We may expect in a month or six weeks to hear so far from our commissioners at Paris as to judge what will be i88 THE WRITINGS OF [1798 the aspect of our situation with France. If peace able, as we hope, I know of nothing which should keep us together. In my late journey to this place, I came through Culpeper & Prince William to Georgetown. When I return, it will be through the eastern shore (a country I have never seen), by Nor folk & Petersburg ; so that I shall fail then also of the pleasure of seeing you. Present my respectful compliments to mrs. Page, and accept assurances of the sincere esteem of, dear Sir, your friend and servant. TO JAMES MADISON. mad. mss. P. Jan, 3, 1798. Dear Sir, — * * * Our weather has been here, as with you, cold & dry. The thermometer has been at 8°. The river closed here the first week of December, which has caught a vast number of vessels destined for departure. It deadens also the demand for wheat. The price at New York is 1.75 & of flour 8.50 to 9. ; to bacco II. to 12. D. ; there need be no doubt of greater prices. The bankruptcies here continue : the prison is full of the most reputable merchants, & it is under stood that the scene has not yet got to its height. Prices have fallen greatly. The market is cheaper than it has been for 4. years. Labor & house rent much reduced. Dry goods somewhat. It is expected they will fall till they get nearly to old prices. Money scarce beyond all example. The Representatives have rejected the President's proposition for enabling him to prorogue them. A 1798] THOMAS JEFFERSON. 189 law is passed putting off the stamp act till July next. The land tax will not be brought on. The Secretary of the Treasury says he has money enough. No doubt these two measures may be taken up more boldly at the next session, when most of the elections will be over. It is imagined the stamp act will be ex tended or attempted on every possible object. A bill has passed the Rep to suspend for 3. years the law arresting the currency of foreign coins. The Senate propose an amendment, continuing the cur rency of the foreign gold only. Very possibly the bill may be lost. The object of opposing the bill is to make the French crowns a subject of speculation (for it seems they fell on the President's proclamation to a Dollar in most of the states), and to force bank paper (for want of other medium) through all the states generally. Tench Coxe is displaced & no rea son ever spoken of. It is therefore understood to be for his activity during the late election. It is said, that the people from hence quite to the Eastern ex tremity are beginning to be sensible that their govern ment has been playing a foul game. In Vermont, Chipman was elected Senator by a majority of one, against the republican candidate. In Maryland, Lloyd by a majority of one, against Winder the republican candidate. Tichenor chosen Governor of Vermont by a very small majority. The house of Representa tives of this state has become republican by a firm majority of 6. Two counties, it is said, have come over generally to the republican side. It is thought the republicans have also a majority in the N York 190 THE WRITINGS OF [1798 H of representatives. Hard elections are expected there between Jay & Livingston, & here between Ross & McKean. In the H of Representatives of Congress, the republican interest has at present, on strong questions, a majority of about half a dozen, as is conjectured, & there are as many of their firmest men absent ; not one of the anti-republicans is from his post. The bill for permitting private vessels to arm, was put off to the ist Monday in February by a sudden vote, & a majority of five. It was considered as an index of their dispositions on that subject, tho some voted both ways on other ground. It is most evident, that the anti-republicans wish to get rid of Blount's impeachment. Many metaphysical niceties are handing about in conversation, to shew that it cannot be sustained. To show the contrary, It is evi dent must be the task of the republicans, or of no body. Monroe's book is considered as masterly by all those who are not opposed in principle, and It is deemed unanswerable. An answer, however, is com menced In Fenno's paper of yesterday, under the sig nature of Scipio. The real author not yet conjec tured. ' As I take these papers merely to preserve them, I will forward them to you, as you can easily return them to me on my arrival at home ; for I shall not see you on my way, as I mean to go by the East ern Shore & Petersburg. Perhaps the paragraphs in some of these abominable papers may draw from you now & then a squib. A pamphlet of Fauchet's ap peared yesterday. I send you a copy under another ' Scipio was Uriah Tracy, and the letters were afterwards collected in book form. 1798] THOMAS JEFFERSON. 191 cover. A handbill is just arrived here from N Y, where they learn from a vessel which left Havre about the 9th of Nov, that the emperor had signed the de finitive articles, given up Mantua, evacuated Mentz, agreed to give passage to the French troops Into Hanover, and that the Portuguese ambassador had been ordered to quit Paris, on account of the seizure of fort St. Julian's by the English, supposed with the connivance of Portugal. Tho this is ordinary mer cantile news, it looks like truth. The latest official intelligence from Paris, is from Talleyrand Perlgord to the French consul here, (Letombe,) dated Sep 28, saying that our Envoys were arrived, & would find every disposition on the part of his government to accommodate with us. TO JAMES MADISON. j. mss. Philadelphia, January 25, 1798. Dear Sir, — I wrote you last on the 2d inst, on which day I received yours of Deer 25. I have not resumed my pen, because there has really been nothing worth writing about, but what you would see In the newspapers. There is, as yet, no certainty what will be the aspect of our affairs with France. Either the Envoys have not written to the govern ment, or their communications are hushed up. This last is suspected, because so many arrivals have hap pened from Bordeaux & Havre. The letters from American correspondents in France have been always to Boston ; & the experience we had last summer of 192 THE WRITINGS OF [1798 their adroitness In counterfeiting this kind of Intelli gence, inspires doubts as to their late paragraphs. A letter is certainly received here by an individual from Talleyrand, which says our Envoys have been heard, that their pretensions are high, that possibly no ar rangement may take place, but that there will be no declaration of war by France. It is said that Bour- nonville has written that he has hopes of an accom modation (3. audiences having then, Nov, been had), and to be himself a member of a new diplomatic mis sion to this country. On the whole, I am entirely suspended as to what is to be expected. The repre sentatives have been several days In debate on the bill for foreign intercourse. A motion has been made to reduce it to what it was before the extension of 1 796. The debate will probably have good effects, in several ways, on the public mind, but the advocates for the reformation expect to lose the question. They find themselves deceived in the expectation enter tained in the beginning of the session, that they had a majority. They now think the majority Is on the other side by 2. or 3., and there are moreover 2. or 3. of them absent. Blount's affair is to come on next. In the mean time the Senate have before them a bill for regulating proceedings in impeachment. This will be made the occasion of offering a clause for the introduction of juries into these trials. (Compare the paragraph in the constitution which says, that the trial of all crimes, except in cases of impeachment, shall be by jury, with the viiith amendment, which says, that in all criminal prosecutions the trial shall be by jury.) 1798] THOMAS JEFFERSON. 193 There is no expectation of carrying this ; because the division in the Senate is of 2. to i., but it will draw forth the principles of the parties, and concur in accumulating proofs on which side all the sound principles are to be found. Very acrimonious altercations are going on between the Spanish minister & the Executive, and at the Natchez something worse than mere altercation. If hostilities have not begun there, it has not been for want of endeavors to bring them on by our agents. Marshall, of Kentucky, this day proposed in Senate some amendments to the constitution. They were barely read just as we were adjourning, & not a word of explanation given. As far as I caught them in my ear, they went only to modifications of the elections of President & V President, by authorizing voters to add the office for which they name each, & giving to the Senate the decision of a disputed election of President, & to the Representatives that of Vice President. But I am apprehensive I caught the thing imperfectly, & probably incorrectly. Perhaps this occasion may be taken of proposing again the Virginia amendments, as also to condemn elections by the legislatures, themselves to transfer the power of trying impeachments from the Senate to some better constituted court, &c., &c. Good tobo here is 13. doll., flour 8.50, wheat 1.50, but dull, because only the millers buy. The river, however, is nearly open, & the merchants will now come to market & give a spur to the price. But their competition will not be what it has been. Bankrupt- VOL. VII.— 13 194 THE WRITINGS OF [1798 cies thicken, & the height of them has by no means yet come on. It is thought this winter will be very trying. Friendly salutations to mrs. Madison. Adieu affec tionately. January 28. I enclose Marshall's propositions. They have been this day postponed to the ist of June, chiefly by the vote of the anti-republicans, under the acknoleged fear that other amendments would be also proposed, and that this is not the time for agitat ing the public mind. TO HENRY TAZEWELL. j.mss. Jan. 27. 98. As you mentioned that some of your Commee ad mitted that the introduction of juries into trials by impeachment under the Vlllth amendment depended on the question Whether an impeachment for a mis demeanor be a criminal prosecution ? I devoted yesterday evening to the extracting passages from Law authors showing that in Law-language the term crime is in common use applied to misdemeanors, & that impeachments, even when for misdemeanors only are criminal prosecutions. These proofs were so numerous that my patience could go no further than two authors, Blackstone & Wooddeson. They shew that you may meet that question without the danger of being contradicted. The constitution closes the proofs by explaining its own meaning when speaking of impeachments, crimes, misdemeanors. 1798] THOMAS JEFFERSON. 195 The object in supporting this engraftment into im peachments is to lessen the dangers of the court of impeachment under its present form & to induce dis positions in all parties in favor of a better constituted court of impeachment, which I own I consider as an useful thing, if so composed as to be clear of the spirit of faction. Do not let the enclosed paper be seen in my handwriting. TO JAMES MADISON. mad. mss. Philadelphia, Feb. 8, 98. I wrote you last on the 25th Ult; since which yours of the 21st has been received. Bache had put 500. copies of Monroe's book on board a vessel, which was stopped by the early & unexpected freezing of the river. He then tried in vain to get them carried by fifties at a time, by the stage. The river is now open here, the vessels have fallen down, and if they can get through the ice below, the one with Bache's packet will soon be at Richmond. It is sur mised here that Scipio is written by C. Lee. Articles of impeachment were yesterday given in against Blount. But many knotty preliminary questions will arise. Must not a formal law settle the oath of the Senators, forms of pleadings, process against person & goods, &c. ? May he not appear by attorney ? Must he not be tried by jury? Is a Senator im peachable? Is an ex-Senator impeachable? You will readily conceive that these questions, to be 196 THE WRITINGS OF [1798 settled by 29. lawyers, are not likely to come to speedy issue. A very disagreeable question of privi lege has suspended all other proceedings for several days. You will see this in the newspapers. The question of arming was to have come on, on Monday last ; that morning, the President sent in an inflam matory message about a vessel taken & burnt by a French privateer, near Charleston. Of this he had been possessed some time, and it had run through all the newspapers. It seemed to come in very apropos for spurring on the disposition to arm. However, the question is not come on. In the meantime, the general spirit, even of the merchants, is becoming adverse to it. New Hampshire & Rhode island are unanimously against arming ; so is Baltimore. This place becoming more so. Boston divided & despond ing. I know nothing of New York ; but I think there is no danger of the question being carried, unless something favorable to it is received from our Envoys. From them we hear nothing. Yet it seems reasona bly believed that the Executive has heard, & that it is something which would not promote their views of arming. For every action of theirs shews they are panting to come to blows. Walker's bill will be ap plied to answer a draught of Colo. Monroe's on Barnes. I have not heard yet from Bailey. I wrote to you about procuring a rider for the Fredsbg post. The proposition should be here by the 14th inst, but I can get it kept open a little longer There is no bidder yet but Green, the printer. ^^100 Virga. will be given. Giles has arrived. 1798] THOMAS JEFFERSON. 197 TO JAMES MONROE. mon. mss. [Post marked, Feby 8, 1798] I received yesterday by mr. Giles yours of Jan. 27, and am well pleased with the Indications of republican ism in our assembly. Their law respecting the printer is a good one. I only wish they would give the printing of the laws to one & journals to another. This would secure two, as each portion of the business would be object enough to the printer, and two places in their gift would keep within bounds the other printers also who would be in expectancy of catching something in case of either vacancy. Bache was pre vented sending 500 copies of your book to Richmond by the freezing of this river after they were aboard the vessel. He tried in vain to get boxes of fifties carried on by the stages. However, the river is now open here, the vessels have fallen down, and if they find it open below, that with Bache's packets will soon be in Richmond. It has been said here that C. Lee was the author of Scipio, but I know of no authority for it. I had expected Hamilton would have taken the field, and that in that case you might have come forward yourself very shortly merely to strengthen and present in a compact view those points which you expected yourself they would lay hold of, particularly the disposition expressed to acquiesce under their spoiliatory decree. Scipio's attack is so weak as to make no impression. I understand that the opposite party admit that there Is nothing in your conduct which can be blamed, except the divulging secrets : & this I think might be answered by a few 198 THE WRITINGS OF [1798 sentences, discussing the question whether an Ambas sador is the representative of his coun.try or of the President. Barnes has accepted your bill. As to the question of your practising the law in Richmond, I have been too long out of the way in Virginia to give an opinion on it worth attention. I have understood the business is very profitable, much more so than in my time : and an opening of great importance must be made by the retirement of Marshall & Washington, which will be filled by somebody. I do expect that your farm will not sufficiently employ your time to shield you from ennui. Your mind is active, & would suffer if unemployed. Perhaps it's energies could not be more justifiably employed than for your own comfort. I should doubt very much however, whether you should combine with this the idea of living in Richmond, at least till you see farther before you. I have always seen that tho' a residence at the seat of government gave some advantages yet it increased expences also so seriously as to overbalance the advantages. I have always seen too that a good stand in the country intercepted more business than was shared by the residents of the city. Yours is a good stand. You need only visit Staunton Cts. some times to put yourself in the way of seeing clients. — The articles of impeachment against Blount were yesterday received by the Senate. Some great questions will immediately arise, i. Can they prescribe their own oath, the forms of pleadings, issue process against person or goods by their own orders, without the formality of a law authorizing it ? Has not the 1798] THOMAS JEFFERSON. 199 8th amendment of the constitution rendered trial by jury necessary ? Is a Senator impeachable ? These and other questions promise no very short issue. The Representatives have a dirty business now before them on a question of privilege. This you will see in the public papers. — The ques tion of arming our vessels was to have come on on Monday last. Accordingly the President that morn ing sent in an inflammatory message about a vessel taken near Charleston & burned by a French priva teer, of which fact he had been sometime possessed, & it had been in all the newspapers. It seemed thrown in on that day precisely to give a spur to the question. However it did not come on. In the mean time the spirit of the merchants is going fast over to the safe side of the question. In New Hamp shire and Rhode Island they are unanimous ; in Bal timore also. In this place becoming more so. In Boston divided & desponding. Of New York I have no information. But I think the Proposition will not be carried, unless something befriending it should come from our envoys. Nothing transpires yet of their mission. Yet it cannot be well doubted but that the Executive must have received information. Perhaps it is of a nature to damp the spirit for arm ing. — Pray tell Colo. Bell (to whom I wrote about getting a rider for the Fredsbg. post) that the 14th. inst. is the day by which the proposition should come in. I can get it kept open a little longer. ;^ioo. our money will be given. My friendly salutations to mrs. Monroe. Adieu affectionately. 200 THE WRITINGS OF [1798 TO HUGH WILLIAMSON. j. mss. Philadelphia Feb. n. 98. Dear Sir, — I have to acknolege the receipt of your favor of the 2d. inst. I will with great pleasure sound opinions on the subject you mention & see whether it can be brought forward with any degree of strength. I doubt it however & for this reason. You may recollect that a report which I gave into Congress in 93. & mr. Madison's propositions of Jan. 94. went directly to establish a navigation act on the British principle. On the last vote given on this (which was In Feb. 94.) from the three states of Mas sachusetts, Connecticut & Rhode island there were 2, votes for It & 20. against it ; & from the 3. states of Virginia, Kentuckey, & N. Carolina, wherein not a single top mast vessel is, I believe owned by a native citizen, there were 25. votes for & 4. against the measure. I very much suspect that were the same proposition now brought forward, the northern vote would be nearly the same, while the southern one I am afraid, would be radically varied. The suggestion of their disinterested endeavors for placing our navi gation on an independent footing & forcing on them the British treaty have not had a tendency to invite new offers of sacrifice & especially under the prospect of a new rejection. You observe that the rejection would change the politics of New England. But it would afford no evidence which they have not already in the records of Jan. & Feb. 94. However as I be fore mentioned I will with pleasure, sound the dispo sitions on that subject. If the proposition should be 1798] THOMAS JEFFERSON. 201 likely to obtain a reputable vote it may do good. As to myself I sincerely wish that the whole Union may accommodate their interests to each other, & play into their hands mutually as members of the same family, that the wealth & strength of any one part should be viewed as the wealth & strength of the whole. The countervailing act of G. Britain lately laid before us by the President, offers a just occasion of looking to our navigation. For the merchants here say that the effect of it will be that they them selves shall never think of employing an American vessel to carry produce to Gr. Britain after a peace. Not having as yet any conversation on this subject I cannot say whether it has excited sensibility either in the north or south. It shall be tried however. Accept assurances of the sincere esteem of Dear Sir your friend & servant. TO JAMES MADISON. mad. mss. Philadelphia, Feb 15. 98. I wrote you last on the 8th. We have still not a word from our Envoys. This long silence (if they have been silent) proves things are not going on very roughly. If they have not been silent, it proves their information, if made public, would check the disposition to arm. I had flattered myself, from the progress of the public sentiment against arming, that the same progress had taken place in the legislature. But I am assured by those who have better oppor tunities of forming a good judgment, that if the ques tion against arming is carried at all, it will not be by 202 THE WRITINGS OF [1798 more than a majority of two ; & particularly, that there will not be more than 4. votes against it from the 5. eastern states, or 5. votes at the utmost. You will have perceived that Dayton is gone over com pleatly. He expects to be appointed Secretary of war, in the room of M'Henry, who, it is said, will re tire. He has been told, as report goes, that they would not have confidence enough in him to appoint him. The desire of inspiring them with more, seems the only way to account for the eclat which he chuseS to give to his conversion. You will have seen the disgusting proceedings in the case of Lyon : if they would have accepted even of a commitment to the serjeant, it might have been had. But to get rid of his vote was the most material object. These pro ceedings must degrade the General Government, and lead the people to lean more on their state govern ments, which have been sunk under the early popu larity of the former. This day, the question of the jury in cases of impeachment comes on. There is no doubt how it will go. The general division in the Senate is 22. and 10. ; and under the probable prospect of what it will forever be, I see nothing m the mode of proceeding by impeachment but the most formidable weapon for the purposes of a domi nant faction that ever was contrived. It would be the most effectual one for getting rid of any man whom they consider as dangerous to their views, and I do not know that we could count on one-third on an emergency. It depends then on the H. of Repre sentatives, who are the impeachers ; & there the 1798] THOMAS JEFFERSON. 203 majorities are of i., 2., or 3 only ; & these sometimes one way & sometimes another : in a question of pure party they have the majority, and we do not know what circumstances may turn up to increase that ma jority temporarily, if not permanently. I know of no solid purpose of punishment which the courts of law are not equal to, and history shows, that in England, impeachment has been an engine more of passion than justice. A great ball is to be given here on the 22d, and in other great towns of the Union. This is, at least, very indelicate, & probably excites uneasy sensations in some. I see in it, however, this useful deduction, that the birth days which have been kept, have been, not those of the President, but of the General. I enclose with the newspapers, the two acts of parliament passed on the subject of our commerce, which are interesting. The merchants here say, that the effect of the countervailing tonnage on American vessels, will throw them completely out of employ as soon as there is peace. The eastern members say nothing but among themselves. But it is said that it is working like gravel in their stomachs. Our only comfort is, that they have brought it on them selves. My respectful salutation to mrs. Madison ; & to yourself, friendship and adieu. TO HORATIO GATES. J- mss. Philadelphia, Feb 21, 98. Dear General, — I received duly your welcome favor of the 1 5th, and had an opportunity of immedi ately delivering the one it enclosed to General Kos- 204 THE WRITINGS OF [1798 ciusko. I see him often, and with great pleasure mixed with commiseration. He is as pure a son of liberty as I have ever known, and of that liberty which is to go to all, and not to the few or the rich alone. We are here under great anxiety to hear from our Envoys. But I think this is one of the cases where no news is good news. If the disposi tions at Paris threatened war, it is impossible that our envoys should not find some means of putting us on our guard, of warning us to begin our prepara tions : especially too when so many vessels have come from ports of France. And if writing were danger ous (which cannot be) there are so many of our coun trymen at Paris who would bring us their viva voce communications. Peace then must be probable. I agree with you, that some of our merchants have been milking the cow : yet the great mass of them have become deranged ; they are daily falling down by bankruptcies, and on the whole, the condition of our commerce far less firm & really prosperous, than it would have been by the regular operations and steady advances which a state of peace would have occa sioned. Were a war to take place, and throw our agriculture into equal convulsions with our commerce, our business would be done at both ends. But this I hope will not be. The good news from the Nat chez has cut off the fear of a breach in that quarter, where a crisis was brought on which has astonished every one. How this mighty duel is to end between Gr Britain and France, is a momentous question. The sea which divides them makes it a game of 1798] THOMAS JEFFERSON. 205 chance ; but it is narrow, and all the chances are not on one side. Should they make peace, still our fate is problematical. The countervailing acts of Gr Brit, now laid before Congress, threaten, in the opinion of merchants, the entire loss of our navigation to England. It makes a difference, from the present state of things, of 500. guineas on a vessel of 350 tons. If, as the newspapers have told us, France has renewed her Arret of 1 789, laying a duty of 7. livres a hundred on all tobo brought in foreign bottoms (even our own), and should extend it to rice & other commodities, we are done, as navi gators, to that country also. In fact, I apprehend that those two great nations will think it their Interest not to permit us to be navigators. France had thought otherwise, and had shown an equal desire to encourage our navigation as her own, while she hoped It's weight would at least not be thrown into the scale of her ene mies. She sees now that that is not to be relied on, and will probably use her own means, and those of the nations under her influence, to exclude us from the ocean. How far it may lessen our happiness to be rendered merely agricultural, how far that state is more friendly to principles of virtue & liberty, are questions yet to be solved. Kosciusko has been dis appointed by the sudden peace between France & Austria. A ray of hope seemed to gleam on his mind for a moment, that the extension of the revolutionary spirit through Italy and Germany, might so have occupied the remnants of monarchy there, as that his country might have risen again. I sincerely rejoice to 2o6 THE WRITINGS OF [1798 find that you preserve your health so well. That you may so go on to the end of the chapter, & that it may be a long one I sincerely pray. Make my friendly salutations acceptable to mrs. Gates, & accept your self assurances of the great & constant esteem & respect of, dear Sir, your friend and servant. TO JAMES MADISON. mad. mss. Philadelphia, February 22, gS. Yours of the 12th is received. I wrote you last on the 1 5th, but the letter getting misplaced, will only go by this post. We still hear nothing from our en voys. Whether the Executive hear, we know not. But if war were to be apprehended, it is impossible our envoys should not find means of putting us on our guard, or that the Executive should hold back their information. No news, therefore, is good news. The countervailing act, which I sent you by the last post, will, confessedly, put American bottoms out of employ in our trade with Gr Britain. So say well- informed merchants. I ndeed, it seems probable, when we consider that hitherto, with the advantage of our foreign tonnage, our vessels could only share with the British, and the countervailing duties will, it is said, make a difference of 500. guineas to our prejudice on a ship of 350. tons. Still the Eastern men say nothing. Every appearance & consideration render it prob able, that on the restoration of peace, both France & Britain will consider it their interest to exclude us from the ocean, by such peaceable means as are in 1798] THOMAS JEFFERSON. 207 their power. Should this take place, perhaps it may be thought just & politic to give to our native capital ists the monopoly of our internal commerce. This may at once relieve us from the danger of wars abroad and British thraldom at home. The news from the Natchez, of the delivery of the posts, which you will see in the papers, is to be relied on. We have es caped a dangerous crisis there. The great contest between Israel & Morgan, of which you will see the papers full, is to be decided this day. It is snowing fast at this time, and the most sloppy walking I ever saw. This will be to the disadvantage of the party which has the most invalids. Whether the event will be known this evening, I am uncertain. I rather pre sume not, & therefore, that you will not learn it till next post. You will see in the papers, the ground on which the introduction of the jury into the trial by impeachment was advocated by mr. Tazewell, & the fate of the question. Reade's motion, which I enclosed you, will probably be amended & established, so as to declare a Senator unimpeachable, absolutely ; and yesterday an opinion was declared, that not only officers of the State governments, but every private citizen of the U S, is impeachable. Whether they will think this the time to make the declaration, I know not ; but if they bring it on, I think there will be not more than two votes north of the Patowmac against the univer sality of the impeaching power The system of the Senate may be inferred from their transactions here tofore, and from the following declaration made to me 2o8 THE WRITINGS OF [1798 personally by their oracle.^ No republic can ever be of any duration, without a Senate, & a Senate deeply and strongly rooted, strong enough to bear up against all popular storms & passions. The only fault in the constitution of our Senate is, that their term of office is not durable enough. Hitherto they have done well, but probably they will be forced to give way in time. I suppose their having done well hitherto, alluded to the stand they made on the British treaty. This declaration may be considered as their text ; that they consider themselves as the bulwarks of the govern ment, and will be rendering that the more secure, in proportion as they can assume greater powers. The foreign Intercourse bill is set for to-day ; but the parties are so equal on that in the H Repr that they seem mutually to fear the encounter. * * * TO peregrine FITZHUGH. j. mss. Philadelphia, Feb 23, 1798. Dear Sir, — I have yet to acknolege your last favor which I received at MonticeUo, and therefore cannot now recur to the date. The perversion of the ex pressions of a former letter to you which you men tion to have been made in the newspapers, I had not till then heard of. Yet the spirit of it was not new. I have been for some time used as the property of the newspapers, a fair mark for every man's dirt. Some, too, have indulged themselves in this exercise ' On the margin of the press copy Jefferson has noted in pencil " Mr. Adams. " 1798] THOMAS JEFFERSON. 209 who would not have done it, had they known me otherwise than thro these impure and injurious chan nels. It is hard treatment, and for a singular kind of offence, that of having obtained by the labors of a life the indulgent opinions of a part of one's fellow citi zens. However, these moral evils must be submitted to, like the physical scourges of tempest, fire, &c. We are waiting with great anxiety to hear from our envoys at Paris. But the very circumstance of silence speaks, I think, plain enough. If there were danger of war we should certainly hear from them. It is impossible, if that were the aspect of their negocia tions, that they should not find or make occasion of putting us on our guard, & of warning us to prepare. I consider therefore their silence as a proof of peace. Indeed I had before Imagined that when France had thrown down the gauntlet to England, and was point ing all her energies to that object, her regard for the subsistence of her islands would keep her from cutting off our resources from them. I hope, therefore, we shall rub through the war, without engaging in it our selves, and that when In a state of peace our legisla ture & executive will endeavor to provide peaceable means of obliging foreign nations to be just to us, and of making their injustice recoil on themselves. The advantages of our commerce to them may be made the engine for this purpose, provided we shall be willing to submit to occasional sacrifices, which will be nothing in comparison with the calamities of war Congress has nothing of any importance before them, except the bill on foreign intercourse, & the propo- voL. vn.— 14 210 THE WRITINGS OF [1798 sitlon to arm our merchant vessels. These will be soon decided, and if we then get peaceable news from our envoys, I know of nothing which ought to prevent our immediate separation. It had been expected that we must have laid a land tax this session. However, it is thought we can get along another year without it. Some very disagreeable differences have taken place in Congress. They cannot fail to lessen the respect of the public for the general government, and to re place their State governments in a greater degree of comparative respectability. I do not think it for the interest of the general government Itself, & still less of the Union at large, that the State governments should be so little respected as they have been. However, I dare say that in time all these as well as their central government, like the planets revolving round their common sun, acting & acted upon accord ing to their respective weights & distances, will produce that beautiful equilibrium on which our Con stitution is founded, and which I believe it will exhibit to the world in a degree of perfection, unexampled but in the planetary system itself. The enlightened statesman, therefore, will endeavor to preserve the weight and Influence of every part, as too much given to any member of it would destroy the general equilib rium. The ensuing month will probably be the most eventful ever yet seen in Modern Europe. It may probably be the season preferred for the projected invasion of England. It Is indeed a game of chances. The sea which divides the combatants gives to for tune as well as to valor it's share of influence on the 1798] THOMAS JEFFERSON. 211 enterprise. But all the chances are not on one side. The subjugation of England would indeed be a general calamity. But happily it is impossible. Should it end in her being only republicanized, I know not on what principle a true republican of our country could lament it, whether he considers it as extending the blessings of a purer government to other portions of mankind, or strengthening the cause of liberty In our own country by the influence of that example. I do not indeed wish to see any nation have a form of government forced on them ; but if it is to be done, I should rejoice at it's being a freer one. Permit me to place here the tribute of my regrets for the affect ing loss lately sustained within your walls, and to add that of the esteem & respect with which I am, dear Sir, your friend and servant.' TO JAMES MADISON. mad. mss. P, March 2, 98. I wrote you last on the 22 ; since which I have received yours without date, but probably of about the 1 8th or 19th. An arrival to the Eastward brings us some news, which you see detailed in the papers. The new partition of Europe is sketched, but how far authentic we know not. It has some probability in it's favor The French appear busy in their prepara tions for the invasion of England ; nor Is there any appearance of movements on the part of Russia & Prussia which might divert them from It. The late birth-night has certainly sown tares among 212 THE WRITINGS OF [1798 the exclusive federals. It has winnowed the grain from the chaff. The sincerely Adamites did not go. The Washingtonians went religiously, & took the secession of the others in high dudgeon. The one sect threaten to desert the levees, the other the evening parties. The whlgs went in number, to encourage the idea that the birth-nights hitherto kept had been for the General & not the President, and of course that time would bring an end to them. Goodhue, Tracy, Sedgwick, &c., did not attend ; but the three Secre taries & Attorney General did. We were surprised, the last week, with a symptom of a disposition to repeal the stamp act. Petitions for that purpose had come from Rhode island & Virginia, & had been committed to rest with the Ways & Means. Mr Harper, their chairman, in order to enter on the law for amending it, observed it would be necessary first to put the petitions for repeal out of the way, and moved an immediate decision on them. The Rhode islanders begged & prayed for a post ponement ; that not expecting that that question was to be called up, they were not at all prepared; but Harper would shew no mercy ; not a moment's delay should be allowed. It was taken up, and, on a ques tion without debate, determined in favor of the peti tions by a majority of 10. Astonished & confounded, when an order to bring in a bill for repeal was moved, they began in turn to beg for time ; 3. weeks, one week, 3. days, i. day ; not a moment would be yielded. They made three attempts for adjournment. But the majorities appeared to grow. It was decided, by a 1798] THOMAS JEFFERSON. 213 majority of 16., that the bill should be brought in. It was brought in the next day, & on the day after passed, sent up to the Senate, who instantly sent it back rejected by a silent vote of 15. to 12. R I & N Hampshire voted for the repeal in Senate. /The ¦ act will therefore go into operation July i, but prob ably without amendments. However, I am persuaded it will be short-lived. It has already excited great commotion in Vermont, and grumblings in Connecti cut. But they are so priest-ridden, that nothing is expected from them, but the most bigoted passive obedience./ No news yet from our commissioners ; but their silence is admitted to augur peace. There Is no talk yet of the time of adjourning, tho' admitted we have nothing to do, but what could be done in a fortnight or three weeks. When the spring opens, and we hear from our commissioners, we shall probably draw pretty rapidly to conclusion. A friend of mine here wishes to get a copy of Mazzel's Recherches his toriques et politiques. Where are they ? Salutations & adieu. Wheat 1.50. flour 8.50 tobo 13.50. TO JAMES MONROE. mon. mss. Philadelphia Mar. 8. 98. Dear Sir, — I have to acknolege the receipt of yours of Feb. 12. 19. & 25. At length the charm is broke, and letters have been received from our envoys at Paris. One only of them has been communicated, 214 THE WRITINGS OF [1798 of which I enclose you a copy with the documents accompanying it. The decree therein proposed to be passed has struck the greatest alarm through the merchants I have ever yet witnessed. As it has not been known more than two or three days, it's par ticular operations are not yet developed. It will probably drive our vessels out of the British trade, because as they will not have the benefit of convoy they cannot bring a return cargo from Great Britain, but on much higher insurance than the British vessels who will have convoy : nor can they carry out pro duce but on much higher freight because they will be to return empty, in which case the British will under work them. It seems then as if one effect would be to increase the British navigation. Unless indeed our vessels instead of laying themselves up In port, should go to other markets with their produce & for return cargoes. However it is not probable this state of things will last long enough to have any great effect. The month of April I think will see the ex periment of the invasion, and that will be a short one. You will see in Bache's paper of this morning the 5th. number of some pieces written by T. Coxe, in which this proposed decree is well viewed. How it will operate on our question about arming, we do not yet know. Some talk of letters of marque & reprisal, yet on the whole I rather believe it will not add to the number of voters for arming. This measure with the decrees of the British courts that British subjects adopted here since the peace and carrying on com merce from hence, are still British subjects, & their 1798] THOMAS JEFFERSON. 215 cargoes British property, has shaken these quasi- citlzens in their condition. The French adopt the same principle as to their cargoes when captured. ^ privateer lately took near our coast an E. Indiaman worth 250.000 D. belonging to one of these lately emigrated houses. Is it worth our while to go to war to support the contrary doctrine ? The British principle is clearly against the law of nations, but which way our interest lies is also worthy considera- tloi^y The influence of this description of merchants on our government & on the public opinion is not merely innocent, it's absence would not weaken our union — the issue of the question on foreign Inter course has enabled us to count the strength of the two parties in the H. of representatives. It is 51. & 55 If all the members were present. The whlgs being a minority of 4. but In this computation all wavering characters are given to the other side. Jersey has laid itself off into districts, which instead of an uniform delegation, will give one chequered as the state is. They will at their next election send whlgs from two districts. Pennsylvania, at her next election (in October) will add two more to the whig list. Let us hope that Morgan & Macher will give place to whig successors. I do not know that this can be hoped for from our Eastern shore. This much I think tolerably certain, besides the natural progress of public sentiment In other quarters, & the effect of the events of the time. We do not think then that the partizans of Republican government should despair. — They do not yet talk of the time of adjournment though confessedly they 2i6 THE WRITINGS OF [1798 have nothing to do. Yet I trust it will be early in the ensueing month. — How far it may be eligible for you to engage in the practice of the law I know not. On the question of your removal to Richmond, I may doubtless be under bias, when I suppose it's expe diency questionable. The expence to be incurred in the first moments will certainly be great. Could it be only deferred for a while it would enable you to judge whether the prospect opened will be worth that dislo cation of your affairs, or whether some other career may not open on you. Of these things nobody but yourself can judge. It is a question too for yourself whether a seat among the judges of the state would be an object for you. On all these points your friends can only offer motives for consideration : on which none but yourself can decide avec connoissance de cause. I really believe that some employment, more than your farms will furnish, will be necessary to your happiness. You are young, your mind active, and your health vigorous. The languor of ennui would, in such a condition of things, be intolerable. Make my most respectful salutations to mrs. Monroe, & accept friendly adieux to yourself. TO JAMES MADISON. mad. mss. Philadelphia, Mar 15, 98. I wrote you last on the 2d instt. Your's of the 4th is now at hand. The public papers will give you the news of Europe. The French decree making the vessel friendly or enemy, according to the hands by which the cargo was manufactured, has produced a 1798] THOMAS JEFFERSON. 217 great sensation among the merchants here. Its opera tion is not yet perhaps well understood ; but probably it will put our shipping out of competition, because British bottoms, which can come under convoy, will alone be trusted with return cargoes. Ours, losing this benefit, would need a higher freight out, in which, therefore, they will be underbid by the British. They must then retire from the competition. Some no doubt will try other channels of commerce, and return cargoes from other countries. This effect would be salutary. A very well-informed merchant, too, (a Scotsman, entirely in the English trade,) told me, he thought it would have another good effect, by check ing & withdrawing our over-extensive commerce & navign (the fruit of our neutral position) within those bounds to which peace must necessarily bring them. That this being done by degrees, will probably pre vent those numerous failures produced generally by a peace coming on suddenly. Notwithstanding this de cree, the sentiments of the merchants become more & more cooled & settled down against arming. Yet it is believed the Representatives do not cool ; and tho' we think the question against arming will be carried, yet probably by a majority of only 4. or 5. Their plan is, to have convoys furnished for our vessels go ing to Europe, & smaller vessels for the coasting defence. On this condition, they will agree to fortify Southern harbors, and build some galleys. It has been concluded among them, that if war takes place, Wolcott is to be retained in office, that the Pt must give up M'Henry, & as to Pickering they are divided. 2i8 THE WRITINGS OF [1798 the Eastern men being determined to retain him, their middle & Southern brethren wishing to get rid of him. They have talked of Genl. Pinckney as successor to M'Henry. This information Is certain. However, I hope that we shall avoid war, & save them the trouble of a change of ministry. The P has nominated J Q Adams Commissioner Plenipoty to renew the treaty with Sweden. Tazewell made a great stand against it, on the general ground that we should let our treat ies drop, & remain without any. He could only get 8. votes against 20. A trial will be made to-day in another form, which he thinks will give 10. or 11, against 16. or 17. declaring the renewal inexpedient. In this case, notwithstanding the nomination has been confirmed, it Is supposed the P would perhaps not act under it, on the probability that more than a third would be against the ratification. I believe, however, that he would act, & that a third could not be got to oppose the ratification. It is acknoleged we have nothing to do but to decide the question about arm ing. Yet not a word is said about adjourning ; and some even talk of continuing the session permanently ; others talk of July & August. An effort, however, will soon be made for an early adjournment. My friendly salutations to mrs. Madison ; to your self affectionate adieux. TO JAMES MADISON. mad. mss. Philadelphia, Mar 21, 98. I wrote you last on the 15th ; since that, yours of the 1 2th is received. Since that, too, a great change has taken place in the appearance of our political at- 1798] THOMAS JEFFERSON. 219 mosphere. The merchants, as before, continue, a respectable part of them, to wish to avoid arming. The French decree op'erated on them as a sedative, producing more alarm than resentment ; on the Rep resentatives, differently. It excited indignation highly in the war party, tho' I do not know that it had added any new friends to that side of the question. We still hoped a majority of about 4. ; but the insane message which you will see in the public papers has had great effect. Exultation on the one side, & a certainty of victory ; while the other is petrified with astonishment. Our Evans, tho' his soul Is wrapt up in the sentiments of this message, yet afraid to give a vote openly for it. Is going off to-morrow, as is said. Those who count, say there are still 2. members of the other side who will come over to that of peace. If so, the numbers will be for war measures, 52., against them 53. ; if all are present except Evans. The question is, what is to be attempted, supposing we have a majority? I suggest two things: i. As the President declares he has withdrawn the Execu tive prohibition to arm, that Congress should pass a Legislative one. If that should fail In the Senate, it would heap coals of fire on their head. 2. As to do nothing & to gain time is everything with us, I propose that they shall come to a resolution of ad journment, ' in order to go home & consult their con stituents on the great crisis of American affairs now existing.' Besides gaining time enough by this, to allow the descent on England to have it's effect here as well as there, it will be a means of exciting the whole body of the people from the state of inatten- 220 THE WRITINGS OF [1798 tion in which they are ; it will require every member to call for the sense of his district by petition or in struction ; it will shew the people with which side of the House their safety as well as their rights rest, by shewing them which is for war & which for peace ; & their representatives will return here Invigorated by the avowed support of the American people. I do not know, however, whether this will be approved, as there has been little consultation on the subject. We see a new Instance of the inefficiency of Constitu tional guards. We had relied with great security on that provision, which requires two-thirds of the Legis lature to declare war. But this is completely eluded by a majority's taking such measures as will be sure to produce war. I wrote you in my last, that an at tempt was to be made on that day In Senate, to de clare an inexpediency to renew our treaties. But the measure Is put off under a hope of It's being attempted under better auspices. To return to the subject of war. It Is quite impossible, when we consider all it's existing circumstances, to find any reason in it's favor resulting from views either of interest or honor, & plausible enough to impose even on the weakest mind ; and especially, when it would be undertaken by a majority of one or two only. Whatever then be our stock of charity or liberality, we must resort to other views. And those so well known to have been entertained at Annapolis, & afterwards at the grand convention, by a particular set of men, present them selves as those alone which can account for so extraor dinary a degree of impetuosity. Perhaps, instead of 1798] THOMAS JEFFERSON. 221 what was then in contemplation, a separation of the union, which has been so much the topic to the East ward of late, may be the thing aimed at. I have writ ten so far, two days before the departure of the post. Should anything more occur to-day or to-morrow, it shall be added. 22'? At night. Nothing more. TO JAMES MONROE. mon. mss. Philadelphia Mar. 21. 98. The public papers will present to you the almost insane message sent to both houses of Congress 2. or 3. days ago. This has added to the alarm of the sounder and most respectable part of our merchants. I mean those who are natives, are solid in their cir cumstances & do not need the lottery of war to get themselves to rights. The effect of the French de cree on the representatives had been to render the war party inveterate & more firm in their purpose without adding to their numbers. In that state of things we had hoped to avert war measures by a majority of 4. At this time, those who court talk of it's being reduced to a majority of i. or 2. If a Majority be with us at all. This is produced by the weight of the Executive opinion. The first thing proposed by the whigs will be a call for papers. For if Congress are to act on the question of war, they have a right to information. The 2d. to pass a Legislative pro hibition to arm vessels instead of the Executive one which the President informs them he has withdrawn. 22 2 THE WRITINGS OF [1798 These questions will try the whig strength, on the ground of war. The 3d. to adjourn to consult our constituents on the great crisis of American affairs now existing. This measure appears to me under a very favorable aspect. It gives time for the French operations on England to have their effect here as well as there. It awakens the people from the slum- ' ber over public proceedings in which they are involved. It obliges every member to consult his district on the simple question of war or peace : It shews the people on which side of the house are the friends of their peace as well as their rights, & brings back those friends to the next session supported by the whole American people. I do not know however whether this last measure will be proposed. The late ma- neuvres have added another proof to the inefficiency of constitutional barriers. We had reposed great confidence in that provision of the Constitution which requires | of the Legislature to declare wan Yet It can be entirely eluded by a majority's taking such measures as will bring on war. — My last to you was of the 8th Inst. The last reed from you was of Feb. 25. TO DR. SAMUEL BROWN. j. mss. Philadelphia Mar. 25. 98. Dear Sir, — You were a witness, before you left our side of the continent, to the endeavours of the tory part among us, to write me down as far as they could find or make materials. " O ! that mine enemy would write a book ! " has been a well known prayer 1798] THOMAS JEFFERSON. 223 against an enemy. I had written a book, & it has furnished matter for abuse for want of something better. Mr. Martin's polite attack on the subject of Cresap & Logan, as stated in the Notes on Virginia, had begun before you left us, it has continued & still continues ; though after the perusal of the first letter had shown me what was to be the style of those sub sequent, I have avoided reading a single one. A friend of mine having wished for a general explana tion of the foundation of the case of Logan, I wrote him a letter of which I had a few copies printed, to give to particular friends for their satisfaction, & on whom I could rely against the danger of Its being published. I enclose you a copy as well for these purposes, as that I think It may be in your power to obtain some information for me. Indeed I suppose it probable that General Clarke may know something of the facts relative to Logan or Cresap. I shall be much obliged to you for any Information you can pro cure on this subject. You will see by the enclosed in what way I mean to make use of it. I am told you are preparing to give us an account of the General, which for its matter I know, & for its manner I doubt not, win be highly interesting. I am in hopes In con necting with It some account of Kentuckey that your information & his together will be able to correct & supply what I had collected relative to It In a very early day. Indeed It was to Genl. Clarke I was In debted for what degree of accuracy there was in most of my statements. I wish you to attend particularly to the overflowage of the Mississippi, on which I have 224 THE WRITINGS OF [1798 been accused of error. Present me affectionately to the General & assure him of my constant remembrance & esteem : & accept yourself salutations & sentiments of sincere attachment from. Dear Sir, your friend & servant TO JAMES MADISON. mad. mss. Philadelphia, Mar 29, 98. I wrote you last on the 21st. Your's of the 12th, therein acknoleged, is the last reed. The measure I suggested In mine, of adjourning for consultation with their constituents, was not brought forward ; but on Tuesday 3. resolutions were moved, which you will see in the public papers. They were offered In com mittee, to prevent their being suppressed by the pre vious question, & in the commee on the state of the Union, to put it out of their power, by the rising of the commee & not sitting again, to get rid of them. They were taken by surprise, not expecting to be called to vote on such a proposition as ' that it is in expedient to resort to war against the French repub lic' After spending the first day In seeking on every side some hole to get out at, like an animal first put into a cage, they gave up that resource. Yesterday they came forward boldly, and openly combated the proposition. Mr. Harper & Mr Pinckney pro nounced bitter philippics against France, selecting such circumstances & aggravations as to give the worst picture they could present. The latter, on this, as In the affair of Lyon & Griswold, went far beyond that moderation he has on other occasions recom- 1798] THOMAS JEFFERSON. 225 mended. We know not how it will go. Some think the resolution will be lost, some, that it will be carried ; but neither way, by a majority of more than i. or 2. The decision of the Executive, of two-thirds of the Senate, & half the house of representatives, is too much for the other half of that house. We therefore fear it will be borne down, and are under the most gloomy apprehensions. In fact, the question of war & peace depends now on a toss of cross & pile. If we could but gain this season, we should be saved. The affairs of Europe would of themselves relieve us. Besides this, there can be no doubt that a revolution of opinion in Massachusetts & Connecticut Is work ing. Two whig presses have been set up in each of those States. There has been for some days a rumor, that a treaty of alliance, offensive & defensive with G Britain, is arrived. Some circumstances have oc casioned it to be listened to ; to wit, the arrival of mr. King's Secretary, which is affirmed, the departure of mr. Liston's secretary, which I know is to take place on Wednesday next, the high tone of the execu tive measures at the last & present session, calculated to raise things to the unison of such a compact, and supported so desperately in both houses in opposition to the pacific wishes of the people, & at the risque of their approbation at the ensuing election. Langdon yesterday, in debate, mentioned this current report. Tracy, in reply, declared he knew of no such thing, did not believe it, nor would be it's advocate. The Senate are proceeding on the plan communicated in mine of Mar. 15. They are now passing a bill tO' VOL. vn.— 15 226 THE WRITINGS OF [1798 purchase 12. vessels of from 14. to 22. guns, which with our frigates are to be employed as convoys & guarda costas. They are estimated, when manned & fitted for sea, at 2. millions. They have past a bill for buying one or more founderies. They are about bringing in a bill for regulating private arming, and the defensive works in our harbors have been pro ceeded on some time since. An attempt has been made to get the Quakers to come forward with a petition, to aid with the weight of their body the feeble band of peace. They have, with some effort, got a petition signed by a few of their society ; the main body of their society refuse it. Mc' Lay's peace motion in the assembly of Pennsyl vania was rejected with an unanimity of the Quaker vote, and it seems to be well understood, that their attachment to England is stronger than to their prin ciples or their country. The revolution war was a first proof of this. Mr. White, from the federal city, is here, soliciting money for the buildings at Wash ington. A bill for 200.000 D has passed the H R, & is before the Senate, where it's fate is entirely uncer tain. He is become perfectly satisfied that mr A is radically against the government's being there. Good hue (his oracle) openly said in commee, in presence of White, that he knew the government was obliged to go there, but they would not be obliged to stay there. Mr. A said to White, that it would be better that the President should rent a common house there, to live in ; that no President would live in the one now building. This harmonizes with Goodhue's idea 1798] THOMAS JEFFERSON. 227 of a short residence. I write this in the morning, but need not part with it till night. If anything occurs in the day it shall be added. P. M. Nothing material has occurred. Adieu. TO EDMUND PENDLETON. j. mss. Philadelphia, Apr 2, 98. Dear Sir, — I have to acknolege the receipt of your favor of Jany 29. and as the rising of Congress seems now to be contemplated for about the last of this month, and It is necessary that I settle mr. Short's matter with the Treasury before my departure, I take the liberty of saying a word on that subject. The sum you are to pay is to go to the credit of a demand which mr. Short has on the treasury of the U S and for which they consider mr. Randolph as liable to them, so that the sum he pays to Short directly lessens so much the balance to be other wise settled. Mr. Short, by a letter received a few days ago, has directed an immediate employment of the whole sum in a particular way. I wish your sum settled, therefore, that I may call on the Treas ury for the exact balance. I should have thought your best market for stock would have been here, and I am convinced, the quicker sold the better ; for, should the war measures recommended by the Execu tive, & taken up by the legislature, be carried through, the fall of stock will be very sudden, war being then more than probable. Mr. Short holds some stock here, and, should the first of Mr. Spriggs resolutions. 228 THE WRITINGS OF [1798 now under debate in the lower house be rejected, I shall, within 24. hours from the rejection, sell out the whole of mr. Short's stock. How that resolution will be disposed of (to wit, that against the expediency of war with the French republic). Is very doubtful. Those who count votes vary the issue from a majority of 4. against the resolution to 2. or 3. majority in it's favor. So that the scales of peace & war are very nearly in equlllbrlo. Should the debate hold many days, we shall derive aid from the delay. Letters re ceived from France by a vessel just arrived, concur in assuring us, that, as all the French measures bear equally on the Swedes & Danes as on us, so they have no more purpose of declaring war against us than against them. Besides this, a wonderful stir is commencing In the Eastern states. The dirty business of Lyon & Griswold was of a nature to fly through the newspapers, both whig & tory, & to ex cite the attention of all classes. It, of course, carried to their attention, at the same time, the debates out of which that affair sprung. The subject of these debates was, whether the representatives of the people were to have no check on the expenditure of the pub lic money, & the executive to squander it at their will, leaving to the Legislature only the drudgery of furnishing the money. They begin to open their eyes on this to the Eastward & to suspect they have been hoodwinked. Two or three whig presses have set up in Massachusetts, & as many more In Con necticut. The late war message of the president has added new alarm. Town meetings have begun in 1798] THOMAS JEFFERSON. 229 Massachusetts, and are sending on their petitions & remonstrances by great majorities, against war-meas ures, and these meetings are likely to spread. The present debate, as it gets abroad, will further show them, that it Is their members who are for war meas ures. It happens, fortunately, that these gentlemen are obliged to bring themselves forward exactly In time for the Eastern elections to Congress, which come on in the course of the ensuing summer. We have, therefore, great reason to expect some favorable changes in the representatives from that quarter. The same is counted on with confidence from Jersey Pennsylvania, & Maryland ; perhaps one or two also in Virginia ; so that, after the next election, the whigs think themselves certain of a very strong majority in the H of Representatives ; and tho' against the other branches they can do nothing good, yet they can hinder them from doing ill. The only source of anxiety, therefore, is to avoid war for the present moment. If we can defeat the measures leading to that during this session, so as to gain this summer, time will be given, as well for the public mind to make itself felt, as for the operations of France to have their effect in England as well as here. If, on the contrary war is forced on, the tory interest continues dominant, and to them alone must be left, as they alone desire to ride on the whirlwind, & direct the storm. The present period, therefore, of two or three weeks, is the most eventful ever known since that of i775- ^""^ will decide whether the principles established by that contest are to prevail, or give way to those they sub- 230 THE WRITINGS OF [1798 verted. Accept the friendly salutations & prayers for your health & happiness, of, dear Sir, your sincere and affectionate friend. P. S. Compliments to Mr. Taylor. I shall write to him in a few days. TO JAMES MADISON. mad. mss. Philadelphia, April 5, 98. I wrote you last on the 29th ult ; since which I have no letter from you. These acknolegments regu larly made and attended to, will shew whether any of my letters are intercepted, and the impression of ray seal on wax (which shall be constant hereafter) will discover whether they are opened by the way. The nature of some of my communications furnishes ground of inquietude for their safe conveyance. The bill for the federal buildings labors hard in Senate, tho', to lessen opposition, the Maryland Senator him self proposed to reduce the 200.000 D to one-third of that sum. Sedgwick & Hlllhouse violently opposed it. I conjecture that the votes will be either 13. for & 15. against it, or 14. & 14. Every member declares he means to go there, but tho' charged with an inten tion to come away again, not one of them disavowed it. This will engender incurable distrust. -The de-' bate on mr. Sprlgg's resolutions has been interrupted by a motion to call for papers. This was carried by a great majority. In this case, there appeared a sepa rate squad, to wit, the Pinckney interest, which is a distinct thing, and will be seen sometimes to lurch the President. It is in truth the Hamilton party. 1798] THOMAS JEFFERSON. 231 whereof P is only made the stalking horse. The papers have been sent in & read, & it is now under debate in both houses, whether they shall be pub lished. I write In the morning, & if determined in the course of the day in favor of publication, I will add in the evening a general idea of their character. Private letters from France, by a late vessel which sailed from Havre, Feb 5, assure us that France, classing us in her measures with the Swedes & Danes, has no more notion of declaring war against us than them. You will see a letter in Bache's paper of yes terday, which came addressed to me. Still the fate of Sprlgg's resolutions seems in perfect equlllbrlo. You will see in Fenno two numbers of a paper signed Marcellus. They promise much mischief, and are ascribed, without any difference of opinion, to Ham ilton. You must, my dear Sir, take up your pen against this champion. You know the ingenuity of his talents ; & there is not a person but yourself who can foil him. For heaven's sake, then take up your pen, and do not desert the public cause altogether Thursday evening. The Senate have, to-day, voted the publication of the communications from our envoys. The House of Repr decided against the publication by a majority of 75 to 24. The Senate adjourned, over to-morrow (good Friday), to Satur day morning ; but as the papers cannot be printed within that time, perhaps the vote of the H of R may induce the Senate to reconsider theirs. For this reason, I think it my duty to be silent on them. Adieu. 232 THE WRITINGS OF [1798 TO JAMES MONROE. mon. mss. Philadelphia, Apr. 5, 98. I wrote you last on the 21st. of Mar. Since which yours of the 26th. of March is received. Yesterday I had a consultation with mr. Dawson on the matter respecting Sklpwith. We have neither of us the least hesitation, on a view of the ground, to pro nounce against your coming forward In it at all. Your name would be the watchword of party at this moment, and the question would give opportunities of slander, personal hatred, and Injustice, the effect of which on the justice of the case cannot be calculated. Let It therefore come forward In Sklpwith's name, without your appearing even to know of it. But Is it not a case which the auditor can decide ? If it is, that tribunal must be first resorted to. I do not think Scipio worth your notice. He has not been noticed here but by those who were already deter mined. Your narrative and letters wherever they are read produce Irresistable conviction, and cannot be attacked but by a contradiction of facts, on which they do not venture. Finding you unassailable in that quarter, I have reason to believe they are pre paring a batch of small stuff, such as refusing to drink Genl. Washington's health, speaking ill of him, & the government, withdrawing civilities from those attached to him, countenancing Paine to which they add connivance at the equipment of privateers by Americans. I am told some sort of an attack is pre paring, founded on the depositions of 2. or 3. Ameri cans. We are therefore of opinion here that Dr. 1798] THOMAS JEFFERSON. 233 Edward's certificate (which he will give very fully) should not be published, but reserved to repel these slanders, adding to it such others as the nature of them may call for. Mr. Dawson thinks he can easily settle the disagreeable business with M. The diffi culty & delicacy will be with G. He is to open the matter to them to day and will write to you this evening. It is really a most afflicting consideration that it is impossible for a man to act In any office for the public without encountering a persecution which even his retirement will not withdraw him from. At this moment my name is running through all the city as detected in a criminal correspondence with the French directory, & fixed upon me by the documents from our envoys now before the two houses. The detection of this by the publication of the papers, should they be published, will not relieve all the effects of the lie, and should they not be pub lished, they may keep it up as long and as success fully as they did and do that of my being involved in Blount's conspiracy. The question for the publica tion of the communications from our envoys Is now under consideration in both houses. But If pub lished, you cannot get them till another post. The event of mn Sprlgg's resolutions is extremely doubt ful. The first one now under consideration (to wit that it is not expedient to resort to war) will perhaps be carried or rejected by a majority of 1. or 2. only. Consequently it is impossible previously to say how it will be. All war-measures, debtors of our country will follow the fortunes of that resolution. Meas- 234 THE WRITINGS OF [1798 ures for internal defence will be agreed to. Letters from France by a vessel which left Havre Feb. 5. express the greatest certainty that the French gov ernment, classing us in all her measures with Den mark & Sweden, has no more idea of declaring war against us than against them. Consequently it rests with ourselves. Present my best respects to mrs. Monroe & accept yourself friendly salutations & adieux. P. S. I will hereafter seal my letters with wax, & the same seal. Pay attention if you please to the state of the impression. TO JAMES MADISON. mad. mss. Apr. 6, 98. So much of the communications from our envoys has got abroad, & so partially, that there can now be no ground for reconsideration with the Senate. I may therefore, consistently with duty, do what every member of the body is doing. Still, I would rather you would use the communication with reserve till you see the whole papers. The first Impressions from them are very disagreeable & confused. Reflection, however, & analysis resolves them into this. Mr A's speech to Congress in May is deemed such a national affront, that no explanation on other topics can be en tered on till that, as a preliminary, is wiped away by humiliating disavowals or acknolegments. This work ing hard with our envoys, & indeed seeming imprac ticable for want of that sort of authority, submission 1798] THOMAS JEFFERSON. 235 to a heavy amercement (upwards of a million sterl.) was, at an after meeting, suggested as an alternative, which might be admitted if proposed by us. These overtures had been through informal agents ; and both the alternatives bringing the envoys to their ne plus, they resolve to have no more communication through inofficial characters, but to address a letter directly to the government, to bring forward their pretensions. This letter had not yet, however, been prepared. There were, interwoven with these overtures some base propositions on the part of Taleyrand, through one of his agents, to sell his interest & influence with the Directory towards smoothing difficulties with them. In consideration of a large sum (50.000 £ sterl) ; and the arguments to which his agent resorted to induce compliance with this demand, were very unworthy of a great nation, (could they be imputed to them,) and calculated to excite disgust & indigna tion in Americans generally, and alienation In the republicans particularly, whom they so far mistake, as to presume an attachment to France and hatred to the Federal party, & not the love of their country, ta be their first passion. No difficulty was expressed towards an adjustment of all differences & misunder standings, or even ultimately a paiment for spolia tions, if the insult from our Executive should be first wiped away. Observe, that I state all this from only a single hearing of the papers, & therefore it may not be rigorously correct. The little slanderous Imputa tion before mentioned, has been the bait which hur ried the opposite party into this publication. The first impressions with the people will be disagree- 236 THE WRITINGS OF [1798 able, but the last & permanent one will be, that the speech In May is now the only obstacle to accommo dation, and the real cause of war, if war takes place. And how much will be added to this by the speech of November, is yet to be learnt. It Is evident, how ever, on reflection, that these papers do not offer one motive the more for our going to war. Yet such is their effect on the minds of wavering characters, that I fear, that to wipe off the imputation of being French partisans, they will go over to the war meas ures so furiously pushed by the other party. It seems indeed, as If they were afraid they should not be able to get into war till Great Britain will be blown up, and the prudence of our countrymen from that cir cumstance, have influence enough to prevent it. The most artful misrepresentations of the contents of these papers were published yesterday, & produced such a shock on the republican mind, as has never been seen since our Independence. We are to dread the effects of this dismay till their fuller information. Adieu. P. M. Evening papers have come out since writing the above. I therefore inclose them. Be so good as to return Brown's by post, as I keep his set here. The representatives are still unfaithful. TO JAMES MADISON. mad. mss. Philadelphia, Apr. 12, 98. I wrote you two letters on the 5th inst; since which I have reed yours of the 2d. I send you, in a separate package, the instructions to our envoys & 1798] THOMAS JEFFERSON. 237 their communications. You will find that my repre sentation of their contents from memory, was sub stantially just. The public mind appears still In a state of astonishment. There never was a moment in which the aid of an able pen was so Important to place things in their just attitude. On this de pend the inchoate movement in the Eastern mind, and the fate of the elections in that quarter, now be ginning & to continue through the summer. I would not propose to you such a task on any ordinary occasion. But be assured that a well-digested analy sis of these papers would now decide the future turn of things, which are at this moment on the creen. The merchants here are meeting under the auspices of Fitzsimmons, to address the President & approve his propositions. Nothing will be spared on that side. Sprlgg's first resolution against the expediency of war, proper at the time it was moved, is now post poned as improper, because to declare that, after we have understood it has been proposed to us to buy peace, would imply an acquiescence under that propo sition. All, therefore, which the advocates of peace can now attempt, is to prevent war measures exter nally, consenting to every rational measure of internal defence & preparation. Great expences will be in curred ; & It will be left to those whose measures render them necessary, to provide to meet them. They already talk of stopping all paiments of inter est, & of a land tax. These will probably not be opposed. The only question will be, how to modify the land tax. On this there may be great diversity 238 THE WRITINGS OF [1798 of sentiment. One party will want to make it a new source of patronage & expence. If this business is taken up, it will lengthen our session. We had pretty generally, till now, fixed on the beginning of May for adjournment. I shall return by my usual routes, & not by the Eastern shore, on account of the advance of the season. Friendly salutations to mrs. Madison & yourself. Adieu. TO PETER CARR. j. mss. Philadelphia, Apr. 12, 98. As the Instructions to our envoys & their commu nications have excited a great deal of curiosity, I en close you a copy. You will perceive that they have been assailed by swindlers, whether with or without the participation of Taleyrand is not very apparent. The known corruption of his character renders it very possible he may have intended to share largely in the 50,000;^ demanded. But that the Directory knew anything of it is neither proved nor probable. On the contrary, when the Portuguese ambassador yielded to like attempts of swindlers, the conduct of the Directory in imprisoning him for an attempt at corruption, as well as their general conduct really magnanimous, places them above suspicion. It is pretty evident that mr A.'s speech is in truth the only obstacle to negociation. That humihating dis avowals of that are demanded as a preliminary, or as a commutation for that a heavy sum of money. 1798] THOMAS JEFFERSON. 239 about a million sterling. This obstacle removed, they seem not to object to an arrangement of all dif ferences, and even to settle & acknolege themselves debtors for spoliations. Nor does it seem that nego ciation is at an end, as the P's message says, but that it is in it's commencement only. The instructions comply with the wishes expressed in debate in the May session to place France on as good footing as England, & not to make a sine qua non of the indem nification for spoliation ; but they declare the war in which France is engaged is not a defensive one, they reject the naturalization of French ships, that is to say the exchange of naturalization which France had formerly proposed to us, & which would lay open to us the unrestrained trade of her West Indies & all her other possessions ; they declare the loth article of the British treaty, against sequestering debts, money in the funds, bank stock, &c., to be founded in morality, & therefore of perpetual obligation, & some other heterodoxes. You will have seen in the newspapers some resolu tions proposed by mr. Sprigg, the first of which was, that it is inexpedient under existing circumstances to resort to war with France. Whether this could have been carried before is doubtful, but since it is known that a sum of money has been demanded, it is thought this resolution, were it now to be passed, would Imply a willingness to avoid war even by purchasing peace. It is therefore postponed. The peace party will agree to all reasonable measures of internal defence, but oppose all external preparations. Tho' it is evi- 240 THE WRITINGS OF [1798. dent that these communications do not present one motive the more for going to war, yet it may be doubted whether we are now strong enough to keep within the defensive line. It is thought the expences contemplated will render a land tax necessary before we separate. If so. It will lengthen the session. The first impressions from these communications are disagreeable ; but their ultimate effect on the public mind will not be favorable to the war party. They may have some effect in the first mo ment in stopping the movement in the Eastern states, which were on the creen, & were running into town meetings, yet it Is believed this will be momentary only, and will be over before their elec tions. Considerable expectations were formed of changes in the Eastern delegations favorable to the whig interest. Present my best respects to mrs. Carr, & accept yourself assurance of affectionate esteem. TO JAMES MONROE. mon. mss.. April 19. 98. I wrote you on the 5th. inst. and on the 12th. I enclosed you a copy of the instructions & communi cations from our envoys. In that of the 5th I ac knoleged the receipt of your last at hand of Mar 26. The impressions first made by those communi cations continue strong & prejudicial here. They have enabled the merchants to get a war-petition very extensively signed. They have also carried over to- 1798] THOMAS JEFFERSON. 241 the war-party most of the waverers in the H. of R. This circumstance with the departure of 4. Southern members, & others going, have given a strong ma jority to the other party. The expences will proba bly bring them up : but in the mean time great & dangerous follies will have been committed. A salt- tax, land-tax, & stoppage of interest on the public debt are the resources spoken of for procuring from 3. to 7. millions of Dollars of preparatory expence. I think it probable that France, instead of declaring war, will worry us with decrees. A new one is pro posed making neutral armed ships good prize. Such measures, and the bottom of our purse which we shall get to even by the expences of preparation, will still prevent serious war. Bankruptcy is a terrible founda tion to begin a war on, against the conquerors of the universe. A governor, secretary & 3. judges are- named for the missisipi territory. Of these, two are agents for the land companies, 2. are bankrupt spec ulators, & the other unknown. Your matter with Morris is well settled. With respect to your ac counts mr. Dawson will inclose you the difficulties objected by the Department of State. Considering how much better items of an account can be explained viva voce, how much more impressive personal re monstrance is than written, we have imagined you will think it adviseable to come on yourself, and have these matters settled, or at least to narrow them down to a few articles as to which you may take measures from hence to procure vouchers from Europe if necessary. But of this you alone are the VOL. VII.— 16 242 THE WRITINGS OF [1798 competent judge. Present my affectionate salutations to mrs. Monroe. Friendly adieux to yourself. P. S. Wheat & flour not saleable at this moment. Tobacco (old) 0^13.50 & likely to rise. TO JAMES MADISON. mad. mss. Apr. 19. 98. I wrote you last on the 12* & then acknoleged your last at hand of the 2? inst. The sensations first occasioned by the late publications have been kept up and increased at this place. A petition from the merchants & traders & others was so industriously pushed as to have obtained a very extensive signa ture. The same measure is pursuing in New York. As the election of their governor comes on next Tuesday, these impressions will just be in time to affect that. We have no information yet of their effect to the Eastward. In the meantime petitions to Congress against arming from the towns of Massa chusetts were multiplying. They will no doubt have been immediately checked. The P.'s answer to the address of the merchants here you will see in Fenno of yesterday. It is a pretty strong declaration that a neutral & pacific conduct on our part is no longer the existing state of things. The vibraters in the H. of R. have chiefly gone over to the war party. Still if our members were all here, it is believed the Naval- bill would be thrown out. Giles, Clopton, & Cabell are gone. The debate began yesterday, & tho' the question will be lost, the effect on the public mind 1798] THOMAS JEFFERSON. 243 will be victory. For certainly there is nothing new which may render war more palatable to the people. On the contrary the war-members themselves are becoming alarmed at the expences, & whittling down the estimates to the lowest sums. You will see by a report of the Secretary at War which I inclose you that he estimates the expences of preparation at seven millions of Dollars ; which it is proposed to lower to about 3. millions. If it can be reduced to this, a stoppage of public interest will suffice & is the pro ject of some. This idea has already knocked down the public paper, which can no longer be sold at all. If the expences should exceed 3. m. they will under take a land tax. Indeed a land tax is the decided resource of many, perhaps of a majority. There is an idea of some of the Connecticut members to raise the whole money wanted by a tax on salt ; so much do they dread a land tax. The middle or last of May is still counted on for adjournment. Col° Innes is just arrived here, heavily laden with gout & dropsy. It is scarcely thought he can ever get home again. The principles likely to be adopted by that board have thrown the administration into deep alarm. It is admitted they will be worse than the English, French, & Algerine depredations added together It is even suggested that, if persevered in, their proceedings will be stopped. These things are not public. — Your letter, by occasioning my recur rence to the constitution, has corrected an error under which a former one of mine had been written. I had erroneously conceived that the declaration of war 244 THE WRITINGS OF [1798 was among the things confided by the Constitution to two thirds of the legislature. We are told here that you are probably elected to the state legislature. It has given great joy, as we know your presence will be felt any where, and the times do not admit of the inactivity of such talents as yours. I hope there fore it is true. As much good may be done by a proper direction of the local force. Present my friendly salutations to Mrs. Madison & to yourself affectionately adieu. TO JAMES MADISON. mad. mss. Philadelphia, April 26, 1798. Dear Sir, — * * * The bill for the naval arma ment (12 vessels) passed by a majority of about 4 to 3 in the H of R ; all restrictions on the objects for which the vessels should be used were struck out. The bill for establishing a department of Secretary of the navy was tried yesterday, on its passage to the 3d reading, & prevailed by 47 against 41. It will be read the 3d time to-day. The Provisional army of 20,000. men will meet some difficulty. It would surely be rejected if our members were all here. Giles, Clopton, Cabell & Nicholas are gone, & Clay goes to-morrow. He received here news of the death of his wife. Parker is completely gone over to the war party. In this state of things they will carry what they please. One of the war party, in a fit of unguarded passion, declared some time ago they 1798] THOMAS JEFFERSON. 245 would pass a citizen bill, an alien bill, & a sedition bill ; accordingly, some days ago, Colt laid a motion on the table of the H of R for modifying the citizen law. Their threats point at Gallatin, & it is believed they will endeavor to reach him by this bill. Yester day mr. Hlllhouse laid on the table of the Senate a motion for giving power to send away suspected aliens. This is understood to be meant for Volney & Collot. But it will not stop there when it gets into a course of execution. There Is now only wanting, to accomplish the whole declaration before mentioned, a sedition bill, which we shall certainly soon see pro posed. The object of that, is the suppression of the whig presses. Bache's has been particularly named. That paper & also Gary's totter for want of subscrip tions. We should really exert ourselves to procure them, for if these papers fall, republicanism will be entirely brow beaten. Gary's paper comes out 3 times a week, @ 5 D. The meeting of the people which was called at New York, did nothing. It was found that the majority would be against the Address. They therefore chose to circulate it individually. The committee of ways & means have voted a land tax. An additional tax on salt will certainly be proposed in the House, and probably prevail to some degree. The stoppage of Interest on the public debt will also, perhaps, be proposed, but not with effect. In the meantime, that paper cannot be sold. Hamilton is coming on as Senator from N. Y. There has been so much contrivance & combination in that, as to shew there is some great object in hand. Troup, the dis- 246 THE WRITINGS OF [179^ trict judge of N Y, resigns towards the close of the session of their Assembly. The appointment of mr. Hobart, then Senator, to succeed Troup, Is not made by the President till after the Assembly had risen. Otherwise, they would have chosen the Senator in place of Hobart. Jay then names Hamilton, Senator, but not till a day or two before his own election as Governor was to come on, lest the unpopularity of the nomination should be in time to affect his own election. We shall see in what all this Is to end ; but surely in something. The popular movement in the eastern states is checked, as we expected, and war addresses are showering in from New Jersey & the great trading towns. However, we still trust that a nearer view of war & a land tax will oblige the great mass of the people to attend. At present, the war hawks talk of septembrlzing. Deportation, and the ex amples for quelling sedition set by the French Execu tive. All the firmness of the human mind is now in a state of requisition. Salutations to mrs. Madison ; & to yourself, friendship & adieu. P.M. The bill for the naval department is passed. TO JAMES MADISON. mad. mss. Philadelphia, May 3, 98. I wrote you last on the 26th ; since which yours of the 2 2d of April is received, acknoleging mine of the 1 2th ; so that all appear to have been received to that date. The spirit kindled up In the towns is wonderful. These and N Jersey are pouring In their 1798] THOMAS JEFFERSON. 247 addresses, offering life & fortune. Even these ad dresses are not the worst things. For indiscreet declarations and expressions of passion may be par doned to a multitude acting from the impulse of the moment. But we cannot expect a foreign nation to shew that apathy to the answers of the President, which are more thrasonic than the addresses. What ever chance for peace might have been left us after the publication of the despatches, is compleatly lost by these answers. Nor Is it France alone, but his own fellow citizens, against whom his threats are uttered. In Fenno, of yesterday, you will see one, wherein he says to the address from Newark, " the delusions & misrepresentations which have misled so many citizens, must be discountenanced by authority as well as by the citizens at large ; " evidently allud ing to those letters from the representatives to their constituents, which they have been in the habit of seeking after & publishing ; while those sent by the Tory part of the house to their constituents, are ten times more numerous, & replete with the most atro cious falsehoods & calumnies. What new law they will propose on this subject, has not yet leaked out. The citizen bill sleeps. The alien bill, proposed by the Senate, has not yet been brought in. That pro posed by the H of R has been so moderated, that it will not answer the passionate purposes of the war gentlemen. Whether, therefore, the Senate will push their bolder plan, I know not. The provisional army does not go down so smoothly in the R. as it did in the Senate. They are whittling away some of it's 248 THE WRITINGS OF [1798 choice ingredients ; particularly that of transferring their own constitutional discretion over the raising of armies to the President. A commtee of the R have struck out his discretion, and hang the raising of the men on the contingencies of invasion, insurrection, or declaration of war Were all our members here, the bill would not pass. But it will, probably, as the House now is. It's expence is differently estimated, from 5. to 8. millions of dollars a year Their pur poses before voted, require 2. millions above all the other taxes, which, therefore, are voted to be raised on lands, houses & slaves. The provisional army will be additional to this. The threatening appear ances from the Alien bills have so alarmed the French who are among us, that they are going off. A ship, chartered by themselves for this purpose, will sail within about a fortnight for France, with as many as she can carry. Among these I believe will be Volney, who has in truth been the principal ' object aimed at by the law. Notwithstanding the unfavorableness of the late impressions, it is believed the New York elections, which are over, will give us two or three republicans more than we now have. But it is sup posed Jay is re-elected. It is said Hamilton declines coming to the Senate. He very soon stopped his Marcellus. It was rather the sequel that was feared than what actually appeared. He comes out on a different plan in his Titus Manllus, if that be really his. The appointments to the Missisipi territory were so abominable that the Senate could not swallow them. They referred them to a commte to inquire 1798] THOMAS JEFFERSON. 249 into characters, and the P withdrew the nomination & has now named Winthrop Sergeant Governor, Steele of Augusta in Virginia, Secretary, Tilton & two of the Judges, the other not yet named. * * * As there is nothing material now to be proposed, we generally expect to rise in about three weeks. However, I do not yet venture to order my horses. My respectful salutations to mrs. Madison. To yourself affectionate friendship, & adieu. Perhaps the Pr's expression before quoted, may look to the Sedition bill which has been spoken of, and which may be meant to put the Printing presses under the Imprimatur of the executive. Bache is thought a main object of it. Cabot, of Massachusetts, is appointed Secretary of the Navy. It is said Ham ilton declines coming to the Senate. TO JAMES LEWIS, JUNIOR. J. mss. Philadelphia, May 9, 1798. Dear Sir, — I am much obliged by your friendly letter of the 4th inst. As soon as I saw the first of mr Martin's letters, I turned to the newspapers of the day, & found Logan's speech, as translated by a common Indian interpreter The version I had used, had been made by Genl Gibson. Finding from mr Martin's style, that his object was not merely truth, but to gratify party passions, I never read another of his letters. I determined to do my duty by searching 250 THE WRITINGS OF [1798 into the truth, & publishing it to the world, whatever it should be. This I shall do at a proper season. I am much indebted to many persons, who, without any acquaintance with me, have voluntarily sent me information on the subject. Party passions are in deed high. Nobody has more reason to know it than myself. I receive daily bitter proofs of it from people who never saw me, nor know anything of me but through Porcupine & Fenno. At this moment all the passions are boiling over, and one who keeps himself cool and clear of the contagion, is so far below the point of ordinary conversation, that he finds him self Insulated in every society. However, the fever will not last. War, land tax & stamp tax, are seda tives which must calm its ardor. They will bring on reflection, and that, with information, is all which our countrymen need, to bring themselves and their affairs to rights. They are essentially republican. They retain unadulterated the principles of '75, and those who are conscious of no change in themselves have nothing to fear in the long run. It is our duty still to endeavor to avoid war ; but if it shall actually take place, no matter by whom brought on, we must defend ourselves. If our house be on fire, without inquiring whether it was fired from within or without, we must try to extinguish it. In that, I have no doubt, we shall act as one man. But if we can ward off actual war till the crisis of England is over, I shall hope we may escape It altogether. I am, with much esteem, dear Sir, your most obedient humble servant. 1798] THOMAS JEFFERSON. 251 TO JAMES MADISON. mad. mss. May 10. 98. * * * No bill has passed since my last. The alien bill now before the Senate you will see in Bache. I shall make no comment on it. The first clause was debated through the whole of Tuesday. To judge from that we cannot expect above 5. or 6. votes- against it. We suppose the lower house will throw it out & proceed on that which they have prepared. The bill for the provision of army is under debate. It will probably pass or be rejected by a very minute majority. If our members were here It would be re jected with ease. The tax on lands, slaves & houses is proceeding. The questions on that will only be of modification. The event of the N. York elections is not yet absolutely known, but It is still believed we have gained 2. more republicans to Congress. Burr was here a day or two ago. He says they have got a decided majority of Whigs in their state H. of R. He thinks that Connecticut has chosen one Whig, a mr. Granger, & calculates much on the effect of his- election. An election here of town officers for South wark, where it was said the people had entirely gone over to the tory side, showed them unmoved. The Whig ticket was carried by ten to one. The Informa tions are so different as to the effect of the late dis patches on the people here that one does not know what to conclude : but I am of opinion they are little moved. Some of the young men who addressed the President on Monday mounted the Black (or English) cockade. The next day numbers of the people ap peared with the tricolored (or French) cockade. Yes- .252 THE WRITINGS OF [1798 terday being the fast day the black cockade again appeared, on which the tricolour also showed itself. A fray ensued, the light horse were called in, & the city was so filled with confusion from about 6. to 10. o'clock last night that it was dangerous going out. I write in the morning & therefore know nothing of the particulars as yet, but as I do not send my letter to the post office till night, I shall probably be able by that time to add some details. It is also possible some question may be taken which may indicate the fate of the provisional army. There is a report, which comes from Baltimore, of peace between France ¦& England on terms entirely dictated by the former But we do not hear how it comes, nor pay the least attention to it. P. M. By the proceedings In Senate today I con clude the alien bill will pass 1 7 to . The provisional army has been under debate in the lower house. A motion was made to strike out the first section con fessedly for the purpose of trying the fate of the bill. The motion was lost by 44. to 1 7. Had all the mem bers In town been present, & the question in the house instead of the committee, the vote would have been 45. against the bill & 46. for it. No further particu lars about the riot appear. * * •» TO JAMES MADISON. j. mss. May 17. 98 My last to you was of the loth. Since that I have received yours of the 5th. I immediately sent a note to Carey to forward his paper to your brother as you desired. The first vote of any importance on the 1798] THOMAS JEFFERSON. 253, alien bill was taken yesterday. It was one agreeing on the 1st section, which was carried by 12. to 7. If all the Senators in town had been present it would have been 1 7. to 7. The Provisional army gets along.. The Rep. have reduced the 28. to 10. M. They have struck out the clauses for calling out & exercising 20,- 000 militia at a time. The ist Volunteer clause has. been carried by a great majority. But endeavours will be made to render it less destructive & less injurious to the militia. I shall enclose you a copy of the land- tax bill. In the first moments of the tumult here, mentioned in my last, the cockade assumed by one party was mistaken to be the tricolor. It was the old. blue & red adopted in some places in an early part of the revolution war. However it is laid aside. But the black is still frequent. I am a little apprehensive Burr will have miscalculated on Granger's election in Connecticut. However it is not yet known here. It was expected Hlllhouse would have been elected. their Lt. Govr. but Treadwell is chosen. We know nothing more certain yet of the New York elections. Hamilton declined his appointment as Senator, & Jay has named North, a quondam aid of Steuben. All sorts of artifices have been descended to, to agitate the popular mind. The President received 3. anonymous letters (written probably by some of the war men) announcing plots to burn the city on the fast-day. He thought them worth being known, & great preparations were proposed by the way of caution, & some were yielded to by the governor Many weak people packed their most valuable mova bles to be ready for transportation. However the :254 THE WRITINGS OF [1798 •day passed without justifying the alarms. Other idle stories have been since circulated, & the popular mind has not been proof against them. The addresses & answers go on. Some parts of Maryland & of this state are following the example of N. Jersey. The addresses are probably written here ; those which come purely from the country are merely against the French, those written here are pointed with acrimony to party. You will observe one answer in which a most unjustifiable mention has been made of Monroe, without the least occasion leading to it from the ad dress. It is now openly avowed by some of the eastern men that Congress ought not to separate. And their reasons are drawn from circumstances which will exist through the year. I was in hopes that all efforts to render the sessions of Congress permanent were abandoned. But a clear profit of 3. ¦or 4. Dollars a day is sufficient to reconcile some to their absence from home. A French privateer has lately taken 3. American vessels from York & Phila. bound to England. We do not know their loading, but it has alarmed the merchants much. Wheat & ilour are scarcely bought at all. Tobacco, old, of the best quality, has long been 14. D. My respects to Mrs. Madison & to the family. Affectionate adieus to yourself. TO AARON burr. j. mss. Philadelphia, May 20. 98. Dear Sir, — When I had the pleasure of seeing you here, I spoke to you on the case of a friend of mine, Dr James Currie, of Richmond, and asked the favor of 1798] THOMAS JEFFERSON. 255 you to proceed, in the way then spoken of, to recover against Robert Morris, Dr. Currie's demand, the papers establishing which you had received. I have just received a letter from him wishing this matter to be pressed. I take the liberty therefore of repeat ing my request, & that you will be so good as to send to mr. John Barnes, merchant south 3d street, who is my agent here a note of your own fee & of any costs which it may be necessary to advance & he will answer them now & from time to time on my account, whether I am here or not. I have not heard from mr. Burwell : but I know it to be his wish to have the same pro ceedings as shall be pursued for Dr. Currie. Mr. Barnes is his agent for his money matters at this place, so that his costs you will be so good as to note separately to him. His name is Lewis Burwell. He is also of Richmond. This being merely a letter of business I shall only add assurances of the esteem & respect with which I am dear sir your most obedient & most humble servant.^ ' Other letters to Burr on this subject are as follows : Philadelphia May 26th. 98. Dear Sir, — I received yesterday your favor of the 24th. The other notes delivered by Mr. Burwell to Mr. Ludlow belonged three of them to Dr Currie, & the rest to himself. To wit Dr. Currie's Doll. John Nicholson's note to Rob. Morris dated Nov. i8. 94 for 3500 payable in 3 years do to do Nov. 18. 94 3500 do do to do Nov. iS. 94 4000 do 11.000 Mr. BurweU's John Nicholson's note to Rob. Morris dated Nov. 20. 94 for 4000 payable in 3 years do to do Nov. 20. 94 4000 do do to do Jan. 15, 95 2500 do do to do Mar. i. 95 4000 do 14,500 2s6 THE WRITINGS OF [179S TO JAMES MONROE. j.mss. Philadelphia, May 21, 1798. Yours of Apr 8 14, & May 4 & 14, have been received in due time. I have not written to you since the 19th ult., because I knew you would be out on a circuit, and would receive the letters only when they would be as old almanacs. The bill for the Provisional army has got through the lower house, the regulars reduced to 10,000, and the volunteers unlimited. It was carried by a majority of 1 1. The land-tax Is now on the carpet to raise 2. millions of dollars ; yet I think they must at least double It, as the expenses of the provisional army were not pro vided for in it, and will require of itself 4. millions a year. I presume, therefore, the tax on lands, houses, Sz; negroes, will be a dollar a head on the population of each state. There are alien bills, sedition bills, This last one of Mr. BurweU's was not delivered to mr. Ludlow, but will be handed to him by mr. Barnes by this day's post. You will therefore be pleased to proceed in the name of Dr. James Currie for the three first notes, amounting to 11,000 Dollars. You mention that discretionary powers must be given some person in N. York in order that you may be able to asso ciate these gentlemen in a general compromise with some others for whom you will obtain judgment in July. Dr. Currie has given me full powers to act for him, & I hereby give you full & discretionary powers to do for him whatever you may think for his interest. I enclose you one of his letters to me sufficiently evidencing his committing the matter to me. Mr. Barnes is authorized by mr, Burwell to take the same steps for him which I do for Dr. Currie. He will therefore write to you this day. Dr. Currie has another claim by judgment re covered here against Griffin & Morris which may be the subject of a future letter to you. Perhaps, after I shall have seen Mr. IngersoU his attorney (now absent from town). If Congress mean to adjourn at all (which I doubt) I shall stay here till they adjourn. If they do not, after passing the land tax, I shall consider it as evi dence they mean to make their sessions permanent, & shall then go home for the season. I am with great & sincere esteem. Dear Sir, your friend & servant. 1798] THOMAS JEFFERSON. 257 &c., also before both houses. The severity of their aspect determines a great number of French to go off. A ship-load sails on Monday next ; among them Volney. If no new business Is brought on, I think they may get through the tax bill in 3 weeks. You will have seen, among numerous addresses & answers, one from Lancaster in this State, and it's answer. The latter travelling out of the topics of the address alto gether, to mention you in a most injurious manner. Your feelings have no doubt been much irritated by it, as in truth it had all the characters necessary to produce irritation. What notice you should take of it is difficult to say. But there is one step in which two or three with whom I have spoken concur with me, that feeble as the hand is from which this shaft is thrown, yet with a great mass of our citizens, strangers to the leading traits of the character from which it Philadelphia, June 16. 98. Dear Sir, — In my letter of May 26. I mentioned to you that Dr. Currie had another demand by judgment against John Tayloe Griffin as principal, & Robert Morris garnishee, which should be the subject of a future letter to you. I now enclose you a transcript by the record of the Supreme Court of this state. It seems by this (I have not examined the record with minute attention) that the court have considered Robert Morris as holding property of Griffin's to the amount of ;^4305 Pensva currency = 11480 Dolls not due, as stated on inter rogatory, till Dec. 3. 1800. But that interest at 5 per cent must have been payable annually, as he confesses judgment for £ 959-8-8 interest on that sum to Dec. 3, 95. which was paid to mr. Ingersoll, & a scire facias issued for the interest of the year 1796 being ;^2i5-5 has been issued since. On this last, nothing has been done, as no effects here can be got at. This interest there fore for the year 1796. & now also for the year 1797, is due & immediately re coverable as to the principal. I know not how the laws may be with you : but in Virginia, where we have courts of Chancery on the principles of that of England, tho' in a court of law the principal could not be demanded before due, yet the Chancery, in consideration of the hazard in which it is placed by the change of circumstances of Rob. Morris would either oblige him VOL. VII.— J7 258 THE WRITINGS OF [1798 came, it will have considerable effect ; & that in order to replace yourself on the high ground you are en titled to, it is absolutely necessary you should reap pear on the public theatre, and take an independent stand, from which you can be seen & known to your fellow citizens. The He of Repr appears the only place which can answer this end, as the proceedings of the other house are too obscure. Cabell has said he would give way to you, whenever you should chuse to come in, and I really think It would be expedient for yourself as well as the public, that you should not wait until another election, but come to the next session. No Interval should be admitted between this last attack of enmity and your re-appear ance with the approving voice of your constituents, & your taking a commanding attitude. I have not before been anxious for your return to public life, lest it should interfere with a proper pursuit of your private Interests, but the next session will not at all interfere with your courts, because it must end Mar to give security or sequester any property of his which the plaintiff would point out. If it be so with you, then we may hope that the principal may be secured so as to be received in 1800, & the interest for 96. & 97. immediately recovered. I will pray you however to have done for Dr. Currie both as to principal & interest whatever your laws will anthorize for the best. I enclose you a letter from him referring you to me, & I hereby give you as full powers to act herein as he has given to me. I leave this place in the morning of the 20th. & would thank you to be informed what prospect you think there is of these several matters. If I am gone, the letter will follow & find me at home. I am with great esteem dear sir your friend & servant. MONTICELLO, Nov. 12. I798. Dear Sir, — Dr. Currie, on whose behalf I troubled you last summer, being anxious to learn something of the prospect he may have of recovering from Robert Morris, I take the liberty of a.sking a line directed to me at this place 1798] THOMAS JEFFERSON. 259 4, and I verily believe the next election will give us such a majority in the He of R as to enable the republican party to shorten the alternate unlimited session, as it is evident that to shorten the sessions is to lessen the evils & burthens of the government on our country. The present session has already cost 200,000 D, besides the wounds it has inflicted on the prosperity of the Union. I have no doubt Cabell can be induced to retire immediately, & that a writ may be issued at once. The very idea of this will strike the public mind, & raise its confidence in you. If this be done, I should think it best you should take no notice at all of the answer to Lancaster. Because, were you to shew a personal hostility against the answer, it would deaden the effect of everything you should say or do in your public place hereafter. All would be ascribed to an enmity to Mr. A., and you know with what facility such insinuations enter the minds of men. I have not seen Dawson since this answer has appeared, & therefore have not yet learnt where I shall still be long enough to receive it. I should not have troubled you but that you expected early in the summer to be able to judge what could be done. I am aware at the same time that the fever at New York may have disturbed all legal proceedings. I did not mean to say a word on politics, but it occurs that I have seen in the New York papers a calumny which I suppose will run through the union, that I had written by Doctr. Logan letters to Merlin & Taleyrand. On retiring from the Secretary of state's office, I determined to drop all correspondence with France, knowing the base calumnies which would be built on the most innocent correspondence. I have not therefore written a single letter to that country, within that period except to Mr. Short on his own affairs merely which are under my direction, and once or twice to Colo. Monroe. By Logan I did not write even a letter to Mr. Short, nor to any other person whatever. I thought this notice of the matter due to my friends, though I do not go into the newspapers with a formal declaration of it. I am &c. 26o THE WRITINGS OF [1798 his sentiments on it. My respectful salutations to Mrs. Monroe ; & to yourself, affectionately adieu. P. S. Always examine the seal before you open my letters.^ TO JAMES MADISON. mad. mss. Philadelphia, May 31, 98. I wrote to you last on the 24th, since which yours of the 20th Is received. I must begin by correcting two errors in my last. It was false arithmetic to say, that two measures therein mentioned to be carried by majorities of 1 1., would have failed if the 14. absentees (wherein a majority of 6 was ours) had been present. Six coming over from the other side would have turned the scale, and this was the idea floating in my mind, which produced the mistake. The 2d error was in the version of mr. A's expression, which I stated to you. His real expression was 'that he would not unbrace a single nerve for any treaty France could offer ; such was their entire want of faith, morality,' &c. The bill from the Senate for capturing French armed vessels found hovering on our coast was passed in two days by the lower house, without a single alteration ; and the Ganges, a 20-gun sloop, fell down the river instantly to go on a cruise. She has since been ordered to New York, to convoy a vessel from that to this port. The Alien bill will be ready to day, probably, for it's 3d reading in the Sen ate. It has been considerably mollified, particularly ' On outside of letter. 1798] THOMAS JEFFERSON. 261 by a proviso saving the rights of treaties. Still, it is a most detestable thing. I was glad, in yesterday's discussion, to hear it admitted on all hands, that laws of the U S, subsequent to a treaty, controul it's oper ation, and that the legislature is the only power which can controul a treaty. Both points are sound beyond doubt. This bill will unquestionably pass the He of R, the majority there being decisive, con solidated, and bold enough to do anything. I have no doubt from the hints dropped, they will pass a bill to declare the French treaty void. I question if they will think a declaration of war prudent, as it might alarm, and all it's effects are answered by the act authorizing captures. A bill is brought in for sus pending all communication with the dominions of France, which will no doubt pass. It is suspected they mean to borrow money of individuals in Lon don, on the credit of our land tax, & perhaps the guarantee of Gt Britain. The land tax was yesterday debated, and a majority of 6. struck out the 13th. section of the classification of houses, and taxing them by a different scale from the lands. Instead of this. Is to be proposed a valuation of the houses & lands together. Macon yesterday laid a motion on the table for adjourning on the 14th. Some think they do not mean to adjourn ; others, that they wait first the return of the envoys, for whom it is now avowed the brig Sophia was sent. It is expected she would bring them off about the middle of this month. They may, therefore, be expected here about the 2d week of July. Whatever be their decision as 262 THE WRITINGS OF [1798 to adjournment, I think it probable my next letter will convey orders for my horses, and that I shall leave this place from the 20th to the 25th of June ; for I have no expectation they will actually adjourn sooner. Volney & a ship-load of others sail on Sun day next. Another ship-load will go off in about 3 weeks. It is natural to expect they go under irrita tions calculated to fan the flame. Not so Volney. He is most thoroughly impressed with the importance of preventing war, whether considered with reference to the interests of the two countries, of the cause of republicanism, or of man on the broad scale. But an eagerness to render this prevention impossible, leaves me without any hope. Some of those who have insisted that it was long since war on the part of France, are candid enough to admit that it is now begun on our part also. I enclose for your perusal a poem on the alien bill, written by mr. Marshall. I do this, as well for your amusement, as to get you to take care of this copy for me till I return ; for it will be lost by lending. If I retain It here, as the publica tion was suppressed after the sale of a few copies, of which I was fortunate enough to get one. Your locks, hinges, &c., shall be immediately attended to. My respectful salutations & friendship to mrs. Madison, to the family, & to yourself Adieu. P. S. The President, It is said, has refused an Ex equatur to the Consul General of France, Dupont. P. P. S. This fact is true. I have it this moment from Dupont, and he goes off with Volney to France in two or three days. 1798] THOMAS JEFFERSON. 263 TO JOHN TAYLOR. ed. of 1829. Philadelphia, June i, 1798. * * * Mr. New showed me your letter on the subject of the patent, which gave me an opportunity of observing what you said as to the effect, with you, of public proceedings, and that it was not unwise now to estimate the separate mass of Virginia and North Carolina, with a view to their separate exist ence. It is true that we are completely under the saddle of Massachusetts and Connecticut, and that they ride us very hard, cruelly insulting our feelings, as well as exhausting our strength and subsistence. Their natural friends, the three other eastern States, join them from a sort of family pride, and they have the art to divide certain other parts of the Union, so as to make use of them to govern the whole. This is not new, it is the old practice of despots ; to use a part of the people to keep the rest In order And those who have once got an ascendancy, and pos sessed themselves of all the resources of the nation, their revenues and offices, have immense means for retaining their advantage. But our present situation is not a natural one. The republicans, through every part of the Union, say, that It was the irresistible In fluence and popularity of General Washington played off by the cunning of .Hamilton, which turned the government over to anti-republican hands, or turned the republicans chosen by the people into anti-repub licans. He delivered It over to his successor in this state, and very untoward events since, improved with great artifice, have produced on the public mind the 264 THE WRITINGS OF [1798 impressions we see. But still I repeat it, this is not the natural state. Time alone would bring round an order of things more correspondent to the sentiments of our constituents. But are there no events impend ing, which will do it within a few months ? The crisis with England, the public and authentic avowal of sentiments hostile to the leading principles of our Constitution, the prospect of a war, in which we shall stand alone, land tax, stamp tax, increase of public debt, &c. Be this as it may, in every free and deliberating society, there must, from the nature of man, be opposite parties, and violent dissensions and discords ; and one of these, for the most part, must prevail over the other for a longer or shorter time. Perhaps this party division is necessary to in duce each to watch and delate to the people the proceedings of the other But if on a temporary superiority of the one party, the other is to resort to a scission of the Union, no federal government can ever exist. If to rid ourselves of the present rule of Massachusetts and Connecticut, we break the Union, will the evil stop there ? Suppose the New England States alone cut off, will our nature be changed? Are we not men still to the south of that, and with all the passions of men ? Immedi ately, we shall see a Pennsylvania and a Virginia party arise in the residuary confederacy, and the public mind will be distracted with the same party spirit. What a game too will the one party have in their hands, by eternally threatening the other that unless they do so and so, they will join their 1798] THOMAS JEFFERSON. 265 northern neighbors. If we reduce our Union to Virginia and North Carolina, immediately the con flict will be established between the representatives of these two States, and they will end by breaking into their simple units. Seeing, therefore, that an association of men who will not quarrel with one another is a thing which never yet existed, from the greatest confederacy of nations down to a town meeting or a vestry ; seeing that we must have somebody to quarrel with, I had rather keep our New England associates for that purpose, than to see our bickerings transferred to others. They are circumscribed within such narrow limits, and their population so full, that their numbers will ever be the minority, and they are marked, like the Jews, with such a perversity of character, as to constitute, from that circumstance, the natural division of our parties. A little patience, and we shall see the reign of witches pass over, their spells dissolved, and the people re covering their true sight, restoring their government to its true principles. It is true, that in the mean time, we are suffering deeply in spirit, and incurring the horrors of a war, and long oppressions of enor mous public debt. But who can say what would be the evils of a scission, and when and where they would end? Better keep together as we are, haul off from Europe as soon as we can, and from all at tachments to any portions of it ; and if they show their power just sufficiently to hoop us together, it will be the happiest situation in which we can exist. If the game runs sometimes against us at home, we 266 THE WRITINGS OF [1798 must have patience till luck turns, and then we shall have an opportunity of winning back the principles we have lost. For this is a game where principles are the stake. Better luck, therefore, to us all, and health, happiness and friendly salutations to yourself. Adieu. P. S. It is hardly necessary to caution you to let nothing of mine get before the public ; a single sen tence got hold of by the Porcupines, will suffice to abuse and persecute me in their papers for months. TO J.\MES MADISON. mad. mss. Philadelphla June 7. 98. I wrote you last on the 31st since which yours of the 27th of May is received. The alien bill when we had nearly got through it, on the 2d reading (on a report from the committee of the whole) was referred to a special committee, by a vote of it's friends (12) against 11. who thought it could be rejected on the question for the 3d reading. It is reported again very much softened, and if the proviso can be added to It, saving treaties, it will be less objectionable than I thought It possible to have obtained. Still It would place aliens not protected by treaties [illegible] abso lute government. They have brought into the lower- house a sedition bill, which among other enormities, undertakes to make printing certain matters criminal, tho' one of the amendments to the Constitution has so expressly taken religion, printing presses &c. out 1798] THOMAS JEFFERSON. 267 of their coercion. Indeed this bill & the alien bill both are so palpably in the teeth of the Constitution as to shew they mean to pay no respect to it. The citizen bill passed by the lower house sleeps in a Committee of the Senate. In the mean time Callendar, a principal object of it, has eluded it, by getting himself made a citizen. Volney is gone. So is Dupont, the rejected consul. The bill suspend ing intercourse with the French dominions will pass the Senate today with a small amendment. The real object of this bill is to evade the counter-irrita tions of the English who under the late orders for taking all vessels from French ports, are now taking as many of our vessels as the French. By forbid ding our vessels to go to or from French ports we remove the pabulum for these violations of our rights by the English, undertaking to do the work for them ourselves in another way. The tax on lands, houses, & slaves is still before the H. of R. They have determined to have the houses & lands valued separately though to pay the same tax ad valorem, but they avow that when they shall have got at the number & value of houses, they shall be free here after to tax houses separately, as by an indirect tax. This is to avoid the quotaing of which they cannot bear the idea. Requeries under a quotaing law can only shift the burthen from one part to another of the same state ; but relieve them from the bridle of the quota & all requeries go to the relief of the states. So odious Is the quota to the N. E. members that many think they will not pass the bill at all. The 268 THE WRITINGS OF [1798 question of adjournment was lost by two votes. Had our members been here it would have been carried & much mischief prevented. I think now they will make their session permanent. I have therefore in my letters of today ordered my horses to be at Fredsbg on the 24. & shall probably be with you on the 25th or 26th. I send you further communications from our envoys. To these I believe I may add on good grounds that Pinckney is gone with his family into the south of France for the health of his daughter. Marshal to Amsterdam (but whether coming here for instructions or not is a secret not entrusted to us) & Gerry remains at Paris. It is rumored & I believe with probability that there is a schism between Gerry & his colleagues. Perhaps the directory may make a treaty with Gerry, if they can get through it before the brig Sophia takes him off. She sailed the ist of April. It is evident from these communications that our envoys had not the least idea of a war between the two countries ; much less that their dispatches are the cause of it. I men tioned to you in my last that I expected they would bring in a bill to declare the treaty with France void. Dwight Foster yesterday brought in resolutions for that purpose, & for authorizing general reprisals on the French armed vessels : & such is their prepon derance by the number & t'alents of our absentees withdrawing from us that they will carry it. Never was any event so important to this country since it's revolution, as the issue of the invasion of England. With that we shall stand or fall. Colo. Jones's situ- 1798] THOMAS JEFFERSON. 269 ation is desperate. Every day is now expected to be his last. The petition for the reform of the British parliament enclosed in your last shall be dis posed of as you desire. And the first vessel for Fredericksburg will carry your locks, hinges, pulleys & glass. My respectful salutations to Mrs. Madison & the family. Friendship & adieus to yourself TO ARCHIBALD STUART.' Philadelphia. June 8. 98. Dear Sir, — I inclose you some further communi cations from our envoys at Paris. To the informa tion contained in these I can add that by the latest accounts Mr. Pinckney was gone into the south of France for the health of his family, Mr. Marshall to Amsterdam, and Mr. Gerry remained at Paris. It appears that neither themselves nor the French gov ernment dreamt of war between the two countries. It seems also fairly presumable that the douceur of 50,000 Guineas mentioned in the former dispatches was merely from X. and Y. as not a word is ever said by Taleyrand to our envoys, nor by them to him on the subject. It is now thought possible that Gerry may be pursuing the treaty for he was always viewed with more favor by the French government than his collegues whom they considered as personally hos tile to them. It seems they offered to pay in time for unjustifiable spoliations, and insist on a present ' From the original in the possession of the Virginia Historical Society. 270 THE WRITINGS OF [1798 loan (and it would be much more than an equivalent). There seems nothing to prevent a conclusion, unless indeed the brig Sophia should arrive too soon & bring him away. She sailed from hence the ist of April with positive orders to the envoys to come away. In the meantime, besides accumulating irrita tions we are proceeding to actual hostilities. You will have seen in the papers the bills already passed, and the measures now proposed. Every thing will be carried which is proposed. Nobody denies but that France has given just cause of war, but so has Gr. Britain & she is now capturing our vessels as much as France, but the question was one merely of prudence, whether seeing that both powers in order to injure one another, bear down every thing in their way, without regard to the rights of others, spoliat ing equally Danes, Swedes & Americans, it would not be more prudent in us to bear with it as the Danes & Swedes do, curtailing our commerce, and waiting for the moment of peace, when it is probable both nations would for their own interest & honour retribute for their wrongs. However the public mind has been artfully inflamed by publications well calculated to deceive them & them only and espe cially in the towns, and irritations have been multi plied so as to shut the door of accomodation, and war is now inevitable. I imagine that France will do lit tle with us till she has made her peace with England, which, whether her invasion succeeds or fails, must be made this summer and autumn. The game on both sides is too heavy to be continued. When she 1798] THOMAS JEFFERSON. ztl shall turn her arms on us, I imagine it will be chiefly against our commerce and fisheries. If any thing is attempted by land it will probably be to the west ward. Our great expence will be in equipping a navy to be lost as fast as equipped, or to be maintained at an expence which will sink us with itself, as the like course is sinking Great Britain. Of the two millions of Dollars now to be raised by a tax on lands, houses & slaves, Virginia is to furnish between 3 & 400,000 but this is not more than half of the actual expence if the provisional army be raised, nor one tenth of what must be the annual expences. I see no way in which we can Injure France so as to advance to ne gociation (as we must do in the end) on better ground than at present and I believe it will thus appear to our citizens generally as soon as the present fervor cools down and there will be many sedatives to effect this. For the present however, nothing can be done. Silence and patience are necessary for a while ; and I must pray you, as to what I now write, to take care it does not get out of your own hand, nor a breath of it in a newspaper. I wrote to Mr. Clarke some time ago mentioning that I had been here for six months advancing for all the nail rods for my nailery without the possibility of receiving any thing from it till my return. That this will render it necessary to receive immediately on my return whatever sums my customers may have in hand for me. I yesterday received a letter from him informing me he had left Staunton, & with our approbation had turned over my matters to a Mr. John McDowell. As I am not 272 THE WRITINGS OF [1798 acquainted with him, nor as yet in correspondence with him, will you be so good as to mention to him that I shall have great need of whatever sum he may have on hand for me, as soon as I return, and should be very glad if he could lodge it with Col° Bell by our July court, at which I shall be, or if no convey ance occurs he can send me a line by post to Char lottesville informing me what sum I can count on. His future orders for nails I shall be able to attend to in person. I leave this for MonticeUo on the 2d^. inst. The adjournment of Congress is not yet fixed. TO JAMES MADISON. mad. mss. Philadelphla, June 21, 98. Yours of the loth inst is received. I expected mine of the 14th would have been my last from hence, as I had proposed to have set out on the 20th ; but on the morning of the 1 9th, we heard of the ar rival of Marshall at New York and I concluded to stay & see whether that circumstance would produce any new projects. No doubt he there received more than hints from Hamilton as to the tone required to be assumed. Yet I apprehend he is not hot enough for his friends. Livingston came with him from New York. M told him they had no idea in France of a war with us. That Taleyrand sent passports to him & Pinckney, but none for Gerry. Upon this, Gerry staid, without explaining to them the reason. 1798] THOMAS JEFFERSON. 273 He wrote, however, to the President by Marshall, who knew nothing of the contents of the letter. So that there must have been a previous understanding between Taleyrand & Gerry. M was received here with the utmost eclat. The Secretary of state & many carriages, with all the city cavalry, went to Frankfort to meet him, and on his arrival here in the evening, the bells rung till late in the night, & im mense crowds were collected to see & make part of the shew, which was circuitously paraded through the streets before he was set down at the city tavern. All this was to secure him to their views, that he might say nothing which would expose the game they have been playing. Since his arrival I can hear of nothing directly from him, while they are disseminat ing through the town things, as from him, diametrically opposite to what he said to Livingston. Dr Logan, about a fortnight ago, sailed for Hamburg. Tho for a twelvemonth past he had been intending to go to Europe as soon as he could get money enough to carry him there, yet when he had accomplished this, and fixed a time for going, he very unwisely made a mystery of it : so that his disappearance without notice excited conversation. This was seized by the war hawks, and given put as a secret mission from the Jacobins here to solicit an army from France, in struct them as to their landing, &c. This extrava gance produced a real panic among the citizens ; & happening just when Bache published Taleyrand's letter. Harper, on the i8th, gravely announced to the He of R, that there existed a traitorous correspond- VOL, VII.— 18 274 THE WRITINGS OF [1798 ence between the Jacobins here and the French Di rectory ; that he had got hold of some threads & clues of it, and would soon be able to develop the whole. This increased the alarm ; their libelists im mediately set to work, directly & indirectly to impli cate whom they pleased. Porcupine gave me a principal share in it, as I am told, for I never read his papers. This state of things added to my reasons for not departing at the time I intended. These fol lies seem to have died away in some degree already. Perhaps I may renew my purpose by the 25th. Their system is, professedly, to keep up an alarm. Tracy, at the meeting of the joint committee for adjourn ment, declared it necessary for Congress to stay to gether to keep up the inflammation of the public mind ; and Otis expressed a similar sentiment since. However, they will adjourn. The opposers of ad journment in Senate, yesterday agreed to adjourn on the loth of July. But I think the ist of July will be carried. That is one of the objects which detains myself, as well as one or two more of the Senate, who had got leave of absence. I imagine it will be decided to-morrow or next day. To separate Con gress now, will be withdrawing the fire from under a boiling pot. Your commissioners here are all In readiness, but no vessel for Fredericksburg has yet occurred. My respectful salutations to mrs. Madison, & the family, & cordial friendship to yourself P. M. A message to both houses this day from the Prt, with the following communications. 1798] THOMAS JEFFERSON. 275 Mar 23. Pickering's letter to the envoys, directing them, if they are not actually eng^ed in negociation with authorized persons, or not conducted bona fide, & not merely for procrastination, to break up & come home, and at any rate to consent to no loan. Apr 3. Talleyrand to Gerry. He supposes the other two gentlemen, per ceiving that their known principles are an obstacle to negociation, will leave the republic, and proposing to renew the negociations with Gerry immediately. Apr 4. Gerry to Taleyrand. Disclaims a power to conclude anything sepa rately, can only confer informally & as an unaccredited individual, reserving to lay everything before the government of the U S for approbation. Apr 14. Gerry to the President. He communicates the preceding, and hopes the President will send other persons instead of his collegues & himself, if it shall appear that anything can be done. The President's message says, that as the instruc tions were not to consent to any loan, he considers the negociation as at an end, and that he will never send another minister to France, until he shall be assured that he will be received and treated with the respect due to a great, powerful, free & independent nation. A bill is brought into the Senate this day, to de clare the treaties with France void, prefaced by a list of grievances in the style of a manifesto. It passed to the 2d. reading by 14 to 5. A bill for punishing forgeries of bank paper, passed to the 3d. reading by 14 to 6. Three of the 14. (Laurence, Bingham & Read) bank directors. TO SAMUEL SMITH. J- mss. MONTICELLO, Aug. 22, 98. Dear Sir, — Your favor of Aug 4 came to hand by our last post, together with the " extract of a letter from a gentleman of Philadelphia, dated July 10," cut 276 THE WRITINGS OF [1798 from a newspaper stating some facts which respect me. I shall notice these facts. The writer says that "the day after the last despatches were communi cated to Congress, Bache, Leib, &c., and a Dr. Rey nolds were closeted sffith. me." If the receipt of visits in my public room, the door continuing free to every one who should call at the same time, may be called closeting, then it is true that I was closeted with every person who visited me ; in no other sense is it true as to any person. I sometimes received visits from Mr. Bache & Dr. Leib. I received them always with pleasure, because they are men of abilities, and of principles the most friendly to liberty & our present form of government. Mr. Bache has another claim on my respect, as being the grandson of Dr. Franklin, the greatest man & ornament of the age and country in which he lived. Whether I was visited by Mr. Bache or Dr Leib the day after the communication referred to, I do not remember. I know that all my motions at Philadelphia, here, and everywhere, are watched & recorded. Some of these spies, therefore, may remember better than I do, the dates of these visits. If they say these two gentlemen visited me on the day after the communications, as their trade proves their accuracy, I shall not contradict them, tho' I affirm that I do not recollect it. However, as to Dr. Reynolds I can be more particular, because I never saw him but once, which was on an introduc tory visit he was so kind as to pay me. This, I well remember, was before the communication alluded to, & that during the short conversation I had with him. 1798] THOMAS JEFFERSON. 277 not one word was said on the subject of any of the communications. Not that I should not have spoken freely on their subject to Dr. Reynolds, as I should also have done to the letter writer, or to any other person who should have introduced the subject. I know my own principles to be pure, & therefore am not ashamed of them. On the contrary, I wish them known, & therefore willingly express them to every one. They are the same I have acted on from the year 1775 to this day, and are the same, I am sure, with those of the great body of the American people. I only wish the real principles of those who censure mine were also known. But warring against those of the people, the delusion of the people is necessary to the dominant party. I see the extent to which that delusion has been already carried, and I see there is no length to which it may not be pushed by a party in possession of the revenues & the legal authorities of the U S, for a short time indeed, but yet long enough to admit much particular mischief There is no event, therefore, however atrocious, which may not be expected. I have contemplated every event which the Maratists of the day can per petrate, and am prepared to meet ever)' one in such a way, as shall not be derogatory either to the pub lic liberty or my own personal honor. The letter writer says, I am "for peace; but It is only with France." He has told half the truth. He would have told the whole, if he had added England. I am for peace with both countries. I know that both of them have given, & are daily giving, sufficient 278 THE WRITINGS OF [1798 cause of war ; that in defiance of the laws of nation.s, they are every day trampling on the rights of all the neutral powers, whenever they can thereby do the least Injury, either to the other But, as I view a peace between France & England the ensuing winter to be certain, I have thought It would have been bet ter for us to continue to bear from France through the present summer, what we have been bearing both from her & England these four years, and still con tinue to bear from England, and to have required indemnification in the hour of peace, when I verily believe it would have been yielded by both. This seems to be the plan of the other neutral nations ; and whether this, or the commencing war on one of them, as we have done, would have been wisest, time & events must decide. But I am quite at a loss on what ground the letter writer can question the opinion, that France had no Intention of making war on us, & was willing to treat with Mr Gerry, when we have this from Taleyrand's letter, and from the written and verbal information of our envoys. It is true then, that, as with England, we might of right have chosen either peace or war, & have chosen peace, and prudently In my opinion, so with France, we might also of right have chosen either peace or war, & we have chosen war Whether the choice may be a popular one in the other States, I know not. Here it certainly is not ; & I have no doubt the whole American people will rally ere long to the same sentiment, & rejudge those who, at present, think they have all judgment in their own hands. 1798] THOMAS JEFFERSON. 279 These observations will show you, how far the im putations in the paragraph sent me approach the truth. Yet they are not intended for a newspaper. At a very early period of my life, I determined never to put a sentence into any newspaper. I have re ligiously adhered to the resolution through my life, and have great reason to be contented with it. Were I to undertake to answer the calumnies of the news papers, it would be more than all my own time, & that of 20. aids could effect. For while I should be answer ing one, twenty new ones would be Invented. I have thought it better to trust to the justice of my country men, that they would judge me by what they see of my conduct on the stage where they have placed me, & what they knew of me before the epoch since which a particular party has supposed it might answer some view of theirs to vilify me in the public eye. Some, I know, will not reflect how apocryphal is the testi mony of enemies so palpably betraying the views with which they give it. But this is an Injury to which duty requires every one to submit whom the pubhc think proper to call into it's councils. I thank you, my dear Sir, for the interest you have taken for me on this occasion. Though I have made up my mind not to suffer calumny to disturb my tranquillity, yet I retain all my sensibilities for the approbation of the good & just. That is, indeed, the chief consola tion for the hatred of so many, who, without the least personal knowledge, & on the sacred evidence of Porcupine & Fenno alone, cover me with their im placable hatred. The only return I will ever make 28o THE WRITINGS OF [1798 them, will be to do them all the good I can, in spite of their teeth. I have the pleasure to Inform you that all your friends in this quarter are well, and to assure you of the sentiments of sincere esteem & respect with which I am, dear Sir, your friend and servant. TO ARCHIB.'VLD HAMILTON ROWAN. j. MSS. MONTICELLO, Sep. 26, 98. Sir, — To avoid the suspicions & curiosity of the post office, which would have been excited by seeing your name and mine on the back of a letter, I have delayed acknoleging the receipt of your favor of July last, till an occasion to write to an inhabitant of Wil mington gives me an opportunity of putting my letter under cover to him. The system of alarm & jealousy which has been so powerfully played off In England, has been mimicked here, not entirely with out success. The most long-sighted politician could not, seven years ago, have imagined that the people of this wide-extended country could have been envel oped in such delusion, and made so much afraid of themselves and their own power, as to surr'ender it spontaneously to those who are manoeuvring them into a form of government, the principal branches of which may be beyond their control. The commerce of England, however, has spread its roots over the whole face of our country. This is a real source of all the obliquities of the public mind ; and I should have had doubts of the ultimate term they might 1798] THOMAS JEFFERSON. 281 attain ; but happily, the game, to be worth the playing of those engaged in it, must flush them with money. The authorized expenses of this year are beyond those of any year in the late war for independence, & they are of a nature to beget great & constant ex penses. The purse of the people is the real seat of sensibility. It is to be drawn upon largely, and they will then listen to truths which could not excite them through any other organ. In this State, however, the delusion has not prevailed. They are sufficiently on their guard to have justified the assurance, that should you chuse it for your asylum, the laws of the land, administered by upright judges, would protect you from any exercise of power unauthorized by the Constitution of the United States. The Habeas corpus secures every man here, alien or citizen, against everything which Is not law, whatever shape it may assume. Should this, or any other circumstance, draw your footsteps this way, I shall be happy to be among those who may have an opportunity of testi fying, by every attention in our power, the sentiments of esteem & respect which the circumstances of your history have inspired, and which are peculiarly felt by. Sir, your most obedient, and most humble servant. TO WILSON CARY NICHOLAS.^ j. mss. MONTICELLO Oct. 5. 98. Dr. Sir, — I enUrely approve of the confidence you have reposed in mr Bracken ridge, as he possesses '"See his letter of Oct. 4. 98. to which this is an answer. Copy of a letter time not permitting a press copy this was immediately written from recollec tion & is nearly verbal." — T. y. 282 THE WRITINGS OF [1798 mine entirely. I had Imagined it better those reso lutions should have originated with N. Carolina. But perhaps the late changes in their representation may indicate some doubt whether they could have passed. In that case it Is better they should come from Kentucky. I understand you intend soon to go as far as mr Madison's. You know of course I have no secrets for him. I wish him therefore to be con sulted as to these resolutions. The post boy waiting at the door obliges me to finish here with assurances of the esteem of Dr Sir your friend & servt. TO STEPHENS THOMPSON MASON. J. mss. MONTICELLO, Oct II, 98. Dear Sir, — I received lately a letter from mr Cal lendar to which the inclosed is an answer After perusing it, be so good to stick a wafer in it and (after it is dry) deliver it. You will perceive that I propose to you the trouble of drawing for 50. D. for mr Callendar on my correspondent in Richmond, George Jefferson, merchant. This is to keep his name out of sight. Make your draught if you please in some such form as this ' Pay to or order, (or ' Send me in bank bills by post) 50. Dollars on account of Thom.as Jefferson according to advice re ceived from him &c.' I shall immediately direct him to pay such a draught from you, without mentioning to him the purpose. I have to thank you for your favor of July 6. from Philadelphia. I did not Imme diately acknolege it, because I knew you would be 1798] THOMAS JEFFERSON. 283 come away. The X. Y. Z. fever has considerably abated through the country, as I am informed, and the alien & sedition laws are working hard. I fancy that some of the State legislatures will take strong ground on this occasion. For my own part, I con sider those laws as merely an experiment on the American mind, to see how far it will bear an avowed violation of the constitution. If this goes down we shall immediately see attempted another act of Con gress, declaring that the President shall continue in office during life, reserving to another occasion the transfer of the succession to his heirs, and the estab lishment of the Senate for life. At least, this may be the aim of the Oliverians, while Monk & the Cavaliers (who are perhaps the strongest) may be playing their game for the restoration of his most gracious Majesty George the Third. That these things are in contemplation, I have no doubt ; nor can I be confident of their failure, after the dupery of which our countrymen have shewn themselves susceptible. You promised to endeavor to send me some tenants. I am waiting for them, having broken up two excel lent farms with 12. fields in them of 40. acres each, some of which I have sowed with small grain, Tenants of any size may be accommodated with the number of fields suited to their force. Only send me good people, and write me what they are. Adieu. Yours affectionately. 284 THE WRITINGS OF [1798 PETITION ON ELECTION OF JURORS.' [October 1798.] To the General Assembly of the Commonwealth of Virginia The Petition of Sundry persons inhabitants of the county of Albermarle and citizens of the said Commonwealth respectfully sheweth. That though civil govmt. duly framed and administered be one of the greatest blessings and most powerful instruments for pro curing safety and happiness to men collected in large societies, yet such is the proneness of those to whom its powers are neces sarily deputed to pervert them to the attainment of personal wealth and dominion & to the utter oppression of their fellow- men, that it has become questionable whether the condition of our aboriginal neighbors who live without laws or magistracies be not preferable to that of the great mass of the nations of the earth who feel their laws and magistrates but in the weight of their burthens. That the citizens of these U. S. impressed with this mortifying truth when they deposed the abusive govmt under which they have lived, founded their new forms, as well particu lar as general in that fact and principle, that the people them selves are the safest deposit of power, and that none therefore should be trusted to others which they can competently exercise themselves, that their own experience having proved that the people are competent to the appointment or election of their agents, that of their chief executive magistrates was reserved to be made by themselves or by others chosen by themselves : as Tvas also the choice of their legislatures whether composed of one or more branches : that in the judiciary department, sensible that they were inadequate to questions of law, these we're in ordinary cases confided to permanent judges, reserving to juries only ex traordinary cases where a bias in the permanent judge might be suspected, and where honest ignorance would be safer than per verted science : and reserving to themselves also the whole de partment of fact which constitutes indeed the great mass of judiciary litigations : that the wisdom of these reservations will ' See letters to Madison of October 26, 1798, and to John Taylor of Novem ber 26, 1798. 1798] THOMAS JEFFERSON. 285 be apparent on a recurrence to the history of that country from which we chiefly emigrated, where the faint glimmerings of liberty and safety now remaining to the nation are kept in feeble hfe by the reserved powers of the people only. That in the establishment of the trial by jury, however, a great inconsistence has been overlooked in this and some others of the states, or rather has been copied from their original without due attention : for while the competence of the people to the appointmt even of the highest executive and the legislative agents is admitted & established, and their competence to be themselves the triers of judiciary facts, the appointment of the special individuals from among themselves who shall be such triers of fact has not beea left in their hands, but has been placed by law in officers depen dent on the executive or judiciary bodies : that triers of fact are therefore habitually taken in this state from among accidental bystanders and too often composed of foreigners attending on matters of business and of idle persons collected for purposes of dissipation, and in cases interesting to the powers of the public functionaries may be specially selected from descriptions of per sons to be found in every country, whose ignorance or depend- ance renders them pliable to the will and designs of power. That in others of these states, [and particularly in those to the east ward of the union,'] this germ of rottedness in the constitution of juries has been carefully excluded, and their laws have pro vided with laudable foresight for the appointment of jurors by selectmen chosen by the people themselves : and to a like restitu tion of principle and salutary precaution against the abuse of power by the public functionaries, who never did yet in any country fail to betray and oppress those for the care of whose affairs they were appointed, by force if they possessed it, or by fraud and delusion if they did not, your petitioners pray the timely attention of their legislature, while that legislature (and with a heartfelt satisfaction the petitioners pronounce it) are still honest enough to wish the preservation of the rights of the peo ple, and wise enough to circumscribe in time the spread of that gangrene which sooner than many are aware may reach the vitals of our political existence. ' This clause is struck out in MS. 286 THE WRITINGS OF [1798 And lest it should be supposed that the popular appointmt of jurors may scarcely be practicable in a state so exclusive and cir cumstanced as ours, your petitioners will undertake to suggest one mode, not presumg to propose it for the adoption of the legis lature, but firmly relying that their wisdom will devise a better : they observe then that by a law already passed for the establish ment of schools provision has been made for laying off every county into districts or precincts ; that this division which offers so many valuable resources for the purposes of information, of justice, of order and police, may be recurred to for the object now in contemplation, and may be completed for this purpose where it has not been done for the other, and the inhabitants of every precinct may meet at a given time and place in their pre cinct and in the presence of the constable or other head officer of the precinct, elect from among themselves some one to be a juror, that from among those so chosen in every county some one may be designated by lot, who shall attend the ensuing session of the federal court within the state to act as grand and petty jurors, one of those from every senatorial district being designated by lot for a grand juror, and the residue attending to serve as petty jurors to be in like manner designated by lot in every particular case : that of the others so chosen in every county composing a district for the itinerant courts of this Commonwealth so many may be taken by lot as shall suffice for grand and petty juries for the district court next ensuing their election ; and the residue so chosen in each county may attend their own county courts for the same purposes till another election, or if too numerous the supernumeraries may be discharged by lot : and that such com pensation may be allowed for these services as without rendering the office an object worth canvassing may yet protect the juror from actual loss. That an institution on this outline, or such better as the wisdom of the Gen. ass. will devise, so modified as to guard it against the intrigue of parties, the influence of power, or irregularities of conduct, and further matured from time to time as experience shall develop its imperfections, may long pre serve the trial by jury, in its pure and original spirit, as the true tribunal of the people, for a mitigation in the execution of hard laws when the power of preventing their passage is lost, and may 1798] THOMAS JEFFERSON. 287 afford some protection to persecuted man, whether alien or citizen, which the aspect of the times warns we may want. And your petitioners, waiving the expression of many important considerations which will offer themselves readily to the reflec tion of the general assembly, pray them to take the premises into deep and serious consideration and to do therein for their coun try what their wisdom shall deem best, and they as in duty bound shall ever pray &c. TO JAMES MADISON. j. mss. Oct. 26th. 98. The day after you left us, I sat down and wrote the petition I mentioned to you. It is not yet correct enough, & I enclose you a copy to which I pray your corrections, and to return it by the next post, that it may be set in motion. On turning to the judiciary law of the U. S. I find they established the designa tion of jurors by lot or otherwise as NOW practised in the several states ; should this prevent, in the first moment the execution of so much of the proposed law, as respects the federal courts, the people will be in possession of the right of electing jurors as to the state courts, & either Congress will agree to con form their courts to the same rule, or they will be loaded with an odium in the eyes of the people gen erally which will force the matter through. I will send you a copy of the other paper by Richardson, Do not send for him till Monday sennight, because that gives us another post-day to warn you of any unexpected delays in winding up his work here for the season, which, tho' I do not foresee, may yet happen. Adieu affectionately. 288 THE WRITINGS OF [1798 TO JAMES MADISON. j. mss. MONTICELLO, November 17, 1798. Mr. Richardson has been detained by several jobs indespensible to .the progress of the carpenters, & to the securing what is done against winter. When will Whitten be done with you ? or could you by any means dispense with his services till I set out for Philadelphia ? My floors can only be laid while I am at home, and I can not get a workman here. Per haps you have some other with you or near you who could go on with your work till his return to you. I only mention these things that if you have any other person who could enable you to spare him a few weeks, I could employ him to much accommodation till my departure in laying my floors. But in this consult your own convenience only. I enclose you a copy of the draught of the Ken tucky resolves. I think we should distinctly affirm all the Important principles they contain, so as to hold to that ground in future, and leave the matter in such a train as that we may not be committed absolutely to push the matter to extremities, & yet may be free to push as far as events will render prudent. I think to set out so as to arrive in Philadelphia the Saturday before Christmas. My friendly respects to mrs. Madison, to your father & family ; health, happiness & adieu to yourself 40. lbs. of [ ] nails @ \\\di per lb. were sent this morning, being all we had. They contained (accord ing to the count of a single pound) 314 X 40 = 12.560. KENTUCKY LEGISLATURE. In the Houfe of Reprefentatives, NOVEiilBER loi/;, 1798. THE HOUSE acMrimg to the (landing Order of the Day, refolvcd itfelf into a Committee of the Whole on the Aate of the Commonwealth, Mr. CALDWELL in the Chair, And after fometime fpent therein the Speaker refumed the Chair, and Mr. Caldwell reported, that the Com mittee liad according to order had under confideration the Governor's Addrefs, and had come to die follow ing Resolutions thereupon, which lie delivered in at the Cleric's table, where they were twice read and agreed to i)y the Houle. I. T> ESOLVED, that the feveralftates J^ compoflng the United States of America, are not united on the ptinciple of unlimited fabniiffion to their General Government ; but that by compadt under the ftyle aad title of a Conflitution. for the United States and of amendments thereto, they conllitnted a General Go vernment for fpecial purpofes, delegated to that Government certain definite pow. ers, referving each ftate to itfelf, the re- fiduary mafs of right to their own felf Government; and that whenfoever the General Government affnmes undelegated powers, itsafts are unauthoritative, void, and of no force: That to tliis compaA each ftate acceded as a 'ftate, and i? an integral party,, its co-ftates forming as to itfolf, the other party ; That the Govern ment created by this compaft vi'as not raade the excUifive or final judge of the extent ofthe powers delegated to itfelf; fince that virould have made its dtfcretion, aad not the conftitution, the meafure of its powers ; bnt that as in all other cafes of compaft anaongpartieshaviug no com mon Jaige, each party has an equal right to judge for itfelf, as well of infraftions as of the mode and.mcafure ©f redrefs. _ n. Refolved. that the Conftitution of th* United States haviiii? delegated to Cocgreft a power to punifli crcafor, ooun- tetfeiting the fecuritlea andjiciirnent coin ofthe United States, piraciaslhndifelonies committed cn the High SeajyiiSnd offen ces againft the laws of nation3-,^and no o- ther crimes whatever, and it being trne as a general .principle, and one of the amendments to the Conftitution having alfo declared, " that the powers not de legated to the United States by the Con ftitution, nor prohibited by it to theftates, are referved to the ftates refpe&ively, or to the people," therefore alfo the fame aft of Congref? paffed on the 14th day of July, 1798, and entitled " An aft in ad dition to the aft entitled an aft for the punifhment of certain crimes againft the United States;" as alfo the aft paffed by them on the 27th day of June, 1798, enti tled " An aft to punifli frauds committed on the Banic of the United States" (and all olhsr their afts which affume to cre ate, define, or pnnlfti crimes other than tbofe enumerated in the conftitution) are altogether void and of no force, and that the power to create, defint-, and punilh Aich other crimes is referved, and of right appertains folely aud exclufively to the refpeftive ftates, each within its own Territory. III. Refolved, that it is true as a gene ral principle, and is alfo exprefsly declar- ed by one of the amendments to the Con ftitution that " the powers not delegated to the United States by the Conftitutioo, nor proliibited by it to the ftates, are re ferved to the ftates refpeftively or to the people;" and that no power over the freedom of religion, freedom of fpeech, or freedom of the prefs he\aitcd by the Confti tution, )S not laWj but is a'ltogclhetvow! and of no force. V, Refolved, that in additio.i to the general principle as well 'as the exprelti declaration, that powers not delegated are referved, another and. more fpecial provilion inferted intlie Conftitutioiiirotu. abundant caution has declared," "' that the migration or importation of fuch per- fons as any of the ftates now exift'ng (liail think proper to admit, Ihall not be pro hibited by the Gqngrefs prior to the.year 1808." That this Common-wealth does admit the migration of alien friends def- cribed as the fubjeft ofthe faiil aft con cerning aliens; that a provifion againft prohibiting their migration, is a provifion againft all afts equivalent thereto, or it would be nugatory.; that to remove them wheivmigrated is eauivalejit .to a proiii. bitioii of their migration, and is there fore contrary to the faid provifion of the Conftitution, and void. VI. Refolved, that the Imprifonment of a pcrfon under the proteftion of the Laws^)f this Commonwealih on hisfailure to obey the fim pie ortfer of tlie Prefident to depart otit of the United States, as is undertaken by the faid aft entitled "An aft concerning Aliens,'' is contrary to the Conftitution, one ainendmeitt to which has provided, tliar " no perfon (hall be de prived of liberty without due procefs of law " and that another having provided " that in all criminal profecutions, tha accufed lliall enjoy the right to fl public .trial by an impartial inry, to be informed of the nature and caufeof thffacctifation, (tobe confronted wiibthewitncffes ajainft him, to have compulfory procefs for ob taining witnelTes inhisfavour, and tohave the afliftance of counfel for' his defence," the fame aft undertaking- to "authorize the Prefident to remove a perfou out of the United States who it under the pro teftion of the Law, on his~own ftifpicioH; without accufstion, witlioiit jury', with- 01. public trial, without confrontation ofthe witneffes againft him, without Iiav. ing witnciTei in hi# fa.vour, -Witnou: lie- fence, wiiliout counfel," is contrary to thefe provifious alfo of the ConftitutiOif* Is thereiore- not la-w hut lUterlwoiil and of no force. That transferring the power of judging any perfon who is under the proteftion of rhelaws. from the Courts to the Prefident of the United Statfes, as is undertaken by the fame aft concerning Aliens, is againft the article of the Conftituiion which pro'. vldes, that " the judicial power of the United States Ihall be vefted in Courts, the Judges of which /hall hold their offices daring good, behaviour," and thatthe faid aft Is void for that reafon alfo ; and it is further to be noted, th«t this transfer of Judiciary power is to that magiflrate of the General Government who already pofleffes all'the Executive, and a qualified negmlve in all the Lcgiflative powers, VII, Refolved, that the conftruftion. upplied by the General Government (as is evinced by .fundry of their proceedings) to thofe pans of the Conftitution of. the United States which delegate to Congrefs a power to lay-and coUeft taxes, duties, impofts, and excifes; to pay the debts, und provide for the common defence, and general welfare ofthe United States, aud to make all laws which ihall be necelfary andpropcrfor carrying into executiontlie powers vefted, by the Conftitution iu. the Go Jcrnment of the United States, or any^. department thereof, goes to the - deftrur- tioo of all ihe limits prcfcribed to their power by the Conftitution — Tliat words meant by thatinftrumcnt to bc-fubfiduary •Milyto the execution of -the limited pow ers, ought not to be fo conftrued.as.thctar. feives to give unlimited i-owers,nor a part fo tobe taken, as tn deftroy the whole re- fidue cf the inftruj^tnt .• That the pro- ceeding.i ot the General Govcrnnicnt nn- dep colour nf thefe articles, will be 3 fit andJiec«ff«ry fobjcft for rcvifal ajid cor- «i5ion aC a time of greater tranquility,- while thofe Ipccfficd in the precedin.j'. re- -Tolutiflni call.forjmmediatc redrefs. VIU; Refotvea, that the precedtng'Re-i folntions be trinfiitilttifft t-j the Senators ond Reprefentativei in CeKgrefs fr<>m this f'ommonwealth. Who are hereby enjr>!ned to prefeut the (amc-to theit refpectivc Wonfesj and to ufe - tijpir be!*! endeavours to procure at the next feffion of Congrefs, a repeal of the aforefiiid unconftitutional and. obnoxious acts, IX. Refolved laftly, tliatlhe Governor of this Commonwealth be;iiand is hereby authorifed «nd rcqiiefted to communicate the preceding Refblutions to the Legifla- tures of the feveral States, to .-ilTure thenj that this Commonwealth confiders Union for fpecified National purpofes, and par ticularly for thofe fpecified in their late Federal Compaft, to be friendly to the peace, happinefs,and profperity ofall tlie ftates : that faithful to that coiiipaft, ac cording to the plain intent and meaning in which it was underltood and ac ceded to by the feveral parties, it is fin- cerely anxious for its prefervation : that, it does alfo believe, chat to take from the ftates all the powers of felf government, and transfer them to a gener.^il and confo- lidatcd Goverument, without regard to the fpecial delegations and refervations folemnly agreed to in that compaft, i.-: not for the peace, bappinefSj or profperity of thefe ftates: And that therefore, this Com- mt nwealth is determined,- as it doubts not its Co-ftates are, tamely-to .'iibrait to unde legated & conff quently unlim'itcd powers in no man or body of men cn earth: that if the aftsbefore fpecified llinuld ftandjtJiefs conclufions would flow from thcci ; tiat the General Government may place any aftthcy think proper on the lift of crimes & punifli it thcmfelves, whether enumerated or; not ehiimer.-itedby the Cocltitntioil ii* cognizable by them; thatthey may transfer its cognisance tothc-l'refirieiitor any otlicr perfou. who E^a^ himfclf be the nccufer, counfel, judgic, ;indjury. vj'hoSn fufpicici'n jnay be the. evidence^ hit order the Cw.- tencCy his oficcrthe executioner^ ftnd his breaft the fole record of the tranfaftion : thataverynumerous.aud valuable defcrip" tioo oi the inhabitants e-t thefe ftates. bo- .Ing by thij precedent reduced as outlawj 'to the abfolute' donini^n efone man .ind theijaritr ofthe Conftitution thDt.rwept: awayfrcm us »U,.no rimpartnow rcmsins againft the paiiions 2nd the power of am.i- jority of Con.j;;reis, to protedt from ^ like- exportation orotherniore .grievous punifli^ Uiiui. thf nuiio.'fry.clthf fiin-c body, the "i.eglllatnres, judges, Governors, & Conn- ifelloi-sof (he ftates,nor their other Ijeacea- blcinhahuantSwhomay venture to reclaim the conftii'utional rights ficjibertiesof the 'ilates & people, or who fpr oiher caufcs, good or bad,inay be obnoxious to the views ¦jfrnarUedbylhefurpicionsof the Prefident, ot be thought dangerous to his or their eleftions or other interells public, or per- fonal: that the fri^udlefs alien hasindecJ been feleftcd as the fafeft fubjeft of a firft experiment: but the citizen will- foon follow, or rather has already follow- td ; for, already has a Sedition Aft marked hiuiias (ts prey : tJiat thefe and fueceflive ;ifts ofthe fame charafter, unlefs arrefted on Che threfliold, may tend to drive thefe ftates into revolution and blood, and will furnifli ne\v calumnies againft Republican Governments, and new pretexts for tbofe who wifii it to be believed, that man can not he governed but by a rod of iron i tha tit would be a dangerous delufion were n confidence in the men of our choice to' (ilence our fears for the fafety of our rights : that confidence is every' where the parent of defpotifm : free government is lounded in jealoufy and not in confidence ; it is jealoufy- and not confidence which jirefcribes limited Conftitutions to bind down thofe wiiom we are obliged to truft with power : that our Conftitution has accortlingly fixed the limits to which and 110 furlher our confidence may go ; and Jet the houeft advocate of confidence read the Alien and Sedition Afts, and fay if the Conftitution has tiot been wife in fixing limitsto the Government it created, and whether we fliould be wife in deltroylng \hofo limits? Let him fay what the Gov ernment is if it be not a tyranny, which the men of our fhoice have conferred on the Prefident, and the Prefident of our tiiuice has afiented to and accepted over the friendly ftrangers, to "Whom the liiild fpirit of our Cotintvy and Its iaws had jilcdged holpicality and proteftion : that the men of our choice have raore refpeft. ed tlie bare fufpicions of the Prefident than tile folid ' rights of innocence, the claims of juftificalinn, the facred, force of truth, and the forms 5c ihb.ftaiicc of law and juilice. lu qdcftionsof p/irt'er then let no •lierebe heard of confidence In maa, blU bind him down from mifchief by/ihsc haini of the Conftitution. That this Common wealth does therefore call on its Co-ftates for an cxprelfiou of their fentinier.ts on. the aft^ concerning Aliens, and for the liunifl'inient of certain crimes herein be fore foecified, plainly declaring whether thefe afts are or are not authorifed by the federal Compaft? And it doubts not that their fenfe will be fo announced asto provft their attacnment uualtered to limited Go vernment, whether general or panicular, and that the-rights and liberties of their Co-ftates will be, cxpofed to no dangers^ by remaiuing embaiked on a common bottom with their own: That they will concur with this Commonwfcaltb in con- fidering the faid afts a^ fo palpably againft the Conftitution as to amount to an un- difguifed declaration, that the Compaft is not meant to bi the nieafure of the powers of the General Government, bat fhat it will proceed in the exercife over thefe ftates ofall powers vi'hatfoever : That they will, view this as feizing the rights of the ftates and confolidating them in the hands of the General Government with a power a-fiiimed to bind the ftates (not merely in cafes made federal) but in ail cafes whatfoever, b? laws made, not with their conlent, but by others agaiuft their confcnt: That tbis would he tofurrender the torm of Government we have chofen, and to live under one deriving ,tt powers from its own will, and not from our au thority ; and that the Co-ftates iNjcnrring to their natural right in cafes not raade federal, wili concur in declaring thefe afts void and-of no'fotce, and will each unite with this Commonwealthin requeft- ing their repcnl at the next foflinn of Congrefs. EDMUND BULLOCK, S. H.'R- JOHN CAMPBELL, S. S. P. T. Paired th.e Houfe of RcprefentaUves, Not. loth, 1798. Aiceft, THOMAS TODD, C. H. R. IN SENATE, November 13th, 1798, onanimoufly concurred in, Atteft, B. THR.USTON, Glk. Sen Appisvcd NoTenotor l6th, 1798. JAMES GARRARD, G. K. SY THE COVI.XNOR, HARRY TOULMlfl, Sccretaij of-5tain ijigS] THOMAS JEFFERSON. 289 DRAFTS OF THE KENTUCKY RESOLUTIONS OF I 798. - j. mss. [Nov. 1798] ROUGH DRAFT. FAIR COPY. I. Resolved that the several i. Resolved, That the several states composing the U. S. of States composing the United America did are not united on States of America, are not unit- the principle of unlimited sub- ed on the principle of unlimit^ mission to their general govern- ed submission to their general ment ; but that by a compact government ; but that, by a ' The text in the first column is from the rough draft, and that in the second from a fair copy. The facsimile is the text actually moved by Breckenridge, adopted by the Kentucky legislature, and sent to the other state legislatures. As early as April 26, 1798 (see ante. p. 244) Jefferson was predicting and disapproving of possible Alien and Sedition bills, and from that time hi? letters express the strongest dislike to those acts. Thoroughly opposed to disunion (see letter to John Taylor, vn, p. 263) yet believing these Federalist measures only initial steps towards a dictatorship or monarchy, Jefferson cast about him for some means of checking the project, and finally hit upon the now famous doctrine of nullification of Federal statutes by means of resolutions of state legislatures. No one better realized the hazard of such a doctrine than its inventor, as is indicated not merely by the guarded phrasing, (done with purpose as is shown by his letters to Madison, Taylor, and Nicholas, post,) but quite as much by the absolute secrecy with which his share in the whole Sittempt was kept for many years. The resolutions were originally prepared for North Carolina, and their des tination changed for reasons given in the letter to Nicholas, ante, p. 281. Jefferson wrote to Madison : "MONTICELLO, November 17, 1798. " I enclose you a copy of the draught of the Kentucky resolves. I thinlf we should distinctly affirm all the important principles they contain, so as to holhaving declared that " Oon- griessXshall make no, la;«v re- specting.^ an. establishnaent of religion, or prohibitinjg the free exercise tftereof, oi/ abridging the freedom\)f speech, or of the press, the actVi|' the Congress of- the- U. S. passed on the ist day of July i/98,\ntituled ' An act in addition to the act intit uled an Xct for tnte punish ment of/certain crimes, against the U/S.' which does abridge the weedom. of speech, & of the press, is not law, but is al^o- ather void and of no force. 2. Resolved that, the Consti- compact was not made the ex clusive or final judge of the ex tent of the powers delegated to itself ; since that would have made its discretion, and not the Constitution, the measure of its powers ; but that, as in alli other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress. 2. Resolved, That the Consti- 1798] THOMAS JEFFERSON, 293 tution of the U. S. having dele gated to Congress a power to punish treason, conterfeitingthe securities & current coin of the U. S. and piracies & felonies committed on the high seas and offences against the law of nations, and no other crimes whatsover, and it being true as a general principle, and one of the Amendments to the Consti tution having also declared, that ' the powers not delegated to the U. S. by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people,' therefore also, the same act of Congress passed by Congress on the 14th day of July 1798, and intituled ' an Act in addi tion to the act intituled an Act for the punishment of certain crimes against the U. S.' as also the act passed by them on the day of June 1798, intituled ' an Act to punish frauds com mitted on the bank of the U. S.,' {and all their other acts which assume to create, define, or punish crimes, other than those so enumerated in the Constitu tion) aire altogether void and of no force and that the power to create, define, & punish such -other crimes is reserved, and of right appurtains solely and lexclusively to the respective tution of the United States having delegated to Congress a power to punish treason, coun terfeiting the securities and cur rent coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, aind no other crimes whatsoever ; and it being true as a general principle, and one of the amend ments to the Constitution hav ing also declared, that " the powers not delegated to the United States by the Consti tution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," therefore the act of Congress, passed on the 14th day of July, 1798, and intituled " An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States," as also the act passed by them on the — day of June, 1798, intit uled " An Act to punish frauds committed on the bank of the United States," (and all their other acts which assumeto cre ate, define, or punish crimes, other than those so enumerated in the Constitution,) are alto gether void, and of no force ; and that the power to create, define, and punish such Other crimes is reserved, and, of right, 294 THE WRITINGS OF [1798 states, each within it's own ter ritory. 3. Resolved that it is true as a general principle and is also expressly declared by one of the amendments to the consti tution that ' the powers not delegated to the U. S. by the constitution nor prohibited by it to the states, are reserved to the states respectively or to the people : ' and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the U.S. by the constitution,nor prohibited by it to the states, all lawful powers respecting the same did of right remain, & were reserved to the states or the people : that thus was mani fested their determination to retain to themselves the right of judging how far the licen tiousness of speech and of the press may be abridged without lessening their useful freedom, and how far these abuses which cannot be separated from their use should be tolerated rather than the use be destroyed ; and thus also they guarded against all abridgment by the U. S. of the freedom of religious opin ions and exercises, & retained to themselves the right of pro tecting the same, as this state appertains solely and exclusive ly to the respective States, each within its own territory. 3. Resolved, That it is true as a general principle, and is also expressly declared by one of the amendments to the Consti tution, that " the powers not delegated to the United States by the Constitution, nor pro hibited by it to the States, are reserved to the States respec tively, or to the people " ; and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohib ited by it to the States, all law ful powers respecting the same did of right remain, and were reserved to the States or the people : that thus was mani fested their determination to retain to themselves the right of judging how far the licen tiousness of speech and of the press may be abridged without lessening their useful freedom,. and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of reli gious opinions and exercises, and retained to themselves the 1798] THOMAS JEFFERSON. 29s by a law passed on the general demand of it's citizens had already protected them from all human restraint and interfer ence. And that in addition to this general principle & the ex press declaration, another & more special provision has been made by one of the amend ments to the constitution which expressly declares that ' Con gress shall make no law respect ing an establishment of religion or prohibiting the free exercise thereof or abridging the free dom of speech of the press' thereby guarding in the same sentence and under the same words the freedom of religion, of speech & of the press, inso much that whatever violates one either throws down the sanctu ary which covers the others, and that putting withnlding libels, falsehood and defama tion equally with heresy & false religion are witheld from fed eral the cognisance of the fed eral tribunals, that therefore the act of the Congress of the U. S. passed on the 14th day of July 1798 intituled ' an act in addi tion to the act intituled an Act for the punishment of certain crimes against the U. S.' which does abridge the freedom of the press is not law, but is alto gether void and of no force. right of protecting the same, as this State, by a law passed on the general demand of its citi zens, had already protected them from all human restraint or interference. And that in addition to this general princi ple and express declaration, another and more special pro vision has been made by one of the amendments to the Consti tution, which expressly declares, that " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridg ing the freedom of speech or of the press " : thereby guarding in the same sentence, and un der the same words, the free dom of religion, of speech, and of the press : insomuch, that whatever violates either, throws down the sanctuary which covers the others, and that li bels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That, therefore, the act of Con gress of the United States, passed on the 14th day of July, 1798, intituled " An Act in ad dition to the act intituled An Act for the punishment of cer tain crimes against the United States," which does abridge the freedom of the press, is not 296 THE WRITINGS OF [1798 4. Resolved that Alien-friends are under the jurisdiction and ¦protection of the laws of the state wherein they are, that no power over them has been dele gated to the U. S. nor prohib ited to the individual states distinct from their power over citizens : and it being true as a general principle, and one of the Amendments to the co&sti- tution having also declared, that ' the powers not delegated to the U. S. by the constitution, taor prohibited by it to the States are reserved to the states re spectively, or to the people,' the act of the Congress of the U. S. passed on the day of July 1798 intituled ' an Act concern ing Aliens ' which assumes pow ers over alien friends not dele gated by the constitution is not law, but is altogether void & of no force. 5. Resolved that in addition to the general principle, as well as the express declaration, that powers not delegated are re served, another and more spe cial provision, inserted in the constitution from abundant caution, has declared that ' the migration or importation of such persons as any of the law, but is altogether void, and of no force. 4. Resolved, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are : that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also de clared, that " the powers not delegated to the United States by the Constitution, nor pro hibited by it to the States, are reserved to the States respec tively, or to the people," the act of the Congress of the United States, passed on the — day of July, 1798, intituled "An Act concerning aliens," which as sumes powers over alien friends, not delegated by the Constitu tion, is not law, but is altogether void, and of no force. 5. Resolved, That in addition to the general principle, as well as the express declaration, that powers not delegated are re served, another and more special provision, inserted in the Constitution from abundant caution, has declared that " the migration or importation of such persons as any of the 1798] THOMAS JEFFERSON. 297 states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1 808,' that this commonwealth does admit the migration of Alien friends de scribed as the subject of the said act concerning aliens ; that a provision against prohibiting their migration, is a provision against all acts equivalent thereto, or it would be nuga tory ; that to remove them when migrated is equivalent to a prohibition of their migration, and is therefore contrary to the said provision of the constitu tion, and void. 6. Resolved that the impris onment of a person under the protection of the laws of this commonwealth on his failure to obey the simple order of the President to depart out of the U. S. as is undertaken by the said act intituled ' an act concerning Aliens ' is contrary to the constitution, one amend ment to which has provided that 'no person shall be de prived of libert)', without due process of law ' ; and that an other having provided that ' in all criminal cases prosecutions the accused shall enjoy the right to a public trial, by an impartial jury, to be informed of the nature & cause of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808 " : that this commonwealth does admit the migration of alien friends, described as the subject of the said act concerning aliens : that a provision against prohibiting their migration, is a provision against all acts equivalent thereto, or it would be nuga tory : that to remove them when migrated, is equivalent to a prohibition of their migration, and is, therefore, contrary to the said provision of the Con stitution, and void. 6. Resolved, That the impris onment of a person under the protection of the laws of this commonwealth, on his failure to obey the simple order of the President to depart out of the United States, as is undertaken by said act intituled " .\n Act concerning aliens," is contrary to the Constitution, one amend ment to which has provided that " no person shall be de prived of liberty without due process of law " ; and that another having provided that " in all criminal prosecutions the accused shall enjoy the right to public trial by an im partial jury, to be informed of the nature and cause of the 298 THE WRITINGS OF [1798 accusation to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defence ' the same act undertaking to au thorise the President to re move a person out of the U. S. who is under the protection of the law, on his own sus picion without accusation, with out jury, without public trial, without confrontation of the witnesses against him, without hearing witnesses in his favor, without defence, without coun sel, is contrary to these pro visions also of the constitution, is therefore not law, but utterly void and of no force. That transferring the power of judg ing any person who is under the protection of the laws from the courts to the President of the U. S. as is undertaken by the same act concerning aliens, is against the article of the con stitution which provides that 'the judicial power of the U. S. shall be vested in courts the judges of which shall hold their offices during good behavior,' and that the s'd act is void for that reason also. And it is further to be noted that this transfer of judiciary power is to that magistrate of the general accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence," the same act, undertaking to au thorize the President to remove a person out of the United States, who is under the protec tion of the law, on his own suspicion, without accusation, without jury, without public trial, without confrontation of the witnesses against him, with out hearing witnesses in his favor, without defence, without counsel, is contrary to the pro vision also of the Constitution, is therefore not law, but utterly void, and of no force : that transferring the power of judg ing any person, who is under the protection of the laws, from the courts to the President of the United States, as is under taken by the same act concern ing aliens, is against the article of the Constitution which pro vides that "the judicial power of the United States shall be vested in courts, the judges of which shall hold their offices during good behavior " ; and that the said act is void for that reason also. And it is further to be noted, that this transfer of judiciary power is to that 1798] THOMAS JEFFERSON. 299 government who already pos sesses all the Executive and a negative on all the Legislative proceed. 7. Resolved that the con struction applied by the general government, (as is evidenced by sundry of their proceedings) to those parts of the constitu tion of the U. S. which delegate to Congress a power ' to lay & collect taxes, duties, imposts, & excises, to pay the debt and provide for the common defence and welfare of the U. S.' and ' to make all laws which shall be necessary & proper for carrying into execution the powers vested by the constitu tion in the government of the U. S. or in any department or officers thereof,' goes to the destruction of all the limits prescribed to their power by the constitution ; that words meant by that instrument to be subsidiary only to the execu tion of limited powers, ought not to be so construed as them selves to give unlimited powers nor a part to be so taken as to destroy the whole residue of the instrument. That the pro ceedings of the general govern ment under colour of these articles, will be a fit and neces sary subject of revisal & correc tion at a time of greater tran- magistrate of the general gov ernment who already possesses all the Executive, and a nega tive on all Legislative powers. 7. Resolved, That the con- .struction applied by the Gen eral Government (as is evi denced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Con gress a power " to lay and col lect taxes, duties, imposts, and excises, to pay the debts, and provide for the common de fence and general welfare of the United States," and "to make all laws which shall be neces sary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof," goes to the destruction of all limits pre scribed to their power by the Constitution : that words meant by the instrument to be sub sidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that in strument : that the proceedings of the General Government un der color of these articles, will be a fit and necessary subject 300 THE WRITINGS. OF [1798 quillity, while those specified, in , the preceding resolutions, call for immediate redress. 8. Resolved that a committee of conference & correspond ence be appointed who shall have in charge to communicate the preceding resolutions to the legislatures of the several states, to assure them that this commonwealth continues in the same esteem for their friendship and union which it has mani fested from that moment at which a common danger first suggested a common union : that it considers union, for specified national purposes, and particularly for those specified in their late federal compact, to be friendly to the peace, happiness and prosperity of all the states : that faithful to that compact, according to the plain intent & meaning in which it was understood & acceded to by the several parties, it is sincerely anxious for it's pres ervation. That it does also believe that to take from the states all the powers of self- government, & transfer them to a general & consolidated government, without regard to the special delegations and re servations solemnly agreed to of revisal and correction, at a time of greater tranquillity, while those specified in the pre ceding resolutions call for im mediate redress. 8th. .ffi?i'(7/w^. That a commit tee of conference and corre spondence be appointed, who shall have in charge to commu nicate the preceding resolutions to the Legislatures of the several States ; to assure them that this commonwealth continues in the same esteem of their friendship and union which it has mani fested from that moment at which a common danger first, suggested a common union : that it considers union, for specified national purposes, and particularly to those specified in the late federal compact, to be friendly to the peace, happiness, and posperity of all the States : that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the sev eral parties, it is sincerely anxious for its preservation : that it does also believe, that to take from the States all the powers of self-govern ment and transfer them to a general and consolidated gov ernment, without regard to the special delegations and reser- 1798] THOMAS JEFFERSON, 301, in that compact, is not for the peace, happiness or prosperity of these states : and that there fore this commonwealth is de termined, as it doubts not it's co-states are, to submit to undelegated & consequently unlimited powers in no man, or body of men on earth : tliat it.ought not that in cases of an abuse of the delegated powers, the members of the general government being chosen by the people, a change by the people would be the consti tutional remedy ; but where powers are assumed; which have not been delegated, a nullifica tion of the act is the rightful remedy : that every state has a natural right in cases not within the compact (casus ntin foederis) to nullify of their own author ity, all assumptions of power by others within their limits, that without this right they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them : that nevertheless this common wealth from motives of regard & respect for it's co-states has wished to communicate with them on the subject ; that with them alone it is proper to com municate, they alone being par ties to the compact, & solely vations solemnly agreed to in that compact, is not for the peace, happiness, or prosperity of these States ; and that there fore this commonwealth is de termined, as it doubts not its co-States are, to submit to un delegated, and consequently unlimited powers in no man, or body of men on earth : that in cases of an abuse of the delegated powers, the mem bers of the general govern ment, being chosen by the people, a change by the people would be the constitutional remedy ; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy : that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits : that without this right they would be under the dominion, abso lute and unlimited, of whoso ever might exercise this right of judgment for them : that nevertheless, this common wealth, from motives of regard and respect for its co-States, has wished to communicate with them on the subject : that with them alone it is proper to communicate, they alone being 302 THE WRITINGS OF [1798 authorised to judge in the last resort of the powers exercised under it ; Congress being not a party, but merely the creature of the compact & subject as to it's assumptions of power to the final judgment of those by whom & for whose use itself and it's powers were all created and modified, that if those acts before specified should stand, these conclusions would flow from them ; that the General government may place any act they think proper on the list of crimes and punish it themselves whether enumerated or not enu merated by the constitution as cognizable by them, that they may transfer its cognisance to the President or any other per son, who may himself be the ac cuser, counsel, judge & jury, whose suspicions may be the evidence, his order the sen tence, his officer the execu tioner, & his breast the sole record of the transaction : that a very numerous & valuable description of the inhabitants of these states being, by this precedent reduced as Outlaws to the absolute dominion of one man, and the barrier of the constitution thus swept away for us all, no rampart now remains against the will and the passions and the power parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it. Congress being not a party, but merely the creature of the compact, and subject as to its assump tions of power to the final judg ment of those by whom, and for whose use itself and its powers were all created and modified : that if the acts be fore specified should stand, these conclusions would flow from them ; that the general government may place any act they think proper on the list of crimes, and punish it them selves whether enumerated or not enumerated by the consti tution as cognizable by them : that they may transfer its cognizance to the President, or any other person, who may himself be the accuser, counsel, judge and jury, whose sus picions may be the evidence, his order the sentence, his officer the executioner, and his breast the sole record of the transaction : that a very numer ous and valuable description of the inhabitants of these States being, by this prece dent, reduced, as outlaws, to the absolute dominion of one man, and the barrier of the Constitution thus swept away 1798] THOMAS JEFFERSON, 303 of a majority in Congress, to protect from a like exportation or other more grievous punish ment, the minority of the same body, the legislatures, judges, & governors, & counsellors of the states nor their other peaceable inhabitants who may venture to reclaim the constitutional rights and liberties of the states and the people, or who for other causes good or bad, may be obnoxious to the views, or marked bythe suspicions of the President, or be thought danger ous to his or their elections or other interests public or per sonal : that the friendless alien has indeed been selected as the safest subject of a first experi ment : but the citizen will soon follow, or rather has already followed ; for already has a Sedition act marked him as it's prey : that these and successive acts of the same character unless arrested at the threshold neces sarily drive these states into revolution and blood and will furnish new calumnies against republican government and new pretexts for those who wish it to be believed that man cannot be governed but by a rod of iron that it would be a danger ous delusion were a confidence in the men of our choice to silence our fears for the safety from us all, no rampart now remains against the passions and the powers of a majority in Congress to protect from a like exportation, or other more grievous punishment the mi nority of the same body, the legislatures, judges, governors and counsellors of the States, nor their other peaceable in habitants, who may venture to reclaim the constitutional rights and liberties of the States and people, or who for other causes, good or bad, may be obnoxious to the views, or marked by the suspicions of the President, or be thought dangerous to his or their election, or other interests public or personal : that the friendless alien has indeed been selected as the safest subject of a first experiment ; but the citizen will soon follow, or rather, has already followed, for already has a sedition act marked him as its prey : that these and successive acts of the same character, unless arrested at the threshold, necessarily drive these States into revolu tion and blood, and will furnish new calumnies against repub lican government, and new pre texts for those who wish it to be believed that man cannot be governed but by a rod of iron : that it would be a dangerous 304: THE WRITINGS OF [1798. of our rights : that confidence is every where the parent of despotism, free government is founded in jealousy and not in confidence, it is jealousy and not confidence which prescribes limited constitutions, to bind down, those whom we are obliged to trust with power that our constitution has ac cordingly so fixed the limits to which and no further our con fidence may go : and let the honest advocate of confidence read the Alien and Sedition Acts, and say if the constitu tion has not been wise in fixing limits to the government it created and whether we should be wise in destroying those limits ? Let him say what the government is, if it be not a tyranny which the men of our choice have conferred on the President and the President of our choice has assented to and accepted over the friendly strangers to whom the mild spirit of our country & it's laws had pledged hospitality & pro tection : that the men of our choice have more respected the bare suspicions of the President than, the solid rights of inno cence, the claims of justification, the sacred force of truth and the forms and substance of law, & justice : in questions of power delusion were a confidence in, the men of our choice to, si lence our fears for the safety of our rights : that confidence is everywhere the parent of despotism — free government is founded in jealousy, and not in confidence ; it is jealousy and not confidence which pre scribes limited constitutions, to bind down those whom we are obliged to trust with power : that our Constitution has ac cordingly fixed the limits to which, and no further, our confidence may go ;/ and let the honest advocate,/ of confi dence read the Alien and Sedi tion acts, and say if the Con stitution has not been wise in fixing limits to the government it created, aud whether we should be wise in destroying those limits. Let him say what the government is, if it be not a tyranny, which the men of our choice have conferred on our President, and the President ot our choice has assented to, and; accepted over the friendly strangers to whom the mild: spirit of our country and its laws have pledged hospitality/ and protection : that the men. of our choice have more re spected the bare- suspicions of the President, than the solid- right of innocence, the claims 1798] THOMAS JEFFERSON, 305 then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the constitution. That this commonwealth does there fore call on it's co- states for an expression of their sentiments on the acts concerning aliens and for the punishment of cer tain crimes, herein before speci fied, plainly declaring whether these acts are, or are not, authorised by the federal com pact ? And it doubts not that their sense will be so enounced as to prove their attachment unaltered to limited govern ment whether general or par ticular ; & that the rights & liberties of their co-states will be exposed to no dangers by remaining embarked in a com mon bottom with their own : But that however confident at dt|ier times this commonweaUft woidd have been in the /de liberate judgment of the co- states a^ that but on^/opinion would be Xentertainea on the unjustiable character of the acts herein specified/yet it cannot be insensible that circum stances do/exist, &, that pas sions arier at this time afloat which/may give a biasxto the judgment to be pronounce^ on this subject, that times of passion are peculiarly those when pre- VOL. VII.— 20 of justification, the sacred force of truth and the forms and substance of law and jus tice. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this commonwealth does therefore call on its co-States for an expression of their senti ments on the acts concerning aliens, and for the punishment of certain crimes herein be fore specified, plainly declaring whether these acts are or are not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this commonwealth in considering the said acts as so palpably against the Constitution as to- amount to an undisguised dec laration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers what- 3o6 THE WRITINGS OF [1798 ceoentgot wrong are yieldeato with thelasr-eauiig